Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, that Abu Murra, the mawla of Aqil ibn Abi Talib, told him that he had heard Umm Hani bint Abi Talib say, "I went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest and found him doing ghusl while his daughter Fatima, was screening him with a garment. I said to him, 'Peace be upon you' and he said, 'Who is that?' I replied, 'Umm Hani bint Abi Talib,' and he said, 'Welcome, Umm Hani!' When he had finished his ghusl, he stood and prayed eight rakas, covering himself with one garment, and then came away. I said, 'Messenger of Allah, the son of my mother, AIi, says that he is determined to kill so-and-so, son of Hubayra, a man I have placed under my protection.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'We give protection to whoever you have given protection to, Umm Hani.' "

Umm Hani related that this incident happened in the morning.

Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet (saws) to the effect that he gave a beating forty times with palm branches and sandals. And Shu'bah narrated it from Qatadah on the authority of Anas from Prophet (saws). This version has: He gave a beating with two palm-branches about forty times.

Yahya related to me from Malik from Nafic that Saffiyya bint Abi Ubayd suffered from an eye-complaint while she was in mourning for her husband, Abdullah ibn Umar. She did not apply kohl until her eyes almost had ramas (a dry white secretion in the corners of the eye).

Malik said, "A woman whose husband has died should anoint her eyes with olive oil and sesame oil and the like of that since there is no perfume in it."

Malik said, "A woman in mourning for her husband should not put on any jewellery - rings, anklets, or such- like, neither should she dress in any sort of colourful, striped garment unless it is coarse. She should not wear any cloth dyed with anything except black, and she should only dress her hair with things like lotus-tree leaves which do not dye the hair."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.

Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "

Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.

Malik said, "Three is the most preferable to me of what I have heard on that."

Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."

Ibn `Umar used to do Rami of the Jamrat-ud-Dunya (the Jamra near to the Khaif mosque) with seven small stones and used to recite Takbir on throwing every pebble. He then would go ahead till he reached the level ground where he would stand facing the Qibla for a long time to invoke (Allah) while raising his hands (while invoking). Then he would do Rami of the Jamrat-ul-Wusta (middle Jamra) and then he would go to the left towards the middle ground, where he would stand facing the Qibla. He would remain standing there for a long period to invoke (Allah) while raising his hands, and would stand there for a long period. Then he would do Rami of the Jamrat-ul-Aqaba from the middle of the valley, but he would not stay by it, and then he would leave and say, "I saw the Prophet doing like this."

Ibn `Umar used to spend the night at Dhi-Tuwa in between the two Thaniyas and then he would enter Mecca through the Thaniya which is at the higher region of Mecca, and whenever he came to Mecca for Hajj or `Umra, he never made his she camel kneel down except near the gate of the Masjid (Sacred Mosque) and then he would enter (it) and go to the Black (stone) Corner and start from there circumambulating the Ka`ba seven times: hastening in the first three rounds (Ramal) and walking in the last four. On finishing, he would offer two rak`at prayer and set out to perform Tawaf between Safa and Marwa before returning to his dwelling place. On returning (to Medina) from Hajj or `Umra, he used to make his camel kneel down at Al-Batha which is at Dhul-Hulaifa, the place where the Prophet used to make his camel kneel down.

Allah's Apostle sent me (as a governor) to the land of my people, and I came while Allah's Apostle was encamping at a place called Al-Abtah. The Prophet said, "Have you made the intention to perform the Hajj, O `Abdullah bin Qais?" I replied, "Yes, O Allah's Apostle!" He said, "What did you say?" I replied, "I said, 'Labbaik' and expressed the same intention as yours." He said, "Have you driven the Hadi along with you?" I replied, "No, I did not drive the Hadi." He said, "So perform the Tawaf of the Ka`ba and then the Sai, between Safa and Marwa and then finish the state of Ihram." So I did the same, and one of the women of (the tribe of) Banu-Qais combed my hair. We continued follow in that tradition till the caliphate of `Umar.

Abu Dawud said: Ibn 'Umar used to sit in ihtiba position while the imam gave the Friday sermon. Anas b. Malik, Shuraih, Sa'sa'ah b. Sawhan, Sa'id b. al-Musayyib, Ibrahim al-Nakha'i, Makhul, Isma'il, Ismail b. Muhammad b. Sa'd, and Nu'aim b. Sulamah said: There is no harm in sitting in ihtiba position.

Abu Dawud said: I do not know whether anyone considered it disapproved except 'Ubadah b. Nasayy.

Abu Burda and `Abdullah bin Shaddad sent me to `Abdur Rahman bin Abza and `Abdullah bin Abi `Aufa to ask them about the Salaf (Salam). They said, "We used to get war booty while we were with Allah's Apostle and when the peasants of Sham came to us we used to pay them in advance for wheat, barley, and oil to be delivered within a fixed period." I asked them, "Did the peasants own standing crops or not?" They replied, "We never asked them about it."

I asked `Abdullah bin Abu `Aufa "Did the Prophet make a will?" He replied, "No," I asked him, "How is it then that the making of a will has been enjoined on people, (or that they are ordered to make a will)?" He replied, "The Prophet bequeathed Allah's Book (i.e. Qur'an).

The people of Medina asked Ibn `Abbas about a woman who got her menses after performing Tawafal- Ifada. He said, "She could depart (from Mecca)." They said, "We will not act on your verdict and ignore the verdict of Zaid." Ibn `Abbas said, "When you reach Medina, inquire about it." So, when they reached Medina they asked (about that). One of those whom they asked was Um Sulaim. She told them the narration of Safiya (812).

The Prophet said, "The most sinful person among the Muslims is the one who asked about something which had not been prohibited, but was prohibited because of his asking."

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."

Ibn `Umar intended to perform Hajj in the year of the Hajj of Al-Harawriya during the rule of Ibn Az- Zubair. Some people said to him, "It is very likely that there will be a fight among the people, and we are afraid that they might prevent you (from performing Hajj)." He replied, "Verily, in Allah's Apostle there is a good example for you (to follow). In this case I would do the same as he had done. I make you witness that I have intended to perform `Umra." When he reached Al-Baida', he said, "The conditions for both Hajj and `Umra are the same. I make you witness that I have intended to perform Hajj along with `Umra." After that he took a garlanded Hadi (to Mecca) which he bought (on the way). When he reached (Mecca), he performed Tawaf of the Ka`ba and of Safa (and Marwa) and did not do more than that. He did not make legal for himself the things which were illegal for a Muhrim till it was the Day of Nahr (sacrifice), when he had his head shaved and slaughtered (the sacrifice) and considered sufficient his first Tawaf (between Safa and Marwa), as a (Sa`i) for his Hajj and `Umra both. He then said, "The Prophet used to do like that."

Yazid ibn Hurmuz said: Najdah wrote to Ibn Abbas asking him about such-and-such, and such-and-such, and he mentioned some things; he (asked) about a slave whether he would get something from the spoils; and he (asked) about women whether they used to go out (on expeditions) along with the Messenger of Allah (saws), and whether they would be allotted a share, Ibn Abbas said: Had I not apprehended a folly, I would not have written (a reply) to him. As for the slave, he was given a little of the spoils (as a reward from the booty); as to the women, they would treat the wounded and supply water.

Abu `Abdur-Rahman who was one of the supporters of `Uthman said to Abu Talha who was one of the supporters of `Ali, "I perfectly know what encouraged your leader (i.e. `Ali) to shed blood. I heard him saying: Once the Prophet sent me and Az-Zubair saying, 'Proceed to such-and-such Ar-Roudah (place) where you will find a lady whom Hatib has given a letter. So when we arrived at Ar-Roudah, we requested the lady to hand over the letter to us. She said, 'Hatib has not given me any letter.' We said to her. 'Take out the letter or else we will strip off your clothes.' So she took it out of her braid. So the Prophet sent for Hatib, (who came) and said, 'Don't hurry in judging me, for, by Allah, I have not become a disbeliever, and my love to Islam is increasing. (The reason for writing this letter was) that there is none of your companions but has relatives in Mecca who look after their families and property, while I have nobody there, so I wanted to do them some favor (so that they might look after my family and property).' The Prophet believed him. `Umar said, 'Allow me to chop off his (i.e. Hatib's) neck as he has done hypocrisy.' The Prophet said, (to `Umar), 'Who knows, perhaps Allah has looked at the warriors of Badr and said (to them), 'Do whatever you like, for I have forgiven you.' " `Abdur-Rahman added, "So this is what encouraged him (i.e. `Ali).

Al-Hayyaj ibn Imran ibn Husayn reported that a slave of Imran ran away. He took a vow to Allah that if he overpowers him, he will cut off his head. He then sent me (to Samurah ibn Jundub) to ask him about this question for him. I came to Samurah ibn Jundub and asked him. He said: The Messenger of Allah (saws) used to exhort us to give alms (sadaqah) and forbid us to mutilate (a slain). I then came to Imran ibn Husayn and asked him. He said: The Messenger of Allah (saws) used to exhort us to give alms (sadaqah) and forbid us to mutilate (a slain).

I asked Muhajid regarding the prostration in Surat Sa`d. He said, "Ibn `Abbas was asked the same question and he said, 'Those are they (the prophets) whom Allah had Guided. So follow their guidance." (6.90) Ibn `Abbas used to perform a prostration (on reading this Sura).

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, was asked about al-Ghubayra. He said, "There is no good in it," and forbade it. Malik said, "I asked Zayd ibn Aslam, 'What is al- Ghubayra?' He said, 'It is an intoxicant.' "

While the Prophet was distributing (something, `Abdullah bin Dhil Khawaisira at-Tamimi came and said, "Be just, O Allah's Apostle!" The Prophet said, "Woe to you ! Who would be just if I were not?" `Umar bin Al-Khattab said, "Allow me to cut off his neck ! " The Prophet said, " Leave him, for he has companions, and if you compare your prayers with their prayers and your fasting with theirs, you will look down upon your prayers and fasting, in comparison to theirs. Yet they will go out of the religion as an arrow darts through the game's body in which case, if the Qudhadh of the arrow is examined, nothing will be found on it, and when its Nasl is examined, nothing will be found on it; and then its Nadiyi is examined, nothing will be found on it. The arrow has been too fast to be smeared by dung and blood. The sign by which these people will be recognized will be a man whose one hand (or breast) will be like the breast of a woman (or like a moving piece of flesh). These people will appear when there will be differences among the people (Muslims)." Abu Sa`id added: I testify that I heard this from the Prophet and also testify that `Ali killed those people while I was with him. The man with the description given by the Prophet was brought to `Ali. The following Verses were revealed in connection with that very person (i.e., `Abdullah bin Dhil-Khawaisira at-Tarnimi): 'And among them are men who accuse you (O Muhammad) in the matter of (the distribution of) the alms.' (9.58)

AbuZumayl said: I asked Ibn Abbas, saying: What is that I find in my breast? He asked: What is it? I replied: I swear by Allah, I cannot speak about it. He asked me: Is it something doubtful? and he laughed. He then said: No one could escape that, until Allah, the exalted, revealed: "If thou went in doubt as to what we have revealed unto thee, and ask those who have been reading the Book from before thee." He said: If you find something in your heart, say: He is the first and the Last, the Evident and the Immanent, and He has full knowledge of all things.

I heard `Aisha saying, "The Prophet used to stay for a long while with Zanab bint Jahsh and drink honey at her house. So Hafsa and I decided that if the Prophet came to anyone of us, she should say him, "I detect the smell of Maghafir (a nasty smelling gum) in you. Have you eaten Maghafir?' " So the Prophet visited one of them and she said to him similarly. The Prophet said, "Never mind, I have taken some honey at the house of Zainab bint Jahsh, but I shall never drink of it anymore." So there was revealed: 'O Prophet ! Why do you ban (for you) that which Allah has made lawful for you . . . If you two (wives of Prophet) turn in repentance to Allah,' (66.1-4) addressing Aisha and Hafsa. 'When the Prophet disclosed a matter in confidence to some of his wives.' (66.3) namely his saying: But I have taken some honey."

I was a young unmarried man during the lifetime of the Prophet. I used to sleep in the mosque. Anyone who had a dream, would narrate it to the Prophet. I said, "O Allah! If there is any good for me with You, then show me a dream so that Allah's Apostle may interpret it for me." So I slept and saw (in a dream) two angels came to me and took me along with them, and they met another angel who said to me, "Don't be afraid, you are a good man." They took me towards the Fire, and behold, it was built inside like a well, and therein I saw people some of whom I recognized, and then the angels took me to the right side. In the morning, I mentioned that dream to Hafsa. Hafsa told me that she had mentioned it to the Prophet and he said, "`Abdullah is a righteous man if he only prays more at night." (Az-Zuhri said, "After that, `Abdullah used to pray more at night.")

Allah's Apostle said, "Your stay (in this world) in comparison to the stay of the nations preceding you, is like the period between `Asr prayer and the sun set (in comparison to a whole day). The people of the Torah were given the Torah and they acted on it till midday and then they were unable to carry on. And they were given (a reward equal to) one Qirat each. Then the people of the Gospel were given the Gospel and they acted on it till `Asr Prayer and then they were unable to carry on, so they were given la reward equal to) one Qirat each. Then you were given the Qur'an and you acted on it till sunset, therefore you were given (a reward equal to) two Qirats each. On that, the people of the Scriptures said, 'These people (Muslims) did less work than we but they took a bigger reward.' Allah said (to them). 'Have I done any oppression to you as regards your rights?' They said, "No." Then Allah said, 'That is My Blessing which I grant to whomsoever I will.' "

My Lord agreed with me in three things: -1. I said, "O Allah's Apostle, I wish we took the station of Abraham as our praying place (for some of our prayers). So came the Divine Inspiration: And take you (people) the station of Abraham as a place of prayer (for some of your prayers e.g. two rak`at of Tawaf of Ka`ba)". (2.125) -2. And as regards the (verse of) the veiling of the women, I said, 'O Allah's Apostle! I wish you ordered your wives to cover themselves from the men because good and bad ones talk to them.' So the verse of the veiling of the women was revealed. -3. Once the wives of the Prophet made a united front against the Prophet and I said to them, 'It may be if he (the Prophet) divorced you, (all) that his Lord (Allah) will give him instead of you wives better than you.' So this verse (the same as I had said) was revealed." (66.5).

that his father had written to Ibn Al-Arqam a letter asking him to ask Subai'a Al-Aslamiya how the Prophet had given her the verdict. She said, "The Prophet, gave me his verdict that after I gave birth, I could marry."

A man came to the Prophet asking his permission to take part in Jihad. The Prophet asked him, "Are your parents alive?" He replied in the affirmative. The Prophet said to him, "Then exert yourself in their service."

Ikrimah quoted Ibn Abbas as saying: When asking for something you should raise your hands opposite to your shoulders; when asking for forgiveness you should point with one finger; and when making an earnest supplication you should spread out both your hands.

Abu Dawud said: 'Ata also transmitted it from Ibn 'Abbas in a similar way. He commanded to act upon this.

The Prophet was asked by a man who said, "I have done the Rami in the evening." The Prophet replied, "There is no harm in it." Another man asked, "I had my head shaved before the slaughtering." The Prophet replied, "There is no harm in it."

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

Malik related to me from Safwan ibn Sulaym from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was questioned by a man who said, "Messenger of Allah, shall I ask permission of my mother to enter?" He said, "Yes " The man said, "I live with her in the house". The Messenger of Allah, may Allah bless him and grant him peace, said "Ask her permission." The man said, "I am her servant." The Messenger of Allah. may Allah bless him and grant him peace, said, "Ask her permission. Do you want to see her naked?" He said, "No." He said, "Then ask her permission."

Allah's Apostle sent me along with AzZubair and Al-Miqdad and said, "Proceed till you reach a place called Raudat-Khakh where there is a lady travelling in a howda on a camel. She has a letter. Take the letter from her." So we set out, and our horses ran at full pace till we reached Raudat Khakh, and behold, we saw the lady and said (to her), "Take out the letter!" She said, "I have no letter with me." We said, "Either you take out the letter or we will strip you of your clothes." So she took the letter out of her hair braid. We brought the letter to the Prophet and behold, it was addressed by Hatib bin Abi Balta'a to some pagans at Mecca, informing them of some of the affairs of the Prophet. The Prophet said, "What is this, O Hatib?" Hatib replied, "Do not be hasty with me, O Allah's Apostle! I am an Ansari man and do not belong to them (Quraish infidels) while the emigrants who were with you had their relatives who used to protect their families and properties at Mecca. So, to compensate for not having blood relation with them.' I intended to do them some favor so that they might protect my relatives (at Mecca), and I did not do this out of disbelief or an inclination to desert my religion." The Prophet then said (to his companions), "He (Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop his head off?" The Apostle said, "He is one of those who witnessed (fought in) the Battle of Badr, and what do you know, perhaps Allah looked upon the people of Badr (Badr warriors) and said, 'Do what you want as I have forgiven you.' " (`Amr, a sub-narrator, said,: This Verse was revealed about him (Hatib): 'O you who believe! Take not My enemies and your enemies as friends or protectors.' (60.1) Narrated `Ali: Sufyan was asked whether (the Verse): 'Take not My enemies and your enemies...' was revealed in connection with Hatib. Sufyan replied, "This occurs only in the narration of the people. I memorized the Hadith from `Amr, not overlooking even a single letter thereof, and I do not know of anybody who remembered it by heart other than myself."

The Messenger of Allah (saws) came to visit us in our house, and said: Peace and Allah's mercy be upon you! Sa'd returned the greeting in a lower tone.

Qays said: I said: Do you not grant permission to the Messenger of Allah (saws) to enter?

He said: Leave him, he will give us many greetings. The Messenger of Allah (saws) then said: Peace and Allah's mercy be upon you! Sa'd again responded in a lower tone. The Messenger of Allah (saws) again said: Peace and Allah's mercy be upon you! So the Messenger of Allah (saws) went away.

Sa'd went after him and said: Messenger of Allah! I heard your greetings and responded in a lower tone so that you might give us many greetings. The Messenger of Allah (saws) returned with him. Sa'd then offered to prepare bath-water for him, and he took a bath. He then gave him a long wrapper dyed with saffron or wars and he wrapped himself in it.

The Messenger of Allah (saws) then raised his hands and said: O Allah, bestow Thy blessings and mercy on the family of Sa'd ibn Ubadah! The Messenger of Allah (saws) then shared their meals.

When he intended to return, Sa'd brought near him an ass which was covered with a blanket. The Messenger of Allah (saws) mounted it.

Sa'd said: O Qays, accompany the Messenger of Allah. Qays said: The Messenger of Allah (saws) said to me: Ride. But I refused. He again said: Either ride or go away. He said: So I went away.

Hisham said: AbuMarwan (transmitted) from Muhammad ibn AbdurRahman ibn As'ad ibn Zurarah.

Abu Dawud said: 'Umar b. 'Abd al-Wahid and Ibn Sama'ah transmitted it from al-Awzai' in mursal form (the ling of the Companion being missing), and they did not mention Qais b. Sa'd.

Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.

Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "