Yahya related to me from Malik that he heard Ibn Shihab say, "The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth."

Malik said, "This is what is done among us."

Yahya related to me from Malik that

Yahya ibn Said heard Ata ibn Abi Rabah mentioning that the camel-herders were allowed to throw the stones at night, and saying that this was in the early period (of Islam).

Malik said, "The explanation of the hadith where the Messenger of Allah, may Allah bless him and grant him peace, allowed the camel-herders to delay the stoning of the jamras is, in our view, and Allah knows best, that they threw stones on the day of sacrifice, and then threw again two days later, which was the first possible day for leaving, and this throwing was for the day which had passed. They then threw again for the day itself, because it is only possible for someone to make up for something which is obligatory for him, and when something obligatory passes someone by (without him doing it) he must necessarily make it up afterwards (and not beforehand). So (in the case of the camel-herders), if it seemed appropriate for them to leave that day, they would have done all that they were supposed to do, and if they were to stay until the following day, they would throw stones with everybody else on the second and last day for leaving, and then leave."

Malik related to me from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, asked about a milk camel about to be milked, "Who milks this camel?" A man stood up. The Messenger of Allah, may Allah bless him and grant him peace, said, "What is your name?" The man said, "Murra (bitterness)." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Sit down." Then he said, "Who milks this one?" A man stood up and the Messenger of Allah, may Allah bless him and grant him peace, said, "What is your name?" He said, "Harb (war)." The Messenger of Allah, may Allah bless him and grant him peace, said, "Sit down." Then he said, "Who milks this camel?" A man stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "What is your name?" The man said, ''Yaish (he lives)." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Milk!"

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 Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."

Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."

Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, about sacrificial animals, "Six-year-old camels, three- year-old cows and sheep, or older than these."

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

On his father's authority, said that his grandfather said: A woman came to the Prophet (saws) and said: Messenger of Allah, I have taken a vow to play the tambourine over you.

He said: Fulfil your vow.

She said: And I have taken a vow to perform a sacrifice in such a such a place, a place in which people had performed sacrifices in pre-Islamic times.

He asked: For an Idol?

She replied: No.

He asked: For an image?

She replied: No.

He said: Fulfil your vow.

Allah's Apostle sent me, Az-Zubair and Al-Miqdad saying, "Proceed till you reach Rawdat Khakh where there is a lady carrying a letter, and take that (letter) from her." So we proceeded on our way with our horses galloping till we reached the Rawda, and there we found the lady and said to her, "Take out the letter." She said, "I have no letter." We said, "Take out the letter, or else we will take off your clothes." So she took it out of her braid, and we brought the letter to Allah's Apostle . The letter was addressed from Hatib, bin Abi Balta'a to some pagans of Mecca, telling them about what Allah's Apostle intended to do. Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Do not make a hasty decision about me. I was a person not belonging to Quraish but I was an ally to them from outside and had no blood relation with them, and all the Emigrants who were with you, have got their kinsmen (in Mecca) who can protect their families and properties. So I liked to do them a favor so that they might protect my relatives as I have no blood relation with them. I did not do this to renegade from my religion (i.e. Islam) nor did I do it to choose Heathenism after Islam." Allah's Apostle said to his companions." As regards him, he (i.e. Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop off the head of this hypocrite!" The Prophet said, "He (i.e. Hatib) has witnessed the Badr battle (i.e. fought in it) and what could tell you, perhaps Allah looked at those who witnessed Badr and said, "O the people of Badr (i.e. Badr Muslim warriors), do what you like, for I have forgiven you. "Then Allah revealed the Surah: "O you who believe! Take not my enemies And your enemies as friends offering them (Your) love even though they have disbelieved in that Truth (i.e. Allah, Prophet Muhammad and this Qur'an) which has come to you ....(to the end of Verse)....(And whosoever of you (Muslims) does that, then indeed he has gone (far) astray (away) from the Straight Path." (Quran 60.1)

My Ansari neighbor from Bani Umaiya bin Zaid who used to live at `Awali Al-Medina and used to visit the Prophet by turns. He used to go one day and I another day. When I went I used to bring the news of that day regarding the Divine Inspiration and other things, and when he went, he used to do the same for me. Once my Ansari friend, in his turn (on returning from the Prophet), knocked violently at my door and asked if I was there." I became horrified and came out to him. He said, "Today a great thing has happened." I then went to Hafsa and saw her weeping. I asked her, "Did Allah's Apostle divorce you all?" She replied, "I do not know." Then, I entered upon the Prophet and said while standing, "Have you divorced your wives?" The Prophet replied in the negative. On that I said, "Allahu-Akbar (Allah is Greater)." (See Hadith No. 119, Vol. 3 for details)

I came upon Allah's Apostle when he was at Al-Batha. He asked me, "Have you intended to perform the Hajj?" I replied in the affirmative. He asked, "For what have you assumed lhram?" I replied," I have assumed Ihram with the same intention as that of the Prophet ." The Prophet said, "You have done well! Go and perform Tawaf round the Ka`ba and between Safa and Marwa." Then I went to one of the women of Bani Qais and she took out lice from my head. Later, I assumed the Ihram for Hajj. So, I used to give this verdict to the people till the caliphate of `Umar. When I told him about it, he said, "If we take (follow) the Holy Book, then it orders us to complete Hajj and `Umra (Hajj-at- Tamattu`) and if we follow the tradition of Allah's Apostle then Allah's Apostle did not finish his lhram till the Hadi had reached its destination (had been slaughtered). (i.e. Hajj-al-Qiran). (See Hadith No. 630)

Urwa bin Az-Zubair and I entered the Mosque (of the Prophet) and saw `Abdullah bin `Umar sitting near the dwelling place of Aisha and some people were offering the Duha prayer. We asked him about their prayer and he replied that it was a heresy. He (Urwa) then asked him how many times the Prophet had performed `Umra. He replied, 'Four times; one of them was in the month of Rajab." We disliked to contradict him. Then we heard `Aisha, the Mother of faithful believers cleaning her teeth with Siwak in the dwelling place. 'Urwa said, "O Mother! O Mother of the believers! Don't you hear what Abu `Abdur Rahman is saying?" She said, "What does he say?" 'Urwa said, "He says that Allah's Apostle performed four `Umra and one of them was in the month of Rajab." `Aisha said, "May Allah be merciful to Abu `Abdur Rahman! The Prophet did not perform any `Umra except that he was with him, and he never performed any `Umra in Rajab."

A man came to Sahl bin Sa`d and said, "This is so-and-so," meaning the Governor of Medina, "He is calling `Ali bad names near the pulpit." Sahl asked, "What is he saying?" He (i.e. the man) replied, "He calls him (i.e. `Ali) Abu Turab." Sahl laughed and said, "By Allah, none but the Prophet called him by this name and no name was dearer to `Ali than this." So I asked Sahl to tell me more, saying, "O Abu `Abbas! How (was this name given to `Ali)?" Sahl said, "`Ali went to Fatima and then came out and slept in the Mosque. The Prophet asked Fatima, "Where is your cousin?" She said, "In the Mosque." The Prophet went to him and found that his (i.e. `Ali's) covering sheet had slipped of his back and dust had soiled his back. The Prophet started wiping the dust off his back and said twice, "Get up! O Abu Turab (i.e. O. man with the dust).

I sat in a gathering in which the chiefs of the Ansar were present, and `Abdur-Rahman bin Abu Laila was amongst them. I mentioned the narration of `Abdullah bin `Utba regarding the question of Subai'a bint Al-Harith. `Abdur-Rahman said, "But `Abdullah's uncle used not to say so." I said, "I am too brave if I tell a lie concerning a person who is now in Al-Kufa," and I raised my voice. Then I went out and met Malik bin 'Amir or Malik bin `Auf, and said, "What was the verdict of Ibn Mas`ud about the pregnant widow whose husband had died?" He replied, "Ibn Mas`ud said, 'Why do you impose on her the hard order and don't let her make use of the leave? The shorter Sura of women (i.e. Surat-at- Talaq) was revealed after the longer Sura (i.e. Surat-al-Baqara)." (i.e. Her 'Idda is up till she delivers.)

We were with the Prophet when suddenly there came to him a messenger from one of his daughters who was asking him to come and see her son who was dying. The Prophet said (to the messenger), "Go back and tell her that whatever Allah takes is His, and whatever He gives is His, and everything with Him has a limited fixed term (in this world). So order her to be patient and hope for Allah's reward." But she sent the messenger to the Prophet again, swearing that he should come to her. So the Prophet got up, and so did Sa`d bin 'Ubada and Mu`adh bin Jabal (and went to her). When the child was brought to the Prophet his breath was disturbed in his chest as if it were in a water skin. On that the eyes of the Prophet became flooded with tears, whereupon Sa`d said to him, "O Allah's Apostle! What is this?" The Prophet said, "This is mercy which Allah has put in the heart of His slaves, and Allah bestows His mercy only on those of His slaves who are merciful (to others)."

Zayd ibn Harithah went out to Mecca and brought the daughter of Hamzah with him. Then Ja'far said: I shall take her; I have more right to her; she is my uncle's daughter and her maternal aunt is my wife; the maternal aunt is like mother. Ali said: I am more entitled to take her. She is my uncle's daughter. The daughter of the Messenger of Allah (saws) is my wife, and she has more right to her. Zayd said: I have more right to her. I went out and journeyed to her, and brought her with me. The Prophet (saws) came out.

The narrator mentioned the rest of the tradition. He (i.e. the Prophet) said: As for the girl, I decided in favour of Ja'far. She will live with her maternal aunt. The maternal aunt is like mother.

Abu Dawud said: Mujahid reported on the authority of Ibn 'Abbas: When bathing became hard for her, he commanded her to combine the two prayers.

Abu Dawud said: Ibrahim reported it from Ibn 'Abbas. This is also the view of Ibrahim al-Nakha'i and 'Abd Allah b. Shaddad.

The Prophet (saws) entered al-Ji'ranah. He came to the mosque (there) and prayed as long as Allah desired; he then wore ihram. Then he rode his camel and faced Batn Sarif till he reached the way which leads to Medina. He returned from Mecca (at night to al-Ji'ranah) as if he had passed the night at Mecca.

AbuMalik heard the Messenger of Allah (saws) say: He who goes forth in Allah's path and dies or is killed is a martyr, or has his neck broken through being thrown by his horse or by his camel, or is stung by a poisonous creature, or dies on his bed by any kind of death Allah wishes is a martyr and will go to Paradise.

The Prophet (saws) appointed me to collect sadaqah and then said: Go, AbuMas'ud, I should not find you on the Day of Judgment carrying a camel of sadaqah on your back, which rumbles, the one you have taken by unfaithful dealing in sadaqah. He said: If it is so, I will not go. He said: Then I do not force you.

When Allah favored His Apostle with the properties of Hawazin tribe as Fai (booty), he started giving to some Quarries men even up to one-hundred camels each, whereupon some Ansari men said about Allah's Apostle, "May Allah forgive His Apostle! He is giving to (men of) Quraish and leaves us, in spite of the fact that our swords are still dropping blood (of the infidels)" When Allah's Apostle was informed of what they had said, he called the Ansar and gathered them in a leather tent and did not call anybody else along, with them. When they gathered, Allah's Apostle came to them and said, "What is the statement which, I have been informed, and that which you have said?" The learned ones among them replied," O Allah's Apostle! The wise ones amongst us did not say anything, but the youngsters amongst us said, 'May Allah forgive His Apostle; he gives the Quarish and leaves the Ansar, in spite of the fact that our swords are still dribbling (wet) with the blood of the infidels.' " Allah's Apostle replied, I give to such people as are still close to the period of Infidelity (i.e. they have recently embraced Islam and Faith is still weak in their hearts). Won't you be pleased to see people go with fortune, while you return with Allah's Apostle to your houses? By Allah, what you will return with, is better than what they are returning with." The Ansar replied, "Yes, O Allah's Apostle, we are satisfied' Then the Prophet said to them." You will find after me, others being preferred to you. Then be patient till you meet Allah and meet His Apostle at Al-Kauthar (i.e. a fount in Paradise)." (Anas added:) But we did not remain patient.

When Allah gave to His Apostle the war booty on the day of Hunain, he distributed that booty amongst those whose hearts have been (recently) reconciled (to Islam), but did not give anything to the Ansar. So they seemed to have felt angry and sad as they did not get the same as other people had got. The Prophet then delivered a sermon before them, saying, "O, the assembly of Ansar! Didn't I find you astray, and then Allah guided you on the Right Path through me? You were divided into groups, and Allah brought you together through me; you were poor and Allah made you rich through me." Whatever the Prophet said , they (i.e. the Ansar) said, "Allah and his Apostle have more favours to do." The Prophet said, "What stops you from answering the Apostle of Allah?" But whatever he said to them, they replied, "Allah and His Apostle have more favours to do." The Prophet then said, "If you wish you could say: 'You came to us in such-and-such state (at Medina).' Wouldn't you be willing to see the people go away with sheep and camels while you go with the Prophet to your homes? But for the migration, I would have been one of the Ansar, and if the people took their way through a valley or mountain pass, I would select the valley or mountain pass of the Ansar. The Ansar are Shiar (i.e. those clothes which are in direct contact with the body and worn inside the other garments), and the people are Dithar (i.e. those clothes which are not in direct contact with the body and are worn over other garments). No doubt, you will see other people favoured over you, so you should be patient till you meet me at the Tank (of Kauthar).