Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say in the tashahhud, "Greetings, good words, prayers, pure actions belong to Allah. I testify that there is no god except Allah, alone without partner, and that Muhammad is His slave and His Messenger. Peace be on you, Prophet, and the mercy of Allah and His blessings. Peace be on us and on the slaves of Allah who are salihun. Peace be upon you."

"At-tahiyatu, at- tayibatu, as-salawatu, az-zakiyatu lillah. Ash-hadu an la ilaha illa'llah, wahdahu la sharika lah wa anna Muhammadan abduhu wa rasuluhu. As-salamu alayka ayyuha-n-nabiyyu wa rahmatu-llahi wa barakatuhu. As-salamu alayna wa ala ibadi-llahi's-salihin. As-salamu alaykum."

Yahya related to me from Malik that he asked Abd ar-Rahman ibn Qasim, "From where did Qasim stonethe jamrat al-Aqaba?"and he replied, "From wherever it was possible."

Yahya said that Malik was asked whether some one else could throw the stones for a child or a sick man and he said, "Yes, and a sick man should inquire as to when the stones will be thrown for him and then say the takbir while he is in the place where he is staying, bleeding. If a sick man regains his health during the days of tashriq, he should stone whatever stoning has been done for him and he must offer a sacrificial animal."

Malik said, "I do not consider that someone who stones the jamras or does say between Safa and Marwa without being in wudu has to repeat anything, but he should not make a general practice of it."

The Prophet said, "Whoever takes a false oath to deprive somebody of his property will meet Allah while He will be angry with him." Allah revealed: 'Verily those who purchase a little gain at the cost of Allah's covenant, and their oaths.' ........(3.77) Al-Ashath came (to the place where `Abdullah was narrating) and said, "What has Abu `Abdur- Rahman (i.e. `Abdullah) been telling you? This verse was revealed concerning me. I had a well in the land of a cousin of mine. The Prophet asked me to bring witnesses (to confirm my claim). I said, 'I don't have witnesses.' He said, 'Let the defendant take an oath then.' I said, 'O Allah's Apostle! He will take a (false) oath immediately.' Then the Prophet mentioned the above narration and Allah revealed the verse to confirm what he had said." (See Hadith No. 692)

(from his father) Abu Qatada went out (on a journey) with Allah's Apostle but he was left behind with some of his companions who were in the state of Ihram. He himself was not in the state of Ihram. They saw an opener before he could see it. When they saw the opener, they did not speak anything till Abu Qatada saw it. So, he rode over his horse called Al-Jarada and requested them to give him his lash, but they refused. So, he himself took it and then attacked the opener and slaughtered it. He ate of its meat and his companions ate, too, but they regretted their eating. When they met the Prophet (they asked him about it) and he asked, "Have you some of its meat (left) with you?" Abu Qatada replied, "Yes, we have its leg with us." So, the Prophet took and ate it.

The Messenger of Allah (saws) appointed al-Aqiq as the place for putting on ihram for the people of East.

The Prophet (saws) said: A man will not be asked as to why he beat his wife.

The Prophet (saws) divorced Hafsah, but he took her back in marriage.

The Messenger of Allah (saws) read the verse: "eye for eye" (al-'aynu bil-'ayn).

Surat Bani Israel and Al-Kahf and Mary are among my first old property.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar once entered ihram at al-Fur.

Allah's Apostle al lowed the owner of 'Araya to sell the fruits on the trees by means of estimation.

Al-Faji' came to the Messenger of Allah (saws) and asked: Is not dead meat lawful for us? He said: What is your food? We said: Some food in the evening and some in the morning. AbuNu'aym said: Uqbah explained it to me saying: a cup (of milk) in the morning and a cup in the evening; this does not satisfy the hunger. So made the carrion lawful for them in this condition.

Abu Dawud said: Ghabuq is a drink in the evening and Sabuh is a drink in the morning.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from A'isha umm al-muminin that Safiyya bint Huyy began menstruating and so she mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and he asked, "Will she delay us?" and he was told, "She has already done the tawaf al-ifada," and he said, "Then she will not delay us. "

The Messenger of Allah (saws) delivered a speech to us; meanwhile al-Hasan and al-Husayn came upon there stumbling, wearing red shirts. He came down from the pulpit, took them and ascended it with them. He then said: Allah truly said: "Your property and your children are only trial" (Ixiv.15). I saw both of them, and I could not wait. Afterwards he resumed the speech.

Abu Dawud said : Abu Salih has transmitted it in a similar way from Abu Hurairah, and similar are the traditions of Abu Sufyan from Jabir, of Salim b. Abl al-Ja’d from Jabir, of Sulaiman al-Yashkuri from Jabir, and of Ibn al-Munkadir from Jabir and similar others and Anas b. Malik.

The Messenger of Allah (saws) said: A vow is binding in those things by which the pleasure of Allah is sought, and an oath to break ties of relationship is not binding.

From his father: "The Prophet (saws) wore a Roman Jubbah with tight sleeves."

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

Allah's Apostle said, " Every nation has an extremely trustworthy man, and the trustworthy man of this (i.e. Muslim) nation is Abu 'Ubaida bin Al-Jarrah."

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."

Once the Prophet entered a lavatory and I placed water for his ablution. He asked, "Who placed it?" He was informed accordingly and so he said, "O Allah! Make him (Ibn `Abbas) a learned scholar in religion (Islam).

"I was informed by As-Sa'b bin Jaththamah who said: " I said: "O Messenger of Allah our horses trampled over women and children of the idolaters." He said: "They are from their fathers.'"

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

26 Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd alMalik, from Ubada ibn Nusayy from Qays ibn al Harith that Abu Abdullah as-Sunabihi said, "I arrived in Madina in the khalifate of Abu Bakr as-Siddiq, and I prayed maghrib behind him. He recited the umm al Qur'an and two suras from the shorter ones of the mufassal in the first two rakas. Then he stood up in the third and I drew so near to him that my clothes were almost touching his clothes. I heard him reciting the umm al-Qur'an and this ayat, 'Our Lord, do not make our hearts go astray after You have guided us, and give us mercy from Your presence. Surely You are the Giver. ' " (Sura 3 ayat 8)

That the Prophet (saws) said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away)."

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

[Abu 'Eisa said:] The Hadith of Samurah is a Hasan Gharib Sahih Hadith. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

[Abu 'Eisa said:] 'Ali bin Al-Madini said: "It is correct that Al-Hasan heard this from Samurah." Some of the people of Hadith criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.

I heard Ka`b bin Malik who was one of the three who were forgiven, saying that he had never remained behind Allah's Apostle in any Ghazwa which he had fought except two Ghazwat Ghazwat- Al-`Usra (Tabuk) and Ghazwat-Badr. He added. "I decided to tell the truth to Allah's Apostle in the forenoon, and scarcely did he return from a journey he made, except in the forenoon, he would go first to the mosque and offer a two-rak`at prayer. The Prophet forbade others to speak to me or to my two companions, but he did not prohibit speaking to any of those who had remained behind excepting us. So the people avoided speaking to us, and I stayed in that state till I could no longer bear it, and the only thing that worried me was that I might die and the Prophet would not offer the funeral prayer for me, or Allah's Apostle might die and I would be left in that social status among the people that nobody would speak to me or offer the funeral prayer for me. But Allah revealed His Forgiveness for us to the Prophet in the last third of the night while Allah's Apostle was with Um Salama. Um Salama sympathized with me and helped me in my disaster. Allah's Apostle said, 'O Um Salama! Ka`b has been forgiven!' She said, 'Shall I send someone to him to give him the good tidings?' He said, 'If you did so, the people would not let you sleep the rest of the night.' So when the Prophet had offered the Fajr prayer, he announced Allah's Forgiveness for us. His face used to look as bright as a piece of the (full) moon whenever he was pleased. When Allah revealed His Forgiveness for us, we were the three whose case had been deferred while the excuse presented by those who had apologized had been accepted. But when there were mentioned those who had told the Prophet lies and remained behind (the battle of Tabuk) and had given false excuses, they were described with the worse description one may be described with. Allah said: 'They will present their excuses to you (Muslims) when you return to them. Say: Present no excuses; we shall not believe you. Allah has already informed us of the true state of matters concerning you. Allah and His Apostle will observe your actions." (9.94)

Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. "Do you swear by Allah with fifty oaths that he did not die of it?" They refused and stopped themselves from doing it. He said to the others, "Will you take an oath?" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money.

Malik said, "One does not act on this."

Yahya related to me from Malik, from Ibn Shihab, from Ubaydullah ibn Abdullah ibn Utba ibn Masud, from Abdullah ibn Abbas, that as-Sab ibn Jaththama al-Laythi once gave a wild ass to the Messenger of Allah, may Allah bless him and grant him peace, while he was at al- Abwa, or Waddan, and the Messenger of Allah, may Allah bless him and grant him peace, gave it back to him. However, when the Messenger of Allah, may Allah bless him and grant him peace, saw the expression on the man's face he said, "We only gave it back to you because we are in ihram."

When the Haruriyyah made a revolt, I came to Ali (may Allah be pleased with him). He said: Go to these people. I then put on the best suit of the Yemen.

AbuZumayl (a transmitter) said: Ibn Abbas was handsome and of imposing countenance. Ibn Abbas said: I then came to them and they said: Welcome to you, Ibn Abbas! what is this suit of clothes? I said: Why are you objecting to me? I saw over the Messenger of Allah (saws) the best suit of clothes.

Abu Dawud said: The name of Abu Zumail is Sammak b. al-Walid al-Hanafi.

Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar that the people of Syria said to Abu Ubayda ibn al-Jarrah, "Take zakat from our horses and slaves," and he refused. Then he wrote to Umar ibn al-Khattab and he (also) refused. Again they talked to him and again he wrote to Umar, and Umar wrote back to him saying, "If they want, take it from them and (then) give it back to them and give their slaves provision."

Malik said, "What he means, may Allah have mercy upon him, by the words 'and give it back to them' is, 'to their poor.' "

Abu Dawud said: But al-Walid has narrated this tradition from Dhu Mikhbar from the Prophet (saws).

Abu Dawud said: Rawh, Yahya bin Hamzah and Bishr bin Bakr has also transmitted it from al-Awza'i as mentioned by 'Isa.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn al-Khattab wrote to Abu Musa al-Ashari that he should pray asr when the sun was still pure white so that a man could ride three farsakhs (before maghrib) and that he should pray Isha during the first third of the night, or, if he delayed it, then up until the middle of the night, and he warned him not to be forgetful.

On the day of Al-Khandaq (the trench), `Umar bin Al-Khattab went to the Prophet and said, "O Allah's Apostle! By Allah, I could not pray (the `Asr) till the sun had set." `Umar told this to the Prophet at the time when a fasting person had done Iftar (taken his meals). The Prophet then went to Buthan and I was with him. He performed ablution and offered the `Asr prayer after the sun had set and then the Maghrib prayer.

Ibn ‘Abbas reported the Prophet(saws) as saying If a man raises his voice in talbiya for Hajj, then he comes to Makkah, goes round the House(the Ka’bah) and runs between Al Safa’ and Al Marwah he may take off his ihram. That will be considered as ihram for ‘Umrah.

Abu Dawud said Ibn Juraij narrated from a man on the authority of ‘Ata that the companions of the Prophet (saws) entered Makkah raising their voices in talbiyah for Hajj alone, but the Prophet (saws) changed it to ‘Umrah.

Anas b. Malik reported that the Messenger of Allah (may peace be upon him) used to pray the afternoon prayer when the sun was high and bright, then one would go off to al-'Awali and get there while the sun was still high. Ibn Qutaiba made no mention of" one would go off to al-'Awali".