Abu Dawud said: This tradition has been narrated by Hammam from ibn Juhadah, but he did not mention the raising of hands after he raised his head at the end of the prostration.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

We were with the Prophet in Dhul-Hulaifa and there the people were struck with severe hunger. Then we got camels and sheep as war booty (and slaughtered them). The Prophet was behind all the people. The people hurried and fixed the cooking pots (for cooking) but the Prophet came there and ordered that the cooking pots be turned upside down. Then he distributed the animals, regarding ten sheep as equal to one camel. One of the camels ran away and there were a few horses with the people. They chased the camel but they got tired, whereupon a man shot it with an arrow whereby Allah stopped it. The Prophet said, "Among these animals some are as wild as wild beasts, so if one of them runs away from you, treat it in this way." I said. "We hope, or we are afraid that tomorrow we will meet the enemy and we have no knives, shall we slaughter (our animals) with canes?" The Prophet said, "If the killing tool causes blood to gush out and if Allah's Name is mentioned, eat (of the slaughterer animal). But do not slaughter with a tooth or a nail. I am telling you why: A tooth is a bone, and the nail is the knife of Ethiopians."

A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (saws).

This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property.

The Prophet (saws) said: He who copies any people is one of them.

When the Prophet was cupped, he paid the man who cupped him his wages.

The Prophet said, "Plague is the cause of martyrdom of every Muslim (who dies because of it).

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."

Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."

Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

This hadith has been narrated by Amr al-Naqid, Yazid b. Harun, 'Abd b. Humaid, Abd al-Razzaq, Thauri, Ayyub b. Musa, with the same chain of transmitters. In hadith narrated by Abd al-Razzaq there is a mention of the menstruation and of the sexual intercourse. The rest of the hadith has been transmitted like that of Ibn 'Uyaina.

Malik related to me from Abdullah ibn Dinar saying, "Abdullah ibn Umar and I were at the house of Khalid ibn Uqba who was away at the market. A man came who wanted to speak to Abdullah ibn Umar and I was the only other person present Abdullah ibn Umar called another man so that we were four and said to me and the man whom he had called, 'Go a little way off together, because I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Two do not converse secretly to the exclusion of another.' "'

The Prophet (saws) said: The trumpet (sur) which will be blown.

This hadith has been transmitted with the same chain of transmitters from Mu'awyia b. Salih by Zuhair b. Harb, 'Abd al-Rahman b. Mahdi, Harun b. Sa'id al-'Aili and Ibn Wahb.

The Arabs in the pre-Islamic period did not return from al-Muzdalifah till they saw sunlight at the mountain Thabir. The Prophet (saws) opposed them and returned before the sunrise.

I heard the Prophet saying, "Banu Al-Mughira have asked my leave to let `Ali marry their daughter, but I give no leave to this effect."

The Prophet offered the Zuhr, `Asr, Maghrib and `Isha' prayers and slept for a while at a place called Al-Mahassab and then he rode towards the Ka`ba and performed Tawaf (al-Wada`).

I never saw the Messenger of Allah (saws) praying in front of a stick, a pillar, or a tree, without having it opposite his right or left eyebrow, and not facing it directly.

From his father, from his grandfather, that he went with the Messenger of Allah (saws) to the Musalla, and he saw the people doing business so he said: 'O people of trade!' and they replied to the Messenger of Allah (saws) turning their necks and their gazes towards him, and he said: Indeed the merchants will be resurrected on the Day of judgement with the wicked, except the one who has Taqwa of Allah, who behaves charitably and is truthful.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And they also say Isma'il bin 'Ubaidullah bin Rifa'ah.

The narrator Ibn al-Had said: I think I have transmitted this tradition from al-Mughirah b. Shu'bah.

Allah's Apostle said to me, "The most beloved fasting to Allah was the fasting of (the Prophet) David who used to fast on alternate days. And the most beloved prayer to Allah was the prayer of David who used to sleep for (the first) half of the night and pray for 1/3 of it and (again) sleep for a sixth of it."

AbdulMuttalib ibn Rabi'ah ibn al-Harith said that his father, Rabi'ah ibn al-Harith, and Abbas ibn al-Muttalib said to AbdulMuttalib ibn Rabi'ah and al-Fadl ibn Abbas: Go to the Messenger of Allah (saws) and tell him: Messenger of Allah, we are now of age as you see, and we wish to marry. Messenger of Allah, you are the kindest of the people and the most skilled in matchmaking. Our fathers have nothing with which to pay our dower. So appoint us collector of sadaqah (zakat), Messenger of Allah, and we shall give you what the other collectors give you, and we shall have the benefit accruing from it. Ali came to us while we were in this condition.

He said: The Messenger of Allah (saws) said: No, I swear by Allah, he will not appoint any of you collector of sadaqah (zakat).

Rabi'ah said to him: This is your condition; you have gained your relationship with the Messenger of Allah (saws) by marriage, but we did not grudge you that. Ali then put his cloak on the earth and lay on it.

He then said: I am the father of Hasan, the chief. I swear by Allah, I shall not leave this place until your sons come with a reply (to the question) for which you have sent them to the Prophet (saws).

AbdulMuttalib said: So I and al-Fadl went towards the door of the apartment of the Prophet (saws). We found that the noon prayer in congregation had already started. So we prayed along with the people. I and al-Fadl then hastened towards the door of the apartment of the Prophet (saws). He was (staying) with Zaynab, daughter of Jahsh, that day. We stood until the Messenger of Allah (saws) came. He caught my ear and the ear of al-Fadl.

He then said: Reveal what you conceal in your hearts. He then entered and permitted me and al-Fadl (to enter). So we entered and for a little while we asked each other to talk. I then talked to him, or al-Fadl talked to him (the narrator, Abdullah was not sure).

He said: He spoke to him concerning the matter about which our fathers ordered us to ask him. The Messenger of Allah (saws) remained silent for a moment and raised his eyes towards the ceiling of the room. He took so long that we thought he would not give any reply to us. Meanwhile we saw that Zaynab was signalling to us with her hand from behind the veil, asking us not to be in a hurry, and that the Messenger of Allah (saws) was (thinking) about our matter.

The Messenger of Allah (saws) then lowered his head and said to us: This sadaqah (zakat) is a dirt of the people. It is legal neither for Muhammad nor for the family of Muhammad. Call Nawfal ibn al-Harith to me. So Nawfal ibn al-Harith was called to him.

He said: Nawfal, marry AbdulMuttalib (to your daughter). So Nawfal married me (to his daughter).

The Prophet (saws) then said: Call Mahmiyyah ibn Jaz'i to me. He was a man of Banu Zubayd, whom the Messenger of Allah (saws) had appointed collector of the fifths.

The Messenger of Allah (saws) said to Mahmiyyah: Marry al-Fadl (to your daughter). So he married him to her. The Messenger of Allah (saws) said: Stand up and pay the dower from the fifth so-and-so on their behalf. Abdullah ibn al-Harith did not name it (i.e. the amount of the dower).

Allah's Apostle forbade Al-Wisal in fasting. So, one of the Muslims said to him, "But you practice Al- Wisal. O Allah's Apostle!" The Prophet replied, "Who amongst you is similar to me? I am given food and drink during my sleep by my Lord." So, when the people refused to stop Al-Wisal (fasting continuously), the Prophet fasted day and night continuously along with them for a day and then another day and then they saw the crescent moon (of the month of Shawwal). The Prophet said to them (angrily), "If It (the crescent) had not appeared, I would have made you fast for a longer period." That was as a punishment for them when they refused to stop (practicing Al-Wisal).

(who fought in twelve Ghazawat in the company of the Prophet). I heard four things from the Prophet and they won my admiration. He said; -1. "No lady should travel on a journey of two days except with her husband or a Dhi-Mahram; -2. "No fasting is permissible on the two days of Id-ul-Fitr and `Id-ul-Adha; -3. "No prayer (may be offered) after the morning compulsory prayer until the sun rises; and no prayer after the `Asr prayer till the sun sets; -4. "One should travel only for visiting three Masjid (Mosques): Masjid-al-Haram (Mecca), Masjid-al- Aqsa (Jerusalem), and this (my) Mosque (at Medina).

A man got up at night and recited the Qur'an in a loud voice. When the dawn came, the Messenger of Allah (saws) said: May Allah have mercy on so-and-so who reminded me many verses that I had nearly forgotten.

Abu Dawud said: Harun al-Nahwi transmitted from Hammad b. Salamah the Quranic verse of Surah Al-'Imran: "How many of the prophet fought (in Allah's way)" (3:146)

When Ibrahim, the son of the Prophet (saws) died, he prayed over him at the place where he used to sit.

Abu Dawud said: I recited to Sa'id b. Ya'qub al-Taliqani saying: Ibn al-Mubarak transmitted to you from Ya'qub b. al-Qa'qa' on the authority of 'Ata that the Prophet (saws) prayed over his son Ibrahim when he was seventeen days old.

[Abu 'Eisa said:] This chain of this Hadith is not strong. It has been reported as a saying of 'Ali and it has been reported from Sharik bin Hanbal from the Prophet (saws) in Mursal form. Muhammad said: "Al-Jarrah bin Malih (one of the narratos) is truthful, and Al-Jarrah bin Ad-Dahhak is Muqarib (average) in Hadith.

AbuMisbah al-Muqra'i said: We used to sit in the company of AbuZuhayr an-Numayri. He was a companion of the Prophet (saws), and he used to narrate good traditions. Once a man from among us made a supplication. He said: End it with the utterance of Amin, for Amin is like a seal on the book.

AbuZuhayr said: I shall tell you about that. We went out with the Messenger of Allah (saws) one night and came upon a man who made supplication with persistence. The Prophet (saws) waited to hear him. The Prophet (saws) said: He will have done something which guarantees (Paradise for him) if he puts a seal to it. One of the people asked: What should he use as a seal? He replied: Amin, for if he ends it with Amin, he will do something which guarantees (Paradise for him).

Then the man who questioned the Prophet (saws) came to the man who was supplicating, and said to him: So-and-so, end it with Amin and receive the good news. These are the words of Mahmud.

Abu Dawud said: Al-Muqra'i is a clan of Himyar.

'Umar consulted the companions about the case of a woman's abortion (caused by somebody else). Al-Mughira said: The Prophet gave the verdict that a male or female slave should be given (as a Diya). Then Muhammad bin Maslama testified that he had witnessed the Prophet giving such a verdict.

Yahya related to me that Abd ar-Rahman ibn Harmala al-Aslami said, "I saw Said ibn al-Musayyab with his nose bleeding and blood poured out of it so that his fingers were all red from the blood coming out of his nose, and he prayed without doing wudu."

Yahya related to me from Malik from Abd ar-Rahman ibn Harmala al- Aslami from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, "What separates us from the hypocrites is being present at isha and subh. They cannot do it," or words to that effect.

Yahya related to me from Malik from Yahya ibn Said that a man used to lead the people in prayer in al-Aqiq (a place near Madina), and Umar ibn Abd al-Aziz sent a message to him forbidding him to do so.

Malik said, "He only forbade him because his father was not known."

Yahya related to me from Malik, from Abd ar-Rahman ibn al-Qasim, from his father, that Umar ibn al-Khattab said, "People of Makka, why is it that people arrive dishevelled while you still have oil on your hair? Go into ihram when you see the new moon."

Ibn al-Sarh said: “on the authority of Ibn al-Musayyab instead of Sa’id’.

Malik related to me from Amr ibn Yahya al-Mazini from his father that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large source of water. He wanted to have it pass through the land of Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak said to him, "Why do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you." Muhammed refused so ad- Dahhak spoke about it to Umar ibn al-Khattab, and Umar ibn al-Khattab summoned Muhammad ibn Maslama and ordered him to clear the way. Muhammad said, "No." Umar said, "Why do you prevent your brother from what will benefit him and is also useful for you? You will take water from it first and last and it will not harm you."

Muhammad said, "No, by Allah!" Umar said, "By Allah, he will pass it through, even if it is over your belly!" Umar ordered him to allow its passage and ad-Dahhak did so.

On his father's authority, said that his grandfather reported that the value of the blood-money at the time of the Messenger of Allah (saws) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims.

He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.

He said, "Doesn't a man who has horses with white legs and white blazes on their foreheads among totally black horses recognise which ones are his own?" They said, "Of course, Messenger of Allah." He went on, "Even so will they come on the day of rising with white marks on their foreheads, hands and feet from wudu, and I will precede them to the Hawd. Some men will be driven away from the Hawd as if they were straying camels and I shall call out to them, 'Will you not come? Will you not come? Will you not come?' and someone will say, 'They changed things after you,' so I shall say, 'Then away with them, away with them, away with them!' "

Yahya related to me from Malik from Zayd ibn Aslam that Abu Hurayra and Sad ibn Abi Waqqas used to say that someone who was fasting was allowed to kiss.

"The Messenger of Allah (saws) said to me: 'If you want to stick with me, then suffice yourself in the world with the provisions of the rider. And beware of gatherings of the rich, and do not consider a garment to be worn out until it has been patched.'"

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except as a narration of Salih bin Hassan. He said: I heard Muhammad bin Isma'il saying: "Salih bin Hassan is Munkar is Hadith." And Salih bin Hassan - the one who Ibn Abi Dhi'b reports from - is trustworthy.

[Abu 'Eisa said:] The meaning of this saying: "And beware of gathering of the rich" is similar to what was related from Abu Hurairah from the Prophet (saws), that he said: "Whoever sees one that has been more favored than him in appearance and provision, then let him look at the one who is less than him, rather than one who is favored more than him. For indeed it is more appropriate so that he not scorn Allah's favors [upon him]."

And it has been related from 'Awn bin 'Abdullah who said: "I accompanied the rich, and did not see anyone with more troubles than me. I saw a beast that was better than my beast, and a garment that was better than my garment. And I accompanied the poor, and felt at ease."

Anas bin Malik said, "When the emigrants came Medina, they had nothing whereas the Ansar had land and property. The Ansar gave them their land on condition that the emigrants would give them half the yearly yield and work on the land and provide the necessaries for cultivation." His (i.e. Anas's mother who was also the mother of `Abdullah bin Abu Talha, gave some date-palms to Allah' Apostle who gave them to his freed slave-girl (Um Aiman) who was also the mother of Usama bin Zaid. When the Prophet finished from the fighting against the people of Khaibar and returned to Medina, the emigrants returned to the Ansar the fruit gifts which the Ansar had given them. The Prophet also returned to Anas's mother the date-palms. Allah's Apostle gave Um Aiman other trees from his garden in lieu of the old gift.

Hisham ibn Sa'd reported: We entered upon Mu'adh ibn Abdullah ibn Khubayb al-Juhani. He said to his wife: When (at what age) should a boy pray? She replied: Some person of us reported: The Messenger of Allah (saws) was asked about it; he said: When a boy distinguishes right hand from the left hand, then command him to pray.