Yahya related to me from Malik from Talha ibn Abi al-Malik al- Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey Allah, let him not disobey Him."

Yahya said that he had heard Malik say, "The meaning of the statement of the Prophet, may Allah bless him and grant him peace, 'Whoever vows to disobey Allah, let him not disobey Him' is that for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, or any other such things which are not considered as ibada, is not under any obligation by any of that, even if he did speak to the man or did break whatever it was he swore, because Allah does not demand obedience in such things. He should only fulfill those things in which there is obedience to Allah."

22.5 Rashness in Oaths

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If a man gives his slave permission to marry, the divorce is in the hand of the slave, and nobody else has any power over his divorce. Nothing is held against a man who takes the slave-girl of his male slave or the slave-girl of his female-slave."

Allah's Apostle said, "While three persons were traveling, they were overtaken by rain and they took shelter in a cave in a mountain. A big rock fell from the mountain over the mouth of the cave and blocked it. They said to each other. 'Think of such good (righteous) deeds which, you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that Allah may relieve you from your difficulty. one of them said, 'O Allah! I had my parents who were very old and I had small children for whose sake I used to work as a shepherd. When I returned to them at night and milked (the sheep), I used to start giving the milk to my parents first before giving to my children. And one day I went far away in search of a grazing place (for my sheep), and didn't return home till late at night and found that my parents had slept. I milked (my livestock) as usual and brought the milk vessel and stood at their heads, and I disliked to wake them up from their sleep, and I also disliked to give the milk to my children before my parents though my children were crying (from hunger) at my feet. So this state of mine and theirs continued till the day dawned. (O Allah!) If you considered that I had done that only for seeking Your pleasure, then please let there be an opening through which we can see the sky.' So Allah made for them an opening through which they could see the sky. Then the second person said, 'O Allah! I had a she-cousin whom I loved as much as a passionate man love a woman. I tried to seduce her but she refused till I paid her one-hundred Dinars So I worked hard till I collected one hundred Dinars and went to her with that But when I sat in between her legs (to have sexual intercourse with her), she said, 'O Allah's slave! Be afraid of Allah ! Do not deflower me except legally (by marriage contract). So I left her O Allah! If you considered that I had done that only for seeking Your pleasure then please let the rock move a little to have a (wider) opening.' So Allah shifted that rock to make the opening wider for them. And the last (third) person said 'O Allah ! I employed a laborer for wages equal to a Faraq (a certain measure: of rice, and when he had finished his job he demanded his wages, but when I presented his due to him, he gave it up and refused to take it. Then I kept on sowing that rice for him (several times) till managed to buy with the price of the yield, some cows and their shepherd Later ...

A woman said: Messenger of Allah, my mother suddenly died; if it had not happened, she would have given sadaqah (charity) and donated (something). Will it suffice if I give sadaqah on her behalf? The Prophet (saws) said: Yes, give sadaqah on her behalf.

The Prophet (saws) said: Blood-wit for every wound which lays bare a bone is five camels.

Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, pointing at the east and saying, 'The cause of dissension is here. The cause of dissension is here, from where the helpers of shaytan arise.' "

Yahya related to me from Malik from Ismail ibn Abi Hakim that Ata ibn Yasar told him that the Messenger of Allah, may Allah bless him and grant him peace, said the takbir in one of the prayers and then indicated to them with his hand to stay in place. He left and then returned with traces of water on his skin.

Yahya related to me from Malik from Hisham ibn Urwa that his father said to him, "When you are on a journey you can, if you wish, call the adhan and the iqama, or, if you wish, the iqama and not the adhan."

Yahya said that he heard Malik say, "There is no harm in a man calling the adhan while riding."

Malik related to me that Abd ar-Rahman ibn al-Qasim heard his father al-Qasim ibn Muhammad say, "I have prayed witr after dawn."

Malik said, "Only a person who oversleeps so that he does not do the witr prays it after dawn. No one should intentionally make his witr after dawn."

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, ''When you are making dua do not say; 'O Allah, forgive me if You wish. O Allah, forgive me if you wish.' You should be firm in your asking, for there is no compelling Him."

Yahya related to me from Malik from Abu'z Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Fasting is a protection for you, so when you are fasting, do not behave obscenely or foolishly, and if any one argues with you or abuses you, say, 'I am fasting. I am fasting.' "

Yahya related to me from Malik from Nafi that he heard Abdullah ibn Umar making dua on Safa saying, "O Allah, You have said, 'call on Me - I will answer you' and You do not break Your promise. So I am askingYou, in the same way that You have guided me to Islam, not to take it away from me, and that You make me die while I am muslim."

Allah's Apostle said, "Do not enter the ruined dwellings of those who were unjust to themselves unless (you enter) weeping, lest you should suffer the same punishment as was inflicted upon them."

The believers who failed to join the Ghazwa of Badr and those who took part in it are not equal (in reward).

I was a Christian Bedouin; then I embraced Islam. I came to a man of my tribe, who was called Hudhaym ibn Thurmulah. I said to him. O brother, I am eager to wage war in the cause of Allah (i.e. jihad), and I find that both hajj and umrah are due from me. How can I combine them?

He said: Combine them and sacrifice the animal made easily available for you. I, therefore, raised my voice in talbiyah for both of them (i.e. umrah and hajj). When I reached al-Udhayb, Salman ibn Rabi'ah and Zayd ibn Suhan met me while I was raising my voice in talbiyah for both of them.

One of them said to the other: This (man) does not have any more understanding than his camel. Thereupon it was as if a mountain fell on me.

I came to Umar ibn al-Khattab (may Allah be pleased with him) and said to him: Commander of the Faithful, I was a Christian Bedouin, and I have embraced Islam. I am eager to wage war in the cause of Allah (jihad), and I found that both hajj and umrah were due from me. I came to a man of my tribe who said to me: Combine both of them and sacrifice the animal easily available for you. I have raised my voice in talbiyah for both of them.

Umar thereupon said to me: You have been guided to the practice (sunnah) of your Prophet) (saws).

She said: AbuHurayrah, speaking to him in Persian, my husband wishes to take my son away.

AbuHurayrah said: Cast lots for him, saying it to her in a foreign language.

Then her husband came and asked: Who is disputing with me about my son?

AbuHurayrah said: O Allah, I do not say this, except that I heard a woman who came to the Messenger of Allah (saws) while I was sitting with him, and she said: My husband wishes to take away my son, Messenger of Allah, and he draws water for me from the well of AbuInabah, and he has been good to me.

The Messenger of Allah (saws) said: Cast lots for him. Her husband said: Who is disputing with me about my son? The Prophet (saws) said: This is your father and this your mother, so take whichever of them you wish by the hand. So he took his mother's hand and she went away with him.

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

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

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

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

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

When the Prophet came to Medina, he stayed first with his grandfathers or maternal uncles from Ansar. He offered his prayers facing Baitul-Maqdis (Jerusalem) for sixteen or seventeen months, but he wished that he could pray facing the Ka'ba (at Mecca). The first prayer which he offered facing the Ka'ba was the 'Asr prayer in the company of some people. Then one of those who had offered that prayer with him came out and passed by some people in a mosque who were bowing during their prayers (facing Jerusalem). He said addressing them, "By Allah, I testify that I have prayed with Allah's Apostle facing Mecca (Ka'ba).' Hearing that, those people changed their direction towards the Ka'ba immediately. Jews and the people of the scriptures used to be pleased to see the Prophet facing Jerusalem in prayers but when he changed his direction towards the Ka'ba, during the prayers, they disapproved of it.

Al-Bara' added, "Before we changed our direction towards the Ka'ba (Mecca) in prayers, some Muslims had died or had been killed and we did not know what to say about them (regarding their prayers.) Allah then revealed: And Allah would never make your faith (prayers) to be lost (i.e. the prayers of those Muslims were valid).' " (2:143).

Once we were in the house of Abu Musa who presented a meal containing cooked chicken. A man from the tribe of Bani Taim Allah with red complexion as if he were from the Byzantine war prisoners, was present. Abu Musa invited him to share the meal but he (apologised) saying. "I saw chickens eating dirty things and so I have had a strong aversion to eating them, and have taken an oath that I will not eat chickens." Abu Musa said, "Come along, I will tell you about this matter (i.e. how to cancel one's oath). I went to the Prophet in the company of a group of Al-Ashariyin, asked him to provide us with means of conveyance. He said, 'By Allah, I will not provide you with any means of conveyance and I have nothing to make you ride on.' Then some camels as booty were brought to Allah's Apostle and he asked for us saying. 'Where are the group of Al-Ash`ariyun?' Then he ordered that we should be given five camels with white humps. When we set out we said, 'What have we done? We will never be blessed (with what we have been given).' So, we returned to the Prophet and said, 'We asked you to provide us with means of conveyance, but you took an oath that you would not provide us with any means of conveyance. Did you forget (your oath when you gave us the camels)? He replied. 'I have not provided you with means of conveyance, but Allah has provided you with it, and by Allah, Allah willing, if ever I take an oath to do something, and later on I find that it is more beneficial to do something different, I will do the thing which is better, and give expiation for my oath."

That `Amr bin `Auf, who was an ally of Bani 'Amir bin Luai and one of those who fought at Badr in the company of the Prophet , said, "Allah's Apostle sent Abu 'Ubaida bin Al-Jarrah to Bahrain to bring the Jizya taxation from its people, for Allah's Apostle had made a peace treaty with the people of Bahrain and appointed Al-`Ala' bin Al-Hadrami as their ruler. So, Abu 'Ubaida arrived with the money from Bahrain. When the Ansar heard of the arrival of Abu 'Ubaida (on the next day) they offered the morning prayer with the Prophet and when the morning prayer had finished, they presented themselves before him. On seeing the Ansar, Allah's Apostle smiled and said, "I think you have heard that Abu 'Ubaida has brought something?" They replied, "Indeed, it is so, O Allah's Apostle!" He said, "Be happy, and hope for what will please you. By Allah, I am not afraid that you will be poor, but I fear that worldly wealth will be bestowed upon you as it was bestowed upon those who lived before you. So you will compete amongst yourselves for it, as they competed for it and it will destroy you as it did them."

That his father was martyred on the day of the battle of Uhud and was in debt and left six (orphan) daughters. Jabir, added, "When the season of plucking the dates came, I went to Allah's Apostle and said, "You know that my father was martyred on the day of Uhud, and he was heavily in debt, and I would like that the creditors should see you." The Prophet said, "Go and pile every kind of dates apart." I did so and called him (i.e. the Prophet ). When the creditors saw him, they started claiming their debts from me then in such a harsh manner (as they had never done before). So when he saw their attitude, he went round the biggest heap of dates thrice, and then sat over it and said, 'O Jabir), call your companions (i.e. the creditors).' Then he kept on measuring (and giving) to the creditors (their due) till Allah paid all the debt of my father. I would have been satisfied to retain nothing of those dates for my sisters after Allah had paid the debts of my father. But Allah saved all the heaps (of dates), so that when I looked at the heap where the Prophet had been sitting, it seemed as if a single date had not been taken away thereof."

The Prophet (saws) used to say: "O Allah, I seek refuge in Thee from poverty", lack and abasement, and I seek refuge in Thee lest I cause or suffer wrong."

The Prophet (saws) said: If they (the people) drink wine, flog them, again if they drink it, flog them. Again if they drink it, kill them.

Yahya related to me from Malik from Yunus ibn Yusuf from Said ibn al-Musayyab that Umar ibn al-Khattab passed by Hatab ibn Abi Baltaa who was underselling some of his raisins in the market. Umar ibn al- Khattab said to him, "Either increase the price or leave our market."

Malik related to me from Nafi from Abdullah ibn Umar that A'isha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, "We will sell her to you provided that her wala' is ours." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Don't let that hinder you, for the wala' only belongs to the one who sets free."

Malik related to me that he heard that Abdullah ibn Masud used to say, "You must tell the truth. Truthfulness leads to right action. Right action leads to the Garden. Beware of lying. Lying leads to corruption, and corruption leads to the Fire. Don't you see that it is said, 'He speaks the truth and acts rightly,' and, 'He lies and is corrupt.' "

Allah's Apostle said, "The Kanz (money, the Zakat of which is not paid) of anyone of you will appear in the form of bald-headed poisonous male snake on the Day of Resurrection."

Allah's Apostle forbade Ash-Shighar, which means that somebody marries his daughter to somebody else, and the latter marries his daughter to the former without paying Mahr.

The Prophet said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Apostle! How can we know her permission?" He said, "Her silence (indicates her permission).

Whenever Ibn `Umar was asked about marrying a Christian lady or a Jewess, he would say: "Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jesus is her Lord although he is just one of Allah's slaves."

A woman asked the Prophet saying, "0 Allah's Apostle! My daughter got measles and her hair fell out. Now that I got her married, may I let her use false hair?" He said (to her), "Allah has cursed the lady who lengthens hair artificially and the one who gets her hair lengthened artificially."

That Heraclius sent for him and said, "What did he, i.e. the Prophet order you?" I replied, "He orders us to offer prayers; to give alms; to be chaste; and to keep good relations with our relatives.

That the Prophet said to her, "Gabriel sends Salam (greetings) to you." She replied, "Wa 'alaihi-s- Salam Wa Rahmatu-l-lah." (Peace and Allah's Mercy be on him).

[At-Tirmidhi].

Hind (bint `Utba) said to the Prophet "Abu Sufyan is a miserly man and I need to take some money of his wealth." The Prophet said, "Take reasonably what is sufficient for you and your children "

Yahya related to me from Malik that he had heard that Said ibn Abi Waqqas used to pass in front of some of the rows while the prayer was in progress.

Malik said, "I consider that it is permissible to do that if the iqama for the prayer has been said and the imam has said the initial takbir and a man cannot find any way into the mosque except by going between the rows."

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

Yahya related to me from Malik that he had heard that Talha ibn Ubaydullah used to send his family and children from Muzdalifa to Mina ahead of him.

Yahya related to me from Malik from Yahya ibn Said from Adi ibn Thabit al-Ansari that Abdullah ibn Yazid al-Khatmi told him that Abu Ayyub al-Ansari told him that he prayed maghrib and isha together at Muzdalifa during the farewell hajj, with the Messenger of Allah, may Allah bless him and grant him peace.

The Prophet saw a man driving a Badana. He said, "Ride on it." The man replied, "It is a Badana." The Prophet said (again), "Ride on it." He (the man) said, "It is a Badana." The Prophet said thrice, "Ride on it."

This hadith has been transmitted on the authority of Abu Huraira with a slight variation of wording.

When I mentioned it (i.e. the narration of Rafi` 'bin Khadij: no. 532) to Tawus, he said, "It is permissible to rent the land for cultivation, for Ibn `Abbas said, 'The Prophet did not forbid that, but said: One had better give the land to one's brother gratis rather than charge a certain amount for it.' "