Abu Dawud said: A similar tradition has also been transmitted by Isma'il b. Umayyah.

Yahya related to me from Malik that Abdullah ibn Abi Habiba said, "I said to a man, when I was young, 'A man who only says that he must walk to the House of Allah and does not say that he has vowed to walk, does not have to walk.' A man said, 'Shall I give you this small cucumber?' and he had a small cucumber in his hand and you will say, 'I must walk to the house of Allah?' I said, 'Yes' and I said it, for at that time I was still immature. Then, when I came of age, some one said to me that I had to fulfill my vow. I went and asked Said ibn al- Musayyab about it, and he said to me, 'You must walk.' So I walked."

Malik said, "That is the custom among us."

The Jews came to the Prophet (saws) and said: We eat which we kill but we do not eat which Allah kills? So Allah revealed: "Eat not of (meats) on which Allah's name hath not been pronounced." to the end of the verse.

The Messenger of Allah (saws) had himself cupped when he was fasting.

Abu Dawud said: Wuhaib b. Khalid narrated a similar tradition from Ayyub through a different chain of narrators. Ja'far b. Rabi'ah and Hisham, that is, Ibn Hassan, narrated a similar tradition from 'Ikrimah on the authority of Ibn 'Abbas.

Allah's Apostles said, "When a slave (of Allah) commits illegal sexual intercourse, he is not a believer at the time of committing it; and if he steals, he is not a believer at the time of stealing; and if he drinks an alcoholic drink, when he is not a believer at the time of drinking it; and he is not a believer when he commits a murder," 'Ikrima said: I asked Ibn Abbas, "How is faith taken away from him?" He said, Like this," by clasping his hands and then separating them, and added, "But if he repents, faith returns to him like this, by clasping his hands again.

That the Messenger of Allah (saws) said: "As for me, I do not eat while reclining."

He said: There are narrations on this topic from 'Ali, 'Abdullah bin 'Amr, and 'Abdullah bin Al-'Abbas.

[Abu 'Eisa said:] This Hadith is Hasan Sahih, we do not know of it except as a narration of 'Ali bin Al-Aqmar. Zakariyya bin Abi Za'idah, Sufyan bin Sa'eed, and other reported this Hadith from 'Ali bin Al-Aqmar. And Shu'bah reported this Hadith from Sufyan Ath-Thawri from 'Ali bin Al-Aqmar.

The Prophet (sal Allaahu alayhi wa sallam ) passed by two graves. He said : Both (the dead) are being punished, but they are not being punished for a major (sin). One did not safeguard himself from urine. The other carried tales. He then called for a fresh twig and split it into two parts and planted one part on each grave and said: Perhaps their punishment may be mitigated as long as the twigs remain fresh.

Another version of Hannad has: "One of them did not cover himself while urinating." This version does not have the words: "He did not safeguard himself from urine."

The Messenger of Allah (saws) restored his daughter Zaynab to Abul'As on the basis of the previous marriage, and he did not do anything afresh.

Muhammad b. 'Amr said in his version: After six years. Al-Hasan b. 'Ali said: After two years.

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal.' "

"A slave came to give the pledge to the Prophet (saws) for Hijrah, but the Prophet (saws) did not realize that he was a slave. So his master came, and the Prophet (saws) said: 'Sell him to me.' So he purchased him for two black slaves. After this he (saws) would not take the pledge from anyone until he asked him if he was a slave."

[He said:] There is something on this topic from Ibn 'Abbas.

[Abu 'Eisa said:] The Hadith of Jabir is Hasan Gharib Sahih, we do not know of it except as a narration of Abu Az-Zubair.

Mahmud bin Ar-Rabi` who was the person on whose face the Prophet had ejected a mouthful of water from his family's well while he was a boy, and `Urwa (on the authority of Al-Miswar and others) who testified each other, said, "Whenever the Prophet , performed ablution, his companions were nearly fighting for the remains of the water."

A client of the Prophet (saws) died and left some property, but he left no child or relative. The Messenger of Allah (saws) said: Give what he has left to a man belonging to his village.

Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet (saws) said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.

My father died and left behind seven or nine daughters, and I married a woman. The Prophet said, "Did you get married, O Jabir?" I replied, "Yes." He asked, "Is she a virgin or a matron?" I replied, "She is a matron." He said, "Why didn't you marry a virgin girl so that you might play with her and she with you (or, you might make her laugh and she make you laugh)?" I said, "My father died, leaving seven or nine girls (orphans) and I did not like to bring a young girl like them, so I married a woman who can look after them." He said, "May Allah bestow His Blessing on you."

The Prophet said, "The example of the person abiding by Allah's order and restrictions in comparison to those who violate them is like the example of those persons who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others), so they said, 'Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them. So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe."

That he went out in the company o; the Prophet during the year of Khaibar (campaign till they reached a place called As-Sahba', the lower part of Khaibar. They offered the `Asr prayer (there) and the Prophet asked for the food. Nothing but Sawiq was brought to the Prophet. So, they chewed it and ate it and drank water. After that the Prophet got up, washed his mouth, and they too washed their mouths and then offered the prayer.

Allah's Apostle said, "Noah and his nation will come (on the Day of Resurrection and Allah will ask (Noah), "Did you convey (the Message)?' He will reply, 'Yes, O my Lord!' Then Allah will ask Noah's nation, 'Did Noah convey My Message to you?' They will reply, 'No, no prophet came to us.' Then Allah will ask Noah, 'Who will stand a witness for you?' He will reply, 'Muhammad and his followers (will stand witness for me).' So, I and my followers will stand as witnesses for him (that he conveyed Allah's Message)." That is, (the interpretation) of the Statement of Allah: "Thus we have made you a just and the best nation that you might be witnesses Over mankind .." (2.143)

The Prophet said, "A tent (in Paradise) is like a hollow pearl which is thirty miles in height and on every corner of the tent the believer will have a family that cannot be seen by the others." (Narrated Abu `Imran in another narration, "The tent is sixty miles in height.")

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Every child is born on the fitra and it is his parents who make him a jew or a christian. Just as a camel is born whole - do you perceive any defect?" They said, "Messenger of Allah, what happens to people who die when they are (very) young?" He said, "Allah knows best what they used to do."

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "The blood-money of a magian is eight hundred dirhams."

Malik said, "This is what is done in our community."

Malik said, "The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation."

Yahya related to me from Malik from his uncle Abu Suhayl ibn Malik that his father said, "I used to see a carpet belonging to Aqil ibn Abi Talib spread out on the day of jumua up to the west wall of the mosque. When the shadow of the wall covered the whole carpet, Umar ibn al-Khattab would come out and pray the jumua prayer."

Malik, Abu Suhayl's father, added, "We would then return after the jumua prayer and take our midday sleep."

The Prophet (saws) said about the woman having a prolonged flow of blood: She should abandon prayer during her menstrual period: then she should take a bath and pray. She should perform ablution for every prayer.

Abu Dawud said: 'Uthman added: She should keep fast and pray.

The Prophet said, "On every Friday the angels take their stand at every gate of the mosque to write the names of the people chronologically (i.e. according to the time of their arrival for the Friday prayer) and when the Imam sits (on the pulpit) they fold up their scrolls and get ready to listen to the sermon."

Salim said: ‘Abd Allah(b. ‘Umar) used to kill every snake which he found. Abu Lubabah or Zaid b. al-Khattab saw him chasing a snake. He said: He(the Prophet) prohibited house-snakes.

The Prophet said, "While I was sleeping, a group (of my followers were brought close to me), and when I recognized them, a man (an angel) came out from amongst (us) me and them, he said (to them), 'Come along.' I asked, 'Where?' He said, 'To the (Hell) Fire, by Allah' I asked, 'what is wrong with them' He said, 'They turned apostate as renegades after you left.' Then behold! (Another) group (of my followers) were brought close to me, and when I recognized them, a man (an angel) came out from (me and them) he said (to them); Come along.' I asked, "Where?' He said, 'To the (Hell) Fire, by Allah.' I asked, What is wrong with them?' He said, 'They turned apostate as renegades after you left. So I did not see anyone of them escaping except a few who were like camels without a shepherd."

That the Prophet asked him (Imran) or asked a man and `Imran was listening, "O Abu so-and-so! Have you fasted the last days of this month?" (The narrator thought that he said, "the month of Ramadan"). The man replied, "No, O Allah's Apostle!" The Prophet said to him, "When you finish your fasting (of Ramadan) fast two days (in Shawwal)." Through another series of narrators `Imran said, "The Prophet said, '(Have you fasted) the last days of Sha'ban?"

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."

Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'

Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."