(the wife of the Prophet) `Utba bin Abi Waqqas entrusted (his son) to his brother Sa`d bin Abi Waqqas saying, "The son of the slave-girl of Zam`a is my (illegal) son, take him into your custody." So during the year of the Conquest (of Mecca) Sa`d took the boy and said, "This is my brother's son whom my brother entrusted to me." 'Abu bin Zam's got up and said, "He is my brother and the son of the slave girl of my father and was born on my father's bed." Then both of them came to Allah's Apostle and Sa`d said, "O Allah's Apostle! This is my brother's son whom my brother entrusted to me." Then 'Abu bin Zam`a got up and said, "This is my brother and the son of the slave-girl of my father." Allah's Apostle said, "O Abu bin Zam`a! This boy is for you as the boy belongs to the bed (where he was born), and for the adulterer is the stone (i.e. deprivation)." Then the Prophet said to his wife Sauda bint Zam`a, "Screen yourself from this boy," when he saw the boy's resemblance to `Utba. Since then the boy did not see Sauda till he died.

Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life pension and what people said about it. Al- Qasim ibn Muhammad said, "I have only come upon people who keep to the conditions they make about their property and what they are given."

Yahya said that he heard Malik say, "What is done in our community is that the life pension reverts to the one who makes it a life pension unless he says, 'It belongs to you and your posterity.' "

Yahya related to me from Malik from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha from his mother, Amra bint Abd ar-Rahman that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit until it was clear of blight. Malik said, "Selling fruit before it has begun to ripen is an uncertain transaction (gharar) ."

Yahya related to me from Malik that Abu'r-Rijal Muhammad ibn Abd ar-Rahman heard his mother, Amra bint Abd ar-Rahman say, "A man bought the fruit of an enclosed orchard in the time of the Messenger of Allah, may Allah bless him and grant him peace, and he tended it while staying on the land. It became clear to him that there was going to be some loss. He asked the owner of the orchard to reduce the price for him or to revoke the sale, but the owner made an oath not to do so. The mother of the buyer went to the Messenger of Allah, may Allah bless him and grant him peace, and told him about it. The Messengerof Allah, may Allah bless him and grant him peace, said, 'By this oath, he has sworn not to do good.' The owner of the orchard heard about it and went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, the choice is his.' "

Yahya related to me from Malik from Jafar ibn Muhammad ibn Ali from his father that Umar ibn al-Khattab mentioned the magians and said, "I do not know what to do about them." Abd ar-Rahman ibn Awf said, "I bear witness that I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Follow the same sunna with them that you follow with the people of the Book . ' "

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Abd ar-Rahman and Mujamma the sons of Yazid ibn Jariya al-Ansari from Khansa bint Khidam al-Ansariya that her father gave her in marriage and she had been previously married. She disapproved of that, and went to the Messenger of Allah, may Allah bless him and grant him peace, and he revoked the marriage.

`Ali demanded the hand of the daughter of Abu Jahl. Fatima heard of this and went to Allah's Apostle saying, "Your people think that you do not become angry for the sake of your daughters as `Ali is now going to marry the daughter of Abu Jahl. "On that Allah's Apostle got up and after his recitation of Tashah-hud. I heard him saying, "Then after! I married one of my daughters to Abu Al-`As bin Al- Rabi` (the husband of Zainab, the daughter of the Prophet ) before Islam and he proved truthful in whatever he said to me. No doubt, Fatima is a part of me, I hate to see her being troubled. By Allah, the daughter of Allah's Apostle and the daughter of Allah's Enemy cannot be the wives of one man." So `Ali gave up that engagement. 'Al-Miswar further said: I heard the Prophet talking and he mentioned a son-in-law of his belonging to the tribe of Bani `Abd-Shams. He highly praised him concerning that relationship and said (whenever) he spoke to me, he spoke the truth, and whenever he promised me, he fulfilled his promise."

(the wife of the Prophet) I said, "O Allah's Apostle! Will you marry my sister, the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I said, "Yes, for I am not your only wife, and the person I like most to share the good with me, is my sister." He said, "That is not lawful for me." I said, "O Allah's Apostle! We have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she is unlawful for me, for she is my foster niece. Thuwaiba suckled me and Abu Salama. So you should not present to me your daughters and sisters." Narrated 'Urwa: Thuwaiba had been a slave girl whom Abu Lahab had emancipated.

Yahya related to me from Malik from al Ala ibn Abd ar-Rahman that his father said, "I asked Abu Said al-Khudri about the lower garment. He said that he would inform me with knowledge and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The lower garment of the mumin should reach to the middle of his calves. There is no harm in what is between that and the ankles. What is lower than that is in the Fire. What is lower than that is in the Fire. On the Day of Rising, Allah will not look at a person who trails his lower garment in arrogance.' "

The Messenger of Allah (saws) would be overtaken by the dawn when he was in a state of sexual defilement. The narrator 'Abd Allah al-Adhrami said in his version: During Ramadan, due to sexual intercourse and no owing to a dream (i.e. nocturnal emission), and would fast.

Abu Dawud said: How brief is this sentence uttered by the narrator, this is, "he was overtaken by daw when he was in the state of sexual defilement"? The tradition says: The Prophet (saws) was overtaken by dawn in the state of sexual defilement when he was fasting.

Yahya related to me from Malik from Nafi that Sulayman ibn Yasar told him that one time the fodder of the animals of Abd ar-Rahman ibn al-Aswad ibn Abd Yaghuth was finished so he said to his slave, "Take some of your family's wheat as food and buy with it barley, and take only a like quantity.' "

We faced a famine, and I had nothing from my property which I could feed my family ex except a few asses, and the Prophet (saws) forbade the flesh of domestic asses. So I came to the Prophet (saws) and said: Messenger of Allah (may peace be upon) , we are suffering from famine, and I have no property which I feed my family except some fat asses, and you have forbidden the flesh of domestic asses. He said: Feed your family on the fat asses of yours, for I forbade them on account of the animal which feeds on the filth of the town, that is, the animal which feeds on filth.

Abu Dawud said: This 'Abd al-Rahman is Ibn Ma'qil.

Abu Dawud said: Suh'bah transmitted this tradition from 'Ubaid Abi al-Hasan, from 'Abd al-Rahman bin Maq'il, from'Abd al-Rahman bin Bishr, from some people of Muzainah stating that Abjar, the chief of Muzainah, or Ibn Abjar asked the Prophet (saws).

The Prophet (saws) said to me: 'Abd al-Rahman b. Samurah, when you swear an oath and consider something else to be better than it, do the thing that is beter and make atonement for your oath.

Abu Dawud said: I heard Ahmad (b. Hanbal) permitting to make atonement before breaking the oath.

Yahya related to me from Malik from Ibn Shihab that Humayd ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar on the day of Ashura in the year in which he made the hajj, "People of Madina, where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, say about this day, 'This is the day of Ashura, and fasting it has not been prescribed for you. I am fasting it, and whoever of you wants to fast it can do so, and whoever does not want to, does not have to.' "

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to say, "If someone has to make up for days not fasted in Ramadan and does not do them before the next Ramadan comes although he is strong enough to do so, he should feed a poor man with a mudd of wheat for every day that he has missed, and he has to fast the days he owes as well."

Yahya related to me from Malik that he had heard the same thing from Said ibn Jubayr.

Yahya related to me from Malik from Ibn Shihab from Amra bint Abd ar-Rahman that when A'isha was doing itikaf she would only ask after sick people if she was walking and not if she was standing still.

Malik said, "A person doing itikaf should not carry out obligations of his, nor leave the mosque for them, nor should he help anyone. He should only leave the mosque to relieve himself. If he were able to go out to do things for people, visiting the sick, praying over the dead and following funeral processions would be the things with the most claim on his coming out."

Malik said, "A person doing itikaf is not doing itikaf until he avoids what some one doing itikaf should avoid, namely, visiting the sick, praying over the dead, and entering houses, except to relieve himself."

`Utba bin Abu Waqqas took a firm promise from his brother Sa`d bin Abu Waqqas to take the son of the slave-girl of Zam`a into his custody as he was his (i.e. `Utba's) son. In the year of the Conquest (of Mecca) Sa`d bin Abu Waqqas took him, and said that he was his brother's son, and his brother took a promise from him to that effect. 'Abu bin Zam`a got up and said, "He is my brother and the son of the slave-girl of my father and was born on my father's bed." Then they both went to the Prophet Sa`d said, "O Allah's Apostle! He is the son of my brother and he has taken a promise from me that I will take him." 'Abu bin Zam`a said, "(He is) my brother and the son of my father's slave-girl and was born on my father's bed." Allah's Apostle said, "The boy is for you. O 'Abu bin Zam`a." Then the Prophet said, "The son is for the bed (i.e. the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse." The Prophet told his wife Sauda bint Zam`a to screen herself from that boy as he noticed a similarity between the boy and `Utba. So, the boy did not see her till he died.

Yahya related to me from Malik from Safwan ibn Sulaym from Said ibn Salama of the Bani Azraq from al-Mughira ibn Abi Burda of the tribe of Bani Abd ad-Dar that he had heard Abu Hurayra speak about a man who came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! We travel by sea and we do not carry much fresh water with us so if we do wudu with it we go thirsty. Can we do wudu with seawater?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "lts water is pure, and its dead creatures are halal."

A man came to the Prophet (saws), another man got up from his place for him, and when he went to sit in it, the Prophet (saws) forbade him.

Abu Dawud said: The name of Abu al-Khusaib is Ziyad b. 'Abd al-Rahman.

From Malik from Abu'z-Zinad that Umar ibn Abd al-Aziz wrote to Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab who was the governor of Kufa, "Pronounce judgement on the basis of an oath with one witness."

Yahya related to me from Malik from Dawud ibn al-Husayn from al- Araj from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al Khattab said, "Whoever misses reading his hizb at night and reads it from when the sun has passed the meridian until the dhuhr prayer has not missed it, or it is as if he has caught it."

Malik related to me that Abd ar-Rahman ibn al-Qasim heard his father al-Qasim ibn Muhammad say, "I have prayed witr after dawn."

Malik said, "Only a person who oversleeps so that he does not do the witr prays it after dawn. No one should intentionally make his witr after dawn."

Yahya related to me from Malik, from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Salih as-Samman, from Abu Hurayra, that the Messenger of Allah, may Allah bless him and grant him peace ,said, "Umra is an expiation for what is between it and the next umra, and the only reward for an accepted hajj is the Garden."

This hadith has been transmitted with the same chain of transmitters from Mu'awyia b. Salih by Zuhair b. Harb, 'Abd al-Rahman b. Mahdi, Harun b. Sa'id al-'Aili and Ibn Wahb.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Asma bint Umays that she gave birth to Muhammad ibn Abi Bakr at al-Bayda. Abu Bakr mentioned this to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Tell her to do ghusl and then enter ihram."

The people used to send presents to the Prophet on the day of `Aisha's turn. `Aisha said, "My companions (i.e. the other wives of the Prophet) gathered in the house of Um Salama and said, "O Um Salama! By Allah, the people choose to send presents on the day of `Aisha's turn and we too, love the good (i.e. presents etc.) as `Aisha does. You should tell Allah's Apostle to tell the people to send their presents to him wherever he may be, or wherever his turn may be." Um Salama said that to the Prophet and he turned away from her, and when the Prophet returned to her (i.e. Um Salama), she repeated the same, and the Prophet again turned away, and when she told him the same for the third time, the Prophet said, "O Um Salama! Don't trouble me by harming `Aisha, for by Allah, the Divine Inspiration never came to me while I was under the blanket of any woman amongst you except her."

Yahya related to me from Malik from Khubayb ibn Abd ar-Rahman from Hafs ibn Asim from Abu Hurayra or from Abu Said al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, "What is between my house and my mimbar is one of the meadows of the Garden, and my mimbar is on my watering-place (al-Hawd)."

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Yaqub from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade preparing nabidh in a gourd or in a jug smeared with pitch.

`Aisha the wife of the Prophet said, "I used to sleep in front o Allah's Apostle and my legs were opposite his Qibla and in prostration he pushed my legs and I withdrew then and when he stood, I stretched them.' `Aisha added, "In those days the houses were without lights."

Yahya related to me from Malik from Ibn Shihab from Abdullah ibn Amir ibn Rabia that Umar ibn al-Khattab went out to ash-Sham. When he came to Sargh, near Tabuk, he heard that the plague had broken out in ash-Sham. Abd ar-Rahman ibn Awf told him that the Messenger of Allah, may Allah bless him and grant him peace, said, "If you hear that a land has a plague in it, do not go forward to it. If it comes upon a land which you are in, do not depart in flight from it." Umar ibn al- Khattab came back from Sargh.

From Iyas bin 'Abd al-Muzani who said: "The Prophet (saws) prohibited selling water."

[He said:] There are narrations on this topic from Jabir, Buhaisah from her father, Abu Hurairah, 'Aishah, Anas and 'Abdullah bin 'Amr.

[Abu 'Eisa said:] The Hadith is Iyas is a Hasan Sahih Hadith. This is acted upon according to most of the people of knowledge, they dislike selling water. This is the view of Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge permitted selling water, Al-Hasan al-Basri is one of them.

Abu Dawud said: This is also transmitted by Waki' from al-A'mash from Salamah b. Kuhail from 'Abd al-Rahman b. Abza.

It is also transmitted through a different chain by Jarir from al-A'mash from Salamah from Sa'id b. 'Abd al-Rahman b. Abza from his father.