Mansur al-Kalbi said: Dihyah ibn Khalifah once went out from a village of Damascus at as much distance as it measures between Aqabah and al-Fustat during Ramadan; and that is three miles. He then broke his fast and the people broke their fast along with him. But some of them disliked to break their fast. When he came back to his village, he said: I swear by Allah, today I witnessed a thing of which I could not even think to see. The people detested the way of the Messenger of Allah (saws) and his Companions. He said this to those who fasted. At this moment he said: O Allah, make me die.

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, "One of the companions of the Messenger of Allah, may Allah bless him and grant him peace, came into the mosque on the day of jumua and Umar ibn al Khattab was already giving the khutba. Umar said, 'What (kind of) time is this (to arrive)?' He said, Amir al- muminin, I returned from the market and heard the call to prayer, so I did no more than do wudu.' Umar said, 'You only did wudu as well? You know that the Messenger of Allah, may Allah bless him and grant him peace, used to tell people to do ghusl.' "

Yahya related to me from Malik from Nafi that he had heard Aslam, the mawla of Umar ibn al-Khattab, telling 'Abdullah ibn Umar that Umar ibn al-Khattab once saw a dyed garment on Talha ibn Ubaydullah while he was in ihram and Umar said, "What is this dyed garment, Talha?", and Talha said, "Amir al-muminin, it is only mud.'' Umar said, "You and your like are taken by people as imams, and if an ignorant man were to see this garment he would say that Talha ibn Ubaydullah used to wear a dyed robe while he was in ihram. So do not wear any form of dyed clothes."

Yahya related to me from Malik, from Nafi, from Nubayh ibn Wahb, who was from the tribe of Bani Abd ad-Dar, that Umar ibn Ubaydullah sent a message to Aban ibn Uthman (who was amir of the hajj at the time), while both of them were in ihram, saying, "I want to marry Bint Shayba ibn Jubayr to Talha ibn Umar and I want you to be present." Aban told him that he should not do that and said, "I heard Uthman ibn Affan say that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A man in ihram should not marry, or give in marriage, or get betrothed.' "

That the Messenger of Allah (saws): "A riding animal can be ridden while it is pawned, and a milking animal can be milked while it is pawned, and it is up to the one riding and drinking (the milk) to maintain it."

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

We do now know of it being Marfu' except by the narration of 'Amir Ash-Sha'bi from Abu Hurairah. Others have reported this Hadith from Al-A'mash, from Abu Salih, from Abu Hurairah in Mawquf form.

This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

Some of the people of knowledge said that one may not benefit in any way from what is pawned.

I heard the Messenger of Allah (saws) say: Allah, Most High, will cause three persons to enter Paradise for one arrow: the maker when he has a good motive in making it, the one who shoots it, and the one who hands it; so shoot and ride, but your shooting is dearer to me than your riding. Everything with which a man amuses himself is vain except three (things): a man's training of his horse, his playing with his wife, and his shooting with his bow and arrow. If anyone abandons archery after becoming an adept through distaste for it, it is a blessing he has abandoned; or he said: for which he has been ungrateful.

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.

Yahya related to me from Malik from Zayd ibn Aslam that his father said, "Abdullah ibn al-Arqam said, 'Show me a riding-camel which the amir al-muminim can give me to use.' I said, 'Yes. One of the sadaqa camels.' Abdullah ibn al-Arqam said, 'Would you want a stout man on a hot day to wash for you what is under his lower garment and its folds, and then give it to you to drink?' I was angry and said, 'May Allah forgive you! Why do you say such things to me?' Abdullah ibn al-Arqam said, 'Sadaqa is the impurities of people which they wash off themselves.' "

Yahya related to me from Malik from Zayd ibn Aslam from his brother Khalid ibn Aslam that Umar ibn al-Khattab once broke thefast on a cloudy day thinking that evening had come and the sun had set. Then a man came to him and said, "Amir al-muminin, the sun has come out,'' and Umar said, "That's an easy matter. It was our deduction (ijtihad)."

Malik said, "According to what we think, and Allah knows best, what he was referring to when he said, 'That's an easy matter' was making up the fast, and how slight the effort involved was and how easy it was. He was saying (in effect), 'We will fast another day in its place.' "

I heard An-Nu`man bin Bashir on the pulpit saying, "My father gave me a gift but `Amra bint Rawaha (my mother) said that she would not agree to it unless he made Allah's Apostle as a witness to it. So, my father went to Allah's Apostle and said, 'I have given a gift to my son from `Amra bint Rawaha, but she ordered me to make you as a witness to it, O Allah's Apostle!' Allah's Apostle asked, 'Have you given (the like of it) to everyone of your sons?' He replied in the negative. Allah's Apostle said, 'Be afraid of Allah, and be just to your children.' My father then returned and took back his gift."

Yahya related to me from Malik from Thabit ibn al-Ahnaf that he married an umm walad of Abd ar-Rahman ibn Zayd ibn al-Khattab. He said, "Abdullah ibn Abd ar-Rahman ibn Zayd ibn al-Khattab summoned me and I went to him. I came in upon him and there were whips and two iron fetters placed there, and two of his slaves whom he had made to sit there. He said, 'Divorce her, or by He by whom one swears, I will do such-and-such to you!' I said, 'It is divorce a thousand times.' Then I left him and I saw Abdullah ibn Umar on the road to Makka and I told him about my situation. Abdullah ibn Umar was furious, and said, 'That is not divorce, and she is not haram for you, so return to your home.' I was still not at ease so I went to Abdullah ibn az-Zubayr who was the Amir of Makka at that time. I told him about my situation and what Abdullah ibn Umar had said to me. Abdullah ibn az-Zubayr said to me, 'She is not haram for you, so return to your home,' and he wrote to Jabir ibn al-Aswad az-Zuhra who was the Amir of Madina and ordered him to punish Abdullah ibn Abdar-Rahman and to have him leave me and my family alone. I went to Madina, and Safiyya, the wife of Abdullah ibn Umar fitted out my wife so that she could bring her to my house with the knowledge of Abdullah ibn Umar. Then I invited Abdullah ibn Umar on the day of my wedding to the wedding feast and he came."

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

Abu Dawud and others have said: When a she-camel enters fourth year, the female is called hiqqah, and the male is called hiqq, for it deserves that it should be loaded and ridden. When a camel enters its fifth year, the male is called Jadha' and the female is called Jadha'ah. When it enters its sixth year, and sheds its front teeth, it is called thani (male) and thaniyyah (female). When it enters its seventh year, it is called raba' and raba'iyyah. When it enters its ninth year and cuts its canine teeth, it is called bazil. When it enters its tenth year, it is called mukhlif. Then there is no name for it, but is called bazil'am and bazil'amain, and mukhlif'am and mukhlif'amain, upto any year it increases. Nad d. Shumail said: Bint makhad is a she-camel of one year, and bin labun is s she-camel of two years, hiqqah is a she-camel of three years, jadha'ah is a she-camel of four years, thani is a camel of five years, raba' is a camel of six years, sadis is a camel of seven years, and bazil is a camel of eight years.

Abu Dawud said: Abu Hatim and al-Asma'i said: Al-Jadhu'ah is a time when no tooth is growing. Abu Hatim said: Some of them said: When it sheds its teeth between front and canine teeth, it is called raba' and when it sheds its front teeth, it is called thani. Abu 'Ubaid said: When it becomes pregnant, it is called khalifah, and it remains khalifah for ten months; when it reaches ten months, it is called 'ushara', Abu Hatim said: When it shed its front teeth, it is called thani and when it sheds its teeth between front and canine teeth it is called raba'.

Yahya related to me from Malik from Muhammad ibn al-Munkadir and from Salim ibn Abi'n-Nadr, the mawla of Umar ibn Ubaydullah that Amir ibn Sad ibn Abi Waqqas heard his father ask Usama ibn Zayd, "Have you heard anything from the Messenger of Allah, may Allah bless him and grant him peace, about the plague?" Usama said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The plague is a punishment that was sent down on a party of the Banu Israil or whoever was before them. When you hear of it in a land, do not enter it. If it comes upon a land and you are in it, do not depart in flight from it.' "

Malik said that Abu'n-Nadr said, "That is, do not depart with no other intention but flight."

Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab said, "Beware of meat. It has addictiveness like the addictiveness of wine."

Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab saw Jabir ibn Abdullah carrying some meat. He said, "What is this?" He said, "Amir al- muminin. We desired meat and I bought some meat for a dirham." Umar said, "Does one of you want to fill his belly apart from his neighbour or nephew? How can you overlook this ayat? 'You squandered your good things in the life of this world and sought comfort in them.' " (Sura 46 ayat 20).

When Al-Hasan bin `Ali moved with army units against Muawiya, `Amr bin AL-As said to Muawiya, "I see an army that will not retreat unless and until the opposing army retreats." Muawiya said, "(If the Muslims are killed) who will look after their children?" `Amr bin Al-As said: I (will look after them). On that, `Abdullah bin 'Amir and `Abdur-Rahman bin Samura said, "Let us meet Muawaiya and suggest peace." Al-Hasan Al-Basri added: No doubt, I heard that Abu Bakra said, "Once while the Prophet was addressing (the people), Al-Hasan (bin `Ali) came and the Prophet said, 'This son of mine is a chief, and Allah may make peace between two groups of Muslims through him."

Yahya related to me from Malik from Abdullah ibn Abi Bakr that a man from the Ansar was praying in a garden of his in Quff, one of the valleys of Madina, during the date season and the palms' branches were weighed down with fruit on all sides. He looked at them and what he saw of their fruits amazed him. Then he went back to his prayer and he did not know how much he had prayed. He said, "A trial has befallen me in this property of mine." So he went toUthman ibn Affan, who was the khalifa at the time, and mentioned it to him and said, "It is sadaqa, so give it away in the paths of good." Uthman ibn Affan sold it for fifty thousand and so that property became known as the Fifty.

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, from Malik ibn Abi Amir that Uthman ibn Affan used to say in khutbas, and he would seldom omit it if he was giving the khutba, "When the imam stands delivering the khutba on the day of jumua, listen and pay attention, for there is the same portion for someone who pays attention but cannot hear as for someone who pays attention and hears. And when the iqama of the prayer is called, straighten your rows and make your shoulders adjacent to each other, because the straightening of the rows is part of the completion of the prayer." Then he would not say the takbir until some men who had been entrusted with straightening the rows came and told him that they were straight. Then he would say the takbir.

Yahya related to me from Malik fromAbdullah ibn Abi Bakr that a mawla of Amir bint Abd ar-Rahman called Ruqayya told him that she once set out with Amra bint Abd ar-Rahman to go to Makka. She said, ''Amra entered Makka on the eighth of Dhu'l-Hijja, and I was with her. She did tawaf of the House, and say between Safa and Marwa, and then entered the back of the mosque. She asked me, 'Do you have a pair of scissors with you?' and I said, 'No.' She said, 'Then try and find some for me.' I went and looked for some and brought them back and she cut some hair from the tresses of her head.Then, on the day of sacrifice, she slaughtered a sheep."

I came while the Prophet (saws) was saying the prayer. I sat down and did not pray along with them. The Messenger of Allah (saws) turned towards us and saw that Yazid was sitting there. He said: Did you not embrace Islam, Yazid? He replied: Why not, Messenger of Allah; I have embraced Islam. He said: What prevented you from saying prayer along with the people? He replied: I have already prayed in my house, and I thought that you had prayed (in congregation). He said: When you come to pray (in the mosque) and find the people praying, then you should pray along with them, though you have already prayed. This will be a supererogatory prayer for you and that will be counted as obligatory.

"I heard Sulaim bin 'Amir saying: 'There was a treaty between Mu'awiyah and the people of Rome. He was making an expedition into their lands so that when the period of the treaty was expires he would attack them. So when a man upon an animal' - or - 'upon a horse said: "Allahu Akbar! Fulfillment not betrayal!" - and it turned out to be 'Amr bin 'Abasah - Mu'awiyah asked him about that. He said: "I heard the Messenger of Allah (saws) said: 'Whoever has a treaty between himself and a people, then let him not violate the treaty nor try to change it until its time has passed, or , in retribution for a similar offense.'" He said: "So Mu'awiyah returned with the people."

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

The Prophet and Abu Bakr employed a (pagan) man from the tribe of Bani Ad-Dail and the tribe of Bani 'Abu bin `Adi as a guide. He was an expert guide and he broke the oath contract which he had to abide by with the tribe of Al-`Asi bin Wail and he was on the religion of Quraish pagans. The Prophet and Abu Bakr had confidence in him and gave him their riding camels and told him to bring them to the Cave of Thaur after three days. So, he brought them their two riding camels after three days and both of them (The Prophet and Abu Bakr) set out accompanied by 'Amir bin Fuhaira and the Dili guide who guided them below Mecca along the road leading to the sea-shore.

The people of Medina were forced to prepare an army (to fight against the people of Sham during the caliphate of `Abdullah bin Az-Zubair at Mecca), and I was enlisted in it; Then I met `Ikrima, the freed slave of Ibn `Abbas, and informed him (about it), and he forbade me strongly to do so (i.e. to enlist in that army), and then said, "Ibn `Abbas informed me that some Muslim people were with the pagans, increasing the number of the pagans against Allah's Apostle. An arrow used to be shot which would hit one of them (the Muslims in the company of the pagans) and kill him, or he would be struck and killed (with a sword)." Then Allah revealed:-- "Verily! as for those whom the angels take (in death) while they are wronging themselves (by staying among the disbelievers)" (4.97) Abu AlAswad also narrated it.

That while he was included in a delegation of Quraish staying with Muawiya, Muawiya heard that `Abdullah bin `Amr had said that there would be a king from Qahtan tribe, whereupon he became very angry. He stood up, and after glorifying and praising Allah as He deserved, said, "To proceed, I have come to know that some of you men are narrating things which are neither in Allah's Book, nor has been mentioned by Allah's Apostle . Such people are the ignorant among you. Beware of such vain desires that mislead those who have them. I have heard Allah's Apostle saying, 'This matter (of the caliphate) will remain with the Quraish, and none will rebel against them, but Allah will throw him down on his face as long as they stick to the rules and regulations of the religion (Islam).'"

Sabra b. Ma'bad reported that Allah's Apostle (may peace be upon him) permitted his Companions to contract temporary marriage with women in the Year of Victory. So I and a friend of mine from Banu Sulaim went out, until we found a young woman of Banu Amir who was like a young she-camel having a long neck. We proposed to her for contracting temporary marriage with us, and presented to her our cloaks (as dower). She began to look and found me more handsome than my friend, but found the cloak of my friend more beautiful than my cloak. She thought in her mind for a while, but then preferred me to my friend. So I remained with her for three (nights), and then Allah's Messenger (may peace be upon him) commanded us to part with them (such women).

'Uthman prayed four rak'ahs at Mina. 'Abd Allah (b. Mas'ud) said: I prayed two rak'ahs along with the Prophet (saws) and two rak'ahs along with 'Umar. The version of Hafs added: And along with 'Uthman during the early period of his caliphate. He ('Uthman) began to offer complete prayer (i.e. four rak'ahs) later on. The version of Abu Mu'awiyah added: Then your modes of action varied. I would like to pray two rak'ahs acceptable to Allah instead of four rak'ahs.

Al-A'mash said: Mu'awiyah b. Qurrah reported to me from his teachers: 'Abd Allah (b. Mas'ud) once prayed four rak'ahs. He was told: You criticized 'Uthman but you yourself prayed four ? He replied: Dissension is evil.

The Messenger of Allah (saws) sent us on foot to get spoil, but we returned without getting any. When he saw the signs of distress on our faces, he stood up on our faces and said: O Allah, do not put them under my care, for I would be too weak to care for them; do not put them in care of themselves, for they would be incapable of that, and do not put them in the care of men, for they would choose the best things for themselves. He then placed his hand on my head and said: Ibn Hawalah, when you see the caliphate has settled in the holy land, earthquakes, sorrows and serious matters will have drawn near and on that day the Last Hour will be nearer to mankind than this hand of mine is to your head.

Abu Dawud said: 'Abd Allah b. Hawalah belongs to Hims.

On his father's authority, said that his grandfather reported that the value of the blood-money at the time of the Messenger of Allah (saws) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims.

He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.

Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Muriyi say, "Zayd ibn Thabit al-Ansari and Ibn Muti had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the mimbar. Zayd ibn Thabit said, 'I swear to it where I am.' Marwan said, 'No, by Allah! only in the place of sorting out claims (i.e. the mimbar).' Zayd ibn Thabit began to take an oath that his right was true, and he refused to take an oath near the mimbar. Marwan ibn al-Hakam began to wonder at that."

Malik said, "I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar, and that is three dirhams."

Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a man from the Banu Sulaym, found an abandoned child in the time of Umar ibn al-Khattab. Sunayn took him to Umar ibn al-Khattab. He asked, "What has induced you to take this person?" He answered, "I found him lost, so I took him.'' Umar's advisor said to him,' 'Amir al-Muminin! He is a man who does good." Umar inquired of him, "Is it so?" He replied, "Yes." Umar ibn al-Khattab said, "Go, he is free, and you have his wala' inheritance, and we will provide for him."

Yahya said that he heard Malik say, "What is done in our community about an abandoned child is that he is free, and his wala' inheritance belongs to the muslims, and they inherit from him and pay his blood money."

Yahya related to me from Malik that Nafi and Abdullah ibn Dinar told him that Abdullah ibn Umar arrived at Kufa and went to Sad ibn Abi Waqqas, who was the Amir of Kufa at that time. Abdullah ibn Umar saw him wiping over his leather socks and disapproved of it. So Sad said to him, "Ask your father when you get back." Abdullah returned but forgot to ask Umar about the matter until Sad arrived and said, "Have you asked your father?" and he said, "No."

Abdullah then asked Umar and Umar replied, "If your feet are ritually pure when you put them in the leather socks then you can wipe over the socks." Abdullah said ,"What about if we have just come from relieving ourselves?" Umar said, "Yes, even if you have just come from relieving yourself."

Yahya related to me from Malik that he had heard from Amir ibn Sad ibn Abi Waqqas that his father said, "There were two brothers, one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Wasn't the other one a muslim?' They said, 'Of course, Messenger of Allah, and there was no harm in him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.' "

"I said: 'O Messenger of Allah! We come across a people and they do not host us, and they do not give us our rights, and we do not take anything from them. So the Messenger of Allah (saws) said: 'If they refuse such that you can only take by force, then take.'"

[Abu 'Eisa said:] This Hadith is Hasan. It has been reported by Al-Laith bin Sa'd from Yazid bin Abi Habib as well.

This Hadith only means that they would go out for battles and they would pass a people among whom they would not find any food to buy for a price. So the Prophet (saws) told them: If they refuse to sell you, such that you have to take it forcefully, then take it. This is how the explanation has been related in some of the Ahadith. And it has been related that 'Umar bin Al-Khattab, may Allah be please with him, would order similarly.