Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani that Umar ibn Abd al-Aziz, when writing about wealth that one of his governors had collected unjustly, ordered it to be returned to its owner and zakat to be taken from it for the years that had passed. Then shortly afterwards he revised his order with a message that zakat should only be taken from it once, since it was not wealth in hand.

That on the day of Conquest of Makkah, the Messenger of Allah (saws) said: "There is no Hijrah after the conquest, there is only Jihad and intention, and when you are called to go forth (for battle), then go."

[He said:] There are narrations on this topic from Abu Sa'eed, 'Abdullah bin 'Amr, and 'Abdullah bin Hubshi.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Sufyan Ath-Thawri reported it similarly from Mansur bin Al-Mu'tamir.

Whenever Allah's Apostle was given the choice of one of two matters, he would choose the easier of the two, as long as it was not sinful to do so, but if it was sinful to do so, he would not approach it. Allah's Apostle never took revenge (over anybody) for his own sake but (he did) only when Allah's Legal Bindings were outraged in which case he would take revenge for Allah's Sake.

Regarding the Statement of Allah" "And We granted the vision (Ascension to the heavens) which We made you see (as an actual eye witness) was only made as a trial for the people." (17.60) Ibn `Abbas added: The sights which Allah's Apostle was shown on the Night Journey when he was taken to Bait-ulMaqdis (i.e. Jerusalem) were actual sights, (not dreams). And the Cursed Tree (mentioned) in the Qur'an is the tree of Zaqqum (itself) .

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

I was sitting in al-Batha with a company among whom the Messenger of Allah (saws) was sitting, when a cloud passed above them.

The Messenger of Allah (saws) looked at it and said: What do you call this? They said: Sahab.

He said: And muzn? They said: And muzn. He said: And anan? They said: And anan. AbuDawud said: I am not quite confident about the word anan. He asked: Do you know the distance between Heaven and Earth? They replied: We do not know. He then said: The distance between them is seventy-one, seventy-two, or seventy-three years. The heaven which is above it is at a similar distance (going on till he counted seven heavens). Above the seventh heaven there is a sea, the distance between whose surface and bottom is like that between one heaven and the next. Above that there are eight mountain goats the distance between whose hoofs and haunches is like the distance between one heaven and the next. Then Allah, the Blessed and the Exalted, is above that.

When it was the day of (the battle of) Hunain, the Prophet confronted the tribe of Hawazin while there were ten-thousand (men) besides the Tulaqa' (i.e. those who had embraced Islam on the day of the Conquest of Mecca) with the Prophet. When they (i.e. Muslims) fled, the Prophet said, "O the group of Ansari" They replied, "Labbaik, O Allah's Apostle and Sadaik! We are under your command." Then the Prophet got down (from his mule) and said, "I am Allah's Slave and His Apostle." Then the pagans were defeated. The Prophet distributed the war booty amongst the Tulaqa and Muhajirin (i.e. Emigrants) and did not give anything to the Ansar. So the Ansar spoke (i.e. were dissatisfied) and he called them and made them enter a leather tent and said, Won't you be pleased that the people take the sheep and camels, and you take Allah's Apostle along with you?" The Prophet added, "If the people took their way through a valley and the Ansar took their way through a mountain pass, then I would choose a mountain pass of the Ansar."

Banu al-Harith b. 'Amir b. Nawfal bought Khubaib. Khubaib killed al-Harith b. 'Amir on the day of Badr. Khubaib remained with them as a prisoner until they agreed on his killing. He borrowed razor form the daughter of al-Harith to shave his pubes. She let it to him. A small child of her crept to him while she was inattentive. When she same, she found him alone and the child was on this thigh and the razor was in his hand. She was terrified and he realized its effect on her. He said: Do you fear that I shall kill him ? I am not going to do that.

Abu Dawud said: Shu'aib b. Abi Hamzah transmitted this narrative from al-Zuhri. He said: 'Ubaid Allah b. 'Ayyash told me that the daughter of al-Harith told him that when they gathered for killing him, he borrowed a razor from her to shave (his pubes). She lent it to him.

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

There was a dispute between Abu Bakr and `Umar, and Abu Bakr made `Umar angry. So `Umar left angrily. Abu Bakr followed him, requesting him to ask forgiveness (of Allah) for him, but `Umar refused to do so and closed his door in Abu Bakr's face. So Abu Bakr went to Allah's Apostle while we were with him. Allah's Apostle said, "This friend of yours must have quarrelled (with somebody)." In the meantime `Umar repented and felt sorry for what he had done, so he came, greeted (those who were present) and sat with the Prophet and related the story to him. Allah's Apostle became angry and Abu Bakr started saying, "O Allah's Apostle! By Allah, I was more at fault (than `Umar)." Allah's Apostle said, "Are you (people) leaving for me my companion? (Abu Bakr), Are you (people) leaving for me my companion? When I said, 'O people I am sent to you all as the Apostle of Allah,' you said, 'You tell a lie.' while Abu Bakr said, 'You have spoken the truth ."

As-Salami: Allah's Apostle used to teach his companions to perform the prayer of Istikhara for each and every matter just as he used to teach them the Suras from the Qur'an He used to say, "If anyone of you intends to do some thing, he should offer a two rak`at prayer other than the compulsory prayers, and after finishing it, he should say: O Allah! I consult You, for You have all knowledge, and appeal to You to support me with Your Power and ask for Your Bounty, for You are able to do things while I am not, and You know while I do not; and You are the Knower of the Unseen. O Allah If You know It this matter (name your matter) is good for me both at present and in the future, (or in my religion), in my this life and in the Hereafter, then fulfill it for me and make it easy for me, and then bestow Your Blessings on me in that matter. O Allah! If You know that this matter is not good for me in my religion, in my this life and in my coming Hereafter (or at present or in the future), then divert me from it and choose for me what is good wherever it may be, and make me be pleased with it." (See Hadith No. 391, Vol. 8)

Yahya related to me from Malik that he had heard some of the people of knowledge say, "If someone goes into ihram to do umra and then wants to go into ihram to do hajj as well, he can do so, as long as he has not done tawaf of the House and s'ay between Safa and Marwa. This is what Abdullah ibn 'Umar did when he said, 'If I am blocked from the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace.' He then turned to his companions and said, 'It is the same either way. I call you to witness that I have decided in favour of hajj and umra together. ' "

Malik said, "The companions of the Messenger of Allah, may Allah bless him and grant him peace, went into ihram to do umra in the year of the farewell hajj, and the Messenger of Allah, may Allah bless him and grant him peace, said to them, 'Anyone that has a sacrificial animal with him should go into ihram to do hajj and umra together, and he should not come out of ihram until he has finished both.' "

"I entered upon 'Umar bin Al-Khattab. (Then) Uthman bin 'Affan, Az-Zubair, 'Abdur-Rahman bin Awf, and Sa'd bin Abi Waqqas entered. Then 'Ali and Al-'Abbas came disputing. 'Umar said to them: ' I ask you, by Allah the One by Whose Will the heavens and the earth are maintained, do you know that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity?" They said: 'Yes.' 'Umar said: 'When the Messenger of Allah (saws) died, Abu Bakr said: "I am the caretaker of the Messenger of Allah (saws)" So you and he went to Abu Bakr and you sought your inheritance from the son of your brother, and he sought the inheritance of his wife from her father. So Abu Bakr said that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity." And Allah knows that he is truthful, innocent, instructing and following the truth.'"

[Abu 'Eisa said:] There is a lengthy story along with the Hadith. And this Hadith is Hasan Sahih Gharib as a narration of Malik bin Anas.

That `Amr bin `Auf, who was an ally of Bani 'Amir bin Luai and one of those who fought at Badr in the company of the Prophet , said, "Allah's Apostle sent Abu 'Ubaida bin Al-Jarrah to Bahrain to bring the Jizya taxation from its people, for Allah's Apostle had made a peace treaty with the people of Bahrain and appointed Al-`Ala' bin Al-Hadrami as their ruler. So, Abu 'Ubaida arrived with the money from Bahrain. When the Ansar heard of the arrival of Abu 'Ubaida (on the next day) they offered the morning prayer with the Prophet and when the morning prayer had finished, they presented themselves before him. On seeing the Ansar, Allah's Apostle smiled and said, "I think you have heard that Abu 'Ubaida has brought something?" They replied, "Indeed, it is so, O Allah's Apostle!" He said, "Be happy, and hope for what will please you. By Allah, I am not afraid that you will be poor, but I fear that worldly wealth will be bestowed upon you as it was bestowed upon those who lived before you. So you will compete amongst yourselves for it, as they competed for it and it will destroy you as it did them."

`Abdullah bin Masud said, "Allah's Apostle said, 'Whoever takes an oath when asked to do so, in which he may deprive a Muslim of his property unlawfully, will meet Allah Who will be angry with him.' So Allah revealed in confirmation of this statement:--"Verily! Those who Purchase a small gain at the cost of Allah's Covenant and oaths, they shall have no portion in the Hereafter..." (3.77) Then entered Al-Ash'ath bin Qais and said, "What is Abu `Abdur-Rahman narrating to you?" We replied, 'So-and-so." Al-Ash'ath said, "This Verse was revealed in my connection. I had a well in the land of my cousin (and he denied my, possessing it). On that the Prophet said to me, 'Either you bring forward a proof or he (i.e. your cousin) takes an oath (to confirm his claim)' I said, 'I am sure he would take a (false) oath, O Allah's Apostle.' He said, 'If somebody takes an oath when asked to do so through which he may deprive a Muslim of his property (unlawfully) and he is a liar in his oath, he will meet Allah Who will be angry with him.' "

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

The Messenger of Allah (saws) said: If anyone fights in Allah's path as long as the time between two milkings of a she-camel, Paradise will be assured for him. If anyone sincerely asks Allah for being killed and then dies or is killed, there will be a reward of a martyr for him. Ibn al-Musaffa added from here: If anyone is wounded in Allah's path, or suffers a misfortune, it will come on the Day of resurrection as copious as possible, its colour saffron, and its odour musk; and if anyone suffers from ulcers while in Allah's path, he will have on him the stamp of the martyrs.

Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan ibn Tarif al-Murri informed him that Marwan ibn al-Hakam sent him to Abdullah ibn Abbas to ask him what there was for the molar. Abdullah ibn Abbas said, "There are five camels for it." He said, "Marwan sent me back again to Abdullah ibn Abbas.'' He said, "Do you make front teeth like molars?" Abdullah ibn Abbas said, "It is enough that you take the fingers as the example for that, their blood-moneys being all the same."

The Prophet (saws) said: Three types of people attend Friday prayer; One is present in a frivolous way and that is all he gets from it; another comes with a supplication, Allah may grant or refuse his request as He wishes; another is present silently and quietly with-out stepping over a Muslim or annoying anyone, and that is an atonement for his sins till the next Friday and three days more, the reason being that Allah, the Exalted, says: "He who does a good deed will have ten times as much" (vi.160).

The Prophet (saws) said: (The narrator Musa said in another place: From Samurah ibn Jundub as presumed by Hammad): If anyone gets possession of a relative who is within the prohibited degrees, that person becomes free. AbuDawud said: A similar tradition has also been transmitted by Samurah from the Prophet (saws) through a different chain.

Abu Dawud said: Only Hammad b. Salamah has transmitted this tradition and he had doubt in it.

Malik related to me from Nafi from Abdullah ibn Umar that A'isha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, "We will sell her to you provided that her wala' is ours." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Don't let that hinder you, for the wala' only belongs to the one who sets free."

A man kissed a woman and then came to Allah's Apostle and told him of that, so this Divine Inspiration was revealed to the Prophet 'And offer Prayers perfectly at the two ends of the day, and in some hours of the night; (i.e. (five) compulsory prayers). Verily, the good deeds remove the evil deeds (small sins) That is a reminder for the mindful.' (11.114) The man said, Is this instruction for me only?' The Prophet said, "It is for all those of my followers who encounter a similar situation."

Whenever Allah's Apostle was given the choice of one of two matters he would choose the easier of the two as long as it was not sinful to do so, but if it was sinful, he would not approach it. Allah's Apostle never took revenge over anybody for his own sake but (he did) only when Allah's legal bindings were outraged, in which case he would take revenge for Allah's sake." (See Hadith No. 760. Vol. 4)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar shrouded his son Waqid ibn Abdullah, who had died at al-Juhfa while in ihram, and he veiled his head and face and said, "If we had not been in ihram we would have perfumed him. "

Malik said, "A man can only do things while he is alive. When he is dead, his actions stop."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Umar said, "Someone who is held back from going to the House by illness can only come out of ihram after he has done tawaf of the House and say between Safa and Marwa. If it is absolutely necessary for him to wear any ordinary clothes, or undergo medical treatment, he should do that and pay compensation for it."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone breaks an oath which he has stressed, he has to free a slave, or clothe ten poor people. If someone breaks an oath, but has not stressed it, he only has to feed ten poor people and each poor person is fed a mudd of wheat. Some one who does not have the means for that, should fast for three days."

When the Prophet (saws) entered the privy, he removed his ring.

Abu Dawud said: This is a munkar tradition, i.e. it contradicts the well-known version reported by reliable narrators. On the authority of Anas the well-known version says: The Prophet (saws) had a silver ring made for him. Then he cast it off. The misunderstanding is on the part of Hammam (who is the narrator of the previous tradition mentioned in the text). This is transmitted only by Hammam.

Urwah ibn az-Zubayr said that Fatimah daughter of AbuHubaysh narrated to him that she asked the Messenger of Allah (saws) and complained to him about the flowing of (her) blood. The Messenger of Allah (saws) said to her: That is only (due to) a vein: look, when your menstruation comes, do not pray; and when your menstruation ends, wash yourself and then offer prayer during the period from one menstruation to another.

Yahya related to me from Malik from Hisham ibn Urwa that his father would never do two sets of seven tawafs together without praying between them. After every seven tawafs he would pray two rakas, sometimes at the maqam of Ibrahim, and sometimes elsewhere.

Malik was asked whether a man doing voluntary tawaf could, to make it easier on himself, join two or more sets of seven circuits and then pray whatever he owed for those sets of seven, and he said, "He should not do that. The sunna is that he does two rakasafter every seven circuits."

Malik said, about someone who began doing tawaf and then forgot how many he had done and did eightor nine circuits, "He should stop when he knows that he has done more than the right number and then pray two rakas,and he should not count the ones that he has done in excess. Neither should he build on the nine that he has done and then pray the rakas for the two sets of seven circuits together, because the sunna is that you pray two rakas after every seven circuits."

Malik said that someone who was in doubt about his tawaf after he had prayed the two rakas of tawaf should go back and complete his tawaf until he was certain of how much he had done. He should then repeat the two rakas, because prayer when doing tawaf was only valid after completing seven circuits.

"If some one breaks his wudu either while he is doing tawaf, or when he has finished tawaf but before he has prayed the two rakas of tawaf, he should do wudu and begin the tawaf and the two rakas afresh. Breaking wudu does not interrupt say between Safa and Marwa, but a person should not begin say unless he is pure by being in wudu."

I saw a man whose opinion was accepted by the people, and whatever he said they submitted to it. I asked: Who is he? They said: This is the Messenger of Allah (saws). I said: On you be peace, Messenger of Allah, twice. He said: Do not say "On you be peace," for "On you be peace" is a greeting for the dead, but say "Peace be upon you".

I asked: You are the Messenger of Allah (may peace be upon you)? He said: I am the Messenger of Allah Whom you call when a calamity befalls you and He removes it; when you suffer from drought and you call Him, He grows food for you; and when you are in a desolate land or in a desert and your she-camel strays and you call Him, He returns it to you.

I said: Give me some advice. He said: Do not abuse anyone. He said that he did not abuse a freeman, or a slave, or a camel or a sheep thenceforth. He said: Do not look down upon any good work, and when you speak to your brother, show him a cheerful face. This is a good work. Have your lower garment halfway down your shin; if you cannot do it, have it up to the ankles. Beware of trailing the lower garment, for it is conceit and Allah does not like conceit. And if a man abuses and shames you for something which he finds in you, then do not shame him for something which you find in him; he will bear the evil consequences for it.

Yahya related to me from Malik from Zayd ibn Aslam from Ibrahim ibn Abdullah ibn Hunayn from his father Abdullah ibn Hunayn that Abdullah ibn Abbas and al-Miswar ibn Makhrama once had a disagreement at al-Abwa. Abdullah said that some one in ihram could wash his head, and al Miswar ibn Makhrama maintained that some one in ihram could not wash his head.

Abdullah ibn Hunayn continued, "Abdullah ibn Abbas sent me to Abu Ayyub al-Ansari, and I found him doing ghusl between the posts of a well, screened by a garment. I greeted him and hesaid, 'Who is that?' I replied, 'I am 'Abdullah ibn Hunayn. 'Abdullah ibn Abbas sent me to you to ask how the Messenger of Allah, may Allah bless him and grant him peace, used to wash his head when he was in ihram.' "

He continued, "Abu Ayyub put his hand on the garment and pulled it down until I could see his head. He said to the man who was pouring out the water for him, 'Pour,' and he poured some over his head. Then he passed his hands over his head from the front to the back and then to the front again, and then said, 'I saw the Messenger of Allah, may Allah bless him and grant him peace, doing it like this.' "

The Prophet sent an army unit (for some campaign) and appointed a man from the Ansar as its commander and ordered them (the soldiers) to obey him. (During the campaign) he became angry with them and said, "Didn't the Prophet order you to obey me?" They said, "Yes." He said, "I order you to collect wood and make a fire and then throw yourselves into it." So they collected wood and made a fire, but when they were about to throw themselves into, it they started looking at each other, and some of them said, "We followed the Prophet to escape from the fire. How should we enter it now?" So while they were in that state, the fire extinguished and their commander's anger abated. The event was mentioned to the Prophet and he said, "If they had entered it (the fire) they would never have come out of it, for obedience is required only in what is good." (See Hadith No. 629. Vol. 5)

A son of one of the daughters of the Prophet was dying, so she sent a person to call the Prophet. He sent (her a message), "What ever Allah takes is for Him, and whatever He gives is for Him, and everything has a limited fixed term (in this world) so she should be patient and hope for Allah's reward." She then sent for him again, swearing that he should come. Allah's Apostle got up, and so did Mu`adh bin Jabal, Ubai bin Ka`b and 'Ubada bin As-Samit. When he entered (the house), they gave the child to Allah's Apostle while its breath was disturbed in his chest. (The sub-narrator said: I think he said, "...as if it was a water skin.") Allah's Apostle started weeping whereupon Sa`d bin 'Ubada said, "Do you weep?" The Prophet said, "Allah is merciful only to those of His slaves who are merciful (to others).

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

That he was informed by `Aisha, "Allah's Apostle went out in the middle of the night and prayed in the mosque and some men prayed behind him. In the morning, the people spoke about it and then a large number of them gathered and prayed behind him (on the second night). In the next morning the people again talked about it and on the third night the mosque was full with a large number of people. Allah's Apostle came out and the people prayed behind him. On the fourth night the Mosque was overwhelmed with people and could not accommodate them, but the Prophet came out (only) for the morning prayer. When the morning prayer was finished he recited Tashah-hud and (addressing the people) said, "Amma ba'du, your presence was not hidden from me but I was afraid lest the night prayer (Qiyam) should be enjoined on you and you might not be able to carry it on." So, Allah's Apostle died and the situation remained like that (i.e. people prayed individually). "

Lian was mentioned in the presence of the Prophet, `Asim bin Adi said a statement about it, and when he left, a man from his tribe came to him complaining that he had seen a man with his wife. `Asim said, "I have been put to trial only because of my statement." So he took the man to the Prophet and the man told him about the incident. The man (husband) was of yellow complexion, thin, and of lank hair, while the man whom he had accused of having been with his wife, was reddish brown with fat thick legs and fat body. The Prophet said, "O Allah! Reveal the truth." Later on the lady delivered a child resembling the man whom the husband had accused of having been with her. So the Prophet made them take the oath of Lian. A man said to Ibn `Abbas in the gathering, "Was that the same lady about whom the Prophet said, "If I were to stone any lady (for committing illegal sexual intercourse) to death without witnesses, I would have stoned that lade to death?" Ibn `Abbas said, "No, that was another lady who used to behave in such a suspicious way among the Muslims that one might accuse her of committing illegal sexual intercourse."

Yahya related to me from Malik from Ibn Shihab that Rafi ibn Khadij married the daughter of Muhammad ibn Maslama al-Ansari. She was with him until she grew older, and then he married a young girl and preferred the young girl to her. She begged him to divorce her, so he divorced her and then he gave her time until she had almost finished her idda period and then he returned and still preferred the young girl. She therefore asked him to divorce her. He divorced her once, and then returned to her, and still preferred the young girl, and she asked him to divorce her. He said, "What do you want? There is only one divorce left. If you like, continue and put up with what you see of preference, and if you like, I will separate from you." She said, "I will continue in spite of the preference." He kept her in spite of that. Rafi did not see that he had done any wrong action when she remained with him in spite of preference.

From 'Aishah that she wanted to purchase Barirah, but they (he owners) made the condition that they would retain the Wala'. So the Prophet (saws) said: "Buy her, the Wala' is only for the one who gives the price, or for the one who grants the favor."

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

[Abu 'Eisa said:] The Hadith of 'Aishah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Mansur bin Al-Mu'tamir's Kunyah is Abu 'Attab.

Abu Bakr Al-'Attar Al-Basri narrated to us from 'Ali bin Al-Madini who said: "I heard Yahya bin Sa'eed saying: 'When you get a narration from Mansur, then your hand has been filled with goodness without needing others.' Then Yahya said: 'I did not find anyone more reliable in (narrating from) Ibrahim An-Nakha'i and Mujahid than Mansur."

[He said:] Muhammad informed me from 'Abdullah bin Abi Al-Aswad who said: " 'Abdur-Rahman bin Mahdi said: 'Mansur is the most reliable of the people of Al-Kufah.'"

Allah's Apostle said (to me), "If the property of Bahrain had come to us, I would have given you so much and so much." But the Bahrain property did not come till the Prophet had died. When the Bahrain property came. Abu Bakr ordered somebody to announce, "Any person who has money claim on Allah's Apostle or whom Allah's Apostle had promised something, should come to us." So, I went to him and said, "Allah's Apostle had promised to give me so much an so much." Abu Bakr scooped up money with both hands thrice for me." (The sub-narrator Sufyan illustrated this action by scooping up with both hands and said, "Ibn Munkadir, another sub-narrator, used to illustrate it in this way.") Narrated Jabir: Once I went to Abu Bakr and asked for the money but he did not give me, and I went to him again, but he did not give me, so I went to him for the third time and said, "I asked you, but you did not give me; then I asked you (for the second time) and you did not give me; then I asked you (for the third time) but you did not give me. You should either give me or allow yourself to be considered a miser regarding my case." Abu Bakr said, "You tell me that I am a miser with regard to you. But really, whenever I rejected your request, I had the inclination to give you." (In another narration Jabir added:) So, Abu Bakr scooped up money with both hands for me and asked me to count it. I found out that It was five hundred. Abu Bakr told me to take twice that amount.

The collector used to visit the water-hole when the sheep went there and say: Pay the sadaqah (zakat) on your property. The narrator said: A man wanted to give him his high-humped camel (kawma'). The narrator (Hilal) asked: What is kawma', AbuSalih? He said: A camel a high hump.

The narrator continued: He (the collector) refused to accept it. He said: I wish you could take the best of my camels. He refused to accept it. He then brought another camel lower in quality than the previous one. He refused to accept it too. He then brought another camel lower in quality than the previous one. He accepted it, saying: I shall take it, but I am afraid the Messenger of Allah (saws) might be angry with me, saying to me: You have purposely taken from a man a camel of your choice.

Abu Dawud said: This tradition has also been narrated by Hushaim from Hilal bin Khabbab to the same effect. But he said: Those which are in one flock are not to be separated.

Abu Dawud said: Musaddad in his tradition said that Ma’mar said: The people ceased to recite (the Qur’an) at the prayer in which the Messenger of Allah (saws) recited aloud. Ibn al-Sarh said in his version that Ma’mar reported from al-Zuhri on the authority of Abu Hurairah. Then the people ceased (to recite behind the imam). Another version says: Sufyan said: Al-Zuhri spoke a word that I could not hear. Then Ma’mar said: He said: Then people ceased (to recite the Qur’an)

Abu Dawud said: This tradition has been narrated by ‘Abd al-Raman b. Ishaq on the authority of al-Zuhri. This version ends at the words: “What is the matter with me that I am contended with in (the recitation of) the Qur’an. Al-Awza’i also narrated it on the authority of al-Zuhri. This version has: Al-Zuhri said: The Muslims took lesson from that and thenceforth they did not recite (the Qur’an) at the prayer in which he (the Prophet) recited aloud.

Abu Dawud said: I heard Muhammad b. Yaya b. Faris say: The words “the people ceased to recite (the Qur’an)” is a statement of al-zuhri.

Ya`la used to say, "I wish I could see Allah's Apostle at the time he is being inspired Divinely." When the Prophet was at Al-Ja'rana and was shaded by a garment hanging over him and some of his companions were with him, a man perfumed with scent came and said, "O Allah's Apostle! What is your opinion regarding a man who assumes Ihram and puts on a cloak after perfuming his body with scent?" The Prophet waited for a while, and then the Divine Inspiration descended upon him. `Umar pointed out to Ya`la, telling him to come. Ya`la came and pushed his head (underneath the screen which was covering the Prophet ) and behold! The Prophet's face was red and he kept on breathing heavily for a while and then he was relieved. Thereupon he said, "Where is the questioner who asked me about `Umra a while ago?" The man was sought and then was brought before the Prophet who said (to him), "As regards the scent which you perfumed your body with, you must wash it off thrice, and as for your cloak, you must take it off; and then perform in your `Umra all those things which you perform in Hajj."

Yahya said that Malik spoke about an investor who made a qirad loan to a man.

He said, "When the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collecting debts, transporting the goods, loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides, he has no expenses from the capital and no clothing."

Malik spoke about an investor who paid qirad money to a man, and the agent went out with it and with his own capital. He said, "The expenses come from the qirad and from his own capital according to their proportions."

Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."

Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."

Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."