Abu Dawud said: This tradition is sounder than that of Ibn Juraij that Rukanah divorced his wife by three pronouncements, for they are the members of his family and they are more aware for him. The tradition of Ibn Juraij has been narrated by some children of Abu Rafi' from 'Ikrimah on the authority of Ibn 'Abbas.

When Allah, Most High, revealed the verses: "Come not nigh to the orphan's property except to improve it". And "Those who unjustly eat up the property of orphans", everyone who had an orphan with him went and separated his food from his (orphan's) food, and his drink from his drink, and began to detain the remaining food which he (the orphan) himself ate or spoiled.

This fell heavy on them, and they mentioned this to the Messenger of Allah (saws). So Allah, Most High, revealed the verse: "They ask thee concerning orphans. Say: The best thing to do is what is for their good; if ye mix their affairs with yours, they are your brethren." Then they mixed their food with his food and their drink with his drink.

Abyad went to the Messenger of Allah (saws) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)

So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.

The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."

Another chain reports a similar hadith.

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr from A'isha, umm al-muminin, that she took Hafsa ibn Abd ar- Rahman ibn Abi Bakr as-Siddiq into her house when she had entered the third period of her idda. Ibn Shihab said, "That was mentioned to Amra bint Abd ar-Rahman, and she said that Urwa had spoken the truth and people had argued with A'isha about it. They said that Allah, the Blessed, the Exalted, said in His Book, 'Three quru.' A'isha said, 'You spoke the truth. Do you know what quru are? Quru are times of becoming pure after menstruation .' "

Yahya related to me from Malik from Abu'z-Zinad from Kharija ibn Zayd ibn Thabit that Zayd ibn Thabit did not sell fruit until the Pleiades were visible, at the end of May.

Malik said, "The way of doing things among us about selling melons, cucumbers, water- melons, and carrots is that it is halal to sell them when it is clear that they have begun to ripen. Then the buyer has what grows until the season is over. There is no specific timing laid down for that because the time is well known with people, and it may happen that the crop will be affected by blight and put a premature end to the season. If blight strikes and a third or more of the crop is damaged, an allowance for that is deducted from the price of purchase."

Yahya related to me from Malik from Humayd ibn Qays al-Makki that Mujahid said, "I was with Abdullah ibn Umar and an artisan came to him and said, 'Abu Abd ar-Rahman - I fashion gold and then sell what I have made for more than its weight. I take an amount equivalent to the work of my hand.' Abdullah forbade him to do that, so the artisan repeated the question to him, and Abdullah continued to forbid him until he came to the door of the mosque or to an animal that he intended to mount. Then Abdullah ibn Umar said, 'A dinar for a dinar, and a dirham for a dirham. There is no increase between them. This is the command of ourProphet to us and our advice to you.' "

Yahya said that Malik spoke about an agent who had qirad money with him and he spent from it and clothed himself. He said, "He cannot give away any of it, and neither a beggar nor anyone else is to be given any of it and he does not pay anyone compensation from it. If he meets some people, and they bring out food and he brings out food, I hope that that will be permitted to him if he does not intend to bestow something on them. If he intends that or what is like that without the permission of the investor, he must get the sanction of the investor for it. If he sanctions it, there is no harm. If he refuses to sanction it, he must repay it with like if he has something which is suitable as compensation."

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."

Malik related to me from Rabia ibn Abi Abd ar-Rahman from Yazid, the mawla of al-Munbaith that Zayd ibn Khalid al-Juhani said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, 'Memorize the characteristics of the object found, then publicise it for a year. If the owner comes, give it to him. If not, then it is your business.' He said, 'What about lost sheep, Messenger of Allah?' He said, 'They are yours, your brother's or the wolf's.' He said, 'And the lost camel?' He said, 'It's none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it.' "

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the slave is ill, Allah ta'ala sends two angels to him." He said, "They look at what he says to his visitors. If he praises Allah and lauds Him, when they come to him, they take that up to Allah, the Mighty, the Majestic, and He knows best, and He says, 'If I make my slave die, I will make him enter the Garden. If I heal him, I will replace his flesh with better flesh and his blood with better blood and I will efface his evil actions.'"

Yahya related to me from Malik from Zayd ibn Aslam that his father said, "Abdullah ibn al-Arqam said, 'Show me a riding-camel which the amir al-muminim can give me to use.' I said, 'Yes. One of the sadaqa camels.' Abdullah ibn al-Arqam said, 'Would you want a stout man on a hot day to wash for you what is under his lower garment and its folds, and then give it to you to drink?' I was angry and said, 'May Allah forgive you! Why do you say such things to me?' Abdullah ibn al-Arqam said, 'Sadaqa is the impurities of people which they wash off themselves.' "

While we were sitting in a circle in `Abdullah's gathering, Hudhaifa came and stopped before us, and greeted us and then said, "People better than you became hypocrites." Al-Aswad said: I testify the uniqueness of Allah! Allah says: "Verily! The hypocrites will be in the lowest depths of the Fire." (4.145) On that `Abdullah smiled and Hudhaifa sat somewhere in the Mosque. `Abdullah then got up and his companions (sitting around him) dispersed. Hudhaifa then threw a pebble at me (to attract my attention). I went to him and he said, "I was surprised at `Abdullah's smile though he understood what I said. Verily, people better than you became hypocrite and then repented and Allah forgave them."

That he heard the Prophet delivering a sermon, and he mentioned the shecamel and the one who hamstrung it. Allah's Apostle recited:-- 'When, the most wicked man among them went forth (to hamstrung the she-camel).' (91.12.) Then he said, "A tough man whose equal was rare and who enjoyed the protection of his people, like Abi Zama went forth to (hamstrung) it." The Prophet then mentioned about the women (in his sermon). "It is not wise for anyone of you to lash his wife like a slave, for he might sleep with her the same evening." Then he advised them not to laugh when somebody breaks wind and said, "Why should anybody laugh at what he himself does?"

I heard the Prophet delivering a sermon, and he said (on the Day of `Id-Allah. a), "The first thing we will do on this day of ours is that we will offer the `Id prayer, then we will return and slaughter our sacrifices; and whoever does so, then indeed he has followed our tradition, and whoever slaughtered his sacrifice (before the prayer), what he offered was just meat that he presented to his family, and that was not a sacrifice." Abu Burda got up and said, "O Allah's Apostle! I slaughtered the sacrifice before the prayer and I have got a Jadha'a which is better than an old sheep." The Prophet said, "Slaughter it to make up for that, but it will not be sufficient for anybody else after you."

(the clerk of Al-Mughira bin Shu`ba) Muawiya wrote to Al-Mughira: "Write to me a narration you have heard from Allah's Apostle." So Al-Mughira wrote to him, "I heard him saying the following after each prayer: 'La ilaha illal-lahu wahdahu la sharika lahu, lahu-l-mulk wa lahuI-hamd, wa huwa 'ala kulli Shai-in qadir.' He also used to forbid idle talk, asking too many questions (in religion), wasting money, preventing what should be given, and asking others for something (except in great need), being undutiful to mothers, and burying one's little daughters (alive).

The Prophet said, "The first man to be called on the Day of Resurrection will be Adam who will be shown his offspring, and it will be said to them, 'This is your father, Adam.' Adam will say (responding to the call), 'Labbaik and Sa`daik' Then Allah will say (to Adam), 'Take out of your offspring, the people of Hell.' Adam will say, 'O Lord, how many should I take out?' Allah will say, 'Take out ninety-nine out of every hundred." They (the Prophet's companions) said, "O Allah's Apostle! If ninety-nine out of every one hundred of us are taken away, what will remain out of us?" He said, "My followers in comparison to the other nations are like a white hair on a black ox."

A bedouin came to Allah's Apostle and said, "My wife has delivered a black boy, and I suspect that he is not my child." Allah's Apostle said to him, "Have you got camels?" The bedouin said, "Yes." The Prophet said, "What color are they?" The bedouin said, "They are red." The Prophet said, "Are any of them Grey?" He said, "There are Grey ones among them." The Prophet said, "Whence do you think this color came to them?" The bedouin said, "O Allah's Apostle! It resulted from hereditary disposition." The Prophet said, "And this (i.e., your child) has inherited his color from his ancestors." The Prophet did not allow him to deny his paternity of the child.

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Abu Musa al-Ashari came to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and said to her, "The disagreement of the companions in a matter which I hate to bring before you has distressed me." She said, "What is that? You did not ask your mother about it, so ask me." He said, "A man penetrates his wife, but becomes listless and does not ejaculate. "She said, "When the circumcised part passes the circumcised part ghusl is obligatory." Abu Musa added, "I shall never ask anyone about this after you."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child, and he said, "She should break the fast and feed a poor man one mudd of wheat in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah, the Exalted and Glorified, says, 'And whoever of you is sick or on a journey should fast an equal number of other days, ' and they consider her pregnancy and her concern for her child as a sickness."

Yahya related to me from Malik, from Ibn Shihab, that Salim ibn Abdullah heard Abu Hurayra relating to Abdullah ibn Umar how a group of three people in ihram had passed him at ar-Rabadha and had asked him for a fatwa about eating game which people who were not in ihram were eating, and he told them that they could eat it. He said, "Then I went to Umar ibn al-Khattab in Madina and asked him about it, and he said, 'What did you say to them?' and I said, 'I told them that they could eat it.' Umar said, 'If you had told them anything else I would have done you an injury.' "

Yahya related to me from Malik that Muhammad ibn Abdullah ibn Abi Maryam once asked Said ibn al-Musayyab about (what to do with) a nail of his that had broken while he was in ihram and Said said, "cut it off."

Malik was asked whether some one in ihram who had an ear-complaint could use medicinal oil which was not perfumed for dropping into his ears, and he said, "I do not see any harm in that, and even if he were to put it into his mouth I still would not see any harm in it."

Malik said that there was no harm in some one in ihram lancing an abscess that he had, or a boil, or cutting a vein, if he needed to do so.

Malik said, I still hear that when a person in ihram kills an ostrich, a camel is due."

Malik said, "I think that for an ostrich egg, one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars, and that is one-tenth of what the blood-money for the mother would be.

"Birds from the eagle family, eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid, the assessment is the same, whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman, are considered to be the same."

Yahya related to me from Malik from Hisham ibn Urwa that his father, Urwa ibn az-Zubayr made an aqiqa for his male and female children of a sheep each.

Malik said, "What we do about the aqiqa is that if someone makes an aqiqa for his children, he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it, and people continue to come to us about it. If someone makes an aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood .''

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned that to Umar ibn al-Khattab and said to him, "Who inherits from her?" Umar ibn al-Khattab said to him, "The people of her deen inherit from her." Then he went to Uthman ibn Affan, and asked him about that. Uthman said to him, "Do you think that I have forgotten what Umar ibn al-Khattab said to you? The people.of her deen inherit from her."

Ibn `Abbas said to me and to his son `Ali, "Go to Abu Sa`id and listen to what he narrates." So we went and found him in a garden looking after it. He picked up his Rida', wore it and sat down and started narrating till the topic of the construction of the mosque reached. He said, "We were carrying one adobe at a time while `Ammar was carrying two. The Prophet saw him and started removing the dust from his body and said, "May Allah be Merciful to `Ammar. He will be inviting them (i.e. his murderers, the rebellious group) to Paradise and they will invite him to Hell-fire." `Ammar said, "I seek refuge with Allah from affliction."

We went with Allah's Apostle (p.b.u.h) to the blacksmith Abu Saif, and he was the husband of the wet-nurse of Ibrahim (the son of the Prophet). Allah's Apostle took Ibrahim and kissed him and smelled him and later we entered Abu Saif's house and at that time Ibrahim was in his last breaths, and the eyes of Allah's Apostle (p.b.u.h) started shedding tears. `Abdur Rahman bin `Auf said, "O Allah's Apostle, even you are weeping!" He said, "O Ibn `Auf, this is mercy." Then he wept more and said, "The eyes are shedding tears and the heart is grieved, and we will not say except what pleases our Lord, O Ibrahim ! Indeed we are grieved by your separation."

My grandfather, my father and I gave the pledge of allegiance to Allah's Apostle. The Prophet got me engaged and then got me married. One day I went to the Prophet with a complaint. My father Yazid had taken some gold coins for charity and kept them with a man in the mosque (to give them to the poor) But I went and took them and brought them to him (my father). My father said, "By Allah! I did not intend to give them to you. " I took (the case) to Allah's Apostle . On that Allah's Apostle said, "O Yazid, you will be rewarded for what you intended. O Ma'n, whatever you have taken is yours."

That the Messenger of Allah (saws) passed by a pile of food. He put his fingers in it and felt wetness. He said: 'O owner of the food! What is this ?' He replied: 'It was rained upon O Messenger of Allah.' He said: 'Why not put it on top of the food so the people can see it?' Then he said: 'Whoever cheats, he is not one of us.'"

He said: There are narrations on this topic from Ibn 'Umar, Abu Al-Hamra', Ibn 'Abbas, Buraidah, Abu Burdah bin Niyar, and Hudhaifah bin Al-Yaman.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is Hasan Sahih Hadith. This is acted upon according to the people of knowledge. They dislike cheating and they say that cheating is unlawful.

While the Messenger of Allah (saws) was leading his Companions in prayer, he took off his sandals and laid them on his left side; so when the people saw this, they removed their sandals. When the Messenger of Allah (saws) finished his prayer, he asked: What made you remove your sandals? The replied: We saw you remove your sandals, so we removed our sandals.

The Messenger of Allah (saws) then said: Gabriel came to me and informed me that there was filth in them. When any of you comes to the mosque, he should see; if he finds filth on his sandals, he should wipe it off and pray in them.

When the Messenger of Allah (saws) finished a prayer in which he had recited (the Qur'an) loudly, he asked: Did any of you recite along with me just now? A man replied: Yes, Messenger of Allah. He said: I am wondering what is the matter with me that I have been contended with reciting the Qur'an. He said: When the people heard that from the Messenger of Allah (saws) they ceased reciting (the Qur'an) along with him at the prayers in which he recited aloud.

Abu Dawud said: This tradition reported by Ibn Ukaimah has also been narrated by Ma'mar, Yunus, and Usamah b. Zaid on the authority of al-Zuhri similar to the tradition of Malik.

He said: There are narrations on this topic from Al-Bara' bin 'Azib and Rifa'ah.

[Abu 'Eisa said:] The Hadith of Qais bin Abi Gharazah (a narrator) is a Hasan Sahih Hadith.

Mansur, Al-A'mash, Habib bin Abi Thabit and others reported it from Abu Wa'il, from Qais bin Abi Gharzah, from the Prophet (saws). We do not know of anything from the Prophet (saws) narrated by Qais other than this.