Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

Yahya related to me from Malik from Nafi and Zayd ibn Aslam from Sulayman ibn Yasar that al-Ahwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Muawiya ibn Abi Sufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him, "When she began her third period, she was free from him and he was free from her, and he does not inherit from her nor she from him."

Ikrimah reported on the authority of Ibn Abbas, saying: I think the Messenger of Allah (saws) said: When one of you prays without a sutrah, a dog, an ass, a pig, a Jew, a Magian, and a woman cut off his prayer, but it will suffice if they pass in front of him at a distance of over a stone's throw.

Abu Dawud said: There is something about this tradition in my heart. I used to discuss it with Ibrahim and others. I did not find anyone who narrated it from Hisham and knew it. I did not know anyone who reported it from Hisham and knew it. I did not know anyone who related it from Hisham. I think the confusion is on the part of Ibn Abi Saminah that is, Muhammad b. Isma'il al-Basri, the freed slave of Banu Hisham. In this tradition the mention of words "a Magian" is rejected; the mention of the words "at a stone's throw" and "a pig" is rejected.

Abu Dawud said: I did not hear this tradition except from Muhammad b. Isma'il b. Samurrah and I think he was mistaken because he used to narrate to us from his memory.

Once I went to Abu- Sa`id Al-Khudri and asked him, "Won't you come with us to the date-palm trees to have a talk?" So Abu Sa`id went out and I asked him, "Tell me what you heard from the Prophet about the Night of Qadr." Abu Sa`id replied, "Once Allah's Apostle performed I`tikaf (seclusion) on the first ten days of the month of Ramadan and we did the same with him. Gabriel came to him and said, 'The night you are looking for is ahead of you.' So the Prophet performed the I`tikaf in the middle (second) ten days of the month of Ramadan and we too performed I`tikaf with him. Gabriel came to him and said, 'The night which you are looking for is ahead of you.' In the morning of the 20th of Ramadan the Prophet delivered a sermon saying, 'Whoever has performed I`tikaf with me should continue it. I have been shown the Night of "Qadr", but have forgotten its date, but it is in the odd nights of the last ten nights. I saw in my dream that I was prostrating in mud and water.' In those days the roof of the mosque was made of branches of date-palm trees. At that time the sky was clear and no cloud was visible, but suddenly a cloud came and it rained. The Prophet led us in the prayer and I saw the traces of mud on the forehead and on the nose of Allah's Apostle. So it was the confirmation of that dream."

Zurarah ibn Awfa said that Aisha was asked about the midnight prayer of the Messenger of Allah (saws).

She said: He used to offer his night prayer in congregation and then return to his family (in his house) and pray four rak'ahs. Then he would go to his bed and sleep, but the water for his ablution was placed covered near his head and his tooth-stick was also kept there until Allah awakened him at night.

He then used the tooth-stick, performed ablution perfectly then came to the place of prayer and would pray eight rak'ahs, in which he would recite Surah al-Fatihah, and a surah from the Qur'an as Allah willed. He would not sit during any of them but sit after the eighth rak'ah, and would not utter the salutation, but recite (the Qur'an) during the ninth rak'ah. Then he would sit and supplicate as long as Allah willed, and beg Him and devote his attention to Him; He would utter the salutation once in such a loud voice that the inmates of the house were almost awakened by his loud salutation. He would then recite Surah al-Fatihah while sitting, bow while sitting, and then recite the Qur'an during the second rak'ah, and would bow and prostrate while sitting. He would supplicate Allah as long as He willed, then utter the salutation and turn away.

This amount of prayer of the Messenger of Allah (saws) continued till he put a weight. During that period he retrenched two rak'ahs from nine and began to pray six and seven rak'ahs standing and two rak'ahs sitting. This continued till he died.

Allah's Apostle said "We are the last (to come amongst the nations) but (will be) the foremost on the Day of Resurrection. They were given the Holy Scripture before us and we were given the Quran after them. And this was the day (Friday) about which they differed and Allah gave us the guidance (for that). So tomorrow (i.e. Saturday) is the Jews' (day), and the day after tomorrow (i.e. Sunday) is the Christians'." The Prophet (p.b.u.h) remained silent (for a while) and then said, "It is obligatory for every Muslim that he should take a bath once in seven days, when he should wash his head and body."

(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Apostle in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."

So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house.

Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection ...

Regarding the explanation of the following verse:-- "If a wife fears Cruelty or desertion On her husband's part." (4.128) A man may dislike his wife and intend to divorce her, so she says to him, "I give up my rights, so do not divorce me." The above verse was revealed concerning such a case.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father that in a letter which the Messenger of Allah, may Allah bless him and grant him peace, sent to Amr ibn Hazm about blood-money he wrote that it was one hundred camels for a life, one hundred camels for a nose if completely removed, a third of the blood-money for a wound in the brain, the same as that for a belly wound, fifty for an eye, fifty for a hand, fifty for a foot, ten camels for each finger, and five for teeth, and five for a head wound which laid bare the bone.

Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.

Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."

Allah's Apostle said, "A man who never did any good deed, said that if he died, his family should burn him and throw half the ashes of his burnt body in the earth and the other half in the sea, for by Allah, if Allah should get hold of him, He would inflict such punishment on him as He would not inflict on anybody among the people. But Allah ordered the sea to collect what was in it (of his ashes) and similarly ordered the earth to collect what was in it (of his ashes). Then Allah said (to the recreated man ), 'Why did you do so?' The man replied, 'For being afraid of You, and You know it (very well).' So Allah forgave him."

I liked to enter the House (the Ka'bah) and pray therein. The Messenger of Allah (saws) caught me by hand and admitted me to al-Hijr. He then said: Pray in al-Hijr when you intend to enter the House (the Ka'bah), for it is a part of the House (the Ka'bah). Your people shortened it when they built the Ka'bah, and they took it out of the House.

Aisha said, "I went to Abu Bakr (during his fatal illness) and he asked me, 'In how many garments was the Prophet shrouded?' She replied, 'In three Suhuliya pieces of white cloth of cotton, and there was neither a shirt nor a turban among them.' Abu Bakr further asked her, 'On which day did the Prophet die?' She replied, 'He died on Monday.' He asked, 'What is today?' She replied, 'Today is Monday.' He added, 'I hope I shall die sometime between this morning and tonight.' Then he looked at a garment that he was wearing during his illness and it had some stains of saffron. Then he said, 'Wash this garment of mine and add two more garments and shroud me in them.' I said, 'This is worn out.' He said, 'A living person has more right to wear new clothes than a dead one; the shroud is only for the body's pus.' He did not die till it was the night of Tuesday and was buried before the morning."

We proceeded in the company of the Messenger of Allah (saws) for the battle of Dhat ar-Riqa. One of the Muslims killed the wife of one of the unbelievers. He (the husband of the woman killed) took an oath saying: I shall not rest until I kill one of the companions of Muhammad.

He went out following the footsteps of the Prophet (saws). The Prophet (saws) encamped at a certain place. He said: Who will keep a watch on us? A person from the Muhajirun (Emigrants) and another from the Ansar (Helpers) responded. He said: Go to the mouth of the mountain-pass. When they went to the mouth of the mountain-pass the man from the Muhajirun lay down while the man from the Ansar stood praying.

The man (enemy) came to them. When he saw the person he realised that he was the watchman of the Muslims. He shot him with an arrow and hit the target. But he (took the arrow out and) threw it away. He (the enemy) then shot three arrows. Then he (the Muslim) bowed and prostrated and awoke his companion. When he (the enemy) perceived that they (the Muslims) had become aware of his presence, he ran away.

When the man from the Muhajirun saw the (man from the Ansar) bleeding, he asked him: Glory be to Allah! Why did you not wake me up the first time when he shot at you.

He replied: I was busy reciting a chapter of the Qur'an. I did not like to leave it.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said "Whoever drinks wine in this world and does not turn from it in tawba, it is haram for him in the Next World."

Allah's Apostle said to me. "Will you relieve me from Dhi-al-Khalasa? " Dhi-al-Khalasa was an idol which the people used to worship and it was called Al-Ka`ba al Yamaniyya. I said, "O Allah's Apostle I am a man who can't sit firm on horses." So he stroked my chest (with his hand) and said, "O Allah! Make him firm and make him a guiding and well-guided man." So I went out with fifty (men) from my tribe of Ahrnas. (The sub-narrator, Sufyan, quoting Jarir, perhaps said, "I went out with a group of men from my nation.") and came to Dhi-al-Khalasa and burnt it, and then came to the Prophet and said, "O Allah's Apostle! I have not come to you till I left it like a camel with a skin disease." The Prophet then invoked good upon Ahmas and their cavalry (fighters).

The Prophet (saws) said: If anyone sits at a place where he does not remember Allah, deprivation will descend on him from Allah; and if he lies at a place where he does not remember Allah, deprivation will descend on him from Allah.

Yahya related to me the like of that from Malik from Ibn Shihab.

Malik said, about a slave who divorced a slave-girl but did not make it absolute, "He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave- girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman."

Malik said, "That is what is done among us."

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

While I was at home, the sun rose high and it got hot. Suddenly the messenger of `Umar bin Al- Khattab came to me and said, "The chief of the believers has sent for you." So, I went along with him till I entered the place where `Umar was sitting on a bedstead made of date-palm leaves and covered with no mattress, and he was leaning over a leather pillow. I greeted him and sat down. He said, "O Mali! Some persons of your people who have families came to me and I have ordered that a gift should be given to them, so take it and distribute it among them." I said, "O chief of the believers! I wish that you order someone else to do it." He said, "O man! Take it." While I was sitting there with him, his doorman Yarfa' came saying, "`Uthman, `Abdur-Rahman bin `Auf, Az-Zubair and Sa`d bin Abi Waqqas are asking your permission (to see you); may I admit them?" `Umar said, "Yes", So they were admitted and they came in, greeted him, and sat down. After a while Yarfa' came again and said, "May I admit `Ali and `Abbas?" `Umar said, "yes." So, they were admitted and they came in and greeted (him) and sat down. Then `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali)." They had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai. The group (i.e. `Uthman and his companions) said, "O chief of the believers! Judge between them and relieve both of them front each other." `Umar said, "Be patient! I beseech you by Allah by Whose Permission the Heaven and the Earth exist, do you know that Allah's Apostle said, 'Our (i.e. prophets') property will not be inherited, and whatever we leave, is Sadaqa (to be used for charity),' and Allah's Apostle meant himself (by saying "we'')?" The group said, "He said so." `Umar then turned to `Ali and `Abbas and said, "I beseech you by Allah, do you know that Allah's Apostle said so?" They replied, " He said so." `Umar then said, "So, I will talk to you about this matter. Allah bestowed on His Apostle with a special favor of something of this Fai (booty) which he gave to nobody else." `Umar then recited the Holy Verses: "What Allah bestowed as (Fai) Booty on his Apostle (Muhammad) from them --- for this you made no expedition with either cavalry or camelry: But Allah gives power to His Apostles over whomever He will 'And Allah is able to do all things." 9:6) `Umar added "So this property was especially given to Allah's Apostle, ...

Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sa`d, the brother of Bani Sa`idi He said, "An Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah revealed concerning his affair what is mentioned in the Holy Qur'an about the affair of those involved in a case of Lian. The Prophet said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the mosque while I was present there. When they had finished, the man said, "O Allah's Apostle! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah's Apostle ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet ." Ibn Shihab added, "After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother's name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him." Ibn Shihab said that Sahl bin Sa`d As'Saidi said that the Prophet said (in the above narration), "If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then she delivered it in the shape one would dislike (as it proved her guilty).

I asked Abu Sa`id, and he was a friend of mine, (about the Night of Qadr) and he said, "We practiced I`tikaf (seclusion in the mosque) in the middle third of the month of Ramadan with the Prophet . In the morning of the 20th of Ramadan, the Prophet came and addressed us and said, 'I was informed of (the date of the Night of Qadr) but I was caused to forget it; so search for it in the odd nights of the last ten nights of the month of Ramadan. (In the dream) I saw myself prostrating in mud and water (as a sign). So, whoever was in I`tikaf with me should return to it with me (for another 10-day's period)', and we returned. At that time there was no sign of clouds in the sky but suddenly a cloud came and it rained till rainwater started leaking through the roof of the mosque which was made of date-palm leaf stalks. Then the prayer was established and I saw Allah's Apostle prostrating in mud and water and I saw the traces of mud on his forehead."

Abu Dawud said: Shu’bah transmitted from Salamah b. Kuhail, from Ibrahim b. Suwaid, saying: from the evil of old age. He did not mention the evil of disbelief.

[Al-Bukhari and Muslim].

Makhul said: I was the slave of a woman of Banu Hudhayl; afterwards she emancipated me. I did not leave Egypt until I had acquired all the knowledge that seemed to me to exist there.

I then came to al-Hijaz and I did not leave it until I had acquired all the knowledge that seemed to be available.

Then I came to al-Iraq, and I did not leave it until I had acquired all the knowledge that seemed to be available.

I then came to Syria, and besieged it. I asked everyone about giving rewards from the booty. I did not find anyone who could tell me anything about it.

I then met an old man called Ziyad ibn Jariyah at-Tamimi. I asked him: Have you heard anything about giving rewards from the booty? He replied: Yes. I heard Maslamah al-Fihri say: I was present with the Prophet (saws).

He gave a quarter of the spoils on the outward journey and a third on the return journey.

Allah's Apostle said, "When (Allah's) slave is put in his grave and his companions return and he even hears their footsteps, two angels come to him and make him sit and ask, 'What did you use to say about this man (i.e. Muhammad)?' The faithful Believer will say, 'I testify that he is Allah's slave and His Apostle.' Then they will say to him, 'Look at your place in the Hell Fire; Allah has given you a place in Paradise instead of it.' So he will see both his places." (Qatada said, "We were informed that his grave would be made spacious." Then Qatada went back to the narration of Anas who said;) Whereas a hypocrite or a non-believer will be asked, "What did you use to say about this man." He will reply, "I do not know; but I used to say what the people used to say." So they will say to him, "Neither did you know nor did you take the guidance (by reciting the Qur'an)." Then he will be hit with iron hammers once, that he will send such a cry as everything near to him will hear, except Jinns and human beings. (See Hadith No. 422).

Abu Dawud said: ‘Uthman did not transmit the following words from Abu Mu’awiyah: “if anyone makes easy for an impoverished man”.

Allah's Apostle said, "When the people of Paradise have entered Paradise, and the people of the Fire have entered the Fire, Allah will say. 'Take out (of the Fire) whoever has got faith equal to a mustard seed in his heart.' They will come out, and by that time they would have burnt and became like coal, and then they will be thrown into the river of Al-Hayyat (life) and they will spring up just as a seed grows on the bank of a rainwater stream." The Prophet said, "Don't you see that the germinating seed comes out yellow and twisted?"

I asked Allah's Apostle about the plague. He said, "That was a means of torture which Allah used to send upon whom-so-ever He wished, but He made it a source of mercy for the believers, for anyone who is residing in a town in which this disease is present, and remains there and does not leave that town, but has patience and hopes for Allah's reward, and knows that nothing will befall him except what Allah has written for him, then he will get such reward as that of a martyr."

26 Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd alMalik, from Ubada ibn Nusayy from Qays ibn al Harith that Abu Abdullah as-Sunabihi said, "I arrived in Madina in the khalifate of Abu Bakr as-Siddiq, and I prayed maghrib behind him. He recited the umm al Qur'an and two suras from the shorter ones of the mufassal in the first two rakas. Then he stood up in the third and I drew so near to him that my clothes were almost touching his clothes. I heard him reciting the umm al-Qur'an and this ayat, 'Our Lord, do not make our hearts go astray after You have guided us, and give us mercy from Your presence. Surely You are the Giver. ' " (Sura 3 ayat 8)