Yahya related to me from Malik from Ibn Shihab that Sad ibn Abi Waqqas and Abdullah ibn Umar used to be cupped while they were fasting.

Yahya related to me from Malik from Yahya ibn Said that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say, "Only the House frees a person in ihram from ihram."

Yahya related to me from Malik from Hisham ibn Urwa from his father that Abdullah ibn al-Arqam used to lead his companions in prayer. The time for prayer came one day and he went to relieve himself. When he returned, he said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If you wish to defecate, you should do so before the prayer.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr that Abdullah ibn Waqid said, "The Messengerof Allah, may Allah bless him and grant him peace, forbade eating the meat from sacrificial animals after three days."

Abdullah ibn Abi Bakr said, "I mentioned that to Amra bint Abd ar-Rahman, and she affirmed that he had spoken the truth as she had heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, 'Some people from the desert came at the time of the sacrifice in the time of the Messenger of Allah, may Allah bless him and grant him peace, so the Messenger of Allah, may Allah bless him and grant him peace, said, 'Store up for three days, and give what is left over as sadaqa.' "

She said that afterwards some one said to the Messenger of Allah, may Allah bless him and grant him peace, that people had been accustomed to make use of their sacrificial animals, melting the fat and curing the skins. The Messenger of Allah, may Allah bless him and grant him peace, said, "What about that?" They said, "You have forbidden the meat of sacrificial animals after three days." The Messenger of Allah, may Allah bless him and grant him peace, said, "I only forbade you for the sake of the people who were coming to you. Eat, give sadaqa and store up."

By these people, he meant the poor people who were coming to Madina.

Yahya related to me from Malik that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, used to say, "I did not believe that the Messenger of Allah, may Allah bless him and grant him peace, had died until I heard the pickaxes fall."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Muhayriz that a man from the Kinana tribe called al-Mukhdaji heard a man in Syria known as Abu Muhammad saying, "The witr is obligatory (fard)." Al-Mukhdaji said, "I went to Ubada ibn as-Samit and presented myself to him as he was going to the mosque, and told him what Abu Muhammad had said. Ubada said that Abu Muhammad had lied and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Allah the Majestic and Mighty has written five prayers for mankind, and whoever does them and does not waste anything of them by making light of what is due to them, there is a pact for him with Allah that He will admit him into the Garden.Whoever does not do them, there is no pact for him with Allah. If He wishes, He punishes him, and if He wishes, He admits him into the Garden.' "

Malik related to me from Ibn Shihab from Muhammad ibn Jubayr ibn Mutim that the Prophet, may Allah bless him and grant him peace, said, "I have five names. I am Muhammad. I am Ahmad. I am al-Mahi (the effacer), by whom Allah effaces kufr. I am al-Hashir (the gatherer), before whom people are gathered. I am al-Aqib (the last)."

Yahya related that Malik heard al-Ala ibn Abd ar-Rahman say, "Sadaqa does not decrease property, and Allah only increases a slave in worth for his restraint, and no slave is humble but that Allah raises him."

Malik said, "I do not know whether this hadith goes back to the Prophet, may Allah bless him and grant him peace, or not."

Malik related to me from AIqama ibn Abi Alqama that his mother said that she had heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, "The Messenger of Allah, may Allah bless him and grant him peace, rose one night and put on his clothes and then went out. I ordered my slave-girl, Barira, to follow him, and she followed him until he got to al-Baqi. He stood near it as long as Allah willed and then he left. Barira arrived back before him and told me and I did not say anything to him until morning, and then I mentioned it to him and he explained, 'I was sent out to the people of al-Baqi to pray for them.' "

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that Amra bint Abd ar-Rahman told him that she had heard A'isha, the umm al-muminin, say (when it was mentioned to her that Abdullah ibn Umar used to say, "The dead are tormented by the weeping of the living"), "May Allah forgive Abu Abd ar-Rahman. Of course he has not lied, but he has forgotten, or made a mistake. The Messenger of Allah, may Allah bless him and grant him peace, passed by a jewish woman whose family were crying over her and he said, 'You are crying over her, and she is being tormented in her grave. ' "

Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.' "

Yahya related to me from Malik from Yahya ibn Said from Abu Salama ibn Abd ar-Rahman that he heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, "I used to have to make up days from Ramadan and not be able to do them until Shaban came."

Malik related to me from Abdullah ibn Dinar saying, "Abdullah ibn Umar and I were at the house of Khalid ibn Uqba who was away at the market. A man came who wanted to speak to Abdullah ibn Umar and I was the only other person present Abdullah ibn Umar called another man so that we were four and said to me and the man whom he had called, 'Go a little way off together, because I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Two do not converse secretly to the exclusion of another.' "'

Yahya related to me from Malik from Amr ibn Yahya al-Mazini that his father said that he had heard Abu Said al-Khudri say that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no zakat on less than five camels, there is no zakat on less than five awaq (two hundred dirhams of pure silver) and there is no zakat on less than five awsuq (three hundred sa)."

Ziyad related to me from Malik from Ibn Shihab from Amra bint Abd ar-Rahman from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf, and when he went off to the place where he wanted to do itikaf he found some tents there, which were A'isha's tent, Hafsa's tent, and Zaynab's tent. When he saw them he asked about them and someone told him that they were the tents of A'isha, Hafsa and Zaynab. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you think them devout?" Then he left, and did not do itikaf until Shawwal, when he then did it for ten days.

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that A'isha umm al-muminin told him that Aflah, the brother of Abu'l-Quays came and asked permission to visit her after the veil had been lowered, and he was her paternal uncle by suckling. She said, "I refusedto give him permission to enter. When the Messenger of Allah, may Allah bless him and grant him peace, came, I told him about what I had done, and he ordered me to give him permission to enter."

Yahya related to me from Malik from Talha ibn Abi al-Malik al- Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey Allah, let him not disobey Him."

Yahya said that he had heard Malik say, "The meaning of the statement of the Prophet, may Allah bless him and grant him peace, 'Whoever vows to disobey Allah, let him not disobey Him' is that for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, or any other such things which are not considered as ibada, is not under any obligation by any of that, even if he did speak to the man or did break whatever it was he swore, because Allah does not demand obedience in such things. He should only fulfill those things in which there is obedience to Allah."

22.5 Rashness in Oaths

Yahya related to me from Malik that Muhammad ibn Abd ar-Rahman ibn Nawfal said, ''Urwa ibn az-Zubayr informed me from A'isha umm al- muminin that Judama bint Wahb al-Asadiyya informed her that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I intended to prohibit ghila but I remembered that the Greeks and Persians do that without it causing any injury to their children.' "

Malik explained, "Ghila is that a man has intercourse with his wife while she is suckling."

Yahya related to me from Malik, from Nafi, from Nubayh ibn Wahb, who was from the tribe of Bani Abd ad-Dar, that Umar ibn Ubaydullah sent a message to Aban ibn Uthman (who was amir of the hajj at the time), while both of them were in ihram, saying, "I want to marry Bint Shayba ibn Jubayr to Talha ibn Umar and I want you to be present." Aban told him that he should not do that and said, "I heard Uthman ibn Affan say that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A man in ihram should not marry, or give in marriage, or get betrothed.' "

Yahya related to me from Zayd ibn Aslam that his father said that he had heard Umar ibn al-Khattab say, "I once gave a noble horse to carry somebody in the way of Allah, and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, 'Do not buy it, even if he gives it to you for one dirham, for someone who takes back his sadaqa is like a dog swallowing its own vomit.' "

Malik related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Said al-Khudri that some people of the Ansar asked the Messenger of Allah, may Allah bless him and grant him peace, and he gave to them. Then they asked him again, and he gave to them until he used up what he had. Then he said, "What wealth I have, I will not hoard from you. Whoever has forbearance, Allah will help him. Whoever tries to be independent, Allah will enrich him. Whoever tries to be patient, Allah will give him patience, and no one is given a better or vaster gift than patience."

Yahya related to me from Malik from Abd arRahman ibn Abdullah ibn Abd ar-Rahman ibn Abu Sasaca al-Ansari, and later al-Mazini, that his father told him that Abu Said al-Khudri had said to him, "I see that you love sheep and the desert. When you are among your sheep or in your desert, call the prayer and raise your voice in the adhan, because I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No jinn or man or anything within range hears the voice of the muadhdhin except that it bears witness for him on the day of rising.' "

Once `Umar bin `Abdul `Aziz delayed the `Asr prayer a little. `Urwa said to him, "Gabriel descended and led the prayer in front of the Prophet " On that `Umar said, "O `Urwa! Be sure of what you say." "Urwa, "I heard Bashir bin Abi Masud narrating from Ibn Masud who heard Allah's Apostle saying, 'Gabriel descended and led me in prayer; and then prayed with him again, and then prayed with him again, and then prayed with him again, and then prayed with him again, counting with his fingers five prayers."

Yahya related to me from Malik from Ibn Shihab that A'isha, umm al-muminin and Sad ibn Abi Waqqas did not see any harm in a man drinking while standing.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to one of his governors, "It has been passed down to us that when the Messenger of Allah, may Allah bless him and grant him peace, sent out a raiding party, he would say to them, 'Make your raids in the name of Allah in the way of Allah. Fight whoever denies Allah. Do not steal from the booty, and do not act treacherously. Do not mutilate and do not kill children.' Say the same to your armies and raiding parties, Allah willing. Peace be upon you."

Yahya related to me from Malik from Abu Nuaym that Wahb ibn Kaysan said, "The Messenger of Allah, may Allah bless him and grant him peace, was brought food while his stepson Umar ibn Salama was with him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Say "Bismillah," and eat what is in front of you.' "