We were in the city of Al-Ahwaz on the bank of a river which had dried up. Then Abu Barza Al- Aslami came riding a horse and he started praying and let his horse loose. The horse ran away, so Abu Barza interrupted his prayer and went after the horse till he caught it and brought it, and then he offered his prayer. There was a man amongst us who was (from the Khawari) having a different opinion. He came saying. "Look at this old man! He left his prayer because of a horse." On that Abu Barza came to us and said, "Since the time I left Allah's Apostle, nobody has admonished me; My house is very far from this place, and if I had carried on praying and left my horse, I could not have reached my house till night." Then Abu Barza mentioned that he had been in the company of the Prophet, and that he had seen his leniency.

The Prophet (saws) used to supplicate Allah: "My Lord, help me and do not give help against me; grant me victory, and do not grant victory over me; plan on my behalf and do not plan against me; guide me, and made my right guidance easy for me; grant me victory over those who act wrongfully towards me; O Allah, make me grateful to Thee, mindful of Thee, full of fear towards Thee, devoted to Thy obedience, humble before Thee, or penitent. My Lord, accept my repentance, wash away my sin, answer my supplication, clearly establish my evidence, guide my heart, make true my tongue and draw out malice in my breast."

(the freed slave of Um Hani) Um Hani, the daughter of Abi Talib said, "I went to Allah's Apostle in the year of the conquest of Mecca and found him taking a bath and his daughter Fatima was screening him. I greeted him. He asked, 'Who is she?' I replied, 'I am Um Hani bint Abi Talib.' He said, 'Welcome! O Um Hani.' When he finished his bath he stood up and prayed eight rak`at while wearing a single garment wrapped round his body and when he finished I said, 'O Allah's Apostle ! My brother has told me that he will kill a person whom I gave shelter and that person is so and so the son of Hubaira.' The Prophet said, 'We shelter the person whom you have sheltered.' " Um Hani added, "And that was before noon (Duha).

We were at a place which was a thoroughfare for the people, and the caravans used to pass by us and we would ask them, "What is wrong with the people? What is wrong with the people? Who is that man?. They would say, "That man claims that Allah has sent him (as an Apostle), that he has been divinely inspired, that Allah has revealed to him such-and-such." I used to memorize that (Divine) Talk, and feel as if it was inculcated in my chest (i.e. mind) And the 'Arabs (other than Quraish) delayed their conversion to Islam till the Conquest (of Mecca). They used to say." "Leave him (i.e. Muhammad) and his people Quraish: if he overpowers them then he is a true Prophet. So, when Mecca was conquered, then every tribe rushed to embrace Islam, and my father hurried to embrace Islam before (the other members of) my tribe. When my father returned (from the Prophet) to his tribe, he said, "By Allah, I have come to you from the Prophet for sure!" The Prophet afterwards said to them, 'Offer such-and-such prayer at such-and-such time, and when the time for the prayer becomes due, then one of you should pronounce the Adhan (for the prayer), and let the one amongst you who knows Qur'an most should, lead the prayer." So they looked for such a person and found none who knew more Qur'an than I because of the Qur'anic material which I used to learn from the caravans. They therefore made me their Imam ((to lead the prayer) and at that time I was a boy of six or seven years, wearing a Burda (i.e. a black square garment) proved to be very short for me (and my body became partly naked). A lady from the tribe said, "Won't you cover the anus of your reciter for us?" So they bought (a piece of cloth) and made a shirt for me. I had never been so happy with anything before as I was with that shirt.

The Prophet (saws) said: When I was taken up to heaven I passed by people who had nails of copper and were scratching their faces and their breasts. I said: Who are these people, Gabriel? He replied: They are those who were given to back biting and who aspersed people's honour.

Abu Dawud said: Yahya b. 'Uthman has also transmitted it from Baqiyyah, there is no mention of Anas in it.

`Abdullah (bin Masud) said. "Allah curses those ladies who practice tattooing and those who get themselves tattooed, and those ladies who remove the hair from their faces and those who make artificial spaces between their teeth in order to look more beautiful whereby they change Allah's creation." His saying reached a lady from Bani Asd called Um Yaqub who came (to `Abdullah) and said, "I have come to know that you have cursed such-and-such (ladies)?" He replied, "Why should I not curse these whom Allah's Apostle has cursed and who are (cursed) in Allah's Book!" Um Yaqub said, "I have read the whole Qur'an, but I did not find in it what you say." He said, "Verily, if you have read it (i.e. the Qur'an), you have found it. Didn't you read: 'And whatsoever the Apostle gives you take it and whatsoever he forbids you, you abstain (from it). (59.7) She replied, "Yes, I did," He said, "Verily, Allah's Apostle forbade such things." "She said, "But I see your wife doing these things?" He said, "Go and watch her." She went and watched her but could not see anything in support of her statement. On that he said, "If my wife was as you thought, I would not keep her in my company."

The Prophet (saws) said: The people will establish cities, Anas, and one of them will be called al-Basrah or al-Busayrah. If you should pass by it or enter it, avoid its salt-marshes, its Kall, its market, and the gate of its commanders, and keep to its environs, for the earth will swallow some people up, pelting rain will fall and earthquakes will take place in it, and there will be people who will spend the night in it and become apes and swine in the morning.

The Prophet said, "When it is a Friday, the angels stand at the gate of the mosque and keep on writing the names of the persons coming to the mosque in succession according to their arrivals. The example of the one who enters the mosque in the earliest hour is that of one offering a camel (in sacrifice). The one coming next is like one offering a cow and then a ram and then a chicken and then an egg respectively. When the Imam comes out (for Jumua prayer) they (i.e. angels) fold their papers and listen to the Khutba."

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)

Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."

Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.

Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Yahya related to me from Malik that Abu'z-Zubayr al-Makki said, "I saw the House deserted both after subh and asr, with no-one doing tawaf."

Malik said, "If someone does some of his circuits and then the subh or asr prayer is begun, he should pray with the imam and then complete the rest of his circuits but should not pray at all until the sun has either risen or set "

He added, "There is no harm in delaying the two rakas until after he has prayed maghrib."

Malik said, "There is no harm in someone doing a single tawaf after subh or after asr, not to do more than one group of seven circuits, and then as long as he delays the two rakas until after the sun has risen, as Umar ibn al-Khattab did, or he delays them until after the sun has set if it is after asr. Then when the sun has set he can pray them if he wants, or, if he wants, he can delay them until after he has prayed maghrib. There is no harm in that."

That Zayd ibn Thabit said: May Allah forgive Rafi' ibn Khadij. I swear by Allah, I have more knowledge of Hadith than him. Two persons of the Ansar (according to the version of Musaddad) came to him who were disputing with each other. The Messenger of Allah (saws) said: If this is your position, then do not lease the agricultural land. The version of Musaddad has: So he (Rafi' ibn Khadij) heard his statement: Do not lease agricultural lands.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Allah, the Blessed, the Exalted, sent down about a man who divorced his wife and then returned to her while he had no need of her and did not mean to keep her so as to make the idda period long for her by that in order to do her harm, "Do not retain them by force, to transgress. Whoever does that has wronged himself." (Sura 2 ayat 231). Allah warns them by that ayat.

Abu Dawud said: This tradition has also been transmitted by Hashim bin al-Qasim from Muhammad b. 'Adb Allah al-'Ammi from Thabit on the authority of Anas from Prophet (saws) to the same effect.

Abu Dawud said: The tradition of Hammad (i.e. 'Abd al-Rahman's version) is sounder.

Hisham said : No sacrificial animal was offered during all this time.

In the version of Hammad bin Salamah, the narrator Musa added when the night of al-Batha came Ai’ shah was purified.

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)

Whoever buys a sheep which has not been milked for a long time, has the option of returning it along with one Sa of dates; and the Prophet forbade going to meet the seller on the way (as he has no knowledge of the market price and he may sell his goods at a low price).

A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile." He then addressed somebody, "O Unais! go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death.

Whenever the Prophet spoke a sentence (said a thing), he used to repeat it thrice so that the people could understand it properly from him and whenever he asked permission to enter, (he knocked the door) thrice with greeting.

Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye.

Aisha said: She then came to the Messenger of Allah (saws) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Messenger of Allah (saws) would look at her in the same way that I had looked.

She said: Messenger of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom.

The Messenger of Allah (saws) said: Are you inclined to that which is better? She asked: What is that, Messenger of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you.

She said: I shall do this. She (Aisha) said: The people then heard that the Messenger of Allah (saws) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Messenger of Allah (saws) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.

Abu dawud said: This evidence shows that a Muslim ruler may marry a slave woman himself.

Abu Dawud said: This woman was the wife of Abu Dharr.

I asked `Aisha, "How is the prayer of Allah's Apostle during the month of Ramadan." She said, "Allah's Apostle never exceeded eleven rak`at in Ramadan or in other months; he used to offer four rak`at-- do not ask me about their beauty and length, then four rak`at, do not ask me about their beauty and length, and then three rak`at." Aisha further said, "I said, 'O Allah's Apostle! Do you sleep before offering the witr prayer?' He replied, 'O `Aisha! My eyes sleep but my heart remains awake'!"

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

The Prophet said, "Allah said, 'The son of Adam tells a lie against me though he has no right to do so, and he abuses Me though he has no right to do so. As for his telling a lie against Me, it is that he claims that I cannot recreate him as I created him before; and as for his abusing Me, it is his statement that I have offspring. No! Glorified be Me! I am far from taking a wife or offspring.' "

So the narration is weak whether Marfu' [reaching back to the Prophet (SAW)] or Mawquf (saying of a Companion).

A thief who had accepted (having committed theft) was brought to the Prophet (saws), but no good were found with him. The Messenger of Allah (saws), said to him: I do not think you have stolen. He said: Yes, I have. He repeated it twice or thrice. So he gave orders. His hand was cut off and he was then brought to him. He said: Ask Allah's pardon and turn to Him in repentance. He said: I ask Allah's pardon and turn to Him in repentance. He (the Prophet) then said: O Allah, accept his repentance.

Abu Dawud said: It has been transmitted by 'Amr b. Asim, from Hammam, from Ishaq b. 'Abd Allah from Abu Ummayyah, a man of the Ansar from the Prophet (saws).

When the Messenger of Allah (saws) ate or drank, he said: "Praise be to Allah Who has given food and drink and made it easy to swallow, and provided an exit for it.

Yahya related to me from Malik from Yahya ibn Said from Abd ar- Rahman ibn Hurmuz that Abdullah ibn Buhayna said, "The Messengerof Allah, may Allah bless him and grant him peace, prayed dhuhr with us and he stood straight up after two rakas without sitting. When he had finished the prayer, he did two sajdas and then said the taslim after that."

Malik said, concerning someone who forgot in his prayer and stood up after he had completed four rakas and recited and then went into ruku and then, when he raised his head from ruku, remembered that he had already completed (his prayer), "He returns to a sitting position and does not do any sajda. If he has already done one sajda I do not think he should do the other. Then when his prayer is finished he does two sajdas from the sitting position after saying the taslim."

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."