Malik related to me from Nafi that Abdullah ibn Umar said, "The Jews came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned to him that a man and woman from among them had committed adultery. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'What do you find in the Torah about stoning?' They said, 'We make their wrong action known and flog them.' Abdullah ibn Salam said, 'You have lied! It has stoning for it, so bring the Torah.' They spread it out and one of them placed his hand over the ayat of stoning. Then he read what was before it and what was after it. Abdullah ibn Salam told him to lift his hand. He lifted his hand and there was the ayat of stoning. They said, 'He has spoken the truth, Muhammad. The ayat of stoning is in it.' So the Messenger of Allah, may Allah bless him and grant him peace, gave the order and they were stoned . "

Abdullah ibn Umar added, "I saw the man leaning over the woman to protect her from the stones."

Malik commented, "By leaning he meant throwing himself over her so that the stones fell on him."

Yahya related to me from Malik from Yazid ibn Abdullah ibn al- Hadi from Muhammad ibn Ibrahim al-Harith at-Taymi from Abu Salama ibn Abd ar-Rahman that Abu Said al-Khudri said, "The Messenger of Allah, may Allah bless him and grant him peace, used to do itikaf in the middle ten days of Ramadan. One year he was doing itikaf and then, when it came to the night of the twenty-first, which was the night before the morning when he would normally have finished his itikaf, he said, 'Whoever has done i'tikaf with me should continue doing itikaf for the last ten days. I saw a certain night and then I was made to forget it. I saw myself prostrating the following morning in water and clay. Look for it in the last ten days, and look for it on the odd days.' "

Abu Said continued, "The sky poured with rain that night and the mosque had a roof (made of palm fronds) and the mosque was soaked. With my own eyes I saw the Messenger of Allah, may Allah bless him and grant him peace, leave with traces of water and clay on his forehead and nose, in the morning after the night of the twenty- first."

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that Amr ibn Sulaym az-Zuraqi informed his father that it had been said to Umar ibn al-Khattab, "There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in ash- Sham. He has property. Here he only has the daughter of one of his paternal uncles." Umar ibn al-Khattab instructed, "Let him leave her a bequest." He willed her a property called the well of Jusham.

Malik added, "That property was sold for 30,000 dirhams, and the daughter of the paternal uncle to whom he willed it was the mother of Amr ibn Sulaym az-Zuraqi."

Once the Prophet was offering the prayer in the shade of the Ka`ba. Abu Jahl and some Quraishi men sent somebody to bring the Abdominal contents of a shecamel which had been slaughtered somewhere in Mecca, and when he brought them, they put them over the Prophet Then Fatima (i.e. the Prophet's daughter) came and threw them away from him, and he said, "O Allah! Destroy (the pagans of) Quraish; O Allah! Destroy Quraish; O Allah Destroy Quraish," naming especially Abu Jahl bin Hisham, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al Walid bin `Utba, Ubai bin Khalaf and `Uqba bin Abi Mitt. (The narrator, `Abdullah added, "I saw them all killed and thrown in the Badr well).

While the Prophet was prostrating, surrounded by some of Quraish, `Uqba bin Abi Mu'ait brought the intestines (i.e. Abdominal contents) of a camel and put them over the back of the Prophet. The Prophet did not raise his head, (till) Fatima, came and took it off his back and cursed the one who had done the harm. The Prophet said, "O Allah! Destroy the chiefs of Quraish, Abu Jahl bin Hisham, `Utba bin Rabi`al, Shaba bin Rabi`a, Umaiya bin Khalaf or Ubai bin Khalaf." (The sub-narrator Shu`ba, is not sure of the last name.) I saw these people killed on the day of Badr battle and thrown in the well except Umaiya or Ubai whose body parts were mutilated but he was not thrown in the well.

AbulHaytham ibn at-Tayhan prepared food for the Messenger of Allah (saws), and he invited the Prophet (saws) and his Companions. When they finished (food), the said: If some people enter the house of a man, his food is eaten and his drink is drunk, and they supplicate (to Allah) for him, this is his reward.

Malik related to me from Abd ar-Rahman ibn Harmala from Amr ibn Shuayb from his father from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "One rider is a shaytan. Two riders are two shaytans, and three are a riding-party."

Abu Rafi` sold a house to Sa`d bin Malik for four-hundred Mithqal of gold, and said, "If I had not heard the Prophet saying, 'The neighbor has more right to be taken care of by his neighbor (than anyone else),' then I would not have sold it to you."

[Al-Bukhari and Muslim].

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

Malik said, "That is what I like best of what I have heard on the subject."

29.2 Divorce by Euphemistic Statements

"I saw the Messenger of Allah (saws) taking from the sides around the dish - meaning the gourd. Since then I still like it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been reported through more than one route from Anas bin Malik.

The Prophet (saws) said: When the Imam completes the prayer and sits (for reciting tashahhud), and then becomes defiled (i.e. his ablution becomes void) before he speaks (to someone), his prayer becomes complete. And those who prayed behind him also complete the prayer.

Some reliable people testified before me, and among them was Umar ibn al-Khattab, and most reliable in my eyes was Umar: The Prophet of Allah (saws) said: There is no prayer after the dawn prayer until the sun rises; and there is no prayer after the 'Asr prayer until the sun sets.

Ibn `Umar assumed Ihram and said, "If something should intervene between me and the Ka`ba, then I will do what the Prophet did when the Quraish infidels intervened between him and (the Ka`ba). Then Ibn `Umar recited: "You have indeed in Allah's Apostle A good example to follow." (33.21)

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is wrong with men who give their sons gifts and then keep them and if the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son, I gave it to him.' Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he dies it belongs to the heirs in general."

Abu Burda and `Abdullah bin Shaddad sent me to `Abdur Rahman bin Abza and `Abdullah bin Abi `Aufa to ask them about the Salaf (Salam). They said, "We used to get war booty while we were with Allah's Apostle and when the peasants of Sham came to us we used to pay them in advance for wheat, barley, and oil to be delivered within a fixed period." I asked them, "Did the peasants own standing crops or not?" They replied, "We never asked them about it."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

I said: Messenger of Allah, to make my atonement complete I should divest myself of my all property as sadaqah (alms) for Allah and His apostle. He said: No. I said: The half of it. He said: No. I said: Then a third of it. He said: Yes. I said: I shall retain the portion I have at Khaybar.

The Messenger of Allah (saws) sent Abdullah ibn Ghalib al-Laythi along with a detachment and I was also with them. He ordered them to attach Banu al-Mulawwih from all sides at al-Kadid. So we went out and when we reached al-Kadid we met al-Harith ibn al-Barsa al-Laythi, and seized him. He said: I came with the intention of embracing Islam, and I came out to go to the Messenger of Allah (saws). We said: If you are a Muslim, there is no harm if we keep you in chains for a day and night; and if you are not, we shall tie you with chains. So we tied him with chains.

Sulaym ibn Amir, a man of Himyar, said: There was a covenant between Mu'awiyah and the Byzantines, and he was going towards their country, and when the covenant came to an end, he attacked them. A man came on a horse, or a packhorse saying, Allah is Most Great, Allah is Most Great; let there be faithfulness and not treachery. And when they looked they found that he was Amr ibn Abasah. Mu'awiyah sent for him and questioned him (about that). He said: I heard the Messenger of Allah (saws) say: When one has covenant with people he must not strengthen or loosen it till its term comes to an end or he brings it to an end in agreement with them (to make both the parties equal). So Mu'awiyah returned.

Abyad went to the Messenger of Allah (saws) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)

So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.

The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."

Yahya related to me from Malik from Safwan ibn Sulaym from Said ibn Salama of the Bani Azraq from al-Mughira ibn Abi Burda of the tribe of Bani Abd ad-Dar that he had heard Abu Hurayra speak about a man who came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! We travel by sea and we do not carry much fresh water with us so if we do wudu with it we go thirsty. Can we do wudu with seawater?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "lts water is pure, and its dead creatures are halal."

I did not offer behind anyone after the Messenger of Allah (saws) a prayer like the prayer offered by the Messenger of Allah (saws) than this youth, i.e. Umar ibn AbdulAziz. We estimated reciting glorification ten times in his bowing, and in his prostration ten times.

Abu Dawud said: Ahmad b. Salih said: I asked him ('Abd Allah) whether the name Manus is correct of Mabus. He replied: 'Abd al-Razzaq used to say Mabus, but I remember Manus (i.e. the narrator Wahb b. Manus). These are the words of Ibn Rafi'. It has also been narrated by Ahmad from Sa'id b. Jubair on the authority of Anas b. Malik.

The Prophet (saws) said: Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell.

Abu Dawud said: On this subject this is the soundest tradition, that is, the tradition of Ibn Buraidah: Judges are of three types.

The Prophet (saws) said: Musaddad's version has: He addressed on the day of Conquest. The agreed version then goes: Beware! Every object of pride of pre-Islamic times, whether it is blood-vengeance or property, mentioned or claimed, has been put under my feet except supply of water to the pilgrims and custody of the House (the Ka'bah). He then said: Beware! The blood-wit for unintentional murder, such as is done with a whip and stick, is one hundred camels, forty of which are pregnant.

The narrator al-Nufaili said : Malik narrated us.

Abu Dawud said : The narrators al-Nufail and al_Qa’nabi did not mention the words “from his father”.

Ibn Wahb and ‘Uthman bin ‘Umr narrated from Malik the same words as narrated by al-Qa’nabi (i.e. omitted the words “from his father”).

Malik related to me from Suhayl ibn Abi Salih from his father from Abu Hurayra that Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, "What do you think I should do if I were to find a man with my wife? Should I leave him there until I had brought four witnesses?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes."

`Imran bin Hussain said, "The Prophet said, 'The best of you (people) are my generation, and the second best will be those who will follow them, and then those who will follow the second generation." `Imran added, "I do not remember whether he mentioned two or three (generations) after his generation. He added, 'Then will come some people who will make vows but will not fulfill them; and they will be dishonest and will not be trustworthy, and they will give their witness without being asked to give their witness, and fatness will appear among them.' "

Yahya related to me from Malik from Hisham ibn Urwa from his father that Hamza ibn Amr al-Aslami once said to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, I am a man who fasts. Can I fast when travelling?" The Messenger of Allah, may Allah bless him and grant him peace, said, "If you want you can fast, and if you want you can break the fast."

Ziyad related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, that Abdullah ibn Unays al-Juhani said to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, I am a man whose house is a long way away. Tell me one night so that I can stop my journey for it." The Messenger of Allah, may Allah bless him and grant him peace, said, "Stop on the twenty-third night of Ramadan."

Yahya related to me from Malik from Yahya ibn Said that he had heard that Abdullah ibn Abbas said, "Stealing from the spoils does not appear in a people but that terror is cast into their hearts. Fornication does not spread in a people but that there is much death among them. A people do not lessen the measure and weight but that provision is cut off from them. A people do not judge without right but that blood spreads among them. A people do not betray the pledge but that Allah gives their enemies power over them."

Kabshah, daughter of Ka'b ibn Malik and wife of Ibn AbuQatadah, reported: AbuQatadah visited (me) and I poured out water for him for ablution. A cat came and drank some of it and he tilted the vessel for it until it drank some of it. Kabshah said: He saw me looking at him; he asked me: Are you surprised, my niece? I said: Yes. He then reported the Messenger of Allah (saws) as saying: It is not unclean; it is one of those (males or females) who go round among you.

"The Messenger of Allah (saws) was of average height, neither tall nor very short, he had a good build, brown in complexion, his hair was neither curly nor straight, and when he walked he swayed slightly."

He said: There are narration on this topic from 'Aishah, Al-Bara', Abu Hurairah, Ibn 'Abbas, Abu Sa'eed, Jabir, Wa'il bin Hujr, and Umm Hani'.

[Abu 'Eisa said:] The Hadith of Anas is a Hasan Sahih Gharib Hadith from this route, as a narration of Humaid.

Um Ar-Rubai'bint Al-Bara', the mother of Hartha bin Suraqa came to the Prophet and said, "O Allah's Prophet! Will you tell me about Hartha?" Hartha has been killed (i.e. martyred) on the day of Badr with an arrow thrown by an unidentified person. She added, "If he is in Paradise, I will be patient; otherwise, I will weep bitterly for him." He said, "O mother of Hartha! There are Gardens in Paradise and your son got the Firdausal-ala (i.e. the best place in Paradise).

Abu Sufyan said, "Heraclius sent for me when I was in 'llya' (i.e. Jerusalem). Then he asked for the letter of Allah's Apostle and when he had finished its reading there was a great hue and cry around him and the voices grew louder and we were asked to quit the place. When we were turned out, I said to my companions, 'The cause of Ibn Abi Kabsha has become conspicuous as the King of Bani Al- Asfar is afraid of him.' "

When the Prophet migrated to Medina, Suraqa bin Malik bin Ju'sham pursued him. The Prophet invoked evil on him, therefore the forelegs of his horse sank into the ground. Suraqa said (to the Prophet ), "Invoke Allah to rescue me, and I will not harm you. "The Prophet invoked Allah for him. Then Allah's Apostle felt thirsty and he passed by a shepherd. Abu Bakr said, "I took a bowl and milked a little milk in it and brought it to the Prophet and he drank till I was pleased."

Fatimah daughter of Qais said “I was married to a man of Banu Makhzum. He divorced me absolutely. The narrator then transmitted the rest of the tradition like that of Malik. This version has “Do not marry yourself without my permission.”

Abu Dawud said Al Sha’bi, Al Bahiyy and ata from abd Al Rahman bin asim and Abu Bakr bin Abi Al Jahm all narrated on the authority of Fatimah daughter of Qais that her husband had divorced her three times.

‘Abd Allaah (bin ‘Umar) said “The Apostle of Allaah(saws) sent us along with a detachment. The share of each was twelve Camels. The Apostle of Allaah(saws) gave each one of us a Camel as a reward.

Abu Dawud said “Burd bin Sinan narrated a similar tradition from Nafi’ as narrated by ‘Ubaid Allaah. Ayyub also narrated from Nafi’ a similar tradition, but his version goes “We were rewarded one Camel each. He did not mention the Prophet (saws).

Abu Dawud said: I read in a document possessed by Abdullah ibn Salim at Hims: Abdullah ibn Mu'awiyah al-Ghadiri reported the Prophet (saws) as saying: He who performs three things will have the taste of the faith. (They are:) One who worships Allah alone and one believes that there is no god but Allah; and one who pays the zakat on his property agreeably every year. One should not give an aged animal, nor one suffering from itch or ailing, and one most condemned, but one should give animals of medium quality, for Allah did not demand from you the best of your animals, nor did He command you to give the animals of worst quality.

A Jew and a Jewess were brought to Allah's Apostle on a charge of committing an illegal sexual intercourse. The Prophet asked them. "What is the legal punishment (for this sin) in your Book (Torah)?" They replied, "Our priests have innovated the punishment of blackening the faces with charcoal and Tajbiya." `Abdullah bin Salam said, "O Allah's Apostle, tell them to bring the Torah." The Torah was brought, and then one of the Jews put his hand over the Divine Verse of the Rajam (stoning to death) and started reading what preceded and what followed it. On that, Ibn Salam said to the Jew, "Lift up your hand." Behold! The Divine Verse of the Rajam was under his hand. So Allah's Apostle ordered that the two (sinners) be stoned to death, and so they were stoned. Ibn `Umar added: So both of them were stoned at the Balat and I saw the Jew sheltering the Jewess.

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

(The Prophet) said, "O Allah! Bless our Sham and our Yemen." People said, "Our Najd as well." The Prophet again said, "O Allah! Bless our Sham and Yemen." They said again, "Our Najd as well." On that the Prophet said, "There will appear earthquakes and afflictions, and from there will come out the side of the head of Satan."

Ash Shu`bi said, "I was informed by a man who had seen the Prophet going to a grave that was separate from the other graves and he aligned the people in rows and said four Takbir." I said, "O Abu `Amr! who narrated (that) to you"? He said, "Ibn `Abbas. "

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).