Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

When Allah's Apostle married Zainab bint Jahsh, he invited the people to a meal. They took the meal and remained sitting and talking. Then the Prophet (showed them) as if he is ready to get up, yet they did not get up. When he noticed that (there was no response to his movement), he got up, and the others too, got up except three persons who kept on sitting. The Prophet came back in order to enter his house, but he went away again. Then they left, whereupon I set out and went to the Prophet to tell him that they had departed, so he came and entered his house. I wanted to enter along with him, but he put a screen between me and him. Then Allah revealed: 'O you who believe! Do not enter the houses of the Prophet...' (33.53)

A man came to the Prophet and said, "I am ruined!" The Prophet said, "Why?" He said, "I had sexual intercourse with my wife while fasting (in the month of Ramadan)." The Prophet said to him, "Manumit a slave (as expiation)." He replied, "I cannot afford that." The Prophet said, "Then fast for two successive months." He said, "I cannot." The Prophet said, "Then feed sixty poor persons." He said, "I have nothing to do that." In the meantime a basket full of dates was brought to the Prophet . He said, "Where is the questioner." The man said, "I am here." The Prophet said (to him), "Give this (basket of dates) in charity (as expiation)." He said, "O Allah's Apostle! Shall I give it to poorer people than us? By Him Who sent you with the Truth, there is no family between Medina's two mountains poorer than us." The Prophet smiled till his pre-molar teeth became visible. He then said, "Then take it."

The Prophet said, "When anyone of you go to bed, he should shake out his bed with the inside of his waist sheet, for he does not know what has come on to it after him, and then he should say: 'Bismika Rabbi Wada`tu Janbi wa bika arfa'uhu, In amsakta nafsi farhamha wa in arsaltaha fahfazha bima tahfazu bihi ibadakas-salihin."

The Prophet said, "When anyone of you goes to bed, he should dust it off thrice with the edge of his garment, and say: Bismika Rabbi Wada`tu janbi, wa bika arfa'hu. In amsakta nafsi faghfir laha, wa in arsaltaha fahfazha bima tahfaz bihi 'ibadaka-s-salihin."

Allah's Apostle (p.b.u.h) came to my house while two girls were singing beside me the songs of Buath (a story about the war between the two tribes of the Ansar, the Khazraj and the Aus, before Islam). The Prophet (p.b.u.h) lay down and turned his face to the other side. Then Abu Bakr came and spoke to me harshly saying, "Musical instruments of Satan near the Prophet (p.b.u.h) ?" Allah's Apostle (p.b.u.h) turned his face towards him and said, "Leave them." When Abu Bakr became inattentive, I signaled to those girls to go out and they left. It was the day of `Id, and the Black people were playing with shields and spears; so either I requested the Prophet (p.b.u.h) or he asked me whether I would like to see the display. I replied in the affirmative. Then the Prophet (p.b.u.h) made me stand behind him and my cheek was touching his cheek and he was saying, "Carry on! O Bani Arfida," till I got tired. The Prophet (p.b.u.h) asked me, "Are you satisfied (Is that sufficient for you)?" I replied in the affirmative and he told me to leave.

The funeral prayer should be offered for every child even if he were the son of a prostitute as he was born with a true faith of Islam (i.e. to worship none but Allah Alone). If his parents are Muslims, particularly the father, even if his mother were a non-Muslim, and if he after the delivery cries (even once) before his death (i.e. born alive) then the funeral prayer must be offered. And if the child does not cry after his delivery (i.e. born dead) then his funeral prayer should not be offered, and he will be considered as a miscarriage. Abu Huraira, narrated that the Prophet said, "Every child is born with a true faith (i.e. to worship none but Allah Alone) but his parents convert him to Judaism or to Christianity or to Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?" Then Abu Huraira recited the holy verses: 'The pure Allah's Islamic nature (true faith i.e. to worship none but Allah Alone), with which He has created human beings.' " (30.30).

On the day of the conquest of Mecca, the Prophet said, "There is no more emigration (from Mecca) but Jihad and intentions, and whenever you are called for Jihad, you should go immediately. No doubt, Allah has made this place (Mecca) a sanctuary since the creation of the heavens and the earth and will remain a sanctuary till the Day of Resurrection as Allah has ordained its sanctity. Fighting was not permissible in it for anyone before me, and even for me it was allowed only for a portion of a day. So, it is a sanctuary with Allah's sanctity till the Day of Resurrection. Its thorns should not be uprooted and its game should not be chased; and its luqata (fallen things) should not be picked up except by one who would announce that publicly, and its vegetation (grass etc.) should not be cut." Al-`Abbas said, "O Allah's Apostle! Except Al-Idhkhir, (for it is used by their blacksmiths and for their domestic purposes)." So, the Prophet said, "Except Al-Idhkhir."

Allah's Apostle said on the day of the conquest of Mecca, "There is no migration now, but there is Jihad (i.e.. holy battle) and good intentions. And when you are called for Jihad, you should come out at once" Allah's Apostle also said, on the day of the conquest of Mecca, "Allah has made this town a sanctuary since the day He created the Heavens and the Earth. So, it is a sanctuary by Allah's Decree till the Day of Resurrection. Fighting in it was not legal for anyone before me, and it was made legal for me only for an hour by daytime. So, it (i.e. Mecca) is a sanctuary by Allah's Decree till the Day of Resurrection. Its thorny bushes should not be cut, and its game should not be chased, its fallen property (i.e. Luqata) should not be picked up except by one who will announce it publicly; and its grass should not be uprooted," On that Al-`Abbas said, "O Allah's Apostle! Except the Idhkhir, because it is used by the goldsmiths and by the people for their houses." On that the Prophet said, "Except the Idhkhir."

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

Malik said, "This is the best of what I have heard about the matter."

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "When a man comes to his wife in her room, he is believed. When she comes to him in his room, she is believed."

Malik commented, "I think that this refers to sexual intercourse. When he comes in to her in her room and she says, 'He has had intercourse with me' and he says, 'I have not touched her', he is believed. When she comes in to him in his room and he says, 'I have not had intercourse with her' and she says, 'He had intercourse with me', she is believed."

Yahya related to me from Malik from Yazid ibn Ziyad that Abdullah ibn Rafi, the mawla of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, asked Abu Hurayra about the time of the prayer. Abu Hurayra said, "Let me tell you. Pray dhuhr when the length of your shadow matches your height, asr when your shadow is twice your height, maghrib when the sun has set, isha in the first third of the night, and subh in the very first light of dawn," i.e. when the dawn has definitely come.

Malik related to me from Nafi that Abdullah ibn Umar would spend the night between the two trails in the valley of Dhu Tuwa when he was approaching Makka. Then he would pray subh, and after that he would enter Makka by the trail which is at the highest part of Makka. He would never enter Makka, if he was coming for hajj or umra, without doing ghusl beforehand when he was near Makka at Dhu Tuwa, and he would tell whoever was with him to do likewise.

That the Messenger of Allah (saws) said: "Allah forgave a man who was before you: He was tolerant when selling, tolerant when purchasing, and tolerant when repaying."

He said: This Hadith is Gharib Sahih Hasan from this route.

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...

I remember two period of silence in prayer, one when the imam said the takbir; and one when he finished reciting the Fatihah and the surah when he was about to bow. But Imran ibn Husayn took it as something strange. So they wrote about it to Ubayy (ibn Ka'b) in Medina. He verified the statement of Samurah.

Abu Dawud said: Humaid also narrated in this tradition the words "and one period silence when he finished the recitation (of the Qur'an)"

That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."

When the Prophet got up at night to offer the Tahajjud prayer, he used to say: Allahumma lakal-hamd. Anta qaiyyimus-samawati wal-ard wa man fihinna. Walakal-hamd, Laka mulkus-samawati wal-ard wa man fihinna. Walakal-hamd, anta nurus-samawati wal-ard. Wa lakal-hamd, anta-l-haq wa wa'duka-lhaq, wa liqa'uka Haq, wa qauluka Haq, wal-jannatu Han wan-naru Haq wannabiyuna Haq. Wa Muhammadun, sallal-lahu'alaihi wasallam, Haq, was-sa'atu Haq. Allahumma aslamtu Laka wabika amantu, wa 'Alaika tawakkaltu, wa ilaika anabtu wa bika khasamtu, wa ilaika hakamtu faghfir li ma qaddamtu wama akh-khartu wama as-rartu wama'a lantu, anta-l-muqaddim wa anta-l-mu akh-khir, la ilaha illa anta (or la ilaha ghairuka). (O Allah! All the praises are for you, You are the Holder of the Heavens and the Earth, And whatever is in them. All the praises are for You; You have the possession of the Heavens and the Earth And whatever is in them. All the praises are for You; You are the Light of the Heavens and the Earth And all the praises are for You; You are the King of the Heavens and the Earth; And all the praises are for You; You are the Truth and Your Promise is the truth, And to meet You is true, Your Word is the truth And Paradise is true And Hell is true And all the Prophets (Peace be upon them) are true; And Muhammad is true, And the Day of Resurrection is true. O Allah ! I surrender (my will) to You; I believe in You and depend on You. And repent to You, And with Your help I argue (with my opponents, the non-believers) And I take You as a judge (to judge between us). Please forgive me my previous And future sins; And whatever I concealed or revealed And You are the One who make (some people) forward And (some) backward. There is none to be worshipped but you . Sufyan said that `Abdul Karim Abu Umaiya added to the above, 'Wala haula Wala quwata illa billah' (There is neither might nor power except with Allah).

We came to Jabir ibn Abdullah who was sitting in his mosque. He said: The Messenger of Allah (saws) came to us in this mosque and he had a twig of date-palm of the kind of Ibn Tab. He looked and saw phlegm on the wall towards qiblah. He turned to it and scraped it with the twig.

He then said: Who of you likes that Allah turns His face from him? He further said: When any of you stands for praying, Allah faces him. So he should not spit before him, nor on his right side. He should spit on his left side under his left foot. If he is in a hurry (i.e. forced to spit immediately), he should do with his cloth in this manner. He then placed the cloth on his mouth and rubbed it off.

He then said: Bring perfume. A young man of the tribe stood and hurried to his house and returned with perfume in his palm. The Messenger of Allah (saws) took it and put it at the end of the twig. He then stained the mark of phlegm with it.

Jabir said: This is the reason you use perfume in your mosques.

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

The Prophet (saws) named our cavalry "the Cavalry of Allah," when we were struck with panic, and when panic overtook us, the Messenger of Allah (saws) commanded us to be united, to have patience and perseverance; and to be so when we fought.

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the call to prayer is made Shaytan retreats, passing wind, so that he will not hear the adhan. When the adhan is completed he comes back, until, when the iqama is said, he retreats again. When the iqama is completed, he comes back, until he comes between a man and his self and says, 'Think of such and such, think of such and such,' which he was not thinking about before, until the man does not know how much he has prayed."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, when asked if anyone should recite behind an imam, said, "When you pray behind an imam then the recitation of the imam is enough for you and when you pray on your own you must recite." Nafi added, "Abdullah ibn 'Umar used not to recite behind the imam."

Yahya said that he heard Malik say, "The position with us is that aman recites behind the imam when the imam does not recite aloud and he refrains from reciting when the imam recites aloud."

The Prophet said, "The Imam is (appointed) to be followed. So do not differ from him, bow when he bows, and say, "Rabbana-lakal hamd" if he says "Sami`a l-lahu liman hamidah"; and if he prostrates, prostrate (after him), and if he prays sitting, pray sitting all together, and straighten the rows for the prayer, as the straightening of the rows is amongst those things which make your prayer a correct and perfect one. (See Hadith No. 657).

Hilal bin Umaiya accused his wife of committing illegal sexual intercourse with Sharik bin Sahma' and filed the case before the Prophet. The Prophet said (to Hilal), "Either you bring forth a proof (four witnesses) or you will receive the legal punishment (lashes) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw a man over his wife, would he go to seek after witnesses?" The Prophet kept on saying, "Either you bring forth the witnesses or you will receive the legal punishment (lashes) on your back." Hilal then said, "By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment." Then Gabriel came down and revealed to him:-- 'As for those who accuse their wives...' (24.6-9) The Prophet recited it till he reached: '... (her accuser) is telling the truth.' Then the Prophet left and sent for the woman, and Hilal went (and brought) her and then took the oaths (confirming the claim). The Prophet was saying, "Allah knows that one of you is a liar, so will any of you repent?" Then the woman got up and took the oaths and when she was going to take the fifth one, the people stopped her and said, "It (the fifth oath) will definitely bring Allah's curse on you (if you are guilty)." So she hesitated and recoiled (from taking the oath) so much that we thought that she would withdraw her denial. But then she said, "I will not dishonor my family all through these days," and carried on (the process of taking oaths). The Prophet then said, "Watch her; if she delivers a black-eyed child with big hips and fat shins then it is Sharik bin Sahma's child." Later she delivered a child of that description. So the Prophet said, "If the case was not settled by Allah's Law, I would punish her severely."

The Prophet used to pray the Zuhr at midday, and the `Asr at a time when the sun was still bright, the Maghrib after sunset (at its stated time) and the `Isha at a variable time. Whenever he saw the people assembled (for `Isha' prayer) he would pray earlier and if the people delayed, he would delay the prayer. And they or the Prophet used to offer the Fajr Prayers when it still dark.

Allah's Apostle said, "When the Adhan is pronounced Satan takes to his heels and passes wind with noise during his flight in order not to hear the Adhan. When the Adhan is completed he comes back and again takes to his heels when the Iqama is pronounced and after its completion he returns again till he whispers into the heart of the person (to divert his attention from his prayer) and makes him remember things which he does not recall to his mind before the prayer and that causes him to forget how much he has prayed."

`Imran and I prayed behind `Ali bin Abi Talib and he said Takbir on prostrating, on rising and on getting up after the two rak`at (i.e. after the second rak`a). When the prayer was finished, `Imran took me by the hand and said, "He (`Ali) has prayed the prayer of Muhammad" (or said, "He made us remember the prayer of Muhammad).