Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Abdullah that Abu Salamaibn Abdar-Rahman ibn Awf related that he had asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, what made ghusl obligatory. She said, "Do you know what you are like, Abu Salama? You are like a chick when it hears the cocks crowing and so crows with them. When the circumcised part passes the circumcised part, ghusl is obligatory."

Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn al-Harith ibn Hisham from Khallad ibn as-Sa'ib al-Ansari from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "Jibril came to me and told me to tell my companions, or whoever was with me, to raise their voices when doing talbiya."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Umar ibn al-Khattab turned people back at Sargh according to the hadith of Abd ar-Rahman ibn Awf.

`Umar bin Al-Khattab asked (the people) about the Imlas of a woman, i.e., a woman who has an abortion because of having been beaten on her `Abdomen, saying, "Who among you has heard anything about it from the Prophet?" I said, "I did.'' He said, "What is that?" I said, "I heard the Prophet saying, "Its Diya (blood money) is either a male or a female slave.' " `Umar said, "Do not leave till you present witness in support of your statement." So I went out, and found Muhammad bin Maslama. I brought him, and he bore witness with me that he had heard the Prophet saying, "Its Diya (blood money) is either a male slave or a female slave."

We faced a famine, and I had nothing from my property which I could feed my family ex except a few asses, and the Prophet (saws) forbade the flesh of domestic asses. So I came to the Prophet (saws) and said: Messenger of Allah (may peace be upon) , we are suffering from famine, and I have no property which I feed my family except some fat asses, and you have forbidden the flesh of domestic asses. He said: Feed your family on the fat asses of yours, for I forbade them on account of the animal which feeds on the filth of the town, that is, the animal which feeds on filth.

Abu Dawud said: This 'Abd al-Rahman is Ibn Ma'qil.

Abu Dawud said: Suh'bah transmitted this tradition from 'Ubaid Abi al-Hasan, from 'Abd al-Rahman bin Maq'il, from'Abd al-Rahman bin Bishr, from some people of Muzainah stating that Abjar, the chief of Muzainah, or Ibn Abjar asked the Prophet (saws).

Abu Dawud said: This is also transmitted by Waki' from al-A'mash from Salamah b. Kuhail from 'Abd al-Rahman b. Abza.

It is also transmitted through a different chain by Jarir from al-A'mash from Salamah from Sa'id b. 'Abd al-Rahman b. Abza from his father.

The Prophet (saws) said: He who begs (from people) when he is affluent will come on the Day of Resurrection with scrapes, scratchings, or lacerations on his face. He was asked: What constitutes affluence, Messenger of Allah? He replied:It is fifty dirhams or its value in gold.

The narrator Yahya said: Abdullah ibn Sufyan said to Sufyan: I remember that Shu'bah does not narrate from Hakim ibn Jubayr. Sufyan said: Zubayr transmitted to us this tradition from Muhammad ibn AbdurRahman ibn Yazid.

that Heraclius had sent for him to come along with a group of the Quraish who were trading in Sha'm, and they came to him. Then Abu Sufyan mentioned the whole narration and said, "Heraclius asked for the letter of Allah's Apostle . When the letter was read, its contents were as follows: 'In the name of Allah, the Beneficent, the Merciful. From Muhammad, Allah's slave and His Apostle to Heraclius, the Chief of Byzantines: Peace be upon him who follows the right path (guidance)! Amma ba'du (to proceed )...' (See Hadith No 6, Vol 1 for details)

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Abu Sa'id reported from Allah's Apostle (may peace be upon him) a hadlth like this, but in the chain of transmitters no mention was made of Abd al- Rahman b. Abu Sa'id.

Yahya related to me from Malik from Ibn Shihab that Humayd ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar on the day of Ashura in the year in which he made the hajj, "People of Madina, where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, say about this day, 'This is the day of Ashura, and fasting it has not been prescribed for you. I am fasting it, and whoever of you wants to fast it can do so, and whoever does not want to, does not have to.' "

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Ya'qub that he heard Abu's-Sa'ib, the mawla of Hisham ibn Zuhra, say he had heard Abu Hurayra say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Whoever prays a prayer without reciting the umm al-Qur'an in it, his prayer is aborted, it is aborted, it is aborted, incomplete.' So I said, 'Abu Hurayra, sometimes I am behind the imam.'Hepulled my forearm and said, 'Recite it to yourself, O Persian, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say that Allah the Blessed, the Exalted, said, "I have divided the prayer into two halves between me and my slave. One half of it is for Me and one half of it is for IVly slave, and My slave has what he asks." ' The Messenger of Allah, may Allah bless him and grant him peace, said, "Recite." The slave says, 'Praise be to AIIah, the Lord of theWorlds.' Allah the Blessed, the Exalted, says, 'My slave has praised Me.' The slave says, 'The Merciful, the Compassionate.' Allah says, 'My slave has spoken well of Me.' The slave says, 'Master of the Day of the Deen.' Allah says, 'My slave has glorified Me.' The slave says, 'You alone we worship and You alone we askforhelp.'Allahsays,'This ayat is between Me and My slave, and for My slave is what he asks. 'The slave says, 'Guide us in the straight Path, the Path of those whom You have blessed, not of those with whom You are angry, nor those who are in error. ' Allah says, 'These are for My slaves, and for my slave is what he asks . ' " ' "

Yahya related to me from Malik from Ismail ibn Muhammad ibn Said ibn Abi Waqqas from a mawla of Amr ibn al-As or of Abdullah ibn Amr ibn al-As that the Messenger of Allah, may Allah bless him and grant him peace, said, "The prayer of one of you sitting down is only equal to half the prayer of one of you when he is standing."

Yahya related to me from Malik from Ibn Shihab that Said al-Musayyab and Abu Bakr ibn Abd ar-Rahman said about a man who made a vow to abstain from intercourse with his wife, "If four months pass it is a divorce. The husband can go back to his wife as long as she is in her idda."

Abu Hurayra continued, "Then I met Abdullah ibn Salam and I told him that I had sat with Kabal-Ahbar, and I mentioned what I had related to him about the day of jumua, and told him that Kab had said, 'That is one day in every year.' Abdullah ibn Salam said, 'Kab lied,' and I added, 'Kab then recited the Tawrah and said, "No, it is in every jumua.'' ' Abdullah ibn Salam said, 'Kab spoke the truth. 'Then Abdullah ibn Salam said, 'I know what time that is.' "

Abu Hurayra continued, "I said to him, 'Let me know it - don't keep it from me.' Abdullah ibn Salam said, 'It is the last period of time in the dayof jumua.' "

Abu Hurayra continued, "I said, 'How can it be the last period of time in the day of jumua, when the Messenger of Allah, may Allah bless him and grant him peace, said, "a muslim slave standing in prayer", and that is a time when there is no prayer?' Abdullah ibn Salam replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "Whoever sits waiting for the prayer is in prayer until he prays?" "'

Abu Hurayra added, "I said, 'Of course.' He said, 'Then it is that.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth."

Amra continued, "The slave took it and unstitched it and took out the cloak. In its place, he put some felt or skin and sewed it up again. When the mawla girls came to Madina, they gave it to his people. When they opened it, they found felt in it and did not find the cloak. They spoke to the two women and they spoke to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, or they wrote to her and suspected the slave. The slave was asked about it and confessed. A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave the order and his hand was cut off. A'isha said, 'A thief's hand is cut off for a quarter of a dinar and upwards.' "

Malik said, "The limit I prefer above which cutting off the hand is obliged is three dirhams, whether the exchange is high or low. That is because the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose value was three dirhams, and Uthman ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter."

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Yaqub that Abu Said, the mawla of Amir ibn Kuraz told him that the Messenger of Allah, may Allah bless him and grant him peace, called toUbayy ibn Kab while he was praying. When Ubayy had finished his prayer he joined the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah put his hand upon his hand, and he was intending to leave by the door of the mosque, so the Messenger of Allah, may Allah bless him and grant him peace, said, "I hope that you will not leave the mosque until you know a sura whose like Allah has notsentdown in the Tawrah nor in the Injil nor in the Qur'an." Ubayysaid, "I began to slow down my pace in the hope of that. Then I said, 'Messenger of Allah, the sura you promised me!' He said, 'What do you recite when you begin the prayer?' I recited the Fatiha (Sura 1 ) until I came to the end of it, and the Messengerof Allah, may Allah bless him and grant him peace, said, 'It is this sura, and it is the "seven oft-repeated" and the Great Qur'an which I was given.' "

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to pray four rakas before he went to the place of prayer.

'Umar consulted the companions about the case of a woman's abortion (caused by somebody else). Al-Mughira said: The Prophet gave the verdict that a male or female slave should be given (as a Diya). Then Muhammad bin Maslama testified that he had witnessed the Prophet giving such a verdict.

The Messenger of Allah (saws) used to say at the end of his witr: "O Allah, I seek refuge in Thy good pleasure from Thy anger, and in Thy forgiveness from Thy punishment, and I seek refuge in Thy mercy from Thy wrath. I cannot reckon the praise due to Thee. Thou art as Thou hast praised Thyself."

Abu Dawud said: Hisham is the earliest teacher of Hammad. Yahya b. Ma'in said: No one is reported to have narrated traditions form him except Hammad b. Salamah.

Abu Dawud said: Ubayy b. Ka'b said: The Messenger of Allah (saws) recited supplication in the witr before bowing.

Abu Dawud said: This tradition has also been narrated by 'Isa b. Yunus through a different chain of narrators from Ubayy b. Ka'b. He also narrated it through a different chain of narrators on the authority of Ubayy b. Ka'b that the Messenger of Allah (saw) recited the supplication in the witr before bowing.

Abu Dawud said: The chain of narrators of the tradition of Sa'id from Qatadah goes: Yazid b. Zurai' narrated from Sa'id, from Qatadah, from 'Azrah, from Sa'id b. 'Abd al-Rahman b. Abza, on the authority of his father, from the Prophet (saws). This version does not mention the supplication and the name of Ubayy. This tradition has also been narrated by 'Abd al-A'la and Muhammad b. Bishr al-'Abdi. He heard the traditions from 'Isa b. Yunus at Kufah. They did not mention the supplication in their version.

This tradition has also been narrated by Hisham al-Dastuwa'i and Shu'bah from Qatadah. They did not mention the supplication in their version. The tradition of Zubaid has been narrated by Sulaiman al-A'mash, Shu'bah, 'Abd al-Malik b. Abi Sulaiman, and Jarir b. Hazim; all of them narrated on the authority of Zubaid. None of them mention the supplication in his version, except in the tradition transmitted by Hafs b. Ghiyath from Mis'ar from Zubaid; he narrated in his version that he (the Prophet) recited supplication before bowing.

Abu Dawud said: This version of tradition is not well know. There is doubt that Hafs might have narrated this tradition from some other narrator than Mis'ar.

Abu Dawud said: It is reported that Ubayy (b. Ka'b) used to recited the supplication )in the witr) in the second half of Ramadan.

Yahya related to me from Malik from Thabit ibn al-Ahnaf that he married an umm walad of Abd ar-Rahman ibn Zayd ibn al-Khattab. He said, "Abdullah ibn Abd ar-Rahman ibn Zayd ibn al-Khattab summoned me and I went to him. I came in upon him and there were whips and two iron fetters placed there, and two of his slaves whom he had made to sit there. He said, 'Divorce her, or by He by whom one swears, I will do such-and-such to you!' I said, 'It is divorce a thousand times.' Then I left him and I saw Abdullah ibn Umar on the road to Makka and I told him about my situation. Abdullah ibn Umar was furious, and said, 'That is not divorce, and she is not haram for you, so return to your home.' I was still not at ease so I went to Abdullah ibn az-Zubayr who was the Amir of Makka at that time. I told him about my situation and what Abdullah ibn Umar had said to me. Abdullah ibn az-Zubayr said to me, 'She is not haram for you, so return to your home,' and he wrote to Jabir ibn al-Aswad az-Zuhra who was the Amir of Madina and ordered him to punish Abdullah ibn Abdar-Rahman and to have him leave me and my family alone. I went to Madina, and Safiyya, the wife of Abdullah ibn Umar fitted out my wife so that she could bring her to my house with the knowledge of Abdullah ibn Umar. Then I invited Abdullah ibn Umar on the day of my wedding to the wedding feast and he came."

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

He (the narrator Yahya) said: Abu Salamah bin 'Abd al-Rahman narrated to me this tradition on the authority of Abu Qatadah from the Prophet (saws)

Malik related to me from al-Ala ibn Abd ar-Rahman from his father from his father that Uthman ibn Affan gave him some money as qirad to use provided the profit was shared between them.

We fought along with AbdurRahman ibn Khalid ibn al-Walid. Four infidels from the enemy were brought to him. He commanded about them and they were killed in confinement.

Abu Dawud said: The narrators other than Sa'id reported from Ibn Wahb in this tradition: "(killed him) with arrows in confinement." When Abu Ayyub al-Ansari was informed about it, he said: I heard the Messenger of Allah (saws) prohibiting to kill in confinement. By Him in Whose hands my soul is, if there were a hen, I would not kill it in confinement. 'Abd al-Rahman b. Khalid b. al-Walid was informed about it (the Prophet's prohibition). He set four slaves free.

Yahya related to me from Malik from Abd ar-Rahman ibn Harmala al- Aslami from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, "People will remain in good as long as they are quick to break the fast."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman that Umar ibn al-Khattab and Uthman ibn Affan would pray maghrib when they saw the night darkening, before they broke their fast, and that was during Ramadan.

Yahya related to me from Malik, from Abd ar-Rahman ibn al-Qasim, from his father, from A'isha, umm al-muminin, that the Messenger of Allah, may Allah bless him and grant him peace, did hajj on its own.

A man came to the Prophet (saws), another man got up from his place for him, and when he went to sit in it, the Prophet (saws) forbade him.

Abu Dawud said: The name of Abu al-Khusaib is Ziyad b. 'Abd al-Rahman.

Yahya related to me from Malik from Ibn Shihab that Humayd ibn Abd ar-Rahman ibn Awf had told him that Surat al-Ikhlas (Sura 112) was equal to a third of the Qur'an, and that Surat al-Mulk (Sura 67) pleaded for its owner.

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from Abu Salama ibn Abd ar-Rahman ibn Awf that he asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, what the prayer of the Messenger of Allah, may Allah bless him and grant him peace, was like during Ramadan. She said, "The Messenger of Allah, may Allah bless him and grant him peace, did not go above eleven rakas in Ramadan or at any other time. He prayed four - do not ask me about their beauty or length. Then he prayed another four - do not ask me about their beauty and length. Then he prayed three."

A'isha continued, "I said, 'Messenger of Allah, are you sleeping before you do the witr?' He said, A'isha, my eyes sleep but my heart does not sleep.' "

Salih bin Muhammad said “We went out on an expedition with Al Walid bin Hisham and Salim bin ‘Abd Allaah bin ‘Umat and ‘Umar bin ‘Abd Al Aziz were with us. A man had been dishonest about booty. Al Walid ordered to burn his property and it was circulated (among the people). He did not give him his share.

Abu Dawud said “This is sounder of the two traditions. Others narrated that Al Walid bin Hashim burnt the Camel saddle of Ziyad bin Sa’d “He had been dishonest about booty and he beat him.”

On the authority of his father: Umm Mubashshir said to the Prophet (saws) during the sickness of which he died: What do you think about your illness, Messenger of Allah (saws)? I do not think about the illness of my son except the poisoned sheep of which he had eaten with you at Khaybar. The Prophet (saws) said: And I do not think about my illness except that. This is the time when it cut off my aorta.

Abu Dawud said: Sometime 'Abd al-Razzaq transmitted this tradition, omitting the link of the Companion, from Ma'mar, from al-Zuhri, from the Prophet (saws), and sometimes he transmitted it from al-Zuhri from 'Abd al-Rahman b. Ka'b b. Malik, 'Abd al-Rahman mentioned that Ma'mar sometimes transmitted the tradition in a mursal form (omitting the link of the Companion), and they recorded it. And all this is correct with us. 'Abd al-Razzaq said: When Ibn al-Mubarak came to Ma'mar, he transmitted the traditions in a musnad form (with a perfect chain) which he transmitted as mauquf traditions (statements of the Companions and not of the Prophet).

Yahya related to me from Malik from al-Miswar ibn Rifaa al- Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibn Simwal divorced his wife, Tamima bint Wahb, in the time of the Messenger of Allah, may Allah bless him and grant him peace, three times. Then she married Abd ar-Rahman ibn az-Zubayr and he turned from her and could not consummate the marriage and so he parted from her. Rifaa wanted to marry her again and it was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he forbade him to marry her. He said, "She is not halal for you until she has tasted the sweetness of intercourse."

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 from Abd ar-Rahman ibn al-Mujabbar that he used to see Salim ibn Abdullah pull the cloth away fiercely from the mouth of any man he saw covering his mouth while praying.

Yahya related to me from Malik from Abd ar-Rahman ibn Harmala al- Aslami from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, "What separates us from the hypocrites is being present at isha and subh. They cannot do it," or words to that effect.

Yahya related to me from Malik from Ibn Shihab from Abu Abd ar- Rahman that Zayd ibn Thabit said that if a man divorced his slave-girl three times and then bought her, she was not halal for him until she had married another husband.

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Umar, and said, "Abu Abd ar-Rahman! I placed the command of my wife in her hand, and she divorced herself, what do you think?" Abdullah ibn Umar said, "I think that it is as she said." The man said, "Don't do it, Abu Abd ar-Rahman!" Ibn Umar said, "You did it, it has nothing to do with me."

The Messenger of Allah (saws) said something similar as mentioned in the preceding tradition. This version adds: But the poor man (miskin) who abstains from begging from the people is one (according to the version of Musaddad who does not get enough so that he may not beg from the people, nor is his need known to the people, so that alms be given to him. This is the one who has been deprived. Musaddad did not mention the words "one who avoids begging from the people."

Abu Dawud said: This tradition has been transmitted by Muhammad bin Thawr and 'Abd al-Razzaq on the authority of Ma'mar. They mentioned that the word "deprived" is the statement of al-Zuhri, and this is more sound.