Malik said, "There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night."

Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting."

"There is, however, a distinction between the marriage of someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different."

"This is the sunna as it has come down to us regarding marriage for those who are muhrim, doing itikaf, or fasting.

Safiya got her menses on the night of Nafr (departure from Hajj), and she said, "I see that I will detain you." The Prophet said, "Aqra Halqa! Did she perform the Tawaf on the Day of Nahr (slaughtering)?" Somebody replied in the affirmative. He said, "Then depart." (Different narrators mentioned that) `Aisha said, "We set out with Allah''s Apostle (from Medina) with the intention of performing Hajj only. When we reached Mecca, he ordered us to finish the Ihram. When it was the night of Nafr (departure), Safiya bint Huyay got her menses. The Prophet said, "Halqa Aqra! I think that she will detain you," and added, "Did you perform the Tawaf (Al-Ifada) on the Day of Nahr (slaughtering)?" She replied, "Yes." He said, "Then depart." I said, "O Allah''s Apostle! I have not (done the Umra)." He replied, "Perform `Umra from Tan`im." My brother went with me and we came across the Prophet in the last part of the night. He said, "Wait at such and such a place."

`Abdullah bin Al-Abbas and Al-Miswar bin Makhrama differed at Al-Abwa'; Ibn `Abbas said that a Muhrim could wash his head; while Al-Miswar maintained that he should not do so. `Abdullah bin `Abbas sent me to Abu Aiyub Al-Ansari and I found him bathing between the two wooden posts (of the well) and was screened with a sheet of cloth. I greeted him and he asked who I was. I replied, "I am `Abdullah bin Hunain and I have been sent to you by Ibn `Abbas to ask you how Allah's Apostle used to wash his head while in the state of lhram." Abu Aiyub Al-Ansari caught hold of the sheet of cloth and lowered it till his head appeared before me, and then told somebody to pour water on his head. He poured water on his head, and he (Abu Aiyub) rubbed his head with his hands by bringing them from back to front and from front to back and said, "I saw the Prophet doing like this."

Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."

Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."

I came to the Holy Prophet (saws) when he was in Arafat. Some people or a group of people came from Najd. They commanded someone (to ask the Prophet about hajj).

So he called the Messenger of Allah (saws), saying: How is the hajj done? He (the Prophet) ordered a man (to reply). He shouted loudly: The hajj, the hajj is on the day of Arafah. If anyone comes over there before the dawn prayer on the night of al-Muzdalifah, his hajj will be complete. The period of halting at Mina is three days. Then whoever hastens (his departure) by two days, it is no sin for him, and whoever delays it there is no sin for him.

The narrator said: He (the Prophet) then put a man behind him on the camel. He began to proclaim this loudly.

Abu Dawud said: This tradition has been narrated by Mahran from Sufyan in a similar way. This version adds: The Hajj, the Hajj, twice. The version narrated by Yaya b. Sa'id al-Qattan has the words: The Hajj only once.

I bought something from the Prophet (saws) before he received his Prophetic commission, and as there was something still due to him I promised him that I would bring it to him at his place, but I forgot. When I remembered three days later, I went to that place and found him there. He said: You have vexed me, young man. I have been here for three days waiting for you.

Abu Dawud said: Muhammad b. Yahya said : This is, in our opinion, 'Abd al-Karim b. 'Abd Allah b. Shaqiq (instead of "from 'Abd al-Karim from 'Abd Allah b. Shaqiq").

Abu Dawud said: In a similar way I have been informed by 'Ali b. 'Abd Allah.

Abu Dawud said: I have been told that Bishr b. al-Sarri transmitted it from 'Abd Allah b. Shaqiq.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."

Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts."

Yahya related to me from Malik that Yahya ibn Said heard Jamil ibn Abd ar-Rahman the Muadhdhin say to Said ibn al-Musayyab, "I am a man who buys whatever Allah wills of the receipts for the provisions which people are offered at al-Jar. I want to take payment for goods that I guarantee to deliver at a future date." Said said to him, "Do you intend to settle these things with receipts for provisions you have bought?" He said, "Yes." So he forbade that.

Malik said, "The generally agreed on way of doing things among us in which there is no dispute, about buying food - wheat, barley, durra-sorghum, pearl millet, or any pulse or anything resembling pulses on which zakat is obliged, or condiments of any sort - oil, ghee, honey, vinegar, cheese, sesame oil, milk and so on, is that the buyer should not re- sell any of that until he has taken possession and complete delivery of it.

Aisha said that whenever the Prophet intended to go on a journey, he drew lots among his wives (so as to take one of them along with him). During one of his journeys the lot fell on `Aisha and Hafsa. When night fell the Prophet would ride beside `Aisha and talk with her. One night Hafsa said to `Aisha, "Won't you ride my camel tonight and I ride yours, so that you may see (me) and I see (you) (in new situation)?" `Aisha said, "Yes, (I agree.)" So `Aisha rode, and then the Prophet came towards `Aisha's camel on which Hafsa was riding. He greeted Hafsa and then proceeded (beside her) till they dismounted (on the way). `Aisha missed him, and so, when they dismounted, she put her legs in the Idhkhir and said, "O Lord (Allah)! Send a scorpion or a snake to bite me for I am not to blame him (the Prophet ).

A group of people from `Ukl (tribe) came to the Prophet and they were living with the people of As- Suffa, but they became ill as the climate of Medina did not suit them, so they said, "O Allah's Apostle! Provide us with milk." The Prophet said, I see no other way for you than to use the camels of Allah's Apostle." So they went and drank the milk and urine of the camels, (as medicine) and became healthy and fat. Then they killed the shepherd and took the camels away. When a help-seeker came to Allah's Apostle, he sent some men in their pursuit, and they were captured and brought before mid day. The Prophet ordered for some iron pieces to be made red hot, and their eyes were branded with them and their hands and feet were cut off and were not cauterized. Then they were put at a place called Al- Harra, and when they asked for water to drink they were not given till they died. (Abu Qilaba said, "Those people committed theft and murder and fought against Allah and His Apostle.")

I asked `Aisha the wife of the Prophet about the meaning of the following Verse: -- "(Respite will be granted) 'Until when the apostles give up hope (of their people) and thought that they were denied (by their people)..............."(12.110) `Aisha replied, "Really, their nations did not believe them." I said, "By Allah! They were definite that their nations treated them as liars and it was not a matter of suspecting." `Aisha said, "O 'Uraiya (i.e. `Urwa)! No doubt, they were quite sure about it." I said, "May the Verse be read in such a way as to mean that the apostles thought that Allah did not help them?" Aisha said, "Allah forbid! (Impossible) The Apostles did not suspect their Lord of such a thing. But this Verse is concerned with the Apostles' followers who had faith in their Lord and believed in their apostles and their period of trials was long and Allah's Help was delayed till the apostles gave up hope for the conversion of the disbelievers amongst their nation and suspected that even their followers were shaken in their belief, Allah's Help then came to them."

Yahya related to me from Malik from Yahya ibn Said from Said al- Maqburi from Abdullah ibn Abi Qatada that his father had said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expectant for reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or commanded him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for the debt. Jibril said that to me."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

I was sitting with some of the companions of Allah's Apostle and we were discussing about the way of praying of the Prophet. Abu Humaid As-Sa`idi said, "I remember the prayer of Allah's Apostle better than any one of you. I saw him raising both his hands up to the level of the shoulders on saying the Takbir; and on bowing he placed his hands on both knees and bent his back straight, then he stood up straight from bowing till all the vertebrate took their normal positions. In prostrations, he placed both his hands on the ground with the forearms away from the ground and away from his body, and his toes were facing the Qibla. On sitting In the second rak`a he sat on his left foot and propped up the right one; and in the last rak`a he pushed his left foot forward and kept the other foot propped up and sat over the buttocks."

While I was on my way, all of a sudden I saw a shepherd driving his sheep, I asked him whose servant he was. He replied that he was the servant of a man from Quraish, and then he mentioned his name and I recognized him. I asked, "Do your sheep have some milk?" He replied in the affirmative. I said, "Are you going to milk for me?" He replied in the affirmative. I ordered him and he tied the legs of one of the sheep. Then I told him to clean the udder (teats) of dust and to remove dust off his hands. He removed the dust off his hands by clapping his hands. He then milked a little milk. I put the milk for Allah's Apostle in a pot and closed its mouth with a piece of cloth and poured water over it till it became cold. I took it to the Prophet and said, "Drink, O Allah's Apostle!" He drank it till I was pleased.

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, Vol. 3 for details)

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "

Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."

Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."

Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."

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

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

That they visited Abu Sa`id Al-Khudri and asked him about Al-Harauriyya, a special unorthodox religious sect, "Did you hear the Prophet saying anything about them?" Abu Sa`id said, "I do not know what Al-Harauriyya is, but I heard the Prophet saying, "There will appear in this nation---- he did not say: From this nation ---- a group of people so pious apparently that you will consider your prayers inferior to their prayers, but they will recite the Qur'an, the teachings of which will not go beyond their throats and will go out of their religion as an arrow darts through the game, whereupon the archer may look at his arrow, its Nasl at its Risaf and its Fuqa to see whether it is blood-stained or not (i.e. they will have not even a trace of Islam in them).

While I was going with the Prophet through the ruins of Medina and he was reclining on a date-palm leaf stalk, some Jews passed by. Some of them said to the others: Ask him (the Prophet) about the spirit. Some of them said that they should not ask him that question as he might give a reply which would displease them. But some of them insisted on asking, and so one of them stood up and asked, "O Abul-Qasim ! What is the spirit?" The Prophet remained quiet. I thought he was being inspired Divinely. So I stayed till that state of the Prophet (while being inspired) was over. The Prophet then said, "And they ask you (O Muhammad) concerning the spirit --Say: The spirit -- its knowledge is with my Lord. And of knowledge you (mankind) have been given only a little)." (17.85)

That the Messenger of Allah (saws) said: "Whoever meets Allah without any traces from Jihad he meets Allah with a defect.

[Abu 'Eisa said:] This Hadith is Gharib as a narration of Al-Walid bin Muslim from Isma'il bin Rafi'. Isma'il bin Rafi' was graded weak by some of the people of Hadith. I heard Muhammad saying: "He is trustworthy, average (Muqarib) in Hadith."

This Hadith has been reported from Abu Hurairah from the Prophet (saws) through other than this route. Regarding the Hadith of Salman, its chain is not connected, Muhammad bin Al-Munkadir did not see Salman Al-Farisi.

This Hadith has been reported from Ayyub bin Musa, from Makhul, from Shurahbil bin As-Simt from Salman, from the Prophet (saws).

(describing the Fear prayer): The Imam stands up facing the Qibla and one batch of them (i.e. the army) (out of the two) prays along with him and the other batch faces the enemy. The Imam offers one rak`a with the first batch they themselves stand up alone and offer one bowing and two prostrations while they are still in their place, and then go away to relieve the second batch, and the second batch comes (and takes the place of the first batch in the prayer behind the Imam) and he offers the second rak`a with them. So he completes his two-rak`at and then the second batch bows and prostrates two prostrations (i.e. complete their second rak`a and thus all complete their prayer).

(This hadith has also been narrated through two other chain by Sahl b. Abi Hathma)

A lady came to Allah's Apostle and said, "O Allah's Apostle! I have come to you to offer myself to you." He raised his eyes and looked at her and then lowered his head. When the lady saw that he did not make any decision, she sat down. On that, a man from his companions got up and said. "O Allah's Apostle! If you are not in need of this woman, then marry her to me." Allah's Apostle said, "Do you have anything to offer her?" He replied. "No, by Allah, O Allah's Apostle!" The Prophet said to him, "Go to your family and see if you can find something.' The man went and returned, saying, "No, by Allah, O Allah's Apostle! I have not found anything." The Prophet said, "Try to find something, even if it is an iron ring.'' He went again and returned, saying, "No, by Allah, O Allah's Apostle, not even an iron ring, but I have this waist sheet of mine." The man had no upper garment, so he intended to give her, half his waist sheet. So Allah's Apostle said, ''What would she do with your waist sheet? If you wear it, she will have nothing of it over her body, and if she wears it, you will have nothing over your body." So that man sat for a long period and then got up, and Allah's Apostle saw him going away, so he ordered somebody to call him. When he came, the Prophet asked him, " How much of the Qur'an do you know?" He replied, "I know such Surat and such Surat and such Surat," and went on counting it, The Prophet asked him, "Can you recite it by heart?" he replied, "Yes." The Prophet said, "Go, I have married this lady to you for the amount of the Qur'an you know by heart."

A woman came to Allah's Apostle and said, "O Allah's Apostle! I have come to you to present myself to you (for marriage)." Allah's Apostle glanced at her. He looked at her carefully and fixed his glance on her and then lowered his head. When the lady saw that he did not say anything, she sat down. A man from his companions got up and said, "O Allah's Apostle! If you are not in need of her, then marry her to me." The Prophet said, "Have you got anything to offer." The man said, 'No, by Allah, O Allah's Apostle!" The Prophet said (to him), "Go to your family and try to find something." So the man went and returned, saying, "No, by Allah, O Allah's Apostle! I have not found anything." The Prophet said, "Go again and look for something, even if it were an iron ring." He went and returned, saying, "No, by Allah, O Allah's Apostle! I could not find even an iron ring, but this is my Izar (waist sheet).' He had no Rida (upper garment). He added, "I give half of it to her." Allah's Apostle said "What will she do with your Izar? If you wear it, she will have nothing over herself thereof (will be naked); and if she wears it, then you will have nothing over yourself thereof ' So the man sat for a long period and then got up (to leave). When Allah's Apostle saw him leaving, he ordered that he e called back. When he came, the Prophet asked (him), "How much of the Qur'an do you know (by heart)?" The man replied, I know such Sura and such Sura and such Sura," naming the suras. The Prophet said, "Can you recite it by heart?" He said, 'Yes." The Prophet said, "Go I let you marry her for what you know of the Qur'an (as her Mahr).

Some poor people came to the Prophet and said, "The wealthy people will get higher grades and will have permanent enjoyment and they pray like us and fast as we do. They have more money by which they perform the Hajj, and `Umra; fight and struggle in Allah's Cause and give in charity." The Prophet said, "Shall I not tell you a thing upon which if you acted you would catch up with those who have surpassed you? Nobody would overtake you and you would be better than the people amongst whom you live except those who would do the same. Say "Subhana l-lah", "Al hamdu li l-lah" and "Allahu Akbar" thirty three times each after every (compulsory) prayer." We differed and some of us said that we should say, "Subhan-al-lah" thirty three times and "Al hamdu li l-lah" thirty three times and "Allahu Akbar" thirty four times. I went to the Prophet who said, "Say, "Subhan-al-lah" and "Al hamdu li l-lah" and "Allahu Akbar" all together [??], thirty three times."

`Abdul Malik wrote to Al-Hajjaj that he should not differ from Ibn `Umar during Hajj. On the Day of `Arafat, when the sun declined at midday, Ibn `Umar came along with me and shouted near Al- Hajjaj's cotton (cloth) tent. Al-Hajjaj came Out, wrapping himself with a waist-sheet dyed with safflower, and said, "O Abu `Abdur-Rahman! What is the matter?" He said, If you want to follow the Sunna (the tradition of the Prophet (p.b.u.h) ) then proceed (to `Arafat)." Al-Hajjaj asked, "At this very hour?" Ibn `Umar said, "Yes." He replied, "Please wait for me till I pour some water over my head (i.e. take a bath) and come out." Then Ibn `Umar dismounted and waited till Al-Hajjaj came out. So, he (Al-Hajjaj) walked in between me and my father (Ibn `Umar). I said to him, "If you want to follow the Sunna then deliver a brief sermon and hurry up for the stay at `Arafat." He started looking at `Abdullah (Ibn `Umar) (inquiringly), and when `Abdullah noticed that, he said that he had told the truth.

Yahya ibn Abdullah said: When the captives (of the battle of Badr) were brought, Sawdah daughter of Zam'ah was present with the children of Afra' at the halting place of their camels, that is, Awf and Mu'awwidh sons of Afra'.

This happened before the prescription of veil for them. Sawdah said: I swear by Allah, I was with them when I came (from there to the people) and I was told: These are captives recently brought (here). I returned to my house, and the Messenger of Allah (saws) was there, and AbuZayd Suhayl ibn Amr was in the corner of the apartment and his hands were tied up on his neck with a rope. He then narrated the rest of the tradition.

Abu Dawud said: They (the sons of 'Afra') killed Abu Jahl b. Hisham. They were deputed for him though they did not realize him: and they were killed in the battle of Badr.

When the people of Mecca sent about ransoming their prisoners Zaynab sent some property to ransom Abul'As, sending among it a necklace of hers which Khadijah had had, and (which she) had given to her when she married Abul'As. When the Messenger of Allah (saws) saw it, he felt great tenderness about it and said: If you consider that you should free her prisoner for her and return to her what belongs to her, (it will be well). They said: Yes. The Messenger of Allah (saws) made an agreement with him that he should let Zaynab come to him, and the Messenger of Allah (saws) sent Zayd ibn Harithah and a man of the Ansar (the Helpers) and said: Wait in the valley of Yajij till Zaynab passes you, then you should accompany her and bring her back.

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods.

Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda.

Malik said, "That is the best that I have heard on the matter."

Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation."

When the Prophet realized that the Quraish had delayed in embracing Islam, he said, "O Allah! Protect me against their evil by afflicting them with seven (years of famine) like the seven years of (Prophet) Joseph." So they were struck with a year of famine that destroyed everything till they had to eat bones, and till a man would look towards the sky and see something like smoke between him and it. Allah said:-- "Then watch you (O Muhammad) for the day when the sky will produce a kind of smoke plainly visible." (44.10) And Allah further said:-- "Verily! We shall withdraw the punishment a little, Verily you will return (to disbelief)." (44.15) (Will Allah relieve them from torture on the Day of Resurrection?) (The punishment of) the smoke had passed and Al-Baltsha (the destruction of the pagans in the Badr battle) had passed too.

I heard Ibn `Abbas answering a man who asked him, "Did you attend the prayer of `Id al Adha or `Idal- Fitr with Allah's Apostle?" Ibn `Abbas replied, "Yes, and had it not been for my close relationship with him, I could not have offered it." (That was because of his young age). Ibn `Abbas further said, Allah's Apostle went out and offered the Id prayer and then delivered the sermon." Ibn `Abbas did not mention anything about the Adhan (the call for prayer) or the Iqama. He added, "Then the Prophet went to the women and instructed them and gave them religious advice and ordered them to give alms and I saw them reaching out (their hands to) their ears and necks (to take off the earrings and necklaces, etc.) and throwing (it) towards Bilal. Then the Prophet returned with Bilal to his house . "

that Yahya bin Sa`id bin Al-`As divorced the daughter of `Abdur-Rahman bin Al-Hakarn. `Abdur- Rahman took her to his house. On that `Aisha sent a message to Marwan bin Al-Hakam who was the ruler of Medina, saying, "Fear Allah, and urge your brother) to return her to her house." Marwan (in Sulaiman's version) said, "Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument)." (In Al-Qasim's versions Marwan said, "Have you not heard of the case of Fatima bint Qais?" Aisha said, "The case of Fatima bint Qais is not in your favor.' Marwan bin Al-Hakam said to `Aisha, "The reason that made Fatima bint Qais go to her father's house is just applicable to the daughter of `Abdur-Rahman."

Yahya related to me from Malik from Zayd ibn Aslam from a man of the Bani'd-Dil called Busr ibn Mihjan from his father Mihjan that he was in a gathering with the Messenger of Allah, may Allah bless him and grant him peace, and the call to prayer was made. The Messenger of Allah, may Allah bless him and grant him peace, rose and prayed and then returned. Mihjan remained sitting and did not pray with him. The Messenger of Allah, may Allah bless him and grant him peace, said, "What prevented you from praying with the people? Aren't you a muslim?" He said, "Of course, Messenger of Allah, but I have already prayed with my family." The Messenger of Allah, may Allah bless him and grant him peace, said, "When you come, pray with the people, even if you have prayed already."

27 Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, if he was travelling in Ramadan and knew that he would reach Madina at the begining of the day ,would do so fasting.

Yahya said that Malik said, "Someone who is travelling and knows that he will be reaching his people in the first part of the day, and then dawn breaks before he gets there, should be fasting when he gets there."

Malik said, "Someone who intends to go away (on a journey) in Ramadan, and then dawn breaks while he is still on his land before he has left, should fast that day."

Malik said that a man who returns from a journey in Ramadan and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al- Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it " They returned to Marwan and told him. Marwan said, "I told you."

Malik said that there was no harm in eating fish caught by magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "In the sea's water is purity, and that which is dead in it is halal. "

Malik said, "If it is eaten when it is dead, there is no harm in who catches it."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man of Thaqif gave his wife command over herself, and she said, "You are divorced." He was silent. She said, "You are divorced." He said, "May a stone be in your mouth." She said, "You are divorced." He said, "May a stone be in your mouth." They argued and went to Marwan ibn al-Hakam. He took an oath that he had only given her control over one pronouncement, and then she returned to him.

Malik said that Abd ar-Rahman declared that this decision had amazed al-Qasim, who thought it the best that he had heard on the subject.

Malik added, "That is also the best of what I have heard on the subject."

My companions, who came with me in the boat and I landed at a place called Baqi [??] Buthan [??] . The Prophet was in Medina at that time. One of us used to go to the Prophet by turns every night at the time of the `Isha prayer. Once I along with my companions went to the Prophet and he was busy in some of his affairs, so the `Isha' prayer was delayed to the middle of the night He then came out and led the people (in prayer). After finishing from the prayer, he addressed the people present there saying, "Be patient! Don't go away. Have the glad tiding. It is from the blessing of Allah upon you that none amongst mankind has prayed at this time save you." Or said, "None except you has prayed at this time." Abu Musa added, 'So we returned happily after what we heard from Allah's Apostle ."

My father and I went to Abi Barza Al-Aslami and my father said to him, "Tell us how Allah's Apostle used to offer the compulsory congregational prayers." He said, "He used to pray the Zuhr prayer, which you call the first prayer, as the sun declined at noon, the `Asr at a time when one of US could go to his family at the farthest place in Medina while the sun was still hot. (The narrator forgot what Abu Barza had said about the Maghrib prayer), and the Prophet preferred to pray the `Isha' late and disliked to sleep before it or talk after it. And he used to return after finishing the morning prayer at such a time when it was possible for one to recognize the person sitting by his side and he (the Prophet) used to recite 60 to 100 'Ayat' (verses) of the Qur'an in it."

Allah's Apostle mentioned that he would practice I`tikaf in the last ten days of Ramadan. `Aisha asked his permission to perform I`tikaf and he permitted her. Hafsa asked `Aisha to take his permission for her, and she did so. When Zainab bint Jahsh saw that, she ordered a tent to be pitched for her and it was pitched for her. Allah's Apostle used to proceed to his tent after the prayer. So, he saw the tents ans asked, "What is this?" He was told that those were the tents of Aisha, Hafsa, and Zainab. Allah's Apostle said, "Is it righteousness which they intended by doing so? I am not going to perform I`tikaf." So he returned home. When the fasting month was over, he performed Itikar for ten days in the month of Shawwal.

Here (i.e. in Mecca) there was a man called Nawwas and he had camels suffering from the disease of excessive and unquenchable thirst. Ibn `Umar went to the partner of Nawwas and bought those camels. The man returned to Nawwas and told him that he had sold those camels. Nawwas asked him, "To whom have you sold them?" He replied, "To such and such Sheikh." Nawwas said, "Woe to you; By Allah, that Sheikh was Ibn `Umar." Nawwas then went to Ibn `Umar and said to him, "My partner sold you camels suffering from the disease of excessive thirst and he had not known you." Ibn `Umar told him to take them back. When Nawwas went to take them, Ibn `Umar said to him, "Leave them there as I am happy with the decision of Allah's Apostle that there is no oppression . "

"I heard my father saying in the presence of the enemy: 'The Messenger of Allah (saws) said: "Indeed, the gates of Paradise are under the shadows of the swords.'" A man among the people with ragged appearance said: 'Have you heard what you mentioned from the Messenger of Allah (saws) ?' He said: 'Yes.' So he returned to his comrades and bid them Salam (farewell), broke the sheath of his sword, and began fighting with it until he was killed."

[Abu 'Eisa said:] This Hadith is Sahih Gharib. We do not know it except as a narration of Ja'far bin Sulaiman [Ad-Dubai']. (One of the narrators) Abu 'Imran Al-Jawni's name is 'Abdul Malik bin Habib. As for Abu Bakr bin Abi Musa, Ahmad bin Hanbal said: "That is his name."

While I was riding a (slow) and tired camel, the Prophet passed by and beat it and prayed for Allah's Blessings for it. The camel became so fast as it had never been before. The Prophet then said, "Sell it to me for one Uqiyya (of gold)." I said, "No." He again said, "Sell it to me for one Uqiyya (of gold)." I sold it and stipulated that I should ride it to my house. When we reached (Medina) I took that camel to the Prophet and he gave me its price. I returned home but he sent for me (and when I went to him) he said, "I will not take your camel. Take your camel as a gift for you." (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina).

(the wife of the Prophet) That she came to visit Allah's Apostle while he was in I`tikaf (i.e. seclusion in the Mosque during the last ten days of Ramadan). When she got up to return, Allah's Apostle got up with her and accompanied her, and when he reached near the gate of the Mosque close to the door (of the house) of Um Salama, the wife of the Prophet, two Ansari men passed by them and greeted Allah's Apostle and then went away. Allah's Apostle addressed them saying, "Don't hurry! (She is my wife)," They said, "Glorified be Allah! O Allah's Apostle (You are far away from any suspicion)," and his saying was hard on them. Allah's Apostle said, "Satan circulates in the mind of a person as blood does (in his body). I was afraid that Satan might put some (evil) thoughts in your minds."

When Sahl bin Hunaif returned from (the battle of) Siffin, we went to ask him (as to why he had come back). He replied, "(You should not consider me a coward) but blame your opinions. I saw myself on the day of Abu Jandal (inclined to fight), and if I had the power of refusing the order of Allah's Apostle then, I would have refused it (and fought the infidels bravely). Allah and His Apostle know (what is convenient) better. Whenever we put our swords on our shoulders for any matter that terrified us, our swords led us to an easy agreeable solution before the present situation (of disagreement and dispute between the Muslims). When we mend the breach in one side, it opened in another, and we do not know what to do about it."

[Abu Dawud]

It was related by at-Tirmidhi, who said that it was a good and sound hadeeth.

A similar report (as above) was narrated from Ibn Abu Kabshah, from his father, from the Prophet (saw).

Yahya said that Malik said, "The generally agreed on way of doing things among us about an investor who pays qirad money to an agent to buy goods, and the agent then sells the goods for a price to be paid later, and has a profit in the transaction, then the agent dies before he has received payment, is that if his heirs want to take that money, they have their father's stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect it from the debtor and they refer him to the investor, they are not obliged to collect it and there is nothing against them and nothing for them by their surrendering it to the investor. If they do collect it, they have a share of it and expenses like their father had. They are in the position of their father. If they are not trustworthy to do so, they can bring someone reliable and trustworthy to collect the money. If he collects all the capital and all the profit, they are in the position of their father."

Malik spoke about an investor who paid qirad money to a man provided that he used it and was responsible for any delayed payment for which he sold it. He said, "This is obligatory on the agent. If he sells it for delayed payment, he is responsible for it."

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al- Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' "

Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them."