that Yahya bin Sa`id bin Al-`As divorced the daughter of `Abdur-Rahman bin Al-Hakarn. `Abdur- Rahman took her to his house. On that `Aisha sent a message to Marwan bin Al-Hakam who was the ruler of Medina, saying, "Fear Allah, and urge your brother) to return her to her house." Marwan (in Sulaiman's version) said, "Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument)." (In Al-Qasim's versions Marwan said, "Have you not heard of the case of Fatima bint Qais?" Aisha said, "The case of Fatima bint Qais is not in your favor.' Marwan bin Al-Hakam said to `Aisha, "The reason that made Fatima bint Qais go to her father's house is just applicable to the daughter of `Abdur-Rahman."

Salim said: Abdullah informed me on the authority of Zaid b. Thabit, Allah's Messenger (may peace be upon him) having given concession afterwards in case of ariyya transactions by which dry dates can be exchanged with fresh dates, but he did not permit it in other cases.

During the affliction of Ibn Az-Zubair, two men came to Ibn `Umar and said, "The people are lost, and you are the son of `Umar, and the companion of the Prophet, so what forbids you from coming out?" He said, "What forbids me is that Allah has prohibited the shedding of my brother's blood." They both said, "Didn't Allah say, 'And fight then until there is no more affliction?" He said "We fought until there was no more affliction and the worship is for Allah (Alone while you want to fight until there is affliction and until the worship become for other than Allah." Narrated Nafi` (through another group of sub-narrators): A man came to Ibn `Umar and said, "O Abu `Abdur Rahman! What made you perform Hajj in one year and Umra in another year and leave the Jihad for Allah' Cause though you know how much Allah recommends it?" Ibn `Umar replied, "O son of my brother! Islam is founded on five principles, i.e. believe in Allah and His Apostle, the five compulsory prayers, the fasting of the month of Ramadan, the payment of Zakat, and the Hajj to the House (of Allah)." The man said, "O Abu `Abdur Rahman! Won't you listen to why Allah has mentioned in His Book: 'If two groups of believers fight each other, then make peace between them, but if one of then transgresses beyond bounds against the other, then you all fight against the one that transgresses. (49.9) and:--"And fight them till there is no more affliction (i.e. no more worshiping of others along with Allah)." Ibn `Umar said, "We did it, during the lifetime of Allah's Apostle when Islam had only a few followers. A man would be put to trial because of his religion; he would either be killed or tortured. But when the Muslims increased, there was no more afflictions or oppressions." The man said, "What is your opinion about `Uthman and `Ali?" Ibn `Umar said, "As for `Uthman, it seems that Allah has forgiven him, but you people dislike that he should be forgiven. And as for `Ali, he is the cousin of Allah's Apostle and his son-in-law." Then he pointed with his hand and said, "That is his house which you see."

Salama b. al-Akwa' (Allah be pleased with him) reported that the Messenger of Allah (may peace be upon him) sent a person of the tribe of Aslam on the day of 'Ashura and commanded him to declare to the people to observe fast in case they had not observed it, and to complete fast till evening if they had taken food

Sahl b. Abu Hathma reported Allah's Messenger (may peace be upon him) having forbidden Muzabana, i. e. exchange of fresh dates with dry dates. except in case of those to whom donations of some trees have been made. It is for them that concession has been given.

Abu Dawud said : By Abu Ghassan is meant Muhammad b. mutarrif.

Allah's Apostle said, "Help your brother whether he is an oppressor or an oppressed," A man said, "O Allah's Apostle! I will help him if he is oppressed, but if he is an oppressor, how shall I help him?" The Prophet said, "By preventing him from oppressing (others), for that is how to help him."

Allah's Apostle said, "Do not wish to be like anyone, except in two cases: (1) A man whom Allah has given wealth and he spends it righteously. (2) A man whom Allah has given wisdom (knowledge of the Qur'an and the Hadith) and he acts according to it and teaches it to others."

One night the Prophet got up and said, "Subhan Allah! How many afflictions Allah has revealed tonight and how many treasures have been sent down (disclosed). Go and wake the sleeping lady occupants of these dwellings up (for prayers), perhaps a well dressed in this world may be naked in the Hereafter."

When I entered upon Mu'awiyah, he said: How good your visit is to us, O father of so-and-so. (This is an idiom used by the Arabs on such occasions). I said: I tell you a tradition which I heard (from the Prophet). I heard the Messenger of Allah (saws) say: If Allah puts anyone in the position of authority over the affairs of the Muslims, and he secludes himself (from them), not fulfilling their needs, wants, and poverty, Allah will keep Himself away from him, not fulfilling his need, want and poverty. He said: He (Mu'awiyah) appointed a man to fulfil the needs of the people.

One night Allah's Apostle got up and said, "Subhan Allah! How many afflictions have been descended tonight and how many treasures have been disclosed! Go and wake the sleeping lady occupants of these dwellings (his wives) up (for prayers). A well-dressed (soul) in this world may be naked in the Hereafter. "

The Prophet said, "A Muhrim should not wear a shirt, a turban, trousers, hooded cloaks, a garment touched with (perfumes) of saffron or wars, or Khuffs (socks made from thick fabric or leather) except if one has no sandals in which case he should cut short the Khuffs below the ankles."

A man came to Allah's Apostle and said, "O Allah's Apostle! Suppose a man saw another man with his wife, should he kill him whereupon you might kill him (i.e. the killer) (in Qisas) or what should he do?" So Allah revealed concerning their case what is mentioned of the order of Mula'ana. Allah's Apostle said to the man, "The matter between you and your wife has been decided." So they did Mula'ana in the presence of Allah's Apostle and I was present there, and then the man divorced his wife. So it became a tradition to dissolve the marriage of those spouses who were involved in a case of Mula'ana. The woman was pregnant and the husband denied that he was the cause of her pregnancy, so the son was (later) ascribed to her. Then it became a tradition that such a son would be the heir of his mother, and she would inherit of him what Allah prescribed for her.

Allah's Apostle said, "My example and the example o the people is like that of a person who lit a fire and let the moths, butterflies and these insects fall in it." He also said, "There were two women, each of whom had a child with her. A wolf came and took away the child of one of them, whereupon the other said, 'It has taken your child.' The first said, 'But it has taken your child.' So they both carried the case before David who judged that the living child be given to the elder lady. So both of them went to Solomon bin David and informed him (of the case). He said, 'Bring me a knife so as to cut the child into two pieces and distribute it between them.' The younger lady said, 'May Allah be merciful to you! Don't do that, for it is her (i.e. the other lady's) child.' So he gave the child to the younger lady."

Once, while I was sitting beside Zaid bin Al-Arqam, he was asked, "How many Ghazwat did the Prophet undertake?" Zaid replied, "Nineteen." They said, "In how many Ghazwat did you join him?" He replied, "Seventeen." I asked, "Which of these was the first?" He replied, "Al-`Ashira or Al- `Ashiru."

A man paid in advance for a palm-tree. It did not bear fruit that year. They brought their case for decision to the Prophet (saws). He said: for which do you make his property lawful? He then said: Do not pay in advance for a palm-tree till they (the fruits) were clearly in good condition.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz decided in a case to make a reduction for crop damage.

Malik said, "That is what we do in the situation."

Malik added, "Crop damage is whatever causes loss of a third or more for the purchaser. Anything less is not counted as crop damage."

Maliksaid, "Payment of all types of kaffara, of zakat al-fitr and of the zakat on grains for which a tenth or a twentieth is due, is made using the smaller mudd, which is the mudd of the Prophet, may Allah bless him and grant him peace, except in the case of dhihar divorce, when the kaffara is paid using the mudd of Hisham, which is the larger mudd."

'Umar consulted the companions about the case of a woman's abortion (caused by somebody else). Al-Mughira said: The Prophet gave the verdict that a male or female slave should be given (as a Diya). Then Muhammad bin Maslama testified that he had witnessed the Prophet giving such a verdict.

A man came to the Prophet and said, "A man fights for pride and haughtiness another fights for bravery, and another fights for showing off; which of these (cases) is in Allah's Cause?" The Prophet said, "The one who fights that Allah's Word (Islam) should be superior, fights in Allah's Cause." (See Hadith No. 65, Vol. 4)

Allah's Apostle in his fatal illness said, "Allah cursed the Jews and the Christians, for they built the places of worship at the graves of their prophets." And if that had not been the case, then the Prophet's grave would have been made prominent before the people. So (the Prophet ) was afraid, or the people were afraid that his grave might be taken as a place for worship.

Regarding the explanation of the following verse:-- "If a wife fears Cruelty or desertion On her husband's part." (4.128) A man may dislike his wife and intend to divorce her, so she says to him, "I give up my rights, so do not divorce me." The above verse was revealed concerning such a case.

The Prophet said, "Soon others will be preferred to you, and there will be things which you will not like." The companions of the Prophet asked, "O Allah's Apostle! What do you order us to do (in this case)? " He said, "(I order you) to give the rights that are on you and to ask your rights from Allah."

You people say that Abu Huraira tells many narrations from Allah's Apostle and you also wonder why the emigrants and Ansar do not narrate from Allah's Apostle as Abu Huraira does. My emigrant brothers were busy in the market while I used to stick to Allah's Apostle content with what fills my stomach; so I used to be present when they were absent and I used to remember when they used to forget, and my Ansari brothers used to be busy with their properties and I was one of the poor men of Suffa. I used to remember the narrations when they used to forget. No doubt, Allah's Apostle once said, "Whoever spreads his garment till I have finished my present speech and then gathers it to himself, will remember whatever I will say." So, I spread my colored garment which I was wearing till Allah's Apostle had finished his saying, and then I gathered it to my chest. So, I did not forget any of that narrations.

Abu Dawud said: The version of Shu'bah has: That you give her food when you have food yourself, and that you clothe her when you clothe yourself.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

[Muslim].

His uncle (Anas bin An-Nadr) was absent from the battle of Badr and he said, "I was absent from the first battle of the Prophet (i.e. Badr battle), and if Allah should let me participate in (a battle) with the Prophet, Allah will see how strongly I will fight." So he encountered the day of Uhud battle. The Muslims fled and he said, "O Allah ! I appeal to You to excuse me for what these people (i.e. the Muslims) have done, and I am clear from what the pagans have done." Then he went forward with his sword and met Sad bin Mu'adh (fleeing), and asked him, "Where are you going, O Sad? I detect a smell of Paradise before Uhud." Then he proceeded on and was martyred. No-body was able to recognize him till his sister recognized him by a mole on his body or by the tips of his fingers. He had over 80 wounds caused by stabbing, striking or shooting with arrows.

One night the Prophet woke up, saying, "None has the right to be worshipped but Allah! How many afflictions have been sent down tonight, and how many treasures have been sent down (disclosed)! Who will go and wake up (for prayers) the lady dwellers of these rooms? Many well dressed soul (people) in this world, will be naked on the Day of Resurrection."

A man accused his wife of illegal sexual intercourse and denied his paternity to her (conceived) child during the lifetime of Allah's Apostle. Allah's Apostle ordered them both to do Mula'ana as Allah decreed and then gave his decision that the child would be for the mother, and a divorce decree was issued for the couple involved in a case of Mula'ana.

A man bit another man's hand and the latter pulled his hand out of his mouth by force, causing two of his incisors (teeth) to fall out. They submitted their case to the Prophet, who said, "One of you bit his brother as a male camel bites. (Go away), there is no Diya (Blood-money) for you."

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman . He said, "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

It has been narrated on the authority of Abdullah b. 'Umar that the Messenger of Allah (may peace be upon him) used to give (from the spoils of war) to small troops seat on expeditions something more than the due share of each fighter in a large force. And Khums (one-fifth of the total spoils) was to be reserved (for Allah and His Apostle) in all cases.

Should I not tell you how the Messenger of Allah (saws) led the prayer? He said: He had the iqamah announced, drew the men up in line and drew up the youths behind them, then led them in prayer. He then mentioned how he conducted it. and said: Thus is the prayer of......AbdulA'la said: I think he must have said: My people.