Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

I met Bilal, the Mu'adhdhin of the Messenger of Allah (saws) at Aleppo, and said: Bilal, tell me, what was the financial position of the Messenger of Allah (saws)?

He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (saws) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him.

A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants.

When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Messenger of Allah (saws) returned to his family. I sought permission from him and he gave me permission.

I said: Messenger of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (saws) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way.

All of a sudden I saw a man running towards me and calling: Bilal, return to the Messenger of Allah (saws). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission.

The Messenger of Allah (saws) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground?

I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so.

He then mentioned the rest of the tradition. I then went to the mosque and found that the Messenger of Allah (saws) was sitting there. I greeted him.

He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Messenger of Allah (saws). Nothing remains now.

He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Messenger of Allah (saws) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)?

I said: I still have it, no one came to me. The Messenger of Allah (saws) passed the night in the mosque.

He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)?

I replied: Allah has given you comfort from it, Messenger of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.

AbdulMuttalib ibn Rabi'ah ibn al-Harith said that his father, Rabi'ah ibn al-Harith, and Abbas ibn al-Muttalib said to AbdulMuttalib ibn Rabi'ah and al-Fadl ibn Abbas: Go to the Messenger of Allah (saws) and tell him: Messenger of Allah, we are now of age as you see, and we wish to marry. Messenger of Allah, you are the kindest of the people and the most skilled in matchmaking. Our fathers have nothing with which to pay our dower. So appoint us collector of sadaqah (zakat), Messenger of Allah, and we shall give you what the other collectors give you, and we shall have the benefit accruing from it. Ali came to us while we were in this condition.

He said: The Messenger of Allah (saws) said: No, I swear by Allah, he will not appoint any of you collector of sadaqah (zakat).

Rabi'ah said to him: This is your condition; you have gained your relationship with the Messenger of Allah (saws) by marriage, but we did not grudge you that. Ali then put his cloak on the earth and lay on it.

He then said: I am the father of Hasan, the chief. I swear by Allah, I shall not leave this place until your sons come with a reply (to the question) for which you have sent them to the Prophet (saws).

AbdulMuttalib said: So I and al-Fadl went towards the door of the apartment of the Prophet (saws). We found that the noon prayer in congregation had already started. So we prayed along with the people. I and al-Fadl then hastened towards the door of the apartment of the Prophet (saws). He was (staying) with Zaynab, daughter of Jahsh, that day. We stood until the Messenger of Allah (saws) came. He caught my ear and the ear of al-Fadl.

He then said: Reveal what you conceal in your hearts. He then entered and permitted me and al-Fadl (to enter). So we entered and for a little while we asked each other to talk. I then talked to him, or al-Fadl talked to him (the narrator, Abdullah was not sure).

He said: He spoke to him concerning the matter about which our fathers ordered us to ask him. The Messenger of Allah (saws) remained silent for a moment and raised his eyes towards the ceiling of the room. He took so long that we thought he would not give any reply to us. Meanwhile we saw that Zaynab was signalling to us with her hand from behind the veil, asking us not to be in a hurry, and that the Messenger of Allah (saws) was (thinking) about our matter.

The Messenger of Allah (saws) then lowered his head and said to us: This sadaqah (zakat) is a dirt of the people. It is legal neither for Muhammad nor for the family of Muhammad. Call Nawfal ibn al-Harith to me. So Nawfal ibn al-Harith was called to him.

He said: Nawfal, marry AbdulMuttalib (to your daughter). So Nawfal married me (to his daughter).

The Prophet (saws) then said: Call Mahmiyyah ibn Jaz'i to me. He was a man of Banu Zubayd, whom the Messenger of Allah (saws) had appointed collector of the fifths.

The Messenger of Allah (saws) said to Mahmiyyah: Marry al-Fadl (to your daughter). So he married him to her. The Messenger of Allah (saws) said: Stand up and pay the dower from the fifth so-and-so on their behalf. Abdullah ibn al-Harith did not name it (i.e. the amount of the dower).

I asked her: What is this? She replied: This belongs to Yuhannah. We then brought the case to Uthman (for a decision). I think Mahdi said these words. He inquired from both of them, and they acknowledged (the facts).

He then said to them: Do you agree that I take the decision about you, which the Messenger of Allah (saws) had taken? The Messenger of Allah (saws) decided that the child was to attributed to the one on whose bed it was born. And I think he said: He flogged her and flogged him, for they were slaves.

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.

There was a bedouin called AbuTha'labah. He said: Messenger of Allah, I have trained dogs, so tell me your opinion about (eating) the animal they hunt. The Prophet (saws) said: If you have trained dogs, then eat what they catch for you. He asked: Whether it is slaughtered or not? He replied: Yes. He asked: Does it apply even if it eats any of it? He replied: Even if it eats any of it. He again asked: Messenger of Allah, tell me your opinion about my bow (i.e. the game hunted by arrow). He said: Eat what your bow returns to you, whether it is slaughtered or not. He asked: If it goes out of my sight? He replied: Even if it goes out of your sight, provided it has no stench, or you find a mark on it other than the mark of your arrow.

He asked: Tell me about the use of the vessels of the Magians when we are forced to use them. He replied: Wash them and eat in them.

We went out with the Messenger of Allah (saws) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (saws) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (saws) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.

Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.

I, al-Abbas, Fatimah and Zayd ibn Harithah gathered with the Prophet (saws) and I said: Messenger of Allah, if you think to assign us our right (portion) in this fifth ( of the booty) as mentioned in the Book of Allah, and this I may divide during your lifetime so that no one may dispute me after you, then do it. He said: He did that. He said: I divided it during the lifetime of the Messenger of Allah (saws). AbuBakr then assigned it to me. During the last days of the caliphate of Umar a good deal of property came to him and took out our portion. I said to him: We are well to do this year; but the Muslims are needy, so return it to them. He, therefore, returned it to them. No one called me after Umar. I met al-Abbas when I came out from Umar. He said: Ali, today you have deprived us of a thing that will never be returned to us. He was indeed a man of wisdom.

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

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

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

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

While I was taking part in a Ghazwa. I heard `Abdullah bin Ubai (bin Abi Salul) saying. "Don't spend on those who are with Allah's Apostle, that they may disperse and go away from him. If we return (to Medina), surely, the more honorable will expel the meaner amongst them." I reported that (saying) to my uncle or to `Umar who, in his turn, informed the Prophet of it. The Prophet called me and I narrated to him the whole story. Then Allah's Apostle sent for `Abdullah bin Ubai and his companions, and they took an oath that they did not say that. So Allah's Apostle disbelieved my saying and believed his. I was distressed as I never was before. I stayed at home and my uncle said to me. "You just wanted Allah's Apostle to disbelieve your statement and hate you." So Allah revealed (the Sura beginning with) 'When the hypocrites come to you.' (63.1) The Prophet then sent for me and recited it and said, "O Zaid! Allah confirmed your statement."

My mother, Um Sulaim, took a Mudd of barley grain, ground it and made porridge from it, and pressed (over it), a butter skin she had with her. Then she sent me to the Prophet, and I reached him while he was sitting with his companions. I invited him, whereupon he said, "And those who are with me?' I returned and said, "He says, 'And those who are with me?" Abu Talha went out to him and said, "O Allah's Apostle! It is just a meal prepared by Um Sulaim." The Prophet entered and the food was brought to him. He said, "Let ten persons enter upon me." Those ten entered and ate their fill. Again he said, 'Let ten (more) enter upon me." Those ten entered and ate their fill. Then he said, "Let ten (more) enter upon me." He called forty persons in all Then Allah's Apostle ate and got up. I started looking (at the food) to see if it decreased or not.

When `Abdullah bin Ubdi (bin Salul) died, his son came to Allah's Apostle and said ' O Allah's Apostle, give me your shirt so that I may shroud my fathers body in it. And please offer a funeral prayer for him and invoke Allah for his forgiveness." The Prophet gave him his shirt and said to him 'Inform us when you finish (and the funeral procession is ready) call us. When he had finished he told the Prophet and the Prophet proceeded to order his funeral prayers but `Umar stopped him and said, "Didn't Allah forbid you to offer the funeral prayer for the hypocrites when He said: "Whether you (O Muhammad) ask forgiveness for them or ask not forgiveness for them: (and even) if you ask forgiveness for them seventy times. Allah will not forgive them." (9.80) Then there was revealed: "And never (O Muhammad) pray for any of them that dies, nor stand at his grave." (9.34) Thenceforth the Prophet did not offer funeral prayers for the hypocrites.

Mu`adh bin Jabal used to pray with the Prophet and then go to lead his people in prayer. Once he led the people in prayer and recited Surat-al-Baqara. A man left (the row of the praying people) and offered (light) prayer (separately) and went away. When Mu`adh came to know about it, he said. "He (that man) is a hypocrite." Later that man heard what Mu`adh said about him, so he came to the Prophet and said, "O Allah's Apostle! We are people who work with our own hands and irrigate (our farms) with our camels. Last night Mu`adh led us in the (night) prayer and he recited Sura-al-Baqara, so I offered my prayer separately, and because of that, he accused me of being a hypocrite." The Prophet called Mu`adh and said thrice, "O Mu`adh! You are putting the people to trials? Recite 'Washshamsi wad-uhaha' (91) or'Sabbih isma Rabbi ka-l-A'la' (87) or the like."

The Prophet appointed a man from the tribe of Bani Asad, called Ibn Al-Utabiyya to collect the Zakat. When he returned (with the money) he said (to the Prophet), "This is for you and this has been given to me as a gift." The Prophet stood up on the pulpit (Sufyan said he ascended the pulpit), and after glorifying and praising Allah, he said, "What is wrong with the employee whom we send (to collect Zakat from the public) that he returns to say, 'This is for you and that is for me?' Why didn't he stay at his father's and mother's house to see whether he will be given gifts or not? By Him in Whose Hand my life is, whoever takes anything illegally will bring it on the Day of Resurrection by carrying it over his neck: if it is a camel, it will be grunting: if it is a cow, it will be mooing: and if it is a sheep it will be bleating!" The Prophet then raised both his hands till we saw the whiteness of his armpits (and he said), "No doubt! Haven't I conveyed Allah's Message?" And he repeated it three times.

The Prophet (p.b.u.h) said, "Seven people will be shaded by Allah under His shade on the day when there will be no shade except His. They are: (1) a just ruler; (2) a young man who has been brought up in the worship of Allah, (i.e. worship Allah (Alone) sincerely from his childhood), (3) a man whose heart is attached to the mosque (who offers the five compulsory congregational prayers in the mosque); (4) two persons who love each other only for Allah's sake and they meet and part in Allah's cause only; (5) a man who refuses the call of a charming woman of noble birth for an illegal sexual intercourse with her and says: I am afraid of Allah; (6) a person who practices charity so secretly that his left hand does not know what his right hand has given (i.e. nobody knows how much he has given in charity). (7) a person who remembers Allah in seclusion and his eyes get flooded with tears."

Abdu Khayr said: Ali came upon us and he had already offered prayer. He called for water. We asked: What will you do with water when you have already offered prayer? - Perhaps to teach us. A utensil containing water and a wash-basin were brought (to him).

He poured water from the utensil on his right hand and washed both his hands three times, rinsed the mouth, snuffed up water and cleansed the nose three times. He then rinsed the mouth and snuffed up water with the same hand by which he took water. He then washed his face three times, and washed his right hand three times and washed his left hand three times. He then put his hand in water and wiped his head once.

He then washed his right foot thrice and left foot thrice, then said: If one is pleased to know the method of performing ablution of the Messenger of Allah, this is how he did it.

When the Prophet (saws) proceeded for the Battle of Badr, I said to him: Messenger of Allah allow me to accompany you in the battle. I shall act as a nurse for patients. It is possible that Allah might bestow martyrdom upon me. He said: Stay at your home. Allah, the Almighty , will bestow martyrdom upon you.

The narrator said: Hence she was called martyr. She read the Qur'an. She sought permission from the Prophet (saws) to have a mu'adhdhin in her house. He, therefore, permitted her (to do so).

She announced that her slave and slave-girl would be free after her death. One night they went to her and strangled her with a sheet of cloth until she died, and they ran away.

Next day Umar announced among the people, "Anyone who has knowledge about them, or has seen them, should bring them (to him)."

Umar (after their arrest) ordered (to crucify them) and they were crucified. This was the first crucifixion at Medina.

Anas ibn Hakim ad-Dabbi said that he feared Ziyad or Ibn Ziyad; so he came to Medina and met AbuHurayrah. He attributed his lineage to me and I became a member of his lineage.

AbuHurayrah said (to me): O youth, should I not narrate a tradition to you? I said: Why not, may Allah have mercy on you?

(Yunus (a narrator) said: I think he narrated it (the tradition) from the Prophet (saws):) The first thing about which the people will be called to account out of their actions on the Day of Judgment is prayer. Our Lord, the Exalted, will say to the angels - though He knows better: Look into the prayer of My servant and see whether he has offered it perfectly or imperfectly. If it is perfect, that will be recorded perfect.

If it is defective, He will say: See there are some optional prayers offered by My servant. If there are optional prayer to his credit, He will say: Compensate the obligatory prayer by the optional prayer for My servant. Then all the actions will be considered similarly.

Allah's Apostles said to me, "Will you relieve me from Dhul-Khalasa? Dhul-Khalasa was a house (of an idol) belonging to the tribe of Khath'am called Al-Ka`ba Al-Yama-niya. So, I proceeded with one hundred and fifty cavalry men from the tribe of Ahmas, who were excellent knights. It happened that I could not sit firm on horses, so the Prophet , stroke me over my chest till I saw his finger-marks over my chest, he said, 'O Allah! Make him firm and make him a guiding and rightly guided man.' " Jarir proceeded towards that house, and dismantled and burnt it. Then he sent a messenger to Allah's Apostle informing him of that. Jarir's messenger said, "By Him Who has sent you with the Truth, I did not come to you till I had left it like an emancipated or gabby camel (i.e. completely marred and spoilt)." Jarir added, "The Prophet asked for Allah's Blessings for the horses and the men of Ahmas five times."

The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became Allright, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, "Best wishes and Allah's Blessing and a good luck." Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah's Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age.

Abu Musa said, "I was with the Prophet when he was encamping at Al-Jarana (a place) between Mecca and Medina and Bilal was with him. A bedouin came to the Prophet and said, "Won't you fulfill what you have promised me?" The Prophet said, 'Rejoice (at what I will do for you).' The bedouin said, "(You have said to me) rejoice too often." Then the Prophet turned to me (i.e. Abu Musa) and Bilal in an angry mood and said, 'The bedouin has refused the good tidings, so you both accept them.' Bilal and I said, 'We accept them.' Then the Prophet asked for a drinking bowl containing water and washed his hands and face in it, and then took a mouthful of water and threw it therein saying (to us), "Drink (some of) it and pour (some) over your faces and chests and be happy at the good tidings." So they both took the drinking bowl and did as instructed. Um Salama called from behind a screen, "Keep something (of the water for your mother." So they left some of it for her.

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

Thursday! And how great that Thursday was! The ailment of Allah's Apostle became worse (on Thursday) and he said, fetch me something so that I may write to you something after which you will never go astray." The people (present there) differed in this matter, and it was not right to differ before a prophet. Some said, "What is wrong with him ? (Do you think ) he is delirious (seriously ill)? Ask him ( to understand his state )." So they went to the Prophet and asked him again. The Prophet said, "Leave me, for my present state is better than what you call me for." Then he ordered them to do three things. He said, "Turn the pagans out of the 'Arabian Peninsula; respect and give gifts to the foreign delegations as you have seen me dealing with them." (Sa`id bin Jubair, the sub-narrator said that Ibn `Abbas kept quiet as rewards the third order, or he said, "I forgot it.") (See Hadith No. 116 Vol. 1)

Abu Dawud said : All the sound traditions narrated by ‘ Uthman indicated that the head is to be wiped once, because they mentioned (the washing of each part in) ablution three times. In their versions of tradition they mentioned the wordings: “he wiped his head.” In this case they did not mention any number as they did in other cases.

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

Malik related to me from Ibn Shihab that he had heard that in the time of the Messenger of Allah, may Allah bless him and grant him peace, women were becoming muslim in their own lands and they did not do hijra while their husbands were still kafirun although they themselves had become muslim. Among them was the daughter of al-Walid ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became muslim on the day of the conquest (of Makka), and her husband, Safwan ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr with the cloak of the Messenger of Allah, may Allah bless him and grant him peace, as a safe-conduct for Safwan ibn Umayya, and the Messenger of Allah, may Allah bless him and grant him peace, called him to Islam and asked for him to come to him and if he was pleased with the matter to accept it. If not he would have a respite for two months.

When Safwan came to the Messenger of Allah, may Allah bless him and grant him peace, with his cloak, he called out to him over the heads of the people, "Muhammad! Wahb ibn Umayr brought me your cloak and claimed that you had summoned me to come to you and if I was pleased with the matter, I should accept it and if not, you would give me a respite for two months. "The Messenger of Allah, may Allah bless him and grant him peace, said, "Come down, Abu Wahb." He said, "No, by Allah! I will not come down until you make it clear to me." The Messenger of Allah, may Allah bless him and grant him peace, said, "You have a respite of four months." The Messenger of Allah, may Allah bless him and grant him peace, went out toward Hawazin at Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms that he had. Safwan said, "Willingly or unwillingly?" He said, "Willingly." Therefore he lent him the equipment and arms which he had. Then Safwan went out with the Messenger of Allah, may Allah bless him and grant him peace, while he was still a kafir. He was present at the battles of Hunayn and at-Ta'if while he was still a kafir and his wife was a muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan and his wife until he had become muslim, and his wife was settled with him by that marriage.

I asked `Aisha : "How do you interpret the statement of Allah,. : Verily! (the mountains) As-Safa and Al-Marwa are among the symbols of Allah, and whoever performs the Hajj to the Ka`ba or performs `Umra, it is not harmful for him to perform Tawaf between them (Safa and Marwa.) (2.158). By Allah! (it is evident from this revelation) there is no harm if one does not perform Tawaf between Safa and Marwa." `Aisha said, "O, my nephew! Your interpretation is not true. Had this interpretation of yours been correct, the statement of Allah should have been, 'It is not harmful for him if he does not perform Tawaf between them.' But in fact, this divine inspiration was revealed concerning the Ansar who used to assume lhram for worship ping an idol called "Manat" which they used to worship at a place called Al-Mushallal before they embraced Islam, and whoever assumed Ihram (for the idol), would consider it not right to perform Tawaf between Safa and Marwa. When they embraced Islam, they asked Allah's Apostle (p.b.u.h) regarding it, saying, "O Allah's Apostle! We used to refrain from Tawaf between Safa and Marwa." So Allah revealed: 'Verily; (the mountains) As-Safa and Al-Marwa are among the symbols of Allah.' " Aisha added, "Surely, Allah's Apostle set the tradition of Tawaf between Safa and Marwa, so nobody is allowed to omit the Tawaf between them." Later on I (`Urwa) told Abu Bakr bin `Abdur-Rahman (of `Aisha's narration) and he said, 'I have not heard of such information, but I heard learned men saying that all the people, except those whom `Aisha mentioned and who used to assume lhram for the sake of Manat, used to perform Tawaf between Safa and Marwa. When Allah referred to the Tawaf of the Ka`ba and did not mention Safa and Marwa in the Qur'an, the people asked, 'O Allah's Apostle! We used to perform Tawaf between Safa and Marwa and Allah has revealed (the verses concerning) Tawaf of the Ka`ba and has not mentioned Safa and Marwa. Is there any harm if we perform Tawaf between Safa and Marwa?' So Allah revealed: "Verily As-Safa and Al- Marwa are among the symbols of Allah." Abu Bakr said, "It seems that this verse was revealed concerning the two groups, those who used to refrain from Tawaf between Safa and Marwa in the Pre- Islamic Period of ignorance and those who used to perform the Tawaf then, and after embracing Islam they refrained from the Tawaf between them as Allah had enjoined Tawaf of the Ka`ba and did not mention Tawaf (of Safa and Marwa) till later after mentioning the Tawaf of the Ka`ba.'

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

Bahira is a she-camel whose milk is kept for the idols and nobody is allowed to milk it; Sa'iba was the she-camel which they used to set free for their gods and nothing was allowed to be carried on it. Abu Huraira said: Allah's Apostle said, "I saw `Amr bin 'Amir Al-Khuza`i (in a dream) dragging his intestines in the Fire, and he was the first person to establish the tradition of setting free the animals (for the sake of their deities)," Wasila is the she-camel which gives birth to a she-camel as its first delivery, and then gives birth to another she-camel as its second delivery. People (in the Pre-lslamic periods of ignorance) used to let that she camel loose for their idols if it gave birth to two she-camels successively without giving birth to a male camel in between. 'Ham' was the male camel which was used for copulation. When it had finished the number of copulations assigned for it, they would let it loose for their idols and excuse it from burdens so that nothing would be carried on it, and they called it the 'Hami.' Abu Huraira said, "I heard the Prophet saying so."

Yahya related to me from Malik from Hisham ibn Urwa from his father from Humran, the mawla of Uthman ibn Affan, that Uthman ibn Affan was once sitting on the Maqaid (the benches surrounding the Madina Mosque, or else a stone near Uthman ibn Affan's house where he sat to discuss with people), when the muadhdhin came and told him that it was time for the asr prayer. He called for water and did wudu. Then he said, "By Allah, I shall tell you something which I would not tell you if it were not in the Book of Allah. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If a man does wudu, and makes sure he does it correctly, and then does the prayer, he will be forgiven everything that he does between then and the time when he prays the next prayer.' "

Yahya said that Malik said, "I believe he meant this ayat - 'Establish prayer at the two ends of the day and in some watches of the night. Good actions take away wrong actions. That is a reminder for those who remember.' " (Sura 11 ayat 114).

Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.

Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "

Abu 'Ali said: Did you hear Abu Dawud ? He said: Some of my companions reminded me of some words that were omitted from writing on the paper.

Jarir bin `Abdullah said to me, "Allah's Apostle said to me, 'Won't you relieve me from Dhul- Khalasa?' Dhul-Khalasa was a house where the tribe of Khatham used to stay, and it used to be called Ka`bat-ul Yamaniya. So I proceeded with one hundred-and-fifty (men) from the tribe of Ahmas who were good cavalry. I informed the Prophet that I could not sit firm on horses, so he stroke me on the chest with his hand and I noticed his finger marks on my chest. He invoked, 'O Allah! Make him firm and a guiding and rightly-guided man." Jarir set out towards that place, dismantled and burnt it, and then sent the good news to Allah's Apostle . The messenger of Jarir said to Allah's Apostle. "O Allah's Apostle! By Him Who has sent you with the Truth, I did not come to you till it (i.e. the house) had been turned (black) like a scabby camel (covered with tar)." So the Prophet invokes Allah to Bless the horses of the men of Ahmas five times.

The version of Musaddad has: "the goats (were collected) from the alms," and the tradition reported by 'Amr is complete.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

We were in our country when flags and banners were raised. I said: What is this?

The (the people) said: This is the banner of the Messenger of Allah (saws). So I came to him. He was (sitting) under a tree. A sheet of cloth was spread for him and he was sitting on it. His Companions were gathered around him. I sat with them.

The Messenger of Allah (saws) mentioned illness and said: When a believer is afflicted by illness and Allah cures him of it, it serves as an atonement for his previous sins and a warning to him for the future.

But when a hypocrite becomes ill and is then cured, he is like a camel which has been tethered and then let loose by its owners, but does not know why they tethered it and why they let it loose.

A man from among those around him asked: Messenger of Allah, what are illnesses? I swear by Allah, I never fell ill.

The Messenger of Allah (saws) said: Get up and leave us. You do not belong to our number. When we were with him, a man came to him. He had a sheet of cloth and something in his hand.

He turned his attention to him and said: Messenger of Allah, when I saw you, I turned towards you. I saw a group of trees and heard the sound of fledglings. I took them and put them in my garment. Their mother then came and began to hover round my head. I showed them to her, and she fell on them. I wrapped them with my garment. They are now with me.

He said: Put them away from you. So I put them away, but their mother stayed with them.

The Messenger of Allah (saws) said to his companions: Are you surprised at the affection of the mother for her young?

They said: Yes, Messenger of Allah. He said: I swear by Him Who has sent me with the Truth, Allah is more affectionate to His servants than a mother to her young ones. Take them back put them and where you took them from when their mother should have been with them. So he took them back.

Abu Dawud said: This tradition has been transmitted by Qatadah from Sa'd b. Yazid on the authority of Ibn al-Musayyab in a similar way. This tradition has been narrated by Yahya b. Abi Kathir from Yazid b. Nu'aim from Sa'id b. al-Musayyab, and 'Ata al-Khurasani narrated it from Sa'id b. al-Musayyab ; they all narrated this tradition from the Prophet (saws) omitting the link of the Companion (i.e. a mursal tradition). The version of Yahya b. Abi Kathir has: Basrah b. Aktham married a woman. The agreed version has: He made the child his servant.

Jabir ibn Abdullah used to say that a Jewess from the inhabitants of Khaybar poisoned a roasted sheep and presented it to the Messenger of Allah (saws) who took its foreleg and ate from it. A group of his companions also ate with him.

The Messenger of Allah (saws) then said: Take your hands away (from the food). The Messenger of Allah (saws) then sent someone to the Jewess and he called her.

He said to her: Have you poisoned this sheep? The Jewess replied: Who has informed you? He said: This foreleg which I have in my hand has informed me. She said: Yes. He said: What did you intend by it? She said: I thought if you were a prophet, it would not harm you; if you were not a prophet, we should rid ourselves of him (i.e. the Prophet). The Messenger of Allah (saws) then forgave her, and did not punish her. But some of his companions who ate it, died. The Messenger of Allah (saws) had himself cupped on his shoulder on account of that which he had eaten from the sheep. AbuHind cupped him with the horn and knife. He was a client of Banu Bayadah from the Ansar.

Abu Dawud said: The name of Abu Jamrah is Nasr bin 'Imran al-Duba'i.