Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."

Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."

I saw Marwan bin Al-Hakam sitting in the Mosque. So I came forward and sat by his side. He told us that Zaid bin Thabit had told him that Allah's Apostle had dictated to him the Divine Verse: "Not equal are those believers who sit (at home) and those who strive hard and fight in the Cause of Allah with their wealth and lives.' (4.95) Zaid said, "Ibn-Maktum came to the Prophet while he was dictating to me that very Verse. On that Ibn Um Maktum said, "O Allah's Apostle! If I had power, I would surely take part in Jihad." He was a blind man. So Allah sent down revelation to His Apostle while his thigh was on mine and it became so heavy for me that I feared that my thigh would be broken. Then that state of the Prophet was over after Allah revealed "...except those who are disabled (by injury or are blind or lame etc.) (4.95)

It was one of the favors of Allah towards me that Allah's Apostle expired in my house on the day of my turn while he was leaning against my chest and Allah made my saliva mix with his saliva at his death. `Abdur-Rahman entered upon me with a Siwak in his hand and I was supporting (the back of) Allah's Apostle (against my chest ). I saw the Prophet looking at it (i.e. Siwak) and I knew that he loved the Siwak, so I said ( to him ), "Shall I take it for you ? " He nodded in agreement. So I took it and it was too stiff for him to use, so I said, "Shall I soften it for you ?" He nodded his approval. So I softened it and he cleaned his teeth with it. In front of him there was a jug or a tin, (The sub-narrator, `Umar is in doubt as to which was right) containing water. He started dipping his hand in the water and rubbing his face with it, he said, "None has the right to be worshipped except Allah. Death has its agonies." He then lifted his hands (towards the sky) and started saying, "With the highest companion," till he expired and his hand dropped down.

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

A man said: Messenger of Allah, a man wishes to take part in jihad in Allah's path desiring some worldly advantage? The Prophet (saws) said: He will have not reward. The people thought it terrible, and they said to the man: Go back to the Messenger of Allah (saws), for you might not have made him understand well. He, therefore, (went and again) asked: Messenger of Allah, a man wishes to take part in jihad in Allah's path desiring some worldly advantage? He replied: There is no reward for him. They again said to the man: Return to the Messenger of Allah. He, therefore, said to him third time. He replied: There is no reward for him.

The daughter of the Prophet (p.b.u.h) sent (a messenger) to the Prophet requesting him to come as her child was dying (or was gasping), but the Prophet returned the messenger and told him to convey his greeting to her and say: "Whatever Allah takes is for Him and whatever He gives, is for Him, and everything with Him has a limited fixed term (in this world) and so she should be patient and hope for Allah's reward." She again sent for him, swearing that he should come. The Prophet got up, and so did Sa`d bin 'Ubada, Mu`adh bin Jabal, Ubai bin Ka`b, Zaid bin Thabit and some other men. The child was brought to Allah's Apostle while his breath was disturbed in his chest (the sub-narrator thinks that Usama added: ) as if it was a leather water-skin. On that the eyes of the Prophet (p.b.u.h) started shedding tears. Sa`d said, "O Allah's Apostle! What is this?" He replied, "It is mercy which Allah has lodged in the hearts of His slaves, and Allah is merciful only to those of His slaves who are merciful (to others).

Ibn `Umar never used to take his meal unless a poor man was called to eat with him. One day I brought a poor man to eat with him, the man ate too much, whereupon Ibn `Umar said, "O Nafi`! Don't let this man enter my house, for I heard the Prophet saying, "A believer eats in one intestine (is satisfied with a little food), and a kafir (unbeliever) eats in seven intestines (eats much food).

Masruq said on the authority of Abdullah ibn Mas'ud: Abdullah (ibn Mas'ud ) was asked about a man who had married a woman without cohabiting with her or fixing any dower for her till he died. Ibn Mas'ud said: She should receive the full dower (as given to women of her class), observe the waiting period ('Iddah), and have her share of inheritance. Thereupon Ma'qil ibn Sinan said: I heard the Messenger of Allah (saws) giving the same decision regarding Birwa' daughter of Washiq (as the decision you have given).

A man belonging to Usbadhiyin of the people of Bahrayn, who were the Magians of Hajar, came to the Messenger of Allah (saws) and remained with him (for some time), and then came out. I asked him: What have Allah and His Messenger of Allah decided for you? He replied: Evil. I said: Silent. He said: Islam or killing. AbdurRahman ibn Awf said: He accepted jizyah from them. Ibn Abbas said: The people followed the statement of AbdurRahman ibn Awf, and they left that which I heard from the Usbadhi.

A man seized his debtor who owed ten dinars to him. He said to him: I swear by Allah, I shall not leave you until you pay off (my debt) to me or bring a surety. The Prophet (saws) stood as a surety for him.

He then brought as much (money) as he promised. The Prophet (saws) asked: From where did you acquire this gold? He replied: From a mine. He said: We have no need of it; there is no good in it. Then the Messenger of Allah (saws) paid (the debt) on his behalf.

A man asked permission to see the Prophet (saws), and the Prophet (saws) said: He is a bad member of the tribe. When he entered, the Messenger of Allah (saws) treated in a frank and friendly way and spoke to him. When he departed , I said: Messenger of Allah! When he asked permission, you said: He is a bad member of the tribe, but when he entered, you treated him in a frank and friendly way. The Messenger of Allah replied: Aisha! Allah does not like the one who is unseemly and lewd in his language.

I used to look down upon those ladies who had given themselves to Allah's Apostle and I used to say, "Can a lady give herself (to a man)?" But when Allah revealed: "You (O Muhammad) can postpone (the turn of) whom you will of them (your wives), and you may receive any of them whom you will; and there is no blame on you if you invite one whose turn you have set aside (temporarily).' (33.51) I said (to the Prophet), "I feel that your Lord hastens in fulfilling your wishes and desires."

(the freed slave of Al-Mughira bin Shu`ba) Muawiya wrote to Mughira. 'Write to me what you heard the Prophet saying after his prayer.' So Al-Mughira dictated to me and said, "I heard the Prophet saying after the prayer, 'None has the right to be worshipped but Allah Alone Who has no partner. O Allah! No-one can withhold what You give, and none can give what You withhold, and the fortune of a man of means is useless before You (i.e., only good deeds are of value).

One night the Prophet was unable to sleep and said, "Would that a righteous man from my companions guarded me tonight." Suddenly we heard the clatter of arms, whereupon the Prophet said, "Who is it?" It was said, "I am Sa`d, O Allah's Apostle! I have come to guard you." The Prophet then slept so soundly that we heard him snoring. Abu `Abdullah said: `Aisha said: Bilal said, "Would that I but stayed overnight in a valley with Idhkhir and Jalil (two kinds of grass) around me (i.e., in Mecca)." Then I told that to the Prophet .

Allah's Apostle addressed the people, and after praising and glorifying Allah, he said, "What do you suggest me regarding those people who are abusing my wife? I have never known anything bad about her." The sub-narrator, `Urwa, said: When `Aisha was told of the slander, she said, "O Allah's Apostle! Will you allow me to go to my parents' home?" He allowed her and sent a slave along with her. An Ansari man said, "Subhanaka! It is not right for us to speak about this. Subhanaka! This is a great lie!"

A man asked Ibn `Umar, "What have you heard from Allah's Apostle regarding An-Najwa?" He said, "Everyone of you will come close to His Lord Who will screen him from the people and say to him, 'Did you do so-and-so?' He will reply, 'Yes.' Then Allah will say, 'Did you do so-and-so?' He will reply, 'Yes.' So Allah will question him and make him confess, and then Allah will say, 'I screened your sins in the world and forgive them for you today.' "

Yahya related to me from Malik that Yahya ibn Said heard al-Qasim ibn Muhammad say, "A woman came to Abdullah ibn Abbas and said, 'I have vowed to sacrifice my son.' Ibn Abbas said, 'Do not sacrifice your son. Do kaffara for your oath.' An old man with Ibn Abbas said, 'What kaffara is there for this?' Ibn Abbas said, 'Allah the Exalted said, "Those of you who say, regarding their wives.'Be as my mother's back' (Sura58 ayat 2) and then He went on to oblige the kaffara for it as you have seen.' "

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes."

Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him."

On a rainy day Ibn `Abbas said to his Mu'adh-dhin, "After saying, 'Ash-hadu anna Muhammadan Rasulullah' (I testify that Muhammad is Allah's Apostle), do not say 'Haiya 'Alas-Salat' (come for the prayer) but say 'Pray in your houses'." (The man did so). But the people disliked it. Ibn `Abbas said, "It was done by one who was much better than I (i.e. the Prophet (p.b.u.h) ). No doubt, the Jumua prayer is compulsory but I dislike to put you to task by bringing you out walking in mud and slush."

After me you will come under rulers who will be detained from saying prayer at its proper time by (their) works until its time has run out, so offer prayer at its proper time. A man asked him: Messenger of Allah, may I offer prayer with them? He replied: Yes, if you wish (to do so).

Sufyan (another narrator through a different chain)said: May I offer prayer with them if I get it with them? He said: Yes, if you wish to do so.

A man led the people in prayer. He spat towards qiblah while the Messenger of Allah (saws) was looking at him. The Messenger of Allah said to the people when he finished his prayer: He should not lead you in prayer (henceforth).

Thenceforth he intended to lead them in prayer, but they forbade him and informed him of the prohibition of the Messenger of Allah (saws). He mentioned it to the Messenger of Allah (saws) who said to him: Yes.

The narrator said: I think he (the Prophet) said: You did harm to Allah and His Apostle.

Kurayb the freed slave of Ibn Abbas reported: Abdullah ibn Abbas saw Abdullah ibn al-Harith praying having the back knot of the hair. He stood behind him and began to untie it. He remained standing unmoved (stationary). When he finished his prayer he came to Ibn Abbas and said to him: What were you doing with my head? He said: I heard the Messenger of Allah (saws) say: A man who prays with the black knot of hair tied is the one praying pinioned.

The Prophet (saws) said: It will turn out that you will be armed troops, one is Syria, one in the Yemen and one in Iraq. Ibn Hawalah said: Choose for me, Messenger of Allah, if I reach that time. He replied: Go to Syria, for it is Allah's chosen land, to which his best servants will be gathered, but if you are unwilling, go to your Yemen, and draw water from your tanks, for Allah has on my account taken special charge of Syria and its people.

I and my father went to the house of my father-in-law from the Ansar to pay a sick visit to him. The time of prayer came. He said to someone of his relatives: O girl! bring me water for ablution so that I pray and get comfort. We objected to him for it. He said: I heard the Messenger of Allah (saws) say: Get up, Bilal, and give us comfort by the prayer.

Once I fell ill. The Prophet and Abu Bakr came walking to pay me a visit and found me unconscious. The Prophet performed ablution and then poured the remaining water on me, and I came to my senses to see the Prophet. I said, "O Allah's Apostle! What shall I do with my property? How shall I dispose of (distribute) my property?" He did not reply till the Verse of inheritance was revealed.

My aunt took me to Allah's Apostle and said, "O Allah's Apostle! My sister's son is sick." So he passed his hand over my head and invoked for Allah's blessing upon me and then performed the ablution. I drank from the water of his ablution and I stood behind him and looked at his Khatam (the seal of Prophethood) between his shoulders (and its size was) like the button of a tent.

The Prophet said, "The Right (Hand) of Allah Is full, and (Its fullness) is not affected by the continuous spending night and day. Do you see what He has spent since He created the Heavens and the Earth? Yet all that has not decreased what is in His Right Hand. His Throne is over the water and in His other Hand is the Bounty or the Power to bring about death, and He raises some people and brings others down." (See Hadith No. 508)

Yahya related to me from Malik that Yahya ibn Said said, "A Bedouin came into the mosque and uncovered his private parts to urinate. The people called out to him and began to raise their voices but the Messenger of Allah, may Allah bless him and grant him peace, said ,'Let him be. 'So they let him be and he urinated. Then the Messenger of Allah, may Allah bless him and grant him peace, ordered a bucketful of water to be brought and it was poured on the place."

I felt greatly distressed by the frequent flowing of prostatic fluid. For this reason I used to take a bath very often. I asked the apostle of Allah (saws) about this. He replied: Ablution will be sufficient for you because of this. I asked: Messenger of Allah, what should I do if it smears my clothes. He replied: It is sufficient if you take a handful of water and sprinkle it on your clothe when you find it has smeared it.

Sa'id b. Jubair reported on the authority of Ibn 'Abbas (Allah be pleased with them) that a camel broke the neck of its owner while he was in the state of lhram and he was at that time in the company of the Messenger of Allah (may peace be upon him). Allah's Messenger (may peace be upon him) commanded that he should be bathed with water mixed with (leaves of the) lote (tree) and no perfume should be applied to him and his head should not be covered, for he would be raised on the Day of Resurrection pronouncing Talblya.

Usama b. Zaid (Allah be pleased with him) reported that he sat behind Allah's Messenger (may peace be upon him) on his ride as he came back from 'Arafa. And as he came to the valley, he halted his camel, and then went to the wilderness (to urinate). And when he came back, I poured water on him from the jug and he performed ablution, and then rode on until he came to Muzdalifa and there he combined the sunset and 'Isha' prayers.

The Prophet said, "You should not say, 'Feed your lord (Rabbaka), help your lord in performing ablution, or give water to your lord, but should say, 'my master (e.g. Feed your master instead of lord etc.) (Saiyidi), or my guardian (Maulai), and one should not say, my slave (Abdi), or my girl-slave (Amati), but should say, my lad (Fatai), my lass (Fatati), and 'my boy (Ghulami).

Ibn `Abbas said, Allah's Apostle fought the Ghazwa (i.e. battles of Al-Fath during Ramadan." Narrated Az-Zuhri: Ibn Al-Musaiyab (also) said the same. Ibn `Abbas added, "The Prophet fasted and when he reached Al-Kadid, a place where there is water between Kudaid and 'Usfan, he broke his fast and did not fast afterwards till the whole month had passed away.

Ibn `Umar said, "I went to Hafsa while water was dribbling from her twined braids. I said, 'The condition of the people is as you see, and no authority has been given to me.' Hafsa said, (to me), 'Go to them, and as they (i.e. the people) are waiting for you, and I am afraid your absence from them will produce division amongst them.' " So Hafsa did not leave Ibn `Umar till we went to them. When the people differed. Muawiya addressed the people saying, "'If anybody wants to say anything in this matter of the Caliphate, he should show up and not conceal himself, for we are more rightful to be a Caliph than he and his father." On that, Habib bin Masalama said (to Ibn `Umar), "Why don't you reply to him (i.e. Muawiya)?" `Abdullah bin `Umar said, "I untied my garment that was going round my back and legs while I was sitting and was about to say, 'He who fought against you and against your father for the sake of Islam, is more rightful to be a Caliph,' but I was afraid that my statement might produce differences amongst the people and cause bloodshed, and my statement might be interpreted not as I intended. (So I kept quiet) remembering what Allah has prepared in the Gardens of Paradise (for those who are patient and prefer the Hereafter to this worldly life)." Habib said, "You did what kept you safe and secure (i.e. you were wise in doing so).