Yahya related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given this son of mine one of my slaves." The Messenger of Allah, may Allah bless him and grant him peace, said, "Have you given each of your children the same as this?" He said, "No." The Messenger of Allah, may Allah bless him and grant him peace, said, "Then take the slave back."

Allah's Apostle said, "If a man says to his brother, O Kafir (disbeliever)!' Then surely one of them is such (i.e., a Kafir). "

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"

Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."

Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave Hafsa bint Abd arRahman in marriage to al-Mundhir ibn az-Zubayr while Abd ar-Rahman was away in Syria. When Abd ar-Rahman arrived, he said, "Shall someone like me have this done to him? Am I the kind of man to have something done to him without his consent?" A'isha spoke to al-Mundhir ibn az-Zubayr, and al-Mundhir said, "It is in the hands of Abd ar-Rahman." Abd ar-Rahman said, "I won't oppose something that you have already completed." Hafsa was confirmed with al-Mundhir, and there was no divorce.

`Umar bin Al-Khattab gave a horse in charity in Allah's Cause and later he saw it being sold in the market and intended to purchase it. Then he went to the Prophet and asked his permission. The Prophet said, "Do not take back what you have given in charity." For this reason, Ibn `Umar never purchased the things which he had given in charity, and in case he had purchased something (unknowingly) he would give it in charity again.

`Aisha intended to buy Barira (a slave-girl) in order to manumit her and her masters intended to put the condition that her Al-wala would be for them. `Aisha mentioned that to the Prophet who said to her, "Buy her, as the "Wala" is for the manumitted." Once some meat was presented to the Prophet and `Aisha said to him, "This (meat) was given in charity to Barira." He said, "It is an object of charity for Barira but a gift for us."

I was with Ibn `Umar on the way to Mecca, and he got the news that Safiya bint Abu Ubaid was seriously ill. So, he hastened his pace, and when the twilight disappeared, he dismounted and offered the Maghrib and `Isha' prayers together. Then he said, "I saw that whenever the Prophet had to hasten when traveling, he would delay the Maghrib prayer and join them together (i.e. offer the Maghrib and the `Isha prayers together).

Ibn Abbas reported that the People of the Book used to let their hair fall (on their foreheads) and the polytheists used to part them on their heads, and Allah's Messenger (may peace be upon him) liked to conform his behaviour to the People of the Book in matters in which he received no command (from God) ; so Allah's Messenger (may peace be upon him) let fall his hair upon his forehead, and then he began to part it after this.

Allah's Apostle said, "Amongst the nations before you there was a man who got a wound, and growing impatient (with its pain), he took a knife and cut his hand with it and the blood did not stop till he died. Allah said, 'My Slave hurried to bring death upon himself so I have forbidden him (to enter) Paradise.' "

Anas said, 'When Allah's Apostle invaded Khaibar, we offered the Fajr prayer there (early in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, 'Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.' He repeated this thrice. The people came out for their jobs and some of them said, 'Muhammad (has come).' (Some of our companions added, "With his army.") We conquered Khaibar, took the captives, and the booty was collected. Dihya came and said, 'O Allah's Prophet! Give me a slave girl from the captives.' The Prophet said, 'Go and take any slave girl.' He took Safiya bint Huyai. A man came to the Prophet and said, 'O Allah's Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraidha and An-Nadir and she befits none but you.' So the Prophet said, 'Bring him along with her.' So Dihya came with her and when the Prophet saw her, he said to Dihya, 'Take any slave girl other than her from the captives.' Anas added: The Prophet then manumitted her and married her." Thabit asked Anas, "O Abu Hamza! What did the Prophet pay her (as Mahr)?" He said, "Her self was her Mahr for he manumitted her and then married her." Anas added, "While on the way, Um Sulaim dressed her for marriage (ceremony) and at night she sent her as a bride to the Prophet . So the Prophet was a bridegroom and he said, 'Whoever has anything (food) should bring it.' He spread out a leather sheet (for the food) and some brought dates and others cooking butter. (I think he (Anas) mentioned As-Sawaq). So they prepared a dish of Hais (a kind of meal). And that was Walima (the marriage banquet) of Allah's Apostle ."

Talhah ibn al-Bara' fell ill and the Prophet (saws) came to pay him a sick-visit. He said: I think Talhah has died; so tell me (about his death), and make haste, for it is not advisable that the corpse of a Muslim should remain withheld among his family.

The Prophet (saws) said: When you hear....(Musa's version has): When a man says people have perished, he is the one who has suffered that fate most.

Abu Dawud said: Malik said: If he says that out of sadness for the decadence of religion which he sees among the people, I do not think there is any harm in that. If he says that out of self-conceit and servility of the people, it is an abominable act which has been prohibited.

I narrated it to Abu Bakr bin Hazm and he said: "This is what Abu Salamah narrated to me from Abu Hurairah.

We were sitting in the company of Hudhaifa who asked for water and a Magian brought him water. But when he placed the cup in his hand, he threw it at him and said, "Had I not forbidden him to do so more than once or twice?" He wanted to say, "I would not have done so," adding, "but I heard the Prophet saying, "Do not wear silk or Dibaja, and do not drink in silver or golden vessels, and do not eat in plates of such metals, for such things are for the unbelievers in this worldly life and for us in the Hereafter."

Once Allah's Apostle came to me in the morning, and a man among us said, "Where is Malik bin Ad- Dukhshun?" Another man from us replied, "He is a hypocrite who does not love Allah and His Apostle." The Prophet said, "Don't you think that he says: None has the right to be worshipped but Allah, only for Allah's sake?" They replied, "Yes" The Prophet said, "Nobody will meet Allah with that saying on the Day of Resurrection, but Allah will save him from the Fire."

In the year of the conquest of Khaibar I went with Allah's Apostle till we reached Sahba, a place near Khaibar, where Allah's Apostle offered the `Asr prayer and asked for food. Nothing but saweeq was brought. He ordered it to be moistened with water. He and all of us ate it and the Prophet got up for the evening prayer (Maghrib prayer), rinsed his mouth with water and we did the same, and he then prayed without repeating the ablution.

I heard As-Saib bin Yazid, saying, "In the lifetime of Allah's Apostle, and Abu Bakr and `Umar, the Adhan for the Jumua prayer used to be pronounced after the Imam had taken his seat on the pulpit. But when the people increased in number during the caliphate of `Uthman, he introduced a third Adhan (on Friday for the Jumua prayer) and it was pronounced at Az-Zaura' and that new state of affairs remained so in the succeeding years.

"`Umar bin Al-Khattab addressed the Corner (Black Stone) saying, 'By Allah! I know that you are a stone and can neither benefit nor harm. Had I not seen the Prophet touching (and kissing) you, I would never have touched (and kissed) you.' Then he kissed it and said, 'There is no reason for us to do Ramal (in Tawaf) except that we wanted to show off before the pagans, and now Allah has destroyed them.' `Umar added, '(Nevertheless), the Prophet did that and we do not want to leave it (i.e. Ramal).'

We came to the Prophet (saws), and a man came and said: Prophet of Allah, what do you say if one prays in a single garment? The Messenger of Allah (saws) then took off his wrapper and combined it with his sheet, and put it on them. He got up and the Prophet of Allah (saws) led us in prayer. When he finished the prayer, he said: Does every one of you have two garments?

Jabir bin 'Abdullah (Allah be pleased with them) said that the Messenger of Allah (may peace be upon him) decreed pre-emption in every joint ownership and not divided-the one-it may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.

Once the Prophet went to the house of Fatima but did not enter it. `Ali came and she told him about that. When 'All asked the Prophet about it, he said, "I saw a (multicolored) decorated curtain on her door. I am not interested in worldly things." `Ali went to Fatima and told her about it. Fatima said, "I am ready to dispense with it in the way he suggests." The Prophet ordered her to send it to such-andsuch needy people. "

That the mother of Sa`d bin Ubada the brother of Bani Saida died in Sa`d's absence, so he came to the Prophet saying, "O Allah's Apostle! My mother died in my absence, will it benefit her if I give in charity on her behalf?" The Prophet said, "Yes." Sa`d said, "I take you as my witness that I give my garden Al-Makhraf in charity on her behalf."

While I was in the company of `Abdullah bin `Umar on the way to Mecca, he received the news of the severe illness of Safiya bint Abi Ubaid (i.e. his wife), so he proceeded at greater speed, and when the twilight disappeared, he dismounted and offered the Maghrib and `Isha 'prayers together and said, " I saw the Prophet delaying the Maghrib prayer to offer it along with the `Isha' when he was in a hurry on a journey."

The Prophet returned to Khadija while his heart was beating rapidly. She took him to Waraqa bin Naufal who was a Christian convert and used to read the Gospels in Arabic Waraqa asked (the Prophet), "What do you see?" When he told him, Waraqa said, "That is the same angel whom Allah sent to the Prophet) Moses. Should I live till you receive the Divine Message, I will support you strongly."

Jabir said, "The Prophet ordered `Ali to keep the state of Ihram." Jabir added, "Ali bin Abi Talib returned (from Yemen) when he was a governor (of Yemen). The Prophet said to him, 'With what intention have you assumed the state of Ihram?' `Ali said, "I have assumed Ihram with an intention as that of the Prophet." Then the Prophet said (to him), 'Offer a Hadi and keep the state of Ihram in which you are now.' `Ali slaughtered a Hadi on his behalf."

Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.

She said: I have no need of perfume, but I heard the Messenger of Allah (saws) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.

She then said: I have no need of perfume, but I heard the Messenger of Allah (saws) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (saws) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?

The Messenger of Allah (saws) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (saws) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.

Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.

Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.

Abu Dawud said: The Arabic word "hafsh" means a small cell.

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

who was one of those who used to write the Divine Revelation: Abu Bakr sent for me after the (heavy) casualties among the warriors (of the battle) of Yamama (where a great number of Qurra' were killed). `Umar was present with Abu Bakr who said, `Umar has come to me and said, The people have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be more casualties among the Qurra' (those who know the Qur'an by heart) at other battle-fields, whereby a large part of the Qur'an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur'an." Abu Bakr added, "I said to `Umar, 'How can I do something which Allah's Apostle has not done?' `Umar said (to me), 'By Allah, it is (really) a good thing.' So `Umar kept on pressing, trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as `Umar." (Zaid bin Thabit added:) `Umar was sitting with him (Abu Bakr) and was not speaking. me). "You are a wise young man and we do not suspect you (of telling lies or of forgetfulness): and you used to write the Divine Inspiration for Allah's Apostle. Therefore, look for the Qur'an and collect it (in one manuscript). " By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur'an. I said to both of them, "How dare you do a thing which the Prophet has not done?" Abu Bakr said, "By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and `Umar. So I started locating Qur'anic material and collecting it from parchments, scapula, leaf-stalks of date palms and from the memories of men (who knew it by heart). I found with Khuza`ima two Verses of Surat-at-Tauba which I had not found with anybody else, (and they were):-- "Verily there has come to you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty He (Muhammad) is ardently anxious over you (to be rightly guided)" (9.128) The manuscript on which the Qur'an was collected, remained with Abu Bakr till Allah took him unto Him, and then with `Umar till Allah took him unto Him, and finally it remained with Hafsa, `Umar's daughter.

The Messenger of Allah (saws) gave us licence to use (for our purpose) a stick, a rope, a whip and things of that type which a man picked up; he may benefit from them.

Safinah AbuAbdurRahman said that a man prepared food for Ali ibn AbuTalib who was his guest, and Fatimah said: I wish we had invited the Messenger of Allah (saws) and he had eaten with us. They invited him, and when he came he put his hands on the side-ports of the door, but when he saw the figured curtain which had been put at the end of the house, he went away. So Fatimah said to Ali: Follow him and see what turned him back. I (Ali) followed him and asked: What turned you back, Messenger of Allah? He replied: It is not fitting for me or for any Prophet to enter a house which is decorated.