Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

The Prophet paid a visit to Um-Sulaim and she placed before him dates and ghee. The Prophet said, "Replace the ghee and dates in their respective containers for I am fasting." Then he stood somewhere in her house and offered an optional prayer and then he invoked good on Um-Sulaim and her family. Then Um-Sulaim said, "O Allah's Apostle! I have a special request (today)." He said, "What is it?" She replied, "(Please invoke for) your servant Anas." So Allah's Apostle did not leave anything good in the world or the Hereafter which he did not invoke (Allah to bestow) on me and said, "O Allah! Give him (i.e. Anas) property and children and bless him." Thus I am one of the richest among the Ansar and my daughter Umaina told me that when Al-Hajjaj came to Basra, more than 120 of my offspring had been buried.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased ...

I went out with my father to see the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). I fixed my eyes on him. My father came near him while he was riding his she-camel. He had a whip like the whip of scribes. I heard the bedouin and the people say: The whip, the whip. My father came near him and held his foot. She said: He admitted his Prophethood and stood and listened to him.

He said: Messenger of Allah, I have made a vow that if a son is born to me, I shall slaughter a number of sheep at the end of Buwanah in the dale of hill.

The narrator said: I do not know (for certain) that she said: Fifty (sheep).

The Messenger of Allah (saws) said: Does it contain any idol?

He said: No. Then he said: Fulfil your vow that you have taken for Allah. He then gathered them (i.e. the sheep) and began to slaughter them. A sheep ran away from them.

He searched for it saying: O Allah, fulfil my vow on my behalf. So he succeeded (in finding it) and slaughtered it.

When the Trench was dug, I saw the Prophet in the state of severe hunger. So I returned to my wife and said, "Have you got anything (to eat), for I have seen Allah's Apostle in a state of severe hunger." She brought out for me, a bag containing one Sa of barley, and we had a domestic she animal (i.e. a kid) which I slaughtered then, and my wife ground the barley and she finished at the time I finished my job (i.e. slaughtering the kid). Then I cut the meat into pieces and put it in an earthenware (cooking) pot, and returned to Allah's Apostle . My wife said, "Do not disgrace me in front of Allah's Apostle and those who are with him." So I went to him and said to him secretly, "O Allah's Apostle! I have slaughtered a she-animal (i.e. kid) of ours, and we have ground a Sa of barley which was with us. So please come, you and another person along with you." The Prophet raised his voice and said, "O people of Trench ! Jabir has prepared a meal so let us go." Allah's Apostle said to me, "Don't put down your earthenware meat pot (from the fireplace) or bake your dough till I come." So I came (to my house) and Allah's Apostle too, came, proceeding before the people. When I came to my wife, she said, "May Allah do so-and-so to you." I said, "I have told the Prophet of what you said." Then she brought out to him (i.e. the Prophet the dough, and he spat in it and invoked for Allah's Blessings in it. Then he proceeded towards our earthenware meat-pot and spat in it and invoked for Allah's Blessings in it. Then he said (to my wife). Call a lady-baker to bake along with you and keep on taking out scoops from your earthenware meat-pot, and do not put it down from its fireplace." They were onethousand (who took their meals), and by Allah they all ate, and when they left the food and went away, our earthenware pot was still bubbling (full of meat) as if it had not decreased, and our dough was still being baked as if nothing had been taken from it.

Yahya related to me from Malik, from Muhammad ibn Abd ar-Rahman, from Sulayman ibn Yasar, that when the Messenger of Allah, may Allah bless him and grant him peace, set out for hajj in the year of the farewell hajj, some of his companions went into ihram to do hajj on its own, some of them combined hajj and umra, and some went into ihram to do umra on its own. Those who had gone into ihram to do hajj, or hajj and umra together, did not come out of ihram, whils tthose who had gone into ihram to doumra (on its own) came out of ihram.

The Prophet (saws) said: People who get up from an assembly in which they did not remember Allah will be just as if they had got up from an ass's corpse, and it will be a cause of grief to them.

Boys used to be brought to the Messenger of Allah (saws), and he would invoke blessings on them. Yusuf added: "and soften some dates and rub their palates with them". He did not mention "blessings".

We were digging (the trench) on the day of (Al-Khandaq ( i.e. Trench )) and we came across a big solid rock. We went to the Prophet and said, "Here is a rock appearing across the trench." He said, "I am coming down." Then he got up, and a stone was tied to his belly for we had not eaten anything for three days. So the Prophet took the spade and struck the big solid rock and it became like sand. I said, "O Allah's Apostle! Allow me to go home." (When the Prophet allowed me) I said to my wife, "I saw the Prophet in a state that I cannot treat lightly. Have you got something (for him to eat?" She replied, "I have barley and a she goat." So I slaughtered the she-kid and she ground the barley; then we put the meat in the earthenware cooking pot. Then I came to the Prophet when the dough had become soft and fermented and (the meat in) the pot over the stone trivet had nearly been well-cooked, and said, "I have got a little food prepared, so get up O Allah's Apostle, you and one or two men along with you (for the food)." The Prophet asked, "How much is that food?" I told him about it. He said, "It is abundant and good. Tell your wife not to remove the earthenware pot from the fire and not to take out any bread from the oven till I reach there." Then he said (to all his companions), "Get up." So the Muhajirn (i.e. Emigrants) and the Ansar got up. When I came to my wife, I said, "Allah's Mercy be upon you! The Prophet came along with the Muhajirin and the Ansar and those who were present with them." She said, "Did the Prophet ask you (how much food you had)?" I replied, "Yes." Then the Prophet said, "Enter and do not throng." The Prophet started cutting the bread (into pieces) and put the cooked meat over it. He covered the earthenware pot and the oven whenever he took something out of them. He would give the food to his companions and take the meat out of the pot. He went on cutting the bread and scooping the meat (for his companions) till they all ate their fill, and even then, some food remained. Then the Prophet said (to my wife), "Eat and present to others as the people are struck with hunger."

The Prophet said, "The people were displayed in front of me and I saw one prophet passing by with a large group of his followers, and another prophet passing by with only a small group of people, and another prophet passing by with only ten (persons), and another prophet passing by with only five (persons), and another prophet passed by alone. And then I looked and saw a large multitude of people, so I asked Gabriel, "Are these people my followers?' He said, 'No, but look towards the horizon.' I looked and saw a very large multitude of people. Gabriel said. 'Those are your followers, and those are seventy thousand (persons) in front of them who will neither have any reckoning of their accounts nor will receive any punishment.' I asked, 'Why?' He said, 'For they used not to treat themselves with branding (cauterization) nor with Ruqya (get oneself treated by the recitation of some Verses of the Qur'an) and not to see evil omen in things, and they used to put their trust (only) in their Lord." On hearing that, 'Ukasha bin Mihsan got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, "O Allah, make him one of them." Then another man got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, 'Ukasha has preceded you."

On the day (of the battle) of the Trench, the Ansar were saying, "We are those who have sworn allegiance to Muhammad for Jihaid (for ever) as long as we live." The Prophet replied to them, "O Allah! There is no life except the life of the Hereafter. So honor the Ansar and emigrants with Your Generosity."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab prayed two rakas with the people of Makka, and then, when he had finished, he said, "People of Makka, complete your prayer, becausewe are a group of travellers." Later, Umar prayed two rakas with them at Mina, but we have not heard that he said anything to them on that occasion.

Malik was asked whether the people of Makka should pray two rakas at Arafa or four, and whether the amir of the hajj, if he was a Makkan, should pray dhuhr and asr with four rakas or two, and also how the people of Makka who were living (at Mina) should pray, and he said, "The people of Makka should pray only two rakas at Arafa and Mina for as long as they stay there, and should shorten the prayer until they return to Makka. The amir of the hajj, if he is a Makkan, should also shorten the prayer at Arafa and during the days of Mina. Anyone who is living at Mina as a resident should do the full prayer at Mina, and similarly anyone who lives at Arafa and is a resident there should do the full prayer at Arafa."

The Messenger of Allah (saws) raised his voice in talbiyah; he then mentioned the wordings of talbiyah like the tradition narrated by Ibn Umar. The people used to add the words dhal-ma'arij (the Possessor of ladders) and similar other words (to talbiyah) while the Prophet (saws) heard them utter these words, but he did not say anything to them.

I was with `Abdullah and Abu Musa; the latter asked the former, "O Abu `Abdur-Rahman! What is your opinion if somebody becomes Junub and no water is available?" `Abdullah replied, "Do not pray till water is found." Abu Musa said, "What do you say about the statement of `Ammar (who was ordered by the Prophet to perform Tayammum). The Prophet said to him: "Perform Tayammum and that would be sufficient." `Abdullah replied, "Don't you see that `Umar was not satisfied by `Ammar's statement?" Abu- Musa said, "All right, leave `Ammar's statement, but what will you say about this verse (of Tayammum)?" `Abdullah kept quiet and then said, "If we allowed it, then they would probably perform Tayammum even if water was available, if one of them found it (water) cold." The narrator added, "I said to Shaqiq, "Then did `Abdullah dislike to perform Tayammum because of this?" He replied, "Yes."

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.

When Allah's Apostle emigrated to Medina, Abu Bakr and Bilal had a fever. I entered upon them and said, "O my father! How are you? O Bilal! How are you?" Whenever Abu Bakr got the fever he used to say, "Everybody is staying alive with his people, yet death is nearer to him than his shoe laces." And when fever deserted Bilal, he would recite (two poetic verses): "Would that I could stay overnight in a valley wherein I would be surrounded by Idhkhir and Jalil (two kinds of good smelling grass). Would that one day I could drink of the water of Majinna, and would that Shama and Tafil (two mountains at Mecca) would appear to me!" I went to Allah's Apostle and informed him about that. He said, "O Allah! Make us love Medina as much or more than we love Mecca, and make it healthy, and bless its Sa and its Mudd, and take away its fever and put it in Al-Juhfa." (See Hadith No 558) .

Some poor people came to the Prophet and said, "The wealthy people will get higher grades and will have permanent enjoyment and they pray like us and fast as we do. They have more money by which they perform the Hajj, and `Umra; fight and struggle in Allah's Cause and give in charity." The Prophet said, "Shall I not tell you a thing upon which if you acted you would catch up with those who have surpassed you? Nobody would overtake you and you would be better than the people amongst whom you live except those who would do the same. Say "Subhana l-lah", "Al hamdu li l-lah" and "Allahu Akbar" thirty three times each after every (compulsory) prayer." We differed and some of us said that we should say, "Subhan-al-lah" thirty three times and "Al hamdu li l-lah" thirty three times and "Allahu Akbar" thirty four times. I went to the Prophet who said, "Say, "Subhan-al-lah" and "Al hamdu li l-lah" and "Allahu Akbar" all together [??], thirty three times."

The Messenger of Allah (saws) sent us on foot to get spoil, but we returned without getting any. When he saw the signs of distress on our faces, he stood up on our faces and said: O Allah, do not put them under my care, for I would be too weak to care for them; do not put them in care of themselves, for they would be incapable of that, and do not put them in the care of men, for they would choose the best things for themselves. He then placed his hand on my head and said: Ibn Hawalah, when you see the caliphate has settled in the holy land, earthquakes, sorrows and serious matters will have drawn near and on that day the Last Hour will be nearer to mankind than this hand of mine is to your head.

Abu Dawud said: 'Abd Allah b. Hawalah belongs to Hims.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"

When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '

A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "

I heard Jabir bin `Abdullah in a gathering saying, "We, the companions of Allah's Apostle assumed the state of Ihram to perform only Hajj without `Umra." Jabir added, "The Prophet arrived (at Mecca) on the fourth of Dhul-Hijja. And when we arrived (in Mecca) the Prophet ordered us to finish the state of Ihram, saying, "Finish your lhram and go to your wives (for sexual relation)." Jabir added, "The Prophet did not oblige us (to go to our wives) but he only made that legal for us. Then he heard that we were saying, "When there remains only five days between us and the Day of `Arafat he orders us to finish our Ihram by sleeping with our wives in which case we will proceed to `Arafat with our male organs dribbling with semen?' (Jabir pointed out with his hand illustrating what he was saying). Allah's Apostle stood up and said, 'You (People) know that I am the most Allah-fearing, the most truthful and the best doer of good deeds (pious) from among you. If I had not brought the Hadi with me, I would have finished my Ihram as you will do, so finish your Ihram. If I had formerly known what I came to know lately, I would not have brought the Hadi with me.' So we finished our Ihram and listened to the Prophet and obeyed him." (See Hadith No. 713, Vol. 2)

The Prophet said, "None of you should wish for death because of a calamity befalling him; but if he has to wish for death, he should say: "O Allah! Keep me alive as long as life is better for me, and let me die if death is better for me.' "

Lian was mentioned in the presence of the Prophet, `Asim bin Adi said a statement about it, and when he left, a man from his tribe came to him complaining that he had seen a man with his wife. `Asim said, "I have been put to trial only because of my statement." So he took the man to the Prophet and the man told him about the incident. The man (husband) was of yellow complexion, thin, and of lank hair, while the man whom he had accused of having been with his wife, was reddish brown with fat thick legs and fat body. The Prophet said, "O Allah! Reveal the truth." Later on the lady delivered a child resembling the man whom the husband had accused of having been with her. So the Prophet made them take the oath of Lian. A man said to Ibn `Abbas in the gathering, "Was that the same lady about whom the Prophet said, "If I were to stone any lady (for committing illegal sexual intercourse) to death without witnesses, I would have stoned that lade to death?" Ibn `Abbas said, "No, that was another lady who used to behave in such a suspicious way among the Muslims that one might accuse her of committing illegal sexual intercourse."