The Prophet (saws) said: If any of you prays two rak'ahs before the dawn prayer, he should lie at his right side.

Marwan ibn al-Hakam said to him: Is it not enough that one of us walks to the mosque until he lies at his right side? According to the version of Ubaydullah, he (AbuHurayrah) replied: No.

This statement (of AbuHurayrah) reached Ibn Umar. He said: AbuHurayrah exceed limits on himself. He was asked: Do you look askance at what he says? He replied: No, but he dared and we showed cowardice. This (criticism of Ibn Umar) reached AbuHurayrah. He said: What is my sin if I remembered and they forgot?

[Al-Bukhari and Muslim].

I was sitting in the company of the poor members of the emigrants. Some of them were sitting together because of lack of clothing while a reader was reciting to us. All of a sudden the Messenger of Allah (saws) came along and stood beside us. When the Messenger of Allah (saws) stood, the reader stopped and greeted him.

He asked: What were you doing? We said: Messenger of Allah! We had a reader who was reciting to us and we were listening to the Book of Allah, the Exalted.

The Messenger of Allah (saws) then said: Praise be to Allah Who has put among my people those with whom I have been ordered to stay. The Messenger of Allah (saws) then sat among us so as to be like one of us, and when he had made a sign with his hand they sat in a circle with their faces turned towards him.

The narrator said: I think that the Messenger of Allah (saws) did not recognize any of them except me.

The Messenger of Allah (saws) then said: Rejoice, you group of poor emigrants, in the announcement that you will have perfect light on the Day of Resurrection. You will enter Paradise half a day before the rich, and that is five hundred years.

While `Umar was at home in a state of fear, there came Al-`As bin Wail As-Sahmi Abu `Amr, wearing an embroidered cloak and a shirt having silk hems. He was from the tribe of Bani Sahm who were our allies during the pre-Islamic period of ignorance. Al-`As said to `Umar "What is wrong with you?" He said, "Your people claim that they would kill me if I become a Muslim." Al-`As said, "Nobody will harm you after I have given protection to you." So Al-`As went out and met the people streaming in the whole valley. He said, "Where are you going?" They said, "We want Ibn Al-Khattab who has embraced Islam." Al-`As said, "There is no way for anybody to touch him." So the people retreated.

He replied: Urwah ibn az-Zubayr reports a tradition from Sahl ibn Abi Hathmah on the authority of Zayd ibn Thabit who said: The people used to sell fruits before they were clearly in good condition. When the people cut off the fruits, and were demanded to pay the price, the buyer said: The fruits have been smitten by duman, qusham and murad fruit diseases on which they used to dispute. When their disputes which were brought to the Prophet (saws) increased, the Messenger of Allah (saws) said to them as an advice: No, do not sell fruits till they are in good condition, due to a large number of their disputes and differences.

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

I heard the Prophet seeking refuge with Allah from the punishment of the grave.

the mother of the believers: Allah's Apostle during his illness prayed at his house while sitting whereas some people prayed behind him standing. The Prophet beckoned them to sit down. On completion of the prayer, he said, 'The Imam is to be followed: bow when he bows, raise up your heads (stand erect) when he raises his head and when he says, 'Sami`a l-lahu liman hamidah' (Allah heard those who sent praises to Him) say then 'Rabbana wa laka l-hamd' (O our Lord! All the praises are for You), and if he prays sitting then pray sitting."

We emigrated with the Prophet (p.b.u.h) in Allah's cause, and so our reward was then surely incumbent on Allah. Some of us died and they did not take anything from their rewards in this world, and amongst them was Mustab bin `Umar; and the others were those who got their rewards. Mustab bin `Umar was martyred on the day of the Battle of Uhud and we could get nothing except his Burd to shroud him in. And when we covered his head his feet became bare and vice versa. So the Prophet ordered us to cover his head only and to put idhkhir (a kind of shrub) over his feet.

"The Messenger of Allah (saws) prohibited the price of the dog and the cat."

[Abu 'Eisa said:] There is some confusion (Idtirab) in the chain for this Hadith. The price of a cat is not correct. This Hadith has been reported from Al-A'mash, from some of his companions, from Jabir, and they caused some confusion for Al-A'mash in this narration.

There are those among the people of knowledge who disliked the price of a cat, and some of them permitted it. This is the view of Ahmad and Ishaq. It has been reported from Ibn Al-Fudail, from Al-A'mash, from Abu Hazim, from Abu Hurairah from the Prophet (saws), through other than this route.

That he went with Allah's Apostle to the house of Maimuna, who was his and Ibn `Abbas' aunt. He found with her a roasted mastigure which her sister Hufaida bint Al-Harith had brought from Najd. Maimuna presented the mastigure before Allah's Apostle who rarely started eating any (unfamiliar) food before it was described and named for him. (But that time) Allah's Apostle stretched his hand towards the (meat of the) mastigure whereupon a lady from among those who were present, said, "You should inform Allah's Apostle of what you have presented to him. O Allah's Apostle! It is the meat of a mastigure." (On learning that) Allah's Apostle withdrew his hand from the meat of the mastigure. Khalid bin Al-Walid said, "O Allah's Apostle! Is this unlawful to eat?" Allah's Apostle replied, "No, but it is not found in the land of my people, so I do not like it." Khalid said, "Then I pulled the mastigure (meat) towards me and ate it while Allah's Apostle was looking at me.

This hadith has been narrated on the authority of Jabir through another chain of transmitters, but with this difference that there is no mention of the Angels and the weeping of a female mourner.

Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.

Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "

Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad, and there remained for him some of his kitaba to pay and he left what would pay it, "The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained, so that the umm walad of their father was freed by their being set free."

Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free, "That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free, he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so, he does not have to free the slave, nor give the sadaqa unless he does it voluntarily from himself."

I swear by Allah, I heard the Messenger of Allah (saws) say: The happy man is he who avoids dissensions: happy is the man who avoids dissensions; happy is the man who avoids dissensions: but how fine is the man who is afflicted and shows endurance.

Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem.

He said: The third stage is that the Messenger of Allah (saws) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months.

Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition.

The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come."

The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185).

Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

On the authority of his father: I heard the Messenger of Allah (saws) say in the Farewell Pilgrimage: "Lo, all claims to usury of the pre-Islamic period have been abolished. You shall have your capital sums, deal not unjustly and you shall not be dealt with unjustly.

Lo, all claims for blood-vengeance belonging to the pre-Islamic period have been abolished. The first of those murdered among us whose blood-vengeance I remit is al-Harith ibn AbdulMuttalib, who suckled among Banu Layth and killed by Hudhayl."

He then said: O Allah, have I conveyed the message? They said: Yes, saying it three times. He then said: O Allah, be witness, saying it three times.

AbulAzhar al-Mughirah ibn Farwah said: Mu'awiyah stood among the people at Dayr Mustahill lying at the gate of Hims. He said: O people, we sighted the moon on such-and-such day. We shall fast in advance. Anyone who likes to do so may do it. Malik ibn Hubayrah as-Saba'i stood up and asked: Mu'awiyah, did you hear the Messenger of Allah (saws) say something (about this matter), or is this something on the basis of your opinion? He replied: I heard the Messenger of Allah (saws) as saying: Fast the month (in the beginning) and in the last.

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abu Hurayra and Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a slave-girl who committed fornication and was not muhsana. He said, "If she commits fornication, then flog her. If she commits fornication again, then flog her, and if she commits fornication again, then sell her, if only for a rope."

Ibn Shihab added, "I don't know whether it was three or four times."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar and Abu Hurayra were asked about a man who gave his wife power over herself, and she returned it to him without doing anything with it. They said that there was no divorce. (i.e. The man's giving his wife power over herself was not interpreted as a desire for divorce on his part.)

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar."

The Prophet (saws) said about a person who had intercourse with his wife while she was menstruating: He must give one dinar or half a dinar in alms.

Abu Dawud said: The correct version says si: One dinar or half a dinar. Shu'bah (a narrator) did not sometimes narrate this tradition as a statement of the Prophet (saws).

We said to the Prophet, "You send us out and it happens that we have to stay with people who do not entertain us. What do you think about it? He said to us, "If you stay with some people and they entertain you as they should for a guest, accept their hospitality, but if they don't, take the right of the guest from them."

I asked Aisha "What about His Statement:-- "Then he (Gabriel) approached And came closer, And was at a distance Of but two bow-lengths Or (even) nearer?" (53.8-9) She replied, "It was Gabriel who used to come to the Prophet in the figure of a man, but on that occasion, he came in his actual and real figure and (he was so huge) that he covered the whole horizon."

Yahya related to me from Malik that he heard that a beggar asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, for something while she was fasting and there was only a loaf of bread in her house. She said to her female mawla, "Give it to him." The mawla protested, "You will not have anything to break your fast with." A'isha repeated, "Give it to him," so she did so. When evening came, the people of a house or a man who did not usually give to them, gave them a sheep and some food to go with it. A'isha, umm al-muminin, called her mawla and said, "Eat from this. This is better than your loaf of bread."

Aflah, the brother of Abi Al-Qu`ais, asked permission to visit me after the order of Al-Hijab was revealed. I said, "I will not permit him unless I take permission of the Prophet about him for it was not the brother of Abi Al-Qu`ais but the wife of Abi Al-Qu`ais that nursed me." The Prophet entered upon me, and I said to him, "O Allah's Apostle! Aflah, the brother of Abi Al-Qu`ais asked permission to visit me but I refused to permit him unless I took your permission." The Prophet said, "What stopped you from permitting him? He is your uncle." I said, "O Allah's Apostle! The man was not the person who had nursed me, but the woman, the wife of Abi Al-Qu`ais had nursed me." He said, "Admit him, for he is your uncle. Taribat Yaminuki (may your right hand be saved)" `Urwa, the sub-narrator added: For that `Aisha used to say, "Consider those things which are illegal because of blood relations as illegal because of the corresponding foster relations."

We set out with Allah's Apostle shortly before the appearance of the new moon of Dhi-l-Hijja and he said, "Whoever wants to assume Ihram for `Umra may do so, and whoever wants to assume Ihram for Hajj may do so. Had not I brought the Hadi with me, I would have assumed Ihram for `Umra." Some of the people assumed Ihram for `Umra while others for Hajj. I was amongst those who had assumed Ihram for `Umra. I got my menses before entering Mecca, and was menstruating till the day of `Arafat. I complained to Allah's Apostle about it, he said, "Abandon your `Umra, undo and comb your hair, and assume Ihram for Hajj." So, I did that accordingly. When it was the night of Hasba (day of departure from Mina), the Prophet sent `Abdur Rahman with me to at-Tan`im. The sub-narrator adds: He (`Abdur-Rahman) let her ride behind him. And she assumed Ihram for `Umra in lieu of the abandoned one. Aisha completed her Hajj and `Umra, and no Hadi, Sadaqa (charity), or fasting was obligatory for her.

The Prophet used to say, "O Allah! I seek refuge with You from laziness and geriatric old age, from all kinds of sins and from being in debt; from the trial and affliction of the grave and from the punishment in the grave; from the affliction of the Fire and from the punishment of the Fire; and from the evil of the affliction of wealth; and I seek refuge with You from the affliction of poverty, and I seek refuge with You from the affliction of Al-Mesiah Ad-Dajjal. O Allah! Wash away my sins with the water of snow and hail, and cleanse my heart from all the sins as a white garment is cleansed from the filth, and let there be a long distance between me and my sins, as You made East and West far from each other."

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

Yahya related to me from Malik from al Ala ibn Abd ar-Rahman that his father said, "I asked Abu Said al-Khudri about the lower garment. He said that he would inform me with knowledge and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The lower garment of the mumin should reach to the middle of his calves. There is no harm in what is between that and the ankles. What is lower than that is in the Fire. What is lower than that is in the Fire. On the Day of Rising, Allah will not look at a person who trails his lower garment in arrogance.' "

Yahya related to me from Zayd ibn Aslam that his father said that he had heard Umar ibn al-Khattab say, "I once gave a noble horse to carry somebody in the way of Allah, and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, 'Do not buy it, even if he gives it to you for one dirham, for someone who takes back his sadaqa is like a dog swallowing its own vomit.' "

Once `Umar (bin Al-Khattab) said to the companions of the Prophet "What do you think about this Verse:--"Does any of you wish that he should have a garden?" They replied, "Allah knows best." `Umar became angry and said, "Either say that you know or say that you do not know!" On that Ibn `Abbas said, "O chief of the believers! I have something in my mind to say about it." `Umar said, "O son of my brother! Say, and do not under estimate yourself." Ibn `Abbas said, "This Verse has been set up as an example for deeds." `Umar said, "What kind of deeds?" Ibn `Abbas said, "For deeds." `Umar said, "This is an example for a rich man who does goods out of obedience of Allah and then Allah sends him Satan whereupon he commits sins till all his good deeds are lost."