Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

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."

`Ali came to the Prophet (p.b.u.h) from Yemen (to Mecca). The Prophet asked `Ali, "With what intention have you assumed Ihram?" `Ali replied, "I have assumed Ihram with the same intention as that of the Prophet." The Prophet said, "If I had not the Hadi with me I would have finished the Ihram." Muhammad bin Bakr narrated extra from Ibn Juraij, "The Prophet said to `Ali, "With what intention have you assumed the Ihram, O `Ali?" He replied, "With the same (intention) as that of the Prophet." The Prophet said, "Have a Hadi and keep your Ihram as it is."

The Messenger of Allah (saws) sent Abdullah ibn Ghalib al-Laythi along with a detachment and I was also with them. He ordered them to attach Banu al-Mulawwih from all sides at al-Kadid. So we went out and when we reached al-Kadid we met al-Harith ibn al-Barsa al-Laythi, and seized him. He said: I came with the intention of embracing Islam, and I came out to go to the Messenger of Allah (saws). We said: If you are a Muslim, there is no harm if we keep you in chains for a day and night; and if you are not, we shall tie you with chains. So we tied him with chains.

The Prophet (saws) said to a man: Would you like me to marry you to so-and-so?

He said: Yes. He also said to the woman: Would you like me to marry you to so-and-so?

She said: Yes. He then married one to the other. The man had sexual intercourse with her, but he did not fix any dower for her, nor did he give anything to her. He was one of those who participated in the expedition to al-Hudaybiyyah. One part of the expedition to al-Hudaybiyyah had a share in Khaybar.

When he was nearing his death, he said: The Messenger of Allah (saws) married me to so-and-so, and I did not fix a dower for her, nor did I give anything to her. I call upon you as witness that I have given my share in Khaybar as her dower. So she took the share and sold it for one lakh (of dirhams).

Abu Dawud said: The version of 'Umar b. al-Khattab added in the beginning of this tradition, and his version is more perfect. He reported the Messenger of Allah (saws) as saying: The best marriage is the one that is most easy. The Messenger of Allah (saws) said to the man. The narrator then transmitted the rest of the tradition to the same effect.

Abu Dawud said: I am afraid this tradition has been added later on, for the matter is otherwise.

(the wife of the Prophet) That she came to visit Allah's Apostle while he was in I`tikaf (i.e. seclusion in the Mosque during the last ten days of Ramadan). When she got up to return, Allah's Apostle got up with her and accompanied her, and when he reached near the gate of the Mosque close to the door (of the house) of Um Salama, the wife of the Prophet, two Ansari men passed by them and greeted Allah's Apostle and then went away. Allah's Apostle addressed them saying, "Don't hurry! (She is my wife)," They said, "Glorified be Allah! O Allah's Apostle (You are far away from any suspicion)," and his saying was hard on them. Allah's Apostle said, "Satan circulates in the mind of a person as blood does (in his body). I was afraid that Satan might put some (evil) thoughts in your minds."

I witnessed the Prophet (saws) raise his hands in front of his ears when he began to pray. I then came back and saw them (the people) raising their hands up to their chest when they began to pray. They wore long caps and blankets.

Once the sun eclipsed and Allah's Apostle stood up for the prayer and recited a very long Sura and when bowed for a long while and then raised his head and started reciting another Sura. Then he bowed, and after finishing, he prostrated and did the same in the second rak`a and then said, "These (lunar and solar eclipses) are two of the signs of Allah and if you see them, pray till the eclipse is over. No doubt, while standing at this place I saw everything promised to me by Allah and I saw (Paradise) and I wanted to pluck a bunch (of grapes) therefrom, at the time when you saw me stepping forward. No doubt, I saw Hell with its different parts destroying each other when you saw me retreating and in it I saw `Amr bin Luhai who started the tradition of freeing animals (set them free) in the name of idols."

Allah's Apostle used to practice I`tikaf every year in the month of Ramadan. And after offering the morning prayer, he used to enter the place of his I`tikaf. `Aisha asked his permission to let her practice I`tikaf and he allowed her, and so she pitched a tent in the mosque. When Hafsa heard of that, she also pitched a tent (for herself), and when Zainab heard of that, she too pitched another tent. When, in the morning, Allah's Apostle had finished the morning prayer, he saw four tents and asked, "What is this?" He was informed about it. He then said, "What made them do this? Is it righteousness? Remove the tents, for I do not want to see them." So, the tents were removed. The Prophet did not perform I`tikaf that year in the month of Ramadan, but did it in the last ten days of Shawwal.

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.

(the wife of the Prophet) Allah's Apostle came to me when Allah ordered him to give option to his wives. So Allah's Apostle started with me, saying, "I am going to mention to you something but you should not hasten (to give your reply) unless you consult your parents.' He knew that my parents would not order me to leave him. Then he said, "Allah says:-- "O Prophet! Say to your wives..." (33.28-29) On that I said to him, "Then why should I consult my parents? Verily, I seek Allah, His Apostle and the Home of the Hereafter."

The Prophet used to talk so clearly that if somebody wanted to count the number of his words, he could do so. Narrated `Urwa bin Az-Zubair: `Aisha said (to me), "Don't you wonder at Abu so-and-so who came and sat by my dwelling and started relating the traditions of Allah's Apostle intending to let me hear that, while I was performing an optional prayer. He left before I finished my optional prayer. Had I found him still there. I would have said to him, 'Allah's Apostle never talked so quickly and vaguely as you do.' "

When Abu Zur'ah made a business transaction with a man, he gave him the right of option. He then would tell him: Give me the right of option (to annul the bargain). He said: I heard AbuHurayrah say: The Messenger of Allah (saws) said: Two people must separate only by mutual consent.

I swore allegiance to the Messenger of Allah (saws) promising to hear and obey, and behave sincerely towards every Muslim. AbuZur'ah said: Whenever he sold and bought anything, he would say: What we took from you is dearer to us than what we gave you. So choose (as you like).

Usama approached the Prophet on behalf of a woman (who had committed theft). The Prophet said, "The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet ) did that (i.e. stole), I would cut off her hand."

The Prophet stood before Musailama (the liar) who was sitting with his companions then, and said to him, "If you ask me for this piece (of palm-leaf stalk), even then I would not give it to you. You cannot avoid what Allah has ordained for you, and if you turn away from Islam, Allah will surely ruin you! "

I heard Sa`id bin Zaid saying to the people, "If you but saw me and `Umar's sister tied and forced by `Umar to leave Islam while he was not yet a Muslim. And if the mountain of Uhud could move from its place for the evil which you people have done to `Uthman, it would have the right to do that."

A man of the tribe of Aslam came to the Prophet (saws) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (saws) was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes. He asked: Do you know what fornication is? He replied: Yes. I have done with her unlawfully what a man may lawfully do with his wife.

He then asked: What do you want from what you have said? He said: I want you to purify me. So he gave orders regarding him and he was stoned to death. Then the Prophet (saws) heard one of his companions saying to another: Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog. He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air.

He asked: Where are so and so? They said: Here we are, Messenger of Allah (saws)! He said: Go down and eat some of this ass's corpse. They replied: Messenger of Allah! Who can eat any of this? He said: The dishonour you have just shown to your brother is more serious than eating some of it. By Him in Whose hand my soul is, he is now among the rivers of Paradise and plunging into them.

There was a dispute amongst the people of the tribe of Bani `Amr bin `Auf. The Prophet went to them along with some of his companions in order to make peace between them. The time for the prayer became due but the Prophet did not turn up; Bilal pronounced the Adhan (i.e. call) for the prayer but the Prophet did not turn up, so Bilal went to Abu Bakr and said, "The time for the prayer is due and the Prophet i detained, would you lead the people in the prayer?" Abu Bakr replied, "Yes, you wish." So, Bilal pronounced the Iqama of the prayer and Abu Bakr went ahead (to lead the prayer), but the Prophet came walking among the rows till he joined the first row. The people started clapping and they clapped too much, and Abu Bakr used not to look hither and thither in the prayer, but he turned round and saw the Prophet standing behind him. The Prophet beckoned him with his hand to keep on praying where he was. Abu Bakr raised his hand and praised Allah and then retreated till he came in the (first) row, and the Prophet went ahead and lead the people in the prayer. When the Prophet finished the prayer, he turned towards the people and said, "O people! When something happens to you during the prayer, you start clapping. Really clapping is (permissible) for women only. If something happens to one of you in his prayer, he should say: 'Subhan Allah', (Glorified be Allah), for whoever hears him (saying so) will direct his attention towards him. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned to you (to continue)?" Abu Bakr replied, "It did not befit the son of Abu Quhafa to lead the prayer in front of the Prophet.

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).

Bahira is a she-camel whose milk is kept for the idols and nobody is allowed to milk it; Sa'iba was the she-camel which they used to set free for their gods and nothing was allowed to be carried on it. Abu Huraira said: Allah's Apostle said, "I saw `Amr bin 'Amir Al-Khuza`i (in a dream) dragging his intestines in the Fire, and he was the first person to establish the tradition of setting free the animals (for the sake of their deities)," Wasila is the she-camel which gives birth to a she-camel as its first delivery, and then gives birth to another she-camel as its second delivery. People (in the Pre-lslamic periods of ignorance) used to let that she camel loose for their idols if it gave birth to two she-camels successively without giving birth to a male camel in between. 'Ham' was the male camel which was used for copulation. When it had finished the number of copulations assigned for it, they would let it loose for their idols and excuse it from burdens so that nothing would be carried on it, and they called it the 'Hami.' Abu Huraira said, "I heard the Prophet saying so."

I used to sit with Ibn 'Abbas and he made me sit on his sitting place. He requested me to stay with him in order that he might give me a share from his property. So I stayed with him for two months. Once he told (me) that when the delegation of the tribe of 'Abdul Qais came to the Prophet, the Prophet asked them, "Who are the people (i.e. you)? (Or) who are the delegate?" They replied, "We are from the tribe of Rabi'a." Then the Prophet said to them, "Welcome! O people (or O delegation of 'Abdul Qais)! Neither will you have disgrace nor will you regret." They said, "O Allah's Apostle! We cannot come to you except in the sacred month and there is the infidel tribe of Mudar intervening between you and us. So please order us to do something good (religious deeds) so that we may inform our people whom we have left behind (at home), and that we may enter Paradise (by acting on them)." Then they asked about drinks (what is legal and what is illegal). The Prophet ordered them to do four things and forbade them from four things. He ordered them to believe in Allah Alone and asked them, "Do you know what is meant by believing in Allah Alone?" They replied, "Allah and His Apostle know better." Thereupon the Prophet said, "It means:

1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle.

2. To offer prayers perfectly

3. To pay the Zakat (obligatory charity)

4. To observe fast during the month of Ramadan.

5. And to pay Al-Khumus (one fifth of the booty to be given in Allah's Cause).

Then he forbade them four things, namely, Hantam, Dubba,' Naqir Ann Muzaffat or Muqaiyar; (These were the names of pots in which Alcoholic drinks were prepared) (The Prophet mentioned the container of wine and he meant the wine itself). The Prophet further said (to them): "Memorize them (these instructions) and convey them to the people whom you have left behind."

Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al- Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' "

Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them."

I asked Ibn `Umar, "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn `Umar said, "The Prophet separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: `Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her; and if you have told a lie, you are less rightful to have your money back.' ")

When the Prophet recited Surat As-Sajda and we were with him, he would prostrate and we also would prostrate with him and some of us (because of the heavy rush) would not find a place (for our foreheads) to prostrate on.

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his paternal aunt from the daughter of Zayd ibn Thabit that she had heard that women used to ask for lamps in the middle of the night to check their purity. She would criticise them for this saying, "Women never used to do this," i.e. in the time of the companions.

Malik was asked whether a woman whose period had finished could do tayammum to purify herself if she could not find waterand he said, "Yes, because she is like some one in a state of major ritual impurity, who, if he cannot find water, does tayammum."

I purchased a cushion with pictures on it. The Prophet (came and) stood at the door but did not enter. I said (to him), "I repent to Allah for what (the guilt) I have done." He said, "What is this cushion?" I said, "It is for you to sit on and recline on." He said, "The makers of these pictures will be punished on the Day of Resurrection and it will be said to them, 'Make alive what you have created.' Moreover, the angels do not enter a house where there are pictures.'"

Yahya related to me from Malik from Yahya ibn Said that a man asked Said ibn al-Musayyab, "I pray in my house, and then I come to the mosque and find the imam praying. Should I pray with him?" Said said, "Yes," and the man said, "Which of them is my prayer?" Said said, "Are you the one to decide that? That is up to Allah."