Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave.

Malik said, "What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values."

(One night) I stayed overnight in the house of my aunt Maimuna, and said to myself, "I will watch the prayer of Allah's Apostle " My aunt placed a cushion for Allah's Apostle and he slept on it in its length-wise direction and (woke-up) rubbing the traces of sleep off his face and then he recited the last ten Verses of Surat-al-`Imran till he finished it. Then he went to a hanging water skin and took it, performed the ablution and then stood up to offer the prayer. I got up and did the same as he had done, and stood beside him. He put his hand on my head and held me by the ear and twisted it. He offered two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at, and finally the witr (i.e. one rak`a) prayer.

The Prophet said, "Your life in comparison to the lifetime of the past nations is like the period between the time of `Asr prayer and sunset. Your example and the example of the Jews and Christians is that of person who employed laborers and said to them, "Who will work for me till the middle of the day for one Qirat (a special weight)?' The Jews did. He then said, "Who will work for me from the middle of the day till the `Asr prayer for one Qirat each?" The Christians worked accordingly. Then you (Muslims) are working from the `Asr prayer till the Maghrib prayer for two Qirats each. They (the Jews and the Christians) said, 'We did more labor but took less wages.' He (Allah) said, 'Have I wronged you in your rights?' They replied, 'No.' Then He said, 'This is My Blessing which I give to whom I wish."

Some of the companions of the Prophet passed by some people staying at a place where there was water, and one of those people had been stung by a scorpion. A man from those staying near the water, came and said to the companions of the Prophet, "Is there anyone among you who can do Ruqya as near the water there is a person who has been stung by a scorpion." So one of the Prophet's companions went to him and recited Surat-al-Fatiha for a sheep as his fees. The patient got cured and the man brought the sheep to his companions who disliked that and said, "You have taken wages for reciting Allah's Book." When they arrived at Medina, they said, ' O Allah's Apostle! (This person) has taken wages for reciting Allah's Book" On that Allah's Apostle said, "You are most entitled to take wages for doing a Ruqya with Allah's Book."

The Prophet stood up among us and addressed (saying) "You will be gathered, barefooted, naked, and uncircumcised (as Allah says): 'As We began the first creation, We shall repeat it..' (21.104) And the first human being to be dressed on the Day of Resurrection will be (the Prophet) Abraham Al-Khalil. Then will be brought some men of my followers who will be taken towards the left (i.e., to the Fire), and I will say: 'O Lord! My companions whereupon Allah will say: You do not know what they did after you left them. I will then say as the pious slave, Jesus said, And I was witness over them while I dwelt amongst them..........(up to) ...the All-Wise.' (5.117-118). The narrator added: Then it will be said that those people (relegated from Islam, that is) kept on turning on their heels (deserted Islam).

Allah's Apostle forbade Al-Wisal (fasting continuously for more than one day without taking any meals). A man from the Muslims said, "But you do Al-Wisal, O Allah's Apostle!" Allah's Apostle I said, "Who among you is similar to me? I sleep and my Lord makes me eat and drink." When the people refused to give up Al-Wisal, the Prophet fasted along with them for one day, and did not break his fast but continued his fast for another day, and when they saw the crescent, the Prophet said, "If the crescent had not appeared, I would have made you continue your fast (for a third day)," as if he wanted to punish them for they had refused to give up Al-Wisal.

"A man from the Muslims and a man from the Jews quarrelled, and the Muslim said, "By Him Who gave superiority to Muhammad over all the people!" The Jew said, "By Him Who gave superiority to Moses over all the people!' On that the Muslim lifted his hand and slapped the Jew. The Jew went to Allah's Apostle and informed him of all that had happened between him and the Muslim. The Prophet said, "Do not give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection, I will be the first to regain consciousness and behold, Moses will be standing there, holding the side of the Throne. I will not know whether he has been one of those who have fallen unconscious and then regained consciousness before me, or if he has been one of those exempted by Allah (from falling unconscious)." (See Hadith No. 524, Vol. 8)

Yahya related to me from Malik from Umara ibn Yasar that Ata ibn Yasar told him that Abu Ayyub al-Ansari had told him, "We used to sacrifice one sheep, and a man sacrificed for himself and his family. Then later on people began to compete with each other and it became boasting."

Malik said, "The best that I have heard about a single camel, cow or sheep, is that a man should sacrifice a camel for himself and his family. He sacrifices a cow or sheep which he owns for his family, and shares with them in it. It is disapproved for a group of people to buy a camel, cow or sheep, to share for the ritual and sacrifices, each man giving a share of its price, and taking a share of its meat. We have heard the tradition that people do not share in the ritual. However, it may be that the people of one household can share."

The Prophet delivered a sermon and said, "Allah gave a choice to one of (His) slaves either to choose this world or what is with Him in the Hereafter. He chose the latter." Abu Bakr wept. I said to myself, "Why is this Sheikh weeping, if Allah gave choice to one (of His) slaves either to choose this world or what is with Him in the Here after and he chose the latter?" And that slave was Allah's Apostle himself. Abu Bakr knew more than us. The Prophet said, "O Abu Bakr! Don't weep. The Prophet added: Abu- Bakr has favored me much with his property and company. If I were to take a Khalil from mankind I would certainly have taken Abu Bakr but the Islamic brotherhood and friendship is sufficient. Close all the gates in the mosque except that of Abu Bakr.

My father and I went to Abi Barza Al-Aslami and my father said to him, "Tell us how Allah's Apostle used to offer the compulsory congregational prayers." He said, "He used to pray the Zuhr prayer, which you call the first prayer, as the sun declined at noon, the `Asr at a time when one of US could go to his family at the farthest place in Medina while the sun was still hot. (The narrator forgot what Abu Barza had said about the Maghrib prayer), and the Prophet preferred to pray the `Isha' late and disliked to sleep before it or talk after it. And he used to return after finishing the morning prayer at such a time when it was possible for one to recognize the person sitting by his side and he (the Prophet) used to recite 60 to 100 'Ayat' (verses) of the Qur'an in it."

I asked Anas bin Malik about the Qunut. Anas replied, "Definitely it was (recited)". I asked, "Before bowing or after it?" Anas replied, "Before bowing." I added, "So and so has told me that you had informed him that it had been after bowing." Anas said, "He told an untruth (i.e. "was mistaken," according to the Hijazi dialect). Allah's Apostle recited Qunut after bowing for a period of one month." Anas added, "The Prophet sent about seventy men (who knew the Qur'an by heart) towards the pagans (of Najd) who were less than they in number and there was a peace treaty between them and Allah's Apostle (but the Pagans broke the treaty and killed the seventy men). So Allah's Apostle recited Qunut for a period of one month asking Allah to punish them."

"The Messenger of Allah (saws) entered Makkah, and his standard was white."

[Abu 'Eisa said:] This Hadith is Gharib, we do know of it except as a narration of Yayha bin Adam from Sharik. He said: I asked Muhammad about this Hadith, but he did not know it except as a narration of Yahya bin Adam from Sharik, he said: "More than one narrator has narrated to us from Sharik from 'Ammar bin Abu Az-Zubair from Jabir: 'The Prophet (saws) entered Makkah and he was wearing a black 'Imamah.'"

Muhammad said: "This is the Hadith."

[Abu 'Eisa said:] Duhn is a branch of Bajilah (the tribe), and 'Ammar ad-Duhni (one of the narrators) is 'Ammar bin Mu'awiyah Ad-Duhni, and his kunyah is Abu Mu'awiyah, he is from Al-Kufah, and he is trustworthy according to the people of Hadith.

That the Prophet (saws) disliked Shikal in horses.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Shu'bah reported similarly from 'Abdullah bin Yazid Al-Khath'ami, from Abu Zur'ah (one of the narrators in the chain of this Hadith), from Abu Hurairah, from the Prophet (saws). Abu Zur'ah bin 'Amr bin Jarir's name is Harim.

Muhammed bin Hammad Ar-Razi narrated to us (he said): "Jarir narrated to us from 'Umarah bin Al-Qa'qa' who said: 'Ibrahim An-Nakha'i said to me: "When you narrate from me, then narrate from me from Abu Zur'ah, for one time he narrated a Hadith to me, then I asked him about it two years later, and he did not leave a letter out of it."

The Prophet said, "Your example and the example of the people of the two Scriptures (i.e. Jews and Christians) is like the example of a man who employed some laborers and asked them, 'Who will work for me from morning till midday for one Qirat?' The Jews accepted and carried out the work. He then asked, Who will work for me from midday up to the `Asr prayer for one Qirat?' The Christians accepted and fulfilled the work. He then said, 'Who will work for me from the `Asr till sunset for two Qirats?' You, Muslims have accepted the offer. The Jews and the Christians got angry and said, 'Why should we work more and get lesser wages?' (Allah) said, 'Have I withheld part of your right?' They replied in the negative. He said, 'It is My Blessing, I bestow upon whomever I wish .'

While I was riding a (slow) and tired camel, the Prophet passed by and beat it and prayed for Allah's Blessings for it. The camel became so fast as it had never been before. The Prophet then said, "Sell it to me for one Uqiyya (of gold)." I said, "No." He again said, "Sell it to me for one Uqiyya (of gold)." I sold it and stipulated that I should ride it to my house. When we reached (Medina) I took that camel to the Prophet and he gave me its price. I returned home but he sent for me (and when I went to him) he said, "I will not take your camel. Take your camel as a gift for you." (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina).

We used to worship stones, and when we found a better stone than the first one, we would throw the first one and take the latter, but if we could not get a stone then we would collect some earth (i.e. soil) and then bring a sheep and milk that sheep over it, and perform the Tawaf around it. When the month of Rajab came, we used (to stop the military actions), calling this month the iron remover, for we used to remove and throw away the iron parts of every spear and arrow in the month of Rajab. Abu Raja' added: When the Prophet sent with (Allah's) Message, I was a boy working as a shepherd of my family camels. When we heard the news about the appearance of the Prophet, we ran to the fire, i.e. to Musailima al-Kadhdhab.

The Messenger of Allah (saws) led one section in one rak'ah of prayer and the other section was facing the enemy. Then they turned away and took the position of the other section. They (the other section) came and he (the Prophet) led them in the second rak'ah. He then uttered the salutation. Thereafter they stood up and completed the remaining rak'ah, they went away and the other section completed their remaining rak'ah.

Abu Dawud said: This tradition has been narrated by Nafi' and Khalid b. Ma'dan from Ibn 'Umar in like manner from the Prophet (saws). This has also been transmitted similarly by Masruq ad Yusuf b. Mihran on the authority of Ibn 'Abbas. This has been narrated by Yunus from al-Hasan from Abu Musa something similarly, saying that Abu Musa has done so.

The Messenger of Allah (saws) used to say at the end of his witr: "O Allah, I seek refuge in Thy good pleasure from Thy anger, and in Thy forgiveness from Thy punishment, and I seek refuge in Thy mercy from Thy wrath. I cannot reckon the praise due to Thee. Thou art as Thou hast praised Thyself."

Abu Dawud said: Hisham is the earliest teacher of Hammad. Yahya b. Ma'in said: No one is reported to have narrated traditions form him except Hammad b. Salamah.

Abu Dawud said: Ubayy b. Ka'b said: The Messenger of Allah (saws) recited supplication in the witr before bowing.

Abu Dawud said: This tradition has also been narrated by 'Isa b. Yunus through a different chain of narrators from Ubayy b. Ka'b. He also narrated it through a different chain of narrators on the authority of Ubayy b. Ka'b that the Messenger of Allah (saw) recited the supplication in the witr before bowing.

Abu Dawud said: The chain of narrators of the tradition of Sa'id from Qatadah goes: Yazid b. Zurai' narrated from Sa'id, from Qatadah, from 'Azrah, from Sa'id b. 'Abd al-Rahman b. Abza, on the authority of his father, from the Prophet (saws). This version does not mention the supplication and the name of Ubayy. This tradition has also been narrated by 'Abd al-A'la and Muhammad b. Bishr al-'Abdi. He heard the traditions from 'Isa b. Yunus at Kufah. They did not mention the supplication in their version.

This tradition has also been narrated by Hisham al-Dastuwa'i and Shu'bah from Qatadah. They did not mention the supplication in their version. The tradition of Zubaid has been narrated by Sulaiman al-A'mash, Shu'bah, 'Abd al-Malik b. Abi Sulaiman, and Jarir b. Hazim; all of them narrated on the authority of Zubaid. None of them mention the supplication in his version, except in the tradition transmitted by Hafs b. Ghiyath from Mis'ar from Zubaid; he narrated in his version that he (the Prophet) recited supplication before bowing.

Abu Dawud said: This version of tradition is not well know. There is doubt that Hafs might have narrated this tradition from some other narrator than Mis'ar.

Abu Dawud said: It is reported that Ubayy (b. Ka'b) used to recited the supplication )in the witr) in the second half of Ramadan.

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

Abu Dawud said: This woman was the wife of Abu Dharr.

The Messenger of Allah (saws) said: One who was devoted to the Qur'an will be told to recite, ascend and recite carefully as he recited carefully when he was in the world, for he will reach his abode when he comes to the last verse he recites.

The Prophet (saws) said: One of you should not say: I fasted the whole of Ramadan, and I prayed during the night in the whole of Ramadan. I do not know whether he disliked the purification; or he (the narrator) said: He must have slept a little and taken rest.

Messenger of Allah, one of us shoots at the game, and follows its mark for two or three days, and then finds it dead, and there is his arrow (pierced) in it, may he eat it? He said: Yes, if he wishes, or he said: he may eat if he wishes.

The Prophet (saws) said: A woman gets inheritance from the three following: one she has set free, a foundling, and her child about whom she has invoked a curse on herself if she was untrue in declaring he was not born out of wedlock.

The Prophet (saws) forbade selling fruits years ahead, and commanded that unforeseen loss be remitted in respect of what is affected by blight.

Abu Dawud said: The attribution of the tradition regarding the effect of blight is one-third of the produce to the Prophet (saws) is not correct. This is the opinion of the people of Medina.

The Prophet (saws) said: If anyone is given a legal decision ignorantly, the sin rests on the one who gave it. Sulayman al-Mahri added in his version: If anyone advises his brother, knowing that guidance lies in another direction, he has deceived him. These are the wordings of Sulayman.

The Prophet (saws) said: Allah will raise for this community at the end of every hundred years the one who will renovate its religion for it.

Abu Dawud said: 'Abd al-Rahman bin Shuriah al-Iskandarani has also transmitted this tradition, but he did not exceed Shrahil.

The Prophet (saws) said: Let me not find one of you reclining on his couch when he hears something regarding me which I have commanded or forbidden and saying: We do not know. What we found in Allah's Book we have followed.

Another chain reports a similar hadith.