Yahya related to me from Malik from Nafi that Abdullah ibn Umar never used to do tawaf of the House or say between Safa and Marwa if he went into ihram in Makka until he had returned from Mina, nor would he hasten when doing tawaf of the House if he went into ihram in Makka.

I heard `Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta a to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property . So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle, said, "Hatib has told you the truth." `Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."

The Prophet, said, "There is none having a greater sense of Ghira than Allah. And for that He has forbidden the doing of evil actions (illegal sexual intercourse etc.) There is none who likes to be praised more than Allah does."

Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, told the people of Madina to enter ihram at Dhu'l-Hulayfa, the people of Syria to do so at al-Juhfa, and the people of Najd to do so at Qarn.'

Abdullah ibn Umar said, "I heard these three from the Messenger of Allah, may Allah bless him and grant him peace. I was also told that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The people of Yemen should enter ihram at Yalamlam.' "

One night the Prophet woke up, saying, "None has the right to be worshipped but Allah! How many afflictions have been sent down tonight, and how many treasures have been sent down (disclosed)! Who will go and wake up (for prayers) the lady dwellers of these rooms? Many well dressed soul (people) in this world, will be naked on the Day of Resurrection."

In the Pre-lslamic Period when the people assumed Ihram, they would enter their houses from the back. So Allah revealed:-- "And it is not righteousness that you enter houses from the back, but the righteous man is he who fears Allah, obeys His Orders and keeps away from what He has forbidden. So enter houses through their doors." (2.189)

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

The Prophet said, "There is none having a greater sense of Ghira than Allah, and for that reason He has forbidden shameful deeds and sins (illegal sexual intercourse etc.) And there is none who likes to be praised more than Allah does." (See Hadith No. 147, Vol. 7)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "Someone who does not stand at Arafa on the night of Muzdalifa before the dawn breaks has missed the hajj, and someone who stands at Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj."

If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse, he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, since he was a child of fornication whether his mother was free or a slave.

Along with the Messenger of Allah (saws) we besieged the palace of at-Ta'if. The narrator, Mutadh, said: I heard my father (sometimes) say: "Palace of at-Ta'if," and (sometimes) "Fort of at-Ta'if," which are the same.

I heard the Messenger of Allah (saws) say: he who causes an arrow to hit its mark in Allah's cause will have it counted as a degree for him (in Paradise). He then transmitted the rest of the tradition.

I heard the Messenger of Allah (saws) say: If a Muslim man emancipates a Muslim man, Allah, the Exalted, will make every bone of his protection for every bone of his emancipator from Hell; and if a Muslim woman emancipates a Muslim woman, Allah will make every bone of hers protection for every bone of her emancipator from Hell on the Day of Resurrection.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

" We were accompanying a funeral procession in Baqi-I-Gharqad. The Prophet came to us and sat and we sat around him. He had a small stick in his hand then he bent his head and started scraping the ground with it. He then said, "There is none among you, and not a created soul, but has place either in Paradise or in Hell assigned for him and it is also determined for him whether he will be among the blessed or wretched." A man said, "O Allah's Apostle! Should we not depend on what has been written for us and leave the deeds as whoever amongst us is blessed will do the deeds of a blessed person and whoever amongst us will be wretched, will do the deeds of a wretched person?" The Prophet said, "The good deeds are made easy for the blessed, and bad deeds are made easy for the wretched." Then he recited the Verses:-- "As for him who gives (in charity) and is Allah-fearing And believes in the Best reward from Allah. " (92.5-6)

Yazid al-Farisi said: I heard Ibn Abbas say: I asked Uthman ibn Affan: What moved you to put the (Surah) al-Bara'ah which belongs to the mi'in (surahs) (containing one hundred verses) and the (Surah) al-Anfal which belongs to the mathani (Surahs) in the category of as-sab'u at-tiwal (the first long surah or chapters of the Qur'an), and you did not write "In the name of Allah, the Compassionate, the Merciful" between them?

Uthman replied: When the verses of the Qur'an were revealed to the Prophet (saws), he called someone to write them down for him and said to him: Put this verse in the surah in which such and such has been mentioned; and when one or two verses were revealed, he used to say similarly (regarding them). (Surah) al-Anfal is the first surah that was revealed at Medina, and (Surah) al-Bara'ah was revealed last in the Qur'an, and its contents were similar to those of al-Anfal. I, therefore, thought that it was a part of al-Anfal. Hence I put them in the category of as-sab'u at-tiwal (the seven lengthy surahs), and I did not write "In the name of Allah, the Compassionate, the Merciful" between them.

Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which ...

Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "I am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other, so I give judgement according to what I have heard from him. Whatever I decide for him which is part of the right of his brother, he must not take any of it, for I am granting him a portion of the Fire."

It was said to `Umar, "Will you appoint your successor?" `Umar said, "If I appoint a Caliph (as my successor) it is true that somebody who was better than I (i.e., Abu Bakr) did so, and if I leave the matter undecided, it is true that somebody who was better than I (i.e., Allah's Apostle) did so." On this, the people praised him. `Umar said, "People are of two kinds: Either one who is keen to take over the Caliphate or one who is afraid of assuming such a responsibility. I wish I could be free from its responsibility in that I would receive neither reward nor retribution I won't bear the burden of the caliphate in my death as I do in my life."

Yahya related to me from Malik that Ziyad ibn Abi Ziyad said that Abu'd-Darda had said, "Shall I not tell you the best of your deeds, and those that give you the highest rank, and those that are the purest with your King, and are better for you than giving gold and silver, and better for you than meeting your enemy and striking their necks?" They said, "Of course." He said, "Remembrance (dhikr) of Allah ta ala."

In the lifetime of the Prophet we used to give one Sa' of food or one Sa' of dates or one Sa' of barley or one Sa' of Raisins (dried grapes) as Sadaqat-ul-Fitr. And when Muawiya became the Caliph and the wheat was (available in abundance) he said, "I think (observe) that one Mudd (of wheat) equals two Mudds (of any of the above mentioned things).

The Messenger of Allah (saws) used to make supplication during the prayer saying: "O Allah, I seek refuge in Thee from the punishment of the grave; I seek refuge in Thee from the trial of the Antichrist; I seek refuge in Thee from the trial of life and the trial of death; O Allah, I seek refuge in Thee from sin and debt." Someone said to him: How often you seek refuge from debt! He replied: When a man is in debt, he talks and tells lies, makes promises and breaks them.

The Prophet said, "O Bani `Abd Munaf! Buy yourselves from Allah; O Bani `Abdul-Muttalib! Buy yourselves from Allah; O mother of Az-Zubair bin Al-Awwam, the aunt of Allah's Apostle, and O Fatima bint Muhammad! Buy yourselves from Allah, for I cannot defend you before Allah. You (both) can ask me from my property as much as you like. "

The Messenger of Allah (saws) performed four 'Umrahs all in Dhu al-Qa'dah except the one which he performed along with Hajj.

Abu Dawud said: From here the narrator Hudbah (b. Khalid) became certain. I heard it from Abu al-Walid , but I did nor retain: An 'Umrah, during the treaty of al-Hudaibiyyah, or from al-Hudaibiyyah ; and 'Umrat al-Qada' in Dhu al-Qa'dah, and an 'Umrah from al-Ji'ranah where he (the Prophet) distributed the booty of Hunain in Dhu al-Qa'dah, and an 'Umrah along with his Hajj.

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

Yahya related to me from Malik from Zayd ibn Aslam from his father that he said to Umar ibn al-Khattab, "There is a blind she- camel behind the house,'' soUmar said, "Hand it over to a household so that they can make (some) use of it." He said, "But she is blind." Umar replied, "Then put it in a line with other camels." He said, "How will it be able to eat from the ground?" Umar asked, "Is it from the livestock of the jizya or the zakat?" and Aslam replied, "From the livestock of the jizya." Umar said, "By AIIah, you wish to eat it." Aslam said, "It has the brand of the jizya on it." So Umar ordered it to be slaughtered. He had nine platters, and on each of the platters he put some of every fruit and delicacy that there was and then sent them to the wives of the Prophet, may Allah bless him and grant him peace, and the one he sent to his daughter Hafsa was the last of them all, and if there was any deficiency in any of them it was in Hafsa's portion.

"He put meat from the slaughtered animal on the platters and sent them to the wives of the Prophet, may Allah bless him and grant him peace, and he ordered what was left of the meat of the slaughtered animal to be prepared. Then he invited the Muhajirun and the Ansar to eat it."

Malik said, "I do not think that livestock should be taken from people who pay the jizya except as jizya."

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."