Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting ...

The Prophet (saws) said: Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell.

Abu Dawud said: On this subject this is the soundest tradition, that is, the tradition of Ibn Buraidah: Judges are of three types.

The Messenger of Allah (saws) was with one of his wives. One of the Mothers of faithful sent a bowl containing food through a servant of hers. She struck with her hand and broke the bowl. Ibn al-Muthanna's version has: The Prophet (saws) took the pieces of the bowl, and joined one with the other, and began to collect the food in it, saying: Your mother is jealous. Ibn al-Muthanna added: Eat. They ate till a bowl of the one in whose house he was brought.

Abu Dawud said: We then returned to the version of the tradition of Musaddad: He said: Eat. He detained the servant and the bowl till they were free. Then he returned the sound bowl to the messenger and detained the broken one (bowl) in his house.

Yahya related to me from Malik from Ibn Shihab from Mahmud ibn Rabi al-Ansari that Utban ibn Malik, who was a blind man, used to lead his people in prayer, and he said to the Messenger of Allah, may Allah bless him and grant him peace, "Sometimes it is dark and rainy and there is a lot of water around outside, and I am a man who has lost his sight. Messenger of Allah, pray in a certain place in my house so that I can take it as a place to pray." The Messenger of Allah, may Allah bless him and grant him peace, came to him and said, "Where would you like me to pray?" He indicated a place to him and the Messengerof Allah, may Allah bless him and grant him peace, prayed there.

`Itban bin Malik used to lead his people (tribe) in prayer and was a blind man, he said to Allah's Apostle , "O Allah's Apostle! At times it is dark and flood water is flowing (in the valley) and I am blind man, so please pray at a place in my house so that I can take it as a Musalla (praying place)." So Allah's Apostle went to his house and said, "Where do you like me to pray?" 'Itban pointed to a place in his house and Allah's Apostle, offered the prayer there.

I remember ten Rakat of Nawafil from the Prophet, two Rakat before the Zuhr prayer and two after it; two Rakat after Maghrib prayer in his house, and two Rakat after 'Isha' prayer in his house, and two Rakat before the Fajr prayer and at that time nobody would enter the house of the Prophet.

Hafsa told me that the Prophet used to offer two Rakat after the call maker had made the Adhan and the day had dawned.

On the Day of Nahr (10th of Dhul-Hijja, in the year prior to the last Hajj of the Prophet when Abu Bakr was the leader of the pilgrims in that Hajj) Abu Bakr sent me along with other announcers to Mina to make a public announcement: "No pagan is allowed to perform Hajj after this year and no naked person is allowed to perform the Tawaf around the Ka`ba. Then Allah's Apostle sent `Ali to read out the Surat Bara'a (at-Tauba) to the people; so he made the announcement along with us on the day of Nahr in Mina: "No pagan is allowed to perform Hajj after this year and no naked person is allowed to perform the Tawaf around the Ka`ba."

Allah's Apostle said, "While I was at Mecca the roof of my house was opened and Gabriel descended, opened my chest, and washed it with Zamzam water. Then he brought a golden tray full of wisdom and faith and having poured its contents into my chest, he closed it. Then he took my hand and ascended with me to the nearest heaven, when I reached the nearest heaven, Gabriel said to the gatekeeper of the heaven, 'Open (the gate).' The gatekeeper asked, 'Who is it?' Gabriel answered: 'Gabriel.' He asked, 'Is there anyone with you?' Gabriel replied, 'Yes, Muhammad I is with me.' He asked, 'Has he been called?' Gabriel said, 'Yes.' So the gate was opened and we went over the nearest heaven and there we saw a man sitting with some people on his right and some on his left. When he looked towards his right, he laughed and when he looked toward his left he wept. Then he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' He replied, 'He is Adam and the people on his right and left are the souls of his offspring. Those on his right are the people of Paradise and those on his left are the people of Hell and when he looks towards his right he laughs and when he looks towards his left he weeps.' Then he ascended with me till he reached the second heaven and he (Gabriel) said to its gatekeeper, 'Open (the gate).' The gatekeeper said to him the same as the gatekeeper of the first heaven had said and he opened the gate. Anas said: "Abu Dhar added that the Prophet met Adam, Idris, Moses, Jesus and Abraham, he (Abu Dhar) did not mention on which heaven they were but he mentioned that he (the Prophet ) met Adam on the nearest heaven and Abraham on the sixth heaven. Anas said, "When Gabriel along with the Prophet passed by Idris, the latter said, 'Welcome! O pious Prophet and pious brother.' The Prophet asked, 'Who is he?' Gabriel replied, 'He is Idris." The Prophet added, "I passed by Moses and he said, 'Welcome! O pious Prophet and pious brother.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Moses.' Then I passed by Jesus and he said, 'Welcome! O pious brother and pious Prophet.' I asked, 'Who is he?' Gabriel replied, 'He is Jesus. Then I passed by Abraham and he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Abraham. The Prophet added, 'Then Gabriel ascended with me to a place where I heard the creaking of the pens." Ibn Hazm and Anas bin ...

The Prophet arrived (at Mecca) in the year of the Conquest (of Mecca) while Usama was riding behind him on (his she-camel)'. Al-Qaswa.' Bilal and `Uthman bin Talha were accompanying him. When he made his she-camel kneel down near the Ka`ba, he said to `Uthman, "Get us the key (of the Ka`ba). He brought the key to him and opened the gate (of the Ka`ba), for him. The Prophet, Usama, Bilal and `Uthman (bin Talha) entered the Ka`ba and then closed the gate behind them (from inside). The Prophet stayed there for a long period and then came out. The people rushed to get in, but I went in before them and found Bilal standing behind the gate, and I said to him, "Where did the Prophet pray?" He said, "He prayed between those two front pillars." The Ka`ba was built on six pillars, arranged in two rows, and he prayed between the two pillars of the front row leaving the gate of the Ka`ba at his back and facing (in prayer) the wall which faces one when one enters the Ka`ba. Between him and that wall (was the distance of about three cubits). But I forgot to ask Bilal about the number of rak`at the Prophet had prayed. There was a red piece of marble at the place where he (i.e. the Prophet) had offered the prayer.

Allah's Apostle said, "Moses the Apostle of Allah," and then he narrated the whole story about him. Al-Khadir said to Moses, "Did not I tell you that you can have no patience with me." (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses: "Call me not to account for forgetting And be not hard upon me." (18.73) "Then they met a boy and Khadir killed him." (18.74) "Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight." (18.77)

Once the Prophet offered the `Asr prayer and then hurriedly went to his house and returned immediately. I (or somebody else) asked him (as to what was the matter) and he said, "I left at home a piece of gold which was from the charity and I disliked to let it remain a night in my house, so I got it distributed . "

Abu Huraira said, "During that Hajj (in which Abu Bakr was the chief of the pilgrims) Abu Bakr sent me along with announcers on the Day of Nahr ( 10th of Dhul-Hijja) in Mina to announce: "No pagans shall perform, Hajj after this year, and none shall perform the Tawaf around the Ka`ba in a naked state." Humaid bin `Abdur Rahman added: Then Allah's Apostle sent `Ali bin Abi Talib (after Abu Bakr) and ordered him to recite aloud in public Surat Bara'a. Abu Huraira added, "So `Ali, along with us, recited Bara'a (loudly) before the people at Mina on the Day of Nahr and announced; "No pagan shall perform Hajj after this year and none shall perform the Tawaf around the Ka`ba in a naked state."

Abu Huraira said, "Abu Bakr sent me in that Hajj in which he was the chief of the pilgrims along with the announcers whom he sent on the Day of Nahr to announce at Mina: "No pagan shall perform Hajj after this year, and none shall perform the Tawaf around the Ka`ba in a naked state." Humaid added: That the Prophet sent `Ali bin Abi Talib (after Abu Bakr) and ordered him to recite aloud in public Surat-Baraa. Abu Huraira added, "So `Ali, along with us, recited Bara'a (loudly) before the people at Mina on the Day of Nahr and announced "No pagan shall perform Hajj after this year and none shall perform the Tawaf around the Ka`ba in a naked state."

The Prophet said "There is a tree in Paradise (which is so big and huge that) a rider could travel in its shade for a hundred years. And if you wish, you can recite:--'In shade long extended..' (56. 30) and a place in Paradise equal to an arrow bow of one of you, is better than (the whole earth) on which the sun rises and sets."

Haritha was martyred on the day (of the battle) of Badr while he was young. His mother came to the Prophet saying, "O Allah's Apostle! You know the relation of Haritha to me (how fond of him I was); so, if he is in Paradise, I will remain patient and wish for Allah's reward, but if he is not there, then you will see what I will do." The Prophet replied, "May Allah be merciful upon you! Have you gone mad? (Do you think) it is one Paradise? There are many Paradises and he is in the (most superior) Paradise of Al-Firdaus."

That the Messenger of Allah (saws) said: "To go out in the cause of Allah in the morning, or the afternoon, is better than the world and what is in it. And the space that a bow of one of you - or the space that his hand - would occupy in Paradise is better than the world and what is in it. And if a woman among the women inhabiting Paradise were to appear to the people of the earth, then she would illuminate what is between the ( the heavens and the earth), and a pleasant scent would fill up what is between them, and the scarf on her head is better than the world and what is in it."

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

The Prophet entered a garden and ordered me to guard its gate. A man came and asked permission to enter. The Prophet said, "Admit him and give him the glad tidings of entering Paradise." Behold! It was Abu Bakr. Another man came and asked the permission to enter. The Prophet said, "Admit him and give him the glad tidings of entering Paradise." Behold! It was `Umar. Then another man came, asking the permission to enter. The Prophet kept silent for a short while and then said, "Admit him and give him the glad tidings of entering Paradise with a calamity which will befall him." Behold! It was `Uthman bin `Affan. `Asim, in another narration, said that the Prophet was sitting in a place where there was water, and he was uncovering both his knees or his knee, and when `Uthman entered, he covered them (or it).

The Messenger of Allah (saws) said to me: O AbuDharr. I replied: At thy service and at thy pleasure, Messenger of Allah. He then mentioned the tradition in which he said: What will you do when there the death of the people (in Medina) and a house will reach the value of a slave (that is, a grave will be sold for a slave).

I replied: Allah and His Apostle know best. Or he said: What Allah and His Apostle choose for me.

He said: You must show endurance. Or he said; you may endure. He then said to me: What will you do, AbuDharr, when you see the Ahjar az-Zayt covered with blood?

I replied: What Allah and His Apostle choose for me.

He said: You must go to those who are like-minded.

I asked: Should I not take my sword and put it on my shoulder? He replied: you would then associate yourself with the people. I then asked: What do you order me to do? You must stay at home. I asked: (What should I do) if people enter my house and find me?

He replied: If you are afraid the gleam of the sword may dazzle you, put the end of your garment over your face in order that (the one who kills you) may bear the punishment of your sins and his.

Abu Dawud said: No one mentioned al-Mush'ath in the chain of this tradition except Hammad b. Zaid.

A banquet of bread and meat was held on the occasion of the marriage of the Prophet to Zainab bint Jahsh. I was sent to invite the people (to the banquet), and so the people started coming (in groups); They would eat and then leave. Another batch would come, eat and leave. So I kept on inviting the people till I found nobody to invite. Then I said, "O Allah's Prophet! I do not find anybody to invite." He said, "Carry away the remaining food." Then a batch of three persons stayed in the house chatting. The Prophet left and went towards the dwelling place of Aisha and said, "Peace and Allah's Mercy be on you, O the people of the house!" She replied, "Peace and the mercy of Allah be on you too. How did you find your wife? May Allah bless you. Then he went to the dwelling places of all his other wives and said to them the same as he said to Aisha and they said to him the same as Aisha had said to him. Then the Prophet returned and found a group of three persons still in the house chatting. The Prophet was a very shy person, so he went out (for the second time) and went towards the dwelling place of `Aisha. I do not remember whether I informed him that the people have gone away. So he returned and as soon as he entered the gate, he drew the curtain between me and him, and then the Verse of Al-Hijab was revealed.

She was mistress of a temple in pre-Islamic days. She said: The prophet (saws) addressed us on the second day of sacrifice (yawm ar-ru'us) and said: Which is this day? We said: Allah and His Apostle are better aware. He said: Is this not the middle of the tashriq days?

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."

Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."

Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "

Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."

Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."

Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."

Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "

Abdullah heard his son praying to Allah: O Allah, I ask Thee a white palace on the right of Paradise when I enter it. He said: O my son, ask Allah for Paradise and seek refuge in Him from Hell-Fire, for I heard the Messenger of Allah (saws) say: In this community there will be some people who will exceed the limits in purification as well as in supplication.

Allah's Apostle, the true and truly inspired said, "(as regards your creation), every one of you is collected in the womb of his mother for the first forty days, and then he becomes a clot for another forty days, and then a piece of flesh for another forty days. Then Allah sends an angel to write four items: He writes his deeds, time of his death, means of his livelihood, and whether he will be wretched or blessed (in religion). Then the soul is breathed into his body. So a man may do deeds characteristic of the people of the (Hell) Fire, so much so that there is only the distance of a cubit between him and it, and then what has been written (by the angel) surpasses, and so he starts doing deeds characteristic of the people of Paradise and enters Paradise. Similarly, a person may do deeds characteristic of the people of Paradise, so much so that there is only the distance of a cubit between him and it, and then what has been written (by the angel) surpasses, and he starts doing deeds of the people of the (Hell) Fire and enters the (Hell) Fire."

Jarir bin `Abdullah said to me, "Allah's Apostle said to me, 'Won't you relieve me from Dhul- Khalasa?' Dhul-Khalasa was a house where the tribe of Khatham used to stay, and it used to be called Ka`bat-ul Yamaniya. So I proceeded with one hundred-and-fifty (men) from the tribe of Ahmas who were good cavalry. I informed the Prophet that I could not sit firm on horses, so he stroke me on the chest with his hand and I noticed his finger marks on my chest. He invoked, 'O Allah! Make him firm and a guiding and rightly-guided man." Jarir set out towards that place, dismantled and burnt it, and then sent the good news to Allah's Apostle . The messenger of Jarir said to Allah's Apostle. "O Allah's Apostle! By Him Who has sent you with the Truth, I did not come to you till it (i.e. the house) had been turned (black) like a scabby camel (covered with tar)." So the Prophet invokes Allah to Bless the horses of the men of Ahmas five times.

We were staying with the Messenger of Allah (saws) at Arafat; he said: O people, every family must offer a sacrifice and an atirah. Do you know what the atirah is? It is what you call the Rajab sacrifice.

Abu Dawud said: 'Atirah has been abrogated, and this tradition is an abrogated one.

Yahya related to me from Malik that he heard that a beggar asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, for something while she was fasting and there was only a loaf of bread in her house. She said to her female mawla, "Give it to him." The mawla protested, "You will not have anything to break your fast with." A'isha repeated, "Give it to him," so she did so. When evening came, the people of a house or a man who did not usually give to them, gave them a sheep and some food to go with it. A'isha, umm al-muminin, called her mawla and said, "Eat from this. This is better than your loaf of bread."

I asked Ibn `Umar, "Can a person who has performed the Tawaf around the Ka`ba for `Umra but has not performed the (Sa`i) Tawaf of Safa and Marwa, have a sexual relation with his wife?" Ibn `Umar replied "When the Prophet reached Mecca he performed the Tawaf around the Ka`ba (circumambulated it seven times) and offered a two-rak`at prayer (at the place) behind the station (of Abraham) and then performed the Tawaf (Sa`i) of Safa and Marwa, and verily in Allah's Apostle you have a good example." Then we put the same question to Jabir bin `Abdullah and he too replied, "He should not go near his wife (for sexual relation) till he has finished the Tawaf of Safa and Marwa."

`Ata' said, "Ibn `Abbas said, 'If he (i.e. the one intending to perform `Umra) has performed the Tawaf around the Ka`ba, his Ihram is considered to have finished.' said, 'What proof does Ibn `Abbas has as to this saying?" `Ata' said, "(The proof is taken) from the Statement of Allah:-- "And afterwards they are brought For sacrifice unto Ancient House (Ka`ba at Mecca)" (22.33) and from the order of the Prophet to his companions to finish their Ihram during Hajjat-ul-Wada`." I said (to `Ata'), "That (i.e. finishing the Ihram) was after coming form `Arafat." `Ata' said, "Ibn `Abbas used to allow it before going to `Arafat (after finishing the `Umra) and after coming from it (i.e. after performing the Hajj).

I purposely looked at the prayer of the Messenger of Allah (saws), how he offered it. The Messenger of Allah (saws) stood up, faced the direction of the qiblah and uttered the takbir (Allah is most great) and then raised his hands in front of his ears, then placed his right hand on his left (catching each other).

When he was about to bow, he raised them in the same manner. He then placed his hands on his knees. When he raised his head after bowing, he raised them in the like manner. When he prostrated himself he placed his forehead between his hands.

He then sat down and spread his left foot and placed his left hand on his left thigh, and kept his right elbow aloof from his right thigh. He closed his two fingers and made a circle (with the fingers).

I (Asim ibn Kulayb) saw him (Bishr ibn al-Mufaddal) say in this manner. Bishr made the circle with the thumb and the middle finger and pointed with the forefinger.

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah's Messenger (may peace be upon him) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint Qais.