I heard Muawiya bin Abi Sufyan (repeating the statements of the Adhan) while he was sitting on the pulpit. When the Mu'adh-dhin pronounced the Adhan saying, "Allahu-Akbar, Allahu Akbar", Muawiya said: "Allah Akbar, Allahu Akbar." And when the Mu'adh-dhin said, "Ash-hadu an la ilaha illal-lah (I testify that none has the right to be worshipped but Allah)", Muawiya said, "And (so do) I". When he said, "Ash-hadu anna Muhammadan Rasulullah" (I testify that Muhammad is Allah's Apostle), Muawiya said, "And (so do) I". When the Adhan was finished, Muawiya said, "O people, when the Mu'adh-dhin pronounced the Adhan I heard Allah's Apostle on this very pulpit saying what you have just heard me saying".

Ibn `Umar never offered the Duha prayer except on two occasions: (1) Whenever he reached Mecca; and he always used to reach Mecca in the forenoon. He would perform Tawaf round the Ka`ba and then offer two rak`at at the rear of Maqam Ibrahim. (2) Whenever he visited Quba, for he used to visit it every Saturday. When he entered the Mosque, he disliked to leave it without offering a prayer. Ibn `Umar narrated that Allah's Apostle used to visit the Mosque of Quba (sometime) walking and (sometime) riding. And he (i.e. Ibn `Umar) used to say, "I do only what my companions used to do and I don't forbid anybody to pray at any time during the day or night except that one should not intend to pray at sunrise or sunset."

The Prophet said, "A man used to do sinful deeds, and when death came to him, he said to his sons, 'After my death, burn me and then crush me, and scatter the powder in the air, for by Allah, if Allah has control over me, He will give me such a punishment as He has never given to anyone else.' When he died, his sons did accordingly. Allah ordered the earth saying, 'Collect what you hold of his particles.' It did so, and behold! There he was (the man) standing. Allah asked (him), 'What made you do what you did?' He replied, 'O my Lord! I was afraid of You.' So Allah forgave him. " Another narrator said "The man said, Fear of You, O Lord!"

Yahya related to me from Malik from Abd al-Hamid ibn Suhayl ibn Abd ar-Rahman ibn Awf from Said ibn al-Musayyab from Abu Said al- Khudri and from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, appointed a man as an agent in Khaybar, and he brought him some excellent dates. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Are all the dates of Khaybar like this?" He said,"No. By Allah, Messenger of Allah! We take a sa of this kind for two sa or two sa for three." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do not do that. Sell the assorted ones for dirhams and then buy the good ones with the dirhams."

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that one of the Ansar came to the Messenger of Allah, may Allah bless him and grant him peace, with a black slave- girl of his. He said, "Messenger of Allah, I must set a slave free who is a mumina. If you think that she is mumina, I will free her." The Messenger of Allah, may Allah bless him and grant him peace, questioned her, "Do you testify that there is no god but Allah?" She said, "Yes." "Do you testify that Muhammad is the Messenger of Allah?" She said, "Yes." "Are you certain about the rising after death?" She said, "Yes." The Messenger of Allah, may Allah bless him and grant him peace, said, "Free her."

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

[He said:] There are narrations on this topic from Ibn 'Umar and Anas.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

The Prophet (saws) said: If anyone applies collyrium, he should do it an odd number of times. If he does so, he has done well; but if not, there is no harm. If anyone cleanses himself with pebbles, he should use an odd number. If he does so, he has done well; but if not, there is no harm.

If anyone eats, he should throw away what he removes with a toothpick and swallow what sticks to his tongue. If he does so, he has done well; if not, there is no harm. If anyone goes to relieve himself, he should conceal himself, and if all he can do is to collect a heap of send, he should sit with his back to it, for the devil makes sport with the posteriors of the children of Adam. If he does so, he has done well; but if not, there is no harm.

The Messenger of Allah (saws) said: Gold is to be paid for with gold, raw and coined, silver with silver, raw and coined (in equal weight), wheat with wheat in equal measure, barley with barley in equal measure, dates with dates in equal measure, salt by salt with equal measure; if anyone gives more or asks more, he has dealt in usury. But there is no harm in selling gold for silver and silver (for gold), in unequal weight, payment being made on the spot. Do not sell them if they are to be paid for later. There is no harm in selling wheat for barley and barley (for wheat) in unequal measure, payment being made on the spot. If the payment is to be made later, then do not sell them.

Abu Dawud said: This tradition has also been transmitted by Sa'id b. Abi 'Arubah, Hisham al-Dastawa'i and Qatadah from Muslim b. Yasar through his chain.

I was with the Messenger of Allah (saws) while Maymunah was with him. Then Ibn Umm Maktum came. This happened when we were ordered to observe veil (purdah). The Prophet (saws) said: Observe veil from him. We asked: Messenger of Allah! is he not blind? He can neither see us nor recognise us. The Prophet (saws) said: Are both of you blind? Do you not see him? AbuDawud said: This was peculiar to the wives of the Prophet (saws). Do you not see that Fatimah daughter of Qays passed her waiting period with Ibn Umm Maktum. The Prophet (saws) said to Fatimah daughter of Qays: Pass your waiting period with Ibn Umm Maktum, for he is a blind man. You can put off your clothes with him.

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

I was in the company of the Prophet in the cave, and on seeing the traces of the pagans, I said, "O Allah's Apostle If one of them (pagans) should lift up his foot, he will see us." He said, "What do you think of two, the third of whom is Allah?"

The Prophet said, "It is a bad thing that some of you say, 'I have forgotten such-and-such verse of the Qur'an,' for indeed, he has been caused (by Allah) to forget it. So you must keep on reciting the Qur'an because it escapes from the hearts of men faster than camel do."

The Prophet said, "Perform (an optional) prayer before Maghrib prayer." (He repeated it thrice) and the third time he said, "Whoever wants to offer it can do so," lest the people should take it as a Sunna (tradition). (See Hadith No. 277, Vol. 2)

The people said to the Prophet , "O Allah's Apostle! Here are people who have recently embraced Islam and they bring meat, and we do not know whether they had mentioned Allah's Name while slaughtering the animals or not." The Prophet said, "You should mention Allah's Name and eat."

Yahya related to me from Ibn Shihab from Abu Idris al-Khawlani from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The person doing wudu should snuff water up his nose and blow it out again."

Yahya related to me from Malik from Damra ibn Said al-Mazini from Aban ibn Uthman that Uthman ibn Affan ate bread and meat, rinsed his mouth out, washed his hands and wiped his face with them, and then prayed without doing wudu.

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "Try to go straight, although you will not be able to do so. Act, and the best of your actions is the prayer. And only a mumin is constant in his wudu."

Yahya related to me from Malik that Ibn Shihab said, "The Messenger of Allah, may Allah bless him and grant him peace, only sacrificed one camel or one cow for himself and his family."

Malik said, "I do not know which of them Ibn Shihab said."

Abu Usaid As-Sa`idi came and invited Allah's Apostle on the occasion of his wedding. His wife who was the bride, was serving them. Do you know what drink she prepared for Allah's Apostle ? She had soaked some dates in water in a Tur overnight.

Once Gabriel promised to visit the Prophet but he delayed and the Prophet got worried about that. At last he came out and found Gabriel and complained to him of his grief (for his delay). Gabriel said to him, "We do not enter a place in which there is a picture or a dog."

The Prophet said, 'One of the sayings of the early Prophets which the people have got is: If you don't feel ashamed (from Haya': pious shyness from committing religeous indiscretions) do whatever you like." (See Hadith No 690, 691, Vol 4)

A man came to Allah's Apostle and said, "O Allah's Apostle! What do you say about a man who loves some people but cannot catch up with their good deeds?" Allah's Apostle said, "Everyone will be with those whom he loves."

Allah's Apostle said, "None of you should say: 'O Allah, forgive me if You wish; O Allah, be merciful to me if You wish,' but he should always appeal to Allah with determination, for nobody can force Allah to do something against His Will."

The Prophet said, "Some of my companions will come to me at my Lake Fount, and after I recognize them, they will then be taken away from me, whereupon I will say, 'My companions!' Then it will be said, 'You do not know what they innovated (new things) in the religion after you."

The Prophet used to say in his bowing and prostrations, "Subhanaka l-lahumma Rabbana wa bihamdika; Allahumma ghfir li.' (Exalted [from unbecoming attributes] Are you O Allah our Lord, and by Your praise [do I exalt you]. O Allah! Forgive me).

Abu Huraira said, "Allah's Apostle said, 'No one should prevent his neighbor from fixing a wooden peg in his wall." Abu Huraira said (to his companions), "Why do I find you averse to it? By Allah, I certainly will narrate it to you."

Al-Hasan bin 'All took a date from the dates of the Sadaqa and put it in his mouth. The Prophet said (to him) in Persian, "Kakh, kakh! (i.e. Don't you know that we do not eat the Sadaqa (i.e. what is given in charity) (charity is the dirt of the people)).

The Ansar said (to the Prophet ), "Please divide the date-palm trees between us and them (i.e. emigrants)." The Prophet said, "No." The Ansar said, "Let them (i.e. the emigrants) do the labor for us in the gardens and share the date-fruits with us." The emigrants said, "We accepted this."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

That the Messenger of Allah (saws) said: "Whoever spends the night with [a smell] on his hand and something happens to him, then let him not blame anyone but himself."

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it as a narration of Al-'Amash except through this route.

A man of Juhaynah told him that he had heard the Prophet (saws) reciting "When the earth is shaken" (Surah 99) in both rak'ahs of the morning prayer. But I do not know whether he had forgotten, or whether he recited it on purpose.

The Prophet (saws) said: One of you should not say: I fasted the whole of Ramadan, and I prayed during the night in the whole of Ramadan. I do not know whether he disliked the purification; or he (the narrator) said: He must have slept a little and taken rest.

The Prophet (saws) said: (the narrator Sufyan said: I do not know but that it [the tradition] has been transmitted from the Prophet (saws): He who lives in the desert will become rude; he who pursues the game will be negligent, and he who visits a king will be perverted.

The Prophet (saws) said: Probably you will fight with a people, you will dominate them, and they will save themselves and their children by their property. The version of Sa'id has You will then conclude peace with them. The agreed version goes: Then do no take anything from them more than that, for it is not proper for you.

The Prophet (saws) said: Let me not find one of you reclining on his couch when he hears something regarding me which I have commanded or forbidden and saying: We do not know. What we found in Allah's Book we have followed.