Yahya related to me from Malik that Ibn Shihab said, "The precedent of the sunna is that the tribe are not liable for any blood- money of an intentional killing unless they wish that."

Yahya related to me from Malik from Yahya ibn Said the same as that.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Ata ibn Abi Rabah that Abdullah ibn Abbas was asked about a man who had had intercourse with his wife while at Mina before he had done the tawaf al-ifada, and he told him to sacrifice an animal.

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. ...

The fact which stops me from narrating a great number of Hadiths to you is that the Prophet said: "Whoever tells a lie against me intentionally, then (surely) let him occupy his seat in Hell-fire."

Allah's Apostle said, "We (Muslims) are the last (people to come in the world) but (will be) the foremost (on the Day of Resurrection)."

The Prophet used to lean on my lap and recite Qur'an while I was in menses.

Malik related to me from Yahya ibn Said that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to pray the two rakas of the dawn (fajr) so quickly that I would say to myself 'Has he recited the umm al-Qur'an or not?' "

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, forbade fasting for two days or more without breaking the fast in between. They said, "But Messenger of Allah, you practise wisal." He replied, "I am not the same as you. I am fed and given to drink."

Yahya related to me from Malik, from Abd ar-Rahman ibn Harmala al-Aslami, that somebody asked Said ibn al-Musayyab, "Can I do umra before I do hajj?", and Said said, "Yes, the Messenger of Allah, may Allah bless him and grant him peace, did umra before doing hajj."

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, forbade shighar, which meant one man giving his daughter in marriage to another man on the condition that the other gave his daughter to him in marriage without either of them paying the bride-price.

The Prophet said, "The Prophet Abraham emigrated with Sarah and entered a village where there was a king or a tyrant. (The king) was told that Abraham had entered (the village) accompanied by a woman who was one of the most charming women. So, the king sent for Abraham and asked, 'O Abraham! Who is this lady accompanying you?' Abraham replied, 'She is my sister (i.e. in religion).' Then Abraham returned to her and said, 'Do not contradict my statement, for I have informed them that you are my sister. By Allah, there are no true believers on this land except you and 1.' Then Abraham sent her to the king. When the king got to her, she got up and performed ablution, prayed and said, 'O Allah! If I have believed in You and Your Apostle, and have saved my private parts from everybody except my husband, then please do not let this pagan overpower me.' On that the king fell in a mood of agitation and started moving his legs. Seeing the condition of the king, Sarah said, 'O Allah! If he should die, the people will say that I have killed him.' The king regained his power, and proceeded towards her but she got up again and performed ablution, prayed and said, 'O Allah! If I have believed in You and Your Apostle and have kept my private parts safe from all except my husband, then please do not let this pagan overpower me.' The king again fell in a mood of agitation and started moving his legs. On seeing that state of the king, Sarah said, 'O Allah! If he should die, the people will say that I have killed him.' The king got either two or three attacks, and after recovering from the last attack he said, 'By Allah! You have sent a satan to me. Take her to Abraham and give her Ajar.' So she came back to Abraham and said, 'Allah humiliated the pagan and gave us a slave-girl for service."

When the delegates of the tribe of Hawazin after embracing Islam, came to Allah's Apostle, he got up. They appealed to him to return their properties and their captives. Allah's Apostle said to them, "The most beloved statement to me is the true one. So, you have the option of restoring your properties or your captives, for I have delayed distributing them." The narrator added, Allah's Apostle c had been waiting for them for more than ten days on his return from Taif. When they realized that Allah's Apostle would return to them only one of two things, they said, "We choose our captives." So, Allah's Apostle got up in the gathering of the Muslims, praised Allah as He deserved, and said, "Then after! These brethren of yours have come to you with repentance and I see it proper to return their captives to them. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first booty which Allah will give us then he can do so." The people replied, "We agree to give up our shares willingly as a favor for Allah's Apostle." Then Allah's Apostle said, "We don't know who amongst you has agreed and who hasn't. Go back and your chiefs may tell us your opinion." So, all of them returned and their chiefs discussed the matter with them and then they (i.e. their chiefs) came to Allah's Apostle to tell him that they (i.e. the people) had given up their shares gladly and willingly.

When the Hawazin delegation came to Allah's Apostle after they had embraced Islam and requested him to return their properties and war prisoners to them, Allah's Apostle said, "To me the best talk is the truest, so you may choose either of two things; the war prisoners or the wealth, for I have delayed their distribution." Allah's Apostle had waited for them for over ten days when he returned from Ta'if. So, when those people came to know that Allah's Apostle was not going to return to them except one of the two things the said, "We choose our war Prisoners 'Allah's Apostle stood up amongst the Muslims, and after glorifying Allah as He deserved, he said, "Now then, these brothers of yours have come to us with repentance, and I see it logical that I should return their captives to them, so whoever of you likes to do that as a favor then he can do it, and whoever amongst you likes to stick to his share, let him give up his prisoners and we will compensate him from the very first Fai' (i.e. war booty received without fight) which Allah will give us." On that, all the people said. 'O Allah's Apostles We have agreed willingly to do so (return the captives)" Then Allah's Apostle said to them "I do not know who amongst you has agreed to this and who has not. You should return and let your leaders inform me of your agreement." The people returned and their leaders spoke to them, and then came to Allah's Apostle and said, "All the people have agreed willingly to do so and have given the permission to return the war prisoners (without Compensation)" (Az-Zuhri, the sub-narrator states) This is what has been related to us about the captives of Hawazin.

Abu Bakr came from his house at As-Sunh on a horse. He dismounted and entered the Mosque, but did not speak to the people till he entered upon `Aisha and went straight to Allah's Apostle who was covered with Hibra cloth (i.e. a kind of Yemenite cloth). He then uncovered the Prophet's face and bowed over him and kissed him and wept, saying, "Let my father and mother be sacrificed for you. By Allah, Allah will never cause you to die twice. As for the death which was written for you, has come upon you." Narrated Ibn `Abbas: Abu Bakr went out while `Umar bin Al-Khattab was talking to the people. Abu Bakr said, "Sit down, O `Umar!" But `Umar refused to sit down. So the people came to Abu Bakr and left `Umar. Abu Bakr said, "To proceed, if anyone amongst you used to worship Muhammad , then Muhammad is dead, but if (anyone of) you used to worship Allah, then Allah is Alive and shall never die. Allah said:--"Muhammad is no more than an Apostle, and indeed (many) apostles have passed away before him..(till the end of the Verse )......Allah will reward to those who are thankful." (3.144) By Allah, it was as if the people never knew that Allah had revealed this Verse before till Abu Bakr recited it and all the people received it from him, and I heard everybody reciting it (then). Narrated Az-Zuhri: Sa`id bin Al-Musaiyab told me that `Umar said, "By Allah, when I heard Abu Bakr reciting it, my legs could not support me and I fell down at the very moment of hearing him reciting it, declaring that the Prophet had died."

Are you not surprised at AbuHurayrah? He came and sat beside my apartment, and began to narrate traditions from the Messenger of Allah (saws) making me hear them. I was saying supererogatory prayer. He got up (and went away) before I finished my prayer. Had I found him, I would have replied to him. The Messenger of Allah (saws) did not narrate traditions quickly one after another as you narrate quickly.

Muhammad ibn AbuYahya said that his father told that he and his companion went to AbuSa'id al-Khudri to pay a sick visit to him. He said: Then we came out from him and met a companion of ours who wanted to go to him. We went ahead and sat in the mosque. He then came back and told us that he heard AbuSa'id al-Khudri say: The Messenger of Allah (saws) said: Some snakes are jinn; so when anyone sees one of them in his house, he should give it a warning three times. If it return (after that), he should kill it, for it is a devil.

I heard Allah's Apostle who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to `Ali bin Abu Talib, but I don't give permission, and will not give permission unless `Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me."

that he entered upon Yahya bin Sa`id while one of Yahya's sons was aiming at a hen after tying it. Ibn `Umar walked to it and untied it. Then he brought it and the boy and said. "Prevent your boys from tying the birds for the sake of killing them, as I have heard the Prophet forbidding the killing of an animal or other living thing after tying them."

A man asked permission to see the Prophet. He said, "Let Him come in; What an evil man of the tribe he is! (Or, What an evil brother of the tribe he is). But when he entered, the Prophet spoke to him gently in a polite manner. I said to him, "O Allah's Apostle! You have said what you have said, then you spoke to him in a very gentle and polite manner? The Prophet said, "The worse people, in the sight of Allah are those whom the people leave (undisturbed) to save themselves from their dirty language."

A Jew killed a girl so that he may steal her ornaments. He struck her with a stone, and she was brought to the Prophet while she was still alive. The Prophet asked her, "Did such-and-such person strike you?" She gestured with her head, expressing denial. He asked her for the second time, and she again gestured with her head, expressing denial. When he asked her for the third time, she beckoned, "Yes." So the Prophet killed him (the Jew) with two stones.

`Ali was told that Ibn `Abbas did not see any harm in the Mut'a marriage. `Ali said, "Allah's Apostle forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat." Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others said, "The marriage is valid but its condition is illegal."

Yahya related to me from Malik, from Nafi, from Nubayh ibn Wahb, who was from the tribe of Bani Abd ad-Dar, that Umar ibn Ubaydullah sent a message to Aban ibn Uthman (who was amir of the hajj at the time), while both of them were in ihram, saying, "I want to marry Bint Shayba ibn Jubayr to Talha ibn Umar and I want you to be present." Aban told him that he should not do that and said, "I heard Uthman ibn Affan say that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A man in ihram should not marry, or give in marriage, or get betrothed.' "

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr said about the child of lian and the child of fornication, that if they died, the mother inherited her right from them according to the Book of Allah, the Mighty, the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin, she inherited her due and the siblings by the mother inherited their due, and the rest went to the Muslims.

Malik said, "I heard the same as that from Sulayman ibn Yasar."

Malik said, "That is what I saw the people of knowledge in our city doing."

I was informed by Abu Sufyan that Heraclius said to him, "I asked you whether they (followers of Muhammad) were increasing or decreasing. You replied that they were increasing. And in fact, this is the way of true Faith till it is complete in all respects. I further asked you whether there was anybody, who, after embracing his (the Prophets) religion (Islam) became displeased and discarded it. You replied in the negative, and in fact, this is (a sign of) true faith. When its delight enters the heart and mixes with them completely, nobody can be displeased with it."

I was in the company of Allah's Apostle on one of the journeys and he went out to answer the call of nature (and after he finished) I poured water and he performed ablution; he washed his face, forearms and passed his wet hand over his head and over the two Khuff (socks made from thick fabric or leather).

`Umar bin Al-Khattab gave a horse in charity in Allah's Cause and later he saw it being sold in the market and intended to purchase it. Then he went to the Prophet and asked his permission. The Prophet said, "Do not take back what you have given in charity." For this reason, Ibn `Umar never purchased the things which he had given in charity, and in case he had purchased something (unknowingly) he would give it in charity again.

Allah's Apostle used to leave fasting in a certain month till we thought that he would not fast in that month, and he used to fast in another month till we thought he would not stop fasting at all in that month. And if one wanted to see him praying at night, one could see him (in that condition), and if one wanted to see him sleeping at night, one could see him (in that condition) too.

Dawud ibn Salih ibn Dinar at-Tammar quoted his mother as saying that her mistress sent her with some pudding (harisah) to Aisha who was offering prayer. She made a sign to me to place it down. A cat came and ate some of it, but when Aisha finished her prayer, she ate from the place where the cat had eaten. She stated: The Messenger of Allah (saws) said: It is not unclean: it is one of those who go round among you. She added: I saw the Messenger of Allah (saws) performing ablution from the water left over by the cat.

Kurayb the freed slave of Ibn Abbas reported: Abdullah ibn Abbas saw Abdullah ibn al-Harith praying having the back knot of the hair. He stood behind him and began to untie it. He remained standing unmoved (stationary). When he finished his prayer he came to Ibn Abbas and said to him: What were you doing with my head? He said: I heard the Messenger of Allah (saws) say: A man who prays with the black knot of hair tied is the one praying pinioned.

Abu Sufyan said, "Heraclius sent for me when I was in 'llya' (i.e. Jerusalem). Then he asked for the letter of Allah's Apostle and when he had finished its reading there was a great hue and cry around him and the voices grew louder and we were asked to quit the place. When we were turned out, I said to my companions, 'The cause of Ibn Abi Kabsha has become conspicuous as the King of Bani Al- Asfar is afraid of him.' "

That he was in the company of Allah's Apostle on some of his journeys. (The sub-narrator `Abdullah adds, "I think that Abu Bashir also said, 'And the people were at their sleeping places.") Allah's Apostle sent a messenger ordering: "There shall not remain any necklace of string or any other kind of necklace round the necks of camels except it is cut off."

While we were in the Mosque, the Prophet came out and said, "Let us go to the Jews" We went out till we reached Bait-ul-Midras. He said to them, "If you embrace Islam, you will be safe. You should know that the earth belongs to Allah and His Apostle, and I want to expel you from this land. So, if anyone amongst you owns some property, he is permitted to sell it, otherwise you should know that the Earth belongs to Allah and His Apostle."

The Prophet (saws) said to a man: Would you like me to marry you to so-and-so?

He said: Yes. He also said to the woman: Would you like me to marry you to so-and-so?

She said: Yes. He then married one to the other. The man had sexual intercourse with her, but he did not fix any dower for her, nor did he give anything to her. He was one of those who participated in the expedition to al-Hudaybiyyah. One part of the expedition to al-Hudaybiyyah had a share in Khaybar.

When he was nearing his death, he said: The Messenger of Allah (saws) married me to so-and-so, and I did not fix a dower for her, nor did I give anything to her. I call upon you as witness that I have given my share in Khaybar as her dower. So she took the share and sold it for one lakh (of dirhams).

Abu Dawud said: The version of 'Umar b. al-Khattab added in the beginning of this tradition, and his version is more perfect. He reported the Messenger of Allah (saws) as saying: The best marriage is the one that is most easy. The Messenger of Allah (saws) said to the man. The narrator then transmitted the rest of the tradition to the same effect.

Abu Dawud said: I am afraid this tradition has been added later on, for the matter is otherwise.

Some angels came to the Prophet while he was sleeping. Some of them said, "He is sleeping." Others said, "His eyes are sleeping but his heart is awake." Then they said, "There is an example for this companion of yours." One of them said, "Then set forth an example for him." Some of them said, "He is sleeping." The others said, "His eyes are sleeping but his heart is awake." Then they said, "His example is that of a man who has built a house and then offered therein a banquet and sent an inviter (messenger) to invite the people. So whoever accepted the invitation of the inviter, entered the house and ate of the banquet, and whoever did not accept the invitation of the inviter, did not enter the house, nor did he eat of the banquet." Then the angels said, "Interpret this example to him so that he may understand it." Some of them said, "He is sleeping.'' The others said, "His eyes are sleeping but his heart is awake." And then they said, "The houses stands for Paradise and the call maker is Muhammad; and whoever obeys Muhammad, obeys Allah; and whoever disobeys Muhammad, disobeys Allah. Muhammad separated the people (i.e., through his message, the good is distinguished from the bad, and the believers from the disbelievers).

My father gave me a gift. The narrator Isma'il b. Salim said: (He gave me) his slave as a gift. My mother 'Umrah daughter of Rawahah said: Go to the Messenger of Allah and call him as witness. He then came to the Prophet (saws) and mentioned it to him. He said him: I have given my son al-Nu'man a gift, and 'Umrah has asked me to call you as witness to it. He asked him: Have you children other than him? He said: I replied: Yes. He again asked: Have you given the rest of them the same as you have given al-Nu'man ? He said: No. Some of these narrators said in their version (that the Prophet said:) This in injustice. The others said in their version (that the Prophet said:) This is under force. So call some other person than me as witness to it. Mughirah said in his version: (The Prophet asked): Are you not pleased with the fact that all of them may be equal in virtue and grace ? He replied: Yes. He said: Then call some other person than me as witness to it. Mujahid mentioned in his version: They have right to you that you should do justice to them, as you have right to them that they should do good to you.

Abu Dawud said: In the version of al-Zuhri some (narrators) said: (Have you given) to all your sons ? and some (narrators) said: Your children. Ibn Abi Khalid narrated from al-Sha'bi in his version: Have your sons other than him ? Abu al-Duha narrated on the authority of al-Nu'man b. Bashir: Have you children other than him ?

That he heard the Prophet saying, "The person who severs the bond of kinship will not enter Paradise."

Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?" Ibn Abbas said to him, "She was divorced from you by three pronouncements, and by the ninety-seven, you have mocked the ayat of Allah."

Ibn Umar (Allah be pleased with them) said that Allah's Messenger (may peace be upon him) prohibited Shighar which means that a man gives his daughter in marriage on the condition that the other gives his daughter to him in marriage with- out any dower being paid by either.

Abu Sa'id reported that Allah's Apostle (may peace be upon him) prohibited that fresh dates and grapes be mixed together and that fresh dates and unripe dates be mixed together.

Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.

Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."

That Ubaidullah bin `Abdullah and Salim bin `Abdullah informed him that they told Ibn `Umar when Ibn Az-Zubair was attacked by the army, saying "There is no harm for you if you did not perform Hajj this year. We are afraid that you may be prevented from reaching the Ka`ba." Ibn `Umar said "We set out with Allah's Apostle and the non-believers of Quraish prevented us from reaching the Ka`ba, and so the Prophet slaughtered his Hadi and got his head shaved." Ibn `Umar added, "I make you witnesses that I have made `Umra obligatory for me. And, Allah willing, I will go and then if the way to Ka`ba is clear, I will perform the Tawaf, but if I am prevented from going to the Ka`ba then I will do the same as the Prophet did while I was in his company." Ibn `Umar then assumed Ihram for Umra from Dhul-Hulaifa and proceeded for a while and said, "The conditions of `Umra and Hajj are similar and I make you witnesses that I have made `Umra and Hajj obligatory for myself." So, he did not finish the Ihram till the day of Nahr (slaughtering) came, and he slaughtered his Hadi. He used to say, "I will not finish the Ihram till I perform the Tawaf, one Tawaf on the day of entering Mecca (i.e. of Safa and Marwa for both `Umra and Hajj).