Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

Allah's Apostle saw a man driving a Badana and said to him, "Ride on it," and on the second or the third time he added, "Woe to you."

Abu Dawud said: Al-Qassah means lime used as mortar.

While the Prophet was distributing (war booty etc.) one day, Dhul Khawaisira, a man from the tribe of Bani Tamim, said, "O Allah's Apostle! Act justly." The Prophets said, "Woe to you! Who else would act justly if I did not act justly?" `Umar said (to the Prophet ), "Allow me to chop his neck off." The Prophet said, "No, for he has companions (who are apparently so pious that) if anyone of (you compares his prayer with) their prayer, he will consider his prayer inferior to theirs, and similarly his fasting inferior to theirs, but they will desert Islam (go out of religion) as an arrow goes through the victim's body (games etc.) in which case if its Nasl is examined nothing will be seen thereon, and if its Nady is examined, nothing will be seen thereon, and if its Qudhadh is examined, nothing will be seen thereon, for the arrow has gone out too fast even for the excretions and blood to smear over it. Such people will come out at the time of difference among the (Muslim) people and the sign by which they will be recognized, will be a man whose one of the two hands will look like the breast of a woman or a lump of flesh moving loosely." Abu Sa`id added, "I testify that I heard that from the Prophet and also testify that I was with `Ali when `Ali fought against those people. The man described by the Prophet was searched for among the killed, and was found, and he was exactly as the Prophet had described him." (See Hadith No. 807, Vol. 4)

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ash-Shafi'i said: "It is not lawful for one who confers something to take it back, except in the case of the father. He may take back what he gave his son" and he used this Hadith as proof.

Malik related to me from Yahya ibn Said that Sulayman ibn Yasar informed him that Abdullah ibn Abbas ibn Abi Rabia al-Makhzumi said, "Umar ibn al-Khattab gave me orders about the slaves of Quraysh and we flogged some of the slave-girls of the muslim lands fifty times each for fornication."

"The Messenger of Allah (saws) prohibited breathing in the vessel, or blowing into it."

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

Abu Talha had the largest number of datepalms from amongst the Ansars of Medina. The dearest of his property to him was Bairuha garden which was facing the (Prophet's) Mosque. Allah's Apostle used to enter it and drink of its good fresh water. When the Holy Verse:-- 'By no means shall you attain righteousness unless you spend (in charity) of that which you love.' (3.92) was revealed, Abu Talha got up and said, "O Allah's Apostle! Allah says: By no means shall you attain righteousness unless you spend of that which you love,' and the dearest of my property to me is the Bairuha garden and I want to give it in charity in Allah's Cause, seeking to be rewarded by Allah for that. So you can spend it, O Allah's Apostle, where-ever Allah instructs you. ' Allah s Apostle said, "Good! That is a perishable (or profitable) wealth" (`Abdullah is in doubt as to which word was used.) He said, "I have heard what you have said but in my opinion you'd better give it to your kith and kin." On that Abu Talha said, "I will do so, O Allah's Apostle!" Abu Talha distributed that garden among his kith and kin and cousins.

Ibn Yahya and `Amr added in their version : “ There will appear among my community people who will be dominated by desires like rabies which penetrates its patient”, `Amr’s version has: “penetrates its patient. There remains no vein and no joint but it penetrates it.”

During the last Hajj led by `Umar, `Abdur-Rahman bin `Auf returned to his family at Mina and met me there. `AbdurRahman said (to `Umar), "O chief of the believers! The season of Hajj is the season when there comes the scum of the people (besides the good amongst them), so I recommend that you should wait till you go back to Medina, for it is the place of Migration and Sunna (i.e. the Prophet's tradition), and there you will be able to refer the matter to the religious scholars and the nobles and the people of wise opinions." `Umar said, "I will speak of it in Medina on my very first sermon I will deliver there."

Yahya related to me from Malik that Yahya ibn Said said, "Once Muhammad ibn Yahya ibn Habban and I were sitting down, and Muhammad called a man over to him and said to him, 'Tell me what you have heard from your father.' The man replied that his father had told him that he went to Zayd ibn Thabit and asked him, 'What do you think of reciting the whole Qur'an in seven days?' Zayd said, 'That's good, but I prefer to recite it in two weeks, or ten days. Ask me why that is.' He said, 'I ask you then.' Zayd said, 'So that I can reflect on it and pause in it.' "

Once Allah's Apostle led us in prayer and then (after finishing it) ascended the pulpit and pointed with his hand towards the Qibla of the mosque and said, "While I was leading you in prayer, both Paradise and Hell were displayed in front of me in the direction of this wall. I had never seen a better thing (than Paradise) and a worse thing (than Hell) as I have seen today, I had never seen a better thing and a worse thing as I have seen today."

'A'isha, the wife of the Apostle (may peace be upon him), said that the Messenger of Allah (may peace be upon him) said the afternoon prayer (at the time) when the sun shone in her apartment and its shadow did not extend beyond her apartment.

The Prophet said, "In Paradise there is a tree which is so big that a rider can travel in its shade for one hundred years without passing it; and if you wish, you can recite: 'In shade long extended.' 56.30.

`Umar bin Al-Khattab gave a horse to be ridden in Allah's Cause and then he found it being sold. He intended to purchase it. So, he consulted Allah's Apostle who said, "Don't buy it and don't take back your gift of charity."

That the Messenger of Allah (saws) said: "(Ribat) Guarding the frontier for a day in the cause of Allah is better than the world and what is in it. And an afternoon the worshipper spends in the cause of Allah - or a morning - is better than the world and what is on it. And the space occupied by the whip of one of you in Paradise is better than the world and what is on it."

This Hadith is Hasan Sahih.

The Prophet and one of his companions entered upon an Ansari man. The Prophet and his companion greeted (the man) and he replied, "O Allah's Apostle! Let my father and mother be sacrificed for you! It is hot," while he was watering his garden. The Prophet asked him, "If you have water kept overnight in a water skin, (give us), or else we will drink by putting our mouths in the basin." The man was watering the garden The man said, "O Allah's Apostle! I have water kept overnight in a water-skin. He went to the shade and poured some water into a bowl and milked some milk from a domestic goat in it. The Prophet drank and then gave the bowl to the man who had come along with him to drink.

Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah's Messenger (may peace be upon him) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint Qais.

Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother's wala' if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the Muslims.

Malik said,"I heard the same as that from Sulayman ibn Yasar, and it is what I saw the people of knowledge in our city doing."

Abu Talha had the greatest wealth of date-palms amongst the Ansar in Medina, and he prized above all his wealth (his garden) Bairuha', which was situated opposite the Mosque (of the Prophet ). The Prophet used to enter It and drink from its fresh water. When the following Divine Verse came:-- "By no means shall you attain piety until you spend of what you love," (3.92) Abu Talha got up saying. "O Allah's Apostle! Allah says, 'You will not attain piety until you spend of what you love,' and I prize above al I my wealth, Bairuha' which I want to give in charity for Allah's Sake, hoping for its reward from Allah. So you can use it as Allah directs you." On that the Prophet said, "Bravo! It is a profitable (or perishable) property. (Ibn Maslama is not sure as to which word is right, i.e. profitable or perishable.) I have heard what you have said, and I recommend that you distribute this amongst your relatives." On that Abu Talha said, "O Allah's Apostle! I will do (as you have suggested)." So, Abu Talha distributed that garden amongst his relatives and cousins.

Allah's Apostle saw a man driving a Badana (a camel for sacrifice) and said to him, "Ride on it." The man said, "O Allah's Apostle! It is a Bandana." The Prophet said, "Ride on it, woe to you!" on the second or third time.

that `Umar had vowed in the Pre-Islamic period to perform I`tikaf in Al-Masjid-al-Haram. (A subnarrator thinks that `Umar vowed to perform I`tikaf for one night.) Allah's Apostle said to `Umar, "Fulfill your vow."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said that he disapproved of one man lending another food on the provision that he gave it back to him in another city. He said, "Where is the transport?"

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.

Yahya related to me from Malik from Zayd ibn Aslam that a man received a wound in the time of the Messenger of Allah, may Allah bless him and grant him peace. The blood clotted in the wound and the man called two men from the Banu Ammar tribe. They looked at it and claimed that the Messenger of Allah, may Allah bless him and grant him peace, said to them, "Which of you is the better doctor?" They said, "Is there any good in medicine, Messenger of Allah?" Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "The one who sent down the disease sent down the remedy."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

Allah's Apostle made a small room in the month of Ramadan (Sa`id said, "I think that Zaid bin Thabit said that it was made of a mat") and he prayed there for a few nights, and so some of his companions prayed behind him. When he came to know about it, he kept on sitting. In the morning, he went out to them and said, "I have seen and understood what you did. You should pray in your houses, for the best prayer of a person is that which he prays in his house except the compulsory prayers."

That Ka`b bin Malik told him that in the lifetime of Allah's Apostle he demanded his debt from Ibn Abu Hadrad in the Mosque. Their voices grew louder till Allah's Apostle heard them while he was in his house. So he lifted the curtain of his room and called Ka`b bin Malik saying, "O Ka`b!" He replied, "Labbaik! O Allah's Apostle!" He beckoned to him with his hand suggesting that he deduct half the debt. Ka`b said, "I agree, O Allah's Apostle!" Allah's Apostle then said (to Ibn Abu Hadrad), "Get up and pay him the rest."

The wife of the Prophet that she went to Allah's Apostle while he was in I`tikaf (staying in the mosque) during the last ten nights of the month of Ramadan. She spoke to him for an hour (a while) at night and then she got up to return home. The Prophet got up to accompany her, and when they reached the gate of the mosque opposite the dwelling place of Um Salama, the wife of the Prophet, two Ansari men passed by, and greeting Allah's Apostle , they quickly went ahead. Allah's Apostle said to them, "Do not be in a hurry She is Safiya, the daughter of Huyai." They said, "Subhan Allah! O Allah's Apostle (how dare we suspect you)." That was a great thing for both of them. The Prophet then said, "Satan runs in the body of Adam's son (i.e. man) as his blood circulates in it, and I was afraid that he (Satan) might insert an evil thought in your hearts."

Yahya related to me from Malik from Alqama from his mother that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, heard that the people who lived in a room in her house had some dice. She sent a message to them, "If you do not remove them, I will remove you from my house," and she reproached them for it.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said that Abu Hurayra was asked, "May a man pray in one garment?" He said, "Yes." The man then said to him "Do you do that?" and he replied, "Yes, I pray in one garment while my clothes are on the clothes-rack."

Yahya related to me from Malik from Yahya ibn Said that Zayd ibn Thabit asked whether it was halal for a man who married a woman and then separated from her before he had cohabited with her, to marry her mother. Zayd ibn Thabit said, "No. The mother is prohibited unconditionally. There are conditions, however about foster-mothers."

During the lifetime of Allah's Apostle I asked Ibn Abi Hadrad in the mosque to pay the debts which he owed to me and our voices grew so loud that Allah's Apostle heard them while he was in his house. So he came to us after raising the curtain of his room. The Prophet said, "O Ka`b bin Malik!" I replied, "Labaik, O Allah's Apostle." He gestured with his hand to me to reduce the debt to one half. I said, "O Allah's Apostle have done it." Allah's Apostle said (to Ibn Hadrad), "Get up and pay it."

While I was (sitting) among the people in the company of Allah's Apostle a woman stood up and said, "O Allah's Apostle! She has given herself in marriage to you; please give your opinion of her." The Prophet did not give her any reply. She again stood up and said, "O Allah's Apostle! She has given herself (in marriage) to you; so please give your opinion of her. The Prophet did not give her any reply. She again stood up for the third time and said, "She has given herself in marriage to you: so give your opinion of her." So a man stood up and said, "O Allah's Apostle! Marry her to me." The Prophet asked him, "Have you got anything?" He said, "No." The Prophet said, "Go and search for something, even if it were an iron ring." The man went and searched and then returned saying, "I could not find anything, not even an iron ring." Then the Prophet said, "Do you know something of the Qur'an (by heart)?" He replied, "I know (by heart) such Sura and such Sura." The Prophet said, "Go! I have married her to you for what you know of the Qur'an (by heart).

Allah's Apostle said to me, "You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, 'Uncover (her),' and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' Then you were shown to me, the angel carrying you in a silken piece of cloth, and I said (to him), 'Uncover (her), and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' "

Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.

Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.

Malik said, "That is the best of what I have heard."

The Prophet (saws) said: Its (Medina's) fresh grass is not to be cut, its game is not to be driven away, and things dropped in it are to be picked up by one who publicly announces it, and it is not permissible for any man to carry weapons in it for fighting, and it is not advisable that its trees are cut except what a man cuts for the fodder of his camel.

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "I understood from people that when they made the kaffara for a broken oath, they gave a mudd of wheat according to the smaller mudd. They thought that that would compensate for them."

Malik said, "The best of what I have heard about the one who does kaffara for breaking his oath by clothing people is that if he clothes men he clothes them each in one garment. If he clothes women, he clothes them each in two garments, a long shift and a long scarf, because that is what is satisfactory for each of them in the prayer."