Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two men brought a dispute to the Messenger of Allah, may Allah bless him and grant him peace. One of them said, "Messenger of Allah! Judge between us by the Book of Allah!" The other said, and he was the wiser of the two, "Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak." He said, "Speak." He said, "My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned." The Messenger of Allah, may Allah bless him and grant him peace, said, "By him in whose Hand myself is, I will judge between you by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year." He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed . She confessed and he stoned her.

The Jews brought to the Prophet a man and a woman from among them who had committed illegal sexual intercourse. The Prophet said to them, "How do you usually punish the one amongst you who has committed illegal sexual intercourse?" They replied, "We blacken their faces with coal and beat them," He said, "Don't you find the order of Ar-Rajm (i.e. stoning to death) in the Torah?" They replied, "We do not find anything in it." `Abdullah bin Salam (after hearing this conversation) said to them. "You have told a lie! Bring here the Torah and recite it if you are truthful." (So the Jews brought the Torah). And the religious teacher who was teaching it to them, put his hand over the Verse of Ar- Rajm and started reading what was written above and below the place hidden with his hand, but he did not read the Verse of Ar-Rajm. `Abdullah bin Salam removed his (i.e. the teacher's) hand from the Verse of Ar-Rajm and said, "What is this?" So when the Jews saw that Verse, they said, "This is the Verse of Ar-Rajm." So the Prophet ordered the two adulterers to be stoned to death, and they were stoned to death near the place where biers used to be placed near the Mosque. I saw her companion (i.e. the adulterer) bowing over her so as to protect her from the stones.

That Najdah Al-Haruri wrote to Ibn 'Abbas asking if the Messenger of Allah (saws) would fight along with women, and if he would fix a share of the spoils of war for them. Ibn 'Abbas wrote to him: "You wrote to me asking me if the Messenger of Allah (saws) would fight along with women. He did fight along with them, as they would treat the wounded. They received something from the spoils of war, but as for their share, then he did not fix a share for them."

There is something on this topic from Anas and Umm 'Atiyyah.

This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge. It is the view of Sufyan Ath-Thawri and Ash-Shafi'i. Some of them said that a share is given to the woman and the boy, and this is the view of Al-Awza'i.

Al-Awza'i said: The Prophet (saws) gave a portion to the boys at Khaibar, and the Aimmah of the Muslims gave a portion to every child born in the land of war." Al-Awza'i said: "The Prophet (saws) gave a portion to the women at Khaibar, and that was followed by the Muslims after him." This was narrated to us by 'Ali bin Khashram (who said): "'Eisa bin Yunus narrated this to us from Al-Awza'i."

The meaning of his saying: "They received something from the spoils of war" it is said that he conferred something on them (the women) from the spoils of war.

An Ansari woman who gave the pledge of allegiance to the Prophet that the Ansar drew lots concerning the dwelling of the Emigrants. `Uthman bin Maz'un was decided to dwell with them (i.e. Um Al-`Ala's family), `Uthman fell ill and I nursed him till he died, and we covered him with his clothes. Then the Prophet came to us and I (addressing the dead body) said, "O Abu As-Sa'ib, may Allah's Mercy be on you! I bear witness that Allah has honored you." On that the Prophet said, "How do you know that Allah has honored him?" I replied, "I do not know. May my father and my mother be sacrificed for you, O Allah's Apostle! But who else is worthy of it (if not `Uthman)?" He said, "As to him, by Allah, death has overtaken him, and I hope the best for him. By Allah, though I am the Apostle of Allah, yet I do not know what Allah will do to me," By Allah, I will never assert the piety of anyone after him. That made me sad, and when I slept I saw in a dream a flowing stream for `Uthman bin Maz'un. I went to Allah's Apostle and told him of it. He remarked, "That symbolizes his (good) deeds."

The Messenger of Allah (saws) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.

The Messenger of Allah (saws) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her.

Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah.

Al-Miqdam ibn Shurayh, quoting his father, said: I asked Aisha about living in the desert. She said: The Messenger of Allah (saws) used to go to the desert to these rivulets. Once he intended to go to the desert and he sent to me a she-camel from the camel of sadaqah which had not been used for riding so far. He said to me: Aisha! show gentleness, for if gentleness is found in anything, it beautifies it and when it is taken out from anything it damages it.

Ibn al-Sabbah said in his version: Muharramah means a mount which has not been used for riding.

Abu Dawud said: I read out this tradition to Yazid bin 'Abd Rabbihi al-Jurjisi. Muhammad bin Hard told you this tradition from al-Zabidi from al-Zuhri through his chain of narrators. This version added: Bit' is the nabidh from honey, which the people of the Yemen would drink.

Abu Dawud said: I heard Ahmad bin Hanbal say: There is no god but Allah. there was none stronger in memory and like al-Jurjisi among the people of Hims.

Abu Dawud said: Malik was asked about the saying of the Prophet: "Provisions for the road what will serve for a day a night." He said: He should honor him, present him some gift, and protect him for a day and night, and hospitality for three days.

Yahya related to me from Malik from Yahya ibn Said that a man said to Abu Musa al-Ashari, "I drank some milk from my wife's breasts and it went into my stomach." Abu Musa said, "I can only but think that she is haram for you." Abdullah ibn Masud said, "Look at what opinion you are giving the man." Abu Musa said, "Then what do you say?" Abdullah ibn Masud said, "There is only kinship by suckling in the first two years."

Abu Musa said, "Do not ask me about anything while this learned man is among you."

Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."

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 said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."

Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."

Yahya said that Malik said, "This is the best of what I have heard on the matter.''

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If Allah loves a slave, he says to Jibril, 'I love so-and-so, so love him,' so Jibril loves him and then calls out to the people of heaven, 'Allah loves so-and-so, so love him,' and the people of heaven love him, and then acceptance is placed in the Earth for him." When Allah is angry with a slave, Malik said, "I consider that he says the like of that about His anger."

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "I understood from people that when they made the kaffara for a broken oath, they gave a mudd of wheat according to the smaller mudd. They thought that that would compensate for them."

Malik said, "The best of what I have heard about the one who does kaffara for breaking his oath by clothing people is that if he clothes men he clothes them each in one garment. If he clothes women, he clothes them each in two garments, a long shift and a long scarf, because that is what is satisfactory for each of them in the prayer."

I asked Al-Aswad, "Did you ask `Aisha, Mother of the Believers, about the containers in which it is disliked to prepare (non-alcoholic) drinks?" He said, "Yes, I said to her, 'O Mother of the Believers! What containers did the Prophet forbid to use for preparing (non-alcoholic) drinks?" She said, 'The Prophet forbade us, (his family), to prepare (nonalcoholic) drinks in Ad-Dubba and Al-Muzaffat.' I asked, 'Didn't you mention Al Jar and Al Hantam?' She said, 'I tell what I have heard; shall I tell you what I have not heard?' "

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

`Umar saw a silk suit being sold, so he said, "O Allah's Apostle! Why don't you buy it so that you may wear it when delegates come to you, and also on Fridays?" The Prophet said, "This is worn only by him who has no share in the Hereafter." Afterwards the Prophet sent to `Umar a silk suit suitable for wearing. `Umar said to the Prophet, "You have given it to me to wear, yet I have heard you saying about it what you said?" The Prophet said, "I sent it to you so that you might either sell it or give it to somebody else to wear."

(the wife of the Prophet) I bought a cushion having pictures on it. When Allah's Apostle saw it, he stopped at the gate and did not enter. I noticed the signs of hatred (for that) on his face! I said, "O Allah's Apostle! I turn to Allah and His Apostle in repentance! What sin have I committed?" He said, "What about this cushion?" I said, 'I bought it for you to sit on and recline on." Allah's Apostle said, "The makers of these pictures will be punished (severely) on the Day of Resurrection and it will be said to them, 'Make alive what you have created.'" He added, "Angels do not enter a house in which there are pictures."

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

The Prophet said, "Whoever has eaten garlic or onion, should keep away from us, or should keep away from our mosque and should stay at home." Ibn Wahb said, "Once a plate full of cooked vegetables was brought to the Prophet at Badr. Detecting a bad smell from it, he asked about the dish and was informed of the kinds of vegetables in contained. He then said, "Bring it near," and so it was brought near to one of his companions who was with him. When the Prophet saw it, he disliked eating it and said (to his companion), "Eat, for I talk in secret to ones whom you do not talk to."

While I was walking with Allah's Apostle in one of the fields of Medina and he was walking leaning on a stick, he passed a group of Jews. Some of them said to the others, "Ask him (the Prophet) about the spirit." Others said, "Do not ask him." But they asked him and he stood leaning on the stick and I was standing behind him and I thought that he was being divinely inspired. Then he said, "They ask you concerning the spirit say: The spirit, its knowledge is with My Lord. And of knowledge you (O men!) have been given only a little." ...(17.85) On that some of the Jews said to the others, "Didn't we tell you not to ask?"

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that on one occasion A'isha, the wife of the Prophet, may Allah bless him and grant him peace, was sleeping with the Messenger of Allah, may Allah bless him and grant him peace, in one garment, when suddenly she jumped up sharply. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "What's the matter with you? Are you losing blood?", meaning menstruating. She said, "Yes." He said, "Wrap your waist-wrapper tightly about you, and return to your sleeping- place."

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the call to prayer is made Shaytan retreats, passing wind, so that he will not hear the adhan. When the adhan is completed he comes back, until, when the iqama is said, he retreats again. When the iqama is completed, he comes back, until he comes between a man and his self and says, 'Think of such and such, think of such and such,' which he was not thinking about before, until the man does not know how much he has prayed."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "No-one should leave the hajj until he has done tawaf of the House, and tawaf of the House is the final rite."

Malik said, commenting about Umar ibn al-Khattab's saying 'tawaf of the House is the final rite,' "In our opinion, and Allah knows best, that is because Allah, the Blessed and Exalted, says, 'Whoever exalts the rituals of Allah - that is from the taqwa of the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place (of sacrifice) is at the Ancient House,' and the place of all the rituals and where they end is therefore at the Ancient House."

Yahya related to me from Malik from Ayyub ibn Musa from Mansur ibn Abd ar-Rahman al-Hajabi from his mother that A'isha, umm al- muminin, may Allah be pleased with her, was asked about a man who devoted his property to the door of Kaba. She said, "Let him do kaffara for it with the kaffara of the oath."

Malik said, that someone who devoted all his property in the way of Allah, and then broke his oath, should put a third of his property in the way of Allah, as that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the case of Abu Lubaba.

While I was going to help this man ('Ali Ibn Abi Talib), Abu Bakra met me and asked, "Where are you going?" I replied, "I am going to help that person." He said, "Go back for I have heard Allah's Apostle saying, 'When two Muslims fight (meet) each other with their swords, both the murderer as well as the murdered will go to the Hell-fire.' I said, 'O Allah's Apostle! It is all right for the murderer but what about the murdered one?' Allah's Apostle replied, "He surely had the intention to kill his companion."

Anas bin Malik Al-Ansari, told me, "Abu Bakr used to lead the people in prayer during the fatal illness of the Prophet till it was Monday. When the people aligned (in rows) for the prayer the Prophet lifted the curtain of his house and started looking at us and was standing at that time. His face was (glittering) like a page of the Qur'an and he smiled cheerfully. We were about to be put to trial for the pleasure of seeing the Prophet, Abu Bakr retreated to join the row as he thought that the Prophet would lead the prayer. The Prophet beckoned us to complete the prayer and he let the curtain fall. On the same day he died."

The Prophet once passed by two graves, and those two persons (in the graves) were being tortured. He said, "They are being tortured not for a great thing (to avoid). One of them never saved himself from being soiled with his urine, while the other went about committing slander (to make enmity between friends). He then took a green leaf of a date-palm tree split it into two pieces and fixed one on each grave. The people said, "O Allah's Apostle! Why have you done so?" He replied, "I hope that their punishment may be lessened till they (the leaf) become dry."

The clerk of Al-Mughira bin Shu`ba narrated, "Muawiya wrote to Al-Mughira bin Shu`ba: Write to me something which you have heard from the Prophet (p.b.u.h) ." So Al-Mughira wrote: I heard the Prophet saying, "Allah has hated for you three things: -1. Vain talks, (useless talk) that you talk too much or about others. -2. Wasting of wealth (by extravagance) -3. And asking too many questions (in disputed religious matters) or asking others for something (except in great need). (See Hadith No. 591, Vol. Ill)

That the Prophet (saws) said: "Shall I not inform you of the best of the people ? A man who takes hold of the reins of his horse in Allah's cause. Shall I not inform you of the one who comes after him ? The man who secludes himself from the people with a small group of sheep of his, thereby fulfilling Allah's right. Shall I not inform you about the worst of the people ? A man who is asked by (the Name of) Allah, but not given by Him."

[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. This Hadith has been reported through other routes from Ibn 'Abbas, from the Prophet (saws).

the freed salve of Muhammad bin Al-Qasim said: "Muhammad bin Al-Qasim sent me to Al-Bara' bin 'Azib to ask him about the flag of the Messenger of Allah (saws). He said: 'It was a black square of Namirah.'"

[Abu 'Eisa said:] There are narrations on this topic from 'Ali, Al-Harith bin Hassan, and Ibn 'Abbas.

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we don know know of it except from the report of Ibn Abi Za'idah. And Abu Ya'qub Ath-Thaqafi's name is Ishaq bin Ibrahim. 'Ubaidullah bin Musa also reports from him.

From 'Ubaidullah bin 'Abdullah bin 'Utbah, that he entered upon Abu Talhah Al-Ansari to pay him a visit (while he was ill), and he found Sahl bin Hunaif with him. He said: "Abu Talhah called for someone to remove a sheet that was under him. Sahl said to him: 'Why did you remove it?' He replied: 'Because it contains images on it, and the Prophet (saws) said about them what you know.' Sahl said: 'Do he not say: Except for markings on a garment?' He said: 'Yes, but this is better to me.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Allah's Apostle said, "Both of them (Moses and Al-Khadir) proceeded on till they reached a wall which was about to fall." Sa`d said [?? or Sa`id], "(Al-Khadir pointed) with his hands (towards the wall) and then raised his hands and the wall became straightened up." Ya`la said, "I think Sa`id [?? or Sa`d] said, 'He (Khadir) passed his hand over it and it was straightened up." (Moses said to him), "if you had wanted, you could have taken wages for it." Sa`id [?? or Sa`d] said, "Wages with which to buy food . "

Allah's Apostle employed someone as a governor at Khaibar. When the man came to Medina, he brought with him dates called Janib. The Prophet asked him, "Are all the dates of Khaibar of this kind?" The man replied, "(No), we exchange two Sa's of bad dates for one Sa of this kind of dates (i.e. Janib), or exchange three Sa's for two." On that, the Prophet said, "Don't do so, as it is a kind of usury (Riba) but sell the dates of inferior quality for money, and then buy Janib with the money". The Prophet said the same thing about dates sold by weight. (See Hadith No. 506).

The Prophet asked me at sunset, "Do you know where the sun goes (at the time of sunset)?" I replied, "Allah and His Apostle know better." He said, "It goes (i.e. travels) till it prostrates Itself underneath the Throne and takes the permission to rise again, and it is permitted and then (a time will come when) it will be about to prostrate itself but its prostration will not be accepted, and it will ask permission to go on its course but it will not be permitted, but it will be ordered to return whence it has come and so it will rise in the west. And that is the interpretation of the Statement of Allah: "And the sun Runs its fixed course For a term (decreed). that is The Decree of (Allah) The Exalted in Might, The All- Knowing." (36.38)

That he heard the Prophet delivering a sermon on the pulpit saying, "Kill snakes and kill Dhu-at- Tufyatain (i.e. a snake with two white lines on its back) and Al-Abtar (i.e. a snake with short or mutilated tail) for they destroy the sight of one's eyes and bring about abortion." (`Abdullah bin `Umar further added): Once while I was chasing a snake in order, to kill it, Abu Lubaba called me saying: "Don't kill it," I said. "Allah's Apostle ordered us to kill snakes." He said, "But later on he prohibited the killing of snakes living in the houses." (Az-Zuhri said. "Such snakes are called Al-Awamir.")

The Prophet burnt the date-palm trees of Bani An-Nadir. Hassan bin Thabit said the following poetic Verses about this event:-- "the terrible burning of Al-Buwaira Has been received indifferently By the nobles of Bani Luai (The masters and nobles of Quraish)." Abu Sufyan bin Al-Harith (i.e. the Prophet's cousin who was still a disbeliever then) replied to Hassan, saying in poetic verses:-- "May Allah bless that burning And set all its (i.e. Medina's) Parts on burning fire. You will see who is far from it (i.e. Al-Buwaira) And which of our lands will be Harmed by it (i.e. the burning of Al- Buwaira).