"I asked Ibn 'Umar about what containers the Messenger of Allah (saws) prohibited. He informed us in your language, and he explained it to us in our language. He said: "The Messenger of Allah (saws) prohibited Al-Hantamah, and it is an earthenware container, and he prohibited Ad-Dubba', and it is gourd, and he prohibited An-Naqir, and it is the trunk of a date-palm that is hollowed out or carved, and he prohibited Al-Muzaffat, and it is coated with pitch. And he ordered that Nabidh be prepared in water-skins."

He said: There are narrations on this topic from 'Umar, 'Ali, Ibn 'Abbas, Abu Sa'eed, Abu Hurairah, 'Abdur-Rahman bin Ya'mur, Samurah, Anas, 'Aishah, 'Imran bin Husain, 'A'idh bin 'Amr, Al-Hakam Al-Ghifari, and Maimunah.

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

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

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

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

Hilal ibn Yasaf said: I came to ar-Raqqah (a place in Syria). One of my companions said to me: Do you want to see any of the Companions of the Prophet (saws)? I said: A good opportunity. So we went to Wabisah.

I said to my friend: Let us first see his mode of living. He had a cap with two ears stuck (to his head), and wearing a brown silken robe. He was resting on a staff during prayer. We asked him (about resting on the staff) after salutation; He said: Umm Qays daughter of Mihsan said to me that when the Messenger of Allah (saws) became aged and the flesh grew increasingly on him, he took a prop at his place of prayer and rested on it.

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

"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."

`Abdullah bin Shaddad and Abu Burda sent me to `Abdullah bin Abi `Aufa and told me to ask `Abdullah whether the people in the lifetime of the Prophet used to pay in advance for wheat (to be delivered later). `Abdullah replied, "We used to pay in advance to the peasants of Sham for wheat, barley and olive oil of a known specified measure to be delivered in a specified period." I asked (him), "Was the price paid (in advance) to those who had the things to be delivered later?" `Abdullah bin `Aufa replied, "We did not use to ask them about that." Then they sent me to `Abdur Rahman bin Abza and I asked him. He replied, "The companions of the Prophet used to practice Salam in the lifetime of the Prophet; and we did not use to ask them whether they had standing crops or not."

Two persons, a Muslim and a Jew, quarreled. The Muslim said, "By Him Who gave Muhammad superiority over all the people! The Jew said, "By Him Who gave Moses superiority over all the people!" At that the Muslim raised his hand and slapped the Jew on the face. The Jew went to the Prophet and informed him of what had happened between him and the Muslim. The Prophet sent for the Muslim and asked him about it. The Muslim informed him of the event. The Prophet said, "Do not give me superiority over Moses, for on the Day of Resurrection all the people will fall unconscious and I will be one of them, but I will. be the first to gain consciousness, and will see Moses standing and holding the side of the Throne (of Allah). I will not know whether (Moses) has also fallen unconscious and got up before me, or Allah has exempted him from that stroke."

I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, "Once I abused a man and he complained of me to the Prophet . The Prophet asked me, 'Did you abuse him by slighting his mother?' He added, 'Your slaves are your brethren upon whom Allah has given you authority. So, if one has one's brethren under one's control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).

Once the journey-food of the people ran short and they were in great need. So, they came to the Prophet to take his permission for slaughtering their camels, and he permitted them. Then `Umar met them and they informed him about it. He said, "What will sustain you after your camels (are finished)?" Then `Umar went to the Prophet and said, "O Allah's Apostle! What will sustain them after their camels (are finished)?" Allah's Apostle said, "Make an announcement amongst the people that they should bring all their remaining food (to me)." (They brought it and) the Prophet invoked Allah and asked for His Blessings for it. Then he asked them to bring their food utensils and the people started filling their food utensils with their hands till they were satisfied. Allah's Apostle then said, "I testify that None has the right to be worshipped but Allah, and I am His Apostle. "

I heard Anas bin Malik telling us about the night when the Prophet was made to travel from the Ka`ba Mosque. Three persons (i.e. angels) came to the Prophet before he was divinely inspired was an Aspostle), while he was sleeping in Al Masjid-ul-Haram. The first (of the three angels) said, "Which of them is he?" The second said, "He is the best of them." That was all that happened then, and he did not see them till they came at another night and he perceived their presence with his heart, for the eyes of the Prophet were closed when he was asleep, but his heart was not asleep (not unconscious). This is characteristic of all the prophets: Their eyes sleep but their hearts do not sleep. Then Gabriel took charge of the Prophet and ascended along with him to the Heaven.

When Sahl bin Hunaif returned from (the battle of) Siffin, we went to ask him (as to why he had come back). He replied, "(You should not consider me a coward) but blame your opinions. I saw myself on the day of Abu Jandal (inclined to fight), and if I had the power of refusing the order of Allah's Apostle then, I would have refused it (and fought the infidels bravely). Allah and His Apostle know (what is convenient) better. Whenever we put our swords on our shoulders for any matter that terrified us, our swords led us to an easy agreeable solution before the present situation (of disagreement and dispute between the Muslims). When we mend the breach in one side, it opened in another, and we do not know what to do about it."

Allah's Apostle got up on the day of the Conquest of Mecca and said, "Allah has made Mecca a sanctuary since the day He created the Heavens and the Earth, and it will remain a sanctuary by virtue of the sanctity Allah has bestowed on it till the Day of Resurrection. It (i.e. fighting in it) was not made lawful to anyone before me!, nor will it be made lawful to anyone after me, and it was not made lawful for me except for a short period of time. Its game should not be chased, nor should its trees be cut, nor its vegetation or grass uprooted, not its Luqata (i.e. Most things) picked up except by one who makes a public announcement about it." Al-Abbas bin `Abdul Muttalib said, "Except the Idhkhir, O Allah's Apostle, as it is indispensable for blacksmiths and houses." On that, the Prophet kept quiet and then said, "Except the Idhkhir as it is lawful to cut."

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.

‘Umar bin Al Khattab said “During the battle of Badr, the Prophet (saws) took ransom”. Thereupon Allaah Most High sent down “It is not fitting for an Apostle that he should have prisoners of war until he hath thoroughly subdued the land. You look on the temporal goods of this world, but Allaah looketh to the Hereafter”. And Allaah is exalted in might and Wise. Had it not been for a previous ordainment from Allaah, a severe penalty would have reached you for the (ransom) that you took. Allaah then made the spoils of war lawful.

Abu Dawud said “I heard that Ahmad bin Hanbal was asked about the name of Abu Nuh”. He said “What will you do with his name? His name is a bad one.

Abu Dawud said “the name of Abu Nuh is Qurad. What is correct is that his name is ‘Abd Al Rahman bin Ghazwan.

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

Yahya related to me from Malik from Yahya ibn Said from 'Amra bint Abd ar-Rahman from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a jewish woman came to beg from her and said, "May Allah give you refuge from the punishment of the grave." So A'isha asked the Messenger of Allah, may Allah bless him and grant him peace, "Are people punished in their graves?", and the Messenger of Allah, may Allah bless him and grant him peace, took refuge in Allah from that. Then one morning the Messenger of Allah, may Allah bless him and grant him peace, went out on a journey and there was an eclipse of the sun, and he returned in the late morning and passed through his apartments. Then he stood and prayed, and the people stood behind him. He stood for a long time, and then went into ruku for a long time. Then he rose and stood for a long time, though less than the first time, and then went into ruku for a long time, though less than the first time. Then he rose, and went down into sajda. Then he stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose and stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose, and went down into sajda. When he had finished he said what Allah willed him to say, and then he told them to seek protection for themselves from the punishment of the grave."

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)

Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."

Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.

Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."

I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Messenger of Allah (saws).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

Yahya related to me from Malik from Hisham ibn Urwa that his father would never do two sets of seven tawafs together without praying between them. After every seven tawafs he would pray two rakas, sometimes at the maqam of Ibrahim, and sometimes elsewhere.

Malik was asked whether a man doing voluntary tawaf could, to make it easier on himself, join two or more sets of seven circuits and then pray whatever he owed for those sets of seven, and he said, "He should not do that. The sunna is that he does two rakasafter every seven circuits."

Malik said, about someone who began doing tawaf and then forgot how many he had done and did eightor nine circuits, "He should stop when he knows that he has done more than the right number and then pray two rakas,and he should not count the ones that he has done in excess. Neither should he build on the nine that he has done and then pray the rakas for the two sets of seven circuits together, because the sunna is that you pray two rakas after every seven circuits."

Malik said that someone who was in doubt about his tawaf after he had prayed the two rakas of tawaf should go back and complete his tawaf until he was certain of how much he had done. He should then repeat the two rakas, because prayer when doing tawaf was only valid after completing seven circuits.

"If some one breaks his wudu either while he is doing tawaf, or when he has finished tawaf but before he has prayed the two rakas of tawaf, he should do wudu and begin the tawaf and the two rakas afresh. Breaking wudu does not interrupt say between Safa and Marwa, but a person should not begin say unless he is pure by being in wudu."

Shaqiq said, "While I was sitting with `Abdullah and Abu Musa Al-Ash`ari, the latter asked the former, 'If a person becomes Junub and does not find water for one month, can he perform Tayammum and offer his prayer?' (He applied in the negative). Abu Musa said, 'What do you say about this verse from Sura "Al-Ma'ida": When you do not find water then perform Tayammum with clean earth? `Abdullah replied, 'If we allowed it then they would probably perform Tayammum with clean earth even if water were available but cold.' I said to Shaqiq, 'You then disliked to perform Tayammum because of this?' Shaqiq said, 'Yes.' (Shaqiq added), "Abu Musa said, 'Haven't you heard the statement of `Ammar to `Umar? He said: I was sent out by Allah's Apostle for some job and I became Junub and could not find water so I rolled myself over the dust (clean earth) like an animal does, and when I told the Prophet of that he said, 'Like this would have been sufficient.' The Prophet (saying so) lightly stroked the earth with his hand once and blew it off, then passed his (left) hand over the back of his right hand or his (right) hand over the back of his left hand and then passed them over his face.' So `Abdullah said to Abu- Musa, 'Don't you know that `Umar was not satisfied with `Ammar's statement?' " Narrated Shaqiq: While I was with `Abdullah and Abu Musa, the latter said to the former, "Haven't you heard the statement of `Ammar to `Umar? He said, "Allah's Apostle sent you and me out and I became Junub and rolled myself in the dust (clean earth) (for Tayammum). When we came to Allah's Apostle I told him about it and he said, 'This would have been sufficient,' passing his hands over his face and the backs of his hands once only.' "

Abraham did not tell a lie except on three occasion. Twice for the Sake of Allah when he said, "I am sick," and he said, "(I have not done this but) the big idol has done it." The (third was) that while Abraham and Sarah (his wife) were going (on a journey) they passed by (the territory of) a tyrant. Someone said to the tyrant, "This man (i.e. Abraham) is accompanied by a very charming lady." So, he sent for Abraham and asked him about Sarah saying, "Who is this lady?" Abraham said, "She is my sister." Abraham went to Sarah and said, "O Sarah! There are no believers on the surface of the earth except you and I. This man asked me about you and I have told him that you are my sister, so don't contradict my statement." The tyrant then called Sarah and when she went to him, he tried to take hold of her with his hand, but (his hand got stiff and) he was confounded. He asked Sarah. "Pray to Allah for me, and I shall not harm you." So Sarah asked Allah to cure him and he got cured. He tried to take hold of her for the second time, but (his hand got as stiff as or stiffer than before and) was more confounded. He again requested Sarah, "Pray to Allah for me, and I will not harm you." Sarah asked Allah again and he became alright. He then called one of his guards (who had brought her) and said, "You have not brought me a human being but have brought me a devil." The tyrant then gave Hajar as a girl-servant to Sarah. Sarah came back (to Abraham) while he was praying. Abraham, gesturing with his hand, asked, "What has happened?" She replied, "Allah has spoiled the evil plot of the infidel (or immoral person) and gave me Hajar for service." (Abu Huraira then addressed his listeners saying, "That (Hajar) was your mother, O Bani Ma-is-Sama (i.e. the Arabs, the descendants of Ishmael, Hajar's son).

(the son of Muhib) An Egyptian who came and performed the Hajj to the Ka`ba saw some people sitting. He enquire, "Who are these people?" Somebody said, "They are the tribe of Quraish." He said, "Who is the old man sitting amongst them?" The people replied, "He is `Abdullah bin `Umar." He said, "O Ibn `Umar! I want to ask you about something; please tell me about it. Do you know that `Uthman fled away on the day (of the battle) of Uhud?" Ibn `Umar said, "Yes." The (Egyptian) man said, "Do you know that `Uthman was absent on the day (of the battle) of Badr and did not join it?" Ibn `Umar said, "Yes." The man said, "Do you know that he failed to attend the Ar Ridwan pledge and did not witness it (i.e. Hudaibiya pledge of allegiance)?" Ibn `Umar said, "Yes." The man said, "Allahu Akbar!" Ibn `Umar said, "Let me explain to you (all these three things). As for his flight on the day of Uhud, I testify that Allah has excused him and forgiven him; and as for his absence from the battle of Badr, it was due to the fact that the daughter of Allah's Apostle was his wife and she was sick then. Allah's Apostle said to him, "You will receive the same reward and share (of the booty) as anyone of those who participated in the battle of Badr (if you stay with her).' As for his absence from the Ar-Ridwan pledge of allegiance, had there been any person in Mecca more respectable than `Uthman (to be sent as a representative). Allah's Apostle would have sent him instead of him. No doubt, Allah's Apostle had sent him, and the incident of the Ar-Ridwan pledge of Allegiance happened after `Uthman had gone to Mecca. Allah's Apostle held out his right hand saying, 'This is `Uthman's hand.' He stroke his (other) hand with it saying, 'This (pledge of allegiance) is on the behalf of `Uthman.' Then Ibn `Umar said to the man, 'Bear (these) excuses in mind with you.'

That Kuraib, the freed slave of Ibn `Abbas told him that Ibn `Abbas, `Abdur-Rahman bin Azhar and Al-Miswar bin Makhrama sent him to `Aisha saying, "Pay her our greetings and ask her about our offering of the two-rak`at after `Asr Prayer, and tell her that we have been informed that you offer these two rak`at while we have heard that the Prophet had forbidden their offering." Ibn `Abbas said, "I and `Umar used to beat the people for their offering them." Kuraib added, "I entered upon her and delivered their message to her.' She said, 'Ask Um Salama.' So, I informed them (of `Aisha's answer) and they sent me to Um Salama for the same purpose as they sent me to `Aisha. Um Salama replied, 'I heard the Prophet forbidding the offering of these two rak`at. Once the Prophet offered the `Asr prayer, and then came to me. And at that time some Ansari women from the Tribe of Banu Haram were with me. Then (the Prophet ) offered those two rak`at, and I sent my (lady) servant to him, saying, 'Stand beside him and say (to him): Um Salama says, 'O Allah's Apostle! Didn't I hear you forbidding the offering of these two rak`at (after the `Asr prayer yet I see you offering them?' And if he beckons to you with his hand, then wait behind.' So the lady slave did that and the Prophet beckoned her with his hand, and she stayed behind, and when the Prophet finished his prayer, he said, 'O the daughter of Abu Umaiya (i.e. Um Salama), You were asking me about these two rak`at after the `Asr prayer. In fact, some people from the tribe of `Abdul Qais came to me to embrace Islam and busied me so much that I did not offer the two rak`at which were offered after Zuhr compulsory prayer, and these two rak`at (you have seen me offering) make up for those."

I came to Utbah ibn AbdusSulami and said: AbulWalid, I went out seeking sacrificial animals. I did not find anything which attracted me except an animal whose teeth have fallen. So I abominated it. What do you say (about it)? He said: Why did you not bring it to me? He said: Glory be to Allah: Is if lawful for you and not lawful for me? He said: Yes, you doubt and I do not doubt. The Messenger of Allah (saws) has forbidden an animal whose ear has been uprooted so much so that its hole appears (outwardly), and an animal whose horn has broken from the root, and an animal which has totally lost the sight of its eye, and an animal which is so thin and weak that it cannot go with the herd, and an animal with a broken leg.

The Prophet (saws) said: A boy is in pledge for his Aqiqah. Sacrifice is made for him on the seventh day, his head is shaved and is smeared with blood.

When Qatadah was asked about smearing with blood, how that should be done, he said: When you cut the head (i.e. throat) of the animal (meant for Aqiqah), you may take a few hair of it, place them on its veins, and then place them in the middle of the head of the infant, so that the blood flows on the hair (of the infant) like a threat. Then its head may be washed and shaved off.

Abu Dawud said: In narrating the word "is smeared with blood" (yudamma) there is a misunderstanding on the part of Hammam.

Abu Dawud said: Hammam has been opposed in narrating the words "is smeared with blood". This is misunderstanding of Hammam. They narrated he word "he is given a name (yusamma) and Hammam narrated it "is smeared with blood" (yudamma).

Abu Dawud said: This tradition is not followed.

Abyad spoke to the Messenger of Allah (saws) about sadaqah when he came along with a deputation to him.

He replied: O brother of Saba', sadaqah is unavoidable. He said: We cultivated cotton, Messenger of Allah. The people of Saba' scattered, and there remained only a few at Ma'arib.

He therefore concluded a treaty of peace with the Messenger of Allah (saws) to give seventy suits of cloth, equivalent to the price of the Yemeni garments known as al-mu'afir, to be paid every year on behalf of those people of Saba' who remained at Ma'arib.

They continued to pay them till the Messenger of Allah (saws) died.

The governors after the death of the Messenger of Allah (saws) broke the treaty concluded by Abyad by Hammal with the Messenger of Allah (saws) to give seventy suits of garments.

AbuBakr then revived it as the Messenger of Allah (saws) had done till AbuBakr died. When AbuBakr died, it was discontinued and the sadaqah was levied.

By Allah, we did not know whether we should take off the clothes of the Messenger of Allah (saws) as we took off the clothes of our dead, or wash him while his clothes were on him. When they (the people) differed among themselves, Allah cast slumber over them until every one of them had put his chin on his chest.

Then a speaker spoke from a side of the house, and they did not know who he was: Wash the Prophet (saws) while his clothes are on him. So they stood round the Prophet (saws) and washed him while he had his shirt on him. They poured water on his shirt, and rubbed him with his shirt and not with their hands. Aisha used to say: If I had known beforehand about my affair what I found out later, none would have washed him except his wives.

The Messenger of Allah (saws) said: An oath or a vow about something over which a human being has no control, and to disobey Allah, and to break ties of relationship is not binding. If anyone takes an oath and then considers something else better than it, he should give it up, and do what is better, for leaving it is its atonement.

Abu Dawud said: All sound traditions from the Prophet (saws) say: "He should make atonement for his oath," except those versions which are not reliable.

Abu Dawud said: I said to Ahmad: Yahya b. Sa'id (al-Qattan) has transmitted this tradition from Yahya b. 'Ubaid Allah. He (Ahmad b. Hanbal) said: But he gave it up after that, and he was competent for doing it. Ahmad said: His (Yahya b. 'Ubaid Allah's) tradition are munkar (rejected) and his father is not known.

The Messenger of Allah (saws) came to Fatimah and found a curtain hanging at her door, so he did not enter. Whenever he entered (the house), he would visit her first. Then Ali came and found that Fatimah was grieved.

He asked: What is the matter with you? She replied: The Messenger of Allah (saws) came to me but did not enter (the house).

Ali then came to him and said: Messenger of Allah, Fatimah felt it keenly that you came to visit her but did not go in. He replied: What have I to do with this world? What have I to do with prints and figures (on the curtain)? He (Ali) then went to Fatimah and informed her of what the Messenger of Allah (saws) had said.

She said: Ask the Messenger of Allah (saws) what he me to do about it.

He (the Prophet) said: Tell her that she must send it to so-and-so.