That he heard Usama bin Zaid speaking to Sa`d, saying, "Allah's Apostle mentioned the plague and said, 'It is a means of punishment with which some nations were punished and some of it has remained, and it appears now and then. So whoever hears that there is an outbreak of plague in some land, he should not go to that land, and if the plague breaks out in the land where one is already present, one should not run away from that land, escaping from the plague."

`Ata' said, "Ibn `Abbas said, 'If he (i.e. the one intending to perform `Umra) has performed the Tawaf around the Ka`ba, his Ihram is considered to have finished.' said, 'What proof does Ibn `Abbas has as to this saying?" `Ata' said, "(The proof is taken) from the Statement of Allah:-- "And afterwards they are brought For sacrifice unto Ancient House (Ka`ba at Mecca)" (22.33) and from the order of the Prophet to his companions to finish their Ihram during Hajjat-ul-Wada`." I said (to `Ata'), "That (i.e. finishing the Ihram) was after coming form `Arafat." `Ata' said, "Ibn `Abbas used to allow it before going to `Arafat (after finishing the `Umra) and after coming from it (i.e. after performing the Hajj).

The Prophet (saws) said: If someone is given something, he should give a return for it provided he can afford; if he cannot afford, he should praise him. He who praises him for it, thanks him, and he who conceals it is ungrateful to him.

Abu Dawud said: It has been transmitted by Yahya b. Ayyub, from `Umarah b. Ghaziyyah, from Sharahbil on the authority of Jabir.

Abu Dawud said: In the chain of this tradition `Umarah b. Ghaziyyah said: A man from my tribe said. The man referred by him is Sharahbil. It is likely that they disliked him and, therefore, they did not name him.

The Prophet (saws) said: If anyone eats food and then says: "Praise be to Allah Who has fed me with this food and provided me with it through no might and power on my part," he will be forgiven his former and later sins. If anyone puts on a garment and says: "Praise be to Allah Who has clothed me with this and provided me with it through no might and power on my part," he will be forgiven his former and later sins.

We went out with the Prophet to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An- Nu`man bin Sharahil, and her wet nurse was with her. When the Prophet entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family."

Allah's Apostle said, "I am more closer to the believers than their ownselves, so whoever (among them) dies leaving some inheritance, his inheritance will be given to his 'Asaba, and whoever dies leaving a debt or dependants or destitute children, then I am their supporter."

The Prophet (saws) said: When sin is done in the earth, he who sees it and disapproves of it will be taken like one who was not present, but he who is not present and approves of it will be like him who sees.

The Prophet (saws) said: If anyone lies on his side where he does not remember Allah, deprivation will descend on him on the Day of Resurrection; and if anyone sits in a place where he does not remember Allah, deprivation will descend on him on the Day of Resurrection.

This hadith is narrated on the authority of Hisham with the same chain of transmitters, but he made no mention in the first part of the hadith that the Messenger of Allah (may peace be upon him) used to observe fast, and said about the second part that he abandoned the (fast) of Ashura, and he who wished observed the fast and who wished otherwise abandoned it, and he did not hold it as the words of the Apostle of Allah (may peace be upon him) as mentioned in the narration transmitted by Jarir.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from his father that Abu'l-Baddah ibn Asim ibn Adi told him from his father that the Messenger of Allah, may Allah bless him and grant him peace, allowed the camel-herders to spend the night outside of Mina, and they threw the stones (once) on the day of sacrifice, and (once) for the following day and the day after that, and (once) on the day when they left Mina.

(the wife of the Prophet) In the lifetime of Allah's Apostle the women used to get up when they finished their compulsory prayers with Taslim. The Prophet and the men would stay on at their places as long as Allah will. When the Prophet got up, the men would then get up.

(in continuation of above). Then I witnessed the `Id with `Uthman bin `Affan, and that was on a Friday. He offered the prayer before the sermon, saying, "O people! Today you have two 'Its (festivals) together, so whoever of those who live at Al-`Awali (suburbs) would like to wait for the Jumua prayer, he may wait, and whoever would like to return (home) Is granted my permission to do so."

Abu Dawud said: This tradition has been narrated by Yunus b. Jubair, Anas b. Sirin b. Jubair, Zaid b. Aslam, Abu al-Zubair and Mansur from Abu Wa'il on the authority of Ibn 'Umar. They all agreed on the theme that the Prophet (saws) commanded him to take her back (and keep her) till she was purified. Then if he desired, he might divorce her or keep her with him if he wanted to do so. The version narrated by al-Zuhri from Salim from Nafi' on the authority of Ibn 'Umar has: The Prophet (saws) commanded him to take her back (and keep her) till she is purified, and then has menstrual discharge, and then she is purified. Then if he desires, he may divorce her and if he desires he may keep her.

Abu Dawud said: A version like that of Nafi' and al-Zuhri has also been transmitted by 'Ata al-Khurasani from al-Hasan on the authority of Ibn 'Umar. All the versions of this tradition contradict the one narrated by Abu al-Zubair.

The Prophet left Medina (for Mecca) in the company of ten-thousand (Muslim warriors) in (the month of) Ramadan, and that was eight and a half years after his migration to Medina. He and the Muslims who were with him, proceeded on their way to Mecca. He was fasting and they were fasting, but when they reached a place called Al-Kadid which was a place of water between 'Usfan and Kudaid, he broke his fast and so did they. (Az-Zuhri said, "One should take the last action of Allah's Apostle and leave his early action (while taking a verdict.")

Allah's Apostle said, " He who pre pares a Ghazi going in Allah's Cause is given a reward equal to that of) a Ghazi; and he who looks after properly the dependents of a Ghazi going in Allah's Cause is (given a reward equal to that of) Ghazi."

My ears heard and my heart grasped (the statement which) the Prophet said, "The period for keeping one's guest is three days (and don't forget) his reward." It was asked, "What is his reward?" He said, "In the first night and the day he should be given a high class quality of meals; and whoever believes in Allah and the Last Day, should entertain his guest generously; and whoever believes in Allah and the Last Day should talk what is good (sense) or keep quiet."

The Prophet (saws) said: Acts of begging are lacerations with which a man disfigures his face, so he who wishes may preserve his self-respect, and he who wishes may abandon it; but this does not apply to one who begs from a ruler, or in a situation which makes it necessary.

The Prophet (saws) said: If anyone seeks the office of judge among Muslims till he gets it and his justice prevails over his tyranny, he will go to Paradise; but the man whose tyranny prevails over his justice will go to Hell.

The Prophet (saws) said: If anyone harms (others), Allah will harm him, and if anyone shows hostility to others, Allah will show hostility to him.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

Allah's Apostle said, "If anyone of you performs ablution he should put water in his nose and then blow it out and whoever cleans his private parts with stones should do so with odd numbers. And whoever wakes up from his sleep should wash his hands before putting them in the water for ablution, because nobody knows where his hands were during sleep."

I asked `Aisha, "How is the prayer of Allah's Apostle during the month of Ramadan." She said, "Allah's Apostle never exceeded eleven rak`at in Ramadan or in other months; he used to offer four rak`at-- do not ask me about their beauty and length, then four rak`at, do not ask me about their beauty and length, and then three rak`at." Aisha further said, "I said, 'O Allah's Apostle! Do you sleep before offering the witr prayer?' He replied, 'O `Aisha! My eyes sleep but my heart remains awake'!"

Abu Hurairah said : I saw the Messenger of Allah (May peace be upon him) reciting this verse and putting his fingers. Ibn Yunus said that al-Muqri said. “Allah hears and sees” means that Allah has the power of hearing and seeing.

Abu Dawud said: This is a refutation of the Jahmiyyah.

During the Pre-lslamic Period of ignorance the Quraish used to observe fasting on the day of 'Ashura', and the Prophet himself used to observe fasting on it too. But when he came to Medina, he fasted on that day and ordered the Muslims to fast on it. When (the order of compulsory fasting in ) Ramadan was revealed, fasting in Ramadan became an obligation, and fasting on 'Ashura' was given up, and who ever wished to fast (on it) did so, and whoever did not wish to fast on it, did not fast.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

that he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of the Prophet Moses. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend (Hur) and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him? Ubai bin Ka`b said: "Yes, I heard the Prophet mentioning something about him (saying) while Moses was sitting in the company of some Israelites, a man came and asked him: "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: '--Yes, Our slave Khadir is more learned than you. Moses asked Allah how to meet him (Al-Khadir). So Allah made the fish a sign for him and he was told when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said: 'Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said, 'That is what we have been seeking.' So they went back retracing their footsteps, and found Khadir. (and) what happened further about them is narrated in the Holy Qur'an by Allah." (18.54 up to 18.82)

That he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of (the Prophet) Moses. Ibn `Abbas said that he was Al Khadir. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him, saying "My friend (Hur) and I have differed regarding Moses' companion, whom Moses asked the way to meet. Have you heard the Prophet mentioning something about him? He said, "Yes. I heard Allah's Apostle saying, "While Moses was sitting in the company of some Israelites, a man came and asked him. "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: 'Yes, Our slave Khadir (is more learned than you.)' Moses asked (Allah) how to meet him (Khadir). So Allah made the fish as a sign for him and he was told that when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said to him: Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said: 'That is what we have been seeking? (18.64) So they went back retracing their footsteps, and found Khadir. (And) what happened further to them is narrated in the Holy Qur'an by Allah. (18.54 up to 18.82)

Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth said (to me), "What forbids you to talk to `Uthman about his brother Al-Walid because people have talked much about him?" So I went to `Uthman and when he went out for prayer I said (to him), "I have something to say to you and it is a piece of advice for you " `Uthman said, "O man, from you." (`Umar said: I see that he said, "I seek Refuge with Allah from you.") So I left him and went to them. Then the messenger of `Uthman came and I went to him (i.e. `Uthman), `Uthman asked, "What is your advice?" I replied, "Allah sent Muhammad with the Truth, and revealed the Divine Book (i.e. Qur'an) to him; and you were amongst those who followed Allah and His Apostle, and you participated in the two migrations (to Ethiopia and to Medina) and enjoyed the company of Allah's Apostle and saw his way. No doubt, the people are talking much about Al-Walid." `Uthman said, "Did you receive your knowledge directly from Allah's Apostle ?" I said, "No, but his knowledge did reach me and it reached (even) to a virgin in her seclusion." `Uthman said, "And then Allah sent Muhammad with the Truth and I was amongst those who followed Allah and His Apostle and I believed in what ever he (i.e. the Prophet) was sent with, and participated in two migrations, as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance him. By Allah! I never disobeyed him, nor did I cheat him till Allah took him unto Him. Then I treated Abu Bakr and then `Umar similarly and then I was made Caliph. So, don't I have rights similar to theirs?" I said, "Yes." He said, "Then what are these talks reaching me from you people? Now, concerning what you mentioned about the question of Al-Walid, Allah willing, I shall deal with him according to what is right." Then he called `Ali and ordered him to flog him, and `Ali flogged him (i.e. Al-Walid) eighty lashes.