Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."

Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."

I came upon `Abdullah and he said, "When Allah's Apostle invited Quraish (to Islam), they disbelieved him and stood against him. So he (the Prophet) said, "O Allah! Help me against them by afflicting them with seven years of famine similar to the seven years of Joseph.' So they were stricken with a year of drought that destroyed everything, and they started eating dead animals, and if one of them got up he would see something like smoke between him and the sky from the severe fatigue and hunger." `Abdullah then recited:-- 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people. This is a painful torment... (till he reached) ........ We shall indeed remove the punishment for a while, but truly you will revert (to heathenism): (44.10-15) `Abdullah added: "Will the punishment be removed from them on the Day of Resurrection?" He added," The severe grasp" was the Day of the Battle of Badr."

(the wife of the Prophet), I never saw Allah's Apostle laughing loudly enough to enable me to see his uvula, but he used to smile only. And whenever he saw clouds or winds, signs of deep concern would appear on his face. I said, "O Allah's Apostle! When people see clouds they usually feel happy, hoping that it would rain, while I see that when you see clouds, one could notice signs of dissatisfaction on your face." He said, "O `Aisha! What is the guarantee for me that there will be no punishment in it, since some people were punished with a wind? Verily, some people saw (received) the punishment, but (while seeing the cloud) they said, 'This cloud will give us rain.' "

The Prophet said (on the day of Idal-Adha), "The first thing we will do on this day of ours, is to offer the (`Id) prayer and then return to slaughter the sacrifice. Whoever does so, he acted according to our Sunna (tradition), and whoever slaughtered (the sacrifice) before the prayer, what he offered was just meat he presented to his family, and that will not be considered as Nusak (sacrifice)." (On hearing that) Abu Burda bin Niyar got up, for he had slaughtered the sacrifice before the prayer, and said, "I have got a six month old ram." The Prophet said, 'Slaughter it (as a sacrifice) but it will not be sufficient for any-one else (as a sacrifice after you). Al-Bara' added: The Prophet said, "Whoever slaughtered (the sacrifice) after the prayer, he slaughtered it at the right time and followed the tradition of the Muslims."

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

The Prophet looked at a man fighting against the pagans and he was one of the most competent persons fighting on behalf of the Muslims. The Prophet said, "Let him who wants to look at a man from the dwellers of the (Hell) Fire, look at this (man)." Another man followed him and kept on following him till he (the fighter) was injured and, seeking to die quickly, he placed the blade tip of his sword between his breasts and leaned over it till it passed through his shoulders (i.e., committed suicide)." The Prophet added, "A person may do deeds that seem to the people as the deeds of the people of Paradise while in fact, he is from the dwellers of the (Hell) Fire: and similarly a person may do deeds that seem to the people as the deeds of the people of the (Hell) Fire while in fact, he is from the dwellers of Paradise. Verily, the (results of) deeds done, depend upon the last actions."

A man came to the Prophet and said, "I am ruined!" The Prophet said, "What is the matter with you?" He said, "I had sexual relation with my wife (while I was fasting) in Ramadan." The Prophet said, "Have you got enough to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" The man said, "No." The Prophet said, "Can you feed sixty poor persons?" The man said, "No." Then the Prophet said to him, "Sit down," and he sat down. Afterwards an 'Irq, i.e., a big basket containing dates was brought to the Prophet and the Prophet said to him, "Take this and give it in charity." The man said, "To poorer people than we?" On that, the Prophet smiled till his premolar teeth became visible, and then told him, "Feed your family with it." (See Hadith No. 157, Vol 3)

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

Once the Prophet was preaching while a bedouin was sitting there. The Prophet said, "A man from among the people of Paradise will request Allah to allow him to cultivate the land Allah will say to him, 'Haven't you got whatever you desire?' He will reply, 'yes, but I like to cultivate the land (Allah will permit him and) he will sow the seeds, and within seconds the plants will grow and ripen and (the yield) will be harvested and piled in heaps like mountains. On that Allah will say (to him), "Take, here you are, O son of Adam, for nothing satisfies you.' "On that the bedouin said, "O Allah's Apostle! Such man must be either from Quraish or from Ansar, for they are farmers while we are not." On that Allah's Apostle smiled .

Malik related to me from Nafi from Sulayman ibn Yasar that Habbar ibn al-Aswad arrived on the day of sacrifice while Umar ibn al-Khattab was sacrificing his animal and said, "Amir al-muminin, we made a mistake in our reckoning and we thought that today was the day of Arafa." Umar said, "Go to Makka, you and whoever else is with you, and do tawaf and sacrifice your animal if you have one with you. Then shave or cut your hair and return home. Then, in another year, do hajj and sacrifice an animal, and if you cannot find one, fast three days on hajj and seven when you return home."

Malik said, "Someone who intends to do hajj and umra together and then misses the hajj must do hajj again in another year, doing hajj with umra, and offer two sacrificial animals, one for doing the hajj with umra, and one for the hajj that he has missed."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn Zayd adDili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other),saw a man standing in the sun. The Messenger asked, "What's wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."

Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Abu Said alKhudri returned from a journey and his family gave him some meat. He asked whether it was meat from the sacrifice. They replied that it was. Abu Said said, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, forbid that?" They said, "There has been a new command from the Messenger of Allah, may Allah bless him and grant him peace, since you went away." Abu Said went out and made enquiries about it and was told that the Messenger of Allah, may Allah bless him and grant him peace, had said,"I forbade you before to eat meat of the sacrifice after three days, but now eat, give sadaqa and store up. I forbade you before to make nabidh (by soaking raisins or dates in water), but now make nabidh, but remember every intoxicant is haram .I forbade you to visit graves, but now visit them, and do not use bad language."

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

Malik said, "This is the best of what I have heard about the matter."

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

Allah's Apostle said, "A woman called her son while he was in his hermitage and said, 'O Juraij' He said, 'O Allah, my mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij!' He said again, 'O Allah ! My mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij' He again said, 'O Allah! My mother (is calling me) and (I am offering) my prayer. (What shall I do?)' She said, 'O Allah! Do not let Juraij die till he sees the faces of prostitutes.' A shepherdess used to come by his hermitage for grazing her sheep and she gave birth to a child. She was asked whose child that was, and she replied that it was from Juraij and that he had come out from his hermitage. Juraij said, 'Where is that woman who claims that her child is from me?' (When she was brought to him along with the child), Juraij asked the child, 'O Babus, who is your father?' The child replied, 'The shepherd.' " (See Hadith No 662. Vol 3).

Once the sun eclipsed and Allah's Apostle stood up for the prayer and recited a very long Sura and when bowed for a long while and then raised his head and started reciting another Sura. Then he bowed, and after finishing, he prostrated and did the same in the second rak`a and then said, "These (lunar and solar eclipses) are two of the signs of Allah and if you see them, pray till the eclipse is over. No doubt, while standing at this place I saw everything promised to me by Allah and I saw (Paradise) and I wanted to pluck a bunch (of grapes) therefrom, at the time when you saw me stepping forward. No doubt, I saw Hell with its different parts destroying each other when you saw me retreating and in it I saw `Amr bin Luhai who started the tradition of freeing animals (set them free) in the name of idols."

Allah's Apostle offered four rak`at of Zuhr prayer at Medina and we were in his company, and two rak`at of the `Asr prayer at Dhul-Hulaifa and then passed the night there till it was dawn; then he rode, and when he reached Al-Baida', he praised and glorified Allah and said Takbir (i.e. Al hamdu-li l-lah and Subhanallah(1) and Allahu-Akbar). Then he and the people along with him recited Talbiya with the intention of performing Hajj and Umra. When we reached (Mecca) he ordered us to finish the lhram (after performing the Umra) (only those who had no Hadi (animal for sacrifice) with them were asked to do so) till the day of Tarwiya that is 8th Dhul-Hijja when they assumed Ihram for Hajj. The Prophet sacrificed many camels (slaughtering them) with his own hands while standing. While Allah's Apostle was in Medina he sacrificed two horned rams black and white in color in the Name of Allah."

`Abdul-Malik bin Marwan wrote to Al-Hajjaj that he should follow `Abdullah bin `Umar in all the ceremonies of Hajj. So when it was the Day of `Arafat (9th of Dhul-Hijja), and after the sun has deviated or has declined from the middle of the sky, I and Ibn `Umar came and he shouted near the cotton (cloth) tent of Al-Hajjaj, "Where is he?" Al-Hajjaj came out. Ibn `Umar said, "Let us proceed (to `Arafat)." Al-Hajjaj asked, "Just now?" Ibn `Umar replied, "Yes." Al-Hajjaj said, "Wait for me till I pour water on me (i.e. take a bath)." So, Ibn `Umar dismounted (and waited) till Al-Hajjaj came out. He was walking between me and my father. I informed Al-Hajjaj, "If you want to follow the Sunna today, then you should shorten the sermon and then hurry up for the stay (at `Arafat)." Ibn `Umar said, "He (Salim) has spoken the truth."

A man came to the Prophet and said, "I had sexual intercourse with my wife on Ramadan (while fasting)." The Prophet asked him, "Can you afford to manumit a slave?" He replied in the negative. The Prophet asked him, "Can you fast for two successive months?" He replied in the negative. He asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. (Abu Huraira added): Then a basket full of dates was brought to the Prophet and he said (to that man), "Feed (poor people) with this by way of atonement." He said, "(Should I feed it) to poorer people than we? There is no poorer house than ours between its (Medina's) mountains." The Prophet said, "Then feed your family with it."

"The Prophet (saws) was asked about eating a mastigure and he said: 'I do not eat it, and I do not prohibit eating it.'"

[He said:] There are narrations on this topic from 'Umar, Abu Sa'eed, Ibn 'Abbas, Thabit bin Wadi'ah, Jabir, and 'Abdur-Rahman bin Hasanah.

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

The People of knowledge have differed over eating mastigure. Some of the people of knowledge among the Companions of the Prophet (saws) and others permitted it, while others considered it disliked. It has been related that Ibn 'Abbas said: "Mastigure was eaten on the dining spread of the Messenger of Allah (saws), and the Messenger of Allah (saws) only avoided it because it was distasteful to him."

"I asked the Messenger of Allah (saws) about eating badger. He said: 'Does anyone eat badger?' So I asked him about eating wolf' He said: 'Does anyone who has any good in him eat wolf?'"

[Abu 'Eisa said:] The chain for this Hadith is not strong. We do not know of it except as a narration of Isma'il bin Muslim from 'Abdul-Karim Abi Umayyah. Some of the people of Hadith have criticized Isma'il and 'Abdul Karim Abi Umayyah. And he is 'Abdul-Karim bin Qais, who is Ibn Abi Al-Mukhariq. While 'Abdul-Karim bin Malik Al-Jazari is trustworthy.

That he said: "O Messenger of Allah! We live in a land of the People of Book and we cook in their containers, and drink in their vessels." The Messenger of Allah (saws) said: "If you do not find other than them, then rinse them with water."

The he said: "O Messenger of Allah! We live in a land of game, so what should we do ?" He said: "When you send your trained dog, and you mentioned the Name of Allah, and he kills it, then eat it. And when you shoot it with your bow, and it is killed, then eat it.'"

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

"The Messenger of Allah (saws) had a disbeliever as a guest. So the Messenger of Allah (saws) ordered that a sheep be milked so he could drink. Then another was milked so he could drink, then another, so he drank until he had drank the milk of seven sheep. The he awoke the next morning and accepted Islam. The Messenger of Allah (saws) ordered that a sheep be milked so he could drink its milk, then he ordered for another but he could not finish it. So the Messenger of Allah (saws) said: 'The believer drinks with one intestine and the disbeliever drinks with seven.'"

[Abu 'Eisa said:] This Hadith is Sahih Hasan Gharib as a narration of Suhail.

"I read in the Tawrah that the blessing for food is in the Wudu' after it. So I mentioned that to the Prophet (saws), telling him what I read in the Tawrah. So the Messenger of Allah (saws) said: 'The food's blessing is in the Wudu' before it and the Wudu' after it.'"

He said: There are narrations on this topic from Anas and Abu Hurairah.

[Abu 'Eisa said:] We do not know of this Hadith except as a narration of Qais bin Ar-Rabi'. Qais [bin Ar-Rabi'] was graded weak in Hadith. Abu Hashim Ar-Rumani's (a narrator in the chain) name is Yahya bin Dinar.

That the Messenger of Allah (saws) said: "Whichever person becomes bankrupt, and a man finds his particular merchandise with him, then he is more deserving of it than others.

[He said:] There are narrations on this topic from Samurah and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to some of the people of knowledge and it is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Some of the people of knowledge said that he is just like one of the debtors. This is the view of the people of Al-Kufah.

That the Messenger of Allah (saws) said: "The earnings of the cupper is filth, the earnings of the fornicator (from harlotry) is filth, and the price of a dog is filth."

[He said:] There are narrations on this topic from 'Umar, 'Ali, Ibn Mas'ud, Abu Masu'd, Jabir, Abu Hurairah, Ibn 'Abbas, Ibn 'Umar, and 'Abdullah bin Ja'far.

[Abu 'Eisa said:] The Hadith is Rafi' is a Hasan Sahih Hadith. This is acted upon according to most of the people of knowledge, they disliked the price of a dog. This the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge permitted the price of the hunting dog.

That the Prophet (saws) said: "Whoever buys food, then he is not to sell it until he takes possession of it." Ibn 'Abbas said: "All things are considered the same (in this regard)."

[He said:] There are narrations on this topic from Jabir, Ibn 'Umar, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith.

AbdurRahman ibn Hasanah reported: I and Amr ibn al-'As went to the Prophet (saws). He came out with a leather shield (in his hand). He covered himself with it and urinated. Then we said: Look at him. He is urinating as a woman does. The Prophet (saws), heard this and said: Do you not know what befell a person from amongst Banu Isra'il (the children of Israel)? When urine fell on them, they would cut off the place where the urine fell; but he (that person) forbade them (to do so), and was punished in his grave.

Abu Dawud said: One version of Abu Musa has the wording: "he cut off his skin".

Another version of Abu Musa goes: "he cut off (part of) his body."

Urwah reported on the authority of his father that Abdullah ibn al-Arqam travelled for performing hajj (pilgrimage) or umrah. He was accompanied by the people whom he led in prayer. One day when he was leading them in the dawn (fajr) prayer, he said to them: One of you should come forward. He then went away to relieve himself. He said: I heard the Messenger of Allah (saws) say: When any of you feels the need of relieving himself while the congregational prayer is ready, he should go to relieve himself.

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 Messenger of Allah (saws) finished a prayer in which he had recited (the Qur'an) loudly, he asked: Did any of you recite along with me just now? A man replied: Yes, Messenger of Allah. He said: I am wondering what is the matter with me that I have been contended with reciting the Qur'an. He said: When the people heard that from the Messenger of Allah (saws) they ceased reciting (the Qur'an) along with him at the prayers in which he recited aloud.

Abu Dawud said: This tradition reported by Ibn Ukaimah has also been narrated by Ma'mar, Yunus, and Usamah b. Zaid on the authority of al-Zuhri similar to the tradition of Malik.