Malik related to me from Hilal ibn Usama from Ata ibn Yasar that Umar ibn al-Hakam said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, a slave girl of mine was tending my sheep. I came to her and one of the sheep was lost. I asked her about it and she said that a wolf had eaten it, so I became angry and I am one of the children of Adam, so I struck her on the face. As it happens, I have to set a slave free, shall I free her?' The Messenger of Allah, may Allah bless him and grant him peace, questioned her, 'Where is Allah?' She said, 'In heaven.' He said, 'Who am I?' She said, 'You are the Messenger of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Free her.' "

We were in a Ghazwa and a man from the emigrants kicked an Ansari (on the buttocks with his foot). The Ansari man said, "O the Ansari! (Help!)" The emigrant said, "O the emigrants! (Help)." When Allah's Apostle heard that, he said, "What is that?" They said, "A man from the emigrants kicked a man from the Ansar (on the buttocks his foot). On that the Ansar said, 'O the Ansar!' and the emigrant said, 'O the emigrants!" The Prophet said' "Leave it (that call) for it Is a detestable thing." The number of Ansar was larger (than that of the emigrants) at the time when the Prophet came to Medina, but later the number of emigrants increased. `Abdullah bin Ubai said, "Have they, (the emigrants) done so? By Allah, if we return to Medina, surely, the more honorable will expel therefrom the meaner," `Umar bin Al-Khattab said, "O Allah's Apostle! Let me chop off the head of this hypocrite!" The Prophet said, "Leave him, lest the people say Muhammad kills his companions:"

I heard `Aisha saying, "The Prophet used to stay for a long while with Zanab bint Jahsh and drink honey at her house. So Hafsa and I decided that if the Prophet came to anyone of us, she should say him, "I detect the smell of Maghafir (a nasty smelling gum) in you. Have you eaten Maghafir?' " So the Prophet visited one of them and she said to him similarly. The Prophet said, "Never mind, I have taken some honey at the house of Zainab bint Jahsh, but I shall never drink of it anymore." So there was revealed: 'O Prophet ! Why do you ban (for you) that which Allah has made lawful for you . . . If you two (wives of Prophet) turn in repentance to Allah,' (66.1-4) addressing Aisha and Hafsa. 'When the Prophet disclosed a matter in confidence to some of his wives.' (66.3) namely his saying: But I have taken some honey."

I said to Ibn `Umar, "If a man accuses his wife of illegal sexual intercourse (what is the judgment)?" He said, "Allah's Prophet separated the couple of Bani 'Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet said, 'Allah knows that one of you two IS a liar; so will one of you repent?' But they refused. He then again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But they refused, whereupon he separated them by divorce." Aiyub (a subnarrator) said: `Amr bin Dinar said to me, "In the narration there is something which I do not see you mentioning, i.e. the husband said, "What about my money (Mahr)?' The Prophet said, "You are not entitled to take back money, for if you told the truth you have already entered upon her (and consummated your marriage with her) and if you are a liar then you are less entitled to take it back.

The jews came to Allah's Apostle and mentioned to him that a man and a lady among them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah regarding the Rajam?" They replied, "We only disgrace and flog them with stripes." `Abdullah bin Salam said to them, 'You have told a lie the penalty of Rajam is in the Torah.' They brought the Torah and opened it. One of them put his hand over the verse of the Rajam and read what was before and after it. `Abdullah bin Salam said to him, "Lift up your hand." Where he lifted it there appeared the verse of the Rajam. So they said, "O Muhammad! He has said the truth, the verse of the Rajam is in it (Torah)." Then Allah's Apostle ordered that the two persons (guilty of illegal sexual intercourse) be stoned to death, and so they were stoned, and I saw the man bending over the woman so as to protect her from the stones.

I was a young unmarried man during the lifetime of the Prophet. I used to sleep in the mosque. Anyone who had a dream, would narrate it to the Prophet. I said, "O Allah! If there is any good for me with You, then show me a dream so that Allah's Apostle may interpret it for me." So I slept and saw (in a dream) two angels came to me and took me along with them, and they met another angel who said to me, "Don't be afraid, you are a good man." They took me towards the Fire, and behold, it was built inside like a well, and therein I saw people some of whom I recognized, and then the angels took me to the right side. In the morning, I mentioned that dream to Hafsa. Hafsa told me that she had mentioned it to the Prophet and he said, "`Abdullah is a righteous man if he only prays more at night." (Az-Zuhri said, "After that, `Abdullah used to pray more at night.")

Allah's Apostle said, "Your stay (in this world) in comparison to the stay of the nations preceding you, is like the period between `Asr prayer and the sun set (in comparison to a whole day). The people of the Torah were given the Torah and they acted on it till midday and then they were unable to carry on. And they were given (a reward equal to) one Qirat each. Then the people of the Gospel were given the Gospel and they acted on it till `Asr Prayer and then they were unable to carry on, so they were given la reward equal to) one Qirat each. Then you were given the Qur'an and you acted on it till sunset, therefore you were given (a reward equal to) two Qirats each. On that, the people of the Scriptures said, 'These people (Muslims) did less work than we but they took a bigger reward.' Allah said (to them). 'Have I done any oppression to you as regards your rights?' They said, "No." Then Allah said, 'That is My Blessing which I grant to whomsoever I will.' "

Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca that he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn Umar al-Ansari, both of the tribe of Banu Salami, had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave, and they were among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had died only the day before. One of them had been wounded, and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released, and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up.

Malik said, "There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put next to the qibla."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not ask for a woman in marriage when another muslim has already done so."

Malik said, "The explanation of the statement of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - is that 'Do not ask for a woman in marriage when another muslim has already done so' means that when a man has asked for a woman in marriage, and she has inclined to him and they have agreed on a bride-price, which she has suggested and with which they are mutually satisfied, it is forbidden for another man to ask for that woman in marriage. It does not mean that when a man has asked for a woman in marriage, and his suit does not agree with her and she does not incline to him that no one else can ask for her in marriage. That is a door to misery for people."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you",or"You are abandoned", were considered as three pronouncements of divorce.

Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible.

Malik added, "That is the best of what I have heard about the matter."

My Lord agreed with me in three things: -1. I said, "O Allah's Apostle, I wish we took the station of Abraham as our praying place (for some of our prayers). So came the Divine Inspiration: And take you (people) the station of Abraham as a place of prayer (for some of your prayers e.g. two rak`at of Tawaf of Ka`ba)". (2.125) -2. And as regards the (verse of) the veiling of the women, I said, 'O Allah's Apostle! I wish you ordered your wives to cover themselves from the men because good and bad ones talk to them.' So the verse of the veiling of the women was revealed. -3. Once the wives of the Prophet made a united front against the Prophet and I said to them, 'It may be if he (the Prophet) divorced you, (all) that his Lord (Allah) will give him instead of you wives better than you.' So this verse (the same as I had said) was revealed." (66.5).

Allah's Apostle came out as the sun declined at midday and offered the Zuhr prayer. He then stood on the pulpit and spoke about the Hour (Day of Judgment) and said that in it there would be tremendous things. He then said, "Whoever likes to ask me about anything he can do so and I shall reply as long as I am at this place of mine. Most of the people wept and the Prophet said repeatedly, "Ask me." `Abdullah bin Hudhafa As-Sahmi stood up and said, "Who is my father?" The Prophet said, "Your father is Hudhafa." The Prophet repeatedly said, "Ask me." Then `Umar knelt before him and said, "We are pleased with Allah as our Lord, Islam as our religion, and Muhammad as our Prophet." The Prophet then became quiet and said, "Paradise and Hell-fire were displayed in front of me on this wall just now and I have never seen a better thing (than the former) and a worse thing (than the latter).

I heard the Messenger of Allah (saws) say: If any of you can become like the man who had a faraq of rice, he should become like him. They (the people) asked: Who is the man who had a faraq of rice with him, Messenger of Allah ? Thereupon he narrated the story of the cave when a hillock fell on them (three persons), each of them said: Mention any best work of yours. The narrator said: The third of them said: O Allah, you know that I took a hireling for a faraq of rice. When the evening came, I presented to him his due (i.e. his wages). But he refused to take it and went away. I then cultivated it until I amassed cows and their herdsmen for him. He then met me and said: Give me my dues. I said (to him): Go to those cows and their herdsmen and take them all. He went and drove them away.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."

Malik said, about someone who left ihram in Makka, and then did tawaf of the House and say between Safa and Marwa, and then fell ill and was unable to be present with everybody at Arafa, "If the hajj passes someone by he should, if he can, go out of the area of the Haram and then come back in again to do umra and do tawaf of the House and say between Safa and Marwa, because he had not intended his initial tawaf to be for an umra, and so for this reason he does it again. He must do the next hajj and offer a sacrificial animal.

If he is not one of the people of Makka, and something happens to him which stops him from doing the hajj, but he does tawaf of the House and say between Safa and Marwa, he should come out of ihram by doing an umra and then do tawaf of the House a second time, and say between Safa and Marwa, because his initial tawaf and say were intended for the hajj. He must do the next hajj and offer a sacrificial animal."

When the Messenger of Allah (saws) sat on his camel to go out on a journey, he said: "Allah is Most Great" three times. Then he said: "Glory be to Him Who has made subservient to us, for we had not the strength for it, and to our Lord do we return. O Allah, we ask Thee in this journey of ours, uprightness, piety and such deeds as are pleasing to Thee. O Allah, make easy for us this journey of ours and make its length short for us. O Allah, Thou art the Companion in the journey, and the One Who looks after the family and property in our absence." When he returned, he said these words adding: "Returning, repentant, serving and praising our Lord." The Prophet (saws) and his armies said: "Allah is Most Great" when they went up to high ground; and when armies said: "Allah is most Great" when they went up to high ground; and when they descended, they said: "Glory be to Allah." So the prayer was patterned on that.

A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (saws) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (saws) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.

When we were sitting with the Messenger of Allah (saws), he talked about periods of trial (fitnahs), mentioning many of them.

When he mentioned the one when people should stay in their houses, some asked him: Messenger of Allah, what is the trial (fitnah) of staying at home?

He replied: It will be flight and plunder. Then will come a test which is pleasant. Its murkiness is due to the fact that it is produced by a man from the people of my house, who will assert that he belongs to me, whereas he does not, for my friends are only the God-fearing. Then the people will unite under a man who will be like a hip-bone on a rib. Then there will be the little black trial which will leave none of this community without giving him a slap, and when people say that it is finished, it will be extended. During it a man will be a believer in the morning and an infidel in the evening, so that the people will be in two camps: the camp of faith which will contain no hypocrisy, and the camp of hypocrisy which will contain no faith. When that happens, expect the Antichrist (Dajjal) that day or the next.

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

While I was taking part in a Ghazwa. I heard `Abdullah bin Ubai (bin Abi Salul) saying. "Don't spend on those who are with Allah's Apostle, that they may disperse and go away from him. If we return (to Medina), surely, the more honorable will expel the meaner amongst them." I reported that (saying) to my uncle or to `Umar who, in his turn, informed the Prophet of it. The Prophet called me and I narrated to him the whole story. Then Allah's Apostle sent for `Abdullah bin Ubai and his companions, and they took an oath that they did not say that. So Allah's Apostle disbelieved my saying and believed his. I was distressed as I never was before. I stayed at home and my uncle said to me. "You just wanted Allah's Apostle to disbelieve your statement and hate you." So Allah revealed (the Sura beginning with) 'When the hypocrites come to you.' (63.1) The Prophet then sent for me and recited it and said, "O Zaid! Allah confirmed your statement."

We were in a Ghazwa (Sufyan once said, in an army) and a man from the emigrants kicked an Ansari man (on the buttocks with his foot). The Ansari man said, "O the Ansar! (Help!)" and the emigrant said. "O the emigrants! (Help!) Allah's Apostle heard that and said, "What is this call for, which is characteristic of the period of ignorance?" They said, "O Allah's Apostle! A man from the emigrants kicked one of the Ansar (on the buttocks with his foot)." Allah's Apostle said, "Leave it (that call) as is a detestable thing." `Abdullah bin Ubai heard that and said, 'Have the (the emigrants) done so? By Allah, if we return Medina, surely, the more honorable will expel therefrom the meaner." When this statement reached the Prophet. `Umar got up an, said, "O Allah's Apostle! Let me chop off the head of this hypocrite (`Abdullah bin Ubai)!" The Prophet said "Leave him, lest the people say that Muhammad kills his companions." The Ansar were then more in number than the emigrants when the latter came to Medina, but later on the emigrant increased.

I heard Allah's Apostle while he was standing on the pulpit, saying, "The remaining period of your stay (on the earth) in comparison to the nations before you, is like the period between the `Asr prayer and sunset. The people of the Torah were given the Torah and they acted upon it till midday, and then they were worn out and were given for their labor, one Qirat each. Then the people of the Gospel were given the Gospel and they acted upon it till the time of the `Asr prayer, and then they were worn out and were given (for their labor), one Qirat each. Then you people were given the Qur'an and you acted upon it till sunset and so you were given two Qirats each (double the reward of the previous nations)." Then the people of the Torah said, 'O our Lord! These people have done a little labor (much less than we) but have taken a greater reward.' Allah said, 'Have I withheld anything from your reward?' They said, 'No.' Then Allah said, 'That is My Favor which I bestow on whom I wish.' "

If a man saw a dream during the lifetime of the Prophet he would narrate it to the Prophet. Once I wished to see a dream and narrate it to the Prophet I was young, unmarried, and used to sleep in the Mosque during the lifetime of the Prophet. I dreamt that two angels took me and went away with me towards the (Hell) Fire which looked like a well with the inside walls built up, and had two side-walls like those of a well. There I saw some people in it whom I knew. I started saying, "I seek Refuge with Allah from the (Hell) Fire, I seek Refuge with Allah from the (Hell) Fire." Then another angel met the other two and said to me, "Do not be afraid." I narrated my dream to Hafsa who, in her turn, narrated it to the Prophet. He said, "What an excellent man `Abdullah is if he only observes the night prayer." (Salem, a sub-narrator said, "Abdullah used not to sleep at night but very little hence forward."

Yahya related to me from Malik that he had asked Ibn Shihab about the word of Allah, the Majestic, the Mighty, "O you who accept, when the call is made for the prayer on the day of jumua, make haste to the remembrance of Allah."(Sura 62 ayat 9). Ibn Shihab said, ''Umar ibn al-Khattab used to recite, 'When the call is made for the prayer on the day of jumua, go to the remembrance of Allah.' "

Malik said, "Making haste in the Book of Allah is only deed and action. Allah the Blessed, the Exalted, says 'and when he turns away, he acts in the land' (Sura 2 ayat 205), and He, the Exalted, said, 'and as for the one who comes to you acting with fear' (Sura 80 ayat 8), and He said, 'then he turned his back, and acted' (Sura 79 ayat 22),and He said, 'Your deeds are diverse' " (Sura 92 ayat 4). Malik said, "Thus making haste which Allah mentions in His Book is not running on the feet or exertion. It only means deed and actions."

Yahya related to me from Malik that Abu'z-Zubayr al-Makki said, "I saw the House deserted both after subh and asr, with no-one doing tawaf."

Malik said, "If someone does some of his circuits and then the subh or asr prayer is begun, he should pray with the imam and then complete the rest of his circuits but should not pray at all until the sun has either risen or set "

He added, "There is no harm in delaying the two rakas until after he has prayed maghrib."

Malik said, "There is no harm in someone doing a single tawaf after subh or after asr, not to do more than one group of seven circuits, and then as long as he delays the two rakas until after the sun has risen, as Umar ibn al-Khattab did, or he delays them until after the sun has set if it is after asr. Then when the sun has set he can pray them if he wants, or, if he wants, he can delay them until after he has prayed maghrib. There is no harm in that."

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

My Ansari neighbor from Bani Umaiya bin Zaid who used to live at `Awali Al-Medina and used to visit the Prophet by turns. He used to go one day and I another day. When I went I used to bring the news of that day regarding the Divine Inspiration and other things, and when he went, he used to do the same for me. Once my Ansari friend, in his turn (on returning from the Prophet), knocked violently at my door and asked if I was there." I became horrified and came out to him. He said, "Today a great thing has happened." I then went to Hafsa and saw her weeping. I asked her, "Did Allah's Apostle divorce you all?" She replied, "I do not know." Then, I entered upon the Prophet and said while standing, "Have you divorced your wives?" The Prophet replied in the negative. On that I said, "Allahu-Akbar (Allah is Greater)." (See Hadith No. 119, Vol. 3 for details)

Ibn `Abbas said, "When the ailment of the Prophet became worse, he said, 'Bring for me (writing) paper and I will write for you a statement after which you will not go astray.' But `Umar said, 'The Prophet is seriously ill, and we have got Allah's Book with us and that is sufficient for us.' But the companions of the Prophet differed about this and there was a hue and cry. On that the Prophet said to them, 'Go away (and leave me alone). It is not right that you should quarrel in front of me." Ibn `Abbas came out saying, "It was most unfortunate (a great disaster) that Allah's Apostle was prevented from writing that statement for them because of their disagreement and noise. (Note: It is apparent from this Hadith that Ibn `Abbas had witnessed the event and came out saying this statement. The truth is not so, for Ibn `Abbas used to say this statement on narrating the Hadith and he had not witnessed the event personally. See Fath Al-Bari Vol. 1, p.220 footnote.) (See Hadith No. 228, Vol. 4).

It was narrated that Juwairiyyah bin Qudamah said: I did Haji and I came to Madinah the year ‘Umar was stabbed. He gave a speech and said: I dreamt that a red rooster pecked me once or twice - Shu`bah was not certain - and only a week later, he was stabbed. And he mentioned a similar report, except that he said: And l advise you be kind to the non-Muslim people under your rule (ahludh-dhimmah), and honour the covenant of your Prophet (ﷺ). Then I asked him after that and he said concerning the Bedouin: I advise you to be kind to the Bedouin, for they are your brothers and the enemy of your enemy,

The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted each other. `Abdur-Rahman said to them, "I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you." So all of them agreed to let `Abdur-Rahman decide the case. So when the candidates placed the case in the hands of `Abdur-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. So the people followed `Abdur-Rahman and consulted him all those nights till there came the night we gave the oath of allegiance to `Uthman. Al-Miswar (bin Makhrama) added: `Abdur-Rahman called on me after a portion of the night had passed and knocked on my door till I got up, and he said to me, "I see you have been sleeping! By Allah, during the last three nights I have not slept enough. Go and call Az-Zubair and Sa`d.' So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called `Ali and he held a private talk with him till very late at night, and then 'Al, got up to leave having had much hope (to be chosen as a Caliph) but `Abdur-Rahman was afraid of something concerning `Ali. `Abdur-Rahman then said to me, "Call `Uthman for me." I called him and he kept on speaking to him privately till the Mu'adh-dhin put an end to their talk by announcing the Adhan for the Fajr prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, `Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with `Umar that year. When all of them had gathered, `Abdur- Rahman said, "None has the right to be worshipped but Allah," and added, "Now then, O `Ali, I have looked at the people's tendencies and noticed that they do not consider anybody equal to `Uthman, so you should not incur blame (by disagreeing)." Then `Abdur-Rahman said (to `Uthman), "I gave the oath of allegiance to you on condition that you will follow Allah's Laws and the traditions of Allah's Apostle and the traditions of the two Caliphs after him." So `Abdur-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims.

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

The Prophet fought with the people of Khaybar, and captured their palm-trees and land, and forced them to remain confined to their fortresses. So they concluded a treaty of peace providing that gold, silver and weapons would go to the Messenger of Allah (saws), and whatever they took away on their camels would belong to them, on condition that they would not hide and carry away anything. If they did (so), there would be no protection for them and no treaty (with Muslims).

They carried away a purse of Huyayy ibn Akhtab who was killed before (the battle of) Khaybar. He took away the ornaments of Banu an-Nadir when they were expelled.

The Prophet (saws) asked Sa'yah: Where is the purse of Huyayy ibn Akhtab?

He replied: The contents of this purse were spent on battles and other expenses. (Later on) they found the purse. So he killed Ibn AbulHuqayq, captured their women and children, and intended to deport them.

They said: Muhammad, leave us to work on this land; we shall have half (of the produce) as you wish, and you will have half. The Messenger of Allah (saws) used to make a contribution of eighty wasqs of dates and twenty wasqs of wheat to each of his wives.

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

The people started asking the Prophet too many questions importunately. So one day he ascended the pulpit and said, "You will not ask me any question but I will explain it to you." I looked right and left, and behold, every man was covering his head with his garment and weeping. Then got up a man who, whenever quarreling with somebody, used to be accused of not being the son of his father. He said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." Then `Umar got up and said, "We accept Allah as our Lord, Islam as our religion and Muhammad as our Apostle and we seek refuge with Allah from the evil of afflictions." The Prophet said, " I have never seen the good and bad like on this day. No doubt, Paradise and Hell was displayed in front of me till I saw them in front of that wall," Qatada said: This Hadith used to be mentioned as an explanation of this Verse:-- 'O you who believe! Ask not questions about things which, if made plain to you, may cause you trouble.' (5.101)

Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

One night I slept at the house of my aunt Maimuna and the Prophet slept (too). He got up (for prayer) in the last hours of the night and performed a light ablution from a hanging leather skin. (`Amr, the sub-narrator described that the ablution was very light). Then he stood up for prayer and I got up too and performed the ablution in the same way and joined him on his left side. He pulled me to the right and prayed as much as Allah will. Then he lay down and slept and I heard his breath sounds till the Mu'adh-dhin came to him to inform him about the (Fajr) prayer. He left with him for the prayer and prayed without repeating the ablution. (Sufyan the sub-narrator said: We said to `Amr, "Some people say, 'The eyes of the Prophet sleep but his heart never sleeps.' " `Amr said, "'Ubai bin `Umar said, 'The dreams of the Prophets are Divine Inspirations. Then he recited, '(O my son), I have seen in dream that I was slaughtering you (offering you in sacrifice).") (37.102)

We were in the company of the Prophet in a Ghazwa. A large number of emigrants joined him and among the emigrants there was a person who used to play jokes (or play with spears); so he (jokingly) stroked an Ansari man on the hip. The Ans-ari got so angry that both of them called their people. The Ansari said, "Help, O Ansar!" And the emigrant said "Help, O emigrants!" The Prophet came out and said, "What is wrong with the people (as they are calling) this call of the period of Ignorance? "Then he said, "What is the matter with them?" So he was told about the stroke of the emigrant to the Ansari. The Prophet said, "Stop this (i.e. appeal for help) for it is an evil call. "Abdullah bin Ubai bin Salul (a hypocrite) said, "The emigrants have called and (gathered against us); so when we return to Medina, surely, the more honorable people will expel therefrom the meaner," Upon that `Umar said, "O Allah's Prophet! Shall we not kill this evil person (i.e. `Abdullah bin Ubai bin Salul) ?" The Prophet) said, "(No), lest the people should say that Muhammad used to kill his companions."

Sa'id asked: Whom is this man abusing? He replied: He is abusing Ali. He said: Don't I see that the companions of the Messenger of Allah (saws) are being abused, but you neither stop it nor do anything about it? I heard the Messenger of Allah (saws) say--and I need not say for him anything which he did not say, and then he would ask me tomorrow when I see him --AbuBakr will go to Paradise and Umar will go to Paradise. He then mentioned the rest of the tradition to the same effect (as in No. 4632).

He then said: The company of one of their man whose face has been covered with dust by the Messenger of Allah (saws) is better than the actions of one of you for a whole life time even if he is granted the life-span of Noah.

Once the people started asking Allah's Apostle questions, and they asked so many questions that he became angry and ascended the pulpit and said, "I will answer whatever questions you may ask me today." I looked right and left and saw everyone covering his face with his garment and weeping. Behold ! There was a man who, on quarreling with the people, used to be called as a son of a person other than h is father. He said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." And then `Umar got up and said, "We accept Allah as our Lord, and Islam as (our) religion, and Muhammad as (our) Apostle; and we seek refuge with Allah from the afflictions." Allah's Apostle said, " I have never seen a day like today in its good and its evil for Paradise and the Hell Fire were displayed in front of me, till I saw them just beyond this wall." Qatada, when relating this Hadith, used to mention the following Verse:-- 'O you who believe! Ask not questions about things which, If made plain to you, May cause you trouble. (5.101)

[Al-Bukhari].

Yahya related to me from Malik that he had heard some of the people of knowledge say, "If someone goes into ihram to do umra and then wants to go into ihram to do hajj as well, he can do so, as long as he has not done tawaf of the House and s'ay between Safa and Marwa. This is what Abdullah ibn 'Umar did when he said, 'If I am blocked from the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace.' He then turned to his companions and said, 'It is the same either way. I call you to witness that I have decided in favour of hajj and umra together. ' "

Malik said, "The companions of the Messenger of Allah, may Allah bless him and grant him peace, went into ihram to do umra in the year of the farewell hajj, and the Messenger of Allah, may Allah bless him and grant him peace, said to them, 'Anyone that has a sacrificial animal with him should go into ihram to do hajj and umra together, and he should not come out of ihram until he has finished both.' "

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

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