`Utba bin Abu Waqqas took a firm promise from his brother Sa`d bin Abu Waqqas to take the son of the slave-girl of Zam`a into his custody as he was his (i.e. `Utba's) son. In the year of the Conquest (of Mecca) Sa`d bin Abu Waqqas took him, and said that he was his brother's son, and his brother took a promise from him to that effect. 'Abu bin Zam`a got up and said, "He is my brother and the son of the slave-girl of my father and was born on my father's bed." Then they both went to the Prophet Sa`d said, "O Allah's Apostle! He is the son of my brother and he has taken a promise from me that I will take him." 'Abu bin Zam`a said, "(He is) my brother and the son of my father's slave-girl and was born on my father's bed." Allah's Apostle said, "The boy is for you. O 'Abu bin Zam`a." Then the Prophet said, "The son is for the bed (i.e. the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse." The Prophet told his wife Sauda bint Zam`a to screen herself from that boy as he noticed a similarity between the boy and `Utba. So, the boy did not see her till he died.

Yahya said that Malik spoke about an investor who made a qirad loan to a man.

He said, "When the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collecting debts, transporting the goods, loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides, he has no expenses from the capital and no clothing."

Malik spoke about an investor who paid qirad money to a man, and the agent went out with it and with his own capital. He said, "The expenses come from the qirad and from his own capital according to their proportions."

A man came to the Prophet and said, "I have been ruined for I have had sexual relation with my wife in Ramadan (while I was fasting)" The Prophet said (to him), "Manumit a slave." The man said, " I cannot afford that." The Prophet said, "(Then) fast for two successive months continuously". The man said, "I cannot do that." The Prophet said, "(Then) feed sixty poor persons." The man said, "I have nothing (to feed them with)." Then a big basket full of dates was brought to the Prophet. The Prophet said, "Where is the questioner? Go and give this in charity." The man said, "(Shall I give this in charity) to a poorer person than l? By Allah, there is no family in between these two mountains (of Medina) who are poorer than we." The Prophet then smiled till his premolar teeth became visible, and said, "Then (feed) your (family with it).

I can still picture myself looking at the Messenger of Allah (saws) who was among the camps of the Companions seeking the camp of Khalid ibn al-Walid, when a man who had drunk wine was brought before him. He asked the people: Beat him. Some struck him with sandals, some with sticks and some with fresh branches of the palm-tree (mitakhah). Ibn Wahb said: This (mitakhah) means green palm fronds. Then the apostle of Allah (saws) took some dust from the ground and threw it on his face.

When a man from the Ansar quarreled with Az-Zubair, the Prophet said, "O Zubair! Irrigate (your land) first and then let the water flow (to the land of the others)." "On that the Ansari said, (to the Prophet), "It is because he is your aunt's son." On that the Prophet said, "O Zubair! Irrigate till the water reaches the walls between the pits around the trees and then stop (i.e. let the water go to the other's land)." I think the following verse was revealed concerning this event: "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65)

`Ubaid bin `Umar Al-Laithi and I visited Aisha and asked her about the Hijra (i.e. migration), and she said, "Today there is no (Hijrah) emigration. A believer used to run away with his religion to Allah and His Apostle lest he should be put to trial because of his religion. Today Allah has made Islam triumphant, and today a believer can worship his Lord wherever he likes. But the deeds that are still rewardable (in place of emigration) are Jihad and good intentions." (See Hadith No. 42 Vol. 4).

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from his father that Abu'l-Baddah ibn Asim ibn Adi told him from his father that the Messenger of Allah, may Allah bless him and grant him peace, allowed the camel-herders to spend the night outside of Mina, and they threw the stones (once) on the day of sacrifice, and (once) for the following day and the day after that, and (once) on the day when they left Mina.

Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (saws). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (saws) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (saws) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (saws) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.

A man from Najd with unkempt hair came to Allah's Apostle and we heard his loud voice but could not understand what he was saying, till he came near and then we came to know that he was asking about Islam. Allah's Apostle said, "You have to offer prayers perfectly five times in a day and night (24 hours)." The man asked, "Is there any more (praying)?" Allah's Apostle replied, "No, but if you want to offer the Nawafil prayers (you can)." Allah's Apostle further said to him: "You have to observe fasts during the month of Ramadan." The man asked, "Is there any more fasting?" Allah's Apostle replied, "No, but if you want to observe the Nawafil fasts (you can.)" Then Allah's Apostle further said to him, "You have to pay the Zakat (obligatory charity)." The man asked, "Is there any thing other than the Zakat for me to pay?" Allah's Apostle replied, "No, unless you want to give alms of your own." And then that man retreated saying, "By Allah! I will neither do less nor more than this." Allah's Apostle said, "If what he said is true, then he will be successful (i.e. he will be granted Paradise)."

The Prophet (saws) said: He who finds something should call one or two trusty persons as witnesses and not conceal it or cover it up; then if he finds its owner he should return it to him, otherwise it is Allah's property which He gives to whom He will.

"We were in Medina with some of the Iraqi people, and we were struck with famine and Ibn Az- Zubair used to give us dates. Ibn `Umar used to pass by and say, "The Prophet forbade us to eat two dates at a time, unless one takes the permission of one's companions."

I saw Allah's Apostle , and the only converts (to Islam) with him, were five slaves, two women and Abu Bakr.

The Prophet sent seventy men from the tribe of Bani Salim to the tribe of Bani Amir. When they reached there, my maternal uncle said to them, "I will go ahead of you, and if they allow me to convey the message of Allah's Apostle (it will be all right); otherwise you will remain close to me." So he went ahead of them and the pagans granted him security But while he was reporting the message of the Prophet , they beckoned to one of their men who stabbed him to death. My maternal uncle said, "Allah is Greater! By the Lord of the Ka`ba, I am successful." After that they attached the rest of the party and killed them all except a lame man who went up to the top of the mountain. (Hammam, a sub-narrator said, "I think another man was saved along with him)." Gabriel informed the Prophet that they (i.e the martyrs) met their Lord, and He was pleased with them and made them pleased. We used to recite, "Inform our people that we have met our Lord, He is pleased with us and He has made us pleased " Later on this Qur'anic Verse was cancelled. The Prophet invoked Allah for forty days to curse the murderers from the tribe of Ral, Dhakwan, Bani Lihyan and Bam Usaiya who disobeyed Allah and his Apostle.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abu Rafi, the mawla of the Messenger of Allah, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, borrowed a young camel and then the camels of sadaqa came to him." Abu Rafi said, "He ordered me to repay the man his young camel. I said, 'I can only find a good camel in its seventh year in the camels.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give it to him. The best of people are those who discharge their debts in the best manner.' "

A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet and said, "O Allah's Apostle! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?" Allah's Apostle said, "It is unlawful to marry your first husband till the other husband consummates his marriage with you."

`Uqba bin Al-Harith said that he had married the daughter of Abi Ihab bin `Aziz. Later on a woman came to him and said, "I have suckled (nursed) `Uqba and the woman whom he married (his wife) at my breast." `Uqba said to her, "Neither I knew that you have suckled (nursed) me nor did you tell me." Then he rode over to see Allah's Apostle at Medina, and asked him about it. Allah's Apostle said, "How can you keep her as a wife when it has been said (that she is your foster-sister)?" Then `Uqba divorced her, and she married another man.

`Uqba married the daughter of Abu Ihab bin `Aziz, and then a woman came and said, "I suckled `Uqba and his wife." `Uqba said to her, "I do not know that you have suckled me, and you did not inform me." He then sent someone to the house of Abu Ihab to inquire about that but they did not know that she had suckled their daughter. Then `Uqba went to the Prophet in Medina and asked him about it. The Prophet said to him, "How (can you keep your wife) after it has been said (that both of you were suckled by the same woman)?" So, he divorced her and she was married to another (husband).

`Abdullah bin `Umar used to do Rami of the Jamrat-ud-Dunya with seven small pebbles and used to recite Takbir on throwing each stone. He, then, would proceed further till he reached the level ground, where he would stay for a long time, facing the Qibla to invoke (Allah) while raising his hands. Then he would do Rami of the Jamrat-ul-Wusta similarly and would go to the left towards the level ground, where he would stand for a long time facing the Qibla to invoke (Allah) while raising his hands. Then he would do Rami of the Jamrat-ul-Aqaba from the middle of the valley, but he would not stay by it. Ibn `Umar used to say, "I saw Allah's Apostle doing like that."

We came to the Prophet (saws), and a man came and said: Prophet of Allah, what do you say if one prays in a single garment? The Messenger of Allah (saws) then took off his wrapper and combined it with his sheet, and put it on them. He got up and the Prophet of Allah (saws) led us in prayer. When he finished the prayer, he said: Does every one of you have two garments?

'A'isha, the wife of Allah's Apostle (may peace be upon him), said that whenever he had to choose between two things he adopted the easier one, provided it was nor sin, but if it was any sin he was the one wio was the farthest from it of the people; and Allah's Messenger (may peace be upon him) never took revenge from anyone because of his personal grievance, unless what Allah, the Exalted and Glorious, had made inviolable had been violated.

Malik related to me from Nafi from Abu Lubaba that the Messenger of Allah, may Allah bless him and grant him peace, forbade killing snakes which were in the houses.

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.

I was with the Prophet in the Cave. When I raised my head, I saw the feet of the people. I said, "O Allah's Apostle! If some of them should look down, they will see us." The Prophet said, "O Abu Bakr, be quiet! (For we are) two and Allah is the Third of us."

The first lady to use a girdle was the mother of Ishmael. She used a girdle so that she might hide her tracks from Sarah. Abraham brought her and her son Ishmael while she was suckling him, to a place near the Ka`ba under a tree on the spot of Zamzam, at the highest place in the mosque. During those days there was nobody in Mecca, nor was there any water So he made them sit over there and placed near them a leather bag containing some dates, and a small water-skin containing some water, and set out homeward. Ishmael's mother followed him saying, "O Abraham! Where are you going, leaving us in this valley where there is no person whose company we may enjoy, nor is there anything (to enjoy)?" She repeated that to him many times, but he did not look back at her Then she asked him, "Has Allah ordered you to do so?" He said, "Yes." She said, "Then He will not neglect us," and returned while Abraham proceeded onwards, and on reaching the Thaniya where they could not see him, he faced the Ka`ba, and raising both hands, invoked Allah saying the following prayers: 'O our Lord! I have made some of my offspring dwell in a valley without cultivation, by Your Sacred House (Ka`ba at Mecca) in order, O our Lord, that they may offer prayer perfectly. So fill some hearts among men with love towards them, and (O Allah) provide them with fruits, so that they may give thanks.' (14.37) Ishmael's mother went on suckling Ishmael and drinking from the water (she had). When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at him (i.e. Ishmael) tossing in agony; She left him, for she could not endure looking at him, and found that the mountain of Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from Safa and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble, till she crossed the valley and reached the Marwa mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between Safa and Marwa) seven times." The Prophet said, "This is the source of the tradition of the walking of people between them (i.e. Safa and Marwa). When she reached the Marwa (for the last time) she heard a voice and she asked herself to be quiet and listened attentively. She heard the voice again and said, 'O, (whoever you may be)! You have made me hear your voice; have you got something to help me?" And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or his wing), till water flowed from that place. She started to make something like a basin around it, using her hand in this way, and started filling her water-skin with water with her hands, and the water was flowing out after she had scooped some of it." The Prophet added, "May Allah bestow Mercy on Ishmael's mother! Had she let the Zamzam (flow without trying to control it) (or had she not scooped from that water) (to fill her water-skin), Zamzam would have been a stream flowing on the surface of the earth." The Prophet further added, "Then she drank (water) and suckled her child. The angel said to her, 'Don't be afraid of being neglected, for this is the House of Allah which will be built by this boy and his father, and Allah never neglects His people.' The House (i.e. Ka`ba) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She lived in that way till some people from the tribe of Jurhum or a family from Jurhum passed by her and her child, as they (i.e. the Jurhum people) were coming through the way of Kada'. They landed in the lower part of Mecca where they saw a bird that had the habit of flying around water and not leaving it. They said, 'This bird must be flying around water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came (towards the water)." The Prophet added, "Ishmael's mother was sitting near the water. They asked her, 'Do you allow us to stay with you?" She replied, 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet further said, "Ishmael's mother was pleased with the whole situation as she used to love to enjoy the company of the people. So, they settled there, and later on they sent for their families who came and settled with them so that some families became permanent residents there. The child (i.e. Ishmael) grew up and learnt Arabic from them and (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty they made him marry a woman from amongst them. After Ishmael's mother had died, Abraham came after Ishmael's marriage in order to see his family that he had left before, but he did not find Ishmael there. When he asked Ishmael's wife about him, she replied, 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied, 'We are living in misery; we are living in hardship and destitution,' complaining to him. He said, 'When your husband returns, convey my salutation to him and tell him to change the threshold of the gate (of his house).' When Ishmael came, he seemed to have felt something unusual, so he asked his wife, 'Has anyone visited you?' She replied, 'Yes, an old man of so-and-so description came and asked me about you and I informed him, and he asked about our state of living, and I told him that we were living in a hardship and poverty.' On that Ishmael said, 'Did he advise you anything?' She replied, 'Yes, he told me to convey his salutation to you and to tell you to change the threshold of your gate.' Ishmael said, 'It was my father, and he has ordered me to divorce you. Go back to your family.' So, Ishmael divorced her and married another woman from amongst them (i.e. Jurhum). Then Abraham stayed away from them for a period as long as Allah wished and called on them again but did not find Ishmael. So he came to Ishmael's wife and asked her about Ishmael. She said, 'He has gone in search of our livelihood.' Abraham asked her, 'How are you getting on?' asking her about their sustenance and living. She replied, 'We are prosperous and well-off (i.e. we have everything in abundance).' Then she thanked Allah' Abraham said, 'What kind of food do you eat?' She said. 'Meat.' He said, 'What do you drink?' She said, 'Water." He said, "O Allah! Bless their meat and water." The Prophet added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet added, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected, unless he lives in Mecca." The Prophet added," Then Abraham said Ishmael's wife, "When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his gate.' When Ishmael came back, he asked his wife, 'Did anyone call on you?' She replied, 'Yes, a good-looking old man came to me,' so she praised him and added. 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in a good condition.' Ishmael asked her, 'Did he give you any piece of advice?' She said, 'Yes, he told me to give his regards to you and ordered that you should keep firm the threshold of your gate.' On that Ishmael said, 'It was my father, and you are the threshold (of the gate). He has ordered me to keep you with me.' Then Abraham stayed away from them for a period as long as Allah wished, and called on them afterwards. He saw Ishmael under a tree near Zamzam, sharpening his arrows. When he saw Abraham, he rose up to welcome him (and they greeted each other as a father does with his son or a son does with his father). Abraham said, 'O Ishmael! Allah has given me an order.' Ishmael said, 'Do what your Lord has ordered you to do.' Abraham asked, 'Will you help me?' Ishmael said, 'I will help you.' Abraham said, Allah has ordered me to build a house here,' pointing to a hillock higher than the land surrounding it." The Prophet added, "Then they raised the foundations of the House (i.e. the Ka`ba). Ishmael brought the stones and Abraham was building, and when the walls became high, Ishmael brought this stone and put it for Abraham who stood over it and carried on building, while Ishmael was handing him the stones, and both of them were saying, 'O our Lord! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing.' The Prophet added, "Then both of them went on building and going round the Ka`ba saying: O our Lord ! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing." (2.127)

I accompanied the Messenger of Allah (saws) on eighteen journeys and I never saw him fail to pray two rak'ahs when the sun had passed the meridian before offering the noon prayer.

When the Messenger of Allah (saws) sent him to the Yemen, he said (to him): Collect corn from the corn, sheep from the sheep, camel from the camels, and cow from the cows.

Abu Dawud said: In Egypt I saw a cucumber thirteen spans in length and a citron cut into two pieces loaded on a camel like two loads.

That he said: "O Messenger of Allah! We live in a land of the People of Book and we cook in their containers, and drink in their vessels." The Messenger of Allah (saws) said: "If you do not find other than them, then rinse them with water."

The he said: "O Messenger of Allah! We live in a land of game, so what should we do ?" He said: "When you send your trained dog, and you mentioned the Name of Allah, and he kills it, then eat it. And when you shoot it with your bow, and it is killed, then eat it.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

I said: My father has sent me to you to collect zakat from you. He asked: What kind of animals will you take, my nephew? I replied: We shall select the sheep and examine their udders. He said: My nephew, I shall narrate a tradition to you. I lived on one of these steppes during the time of the Messenger of Allah (saws) along with my sheep. Two people riding a camel came to me.

They said to me: We are messengers of the Messenger of Allah (saws), sent to you so that you may pay the sadaqah (zakat) on your sheep.

I asked: What is due from me for them?

They said: One goat. I went to a goat which I knew was full of milk and fat, and I brought it to them.

They said: This is a pregnant goat. The Messenger of Allah (saws) prohibited us to accept a pregnant goat.

I asked: What will you take then? They said: A goat in its second year or a goat in its third year. I then went to a goat which had not given birth to any kid, but it was going to do so. I brought it to them.

They said: Give it to us. They took it on the camel and went away.

Abu Dawud said: Abu 'Asim transmitted this tradition from Zakariyya. He said: Muslim bin Shu'bah is a narrator in the chain of this tradition as reported by the narrator Rawh.

A man of Banu Amir said: Messenger of Allah, my father is very old, he cannot perform hajj and umrah himself nor can be ride on a mount. He said: Perform hajj and umrah on behalf of your father.