Yahya related to me from Malik from Jafar ibn Muhammad from his father that Ali ibn Abi Talib said, "When a man takes a vow to abstain from intercourse, divorce does not occur immediately. If four months pass, he must declare his intent and either he is divorced or he revokes his vow . "

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

We said, "O Allah's Apostle! (We know) this greeting (to you) but how shall we invoke Allah for you?" He said, "Say! Allahumma salli ala Muhammadin `Abdika wa rasulika kama- sallaita 'ala all Ibrahim wa barik ala Muhammadin wa'ala all Muhammadin kama barakta 'ala all Ibrahim.' Al-Laith said: 'Ala Muhammadin wa 'ala all Muhammadin kama barakta ala all Ibrahim.

Narrated Ibn Abi Hazim and Ad-Darawardi:

Yazid said, "Kama sallaita ala Ibrahima wa barik 'ala Muhammad in wa all Muhammadin kama barakta 'ala Abrahima wa all Ibrahim."

Yahya related to me from Malik from Ibn Shihab that Abu Ubayd, the mawla of Ibn Azhar said, "I was present at an id with Umar ibn al- Khattab. He prayed, and then after he had prayed he gave a khutba to the people and said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade fasting on these two days - the day you break your fast (after Ramadan), and the day you eat from your sacrifice (after Hajj) .' "

Abu Ubaydcontinued,"Then I was present at an id with Uthman ibn Affan. He came and prayed, and when he had finished he gave a khutba and said, 'Two ids have been joined together for you on this day of yours. If any of the people of al-Aliyya (the hills outlying Madina) want to wait for the jumua they can do so, and if any of them want to return, I have given them permission.' Abu Ubayd continued, "Then I was present at an id with AIi ibn Abi Talib (at the time when Uthman was being detained). He came and prayed, and then after he had prayed he gave a khutba."

"The Messenger of Allah (saws) entered upon me and said: 'Do you have anything?' I said: 'No, except a piece of hard bread and vinegar.' so he said: 'Bring it, for a house that has vinegar is not impoverished of condiments."

[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. We do not know of it as a Hadith of Umm Hani' except through this route. Abu Hamzah Ath-Thumali's (a narrator in the chain) name is Thabit bin Abi Safiyyah. And Umm Hani' died some time after 'Ali bin Abi Talib. I asked Muhammad about this Hadith. He said: "I do not know Ash-Sha'bi hearing from Umm Hani'." So I said: "How is Abu Hamzah according to you?" He said: "Ahmad bin Hanbal criticized him, but he is Muqarib (average) in Hadith to me."

That the Messenger of Allah (saws) said: "The dweller of the town is not to sell for the Bedouin."

[He said:] There are narrations on this topic from Talhah, Jabir, Anas, Ibn 'Abbas, Hakim bin Abi Yazid from his father, 'Amr bin 'Awf Al-Muzani the grandfather of Kathir bin 'Abdullah, and a man from the Companions of the Prophet (saws).

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Muhammad ibn Sirin that Umm Atiyya al-Ansariyya said, "The Messenger of Allah, may Allah bless him and grant him peace, came to us when his daughter died and said, 'Wash her three times, or five, or more than that if you think it necessary, with water and lotus leaves, and at the end put on some camphor, or a little camphor, and when you have finished let me know.' When we finished we told him, and he gave us his waist-wrapper and said, 'Shroud her with this.' "

When the Prophet intended to perform the `Umra he sent a person to the people of Mecca asking their permission to enter Mecca. They stipulated that he would not stay for more than three days and would not enter it except with sheathed arms and would not preach (Islam) to any of them. So `Ali bin Abi- Talib started writing the treaty between them. He wrote, "This is what Muhammad, Apostle of Allah has agreed to." The (Meccans) said, "If we knew that you (Muhammad) are the Apostle of Allah, then we would not have prevented you and would have followed you. But write, 'This is what Muhammad bin `Abdullah has agreed to..' " On that Allah's Apostle said, "By Allah, I am Muhammad bin `Abdullah, and, by Allah, I am Apostle of 'Allah." Allah's Apostle used not to write; so he asked `Ali to erase the expression of Apostle of Allah. On that `Ali said, "By Allah I will never erase it." Allah's Apostle said (to `Ali), "Let me see the paper." When `Ali showed him the paper, the Prophet erased the expression with his own hand. When Allah's Apostle had entered Mecca and three days had elapsed, the Meccans came to `Ali and said, "Let your friend (i.e. the Prophet) quit Mecca." `Ali informed Allah's Apostle about it and Allah's Apostle said, "Yes," and then he departed.

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.

Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

Abu bin Zam`a and Sa`d bin Abi Waqqas carried the case of their claim of the (ownership) of the son of a slave-girl of Zam`a before the Prophet. Sa`d said, "O Allah's Apostle! My brother, before his death, told me that when I would return (to Mecca), I should search for the son of the slave-girl of Zam`a and take him into my custody as he was his son." 'Abu bin Zam`a said, 'the is my brother and the son of the slave-girl of my father, and was born or my father's bed." The Prophet noticed a resemblance between `Utba and the boy but he said, "O 'Abu bin Zam`a! You will get this boy, as the son goes to the owner of the bed. You, Sauda, screen yourself from the boy."

Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.

Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."

I asked `Abdullah bin `Amr bin Al-`As to inform me of the worst thing the pagans had done to Allah's Apostle. He said: "While Allah's Apostle was praying in the courtyard of the Ka`ba, `Uqba bin Abi Mu'ait came and seized Allah's Apostle by the shoulder and twisted his garment round his neck and throttled him severely. Abu Bakr came and seized `Uqba's shoulder and threw him away from Allah's Apostle and said, "Would you kill a man because he says: 'My Lord is Allah,' and has come to you with clear Signs from your Lord?" (40.28)

That the Prophet (saws) said: "Whoever enters an orchard then let him eat, but not take any in his garment."

[He said:] There are narrations on this topic from 'Abdullah bin 'Amr, 'Abbad bin Shurahbil, Rafi' bin 'Amr, 'Umair the freed slave of Abi Al-Lahm, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is Gharib Hadith. We do not know of it from this route except from Yahya bin Sulaim. Some of the people of knowledge have permitted the wayfarer to eat from the fruits, and some of them disliked it without paying.

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 Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth."

Amra continued, "The slave took it and unstitched it and took out the cloak. In its place, he put some felt or skin and sewed it up again. When the mawla girls came to Madina, they gave it to his people. When they opened it, they found felt in it and did not find the cloak. They spoke to the two women and they spoke to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, or they wrote to her and suspected the slave. The slave was asked about it and confessed. A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave the order and his hand was cut off. A'isha said, 'A thief's hand is cut off for a quarter of a dinar and upwards.' "

Malik said, "The limit I prefer above which cutting off the hand is obliged is three dirhams, whether the exchange is high or low. That is because the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose value was three dirhams, and Uthman ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter."

Yahya related to me from Malik from Amr ibn Yahya ibn Yahya al- Mazini from Ibn Abi Salit that Uthman ibn Affan prayed jumua in Madina and asr in Malal (a place seventeen miles from Madina).

Malik commented, "That was by praying jumua just past midday and then travelling fast."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from Muhammad ibn Yahya ibn Habban that Ibn Muhayriz said, "I went into the mosque and saw Abu Said al-Khudri and so I sat by him and asked him about coitus interruptus. Abu Said al-Khudri said, 'We went out with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition to the Banu al-Mustaliq. We took some Arabs prisoner, and we desired the women as celibacy was hard for us. We wanted the ransom, so we wanted to practise coitus interruptus. We said, 'Shall we practise coitus interruptus while the Messenger of Allah, may Allah bless him and grant him peace, is among us before we ask him?' We asked him about that and he said, 'You don't have to not do it. There is no self which is to come into existence up to the Day of Rising but that it will come into existence.' "

Yahya related to me from Malik from Said ibn Sulayman ibn Zayd ibn Thabit that Kharija ibn Zayd ibn Thabit told him that he was sitting with Zayd ibn Thabit when Muhammad ibn Abi Atiq came to him with his eyes brimming with tears. Zayd asked him what the matter was. He said, "I gave my wife command of herself, and she separated from me." Zayd said to him, "What made you do that?" He said, "The Decree." Zayd said, "Return to her if you wish for it is only one pronouncement, and you have access to her."

When the Prophet of Allah (peace be upon him0 undertook his journey by the way of al-Far', he shouted talbiyah when his mount stood up with him on its back. But when he travelled by the way of Uhud, he raised his voice in Talbiyah when he ascended the hill of al-Bayda'.

from Abu Salama bin `Abdur-Rahman who had a dispute with some people on a piece of land, and so he went to `Aisha and told her about it. She said, "O Abu Salama, avoid the land, for Allah's Apostle said, 'Any person who takes even a span of land unjustly, his neck shall be encircled with it down seven earths.' "

Yahya related to me from Malik from Yahya ibn Said from Wafid ibn Amr ibn Said ibn Muadh from Nafi ibn Jubayr ibn Mutim from Masud ibn al-Hakam from AIi ibn Abi Talib that the Messenger of Allah, may Allah bless him and grant him peace, used to stand up when a funeral procession passed by, and then sit down again afterwards.

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhalaad-Dili from Mabad ibn Kab ibn Malik that Abu Qatada ibn Ribi used to relate that a funeral procession passed by the Messenger of Allah, may Allah bless him and grant him peace, and he said, "One is relieved and another others are relieved from." They said, "Who is the one relieved and the one from whom others are relieved?" He said, "A slave who is mumin is the one who is relieved from the exhaustion and suffering of this world to the mercy of Allah, and a wrong-acting slave is the one from whom people, towns, trees and animals are relieved."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Jundub, the mawla of Abdullah ibn Ayyash, said, "I asked Abdullah ibn Umar about prostatic fluid and he said, 'When you find it, wash your genitals and do wudu as for prayer.' "

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal.' "

I offered the funeral prayer behind Ibn `Abbas and he recited Al-Fatiha and said, "You should know that it (i.e. recitation of Al-Fatiha) is the tradition of the Prophet Muhammad.

Yahya related to me from Malik from Da'ud ibn al-Husayn from Abu Sufyan, the mawla of Ibn Abi Ahmad, from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, allowed the produce of an ariya to be bartered for an estimation of what the produce would be when the crop was less than five awsuq or equal to five awsuq. Da'ud wasn't sure whether he said five awsuq or less than five.

Malik said, ''Ariyas can be sold for an estimation of what amount of dried dates will be produced. The crop is examined and estimated while still on the palm. This is allowed because it comes into the category of delegation of responsibility, handing over rights, and involving a partner. Had it been like a form of sale, no one would have made someone else a partner in the produce until it was ready nor would he have renounced his right to any of it or put someone in charge of it until the buyer had taken possession."

I was sitting with some of the companions of Allah's Apostle and we were discussing about the way of praying of the Prophet. Abu Humaid As-Sa`idi said, "I remember the prayer of Allah's Apostle better than any one of you. I saw him raising both his hands up to the level of the shoulders on saying the Takbir; and on bowing he placed his hands on both knees and bent his back straight, then he stood up straight from bowing till all the vertebrate took their normal positions. In prostrations, he placed both his hands on the ground with the forearms away from the ground and away from his body, and his toes were facing the Qibla. On sitting In the second rak`a he sat on his left foot and propped up the right one; and in the last rak`a he pushed his left foot forward and kept the other foot propped up and sat over the buttocks."

Ka`b bin Ujrah met me and said, "Shall I not give you a present I got from the Prophet?" `Abdur- Rahman said, "Yes, give it to me." I said, "We asked Allah's Apostle saying, 'O Allah's Apostle! How should one (ask Allah to) send blessings on you, the members of the family, for Allah has taught us how to salute you (in the prayer)?' He said, 'Say: O Allah! Send Your Mercy on Muhammad and on the family of Muhammad, as You sent Your Mercy on Abraham and on the family of Abraham, for You are the Most Praise-worthy, the Most Glorious. O Allah! Send Your Blessings on Muhammad and the family of Muhammad, as You sent your Blessings on Abraham and on the family of Abraham, for You are the Most Praise-worthy, the Most Glorious.'"
Transliteration: "Allahumma Salli ala Muhammadin wa 'ala `Ali Muhammadin, kama sal-laita 'ala all Ibrahima innaka Hamidun Majid. Allahumma barik 'ala Muhammadin wa 'ala all Muhammadin, kama barakta 'ala all Ibrahima, innaka Hamidun Majid."

I heard Muawiya bin Abi Sufyan (repeating the statements of the Adhan) while he was sitting on the pulpit. When the Mu'adh-dhin pronounced the Adhan saying, "Allahu-Akbar, Allahu Akbar", Muawiya said: "Allah Akbar, Allahu Akbar." And when the Mu'adh-dhin said, "Ash-hadu an la ilaha illal-lah (I testify that none has the right to be worshipped but Allah)", Muawiya said, "And (so do) I". When he said, "Ash-hadu anna Muhammadan Rasulullah" (I testify that Muhammad is Allah's Apostle), Muawiya said, "And (so do) I". When the Adhan was finished, Muawiya said, "O people, when the Mu'adh-dhin pronounced the Adhan I heard Allah's Apostle on this very pulpit saying what you have just heard me saying".

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "My grandfather Habban had two wives, one from the Hashimites and one from the Ansars. He divorced the Ansariyya while she was nursing, and a year passed and he died and she had still not yet menstruated. She said, 'I inherit from him. I have not menstruated yet.' The wives quarrelled and went to Uthman ibn Affan. He decided that she did inherit, and the Hashimiyya rebuked Uthman. He said, 'This is the practice of the son of your paternal uncle. He pointed this out to us.' He meant Ali ibn Abi Talib."

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

I asked Anas bin Malik while we were proceeding from Mina to `Arafat, "What do you use to do on this day when you were with Allah's Apostle ?" Anas said, "Some of us used to recite Talbiya and nobody objected to that, and others used to recite Takbir and nobody objected to that."