Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

Malik added, "That is the best of what I have heard."

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

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

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

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

Yahya related to me from Malik from Abdullah ibn Abi Bakr from Amra bint Abd ar-Rahman that A'isha, umm al-muminin informed her that the Messenger of Allah, may Allah bless him and grant him peace, was with her and she heard the voice of a man asking permission to enter the room of Hafsa. A'isha said that she had said, "Messenger of Allah! There is a man asking permission to enter your house!" The Messenger of Allah, may Allah bless him and grant him peace, said, "I think it is so-and-so" (referring to a paternal uncle of Hafsa by suckling). A'isha said, "Messenger of Allah! If so-and-so were alive (referring to her paternal uncle by suckling) could he enter where I am?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes. Suckling makes haram as birth makes haram."

AbuMuhammad fancies that witr prayer is essential. (Hearing this) Ubadah ibn as-Samit said: AbuMuhammad was wrong. I bear witness that I heard the Messenger of Allah (saws) say: Allah, the Exalted, has made five prayers obligatory. If anyone performs ablution for them well, offers them at their (right) time, and observes perfectly their bowing and submissiveness in them, it is the guarantee of Allah that He will pardon him; if anyone does not do so, there is no guarantee for him on the part of Allah; He may pardon him if He wills, and punish him if He wills.

Zayd ibn Aslam quoted his father as saying: Umar ibn al-Khattab (Allah be pleased with him) struck one of his sons who was given the kunyah AbuIsa, and al-Mughirah ibn Shu'bah had the kunyah AbuIsa. Umar said to him: Is it not sufficient for you that you are called by the kunyah AbuAbdullah? He replied: The Messenger of Allah (saws) gave me this kunyah. Thereupon he said: The Messenger of Allah (saws) was forgiven all his sins, past and those followed. But we are among the people similar to us. Henceforth he was called by the kunyah AbuAbdullah until he died.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased ...

While we were with Allah's Apostle he said, "Tell me of a tree which resembles a Muslim man. Its leaves do not fall and it does not, and does not, and does not, and it gives its fruits every now and then." It came to my mind that such a tree must be the date palm, but seeing Abu Bakr and `Umar saying nothing, I disliked to speak. So when they did not say anything, Allah's Apostle said, "It is the date-palm tree." When we got up (from that place), I said to `Umar, "O my father! By Allah, it came to my mind that it must be the date palm tree." `Umar said, "What prevented you from speaking" I replied, "I did not see you speaking, so I misliked to speak or say anything." `Umar then said, "If you had said it, it would have been dearer to me than so-and-so."

Aflah, the brother of Abi Al-Qu`ais, asked permission to visit me after the order of Al-Hijab was revealed. I said, "I will not permit him unless I take permission of the Prophet about him for it was not the brother of Abi Al-Qu`ais but the wife of Abi Al-Qu`ais that nursed me." The Prophet entered upon me, and I said to him, "O Allah's Apostle! Aflah, the brother of Abi Al-Qu`ais asked permission to visit me but I refused to permit him unless I took your permission." The Prophet said, "What stopped you from permitting him? He is your uncle." I said, "O Allah's Apostle! The man was not the person who had nursed me, but the woman, the wife of Abi Al-Qu`ais had nursed me." He said, "Admit him, for he is your uncle. Taribat Yaminuki (may your right hand be saved)" `Urwa, the sub-narrator added: For that `Aisha used to say, "Consider those things which are illegal because of blood relations as illegal because of the corresponding foster relations."

(the wife of the Prophet) I said, "O Allah's Apostle! Will you marry my sister, the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I said, "Yes, for I am not your only wife, and the person I like most to share the good with me, is my sister." He said, "That is not lawful for me." I said, "O Allah's Apostle! We have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she is unlawful for me, for she is my foster niece. Thuwaiba suckled me and Abu Salama. So you should not present to me your daughters and sisters." Narrated 'Urwa: Thuwaiba had been a slave girl whom Abu Lahab had emancipated.

Allah's Apostle distributed (Zakat) amongst (a group of) people while I was sitting there but Allah's Apostle left a man whom I thought the best of the lot. I asked, "O Allah's Apostle! Why have you left that person? By Allah I regard him as a faithful believer." The Prophet commented: "Or merely a Muslim." I remained quiet for a while, but could not help repeating my question because of what I knew about him. And then asked Allah's Apostle, "Why have you left so and so? By Allah! He is a faithful believer." The Prophet again said, "Or merely a Muslim." And I could not help repeating my question because of what I knew about him. Then the Prophet said, "O Sa'd! I give to a person while another is dearer to me, for fear that he might be thrown on his face in the Fire by Allah."

Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that al-Miqdad ibn al-Aswad once went to see AIi ibn Abi Talibat as-Suqya, where he was feeding some young camels of his with a mash of meal and leaves, and he said to him, "This man Uthman ibn Affan is telling people that they cannot do hajj and umra together."

Al-Miqdad said, "Ali ibn Abi Talib went off with bits of meal and leaves on his forearms - and I shall never forget the sight of the meal and the leaves on his arms - and went to see Uthman ibn Affan and asked him, 'Are you saying then that people cannot do hajj and umra together?' Uthman replied, 'That is my opinion.' Whereupon AIi got angry and went out saying, 'I am at your service, O Allah, I am at your service for a hajj and an umra together.' "

Malik said, "Our position (here in Madina) is that someone who does hajj and umra together should not remove any of his hair, nor should he come out of ihram in any way until he has sacrificed an animal, if he has one. He should come out of ihram at Mina, on the day of the sacrifice."

The Prophet used to stay (for a period) in the house of Zainab bint Jahsh (one of the wives of the Prophet ) and he used to drink honey in her house. Hafsa and I decided that when the Prophet entered upon either of us, she would say, "I smell in you the bad smell of Maghafir (a bad smelling raisin). Have you eaten Maghafir?" When he entered upon one of us, she said that to him. He replied (to her), "No, but I have drunk honey in the house of Zainab bint Jahsh, and I will never drink it again." Then the following verse was revealed: 'O Prophet ! Why do you ban (for you) that which Allah has made lawful for you?. ..(up to) If you two (wives of the Prophet turn in repentance to Allah.' (66.1-4) The two were `Aisha and Hafsa And also the Statement of Allah: 'And (Remember) when the Prophet disclosed a matter in confidence to one of his wives!' (66.3) i.e., his saying, "But I have drunk honey." Hisham said: It also meant his saying, "I will not drink anymore, and I have taken an oath, so do not inform anybody of that."

Allah's Apostle was informed that I had taken an oath to fast daily and to pray (every night) all the night throughout my life (so Allah's Apostle came to me and asked whether it was correct): I replied, "Let my parents be sacrificed for you! I said so." The Prophet said, "You can not do that. So, fast for few days and give it up for few days, offer Salat (prayer) and sleep. Fast three days a month as the reward of good deeds is multiplied ten times and that will be equal to one year of fasting." The Prophet said to me, "Fast one day and give up fasting for two days." I replied, "I can do better than that." The Prophet said to me, "Fast one day and give up fasting for a day and that is the fasting of Prophet David and that is the best fasting." I said, "I have the power to fast better (more) than that." The Prophet said, "There is no better fasting than that."

Safiya, the wife of the Prophet told me that she went to Allah's Apostle to visit him in the mosque while he was in I`tikaf in the last ten days of Ramadan. She had a talk with him for a while, then she got up in order to return home. The Prophet accompanied her. When they reached the gate of the mosque, opposite the door of Um-Salama, two Ansari men were passing by and they greeted Allah's Apostle . He told them: Do not run away! And said, "She is (my wife) Safiya bint Huyai." Both of them said, "Subhan Allah, (How dare we think of any evil) O Allah's Apostle!" And they felt it. The Prophet said (to them), "Satan reaches everywhere in the human body as blood reaches in it, (everywhere in one's body). I was afraid lest Satan might insert an evil thought in your minds."

That `Aisha told him that Barirah came to seek her help in her writing of emancipation (for a certain sum) and that time she had not paid anything of it. `Aisha said to her, "Go back to your masters, and if they agree that I will pay the amount of your writing of emancipation and get your Wala', I will do so." Barirah informed her masters of that but they refused and said, "If she (i.e. `Aisha) is seeking Allah's reward, then she can do so, but your Wala' will be for us." `Aisha mentioned that to Allah's Apostle who said to her, "Buy and manumit (free) her, as the Wala' is for the liberator." Allah's Apostle then got up and said, "What about the people who stipulate conditions which are not present in Allah's Laws? Whoever imposes conditions which are not present in Allah's Laws, then those conditions will be invalid, even if he imposed these conditions a hundred times. Allah's conditions (Laws) are the truth and are more solid."

(the wife of the Prophet) That she came to visit Allah's Apostle while he was in I`tikaf (i.e. seclusion in the Mosque during the last ten days of Ramadan). When she got up to return, Allah's Apostle got up with her and accompanied her, and when he reached near the gate of the Mosque close to the door (of the house) of Um Salama, the wife of the Prophet, two Ansari men passed by them and greeted Allah's Apostle and then went away. Allah's Apostle addressed them saying, "Don't hurry! (She is my wife)," They said, "Glorified be Allah! O Allah's Apostle (You are far away from any suspicion)," and his saying was hard on them. Allah's Apostle said, "Satan circulates in the mind of a person as blood does (in his body). I was afraid that Satan might put some (evil) thoughts in your minds."

(The wife of the Prophet) Allah's Apostle said (to her). "Don't you see that when your folk built the Ka`ba, they did not build it on all the foundations built by Abraham?" I said, "O Allah's Apostle! Why don't we rebuild it on the foundations of Abraham?" He said. "But for the fact that your folk have recently given up infidelity (I would have done so). Narrated Ibn `Umar: Aisha must have heard this from Allah's Apostle for I see that Allah's Apostle used not to touch the two corners facing Al-Hijr only because the House had not been built on the foundations of Abraham.''

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

That the Prophet (saws) said: "Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge followed this Hadith, they said that when something belonging to a man is with another and he leaves (with it), then he has something that belongs to him, he may not withhold from him an equivalent to what the other took of his.

Some of the people of knowledge among the Tabi'in allowed that. This is the view of Sufyan Ath-Thawri, he said: "If one man has some Dirham that belong to another, and the second has some Dinar belonging to the first, he may not withhold any in place of his Dirham, unless it so happens that he has some Dirham of his, then in that case he can withhold some of his Dirham equal to what he is owed by the first."

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.

When Hani went with his people in a deputation to the Messenger of Allah (saws), he heard them calling him by his kunyah (surname), AbulHakam.

So the Messenger of Allah (saws) called him and said: Allah is the judge (al-Hakam), and to Him judgment belongs. Why are you given the kunyah AbulHakam?

He replied: When my people disagree about a matter, they come to me, and I decide between them, and both parties are satisfied with my decision.

He said: How good this is! What children have you? He replied: I have Shurayh, Muslim and Abdullah. He asked; Who is the oldest of them? I replied: Shurayh. He said: Then you are AbuShurayh.

Abu Dawud said: This is Shuraib who broke the chain, and who entered Tustar.

Abu Dawud said: I have been told that Shuraib broke the gate of Tustar, and he entered it through tunnel.

`Ali led the funeral prayer of Sahl bin Hunaif and said, "He was one of the warriors of Badr."

that Thabit bin Ad-Dahhak had informed him that he was one of those who had given the Pledge of allegiance (of Al-Hudaibiya) beneath the Tree.

I heard Allah's Apostle saying, "There is nothing (none) having a greater sense of Ghira (self-respect) than Allah." And narrated Abu Huraira that he heard the Prophet (saying the same).

This hadith has been narrated on the authority of 'Abdullah b. Mas'ud through another chain of transmitters.

The Prophet said, "Whoever performs ablution should clean his nose with water by putting the water in it and then blowing it out, and whoever cleans his private parts with stones should do it with odd number of stones."

The Prophet said, "When Allah had finished His creation, He wrote over his Throne: 'My Mercy preceded My Anger.'

Yahya related to me from Malik from Nafi that Ubaydullah ibn Abdullah ibn Umar sent a question to A'isha asking her, "May a man fondle his wife when she is menstruating?" She replied, "Let her wrap her waist-wrapper around her lower part and then he may fondle her if he wishes."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Bilal calls the adhan whilst it is still night so eat and drink until Ibn Umm Maktum calls the adhan."

Yahya related to me from Malik that Abd ar-Rahman ibn al-Qasim said, "I heard Abdullah ibn Amir ibn Rabia say, 'I sometimes pray witr while hearing the iqama, or after the break of dawn.' " Abd ar-Rahman was not certain which he said.

Yahya related to me from Malik that he had heard that AIi ibn Abi Talib and Abdullah ibn Abbas used to say, "The middle prayer is the prayer of subh."

Malik said, "Out of all that I have heard about the matter, I prefer what Ali ibn Abi Talib and Abdullah ibn Abbas said."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man who knows the Qur'an well is like a man who has a hobbled camel. If he takes care of it, he keeps it, and if he lets it go, it gets away."

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, "Every prophet is given a supplication (dua), and I wish to preserve my dua as intercession for my community in the next world.

Yahya related to me from Malik that he had heard that Uthman ibn Affan and Abdullah ibn Umar and Abu Hurayra used to pray over the dead, both men and women, in Madina. They would put the men nearer to the imam and the women nearer to the qibla.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin, may Allah be pleased with her, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to kiss certain of his wives when fasting," and then she laughed.

Yahya related to me from Malik, from Ibn Shihab, from Said ibn al-Musayyab, that Umar ibn Abi Salama once asked Umar ibn alKhattab for permission to do umra in Shawwal. He gave him permission, so he did umra and then went back to his family, and he did not do hajj.

Yahya related to me from Malik, from Nafi, from Abdullah ibn Umar, that Umar ibn al-Khattab said, "Keep your hajj separate from your umra. That way your hajj will be more complete. And your umra will be more complete if you do it outside of the months of the hajj."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that lkrama, the mawla of Ibn Abbas, said, (and Thawr believed it to be from Abdullah ibn Abbas), "Someone who has intercourse with his wife before he has done the tawaf al-ifada should do an umra and sacrifice an animal."

Yahya related to me from Malik from Zayd ibn Aslam that a man came to Umar ibn al-Khattab and said, "Amir al-muminin, I killed some locusts with my whip when I was in ihram," and Umar said to him, "Give a handful of food."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar did not sacrifice for the child in the womb.

Malik said, "The sacrifice is sunna, and it is not obligatory. I prefer that anyone who has the price of the animal should not abandon it.''

Anas was asked whether the Prophet (saws) used a a hair dye or not. He replied, "The Prophet (saws) did not have enough grey hair to dye, (such that) if I wanted to count the fading hairs in his beard (I could have)."

The Prophet used to offer the Nawafil, while riding, facing a direction other than that of the Qibla.

When `Umar founded an endowment he stipulated that its administrator could eat from it and also feed his friend on the condition that he would not store anything for himself from it.

The Prophet allowed `Abdur-Rahman bin `Auf and Az-Zubair to wear silken shirts because they had a skin disease causing itching.

Allah's Apostle forbade the people to travel to a hostile country carrying (copies of) the Qur'an.

Ibn `Umar used to kill snakes but when Abu Lubaba informed him that the Prophet had forbidden the killing of snakes living in houses, he gave up killing them.