Abu Dawud said : Marwan b. Muhammad said: He is Rabah b. al-Walid who heard from him (nimran). He (Marwan b. Muhammad) said: Yahya b. Hussain was confused in it.

that Ka`b had a slave girl who used to graze his sheep on a small mountain, called "Sl'a", situated near the market. Once a sheep was dying, so she broke a stone and slaughtered it with it. When they mentioned that to the Prophet, he, permitted them to eat it.

Yahya said: Narrate from me that both these traditions are weak in respect of their chains.

Abu Dawud said: Al-Thawri is reported to have said: Habib narrated this tradition to us only on the authority of 'Urwat al-Muzani, that is, he did not narrated any tradition on the authority of 'Urwah b. al-Zubair.

Abu Dawud said: Hamzah al-Zayyat reported a sound tradition on the authority of Habib, from 'Urwah b. al-Zubair from 'Aishah.

Bashir's name in pre-Islamic days was Zahm ibn Ma'bad. When he migrated to the Messenger of Allah (saws). He asked: What is your name? He replied: Zahm. He said: No, you are Bashir.

He (Bashir) said: When I was walking with the Messenger of Allah (saws) he passed by the graves of the polytheists. He said: They lived before (a period of) abundant good. He said this three times. He then passed by the graves of Muslims. He said: They received abundant good.

The Messenger of Allah (saws) suddenly saw a man walking in shoes between the graves. He said: O man, wearing the shoes! Woe to thee! Take off thy shoes. So the man looked (round), When he recognized the Messenger of Allah (saws), he took them off and threw them away.

When the Messenger of Allah (saws) got up to pray at night (for tahajjud prayer) he uttered the takbir and then said: "Glory be to Thee, O Allah," and "Praise be to Thee" and "Blessed is Thy name," and Exalted is Thy greatness." and "There is no god but Thee." He then said: "There is no god but Allah" three times; he then said: "Allah is altogether great" three times: "I seek refuge in Allah, All-Hearing and All-Knowing from the accursed devil, from his evil suggestion (hamz), from his puffing up (nafkh), and from his spitting (nafth)" He then recited (the Qur'an).

Abu Dawud said: It is said that this tradition has been narrated by 'Ali b. 'Ali from al-Hasan omitting the name of the Companion of the Prophet (saws). The misunderstanding occurred on the part of Ja'far.

Regarding the Verse:--"If a woman fears cruelty or desertion on her husband's part." (4.128) It is about a man who has a woman (wife) and he does not like her and wants to divorce her but she says to him, "I make you free as regards myself." So this Verse was revealed in this connection.

Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, "Tell them." She was embarrassed. He said, "It is alright, and I do it myself."

Malik said, "A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else's slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

The tradition mentioned above has also been transmitted by Sahl bin Sa’d Al Sa’idi through a different chain of narrators. This version has “He divorced her three times before the Messenger of Allah (saws). The Messenger of Allah (saws) implemented it and what is done before the Prophet (saws) is sunnah(model behavior of the Prophet).

Sahl said “I attended this before the Messenger of Allah(saws). Afterwards the sunnah about those who invoked curses on each other was established that they (the spouses) were separated from each other and they would never be united.”

A man led the people in prayer. He spat towards qiblah while the Messenger of Allah (saws) was looking at him. The Messenger of Allah said to the people when he finished his prayer: He should not lead you in prayer (henceforth).

Thenceforth he intended to lead them in prayer, but they forbade him and informed him of the prohibition of the Messenger of Allah (saws). He mentioned it to the Messenger of Allah (saws) who said to him: Yes.

The narrator said: I think he (the Prophet) said: You did harm to Allah and His Apostle.

"The Messenger of Allah (saws) sent us with an army and said: 'If you see so-and-so, and so-and-so' referring to two men from the Quraish: 'then burn them with fire.' Then, upon our departure, the Messenger of Allah (saws) said: 'I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allah. So if you see them, then kill them.'"

There are narrations on this topic from Ibn 'Abbas and Hamzah bin 'Amr Al-Aslami.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. In this Hadith, Muhammad bin Ishaq mentioned a man (narrating) between Sulaiman bin Yasar and Abu Hurairah. Others reported this Hadith the same as Al-Laith reported it(here, without a man between them). The narration of Al-Laith bin Sa'd is more appropriate and more correct.

The Prophet (holding out his ten fingers thrice), said, "The month is thus and thus and thus," namely thirty days. Then (holding out his ten fingers twice and then nine fingers), he said, "It may be thus and thus and thus," namely twenty nine days. He meant once thirty days and once twenty nine days.

The Prophet said, "Name yourselves after me (by my name), but do not call yourselves by my Kuniya, and whoever sees me in a dream, he surely sees me, for Satan cannot impersonate me (appear in my figure). And whoever intentionally ascribes something to me falsely, he will surely take his place in the (Hell) Fire.

AbdurRahman reported on the authority of his mother: When the Messenger of Allah (saws) passed any place from the house of Ya'la,--the narrator Ubaydullah forgot its name--he faced the House (the Ka'bah) and supplicated.

As-Sa'ib reported on the authority of a man whom he named: The Messenger of Allah (saws) put on two coats of mail during the battle of Uhud as a double protection. (The narrator is doubtful about the word zahara or labisa.)

When Allah, Most High, revealed the verses: "Come not nigh to the orphan's property except to improve it". And "Those who unjustly eat up the property of orphans", everyone who had an orphan with him went and separated his food from his (orphan's) food, and his drink from his drink, and began to detain the remaining food which he (the orphan) himself ate or spoiled.

This fell heavy on them, and they mentioned this to the Messenger of Allah (saws). So Allah, Most High, revealed the verse: "They ask thee concerning orphans. Say: The best thing to do is what is for their good; if ye mix their affairs with yours, they are your brethren." Then they mixed their food with his food and their drink with his drink.

The Prophet said, "A Muslim is the one who avoids harming Muslims with his tongue and hands. And a Muhajir (emigrant) is the one who gives up (abandons) all what Allah has forbidden."

Yahya related to me from Malik that he had heard that once in the time of Uthman ibn Affan the new moon had been seen in the afternoon and Uthman did not break his fast until evening had come and the sun had set.

Yahya said that he had heard Malik say that some one who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan. He added, "Some one who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the reliability of someone among them who breaks the fast. Such people should say, when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming ."

Yahya said that he heard Malik say, "If people are fasting on the day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty- first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the id prayer if they hear the news after the sun has begun to decline."

Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."

Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."

Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."

Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."

Bakr said: I heard it from Ibn al-Mughirah.

Abu Dawud said: He ('Umar) intended that the name of division should not apply to it.

One night I was with the Prophet on a journey. He asked (me), "Have you got water with you?" I replied, "Yes" So he got down from his she-camel and went away till he disappeared in the darkness of the night. Then he came back and I poured water for him from the pot (for the ablution). He washed his face and hands while he was wearing a woollen cloak (the sleeves of which were narrow), so he could not take his arms out of it. So he took them out from underneath the cloak. Then he washed his forearms and passed his wet hands over his head. Then I tried to take off his Khuffs (socks made from thick fabric or leather), but he said, "Leave them, for I have performed ablution before putting them on." And so he passed his wet hands over them.

Allah's Apostle said. "It is one of the greatest sins that a man should curse his parents." It was asked (by the people), "O Allah's Apostle! How does a man curse his parents?" The Prophet said, "'The man abuses the father of another man and the latter abuses the father of the former and abuses his mother."

Allah's Apostle said, "Seventy thousand or seven hundred thousand of my followers will enter Paradise. (Abu Hazim, the sub-narrator, is not sure as to which of the two numbers is correct.) They will be holding on to each other, the first will not entering the last one does, their faces like the moon on a full moon night."

The Prophet invoked evil upon those (people) who killed his companions at Bir Mauna for 30 days (in the morning prayer). He invoked evil upon (tribes of) Ril, Lihyan and Usaiya who disobeyed Allah and His Apostle. Allah revealed a Qur'anic Verse to His Prophet regarding those who had been killed, i.e. the Muslims killed at Bir Ma'una, and we recited the Verse till later it was cancelled. (The Verse was:) 'Inform our people that we have met our Lord, and He is pleased with us, and we are pleased with Him."

Whenever the Messenger of Allah (saws) performed ablution, he took a handful of water, and, putting it under his chin, made it go through his beard, saying: Thus did my Lord command me.

Muhammad b. Hatim said: The name of Al-Azdiyyah is Mussah and her patronymic name is Umm Busrah.

Abu Dawud said: The patronymic names of Kathir b. Ziyad s Abu Sahl.

The Prophet said: Abraham did not tell lies except three. (One of them was) when Abraham passed by a tyrant and (his wife) Sara was accompanying him (Abu Huraira then mentioned the whole narration and said:) (The tyrant) gave her Hajar. Sara said, "Allah saved me from the hands of the Kafir (i.e. infidel) and gave me Hajar to serve me." (Abu Huraira added:) That (Hajar) is your mother, O Banu Ma'-As-Sama' (i.e., the Arabs).

Yahya related to me from Malik that he had heard that Anas ibn Malik used to pay fidya when he had grown old and could no longer manage to do the fast.

Malik said, "I do not consider that to do so is obligatory, but what I like most is that a man does the fast when he is strong enough. Whoever pays compensation gives one mudd of food in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

The Messenger of Allah (saws) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.