Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)

The Prophet (saws) said: Two (prayers) are not rejected, or seldom rejected: Prayer at the time of the call to prayer, and (the prayer) at the time of fighting, when the people grapple with each other. Musa said: Rizq ibn Sa'id ibn AbdurRahman reported from AbuHazim on the authority of Sahl ibn Sa'd from the Prophet (saws) as saying: And while it is raining.

AbuLabid said: We were with AbdurRahman ibn Samurah ibn Kabul. The people got booty and plundered it. He stood and addressed (the people): I heard the Messenger of Allah (saws) prohibiting getting property from the booty before its distribution. Therefore, they returned what they had taken, He then distributed it among them.

Yahya related to me from Malik from Ibn Shihab that Abdullah ibn Amir gave Uthman ibn Affan a slave-girl who had a husband whom he had purchased at Basra. Uthman said, "I will not go near her until her husband separates from her." Ibn Amir compensated the husband and he separated from her.

Yahya related to me from Malik from Nafi that Rubayyi bint Muawwidh ibn Afra came with her paternal uncle to Abdullah ibn Umar and told him that she had divorced her husband for a compensation in the time of Uthman ibn Affan, and he heard about it and did not disapprove. Abdullah ibn Umar said, "Her idda is the idda of a divorced woman."

Yahya related to me from Malik from Ibn Shihab that AIi ibn Husayn ibn Ali ibn Abi Talib said, "The Messenger of Allah, may Allah bless him and grant him peace, used to say, 'Allah is greater' whenever he lowered himself and raised himself, and he continued to pray like that until he met Al lah ."

Qatadah said: I heard Jabir ibn Zayd who reported on the authority of Ibn Abbas; and Shu'bah reported the Prophet (saws) as saying: A menstruating woman and a dog cut off the prayer.

Abu Dawud said: Sa'id, Hisham and Hammam narrated this tradition from Qatadah on the authority of Jabir b. Zaid as a statement of Ibn 'Abbas.

AbdurRahman ibn al-Akhnas said that when he was in the mosque, a man mentioned Ali (may Allah be pleased with him). So Sa'id ibn Zayd got up and said: I bear witness to the Messenger of Allah (saws) that I heard him say: Ten persons will go to Paradise: The Prophet (saws) will go to Paradise, AbuBakr will go to Paradise, Umar will go to Paradise, Uthman will go to Paradise, Ali will go to Paradise, Talhah will go to Paradise: az-Zubayr ibn al-Awwam will go to paradise, Sa'd ibn Malik will go to Paradise, and AbdurRahman ibn Awf will go to Paradise. If I wish, I can mention the tenth. The People asked: Who is he: So he kept silence. The again asked: Who is he: He replied: He is Sa'id ibn Zayd.

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, "Is this thing in my land? I adjure you, you must tell me." Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan. If he does not bring four witnesses, then let him be completely handed over," (to the relatives of the murdered man).

"Abdul Majid bin Wahb narrated to us, he said: 'Al-'Adda' bin Khalid bin Hawdhah said to me: "Shall I not read to you a letter that was written for me from the Messenger of Allah (saws) ?'" He said: 'I said: "Of course." So he took out a letter for me: "This is what Al-'Adda' bin Khalid bin Hawdhah purchased from Muhammad, the Messenger of Allah (saws): He purchased from him a slave' - or - 'a female slave, having no ailments, nor being a runaway, nor having any malicious behavior. Sold by a Muslim to a Muslim.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from 'Abbad bin Laith. More than one of the people of Hadith have reported this Hadith from him.

From Sa'eed bin Al-Musayyab, from Ma'mar bin 'Abdullah bin Nadlah who said: "I heard the Messenger of Allah (saws) saying: 'Hoarding is nothing but sin.' So I (Muhammad) said to Sa'eed: "O Abu Muhammad! You hoard?" He said: "And Ma'mar would hoard."

It is also been reported that Sa'eed bin Musayyab would hoard oil, (camel) fodder, and the like.

[Abu 'Eisa said:] There are narrations on this topic from 'Umar, 'Ali, Abu Umamah, and Ibn 'Umar. The Hadith of Ma'mar is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they dislike hoarding food, and some of them make a concession for hoarding things other than food. Ibn Al-Mubarak said: "There is no harm in hoarding cotton, goat pelts and like."

"Anas bin Malik arrived. So I went to him and he said: 'Who are you ?' I said: 'I am Waqid bin 'Amr [bin Sa'd bin Ma'adh].'" He said: "So he began to cry and he said: 'You resemble Sa'd. Sa'd was one of the greatest people, and of the tallest. The Messenger of Allah (saws) was sent a cloak of Dibaj with gold woven into it. The Messenger of Allah (saws) wore it and ascended the Minbar. Then he stood, or sat, and the people began touching it, and they said: 'We never saw a garment like this before today.' So he said: 'Are you amazed at this ? The handkerchiefs of Sa'd in Paradise are better than what you see.'"

He said: There is something on this topic from Asma' bint Abu Bakr. This Hadith is Sahih.

I was sitting with Jabir bin Zaid and `Amr bin Aus, and Bjalla was narrating to them in 70 A.H. the year when Mus`ab bin Az-Zubair was the leader of the pilgrims of Basra. We were sitting at the steps of Zamzam well and Bajala said, "I was the clerk of Juz bin Muawiya, Al-Ahnaf's paternal uncle. A letter came from `Umar bin Al-Khattab one year before his death; and it was read:-- "Cancel every marriage contracted among the Magians between relatives of close kinship (marriages that are regarded illegal in Islam: a relative of this sort being called Dhu-Mahram.)" `Umar did not take the Jizya from the Magian infidels till `Abdur-Rahman bin `Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar ibn Ubaydullah from Amir ibn Sad ibn Abi Waqqas from his father that he used to practise coitus interruptus.

Yahya related to me from Malik from Ibn Shihab from Said ihn al-Musayyab that Umar ibn al Khattab and Uthman ibn Affan, may Allah be pleased with them, used to do the same.

whose eye Allah's Apostle had touched, that he had seen Sa`d bin Abi Waqqas offering one rak`a only for the witr prayer.

I heard the Prophet saying, "Learn the recitation of Qur'an from four persons: Ibn Mas`ud, Salim, the freed slave of Abu Hudhaifa, Ubai and Mu`adh bin Jabal."

Al-Hayyaj ibn Imran ibn Husayn reported that a slave of Imran ran away. He took a vow to Allah that if he overpowers him, he will cut off his head. He then sent me (to Samurah ibn Jundub) to ask him about this question for him. I came to Samurah ibn Jundub and asked him. He said: The Messenger of Allah (saws) used to exhort us to give alms (sadaqah) and forbid us to mutilate (a slain). I then came to Imran ibn Husayn and asked him. He said: The Messenger of Allah (saws) used to exhort us to give alms (sadaqah) and forbid us to mutilate (a slain).

Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. "Do you swear by Allah with fifty oaths that he did not die of it?" They refused and stopped themselves from doing it. He said to the others, "Will you take an oath?" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money.

Malik said, "One does not act on this."

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, from Ibn Shihab, from Ubaydullah ibn Abdullah ibn Utba ibn Masud, from Abdullah ibn Abbas, that as-Sab ibn Jaththama al-Laythi once gave a wild ass to the Messenger of Allah, may Allah bless him and grant him peace, while he was at al- Abwa, or Waddan, and the Messenger of Allah, may Allah bless him and grant him peace, gave it back to him. However, when the Messenger of Allah, may Allah bless him and grant him peace, saw the expression on the man's face he said, "We only gave it back to you because we are in ihram."

I asked `Uthman bin `Affan about a man who engaged in the sexual intercourse with his wife but did not discharge. `Uthman replied, "He should perform ablution like that for the prayer after washing his private parts." `Uthman added, "I heard that from Allah's Apostle." I asked `Ali bin Abi Talib, Az- Zubair bin Al-`Awwam, Talha bin 'Ubaidullah and Ubai bin Ka`b and they gave the same reply. (Abu Aiyub said that he had heard that from Allah's Apostle ) (This order was canceled later on so one has to take a bath. See, Hadith No. 180).

That the Messenger of Allah (saws) said: "At-Tiyarah is from Shirk, and none among us (it influences) except that Allah will remove it with Tawakkul (reliance)."

[Abu 'Eisa said:] I heard Muhammad bin Isma'il saying: "Sulaiman bin Harb used to say about this Hadith: 'And none among us (it influences) except that Allah will remove it with Tawakkul (reliance)' - Sulaiman would say: 'To me, this is a saying of 'Abdullah bin Mas'ud.'"

There are narrations on this topic from Sa'd, Abu Hurairah, Habis At-Tamimi, 'Aishah and Ibn 'Umar.

This Hadith is Hasan Sahih, we do not know of it except as a narration of Salamah bin Khuail. Shu'bah also reported this Hadith from Salamah.

Yahya related to me from Malik from Zayd ibn Aslam from Ibrahim ibn Abdullah ibn Hunayn from his father Abdullah ibn Hunayn that Abdullah ibn Abbas and al-Miswar ibn Makhrama once had a disagreement at al-Abwa. Abdullah said that some one in ihram could wash his head, and al Miswar ibn Makhrama maintained that some one in ihram could not wash his head.

Abdullah ibn Hunayn continued, "Abdullah ibn Abbas sent me to Abu Ayyub al-Ansari, and I found him doing ghusl between the posts of a well, screened by a garment. I greeted him and hesaid, 'Who is that?' I replied, 'I am 'Abdullah ibn Hunayn. 'Abdullah ibn Abbas sent me to you to ask how the Messenger of Allah, may Allah bless him and grant him peace, used to wash his head when he was in ihram.' "

He continued, "Abu Ayyub put his hand on the garment and pulled it down until I could see his head. He said to the man who was pouring out the water for him, 'Pour,' and he poured some over his head. Then he passed his hands over his head from the front to the back and then to the front again, and then said, 'I saw the Messenger of Allah, may Allah bless him and grant him peace, doing it like this.' "

That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."

[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."

Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.

The tradition mentioned above (No. 3833) has also been transmitted by Ibn Abbas from Maymunah, from the Prophet (saws) like the tradition narrated by az-Zuhri, from Ibn al-Musayyab.

'Imran ibn Muslim said, "I saw Anas sitting on a bed, placing one foot over another."

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said while he was leaning his back against the Kaba, "Whoever takes a stray is astray."

Yahya related to me from Malik that Yazid ibn Ruman said, "I used to pray next to Nafi ibn Jubayr ibn Mutim and he would nudge me to prompt him while we were praying."

I offered the funeral prayer behind Ibn `Abbas and he recited Al-Fatiha and said, "You should know that it (i.e. recitation of Al-Fatiha) is the tradition of the Prophet Muhammad.

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam was brought a man who had snatched some goods and he wanted to cut off his hand. He sent to Zayd ibn Thabit to ask him about it. Zayd ibn Thabit said to him, "The hand is not cut off for what is stolen by chance, openly, in haste."

Yahya related to me from Malik from Salama ibn Safwan ibn Salama az-Zuraqi that Zayd ibn Talha ibn Rukana, who attributed it to the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Every deen has an innate character. The character of Islam is modesty.' "

Yahya related to me from Malik from Sadaqa ibn Yasar that al- Mughira ibn Hakim saw Abdullah ibn Umar sit back from the two sajdas of the prayer onto the top of his feet. When he had finished, al- Mughira mentioned it to him, and Abdullah ibn Umar explained, "It is not a sunna of the prayer. I do it because I am ill."

Yahya related to me from Malik from a reliable source from Bukayr ibn Abdullah ibn al-Ashajj from Busr ibn Said that when Ubaydullah ibn al-Aswad al-Khawlani was in the room of Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, she used to pray in a shift and head-covering, without a waist-wrapper.

The Prophet (saws) said: He who begs (from people) when he is affluent will come on the Day of Resurrection with scrapes, scratchings, or lacerations on his face. He was asked: What constitutes affluence, Messenger of Allah? He replied:It is fifty dirhams or its value in gold.

The narrator Yahya said: Abdullah ibn Sufyan said to Sufyan: I remember that Shu'bah does not narrate from Hakim ibn Jubayr. Sufyan said: Zubayr transmitted to us this tradition from Muhammad ibn AbdurRahman ibn Yazid.

Ibn Abbas said: Aqra' ibn Habis asked the Prophet (saws) saying: Messenger of Allah hajj is to be performed annually or only once? He replied: Only once, and if anyone performs it more often, he performs a supererogatory act.

Abu Dawud said: The narrator Abu Sinan is Abu Sinan al-Du'wail. The same has been reported by both 'Abd al-Jalil bin Humaid and Sulaiman bin Kathir from al-Zuhri. The narrator 'Uqail reported the name "Sinan".

Yazid ibn Hurmuz said that when Najdah al-Haruri performed hajj during the rule of Ibn az-Zubayr, he sent someone to Ibn Abbas to ask him about the portion of the relatives (in the fifth). He asked: For whom do you think? Ibn Abbas replied: For the relatives of the Messenger of Allah (saws). The Messenger of Allah (saws) divided it among them. Umar presented it to us but we found it less than our right. We, therefore returned it to him and refused to accept it.

Malik related to me from Yahya ibn Said that Said ibn al-Musayyab said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, said to a man from the Aslam tribe called Hazzal, 'Hazzal, had you veiled him with your cloak, it would have been better for you.' "

Yahya ibn Said said, "I related this hadith in an assembly among whom was Yazid ibn Nuaym ibn Hazzal al-Aslami. Yazid said, 'Hazzal was my grandfather. This hadith is true.' "

Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off.

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Abd al-Qari mentioned to him that he once did tawaf of the House with Umar ibn al-Khattab after subh and when Umar had finished his tawaf he looked and saw that the sun had not yet risen, so he rode on until he made his camel kneel at Dhu Tuwa, and he prayed two rakas.

Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "The Messenger of Allah, may Allah bless him and grant him peace, passed by a dead sheep which had been given to a mawla of his wife, Maimuna. He said, ' Aren't you going to use its skin?' They said, 'Messenger of Allah, but it is carrion. 'The Messenger of Allah, may Allah bless him and grant him peace, said, 'Only eating it is haram.' "

Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al- Aziz said, "Even if divorce had to be declared a thousand times, the'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit."

I asked Ibn `Umar about Salam for dates. Ibn `Umar replied, "The Prophet forbade the sale (the fruits) of date-palms until they were fit for eating and also forbade the sale of silver for gold on credit." I also asked Ibn `Abbas about it. Ibn `Abbas replied, "The Prophet forbade the sale of dates till they were fit for eating, and could be weighed." I asked him, "What is to be weighed (as the dates are on the trees)?" A man sitting by Ibn `Abbas said, "It means till they are cut and stored."

`Abdullah bin Abu Hadrad Al-Aslami owed Ka`b bin Malik some money. One day the latter met the former and demanded his right, and their voices grew very loud. The Prophet passed by them and said, "O Ka`b," beckoning with his hand as if intending to say, "Deduct half the debts." So, Ka`b took half what the other owed him and remitted the other half.

One day Ibn `Umar, while in the Mosque, looked at a man who was dragging his clothes while walking in one of the corners of the Mosque He said, "See who is that. I wish he was near to me." Somebody then said (to Ibn `Umar), "Don't you know him, O Abu `Abdur-Rahman? He is Muhammad bin Usama." On that Ibn `Umar bowed his head and dug the earth with his hands and then, said, "If Allah's Apostle saw him, he would have loved him."

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."

3

As-Sa'ib bin Yazid said, "The Sa' at the time of the Prophet was equal to one Mudd plus one-third of a Mudd of your time, and then it was increased in the time of Caliph `Umar bin `Abdul `Aziz."