Yahya related to me from Malik from Abu'r-Rijal, Muhammad ibn Abdar-Rahman ibn Haritha that his mother, Amra bint Abd ar-Rahman used to sell her fruit and keep some of it aside.

Malik said, "The generally agreed upon way of doing things among us is that when a man sells the fruit of his orchard, he can keep aside up to a third of the fruit, but that is not to be exceeded. There is no harm in what is less than a third."

Malik added that he thought there was no harm for a man to sell the fruit of his orchard and keep aside only the fruit of a certain palm-tree or palm-trees which he had chosen and whose number he had specified, because the owner was only keeping aside certain fruit of his own orchard and everything else he sold.

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

A necklace of mine was lost at Al-Baida' and we were on our way to Medina. The Prophet made his camel kneel down and dismounted and laid his head on my lap and slept. Abu Bakr came to me and hit me violently on the chest and said, "You have detained the people because of a necklace." I kept as motionless as a dead person because of the position of Allah's Apostle ; (on my lap) although Abu Bakr had hurt me (with the slap). Then the Prophet woke up and it was the time for the morning (prayer). Water was sought, but in vain; so the following Verse was revealed:-- "O you who believe! When you intend to offer prayer.." (5.6) Usaid bin Hudair said, "Allah has blessed the people for your sake, O the family of Abu Bakr. You are but a blessing for them."

Allah's Apostle got up when the Verse:--'And warn your tribe of near kindred...." (26.214) was revealed and said, "O Quraish people! (or he said a similar word) Buy yourselves! I cannot save you from Allah (if you disobey Him) O Bani Abu Manaf! I cannot save you from Allah (if you disobey Him). O `Abbas! The son of `Abdul Muttalib! I cannot save you from Allah (if you disobey Him) O Safiya, (the aunt of Allah's Apostle) I cannot save you from Allah (if you disobey Him). O Fatima, the daughter of Muhammad ! Ask what you wish from my property, but I cannot save you from Allah (if you disobey Him).

The people said, "O Allah's Apostle! The rich people have got the highest degrees of prestige and the permanent pleasures (in this life and the life to come in the Hereafter)." He said, "How is that?" They said, "The rich pray as we pray, and strive in Allah's Cause as we do, and spend from their surplus wealth in charity, while we have no wealth (to spend likewise)." He said, "Shall I not tell you a thing, by doing which, you will catch up with those who are ahead of you and supersede those who will come after you; and nobody will be able to do such a good deed as you do except the one who does the same (deed as you do). That deed is to recite 'Subhan Allah ten times, and 'Al-Hamduli l-lah ten times, and 'AllahuAkbar' ten times after every prayer."

I gave the pledge of allegiance to the Prophet with a group of people, and he said, "I take your pledge that you will not worship anything besides Allah, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. And whoever among you fulfill all these (obligations of the pledge), his reward is with Allah. And whoever commits any of the above crimes and receives his legal punishment in this world, that will be his expiation and purification. But if Allah screens his sin, it will be up to Allah, Who will either punish or forgive him according to His wish." Abu `Abdullah said: "If a thief repents after his hand has been cut off, the his witness well be accepted. Similarly, if any person upon whom any legal punishment has been inflicted, repents, his witness will be accepted."

That while he was included in a delegation of Quraish staying with Muawiya, Muawiya heard that `Abdullah bin `Amr had said that there would be a king from Qahtan tribe, whereupon he became very angry. He stood up, and after glorifying and praising Allah as He deserved, said, "To proceed, I have come to know that some of you men are narrating things which are neither in Allah's Book, nor has been mentioned by Allah's Apostle . Such people are the ignorant among you. Beware of such vain desires that mislead those who have them. I have heard Allah's Apostle saying, 'This matter (of the caliphate) will remain with the Quraish, and none will rebel against them, but Allah will throw him down on his face as long as they stick to the rules and regulations of the religion (Islam).'"

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani said, "A man died on the day of Hunayn, and they mentioned him to the Messenger of Allah, may Allah bless him and grant him peace." Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "You pray over your companion." (i.e. he would not pray himself). The people's faces dropped at that. Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "Your companion stole from the spoils taken in the way of Allah." Zayd said, "So we opened up his baggage and found some Jews' beads worth about two dirhams."

Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al- Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it " They returned to Marwan and told him. Marwan said, "I told you."

Malik said that there was no harm in eating fish caught by magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "In the sea's water is purity, and that which is dead in it is halal. "

Malik said, "If it is eaten when it is dead, there is no harm in who catches it."

(the freed slave of `Uthman bin `Affan) I saw `Uthman bin `Affan asking (for a tumbler of water) to perform ablution (and when it was brought) he poured water from it over his hands and washed them thrice and then put his right hand in the water container and rinsed his mouth and washed his nose by putting water in it and then blowing it out. Then he washed his face thrice and (then) forearms up to the elbows thrice, then passed his wet hands over his head and then washed each foot thrice. After that `Uthman said, "I saw the Prophet performing ablution like this of mine, and he said, 'If anyone performs ablution like that of mine and offers a two-rak`at prayer during which he does not think of anything else (not related to the present prayer) then his past sins will be forgiven. '

In the lifetime of the Prophet whosoever saw a dream would narrate it to Allah's Apostle. I had a wish of seeing a dream to narrate it to Allah's Apostle (p.b.u.h) I was a grown up boy and used to sleep in the Mosque in the lifetime of the Prophet. I saw in the dream that two angels caught hold of me and took me to the Fire which was built all round like a built well and had two poles in it and the people in it were known to me. I started saying, "I seek refuge with Allah from the Fire." Then I met another angel who told me not to be afraid. I narrated the dream to Hafsa who told it to Allah's Apostle. The Prophet said, "Abdullah is a good man. I wish he prayed Tahajjud." After that `Abdullah (i.e. Salim's father) used to sleep but a little at night.

We were in the company of the Prophet on a journey and he was fasting, and when the sun set, he addressed somebody, "O so-and-so, get up and mix Sawiq with water for us." He replied, "O Allah's Apostle! (Will you wait) till it is evening?" The Prophet said, "Get down and mix Sawiq with water for us." He replied, "O Allah's Apostle! (If you wait) till it is evening." The Prophet said again, "Get down and mix Sawiq with water for us." He replied, "It is still daytime."(1) The Prophet said again, "Get down and mix Sawiq with water for us." He got down and mixed Sawiq for them. The Prophet drank it and then said, "When you see night falling from this side, the fasting person should break his fast."

Allah's Apostle said, "Allah made Mecca a sanctuary and it was neither permitted for anyone before, nor will it be permitted for anyone after me (to fight in it). And fighting in it was made legal for me for a few hours of a day only. None is allowed to uproot its thorny shrubs or to cut down its trees or to chase its game or to pick up its Luqata (fallen things) except by a person who would announce it publicly." `Abbas bin `Abdul-Muttalib requested the Prophet, "Except Al-Idhkhir, for our goldsmiths and for the roofs of our houses." The Prophet said, "Except Al-Idhkhir." `Ikrima said, "Do you know what is meant by chasing its game? It is to drive it out of the shade and sit in its place." Khalid said, "(`Abbas said: Al-Idhkhir) for our goldsmiths and our graves."

The Prophet said, "Your example and the example of the people of the two Scriptures (i.e. Jews and Christians) is like the example of a man who employed some laborers and asked them, 'Who will work for me from morning till midday for one Qirat?' The Jews accepted and carried out the work. He then asked, Who will work for me from midday up to the `Asr prayer for one Qirat?' The Christians accepted and fulfilled the work. He then said, 'Who will work for me from the `Asr till sunset for two Qirats?' You, Muslims have accepted the offer. The Jews and the Christians got angry and said, 'Why should we work more and get lesser wages?' (Allah) said, 'Have I withheld part of your right?' They replied in the negative. He said, 'It is My Blessing, I bestow upon whomever I wish .'

While I was riding a (slow) and tired camel, the Prophet passed by and beat it and prayed for Allah's Blessings for it. The camel became so fast as it had never been before. The Prophet then said, "Sell it to me for one Uqiyya (of gold)." I said, "No." He again said, "Sell it to me for one Uqiyya (of gold)." I sold it and stipulated that I should ride it to my house. When we reached (Medina) I took that camel to the Prophet and he gave me its price. I returned home but he sent for me (and when I went to him) he said, "I will not take your camel. Take your camel as a gift for you." (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina).

Allah's Apostle said, "Moses the Apostle of Allah," and then he narrated the whole story about him. Al-Khadir said to Moses, "Did not I tell you that you can have no patience with me." (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses: "Call me not to account for forgetting And be not hard upon me." (18.73) "Then they met a boy and Khadir killed him." (18.74) "Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight." (18.77)

On the day of a solar eclipse, Allah's Apostle stood up (to offer the eclipse prayer). He recited Takbir, recited a long recitation (of Holy Verses), bowed a long bowing, and then he raised h is head saying. "Allah hears him who sends his praises to Him." Then he stayed standing, recited a long recitation again, but shorter than the former, bowed a long bowing, but shorter than the first, performed a long prostration and then performed the second rak`a in the same way as he had done the first. By the time he had finished his prayer with Taslim, the solar eclipse had been over. Then he addressed the people referring to the solar and lunar eclipses saying, "These are two signs amongst the Signs of Allah, and they do not eclipse because of anyone's death or life. So, if you see them, hasten for the Prayer."

The Messenger of Allah (saws) led one section in one rak'ah of prayer and the other section was facing the enemy. Then they turned away and took the position of the other section. They (the other section) came and he (the Prophet) led them in the second rak'ah. He then uttered the salutation. Thereafter they stood up and completed the remaining rak'ah, they went away and the other section completed their remaining rak'ah.

Abu Dawud said: This tradition has been narrated by Nafi' and Khalid b. Ma'dan from Ibn 'Umar in like manner from the Prophet (saws). This has also been transmitted similarly by Masruq ad Yusuf b. Mihran on the authority of Ibn 'Abbas. This has been narrated by Yunus from al-Hasan from Abu Musa something similarly, saying that Abu Musa has done so.

Abu Dawud said: Abu Sa’id al-Khudri, Ibn al-Zubair and Ibn ‘Umar hold the opinion that whoever gets an odd number of the rak’ahs of prayer, he should perform two prostrations on account of forgetfulness.

The Messenger of Allah (saws) came to visit us in our house, and said: Peace and Allah's mercy be upon you! Sa'd returned the greeting in a lower tone.

Qays said: I said: Do you not grant permission to the Messenger of Allah (saws) to enter?

He said: Leave him, he will give us many greetings. The Messenger of Allah (saws) then said: Peace and Allah's mercy be upon you! Sa'd again responded in a lower tone. The Messenger of Allah (saws) again said: Peace and Allah's mercy be upon you! So the Messenger of Allah (saws) went away.

Sa'd went after him and said: Messenger of Allah! I heard your greetings and responded in a lower tone so that you might give us many greetings. The Messenger of Allah (saws) returned with him. Sa'd then offered to prepare bath-water for him, and he took a bath. He then gave him a long wrapper dyed with saffron or wars and he wrapped himself in it.

The Messenger of Allah (saws) then raised his hands and said: O Allah, bestow Thy blessings and mercy on the family of Sa'd ibn Ubadah! The Messenger of Allah (saws) then shared their meals.

When he intended to return, Sa'd brought near him an ass which was covered with a blanket. The Messenger of Allah (saws) mounted it.

Sa'd said: O Qays, accompany the Messenger of Allah. Qays said: The Messenger of Allah (saws) said to me: Ride. But I refused. He again said: Either ride or go away. He said: So I went away.

Hisham said: AbuMarwan (transmitted) from Muhammad ibn AbdurRahman ibn As'ad ibn Zurarah.

Abu Dawud said: 'Umar b. 'Abd al-Wahid and Ibn Sama'ah transmitted it from al-Awzai' in mursal form (the ling of the Companion being missing), and they did not mention Qais b. Sa'd.

We were in the company of Abu Musa Al-Ash`ari and there were friendly relations between us and this tribe of Jarm. Abu Musa was presented with a dish containing chicken. Among the people there was sitting a red-faced man who did not come near the food. Abu Musa said (to him), "Come on (and eat), for I have seen Allah's Apostle eating of it (i.e. chicken)." He said, "I have seen it eating something (dirty) and since then I have disliked it, and have taken an oath that I shall not eat it ' Abu Musa said, "Come on, I will tell you (or narrate to you). Once I went to Allah s Apostle with a group of Al-Ash`ariyin, and met him while he was angry, distributing some camels of rak`at. We asked for mounts but he took an oath that he would not give us any mounts, and added, 'I have nothing to mount you on' In the meantime some camels of booty were brought to Allah's Apostle and he asked twice, 'Where are Al-Ash`ariyin?" So he gave us five white camels with big humps. We stayed for a short while (after we had covered a little distance), and then I said to my companions, "Allah's Apostle has forgotten his oath. By Allah, if we do not remind Allah's Apostle of his oath, we will never be successful." So we returned to the Prophet and said, "O Allah's Apostle! We asked you for mounts, but you took an oath that you would not give us any mounts; we think that you have forgotten your oath.' He said, 'It is Allah Who has given you mounts. By Allah, and Allah willing, if I take an oath and later find something else better than that. then I do what is better and expiate my oath.' "

That he had asked `Aisha about the meaning of the Statement of Allah: "If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (Other) women of your choice Two or three or four." (4.3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4.127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

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

The Messenger of Allah (saws) gave him that wood as a protected land.

When Umar ibn al-Khattab succeeded, Sufyan ibn Wahb wrote to Umar asking him about this wood. Umar ibn al-Khattab wrote to him: If he (Hilal) pays you the tithe on honey what he used to pay to the Messenger of Allah (saws), leave the protected land of Salabah in his possession; otherwise those bees are like those of any wood; anyone can take the honey as he likes.

When this verse was revealed: "And those who hoard gold and silver," the Muslims were grieved about it. Umar said: I shall dispel your care. He, therefore, went and said: Prophet of Allah, your Companions were grieved by this verse. The Messenger of Allah (saws) said: Allah has made zakat obligatory simply to purify your remaining property, and He made inheritances obligatory that they might come to those who survive you. Umar then said: Allah is most great. He then said to him: Let me inform you about the best a man hoards; it is a virtuous woman who pleases him when he looks at her, obeys him when he gives her a command, and guards his interests when he is away from her.

She said: AbuMa'qil accompanied the Messenger of Allah (saws) during hajj. When he came (to her) she said: You know that hajj is incumbent on me. They walked until they visited him (i.e. the Prophet) and she asked (him): Messenger of Allah, hajj is due from me, and AbuMa'qil has a camel.

AbuMa'qil said: She spoke the truth, I have dedicated it to the cause of Allah.

The Messenger of Allah (saws) said: Give it to her, that is in the cause of Allah. So he gave the camel to her.

She then said: Messenger of Allah, I am a woman who has become aged and ill. Is there any action which would be sufficient for me as my hajj?

He replied: umrah performed during Ramadan is sufficient as hajj.

The Prophet (saws) said: If anyone gives as a dower to his wife two handfuls of flour or dates he has made her lawful for him.

AbuDawud said: This tradition has been narrated by Abdur Rahman ibn Mahdi, from Salih ibn Ruman, from Abu al-Zubayr on the authority of Jabir as his own statement (not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said: During the lifetime of the Messenger of Allah (saws) we used to contract temporary marriage for a handful of grain.

Abu Dawud said: This tradition has also been transmitted by Ibn Juraij from Abu al-Zubair on the authority of Jabir similar to the one narrated by Abu 'Asim.

The Messenger of Allah (saws) said: Gold is to be paid for with gold, raw and coined, silver with silver, raw and coined (in equal weight), wheat with wheat in equal measure, barley with barley in equal measure, dates with dates in equal measure, salt by salt with equal measure; if anyone gives more or asks more, he has dealt in usury. But there is no harm in selling gold for silver and silver (for gold), in unequal weight, payment being made on the spot. Do not sell them if they are to be paid for later. There is no harm in selling wheat for barley and barley (for wheat) in unequal measure, payment being made on the spot. If the payment is to be made later, then do not sell them.

Abu Dawud said: This tradition has also been transmitted by Sa'id b. Abi 'Arubah, Hisham al-Dastawa'i and Qatadah from Muslim b. Yasar through his chain.