'Imran b. Husain reported that a person who had no other property emancipated six slaves of his at the time of his death. Allah's Messenger (may peace be upon him) called for them and divided them into three sections, cast lots amongst them, and set two free and kept four in slavery; and he (the Holy Prophet) spoke severely of him.

I came riding a donkey. Another version has: Ibn Abbas said: When I was near the age of the puberty I came riding a she-ass and found the Messenger of Allah (saws) leading the people in prayer at Mina. I passed in front of a part of the row (of worshippers), and dismounting left my she-ass for grazing in the pasture, and I joined the row, and no one objected to that.

Abu Dawud said: These are the words of al-Qa'nabi, and are complete. Malik said: I take it as permissible at the time when the iqamah for prayer is pronounced.

Ibn 'Abbas narrated from al-Fadl b. Abbas (Allah be pleased with them) who sat behind Allah's Messenger (may peace be upon him) that he (the Holy Prophet) said to the people on the evening of 'Arafa and on the morning to the gathering of people (at Muzdalifa) as they were pushing on to proceed slowly. And he himself drove his she-camel with restraint until he entered Muhassir (it is a place in Mina), and further told them to take up pebbles which were to be thrown at Jamra. And Allah's Messenger (may peace be upon him) continued pronouncing Talbiya till he stoned the Jamra.

The Prophet (p.b.u.h) offered four rak`at of Zuhr prayer at Medina and two rak`at of `Asr prayer at Dhul-Hulaifa. Narrated Aiyub: "A man said: Anas said, "Then he (the Prophet passed the night there till dawn and then he offered the morning (Fajr) prayer, and mounted his Mount and when it arrived at Al-Baida' he assumed Ihram for both `Umra and Hajj."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."

Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."

(freed slave of) Ziyad: I heard Abu Sa`id Al-khudri narrating four things from the Prophet and I appreciated them very much. He said, conveying the words of the Prophet. (1) "A woman should not go on a two day journey except with her husband or a Dhi-Mahram. (2) No fasting is permissible on two days: `Id-ul-Fitr and `Id-ul-Adha. (3) No prayer after two prayers, i.e. after the Fajr prayer till the sunrises and after the `Asr prayer till the sun sets. (4) Do not prepare yourself for a journey except to three Mosques, i.e. Al-Masjid-AI-Haram, the Mosque of Aqsa (Jerusalem) and my Mosque."

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf telling him not to disagree with Abdullah ibn Umar about anything to do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar went to him just after noon, and I went with him. He called out to him outside his tent, 'Where is this man?' and a-lHajjaj came out to him, wearing a blanket dyed with safflower, and said to him, 'What's up with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.' Al-Hajjaj said, 'Wait until I have poured some water over myself, and then I will come out.' So Abdullah dismounted and waited until al- Hajjaj came out. He passed between me and my father and I said to him, 'If you want to accord with the sunna today, then make the khutba short, do not delay the prayer and do the prayer quickly.' Then he began looking at Abdullah ibn Umar to see if he would say the same thing, and when Abdullah saw that, he said, 'What Salim is saying is true.' "

20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and the Jumua at Mina and Arafa

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that A'isha umm al-muminin used to say, "Someone performing hajj at-tamattu who does not have a sacrificial animal fasts (three days) from the time he enters ihram for the hajj till the Day of Arafa, and if he does not fast then, he fasts the days of Mina."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar used to say the same concerning that, as the words of A'isha, may Allah the Exalted be pleased with her.

Allah's Apostle stopped (for a while near the Jimar at Mina) during his last Hajj and the people started asking him questions. A man said, "Ignorantly I got my head shaved before slaughtering." The Prophet replied, "Slaughter (now) and there is no harm in it." Another man said, "Unknowingly I slaughtered the Hadi before doing the Rami." The Prophet said, "Do Rami now and there is no harm in it." So, on that day, when the Prophet was asked about anything (about the ceremonies of Hajj) done before or after (its stated time) his reply was, "Do it (now) and there is no harm."

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."

When Abu Bakr; sent me to (collect the Zakat from) Bahrain, he wrote to me the following:-- (In the name of Allah, the Beneficent, the Merciful). These are the orders for compulsory charity (Zakat) which Allah's Apostle had made obligatory for every Muslim, and which Allah had ordered His Apostle to observe: Whoever amongst the Muslims is asked to pay Zakat accordingly, he should pay it (to the Zakat collector) and whoever is asked more than that (what is specified in this script) he should not pay it; for twenty-four camels or less, sheep are to be paid as Zakat; for every five camels one sheep is to be paid, and if there are between twenty-five to thirty-five camels, one Bint Makhad is to be paid; and if they are between thirty-six to forty-five (camels), one Bint Labun is to be paid; and if they are between forty-six to sixty (camels), one Hiqqa is to be paid; and if the number is between sixty-one to seventy-five (camels), one Jadha is to be paid; and if the number is between seventy-six to ninety (camels), two Bint Labuns are to be paid; and if they are from ninety-one to one-hundredand twenty (camels), two Hiqqas are to be paid; and if they are over one-hundred and-twenty (camels), for every forty (over one-hundred-and-twenty) one Bint Labun is to be paid, and for every fifty camels (over one-hundred-and-twenty) one Hiqqa is to be paid; and who ever has got only four camels, has to pay nothing as Zakat, but if the owner of these four camels wants to give something, he can. If the number of camels increases to five, the owner has to pay one sheep as Zakat. As regards the Zakat for the (flock) of sheep; if they are between forty and one-hundred-and-twenty sheep, one sheep is to be paid; and if they are between one-hundred-and-twenty to two hundred (sheep), two sheep are to be paid; and if they are between two-hundred to three-hundred (sheep), three sheep are to be paid; and for over three-hundred sheep, for every extra hundred sheep, one sheep is to be paid as Zakat. And if somebody has got less than forty sheep, no Zakat is required, but if he wants to give, he can. For silver the Zakat is one-fortieth of the lot (i.e. 2.5%), and if its value is less than two-hundred Dirhams, Zakat is not required, but if the owner wants to pay he can.'

Abu Sa`id who participated in twelve Ghazawat with the Prophet said, "I heard four things from Allah's Apostle (or I narrate them from the Prophet ) which won my admiration and appreciation. They are: -1. "No lady should travel without her husband or without a Dhu-Mahram for a two-days' journey. -2. No fasting is permissible on two days of `Id-ul-Fitr, and `Id-al-Adha. -3. No prayer (may be offered) after two prayers: after the `Asr prayer till the sun set and after the morning prayer till the sun rises. -4. Not to travel (for visiting) except for three mosques: Masjid-al-Haram (in Mecca), my Mosque (in Medina), and Masjid-al-Aqsa (in Jerusalem).

Yahya related to me from Malik from Afif ibn Amr as-Sahmi that Ata ibn Yasar said, "I asked Abdullah ibn Amr ibn al-As and Kab al Ahbar about someone who was uncertain in his prayer, and did not know whether he had prayed three or four rakas. Both of them said, 'He should pray another raka and then do two sajdas from the sitting position.' "

Abu Huraira reported Allah's Apostle (may peace be upon him) as saying, The people will be assembled in three categories. Those desirous (of Paradise), fearing (Hell), coming two upon the came], three upon the camel, four upon the camel, ten upon the camel and the rest will be assembled, Hell-Fire being with them when they are at midday where they would spend the night and where they would spend the morning and where they would spend the evening.

Abu Dawud said: This tradition has been narrated by 'Abd al-Wahid from Khusaif, but he did not report it as a statement of the Prophet (saws). The version of 'Abd al-Wahid has been corroborated by Sufyan, Sharik, and Isra'il. They differed amongst themselves about the text of the tradition and they did not narrate it with the continuous chain up to the Prophet (saws).

The Prophet offered four rak`at of Zuhr prayer at Medina; and two rak`at of `Asr prayer at Dhil- Hulaifa and spent the night there and when (the day) dawned, he mounted his Mount and started saying, "None has the right to be worshipped but Allah, and Glorified be Allah." When he reached Al- Baida' he recited Talbiya for both Hajj and `Umra. And when he arrived at Mecca, he ordered them (his companions) to finish their Ihram. The Prophet slaughtered seven Budn (camel) with his own hands while the camels were standing He also sacrificed two horned rams (black and white in color) at Medina.

The Prophet (saws) said: on the day of the conquest of Mecca: There are four persons whom I shall not give protection in the sacred and non-sacred territory. He then named them. There were two singing girls of al-Maqis; one of them was killed and the other escaped and embraced Islam.

Abu Dawud said: I could not understand its chain of narrators from Ibn al-'Ala' as I liked.

Yahya related to me from Malik from Yahya ibn Said that he had heard that on the day after the day of sacrifice Umar ibn al-Khattab went out a little after the sun had risen and said the takbir, and everyone repeated it after him. Then he went out a second time the same day when the sun was well up and said the takbir, and everyone repeated it after him. Then he went out a third time after mid-day and said the takbir, and everyone repeated it after him until it resounded from group to group until it reached the House and people knew that Umar had left to throw the stones.

Malik said, "What we do here (in Madina) is to say the takbir during the days of tashriq after each prayer. The first time is when the imam and everyone with him says the takbir after the dhuhr prayer on the day of sacrifice, and the last is when the imam and everyone with him says the takbir after subh on the last of the days of tashriq, after which he stops saying the takbir."

Malik said, "The takbirs during the days of tashriq should be done by both men and women, whether they are in a group or by themselves, at Mina or elsewhere, and all of the takbirs should be done. In this everyone follows the imam of the hajj and the people at Mina, because when everyone returns (to Makka) and comes out of ihram they keep the same people as imams while out of ihram (as they did when they were in ihram). Some one who is not doing hajj does not follow them except for the takbirs during the days of tashriq."

Malik said, "The 'limited number of days' are the days of tashriq."

I was with Ibn `Umar when a spear head pierced the sole of his foot and his foot stuck to the paddle of the saddle and I got down and pulled his foot out, and that happened in Mina. Al-Hajjaj got the news and came to inquire about his health and said, "Alas! If we could only know the man who wounded you!" Ibn `Umar said, "You are the one who wounded me." Al-Hajjaj said, "How is that?" Ibn `Umar said, "You have allowed the arms to be carried on a day on which nobody used to carry them and you allowed arms to be carried in the Haram even though it was not allowed before."

Once I passed the night in the house of my aunt Maimuna. Allah's Apostle offered the `Isha' prayer and then came to the house and offered four rak`at an slept. Later on, he woke up and stood for the prayer and I stood on his left side. He drew me to his right and prayed five rak`at and then two. He then slept till I heard him snoring (or heard his breath sounds). Afterwards he went out for the morning prayer.

The Prophet (saws) said: The best number of companions is four, the best number in expeditions four hundred, and the best number in armies four thousand; and twelve thousand will not be overcome through smallness of numbers.

Abu Dawud said: What is correct is that this tradition is mursal (i.e. the link of the Companion is missing).

that the Prophet entered upon her when she had her menses at Sarif before entering Mecca, and she was weeping (because she was afraid that she would not be able to perform the Hajj). The Prophet said, "What is wrong with you? Have you got your period?" She said, "Yes." He said, "This is a matter Allah has decreed for all the daughters of Adam, so perform all the ceremonies of Hajj like the others, but do not perform the Tawaf around the Ka`ba." `Aisha added: When we were at Mina, beef was brought to me and I asked, "What is this?" They (the people) said, "Allah's Apostle has slaughtered some cows as sacrifices on behalf of his wives."

Yahya related to me from Malik that he had heard the people of knowledge say, "Women do not have to raise their voices when they are doing talbiya, and a woman should only speak loudly enough to hear herself."

Malik said, "Some one who is in ihram should not raise his voice when doing talbiya if he is in a mosque where there are groups of people. He should only speak loudly enough for himself and those who are near him to be able to hear, except in the Masjid alHaram and the mosque at Mina, where he should raise his voice."

Malik said, "I have heard some of the people of knowledge recommending (people to do) talbiya at the end of every prayer and at every rise on the route."

Allah's Apostle stopped (for a while near the Jimar) at Mina during his last Hajj for the people and they were asking him questions. A man came and said, "I forgot and got my head shaved before slaughtering the Hadi (sacrificing animal)." The Prophet said, "There is no harm, go and do the slaughtering now." Then another person came and said, "I forgot and slaughtered (the camel) before Rami (throwing of the pebbles) at the Jamra." The Prophet said, "Do the Rami now and there is no harm." The narrator added: So on that day, when the Prophet was asked about anything (as regards the ceremonies of Hajj) performed before or after its due time, his reply was: "Do it (now) and there is no harm."

Mujja'ah went to the Prophet (saws) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed.

The Prophet (saws) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (saws) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam.

He then asked AbuBakr for them later on, and brought to him the document of the Prophet (saws). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates.

The text of the document written by the Prophet (saws) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab demanded of the people at Mina, "If anyone has knowledge of blood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, "The Messenger of Allah, may Allah bless him and grant him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited from the blood-money of her husband." Umar ibn al-Khattab said to him, "Go into the tent until I come to you." When Umar ibn al-Khattab came in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a decision based on that.

Ibn Shihab said, "The killing of Ashyam was accidental."

While I was with `Abdullah, `Uthman met him at Mina and said, "O Abu `Abdur-Rahman ! I have something to say to you." So both of them went aside and `Uthman said, "O Abu `Abdur-Rah. man! Shall we marry you to a virgin who will make you remember your past days?" When `Abdullah felt that he was not in need of that, he beckoned me (to join him) saying, "O 'Alqama!" Then I heard him saying (in reply to `Uthman), "As you have said that, (I tell you that) the Prophet once said to us, 'O young people! Whoever among you is able to marry, should marry, and whoever is not able to marry, is recommended to fast, as fasting diminishes his sexual power.

The Prophet said at Mina, "Do you know what day is today?" They (the people) replied, "Allah and His Apostle know better," He said "Today is 10th of Dhul-Hijja, the sacred (forbidden) day. Do you know what town is this town?" They (the people) replied, "Allah and His Apostle know better." He said, "This is the (forbidden) Sacred town (Mecca a sanctuary)." And do you know which month is this month?" They (the People) replied, "Allah and His Apostle know better." He said, ''This is the Sacred (forbidden) month ." He added, "Allah has made your blood, your properties and your honor Sacred to one another (i.e. Muslims) like the sanctity of this day of yours in this month of yours, in this town of yours." (See Hadith No. 797, Vol. 2.)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pray dhuhr, asr, maghrib, isha and subh at Mina. Then in the morning, after the sun had risen, he would go to Arafa .

Malik said, "What we are all agreed upon here (in Madina) is that the imam does not recite the Qur'an out loud in dhuhr on the day of Arafa, and that he gives a khutba to the people on that day, and that the prayer on the day of Arafa is really a dhuhr prayer, and even if it coincides with a jumua it is still a dhuhr prayer, but one which has been shortened because of travelling."

Malik said that the imam of the pilgrims should not pray the jumua prayer if the day of Arafa, the day of sacrifice or one of the three days after the day of sacrifice, was a Friday.

This hadith has been reported on the authority of Shu'ba and there is no mention but of the fact about giving the name to the servant and there is no mention of the four expressions (of remembrance) and he did not mention the four words

(who fought in twelve Ghazawat in the company of the Prophet). I heard four things from the Prophet and they won my admiration. He said; -1. "No lady should travel on a journey of two days except with her husband or a Dhi-Mahram; -2. "No fasting is permissible on the two days of Id-ul-Fitr and `Id-ul-Adha; -3. "No prayer (may be offered) after the morning compulsory prayer until the sun rises; and no prayer after the `Asr prayer till the sun sets; -4. "One should travel only for visiting three Masjid (Mosques): Masjid-al-Haram (Mecca), Masjid-al- Aqsa (Jerusalem), and this (my) Mosque (at Medina).

The Prophet (saws) offered the noon prayer in time of danger. Some of the people formed a row behind him and others arrayed themselves against the enemy. He led them in two rak'ahs and then he uttered the salutation. Then those who were with him went away and took the position of their companions before the enemy. Then they came and prayed behind him. He led them in two rak'ahs and uttered the salutation. Thus the Messenger of Allah (saws) offered four rak'ahs and his companions offered two rak'ahs.

Al-Hasan used to give legal verdict on the authority of this tradition.

Abu Dawud said: This will be so in the sunset prayer. The imam will offer six rak'ahs and the people three rak'ahs.

Abu Dawud said: Yahya b. Abi Kathir narrated from Abu Salamah from Jabir from the Prophet (saws) something similar. Sulaiman al-Yashkuri reported it from the Prophet (saws) in like manner.