Yahya related to me from Malik that he had heard the people of knowledge say that martyrs in the way of Allah were not washed, nor were any of them prayed over. They were buried in the garments in which they were slain.

Malik said, "That is the sunna for someone who is killed on the battleground and is not reached until he is already dead. Someone who is carried off and lives for as long as Allah wills after it, is washed and prayed over as was Umar ibn al- Khattab."

I witnessed Ibn `Umar when the people gathered around `Abdul Malik. Ibn `Umar wrote: I gave the Pledge of allegiance that I will listen to and obey Allah's Slave, `Abdul Malik, Chief of the believers according to Allah's Laws and the Traditions of His Apostle as much as I can; and my sons too, give the same pledge.'

Yahya related to me from Malik from Nafi that the daughter of Ubaydullah ibn Umar whose mother was the daughter of Zayd ibn al- Khattab, married the son of Abdullah ibn Umar. He died and had not yet consummated the marriage or specified her bride-price. Her mother wanted the bride-price, and Abdullah ibn Umar said, "She is not entitled to a bride-price. Had she been entitled to a bride-price, we would not have kept it and we would not do her an injustice. "The mother refused to accept that. Zayd ibn Thabit was brought to adjudicate between them and he decided that she had no bride-price, but that she did inherit.

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab and AIi ibn Abi Talib and Abu Hurayra were asked about a man who had intercourse with his wife while he was in ihram on hajj. They said, "The two of them should carry on and complete their hajj. Then they must do hajj again in another year, and sacrifice an animal."

Malik added that AIi ibn Abi Talib said, "When they then go into ihram for hajj in a future year they should keep apart until they have completed their hajj."

Allah's Apostle fixed two shares for the horse and one share for its rider (from the war booty).

The Prophet besieged the people of Ta'if, but he did not conquer it. He said, "Tomorrow, if Allah will, we will return home. On this the Muslims said, "Then we return without conquering it?" He said, 'Then carry on fighting tomorrow." The next day many of them were injured. The Prophet said, "If Allah will, we will return home tomorrow." It seemed that statement pleased them whereupon Allah's Apostle smiled.

Ibn `Umar bin Al-Khattab divorced his wife during her menses. Allah's Apostle ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever `Abdullah (bin `Umar) was asked about that, he would say to the questioner, "If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).' Ibn `Umar further said, 'Would that you (people) only give one or two divorces, because the Prophet has ordered me so."

I heard `Umar bin `Abdul `Aziz telling about As-Sa'ib bin Yazid that he had performed Hajj (while carried) with the belongings of the Prophet.

Uyaina bin Hisn bin Hudhaifa bin Badr came and stayed (at Medina) with his nephew Al-Hurr bin Qais bin Hisn who was one of those whom `Umar used to keep near him, as the Qurra' (learned men knowing Qur'an by heart) were the people of `Umar's meetings and his advisors whether they were old or young. 'Uyaina said to his nephew, "O my nephew! Have you an approach to this chief so as to get for me the permission to see him?" His nephew said, "I will get the permission for you to see him." (Ibn `Abbas added: ) So he took the permission for 'Uyaina, and when the latter entered, he said, "O the son of Al-Khattab! By Allah, you neither give us sufficient provision nor judge among us with justice." On that `Umar became so furious that he intended to harm him. Al-Hurr, said, "O Chief of the Believers!" Allah said to His Apostle 'Hold to forgiveness, command what is good (right), and leave the foolish (i.e. do not punish them).' (7.199) and this person is among the foolish." By Allah, `Umar did not overlook that Verse when Al-Hurr recited it before him, and `Umar said to observe (the orders of) Allah's Book strictly." (See Hadith No. 166, Vol. 6)

That the Prophet (saws) said: "Whoever enters an orchard then let him eat, but not take any in his garment."

[He said:] There are narrations on this topic from 'Abdullah bin 'Amr, 'Abbad bin Shurahbil, Rafi' bin 'Amr, 'Umair the freed slave of Abi Al-Lahm, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is Gharib Hadith. We do not know of it from this route except from Yahya bin Sulaim. Some of the people of knowledge have permitted the wayfarer to eat from the fruits, and some of them disliked it without paying.

Malik related to me from Amr ibn Yahya al-Mazini that his father said, "There was a stream in my grand-father's garden belonging to Abd ar-Rahman ibn Awf Abd ar-Rahman ibn Awf wanted to transfer it to a corner of the garden nearer to his land, and the owner of the garden prevented him. Abd ar-Rahman ibn Awf spoke to Umar ibn al-Khattab about it, and he gave a judgement to Abd ar-Rahman ibn Awf that he should transfer it."

Yahya related to me from Malik from Nafi that one time Abdullah ibn Umar wanted to sacrifice an animal at Madina. Nafi said, "He told me to buy him an excellent horned ram, then to sacrifice it on the Day of Sacrifice in the place where the people prayed." Nafi continued, "I did so and when the ram was sacrificed, it was carried to Abdullah ibn Umar who shaved his head. He was ill, and did not attend the Id with the people." Nafi added, "Abdullah ibn Umar used to say, 'Shaving the head is not obligatory for someone who sacrifices an animal.' Ibn Umar would do so however."

Yahya related to me from Malik, from Ibn Shihab, that Salim ibn Abdullah heard Abu Hurayra relating to Abdullah ibn Umar how a group of three people in ihram had passed him at ar-Rabadha and had asked him for a fatwa about eating game which people who were not in ihram were eating, and he told them that they could eat it. He said, "Then I went to Umar ibn al-Khattab in Madina and asked him about it, and he said, 'What did you say to them?' and I said, 'I told them that they could eat it.' Umar said, 'If you had told them anything else I would have done you an injury.' "

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, "We think that you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks confusedly, and when he talks confusedly, he lies." (80 lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Muhammad ibn al-Ashath told him that he had a christian or jewish paternal aunt who died. Muhammad ibn al-Ashath mentioned that to Umar ibn al-Khattab and said to him, "Who inherits from her?" Umar ibn al-Khattab said to him, "The people of her deen inherit from her." Then he went to Uthman ibn Affan, and asked him about that. Uthman said to him, "Do you think that I have forgotten what Umar ibn al-Khattab said to you? The people.of her deen inherit from her."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, from Umayr, the mawla of Abdullah ibn Abbas, from Umm al-Fadl bint al-Harith, that she was present when some people were arguing on the day of Arafa about whether the Messenger of Allah, may Allah bless him and grant him peace, was fasting or not. Some of them said he was fasting, and some of them said he was not. So she sent a bowl of milk to him while his camel was standing still and he drank.

Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "

Yahya related to me from Malik from Nafi that Abdullah ibn Umar prepared the body of one of Said ibn Zayd's sons for burial and carried it and then entered the mosque and prayed without doing wudu.

Yahya said that Malik was asked whether it was necessary to do wudu because of regurgitating undigested food and he said, "No, wudu is not necessary, but the mouth should be rinsed."

Some people said to Ibn `Umar, "When we enter upon our ruler(s) we say in their praise what is contrary to what we say when we leave them." Ibn `Umar said, "We used to consider this as hypocrisy."

Umar ibn al-Khattab named a bukhti camel for sacrifice (at hajj). He was offered three hundred dinars for it (as its price). He came to the Prophet (saws) and said: Messenger of Allah, I named a bukhti camel for sacrifice and I was offered for it three hundred dinars. May I sell it and purchase another one for its price? No, sacrifice it.

Abu Dawud said: This was due to the fact that 'Umar had made an incision in hump.

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is wrong with men who give their sons gifts and then keep them and if the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son, I gave it to him.' Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he dies it belongs to the heirs in general."

When `Abdullah bin Ubai bin Salul died, Allah's Apostle (p.b.u.h) was called upon to offer his funeral prayer. When Allah's Apostle stood up to offer the prayer, I got up quickly and said, "O Allah's Apostle! Are you going to pray for Ibn Ubai and he said so and so on such and such occasions?" And started mentioning all that he had said. Allah's Apostle smiled and said, "O `Umar! Go away from me." When I talked too much he said, "I have been given the choice and so I have chosen (to offer the prayer). Had I known that he would be forgiven by asking for Allah's forgiveness for more than seventy times, surely I would have done so." (`Umar added): Allah's Apostle offered his funeral prayer and returned and after a short while the two verses of Surat Bara' were revealed: i.e. "And never (O Muhammad) pray for any of them who dies . . . (to the end of the verse) rebellion (9.84)" -- (`Umar added), "Later I astonished at my daring before Allah's Apostle on that day. And Allah and His Apostle know better."

(the wife of the Prophet) Allah's Apostle died while Abu Bakr was at a place called As-Sunah (Al-'Aliya) 'Umar stood up and said, "By Allah! Allah's Apostle is not dead!" 'Umar (later on) said, "By Allah! Nothing occurred to my mind except that." He said, "Verily! Allah will resurrect him and he will cut the hands and legs of some men." Then Abu Bakr came and uncovered the face of Allah's Apostle, kissed him and said, "Let my mother and father be sacrificed for you, (O Allah's Apostle), you are good in life and in death. By Allah in Whose Hands my life is, Allah will never make you taste death twice." Then he went out and said, "O oath-taker! Don't be hasty." When Abu Bakr spoke, 'Umar sat down. Abu Bakr praised and glorified Allah and said, No doubt! Whoever worshipped Muhammad, then Muhammad is dead, but whoever worshipped Allah, then Allah is Alive and shall never die." Then he recited Allah's Statement.:-- "(O Muhammad) Verily you will die, and they also will die." (39.30) He also recited:--

"Muhammad is no more than an Apostle; and indeed many Apostles have passed away, before him, If he dies Or is killed, will you then Turn back on your heels? And he who turns back On his heels, not the least Harm will he do to Allah And Allah will give reward to those Who are grateful." (3.144)

The people wept loudly, and the Ansar were assembled with Sad bin 'Ubada in the shed of Bani Saida. They said (to the emigrants). "There should be one 'Amir from us and one from you." Then Abu Bakr, Umar bin Al-Khattab and Abu 'baida bin Al-Jarrah went to them. 'Umar wanted to speak but Abu Bakr stopped him. 'Umar later on used to say, "By Allah, I intended only to say something that appealed to me and I was afraid that Abu Bakr would not speak so well. Then Abu Bakr spoke and his speech was very eloquent. He said in his statement, "We are the rulers and you (Ansars) are the ministers (i.e. advisers)," Hubab bin Al-Mundhir said, "No, by Allah we won't accept this. But there must be a ruler from us and a ruler from you." Abu Bakr said, "No, we will be the rulers and you will be the ministers, for they (i.e. Quarish) are the best family amongst the 'Arabs and of best origin. So you should elect either 'Umar or Abu 'Ubaida bin Al-Jarrah as your ruler." 'Umar said (to Abu Bakr), "No but we elect you, for you are our chief and the best amongst us and the most beloved of all of us to Allah's Apostle." So 'Umar took Abu Bakr's hand and gave the pledge of allegiance and the people too gave the pledge of allegiance to Abu Bakr. Someone said, "You have killed Sad bin Ubada." 'Umar said, "Allah has killed him."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "Do not sell gold for gold except like for like, and do not increase one part over another part. Do not sell silver for silver except like for like, and do not increase one part over another part. Do not sell silver for gold, one of them at hand and the other to be given later. If someone seeks to delay paying you until he has been to his house, do not leave him. I fear rama for you." Rama is usury.

The Jews came to Allah's Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah (revelation given to Musa (as)) about the legal punishment of Ar-Rajm (stoning)?" They replied, (But) we announce their crime and lash them." `Abdullah bin Salam said, "You are telling a lie; Torah contains the order of Rajm." They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. `Abdullah bin Salam said to him, "Lift your hand." When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. (`Abdullah bin `Umar said, "I saw the man leaning over the woman to shelter her from the stones."