Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

That he heard the Prophet (saws) saying: "Seek your weak for me. For indeed you sustenance and aid is only by your weak."

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

(on the authority of his father who said) `Ammar said so (the above Statement). And Shu`ba stroked lightly the earth with his hands and brought them close to his mouth (blew off the dust) and passed them over his face and then the backs of his hands. `Ammar said, "Ablution (meaning Tayammum here) is sufficient for a Muslim if water is not available."

Malik said, "The sunna that we are all agreed upon here (in Madina) and which I have heard from the people of knowledge, is that there is no zakat on any kind of fresh (soft) fruit, whether it be pomegranates, peaches, figs or anything that is like them or not like them as long as it is fruit."

He continued, "No zakat has to be paid on animal fodder or herbs and vegetables of any kind, and there is no zakat to pay on the price realised on their sale until a year has elapsed over it from the day of sale which counts as the time the owner receives the sum."

Allah's Apostle ordered me to give in charity the skin and the coverings of the Budn which I had slaughtered.

My aunt took me to Allah's Apostle and said, "O Allah's Apostle! My nephew is sick"' The Prophet passed his hands over my head and blessed me. Then he performed ablution and I drank the remaining water, and standing behind him. A saw the seal in between his shoulders."

While we were sitting with the Prophet a man came and said, "O Allah's Apostle! I have been ruined." Allah's Apostle asked what was the matter with him. He replied "I had sexual intercourse with my wife while I was fasting." Allah's Apostle asked him, "Can you afford to manumit a slave?" He replied in the negative. Allah's Apostle asked him, "Can you fast for two successive months?" He replied in the negative. The Prophet asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet . He asked, "Where is the questioner?" He replied, "I (am here)." The Prophet said (to him), "Take this (basket of dates) and give it in charity." The man said, "Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina's) two mountains who are poorer than I." The Prophet smiled till his premolar teeth became visible and then said, 'Feed your family with it."

Malik related to me from Nafi that a man found something and went to Abdullah ibn Umar and said to him, "I have found something. What do you think I should do about it?" Abdullah ibn Umar said to him, "Publicise it!" He said, "I have done so." He said, "Do it again." He said, "I have done so." Abdullah said, "I do not order you to use it. If you wished, you could have left it."

The Prophet (saws) said: If any one of you greets me, Allah returns my soul to me and I respond to the greeting.

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."

One day the Messenger of Allah (saws) entered the mosque. He saw there a man from the Ansar called AbuUmamah.

He said: What is the matter that I am seeing you sitting in the mosque when there is no time of prayer?

He said: I am entangled in cares and debts, Messenger of Allah.

He replied: Shall I not teach you words by which, when you say them, Allah will remove your care, and settle your debt?

He said: Why not, Messenger of Allah?

He said: Say in the morning and evening: "O Allah, I seek refuge in Thee from care and grief, I seek refuge in Thee from incapacity and slackness, I seek refuge in Thee from cowardice and niggardliness, and I seek in Thee from being overcome by debt and being put in subjection by men."

He said: When I did that Allah removed my care and settled my debt.

Yahya related to me from Malik that what he preferred of what he had heard from the people of knowledge about a man or woman who vowed to walk to the House of Allah, was that they fulfilled the oath when performing umra, by walking until they had done say between Safa and Marwa. When they had done say it was finished. If they vowed to walk in the hajj, they walked until they came to Makka, then they walked until they had finished all the rites.

Malik said, "Walking is only for hajj or umra."

Yahya related to me from Malik that Muhammad ibn Abi Umama ibn Sahl ibn Hunayf heard his father say, "My father, Sahl ibn Hunayf did a ghusl at al-Kharrar. He removed the jubbah he had on while Amir ibn Rabia was watching, and Sahl was a man with beautiful white skin. Amir said to him, 'I have never seen anything like what I have seen today, not even the skin of a virgin.' Sahl fell ill on the spot, and his condition grew worse. Somebody went to the Messenger of Allah, may Allah bless him and grant him peace, and told him that Sahl was ill, and could not go with him. The Messenger of Allah, may Allah bless him and grant him peace, came to him, and Sahl told him what had happened with Amir. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why does one of you kill his brother? Why did you not say, "May Allah bless you?" (ta baraka-llah) The evil eye is true. Do wudu from it.' Amir did wudu from it and Sahl went with the Messenger of Allah, may Allah bless him and grant him peace, and there was nothing wrong with him."

The Prophet said, "A man keeps on asking others for something till he comes on the Day of Resurrection without any piece of flesh on his face." The Prophet added, "On the Day of Resurrection, the Sun will come near (to, the people) to such an extent that the sweat will reach up to the middle of the ears, so, when all the people are in that state, they will ask Adam for help, and then Moses, and then Muhammad (p.b.u.h) ." The sub-narrator added "Muhammad will intercede with Allah to judge amongst the people. He will proceed on till he will hold the ring of the door (of Paradise) and then Allah will exalt him to Maqam Mahmud (the privilege of intercession, etc.). And all the people of the gathering will send their praises to Allah.

[Al-Bukhari and Muslim].

Yahya related to me from Malik from Ibn Shihab that Sahl ibn Sad as-Saidi told him that Uwaymir al-Ajlani came to Asim ibn Adi al- Ansari and said to him, "Asim! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should .he do? Asim! ask the Messenger of Allah, may Allah bless him and grant him peace, about that for me." Asim asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the questions and reproved them until what he heard from the Messenger of Allah, may Allah bless him and grant him peace. was intolerable for Asim. When Asim returned to his people, Uwaymir came to him and said, " Asim! what did the Messenger of Allah, may Allah bless him and grant him peace, say to you?" Asim said to Uwaymir, "You didn't bring me any good. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the question which I asked him." Uwaymir said, "By Allah! I will not stop until I ask him about it!" Uwaymir stood up and went to the Messenger of Allah, may Allah bless him and grant him peace, in the middle of the people and said, "Messenger of Allah! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should he do?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Something has been sent down about you and your wife, so go and bring her."

Sahl continued, "They mutually cursed one another in the presence of the Messenger, may Allah bless him and grant him peace, and I was present with the people. When they finished cursing each other, Uwaymir said, 'I shall have lied about her, Messenger of Allah, if I keep her,' and pronounced the divorce three times before the Messenger of Allah, may Allah bless him and grant him peace, ordered him to do it."

Malik said that Ibn Shihab said, "That was how the sunna of a couple mutually cursing each other was established (lian)."

While delivering a sermon, Allah's Apostle said, "If anyone of you comes while the Imam is delivering the sermon or has come out for it, he should offer a two rak`at prayer."

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the call to prayer is made Shaytan retreats, passing wind, so that he will not hear the adhan. When the adhan is completed he comes back, until, when the iqama is said, he retreats again. When the iqama is completed, he comes back, until he comes between a man and his self and says, 'Think of such and such, think of such and such,' which he was not thinking about before, until the man does not know how much he has prayed."

The Messenger of Allah (saws) came in when his daughter died, and he said: Wash her with water and lotus leaves three or five times or more than that if you think fit, and put camphor, or some camphor in the last washing, then inform me when you finish. When we had finished we informed him, and he threw us his lower garment saying: Put it next to her body.

Malik's version has: that is, his lower garment (izar); and Musaddad did not say: He entered in.

Yahya related to me from Malik from Jafar ibn Muhammed ibn AIi from his father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, used to say, "Allah is greater" three times when he stopped on Safa, and "There is no god but Allah, alone, without any partner. To Him belong the Kingdom and praise, and He has power over everything" three times, and make dua. He would then do the same on Marwa.

My aunt took me to the Prophet and said, "O Allah's Apostle! This son of my sister has got a disease in his legs." So he passed his hands on my head and prayed for Allah's blessings for me; then he performed ablution and I drank from the remaining water. I stood behind him and saw the seal of Prophethood between his shoulders, and it was like the "Zir-al-Hijla" (means the button of a small tent, but some said 'egg of a partridge.' etc.)

The delegates of the tribe of `Abdul-Qais came and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and there is the infidels of the tribe of Mudar intervening between you and us, so we cannot come to you except in the Sacred Months. So please order us some instructions that we may apply it to ourselves and also invite our people whom we left behind us to observe as well." The Prophet said, "I order you (to do) four (things) and forbid you (to do) four: I order you to believe in Allah, that is, to testify that None has the right to be worshipped but Allah (the Prophet pointed with his hand); to offer prayers perfectly; to pay Zakat; to fast the month of Ramadan, and to pay the Khumus (i.e. one-fifth) of the war booty to Allah and I forbid you to use Ad-dubba', An-Naqir, Al-Hantam and Al-Muzaffat (i.e. utensils used for preparing alcoholic drinks)." (See Hadith No. 50, Vol. 1).

Yahya related to me from Malik that he heard Ibn Shihab say, "The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth."

Malik said, "This is what is done among us."

Ikrimah said: A group of people from Iraq said: Ibn Abbas, what is your opinion about the verse in which we have been commanded whatever we have been commanded, but no one acts upon it? The word of Allah, Most High, reads: "O ye who believe! Let those whom your right hands possess, and the (children) among you, who have not come of age, ask your permission (before) they enter your presence on three occasions: before morning prayer, while you are undressing for the noonday heat, and after late-night prayer. These are your three times of undress; outside those times it is not wrong for you or for them to move about."

Al-Qa'nabi recited the verse up to "full of knowledge and wisdom".

Ibn Abbas said: Allah is Most Clement and Most Merciful to the believers. He loves concealment. The people had neither curtains nor curtained canopies in their houses. Sometimes a servant, a child or a female orphan of a man entered while the man was having sexual intercourse with his wife. So Allah commanded them to ask permission in those times of undress. Then Allah brought them curtains and all good things. But I did not see anyone following it after that.

Abu Dawud said: The tradition of 'Ubaid Allah and of 'Ata, weakens this tradition.

That he asked Sa`id bin Jubair regarding (the statement of Allah). 'Move not your tongue concerning (the Qur'an) to make haste therewith.' He said, "Ibn `Abbas said that the Prophet used to move his lips when the Divine Inspiration was being revealed to him. So the Prophet was ordered not to move his tongue, which he used to do, lest some words should escape his memory. 'It is for Us to collect it' means, We will collect it in your chest;' and its recitation' means, We will make you recite it. 'But when We recite it (i.e. when it is revealed to you), follow its recital; it is for Us to explain it and make it clear,' (i.e. We will explain it through your tongue).

Do you make us (women) equal to dogs and donkeys? While I used to lie in my bed, the Prophet would come and pray facing the middle of the bed. I used to consider it not good to stand in front of him in his prayers. So I used to slip away slowly and quietly from the foot of the bed till I got out of my guilt.

I said, "O Allah's Apostle! We have slaughtered a young sheep of ours and have ground one Sa of barley. So, I invite you along with some persons." So, the Prophet said in a loud voice, "O the people of the Trench! Jabir had prepared "Sur" so come along."

The Prophet said, "There was a man amongst the people who had suspicion as to the righteousness of his deeds. Therefore he said to his family, 'If I die, take me and burn my corpse and throw my ashes into the sea on a hot (or windy) day.' They did so, but Allah, collected his particles and asked (him), What made you do what you did?' He replied, 'The only thing that made me do it, was that I was afraid of You.' So Allah forgave him."

Allah's Apostle said, "(The Prophet) Solomon once said, 'Tonight I will sleep with ninety women, each of whom will bring forth a (would-be) cavalier who will fight in Allah's Cause." On this, his companion said to him, "Say: Allah willing!" But he did not say Allah willing. Solomon then slept with all the women, but none of them became pregnant but one woman who later delivered a halfman. By Him in Whose Hand Muhammad's soul is, if he (Solomon) had said, 'Allah willing' (all his wives would have brought forth boys) and they would have fought in Allah's Cause as cavaliers. "

Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furaya bint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum, (which is 6 miles from Madina), and they had killed him.

She said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me in a dwelling which belonged to him, and had left me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said,'Yes.' So I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, 'What did you say?' I repeated the story about my husband. He said, 'Stay in your house until what is written reaches its term.' I did the idda in the house for four months and ten days."

She added, "When Uthman ibn Affan sent for me, I told him that, and he followed it and made decisions by it."

The Prophet said, "I am your predecessor (forerunner) at the Lake-Fount, and whoever will pass by there, he will drink from it and whoever will drink from it, he will never be thirsty. There will come to me some people whom I will recognize, and they will recognize me, but a barrier will be placed between me and them."

I asked `Abdullah bin `Umar, "O Abu `Abdur-Rahman! I saw you doing four things which I never saw being done by anyone of you companions?" `Abdullah bin `Umar said, "What are those, O Ibn Juraij?" I said, "I never saw you touching any corner of the Ka`ba except these (two) facing south (Yemen) and I saw you wearing shoes made of tanned leather and dyeing your hair with Hinna (a kind of red dye). I also noticed that whenever you were in Mecca, the people assume Ihram on seeing the new moon crescent (1st of Dhul-Hijja) while you did not assume the Ihlal (Ihram) -(Ihram is also called Ihlal which means 'Loud calling' because a Muhrim has to recite Talbiya aloud when assuming the state of Ihram) - till the 8th of Dhul-Hijja (Day of Tarwiya). `Abdullah replied, "Regarding the corners of Ka`ba, I never saw Allah's Apostle touching except those facing south (Yemen) and regarding the tanned leather shoes, no doubt I saw Allah's Apostle wearing non-hairy shoes and he used to perform ablution while wearing the shoes (i.e. wash his feet and then put on the shoes). So I love to wear similar shoes. And about the dyeing of hair with Hinna; no doubt I saw Allah's Apostle dyeing his hair with it and that is why I like to dye (my hair with it). Regarding Ihlal, I did not see Allah's Apostle assuming Ihlal till he set out for Hajj (on the 8th of Dhul-Hijja).

When this Verse was revealed: "Say: He has power to send torment on you from above." (6.65) Allah's Apostle said, "O Allah! I seek refuge with Your Face (from this punishment)." And when the verse: "or send torment from below your feet," (was revealed), Allah's Apostle said, "(O Allah!) I seek refuge with Your Face (from this punishment)." (But when there was revealed): "Or confuse you in party strife and make you to taste the violence of one another." (6.65) Allah's Apostle said, "This is lighter (or, this is easier).

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab used to pray as much as Allah willed in the night until at the end of the night he would wake his family for the prayer. He used to say to them, "The prayer, the prayer." Then he would recite the ayat, "Enjoin prayer on your family and be constant in it. We do not ask you for your provision. We provide for you. And the end result is for taqwa." (Sura 20 ayat 132)

I heard the Messenger of Allah (saws) say: Only a ruler, or one put in charge, or one who is presumptuous, gives instructions.