I said, "O Allah's Apostle! Marry my sister, the daughter of Abu Sufyan." He said, "Do you like that?" I said, "Yes, for even now I am not your only wife; and the most beloved person to share the good with me is my sister." The Prophet said, "But that is not lawful for me (i.e., to be married to two sisters at a time.)" I said, "O Allah's Apostle! By Allah, we have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "By Allah ! Even if she were not my stepdaughter, she would not be lawful for me to marry, for she is my foster niece, for Thuwaiba has suckled me and Abu Salama; so you should neither present your daughters, nor your sisters to me."

Ibn `Umar bin Al-Khattab divorced his wife during her menses. Allah's Apostle ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever `Abdullah (bin `Umar) was asked about that, he would say to the questioner, "If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).' Ibn `Umar further said, 'Would that you (people) only give one or two divorces, because the Prophet has ordered me so."

Hind bint `Utba bin Rabi`a said, "O Allah 's Apostle! (Before I embraced Islam), there was no family on the surface of the earth, I wish to have degraded more than I did your family. But today there is no family whom I wish to have honored more than I did yours." Allah's Apostle said, "I thought similarly, by Him in Whose Hand Muhammad's soul is!" Hind said, "O Allah's Apostle! (My husband) Abu Sufyan is a miser. Is it sinful of me to feed my children from his property?" The Prophet said, "No, unless you take it for your needs what is just and reasonable."

Allah's Apostle forbade the selling of fruits (fresh dates) for dried dates but allowed the sale of fruits on the 'Araya by estimation and their new owners might eat their dates fresh. Sufyan (in another narration) said, "I told Yahya (a sub-narrator) when I was a mere boy, 'Meccans say that the Prophet allowed them the sale of the fruits on 'Araya by estimation.' Yahya asked, 'How do the Meccans know about it?' I replied, 'They narrated it (from the Prophet ) through Jabir.' On that, Yahya kept quiet." Sufyan said, "I meant that Jabir belonged to Medina." Sufyan was asked whether in Jabir's narration there was any prohibition of selling fruits before their benefit is evident (i.e. no dangers of being spoilt or blighted). He replied that there was none.

That Zaid bin Khalid Al-Juhani narrated to him something in the presence of Sa`id bin 'Ubaidullah Al- Khaulani who was brought up in the house of Maimuna the wife of the Prophet. Zaid narrated to them that Abu Talha said that the Prophet said, "The Angels (of Mercy) do not enter a house wherein there is a picture." Busr said, "Later on Zaid bin Khalid fell ill and we called on him. To our surprise we saw a curtain decorated with pictures in his house. I said to Ubaidullah Al-Khaulani, "Didn't he (i.e. Zaid) tell us about the (prohibition of) pictures?" He said, "But he excepted the embroidery on garments. Didn't you hear him?" I said, "No." He said, "Yes, he did."

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...

Ibn Sa'd said: My father (Sa'd ibn AbuWaqqas) heard me say: O Allah, I ask Thee for Paradise, its blessings, its pleasure and such-and-such, and such-and-such; I seek refuge in Thee from Hell, from its chains, from its collars, and from such-and-such, and from such-and-such. He said: I heard the Messenger of Allah (saws) say: There will be people who will exaggerate in supplication. You should not be one of them. If you are granted Paradise, you will be granted all what is good therein; if you are protected from Hell, you will be protected from what is evil therein.

The Messenger of Allah (saws) commanded to kill him: he was a spy of AbuSufyan and an ally of a man of the Ansar. He passed a circle of the Ansar and said: I am a Muslim. A man from the Ansar said, Messenger of Allah, he is saying that he is a Muslim. The Messenger of Allah (saws) said: There are people among you in whose faith we trust. Furat ibn Hayyan is one of them.

Yahya said, "Malik said from Hisham ibn Urwa that Abdullah ibn az-Zubayr gave judgment based on the testimony of children concerning the injuries between them."

Malik said, "The generally agreed on way of doing things in our community is that the testimony of children is permitted concerning injuries between them. It is not accepted about anything else. It is only permitted between them if they testify before they leave the scene of the incident and have been deceived or instructed. If they leave the scene, they have no testimony unless they call just witnesses to witness their testimony before they leave."

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."

The Prophet took an oath that he would not enter upon some of his wives for one month. But when twenty nine days had elapsed, he went to them in the morning or evening. It was said to him, "O Allah's Prophet! You had taken an oath that you would not enter upon them for one month." He replied, "The month can be of twenty nine days."

Two person of Bani Thaqif and one from Quarish (or two persons from Quraish and one from Bani Thaqif) who had fat bellies but little wisdom, met near the Ka`ba. One of them said, "Did you see that Allah hears what we say? " The other said, "He hears us if we speak aloud, but He does not hear if we speak in stealthy quietness (softly)." The third fellow said, "If He hears when we speak aloud, then He surely hears us if we speak in stealthy quietness (softly)." So Allah revealed the Verse:-- 'And you have not been screening against yourselves, lest your ears, and your eyes and your skins should testify against you..." (41.22)

"I heard Ibn Abi Laila narrating that Hudhaifah asked for water, so someone brought him a vessel made from silver. He threw it, and said: 'I have indeed forbade him, but he refused to stop! Indeed the Messenger of Allah (saws) prohibited drinking from silver and gold vessels, and from wearing silk and Dibaj, and he (saws) said: "If is for them in this world, and for you in the Hereafter."

He said: There are narrations on this topic from Umm Salamah, Al-Bara', and 'Aishah.

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

During the last Hajj led by `Umar, `Abdur-Rahman bin `Auf returned to his family at Mina and met me there. `AbdurRahman said (to `Umar), "O chief of the believers! The season of Hajj is the season when there comes the scum of the people (besides the good amongst them), so I recommend that you should wait till you go back to Medina, for it is the place of Migration and Sunna (i.e. the Prophet's tradition), and there you will be able to refer the matter to the religious scholars and the nobles and the people of wise opinions." `Umar said, "I will speak of it in Medina on my very first sermon I will deliver there."

The Prophet (saws) as saying to him: Complete the recitation of the Qu'ran in one month. He said: I have more strength. He (the Prophet) said: Complete the recitation in twenty days. He again said: I have more energy. He said : Recite in fifteen days. He again said: I have more energy. He said: Recite in ten days. He again said: I have more energy. He said: Recite in seven days, do not add to it.

Abu Dawud said: The tradition narrated by Muslim is more perfect.

A woman made a voyage and vowed that she would fast one month if Allah made her reach her destination with peace and security. Allah made her reach her destination with security but she died before she could fast. Her daughter or sister (the narrator doubted) came to the Messenger of Allah (saws). So he commanded to fast on her behalf.

The Prophet (saws) said: Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the option to annul is attached to it; and it is not permissible for one of them to separate from the other for fear that one may demand that the bargain be rescinded.

I heard the Messenger of Allah (saws) say: Wine is made from grape-syrup, raisins, dried dates, wheat, barley, millet, and I forbid you from every intoxicant.

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, Abdullah ibn Umar, Abdullah ibn Masud, Salim ibn Abdullah, al-Qasim ibn Muhammad, Ibn Shihab,and Sulayman ibn Yasar all said, "If a man has vowed to divorce his wife before marrying her and then he breaks his vow, divorce is obligatory for him when he marries her."

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn al-Khattab once recited a piece of Qur'an requiring a prostration while he was on the mimbar on the day of jumua, and he came down and prostrated, and everyone prostrated with him. Then he recited it again the next jumua and everybody prepared to prostrate but he said, "At your ease. Allah has not prescribed it for us, unless we wish." He did not prostrate, and he stopped them from prostrating.

Yahya related to me from Malik that Ibn Shihab said, "Between the Islam of Safwan and the Islam of his wife there was about one month."

Ibn Shihab said, "We have not heard about any woman doing hijra for Allah and His Messenger while her husband was a kafir abiding in the land of kufr, but that her hijra separated her and her husband unless her husband came in hijra before her period of idda had been completed."

The Prophet saw an old man walking, supported by his two sons, and asked about him. The people informed him that he had vowed to go on foot (to the Ka`ba). He said, "Allah is not in need of this old man's torturing himself," and ordered him to ride.

Hind bint `Utba (Abu Sufyan's wife) came and said, "O Allah's Apostle! Abu Sufyan is a miser. Is there any harm if I spend something from his property for our children?" He said, there is no harm for you if you feed them from it justly and reasonably (with no extravagance).

That Abu Sufyan told him that Heraclius said to him, "I asked you about the outcome of your battles with him (i.e. the Prophet ) and you told me that you fought each other with alternate success. So the Apostles are tested in this way but the ultimate victory is always theirs.

Malik related to me that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "If there is a remedy that will reach the disease, then cupping will reach it."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab used to go to the place of prayer after praying subh, and before the sun rose.

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

Two men had a dispute in the presence of Allah's Apostle. One of them said, "O Allah's Apostle! Judge between us according to Allah's Laws." The other who was wiser, said, "Yes, O Allah's Apostle! Judge between us according to Allah's Laws and allow me to speak. The Prophet said, "Speak." He said, "My son was a laborer serving this (person) and he committed illegal sexual intercourse with his wife, The people said that my son is to be stoned to death, but I ransomed him with one-hundred sheep and a slave girl. Then I asked the learned people, who informed me that my son should receive one hundred lashes and will be exiled for one year, and stoning will be the lot for the man's wife." Allah's Apostle said, "Indeed, by Him in Whose Hand my soul is, I will judge between you according to Allah's Laws: As for your sheep and slave girl, they are to be returned to you." Then he scourged his son one hundred lashes and exiled him for one year. Then Unais Al- Aslami was ordered to go to the wife of the second man, and if she confessed (the crime), then stone her to death. She did confess, so he stoned her to death.

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

An ally of Bani Zuhra who took part in the battle of Badr with the Prophet, that he said, "O Allah's Apostle! If I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, 'I have surrendered to Allah (i.e. embraced Islam),' may I kill him after he has said so?" Allah's Apostle said, "Do not kill him." Al- Miqdad said, "But O Allah's Apostle! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?" The Prophet said. "Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence." The Prophet also said to Al-Miqdad, "If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Mecca before."

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me, and I asked him again and he gave me and said, 'O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand." Hakim added, "I said, O Allah's Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die." Afterwards Abu Bakr used to call Hakim to give him something but he refused to accept anything from him. Then `Umar called him to give him (something) but he refused. Then `Umar said, "O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it." Thus Hakim did not ask anybody for anything after the Prophet, till he died--may Allah bestow His mercy upon him.

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me. I asked him again, and he gave me, and said to me. 'O Hakim! This wealth is like green sweet (i.e. fruit), and if one takes it without greed, then one is blessed in it, and if one takes it with greediness, then one is not blessed in it, and will be like the one who eats without satisfaction. And an upper (i.e. giving) hand is better than a lower (i.e. taking) hand,' I said, 'O Allah's Apostle! By Him Who has sent you with the Truth. I will not ask anyone for anything after you till I leave this world." So, when Abu Bakr during his Caliphate, called Hakim to give him (some money), Hakim refused to accept anything from him. Once `Umar called him (during his Caliphate) in order to give him something, but Hakim refused to accept it, whereupon `Umar said, "O Muslims! I give him (i.e. Hakim) his right which Allah has assigned to him) from this Fai '(booty), but he refuses to take it." So Hakim never took anything from anybody after the Prophet till he died.

'Urwa b. Zubair narrated that 'A'isha the Mother of the Believers (Allah be pleased with her) informed him that the Messenger of Allah (may peace be upon him) kissed her while fasting.

Anas b. Malik is reported to have said that Allah's Messenger (may peace be upon him) had forbidden to mixture fresh dates and unripe dates and then drinking (the wine prepared out of it), and that was their common intoxicant when liquor was prohibited.

Allah's Apostle forbade Al-Muzabana, i.e. to sell ungathered dates of one's garden for measured dried dates or fresh ungathered grapes for measured dried grapes; or standing crops for measured quantity of foodstuff. He forbade all such bargains.

The Prophet (saws) said: If anyone brings barren land into cultivation, it belong to him. He then transmitted a similar tradition mentioned above (No. 3067).

He ('Urwah) said: One who transmitted this tradition to me said that two persons brought their dispute to the Messenger of Allah (saws). One of them grew palm trees in the land of the other. He decided to return the land to its owner of the palm-trees to remove his palm-trees. He said: I saw when their roots were being struck with axes. The trees were fully grown up, but they were removed from there.

When Hafsa, `Umar's daughter became a widow because of the death of her (husband) Ibn Hudhafa As-Sahmi who was one of the companion of the Prophet and the one of the Badr warriors and died at Medina, `Umar said, "I met `Uthman bin `Affan and gave him an offer, saying, 'If you wish, I will marry Hafsa to you.' He said. 'I will think it over' I waited for a few days, then he met me and said, 'I have made up my mind not to marry at present' "`Umar added, "Then I met Abu Bakr and said to him, 'If you wish, I will marry Hafsa to you.' "

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "A woman who bleeds as if menstruating only has to do one ghusl, and then after that she does wudu for each prayer."

Yahya said that Malik said, "The position with us is that when a woman who bleeds as if menstruating starts to do the prayer again, her husband can have sexual intercourse with her. Similarly, if a woman who has given birth sees blood after she has reached the fullest extent that bleeding normally restrains women, her husband can have sexual intercourse with her and she is in the same position as a woman who bleeds as if menstruating."

Yahya said that Malik said, "The position with us concerning a woman who bleeds as if menstruating is founded on the hadith of Hisham ibn Urwa from his father, and it is what I prefer the most of what I have heard about the matter."

Aisha told me that Barirah came to seek her help in writing for emancipation and at that time she had not paid any part of her price. `Aisha said to her, "Go to your masters and if they agree that I will pay your price (and free you) on condition that your Wala' will be for me, I will pay the money." Barirah told her masters about that, but they refused, and said, "If `Aisha wants to do a favor she could, but your Wala will be for us." Aisha informed Allah's Apostle of that and he said to her, "Buy and manumit Barirah as the Wala' will go to the manumitted."