Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

' Aisha said, "We set out with Allah's Apostles in the months of Hajj, and (in) the nights of Hajj, and at the time and places of Hajj and in a state of Hajj. We dismounted at Sarif (a village six miles from Mecca). The Prophet then addressed his companions and said, "Anyone who has not got the Hadi and likes to do Umra instead of Hajj may do so (i.e. Hajj-al-Tamattu`) and anyone who has got the Hadi should not finish the Ihram after performing ' `Umra). (i.e. Hajj-al-Qiran). Aisha added, "The companions of the Prophet obeyed the above (order) and some of them (i.e. who did not have Hadi) finished their Ihram after Umra." Allah's Apostle and some of his companions were resourceful and had the Hadi with them, they could not perform Umra (alone) (but had to perform both Hajj and Umra with one Ihram). Aisha added, "Allah's Apostle came to me and saw me weeping and said, "What makes you weep, O Hantah?" I replied, "I have heard your conversation with your companions and I cannot perform the Umra." He asked, "What is wrong with you?' I replied, ' I do not offer the prayers (i.e. I have my menses).' He said, ' It will not harm you for you are one of the daughters of Adam, and Allah has written for you (this state) as He has written it for them. Keep on with your intentions for Hajj and Allah may reward you that." Aisha further added, "Then we proceeded for Hajj till we reached Mina and I became clean from my menses. Then I went out from Mina and performed Tawaf round the Ka`ba." Aisha added, "I went along with the Prophet in his final departure (from Hajj) till he dismounted at Al-Muhassab (a valley outside Mecca), and we too, dismounted with him." He called ' `Abdur-Rahman bin Abu Bakr and said to him, ' Take your sister outside the sanctuary of Mecca and let her assume Ihram for ' `Umra, and when you had finished ' `Umra, return to this place and I will wait for you both till you both return to me.' " ' Aisha added, " So we went out of the sanctuary of Mecca and after finishing from the ' `Umra and the Tawaf we returned to the Prophet at dawn. He said, 'Have you performed the ' `Umra?' We replied in the affirmative. So he announced the departure amongst his companions and the people set out for the journey, and the Prophet: too left for Medina.''

Abu Dawud said: This woman was the wife of Abu Dharr.

I heard the Messenger of Allah (saws) say: Allah, Most High, will cause three persons to enter Paradise for one arrow: the maker when he has a good motive in making it, the one who shoots it, and the one who hands it; so shoot and ride, but your shooting is dearer to me than your riding. Everything with which a man amuses himself is vain except three (things): a man's training of his horse, his playing with his wife, and his shooting with his bow and arrow. If anyone abandons archery after becoming an adept through distaste for it, it is a blessing he has abandoned; or he said: for which he has been ungrateful.

While I was a companion rider with the Prophet he said, "O Mu`adh!" I replied, "Labbaik wa Sa`daik." He repeated this call three times and then said, "Do you know what Allah's Right on His slaves is?" I replied, "No." He said, Allah's Right on His slaves is that they should worship Him (Alone) and should not join partners in worship with Him." He said, "O Mu`adh!" I replied, "Labbaik wa Sa`daik." He said, "Do you know what the right of (Allah's) salves on Allah is, if they do that (worship Him Alone and join none in His worship)? It is that He will not punish them." (another chain through Mu'adh)

"The Messenger of Allah (saws) took the hand of a leper and put it in the Qas'ah. Then he said: 'Eat in Allah's Name, trusting in Allah and relying upon Him.'"

[Abu 'Eisa said:] This is a Gharib Hadith, we do not know of it except through the report of Yunus bin Muhammad, from Al-Mufaddal bin Fadalah, a Shaikh from Al-Basrah. There is another Shaikh from Al-Basrah named Al-Mufaddal bin Fadalah, who is more reliable han this one and more popular. Shu'bah reported this Hadith from Habib bin Ash-Shahid, from Ibn Buraidah: "That Ibn 'Umar took the hand of a leper" and the narration of Shu'bah is more appropriate to me and more correct.

I heard the Messenger of Allah (saws) delivering Khutbah during the farewell Hajj, and he was wearing a Burd which he had wrapped from under his armpit." She said: "I was look at muscle of his upper arm quivering and I heard him saying: O you people! Have Taqwa of Allah. If a mutilated Ethiopian slave is put in command over you, then listen to him and obey him, as long as he upholds the Book of Allah among you.'"

[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah and 'Irbad bin Sariyah. This Hadith is Hasan Sahih, it has been reported through other routes from Umm Husain.

Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furaya bint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum, (which is 6 miles from Madina), and they had killed him.

She said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me in a dwelling which belonged to him, and had left me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said,'Yes.' So I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, 'What did you say?' I repeated the story about my husband. He said, 'Stay in your house until what is written reaches its term.' I did the idda in the house for four months and ten days."

She added, "When Uthman ibn Affan sent for me, I told him that, and he followed it and made decisions by it."

Sulayman ibn AbuAbdullah said: I saw Sa'd ibn AbuWaqqas seized a man hunting in the sacred territory of Medina which the Messenger of Allah (saws) had declared to be sacred. He took away his clothes from him. His patrons came to him and spoke to him about it, but he replied: The Messenger of Allah (saws) declared this territory to be sacred, saying: If anyone catches someone hunting in it he should take away from him his clothes. So I shall not return to you a provision which the Messenger of Allah (saws) has given me, but if you wish I shall pay you its price.

Some slaves (of the unbelievers) went out to the Messenger of Allah (saws) on the day of al-Hudaybiyyah before treaty. Their masters wrote to him saying: O Muhammad, they have not gone out to you with an interest in your religion, but they have gone out to escape from slavery. Some people said: They have spoken the truth, Messenger of Allah, send them back to them. The Messenger of Allah (saws) became angry and said: I do not see your restraining yourself from this action), group of Quraysh, but that Allah send someone to you who strike your necks. He then refused to return them, and said: They are emancipated (slaves) of Allah, the Exalted.

The Messenger of Allah (saws) concluded peace with the people of Najran on condition that they would pay to Muslims two thousand suits of garments, half of Safar, and the rest in Rajab, and they would lend (Muslims) thirty coats of mail, thirty horses, thirty camels, and thirty weapons of each type used in battle. Muslims will stand surely for them until they return them in case there is any plot or treachery in the Yemen. No church of theirs will be demolished and no clergyman of theirs will be turned out. There will be no interruption in their religion until they bring something new or take usury. Isma'il said: They took usury.

Abu Dawud said: If they violate any provision of the treaty, they will be deemed as bringing something new.

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "It used to be that a man would divorce his wife and then return to her before her idda was over, and that was alright, even if he divorced her a thousand times. The man went to his wife and then divorced her and when the end of her idda was in sight, he took her back and then divorced her and said, 'No! By Allah, I will not go to you and you will never be able to marry again.' Allah, the Blessed, the Exalted, sent down, 'Divorce is twice, then honourable retention or setting free kindly.' People then turned towards divorce in a new light from that day whether or not they were divorced or not divorced."

I of all the people know best this verse of Al-Hijab. When Allah's Apostle married Zainab bint Jahsh she was with him in the house and he prepared a meal and invited the people (to it). They sat down (after finishing their meal) and started chatting. So the Prophet went out and then returned several times while they were still sitting and talking. So Allah revealed the Verse: 'O you who believe! Enter not the Prophet's houses until leave is given to you for a meal, (and then) not (so early as) to wait for its preparation .....ask them from behind a screen.' (33.53) So the screen was set up and the people went away.

`Aisha said, "The Jews came to the Prophet and said to him, "As-Samu 'Alaika (i.e., Death be upon you)." He replied, 'The same on you.' " `Aisha said to them, "Death be upon you, and may Allah curse you and shower His wrath upon you!" Allah's Apostle I said, "Be gentle and calm, O `Aisha! Be gentle and beware of being harsh and of saying evil things." She said, "Didn't you hear what they said?" He said, "Didn't you hear what I replied (to them)? have returned their statement to them, and my invocation against them will be accepted but theirs against me will not be accepted."

We gave the Pledge of allegiance to the Prophet and he recited to me the verse (60.12). That they will not associate anything in worship with Allah (60.12). And he also prevented us from wailing and lamenting over the dead. A woman from us held her hand out and said, "Such-and-such a woman cried over a dead person belonging to my family and I want to compensate her for that crying" The Prophet did not say anything in reply and she left and returned. None of those women abided by her pledge except Um Sulaim, Um Al-`Ala', and the daughter of Abi Sabra, the wife of Al-Mu`adh or the daughter of Abi Sabra, and the wife of Mu`adh.

Ibn `Abbas was asked, "Did you offer the Id prayer with the Prophet?" He said, "Yes, had it not been for my close relation to the Prophet, I would not have performed it (with him) because of my being too young The Prophet came to the mark which is near the home of Kathir bin As-Salt and offered the Id prayer and then delivered the sermon. I do not remember if any Adhan or Iqama were pronounced for the prayer. Then the Prophet ordered (the women) to give alms, and they started stretching out their hands towards their ears and throats (giving their ornaments in charity), and the Prophet ordered Bilal to go to them (to collect the alms), and then Bilal returned to the Prophet.

Allah's Apostle sent the brother of the tribe of Bani Adi Al-Ansari as governor of Khaibar. Then the man returned, bringing Janib (a good kind of date). Allah's Apostle asked him, "Are all the dates of Khaibar like that?" He replied, "No, by Allah, O Allah's Apostle! We take one Sa' of these (good) dates for two Sas of mixed dates." Allah's Apostle then said, "Do not do so. You should either take one Sa of this (kind) for one Sa' of the other; or sell one kind and then buy with its price the other kind (of dates), and you should do the same in weighing."

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, "One of the companions of the Messenger of Allah, may Allah bless him and grant him peace, came into the mosque on the day of jumua and Umar ibn al Khattab was already giving the khutba. Umar said, 'What (kind of) time is this (to arrive)?' He said, Amir al- muminin, I returned from the market and heard the call to prayer, so I did no more than do wudu.' Umar said, 'You only did wudu as well? You know that the Messenger of Allah, may Allah bless him and grant him peace, used to tell people to do ghusl.' "

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

The Prophet (p.b.u.h) said, "The first thing that we should do on this day of ours is to pray and then return to slaughter the sacrifice. So anyone who does so, he acted according to our Sunna (tradition), and whoever slaughtered the sacrifice before the prayer, it was just meat which he presented to his family and would not be considered as Nusuk." A person from the Ansar named Abu Burda bin Niyyar said, "O Allah's Apostle! I slaughtered the Nusuk (before the prayer) but I have a young shegoat which is better than an older sheep." The Prophet I said, "Sacrifice it in lieu of the first, but it will be not sufficient (as a sacrifice) for anybody else after you."

`Abdullah bin `Umar used to send the weak among his family early to Mina. So they used to depart from Al-Mash'ar Al-Haram (that is Al-Muzdalifa) at night (when the moon had set) and invoke Allah as much as they could, and then they would return (to Mina) before the Imam had started from Al- Muzdalifa to Mina. So some of them would reach Mina at the time of the Fajr prayer and some of them would come later. When they reached Mina they would throw pebbles on the Jamra (Jamrat-Al- `Aqaba) Ibn `Umar used to say, "Allah's Apostle gave the permission to them (weak people) to do so."

When the Prophet set out for (the battle of) Uhud, some of those who had gone out with him, returned. The companions of the Prophet were divided into two groups. One group said, "We will fight them (i.e. the enemy)," and the other group said, "We will not fight them." So there came the Divine Revelation:-- '(O Muslims!) Then what is the matter within you that you are divided. Into two parties about the hypocrites? Allah has cast them back (to disbelief) Because of what they have earned.' (4.88) On that, the Prophet said, "That is Taiba (i.e. the city of Medina) which clears one from one's sins as the fire expels the impurities of silver."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

We were in the city of Al-Ahwaz on the bank of a river which had dried up. Then Abu Barza Al- Aslami came riding a horse and he started praying and let his horse loose. The horse ran away, so Abu Barza interrupted his prayer and went after the horse till he caught it and brought it, and then he offered his prayer. There was a man amongst us who was (from the Khawari) having a different opinion. He came saying. "Look at this old man! He left his prayer because of a horse." On that Abu Barza came to us and said, "Since the time I left Allah's Apostle, nobody has admonished me; My house is very far from this place, and if I had carried on praying and left my horse, I could not have reached my house till night." Then Abu Barza mentioned that he had been in the company of the Prophet, and that he had seen his leniency.

Ibn `Abbas said, "When the ailment of the Prophet became worse, he said, 'Bring for me (writing) paper and I will write for you a statement after which you will not go astray.' But `Umar said, 'The Prophet is seriously ill, and we have got Allah's Book with us and that is sufficient for us.' But the companions of the Prophet differed about this and there was a hue and cry. On that the Prophet said to them, 'Go away (and leave me alone). It is not right that you should quarrel in front of me." Ibn `Abbas came out saying, "It was most unfortunate (a great disaster) that Allah's Apostle was prevented from writing that statement for them because of their disagreement and noise. (Note: It is apparent from this Hadith that Ibn `Abbas had witnessed the event and came out saying this statement. The truth is not so, for Ibn `Abbas used to say this statement on narrating the Hadith and he had not witnessed the event personally. See Fath Al-Bari Vol. 1, p.220 footnote.) (See Hadith No. 228, Vol. 4).

"When the Prophet (saws) arrived in Al-Madinah, they were paying in advance for fruits. So he said: 'Whoever pays in advance, then let him pay in advance for known measurements (of dates), and known weights for a specified period of time.'"

He said: There are narrations on this topic from Ibn Abi Awfa and 'Abdur-Rahman bin Abza.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They allow for advanced payments on food, garments and other things in which the limits and description are known. They differed over delay in delivery of animals. Some of the people of knowledge among the Companions of the Prophet (saws) and others thought that delay in delivery of animals is allowed. This is the view of Ash-Shafi'i, Ahmad and Ishaq. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked delay in delivery of animals. This is the saying of Sufyan and the people of Al-Kufah. And Abu Al-Minhal's (a narrator) name is 'Abdur-Rahman bin Mut'im.

Malik said, "The recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of, according to the amount of capital. That is, when he travels to do the work and the capital can support it. If he remains with his people, he does not have expenses or clothing from the capital."

Malik said, "There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both."

Malik said, "There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions."

Malik spoke about an investor making a qirad loan to a man and his slave, to be used by both. He said, "That is permitted, and there is no harm in it because the profit is property for his slave, and the profit is not for the master until he takes it from him. It is like the rest of his earnings."

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."

Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.

Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "

Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.

Malik said, "Three is the most preferable to me of what I have heard on that."

Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."

When `Abdur-Rahman bin `Auf married an Ansari woman, the Prophet asked him, "How much Mahr did you give her?" `Abdur-Rahman said, "Gold equal to the weight of a date stone." Anas added: When they (i.e. the Prophet and his companions) arrived at Medina, the emigrants stayed at the Ansar's houses. `Abdur-Rahman bin `Auf stayed at Sa`d bin Ar-Rabi's house. Sa`d said to `Abdur- Rahman, "I will divide and share my property with you and will give one of my two wives to you." `Abdur-Rahman said, "May Allah bless you, your wives and property (I am not in need of that; but kindly show me the way to the market)." So `Abdur-Rahman went to the market and traded there gaining a profit of some dried yoghurt and butter, and married (an Ansari woman). The Prophet said to him, "Give a banquet, even if with one sheep."

He also said, "If people knew what there was in the call to prayer and the first row, and they could find no other way except to draw lots for it, they would draw lots for it. And if they knew what there was in doing dhuhr at its time, they would race each other to it. And if they knew what there was in the prayers of isha and maghrib, they would come to them even if they had to crawl .

Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi said, "I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question Abdullah ibn Umar and I went with him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from which she was unable to go on.'~

Yahya said that he had heard Malik say, "I think that she must sacrifice an animal."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar- Rahman said the same as Abdullah ibn Umar.

(on the authority of his father) My uncle used to perform ablution extravagantly and once he asked `Abdullah bin Zaid to tell him how he had seen the Prophet performing ablution. He asked for an earthenware pot containing water, and poured water from it on his hands and washed them thrice, and then put his hand in the earthenware pot and rinsed his mouth and washed his nose by putting water in it and then blowing it out thrice with one handful of water; he again put his hand in the water and took a handful of water and washed his face thrice, then washed his hands up to the elbows twice, and took water with his hand, and passed it over his head from front to back and then from back to front, and then washed his feet (up to the ankles) and said, "I saw the Prophet performing ablution in that way."

The angel of death was sent to Moses and when he went to him, Moses slapped him severely, spoiling one of his eyes. The angel went back to his Lord, and said, "You sent me to a slave who does not want to die." Allah restored his eye and said, "Go back and tell him (i.e. Moses) to place his hand over the back of an ox, for he will be allowed to live for a number of years equal to the number of hairs coming under his hand." (So the angel came to him and told him the same). Then Moses asked, "O my Lord! What will be then?" He said, "Death will be then." He said, "(Let it be) now." He asked Allah that He bring him near the Sacred Land at a distance of a stone's throw. Allah's Apostle (p.b.u.h) said, "Were I there I would show you the grave of Moses by the way near the red sand hill."

Abu Dawud said: Ibn Numair transmitted it from al-A'mash in a similar way.

Abu Dawud said: In a similar way of Ibn 'Uyainah also transmitted it from 'Ali b. Zaid, from al-Qasim b. Rab'iah, from Ibn 'Umar, from the Prophet (saws) ; and Ayyub al-Sukhtiyani transmitted it from al-Qasim b. Rabi'ah from 'Abd Allah b. 'Amr like the tradition of Khalid. Hammad b. Salamah also transmitted it from 'Ali b. Zaid, from Ya'qub al-Sadusi, on the authority of 'Abd Allah b. 'Amr from the Prophet (saws). The statements of Zaid and of Abu Musa are similar to the tradition of the Prophet (saws) and to the tradition of 'Umar (Allah be pleased with him.)

The Prophet (saws) as saying: In the morning alms are due for every bone in man's body. His salutation to everyone he meets is alms, his enjoining good is alms, his forbidding what is evil is alms, the removal of harmful thing from the way is alms, to have sexual intercourse with one's wife if alms, and two rak'ahs which one prays in the Duha serve instead of that.

Abu Dawud said: The tradition narrated by 'Abbad is more perfect (than the version narrated by Musaddad). Musaddad did not mention in his version "the command (of good) and the prohibition (of evil)". Instead, he added in his version saying: "Such and such." Ibn Ma'na added in his version: "They (the people) said: Messenger of Allah, how is that one of us fulfills his desire and still there are alms for him (i.e. is rewarded)? He replied: What do you think if you had unlawful sexual intercourse, would he not have been a sinner ?