Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Malik related to me from Zayd ibn Aslam that a man confessed to fornication in the time of the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, called for a whip, and he was brought a broken whip. He said, "Above this," and he was brought a new whip whose knots had not been cut yet. He said, "Below this," and he was brought a whip which had been used and made flexible. The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was flogged. Then he said, "People! The time has come for you to observe the limits of Allah. Whoever has had any of these ugly things befall him should cover them up with the veil of Allah. Whoever reveals to us his wrong action, we perform what is in the Book of Allah against him."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, sent a gift to Umar ibn al-Khattab, and Umar returned it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did you return it?" He said, "Messenger of Allah, didn't you tell us that it is better for us not to take anything from anyone?" The Messenger of Allah, may Allah bless him and grant him peace, said, "That is by asking. Provision which Allah gives you is different from asking." Umar ibn al-Khattab said, "By the One in whose hand my self is, I will not ask anything from anyone, and anything that comes to me without my asking for it, I will accept."

Abu Huraira said, "During that Hajj (in which Abu Bakr was the chief of the pilgrims) Abu Bakr sent me along with announcers on the Day of Nahr ( 10th of Dhul-Hijja) in Mina to announce: "No pagans shall perform, Hajj after this year, and none shall perform the Tawaf around the Ka`ba in a naked state." Humaid bin `Abdur Rahman added: Then Allah's Apostle sent `Ali bin Abi Talib (after Abu Bakr) and ordered him to recite aloud in public Surat Bara'a. Abu Huraira added, "So `Ali, along with us, recited Bara'a (loudly) before the people at Mina on the Day of Nahr and announced; "No pagan shall perform Hajj after this year and none shall perform the Tawaf around the Ka`ba in a naked state."

Abu Huraira said, "Abu Bakr sent me in that Hajj in which he was the chief of the pilgrims along with the announcers whom he sent on the Day of Nahr to announce at Mina: "No pagan shall perform Hajj after this year, and none shall perform the Tawaf around the Ka`ba in a naked state." Humaid added: That the Prophet sent `Ali bin Abi Talib (after Abu Bakr) and ordered him to recite aloud in public Surat-Baraa. Abu Huraira added, "So `Ali, along with us, recited Bara'a (loudly) before the people at Mina on the Day of Nahr and announced "No pagan shall perform Hajj after this year and none shall perform the Tawaf around the Ka`ba in a naked state."

While I was praying, the Prophet called me but I did not respond to his call. Later I said, "O Allah's Apostle! I was praying." He said, "Didn't Allah say: 'O you who believe! Give your response to Allah (by obeying Him) and to His Apostle when he calls you'?" (8.24) He then said, "Shall I not teach you the most superior Surah in the Qur'an?" He said, '(It is), 'Praise be to Allah, the Lord of the worlds. ' (i.e., Surat Al-Fatiha) which consists of seven repeatedly recited Verses and the Magnificent Qur'an which was given to me."

While I was with `Abdullah, `Uthman met him at Mina and said, "O Abu `Abdur-Rahman ! I have something to say to you." So both of them went aside and `Uthman said, "O Abu `Abdur-Rah. man! Shall we marry you to a virgin who will make you remember your past days?" When `Abdullah felt that he was not in need of that, he beckoned me (to join him) saying, "O 'Alqama!" Then I heard him saying (in reply to `Uthman), "As you have said that, (I tell you that) the Prophet once said to us, 'O young people! Whoever among you is able to marry, should marry, and whoever is not able to marry, is recommended to fast, as fasting diminishes his sexual power.

I married a woman and then a black lady came to us and said, "I have suckled you both (you and your wife)." So I came to the Prophet and said, "I married so-and-so and then a black lady came to us and said to me, 'I have suckled both of you.' But I think she is a liar." The Prophet turned his face away from me and I moved to face his face, and said, "She is a liar." The Prophet said, "How (can you keep her as your wife) when that lady has said that she has suckled both of you? So abandon (i.e., divorce) her (your wife).

A woman came to Allah's Apostle and said, "I present myself (to you) (for marriage). She stayed for a long while, then a man said, "If you are not in need of her then marry her to me." The Prophet said, "Have you got anything m order to pay her Mahr?" He said, "I have nothing with me except my Izar (waist sheet)." The Prophet said, "If you give her your Izar, you will have no Izar to wear, (so go) and search for something. He said, "I could not find anything." The Prophet said, "Try (to find something), even if it were an iron ring But he was not able to find (even that) The Prophet said (to him). "Do you memorize something of the Qur'an?" "Yes. ' he said, "such Sura and such Sura," naming those Suras The Prophet said, "We have married her to you for what you know of the Qur'an (by heart).

A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet and said, "O Allah's Apostle! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?" Allah's Apostle said, "It is unlawful to marry your first husband till the other husband consummates his marriage with you."

that he saw a man throwing stones with two fingers (at something) and said to him, "Do not throw stones, for Allah's Apostle has forbidden throwing stones, or he used to dislike it." `Abdullah added: Throwing stones will neither hunt the game, nor kill (or hurt) an enemy, but it may break a tooth or gouge out an eye." Afterwards `Abdullah once again saw the man throwing stones. He said to him, "I tell you that Allah's Apostle has forbidden or disliked the throwing the stones (in such a way), yet you are throwing stones! I shall not talk to you for such-and-such a period."

`Aisha, (complaining of headache) said, "Oh, my head"! Allah's Apostle said, "I wish that had happened while I was still living, for then I would ask Allah's Forgiveness for you and invoke Allah for you." Aisha said, "Wa thuklayah! By Allah, I think you want me to die; and If this should happen, you would spend the last part of the day sleeping with one of your wives!" The Prophet said, "Nay, I should say, 'Oh my head!' I felt like sending for Abu Bakr and his son, and appoint him as my successor lest some people claimed something or some others wished something, but then I said (to myself), 'Allah would not allow it to be otherwise, and the Muslims would prevent it to be otherwise".

We were with the Prophet and he was holding the hand of `Umar bin Al-Khattab. `Umar said to Him, "O Allah's Apostle! You are dearer to me than everything except my own self." The Prophet said, "No, by Him in Whose Hand my soul is, (you will not have complete faith) till I am dearer to you than your own self." Then `Umar said to him, "However, now, by Allah, you are dearer to me than my own self." The Prophet said, "Now, O `Umar, (now you are a believer).

Someone said to Usama, "Will you not talk to this (Uthman)?" Usama said, "I talked to him (secretly) without being the first man to open an evil door. I will never tell a ruler who rules over two men or more that he is good after I heard Allah's Apostle saying, 'A man will be brought and put in Hell (Fire) and he will circumambulate (go around and round) in Hell (Fire) like a donkey of a (flour) grinding mill, and all the people of Hell (Fire) will gather around him and will say to him, O so-and-so! Didn't you use to order others for good and forbid them from evil?' That man will say, 'I used to order others to do good but I myself never used to do it, and I used to forbid others from evil while I myself used to do evil.' "

Allah's Apostle said, "By Him in Whose Hands my life is, I was about to order for collecting fire wood and then order someone to pronounce the Adhan for the prayer and then order someone to lead the people in prayer and then I would go from behind and burn the houses of men who did not present themselves for the (compulsory congregational) prayer. By Him in Whose Hands my life is, if anyone of you had known that he would receive a bone covered with meat or two (small) pieces of meat present in between two ribs, he would come for `Isha' prayer." (See Hadith No. 617, Vol. 1)

The Prophet took a room made of date palm leaves mats in the mosque. Allah's Apostle prayed in it for a few nights till the people gathered (to pray the night prayer (Tarawih) (behind him.) Then on the 4th night the people did not hear his voice and they thought he had slept, so some of them started humming in order that he might come out. The Prophet then said, "You continued doing what I saw you doing till I was afraid that this (Tarawih prayer) might be enjoined on you, and if it were enjoined on you, you would not continue performing it. Therefore, O people! Perform your prayers at your homes, for the best prayer of a person is what is performed at his home except the compulsory congregational) prayer." (See Hadith No. 229,Vol. 3) (See Hadith No. 134, Vol. 8)

Allah's Apostle sent the brother of the tribe of Bani Adi Al-Ansari as governor of Khaibar. Then the man returned, bringing Janib (a good kind of date). Allah's Apostle asked him, "Are all the dates of Khaibar like that?" He replied, "No, by Allah, O Allah's Apostle! We take one Sa' of these (good) dates for two Sas of mixed dates." Allah's Apostle then said, "Do not do so. You should either take one Sa of this (kind) for one Sa' of the other; or sell one kind and then buy with its price the other kind (of dates), and you should do the same in weighing."

Abu Huraira said, "You people claim that Abu Huraira narrates many narrations of Allah's Apostle. (Anyhow) with Allah will be our appointment. I was a poor man, and used to stick to Allah's Apostle contented with what will fill my stomach, and the Muhajirin (emigrants) used to be busy trading in the markets, and the Ansar used to be busy looking after their properties. One-day I heard Allah's Apostle saying, 'Who will spread his Rida' (a garment covering the upper part of the body) till I finished my speech and then fold it, (i.e. wrap it over your body), in which case he will never forget anything he had heard from me." So I spread my garment which I was wearing; and by Him Who sent Muhammad with the Truth, ever since, I have never forgotten whatever I heard from him (the Prophet)" (See, Hadith No. 119, Vol. 1)

Allah's Apostle said, "On the Day of Resurrection, Allah will grasp the whole Earth by His Hand, and all the Heavens in His right, and then He will say, 'I am the King." Abu Huraira said, "Allah's Apostle said," Allah will grasp the Earth...' "

(the slave of 'Uthman) I saw 'Uthman bin 'Affan asking for a tumbler of water (and when it was brought) he poured water over his hands and washed them thrice and then put his right hand in the water container and rinsed his mouth, washed his nose by putting water in it and then blowing it out. then he washed his face and forearms up to the elbows thrice, passed his wet hands over his head and washed his feet up to the ankles thrice. Then he said, "Allah's Apostle said 'If anyone performs ablution like that of mine and offers a two-rak'at prayer during which he does not think of anything else (not related to the present prayer) then his past sins will be forgiven.' "

The Prophet said, 'The (people of) Bani Israel used to take bath naked (all together) looking at each other. The Prophet Moses used to take a bath alone. They said, 'By Allah! Nothing prevents Moses from taking a bath with us except that he has a scrotal hernia.' So once Moses went out to take a bath and put his clothes over a stone and then that stone ran away with his clothes. Moses followed that stone saying, "My clothes, O stone! My clothes, O stone! till the people of Bani Israel saw him and said, 'By Allah, Moses has got no defect in his body. Moses took his clothes and began to beat the stone." Abu Huraira added, "By Allah! There are still six or seven marks present on the stone from that excessive beating."

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from Abu Salama ibn Abd ar-Rahman ibn Awf that he asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, what the prayer of the Messenger of Allah, may Allah bless him and grant him peace, was like during Ramadan. She said, "The Messenger of Allah, may Allah bless him and grant him peace, did not go above eleven rakas in Ramadan or at any other time. He prayed four - do not ask me about their beauty or length. Then he prayed another four - do not ask me about their beauty and length. Then he prayed three."

A'isha continued, "I said, 'Messenger of Allah, are you sleeping before you do the witr?' He said, A'isha, my eyes sleep but my heart does not sleep.' "

Yahya related to me from Malik from Ubaydullah ibn Abd ar-Rahman that Ubayd ibn Hunayn, the mawla of the family of Zayd ibn al Khattab, said that he had heard Abu Hurayra say, "I was going along with the Messenger of Allah, may Allah bless him and grant him peace, when he heard a man reciting Surat al-Ikhlas (Sura 112). The Messenger of Allah, may Allah bless him and grant him peace, said, 'It is obligatory,' and I asked him, 'What is, Messenger of Allah?' and he said, 'The Garden.' I wanted to tell the man the good news but I was afraid that I would miss the midday meal with the Messenger of Allah, may Allah bless him and grant him peace, and I preferred to eat with the Messenger of Allah, may Allah bless him and grant him peace. When I went to the man afterwards I found that he had gone."

Yahya related to me from Malik from Abu Bakr ibn Nafi from his father that the daughter of one of Safiyya bint Abi Ubayd's brothers was bleeding after she had given birth to a child at Muzdalifa. She and Safiyya were delayed and did not arrive at Mina until after the sun had set on the day of sacrifice. Abdullah ibn Umar told them both to stone the jamra at the time they arrived and he did not think that they owed anything.

Yahya said that Malik was asked about some one who forgot to stone one of the jamras on one of the days of Mina until it was evening and he said, "He should throw the stones at whatever time of day or night he remembers, just as he would pray the prayer if he forgot it and then remembered it at any time of day or night. If he remembers (that he has not done the stoning) after he has returned to Makka, or after he has left, he must sacrifice an animal."

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik from Ibn Shihab from clsa ibn Talha that Abdullah ibn Amr ibn al-As said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for the people at Mina, and they questioned him and a man came and said to him, 'Messenger of Allah, I was unclear about what to do and I shaved before sacrificing,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Sacrifice, and don't worry.' Then another came to him and said 'Messenger of Allah, I was unclear about what to do and I sacrificed before throwing the stones.' He advised, 'Throw, and don't worry.' "

Amr continued, saying that the Messenger of Allah, may Allah bless him and grant him peace, was not asked about anything done before or after without his saying, "Do it, and don't worry."

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."

Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."

Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."

`Abdullah bin `Umar said: "A man got up in the mosque and said: O Allah's Apostle 'At which place you order us that we should assume the Ihram?' Allah's Apostle replied, 'The residents of Medina should assure the Ihram from Dhil-Hulaifa, the people of Syria from Al-Juhfa and the people of Najd from Qarn." Ibn `Umar further said, "The people consider that Allah's Apostle had also said, 'The residents of Yemen should assume Ihram from Yalamlam.' " Ibn `Umar used to say, "I do not: remember whether Allah's Apostle had said the last statement or not?"

`Abdullah said, "Whenever we prayed behind the Prophet we used to recite (in sitting) 'Peace be on Gabriel, Michael, peace be on so and so. Once Allah's Apostle looked back at us and said, 'Allah Himself is As-Salam (Peace), and if anyone of you prays then he should say, at-Tahiyatu li l-lahi wa ssalawatu wa t-taiyibat. As-salamu `alalika aiyuha n-Nabiyu wa rahmatu l-lahi wa barakatuh. Assalamu `alaina wa `ala `ibadi l-lahi s-salihin. (All the compliments, prayers and good things are due to Allah; peace be on you, O Prophet, and Allah's mercy and blessings [be on you]. Peace be on us an on the pious subjects of Allah). (If you say that, it will reach all the subjects in the heaven and the earth). Ash-hadu al-la ilaha illa l-lah, wa ash-hadu anna Muhammadan `Abduhu wa Rasuluh. (I testify that there is no Deity [worthy of worship] but Allah, and I testify that Muhammad is His slave and His Apostle).

Once a meal was brought to `Abdur-Rahman bin `Auf and he was fasting. He said, "Mustab bin `Umar was martyred and he was better than I and was shrouded in his Burd and when his head was covered with it, his legs became bare, and when his legs were covered his head got uncovered. Hamza was martyred and was better than I. Now the worldly wealth have been bestowed upon us (or said a similar thing). No doubt, I fear that the rewards of my deeds might have been given earlier in this world." Then he started weeping and left his food.

`Aisha said, "The first thing the Prophet did on reaching Mecca, was the ablution and then he performed Tawaf of the Ka`ba and that was not `Umra (alone), (but Hajj-al-Qiran). `Urwa added: Later Abu Bakr and `Umar did the same in their Hajj." And I performed the Hajj with my father Az- Zubair, and the first thing he did was Tawaf of the Ka`ba. Later I saw the Muhajirin (Emigrants) and the Ansar doing the same. My mother (Asma') told me that she, her sister (`Aisha), Az-Zubair and such and such persons assumed Ihram for `Umra, and after they passed their hands over the Black Stone Corner (of the Ka`ba) they finished the Ihram. (i.e. After doing Tawaf of the Ka`ba and Sa`i between Safa-Marwa.

"The Prophet said, 'Allah has made Mecca, a sanctuary, so it was a sanctuary before me and will continue to be a sanctuary after me. It was made legal for me (i.e. I was allowed to fight in it) for a few hours of a day. It is not allowed to uproot its shrubs or to cut its trees, or to chase (or disturb) its game, or to pick up its luqata (fallen things) except by a person who would announce that (what he has found) publicly.' Al-`Abbas said, 'O Allah's Apostle! Except Al-Idhkhir (a kind of grass) (for it is used) by our goldsmiths and for our graves.' The Prophet then said, 'Except Al-Idhkhir.' " `Ikrima said, 'Do you know what "chasing or disturbing" the game means? It means driving it out of the shade to occupy its place."

Allah's Apostle said, "Allah made Mecca a sanctuary and it was neither permitted for anyone before, nor will it be permitted for anyone after me (to fight in it). And fighting in it was made legal for me for a few hours of a day only. None is allowed to uproot its thorny shrubs or to cut down its trees or to chase its game or to pick up its Luqata (fallen things) except by a person who would announce it publicly." `Abbas bin `Abdul-Muttalib requested the Prophet, "Except Al-Idhkhir, for our goldsmiths and for the roofs of our houses." The Prophet said, "Except Al-Idhkhir." `Ikrima said, "Do you know what is meant by chasing its game? It is to drive it out of the shade and sit in its place." Khalid said, "(`Abbas said: Al-Idhkhir) for our goldsmiths and our graves."

The Prophet said, "Both the buyer and the seller have the option of canceling or confirming the bargain unless they separate." The sub-narrator, Hammam said, "I found this in my book: 'Both the buyer and the seller give the option of either confirming or canceling the bargain three times, and if they speak the truth and mention the defects, then their bargain will be blessed, and if they tell lies and conceal the defects, they might gain some financial gain but they will deprive their sale of (Allah's) blessings."

That the Messenger of Allah (saws) said: "The dweller of the town is not to sell for the Bedouin, leave the people ; Allah provides for some of them through others."

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith, and this Hadith of Jabir is a Hasan Sahih Hadith as well.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They dislike the dweller of the town to sell for the Bedouin, while some of them permitted the town dweller to purchase for the Bedouin. Ash-Shafi'i said: "It is disliked for the dweller of the town to sell for the Bedouin, and if he does sell, then the sale is permissible.