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

I remember Allah's Apostle and also the mouthful of water which he took from a bucket in our house and ejected (on me). I heard from `Itban bin Malik Al-Ansari, who was one from Bani Salim, saying, "I used to lead my tribe of Bani Salim in prayer. Once I went to the Prophet and said to him, 'I have weak eyesight and at times the rainwater flood intervenes between me and the mosque of my tribe and I wish that you would come to my house and pray at some place so that I could take that place as a place for praying (mosque). He said, "Allah willing, I shall do that." Next day Allah's Apostle along with Abu Bakr, came to my house after the sun had risen high and he asked permission to enter. I gave him permission, but he didn't sit till he said to me, "Where do you want me to pray in your house?" I pointed to a place in the house where I wanted him to pray. So he stood up for the prayer and we aligned behind him. He completed the prayer with Taslim and we did the same simultaneously."

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

(the wife of the Prophet) A lady from Bani Aslam, called Subai'a, become a widow while she was pregnant. Abu As-Sanabil bin Ba'kak demanded her hand in marriage, but she refused to marry him and said, "By Allah, I cannot marry him unless I have completed one of the two prescribed periods." About ten days later (after having delivered her child), she went to the Prophet and he said (to her), "You can marry now."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Humayda bint Abi Ubayda ibn Farwa that her maternal aunt Kabsha bint Kab ibn Malik, who was the wife of the son of Abu Qatada al-Ansari, told her that once Abu Qatada was visiting her and she poured out some water for him to do wudu with. Just then a cat came to drink from it, so he tilted the vessel towards it to let it drink. Kabsha continued, "He saw me looking at him and said, 'Are you surprised, daughter of my brother?' I said, 'Yes.' He replied that the Messenger of Allah, may Allah bless him and grant him peace, said, cats are not impure. They intermingle with you .' "

Yahya said that Malik said, "There is no harm in that unless one sees impurities on the cat's mouth."

(the wife of the Prophet) that she asked Allah's Apostle about plague, and Allah's Apostle informed her saying, "Plague was a punishment which Allah used to send on whom He wished, but Allah made it a blessing for the believers. None (among the believers) remains patient in a land in which plague has broken out and considers that nothing will befall him except what Allah has ordained for him, but that Allah will grant him a reward similar to that of a martyr."

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

I asked `Uthman bin `Affan about a man who engaged in the sexual intercourse with his wife but did not discharge. `Uthman replied, "He should perform ablution like that for the prayer after washing his private parts." `Uthman added, "I heard that from Allah's Apostle." I asked `Ali bin Abi Talib, Az- Zubair bin Al-`Awwam, Talha bin 'Ubaidullah and Ubai bin Ka`b and they gave the same reply. (Abu Aiyub said that he had heard that from Allah's Apostle ) (This order was canceled later on so one has to take a bath. See, Hadith No. 180).

Ibn `Abbas addressed us on a (rainy and) muddy day and when the Mu'adh-dhin said, "Come for the prayer" Ibn `Abbas ordered him to say, "Pray in your homes." The people began to look at one another with surprise as if they did not like it. Ibn `Abbas said, "It seems that you thought ill of it but no doubt it was done by one who was better than I (i.e. the Prophet). It (the prayer) is a strict order and I disliked to bring you out." Ibn `Abbas narrated the same as above but he said, "I did not like you to make you sinful (in refraining from coming to the mosque) and to come (to the mosque) covered with mud up to the knees."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar from Abdullah as-Sanabihi that the Messenger of Allah, may Allah bless him and grant him peace, said, "A trusting slave does wudu and as he rinses his mouth the wrong actions leave it. As he cleans his nose the wrong actions leave it. As he washes his face, the wrong actions leave it, even from underneath his eyelashes. As he washes his hands the wrong actions leave them, even from underneath his fingernails. As he wipes his head the wrong actions leave it, even from his ears. And as he washes his feet the wrong actions leave them, even from underneath the toenails of both his feet." He added, "Then his walking to the mosque and his prayer are an extra reward for him."

Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sa`d, the brother of Bani Sa`idi He said, "An Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah revealed concerning his affair what is mentioned in the Holy Qur'an about the affair of those involved in a case of Lian. The Prophet said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the mosque while I was present there. When they had finished, the man said, "O Allah's Apostle! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah's Apostle ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet ." Ibn Shihab added, "After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother's name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him." Ibn Shihab said that Sahl bin Sa`d As'Saidi said that the Prophet said (in the above narration), "If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then she delivered it in the shape one would dislike (as it proved her guilty).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to adorn his daughters and slave-girls with gold jewellery and he did not take any zakat from their jewellery.

Malik said, "Anyone who has unminted gold or silver, or gold and silver jewellery which is not used for wearing, must pay zakat on it every year. It is weighed and one-fortieth is taken, unless it falls short of twenty dinars of gold or two hundred dirhams of silver, in which case there is no zakat to pay. Zakat is paid only when jewellery is kept for purposes other than wearing. Bits of gold and silver or broken jewellery which the owner intends to mend to wear are in the same position as goods which are worn by their owner - no zakat has to be paid on them by the owner."

Malik said, "There is no zakat (to pay) on pearls, musk or amber."

Allah's Apostle said, "There will be afflictions (and at the time) the sitting person will be better than the standing one, and the standing one will be better than the walking, and the walking will be better than the running. And whoever will look towards those afflictions, they will overtake him, and whoever will find a refuge or a shelter, should take refuge in it." The same narration is reported by Abu Bakr, with the addition, "(The Prophet said), 'Among the prayers there is a prayer the missing of which will be to one like losing one's family and property."

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."

That they were with the Prophet on a journey. They travelled the whole night, and when dawn approached, they took a rest and sleep overwhelmed them till the sun rose high in the sky. The first to get up was Abu Bakr. Allah's Apostles used not to be awakened from his sleep, but he would wake up by himself. `Umar woke up and then Abu Bakr sat by the side of the Prophet's head and started saying: Allahu-Akbar raising his voice till the Prophet woke up, (and after traveling for a while) he dismounted and led us in the morning prayer. A man amongst the people failed to join us in the prayer. When the Prophet had finished the prayer, he asked (the man), "O so-and-so! What prevented you from offering the prayer with us?" He replied, "I am Junub," Alllah's Apostle ordered him to perform Tayammam with clean earth. The man then offered the prayer. Allah's Apostle ordered me and a few others to go ahead of him. We had become very thirsty. While we were on our way (looking for water), we came across a lady (riding an animal), hanging her legs between two water-skins. We asked her, "Where can we get water?" She replied, "Oh ! There is no water." We asked, "how far is your house from the water?" She replied, "A distance of a day and a night travel." We said, "Come on to Allah's Apostle, "She asked, "What is Allah's Apostle ?" So we brought her to Allah's Apostle against her will, and she told him what she had told us before and added that she was the mother of orphans. So the Prophet ordered that her two water-skins be brought and he rubbed the mouths of the water-skins. As we were thirsty, we drank till we quenched our thirst and we were forty men. We also filled all our waterskins and other utensils with water, but we did not water the camels. The waterskin was so full that it was almost about to burst. The Prophet then said, "Bring what (foodstuff) you have." So some dates and pieces of bread were collected for the lady, and when she went to her people, she said, "I have met either the greatest magician or a prophet as the people claim." So Allah guided the people of that village through that lady. She embraced Islam and they all embraced Islam.

Allah's Apostle returned from the Ghazwa of Tabuk, and when he approached Medina, he said, "There are some people in Medina who were with you all the time, you did not travel any portion of the journey nor crossed any valley, but they were with you they (i.e. the people) said, "O Allah's Apostle! Even though they were at Medina?" He said, "Yes, because they were stopped by a genuine excuse."

The Prophet said to those who were involved in a case of Lian, "Your accounts are with Allah. One of you two is a liar. You (husband) have right on her (wife)." The husband said, "My money, O Allah's Apostle!" The Prophet said, "You are not entitled to take back any money. If you have told the truth, the Mahr that you paid, was for having sexual relations with her lawfully; and if you are a liar, then you are less entitled to get it back."

Whenever Allah's Apostle ordered the Muslims to do something, he used to order them deeds which were easy for them to do, (according to their strength and endurance). They said, "O Allah's Apostle! We are not like you. Allah has forgiven your past and future sins." So Allah's Apostle became angry and it was apparent on his face. He said, "I am the most Allah fearing, and know Allah better than all of you do."

The Prophet said, "Nobody who enters Paradise likes to go back to the world even if he got everything on the earth, except a Mujahid who wishes to return to the world so that he may be martyred ten times because of the dignity he receives (from Allah)."

The Prophet recited Surat-an-Najm and then prostrated himself, and all who were with him prostrated too. But an old man took a handful of dust and touched his forehead with it saying, "This is sufficient for me." Later on I saw him killed as an infidel.

Yahya related to me from Malik from Uthman ibn Hafs ibn Umar ibn Khalda that Ibn Shihab had heard that Abu Lubaba ibn Abd al-Mundhir, when Allah turned to him said, "Messenger of Allah, should I leave my people's house in which I committed wrong action and keep your company, and give away all my property as sadaqa for Allah and His Messenger? "The Messenger of Allah, may Allah bless him and grant him peace, said, "Giving away a third of it is enough for you."

that he was asked about the wages of the one who cups others. He said, 'Allah's Apostle was cupped by `Abd Taiba, to whom he gave two Sa of food and interceded for him with his masters who consequently reduced what they used to charge him daily. Then the Prophet s said, "The best medicines you may treat yourselves with are cupping and sea incense.' He added, "You should not torture your children by treating tonsillitis by pressing the tonsils or the palate with the finger, but use incense."

The Prophet said, "Allah likes sneezing and dislikes yawning, so if someone sneezes and then praises Allah, then it is obligatory on every Muslim who heard him, to say: May Allah be merciful to you (Yar-hamuka-l-lah). But as regards yawning, it is from Satan, so one must try one's best to stop it, if one says 'Ha' when yawning, Satan will laugh at him."

I went along with some men from the Ash-ariyin to Allah's Apostle and it happened that I met him while he was in an angry mood. We asked him to provide us with mounts, but he swore that he would not give us any. Later on he said, "By Allah, Allah willing, if ever I take an oath (to do something) and later on I find something else better than the first, then I do the better one and give expiation for the dissolution of my oath."

The Prophet said, "If somebody claims to be the son of any other than his real father knowingly, he but disbelieves in Allah, and if somebody claims to belong to some folk to whom he does not belong, let such a person take his place in the (Hell) Fire."

I did not feel jealous of any of the wives of the Prophet as much as I did of Khadija (although) she died before he married me, for I often heard him mentioning her, and Allah had told him to give her the good tidings that she would have a palace of Qasab (i.e. pipes of precious stones and pearls in Paradise), and whenever he slaughtered a sheep, he would send her women-friends a good share of it.

Ibn Umar (Allah be pleased with them) reported that al-'A'bbas b. Abd al-Muttalib (Allah be pleased with him) sought permission from Allah's Messenger (may peace be upon him) to spend in Mecca the nights (which be was required to spend) at Mina on account of his office of supplier of water, and he (the Holy Prophet) granted him permission.

"The Messenger of Allah (saws) prohibited Al-Muhaqalah, Al-Muzabanah, Al-Mukhabarah, and making an exception (in a sale) unless it is made known."

[Abu 'Eisa said:] This Hadith is Hasan Sahih, Gharib from this route as narration of Yunus bin 'Ubaid, from 'Ata, from Jabir.

The Holy Prophet (saws) said to Ibn Suriya': I remind you by Allah Who saved you from the people of Pharaoh, made you cover the sea, gave you the shade of clouds, sent down to you manna and quails, sent down you Torah to Moses, do you find stoning (for adultery) in your Book? He said: You have reminded me by the Great. It is not possible for me to belie you. He then transmitted the rest of the tradition.

Ibn Umar used to dye his beard with yellow colour so much so that his clothes were filled (dyed) with yellowness. He was asked: Why do you dye with yellow colour? He replied: I saw the Messenger of Allah (saws) dyeing with yellow colour, and nothing was dearer to him than it. He would dye all his clothes with it, even his turban.