108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''

Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

Malik related to me from Abd ar-Rahman ibn Muhammad ibn Abdullah ibn Abd al-Qari that his father said, "A man came to Umar ibn al- Khattab from Abu Musa al-Ashari. Umar asked after various people, and he informed him. Then Umar inquired, 'Do you have any recent news?' He said, 'Yes. A man has become a kafir after his Islam.' Umar asked, 'What have you done with him?' He said, 'We let him approach and struck off his head.' Umar said, 'Didn't you imprison him for three days and feed him a loaf of bread every day and call on him to tawba that he might turn in tawba and return to the command of Allah?' Then Umar said, 'O Allah! I was not present and I did not order it and I am not pleased since it has come to me!' "

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him."

Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

Malik related to me from Nafi from al-Qasim ibn Muhammad from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that she bought a cushion which had pictures on it. When the Messenger of Allah, may Allah bless him and grant him peace, saw it, he stopped at the door and did not enter. She recognised disapproval on his face and said, "Messenger of Allah, I turn in repentance to Allah and His Messenger. What have I done wrong?" The Messenger of Allah, may Allah bless him and grant him peace, said, "What is the meaning of this cushion?" She said, "I bought it for you to sit and recline on." The Messenger of Allah, may Allah bless him and grant him peace, said, "Those who make such pictures will be punished on the Day of Rising. It will be said to them, 'Bring to life what you have created'. Then he said, 'The angels do not enter a house in which there are pictures.' "

Yahya related to me from Malik from Da'ud ibn al-Husayn from Abu Sufyan, the mawla of Ibn Abi Ahmad, from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, allowed the produce of an ariya to be bartered for an estimation of what the produce would be when the crop was less than five awsuq or equal to five awsuq. Da'ud wasn't sure whether he said five awsuq or less than five.

Malik said, ''Ariyas can be sold for an estimation of what amount of dried dates will be produced. The crop is examined and estimated while still on the palm. This is allowed because it comes into the category of delegation of responsibility, handing over rights, and involving a partner. Had it been like a form of sale, no one would have made someone else a partner in the produce until it was ready nor would he have renounced his right to any of it or put someone in charge of it until the buyer had taken possession."

Allah's Apostle delivered a sermon and said, "O people! You will be gathered before Allah barefooted, naked and not circumcised." Then (quoting Qur'an) he said:-- "As We began the first creation, We shall repeat it. A promise We have undertaken: Truly we shall do it.." (21.104) The Prophet then said, "The first of the human beings to be dressed on the Day of Resurrection, will be Abraham. Lo! Some men from my followers will be brought and then (the angels) will drive them to the left side (Hell-Fire). I will say. 'O my Lord! (They are) my companions!' Then a reply will come (from Almighty), 'You do not know what they did after you.' I will say as the pious slave (the Prophet Jesus) said: And I was a witness over them while I dwelt amongst them. When You took me up. You were the Watcher over them and You are a Witness to all things.' (5.117) Then it will be said, "These people have continued to be apostates since you left them."

When the Verse:--'And warn your tribe of near-kindred, was revealed, the Prophet ascended the Safa (mountain) and started calling, "O Bani Fihr! O Bani `Adi!" addressing various tribes of Quraish till they were assembled. Those who could not come themselves, sent their messengers to see what was there. Abu Lahab and other people from Quraish came and the Prophet then said, "Suppose I told you that there is an (enemy) cavalry in the valley intending to attack you, would you believe me?" They said, "Yes, for we have not found you telling anything other than the truth." He then said, "I am a warner to you in face of a terrific punishment." Abu Lahab said (to the Prophet) "May your hands perish all this day. Is it for this purpose you have gathered us?" Then it was revealed: "Perish the hands of Abu Lahab (one of the Prophet's uncles), and perish he! His wealth and his children will not profit him...." (111.1-5)

One night I was with the Prophet on a journey. He asked (me), "Have you got water with you?" I replied, "Yes" So he got down from his she-camel and went away till he disappeared in the darkness of the night. Then he came back and I poured water for him from the pot (for the ablution). He washed his face and hands while he was wearing a woollen cloak (the sleeves of which were narrow), so he could not take his arms out of it. So he took them out from underneath the cloak. Then he washed his forearms and passed his wet hands over his head. Then I tried to take off his Khuffs (socks made from thick fabric or leather), but he said, "Leave them, for I have performed ablution before putting them on." And so he passed his wet hands over them.

Sahl bin Sa`d said that a woman brought a Burda (sheet) to the Prophet. Sahl asked the people, "Do you know what is a Burda?" The people replied, "It is a 'Shamla', a sheet with a fringe." That woman said, "O Allah's Apostle! I have brought it so that you may wear it." So the Prophet took it because he was in need of it and wore it. A man among his companions, seeing him wearing it, said, "O Allah's Apostle! Please give it to me to wear." The Prophet said, "Yes." (and gave him that sheet). When the Prophet left, the man was blamed by his companions who said, "It was not nice on your part to ask the Prophet for it while you know that he took it because he was in need of it, and you also know that he (the Prophet) never turns down anybody's request that he might be asked for." That man said, "I just wanted to have its blessings as the Prophet had put it on, so l hoped that I might be shrouded in it."

His uncle (Anas bin An-Nadr) was absent from the battle of Badr and he said, "I was absent from the first battle of the Prophet (i.e. Badr battle), and if Allah should let me participate in (a battle) with the Prophet, Allah will see how strongly I will fight." So he encountered the day of Uhud battle. The Muslims fled and he said, "O Allah ! I appeal to You to excuse me for what these people (i.e. the Muslims) have done, and I am clear from what the pagans have done." Then he went forward with his sword and met Sad bin Mu'adh (fleeing), and asked him, "Where are you going, O Sad? I detect a smell of Paradise before Uhud." Then he proceeded on and was martyred. No-body was able to recognize him till his sister recognized him by a mole on his body or by the tips of his fingers. He had over 80 wounds caused by stabbing, striking or shooting with arrows.

"Hint your intention of marrying' is made by saying (to the widow) for example: "I want to marry, and I wish that Allah will make a righteous lady available for me.' " Al-Qasim said: One may say to the widow: 'I hold all respect for you, and I am interested in you; Allah will bring you much good, or something similar 'Ata said: One should hint his intention, and should not declare it openly. One may say: 'I have some need. Have good tidings. Praise be to Allah; you are fit to remarry.' She (the widow) may say in reply: I am listening to what you say,' but she should not make a promise. Her guardian should not make a promise (to somebody to get her married to him) without her knowledge. But if, while still in the Iddat period, she makes a promise to marry somebody, and he ultimately marries her, they are not to be separated by divorce (i.e., the marriage is valid).

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab had heard in a letter from Iraq that a man said to his wife, "Your rein is on your withers (i.e. you have free rein)." Umar ibn al-Khattab wrote to his governor to order the man to come to him at Makka at the time of hajj. While Umar was doing tawaf around the House, a man met him and greeted him. Umar asked him who he was, and he replied that he was the man that he had ordered to be brought to him. Umar said to him, "I ask you by the Lord of this building, what did you mean by your statement, 'Your rein is on your withers.'?" The man replied, "Had you made me swear by other than this place, I would not have told you the truth. I intended separation by that." Umar ibn al- Khattab said, "It is what you intended."

Once Allah's Apostle went out to the Musalla (to offer the prayer) of `Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle ?" He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said, "Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."

Allah's Apostle entered the mosque and a person followed him. The man prayed and went to the Prophet and greeted him. The Prophet returned the greeting and said to him, "Go back and pray, for you have not prayed." The man went back prayed in the same way as before, returned and greeted the Prophet who said, "Go back and pray, for you have not prayed." This happened thrice. The man said, "By Him Who sent you with the Truth, I cannot offer the prayer in a better way than this. Please, teach me how to pray." The Prophet said, "When you stand for Prayer say Takbir and then recite from the Holy Qur'an (of what you know by heart) and then bow till you feel at ease. Then raise your head and stand up straight, then prostrate till you feel at ease during your prostration, then sit with calmness till you feel at ease (do not hurry) and do the same in all your prayers.

Once the Prophet entered the mosque, a man came in, offered the prayer and greeted the Prophet. The Prophet returned his greeting and said to him, "Go back and pray again for you have not prayed." The man offered the prayer again, came back and greeted the Prophet. He said to him thrice, "Go back and pray again for you have not prayed." The man said, "By Him Who has sent you with the truth! I do not know a better way of praying. Kindly teach Me how to pray." He said, "When you stand for the prayer, say Takbir and then recite from the Qur'an what you know and then bow with calmness till you feel at ease, then rise from bowing till you stand straight. Afterwards prostrate calmly till you feel at ease and then raise (your head) and sit with Calmness till you feel at ease and then prostrate with calmness till you feel at ease in prostration and do the same in the whole of your prayer."

`Abdullah (bin `Abdullah) bin `Umar said to his father, "Stay here, for I am afraid that it (affliction between Ibn Zubair and Al-Hajjaj) might prevent you from reaching the Ka`ba." Ibn `Umar said, "(In this case) I would do the same as Allah's Apostle did, and Allah has said, 'Verily, in Allah's Apostle, you have a good example (to follow).' So, I make you, people, witness that I have made `Umra compulsory for me." So he assumed lhram for `Umra. Then he went out and when he reached Al- Baida', he assumed Ihram for Hajj and `Umra (together) and said, "The conditions (requisites) of Hajj and `Umra are the same." He, then brought a Hadi from Qudaid. Then he arrived (at Mecca) and performed Tawaf (between Safa and Marwa) once for both Hajj and `Umra and did not finish the lhram till he had finished both Hajj and `Umra.

Once during the lifetime of Allah's Apostle, the people of Medina suffered from drought. So while the Prophet was delivering a sermon on a Friday a man got up saying, "O Allah's Apostle! The horses and sheep have perished. Will you invoke Allah to bless us with rain?" The Prophet lifted both his hands and invoked. The sky at that time was as clear as glass. Suddenly a wind blew, raising clouds that gathered together, and it started raining heavily. We came out (of the Mosque) wading through the flowing water till we reached our homes. It went on raining till the next Friday, when the same man or some other man stood up and said, "O Allah's Apostle! The houses have collapsed; please invoke Allah to withhold the rain." On that the Prophet smiled and said, "O Allah, (let it rain) around us and not on us." I then looked at the clouds to see them separating forming a sort of a crown round Medina.

When `Abdur-Rahman bin `Auf came to Medina and the Prophet established the bond of brotherhood between him and Sa`d bin Ar-Rabi-al-Ansari, Saud suggested that `Abdur-Rahman should accept half of his property and family. `Abdur Rahman said, "May Allah bless you in your family and property; guide me to the market." So `Abdur-Rahman (while doing business in the market) made some profit of some condensed dry yoghurt and butter. After a few days the Prophet saw him wearing clothes stained with yellow perfume. The Prophet asked, "What is this, O `Abdur-Rahman?" He said, "O Allah's Apostle! I have married an Ansar' woman." The Prophet asked, "What have you given her as Mahr?" He (i.e. `Abdur-Rahman) said, "A piece of gold, about the weight of a date stone." Then the Prophet said, Give a banquet, even though of a sheep."

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

I heard the Messenger of Allah (saws) say: Allah the Exalted has said: I am Compassionate, and this has been derived from mercy. I have derived its name from My name. If anyone joins it, I shall join him, and if anyone cuts it off, I shall cut him off.

The Prophet (saws) heard a man say: Labbayk (always ready to obey) on behalf of Shubrumah. He asked: Who is Shubrumah? He replied: A brother or relative of mine. He asked: Have you performed hajj on your own behalf? He said: No. He said: perform hajj on your own behalf, then perform it on behalf of Shubrumah.

I heard the Messenger of Allah (saws) say: The game of the land is lawful for you (when you are wearing ihram) as long as you do not hunt it or have it hunted on your behalf.

Abu Dawud said: When two traditions from the Prophet (saws) conflict, one should see which of them was followed by his Companions.

One should not exceed al-Mu'arras when one returns to Medina until one prays there as much as one wishes, for I have been informed that the Messenger of Allah (saws) halted there at night.

Abu Dawud said: I heard Muhammad b. Ishaq al-Madini say: Al-Mu'arras lies at a distance of six miles from Medina.

The Prophet (saws) appointed me to collect sadaqah and then said: Go, AbuMas'ud, I should not find you on the Day of Judgment carrying a camel of sadaqah on your back, which rumbles, the one you have taken by unfaithful dealing in sadaqah. He said: If it is so, I will not go. He said: Then I do not force you.

A man came to the Prophet (saws) and said: Messenger of Allah, I have property and children, and my father finishes my property. He replied; You and your property belong to your father; your children come from the pleasantest of what you earn; so enjoy from the earning of your children.

The Prophet (saws) said: A man from the Illiyyun will look downwards at the people of Paradise and Paradise will be glittering as if it were a brilliant star.

He (the narrator) said: In this way the word durri (brilliant) occurs in this tradition, i.e. the letter dal (d) has short vowel u and it has no hamzah ('). AbuBakr and Umar will be of them and will have some additional blessings.

The Prophet (saws) said to Ma'iz ibn Malik: Perhaps you kissed, or squeezed, or looked. He said: No. He then said: Did you have intercourse with her? He said: Yes. On the (reply) he (the Prophet) gave order that he should be stoned to death. The narrator did not mention "on the authority of Ibn 'Abbas". This is Wahb's version.

The Prophet (saws) said: I and a woman whose cheeks have become black shall on the Day of Resurrection be like these two (pointing to the middle and forefinger), i.e. a woman of rank and beauty who has been bereft of her husband and devotes herself to her fatherless children till they go their separate ways or die.