Sa`d bin Abi Waqqas and 'Abu bin Zam`a quarreled over a boy. Sa`d said, "O Allah's Apostle! This boy is the son of my brother (`Utba bin Abi Waqqas) who took a promise from me that I would take him as he was his (illegal) son. Look at him and see whom he resembles." 'Abu bin Zam`a said, "O Allah's Apostle! This is my brother and was born on my father's bed from his slave-girl." Allah's Apostle cast a look at the boy and found definite resemblance to `Utba and then said, "The boy is for you, O 'Abu bin Zam`a. The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death). Then the Prophet said, "O Sauda bint Zama! Screen yourself from this boy." So, Sauda never saw him again.

¹: These verses were abrogated in recitation but not ruling. Other ahadith establish the number for fosterage to be 5.

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "I heard Umar ibn al- Khattab say, 'Stoning is in the Book of Allah for those who commit adultery, men or women when they are muhsan and when there is clear proof of pregnancy or a confession.' "

Jabir b. 'Abdullah reported that Allah's Messenger (may peace be upon him) forbade (the preparation) of Nabidh in green pitcher, in varnished jar, in hollow stump, and when Allah's Messenger (may peace be upon him) did not find anything to prepare Nabidh in that (i. e. waterskin), it was prepared for him in a big bowl made of stone.

Zaynab said, "I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! My daughter's husband died, and her eyes are troubling her, can she put kohl on them?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No' two or three times. Then he said, 'It is only four months and ten days. In the Jahiliyya, none of you threw away the piece of dung until a year had passed.' "

Humayd ibn Nafi said, "I asked Zaynab to explain what 'throwing away the piece of dung at the end of a year' meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal - a donkey, a sheep, or a bird, and she would break her idda with it, by rubbing her body against it (taftaddu). Rarely did she break her idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.' "

Malik explained, 'Taftaddu' means to wipe her skin with it in the same way as with a healing charm."

"I heard my mother, Um Salama saying that a woman came to Allah's Apostle and said, "O Allah's Apostle! The husband of my daughter has died and she is suffering from an eye disease, can she apply kohl to her eye?" Allah's Apostle replied, "No," twice or thrice. (Every time she repeated her question) he said, "No." Then Allah's Apostle added, "It is just a matter of four months and ten days. In the Pre-Islamic Period of ignorance a widow among you should throw a globe of dung when one year has elapsed."

"The Messenger of Allah (saws) prohibited sales of Al-Munabadhah and Al-Mulamasah."

He said: There are narrations on this topic from Abu Sa'eed and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith is Abu Hurairah is a Hasan Sahih Hadith. And the meaning of (Munabadhah) in this Hadith is when it is said: "When I throw something to you then the sale between you and I is concluded." And Al-Mulamasah is that he says: "When you touch something then the sale is concluded." Even if he did not see it at all, like if it was inside of a bag or something else. There are merely sales practices of the people of Jahiliyyah so they were prohibited.

The Prophet (saws) got some ornaments presented by Negus as a gift to him. They contained a gold ring with an Abyssinian stone. The Messenger of Allah (saws) turning his attention from it took it by means of a stick or his finger, then called Umamah, daughter of Abul'As and daughter of his daughter Zaynab, and said: Wear it, my dear daughter.

We, the Companions of the Messenger of Allah (saws), used to talk mutually: Would that al-Ghamidiyyah and Ma'iz ibn Malik had withdrawn after their confession; or he said: Had they not withdrawn after their confession, he would not have pursued them (for punishment). He had them stoned after the fourth (confession).

When Abu Usaid As-Sa`idi got married, he invited the Prophet and his companions. None prepared the food for them and brought it to them but his wife. She soaked some dates in water in a stone pot overnight, and when the Prophet had finished his food, she provided him with that drink (of soaked dates).

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

Yahya related to me from Malik from Abu'zZinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you do wudu, snuff water into your nose and blow it out, and if you use stones to clean your private parts use an odd number."

ahya related to me from Malik that Nafi said, "I was at al-Juruf (near Madina) and threw a stone at two birds, and hit them. One of them died, and Abdullah ibn Umar threw it away, and then went to slaughter the other one with an adze. It died before he could slaughter it, so Abdullah threw that one away as well."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman . He said, "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

The Prophet recited Suratan-Najm (103) at Mecca and prostrated while reciting it and those who were with him did the same except an old man who took a handful of small stones or earth and lifted it to his forehead and said, "This is sufficient for me." Later on, I saw him killed as a non-believer.

That once he was in the company of the Prophet carrying a water pot for his ablution and for cleaning his private parts. While he was following him carrying it (i.e. the pot), the Prophet said, "Who is this?" He said, "I am Abu Huraira." The Prophet said, "Bring me stones in order to clean my private parts, and do not bring any bones or animal dung." Abu Huraira went on narrating: So I brought some stones, carrying them in the corner of my robe till I put them by his side and went away. When he finished, I walked with him and asked, "What about the bone and the animal dung?" He said, "They are of the food of Jinns. The delegate of Jinns of (the city of) Nasibin came to me--and how nice those Jinns were--and asked me for the remains of the human food. I invoked Allah for them that they would never pass by a bone or animal dung but find food on them."

The Prophet (saws) said: A person who performs umrah should shout talbiyah till he touches the Black Stone.

Abu Dawud said: This tradition has been transmitted by 'Abd al-Malik b. Abi Sulaiman and Hammam from 'Ata on the authority of Ibn 'Abbas as his own statement (i.e. the tradition was not attributed to the Prophet)

The Prophet (saws) said to Ma'iz ibn Malik: Perhaps you kissed, or squeezed, or looked. He said: No. He then said: Did you have intercourse with her? He said: Yes. On the (reply) he (the Prophet) gave order that he should be stoned to death. The narrator did not mention "on the authority of Ibn 'Abbas". This is Wahb's version.

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Abu Hurayra said, "Had I seen a gazelle at Madina, I would have left it to graze and would not have frightened it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'What is between the two tracts of black stones is a Haram.' "

The Prophet seeing a yellow mark (of perfume) on the clothes of `Abdur-Rahman bin `Auf, said, "What about you?" `Abdur-Rahman replied, "I have married a woman with a Mahr of gold equal to a date-stone." The Prophet said, "May Allah bestow His Blessing on you (in your marriage). Give a wedding banquet, (Walima) even with one sheep."

Jabir (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) circumambulated the House on the back of his riding camel on the occasion of the Farewell Pilgrimage and touched the Stone with his stick so that the people should see him, and he should be conspicuous, and they should be able to ask him (questions pertaining to religion) as the people had crowded round him.

I used to carry the date stones on my head from the land of Az-Zubair which Allah's Apostle had given to him, and it was at a distance of 2/3 of a Farsakh from my house. Narrated Hisham's father: The Prophet gave Az-Zubair a piece of land from the property of Bani An- Nadir (gained as war booty).

A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah's Apostle, and asked him to allow them to treat her eyes with kohl, but he said, "She should not apply kohl to her eyes. (In the Pre-Islamic period of Ignorance) a widowed woman among you would stay in the worst of her clothes (or the worst part of her house) and when a year had elapsed, if a dog passed by her, she would throw a globe of dung, Nay, (she cannot use kohl) till four months and ten days have elapsed."

When the ailment of the Prophet got aggravated, he became unconscious whereupon Fatima said, "Oh, how distressed my father is!" He said, "Your father will have no more distress after today." When he expired, she said, "O Father! Who has responded to the call of the Lord Who has invited him! O Father, whose dwelling place is the Garden of Paradise (i.e. Al-Firdaus)! O Father! We convey this news (of your death) to Gabriel." When he was buried, Fatima said, "O Anas! Do you feel pleased to throw earth over Allah's Apostle?"

Ma'iz ibn Malik came to the Prophet (saws) and admitted fornication twice. But he drove him away. He then came and admitted fornication twice. But he drove him away. He then came and admitted fornication twice. He (the Prophet) said: You have testified to yourself four times. Take him away and stone him to death.

I heard an old man who transmitted from Abu Bakrah on this father's authority that the Prophet (saws) had a woman stoned and a pit was dug up to her breasts.

Abu Dawud said: A man made me understand it from 'Uthman (b. Abi Shaibah)

Abu Dawud said: Al-Ghassani said: Juhainah, Ghamid and Bariq as the same.

Allah's Apostle performed the Tawaf (around the Ka`ba while riding his camel, and every time he reached the corner (of the Black Stone) he pointed at it with his hand and said, "Allahu Akbar." (Zainab said: The Prophet said, "An opening has been made in the wall of Gog and Magog like this and this," forming the number 90 (with his thumb and index finger).

Sa`d bin Abi Waqqas and `Abd bin Zam`a quarrelled with each other (regarding a child). The Prophet said, "The boy is for you, O `Abd bin Zam`a, for the boy is for (the owner) of the bed. O Sauda ! Screen yourself from the boy." The sub-narrator, Al-Laith added (that the Prophet also said), "And the stone is for the person who commits an illegal sexual intercourse."

Yahya related to me from Malik from Jafar ibn Muhammad from his father that Jabir ibn Abdullah said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, hastening from the Black Stone until he reached it again, three times."

Malik said, "This is what is still done by the people of knowledge in our city."

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

When `Abdur-Rahman bin `Auf came to Medina, the Prophet established a bond of brotherhood between him and Sa`d bin Ar-Rabi al-Ansari. Sa`d was a rich man, so he said to `Abdur-Rahman, "I will give you half of my property and will help you marry." `Abdur-Rahman said (to him), "May Allah bless you in your family and property. Show me the market." So `Abdur-Rahman did not return from the market) till he gained some dried buttermilk (yogurt) and butter (through trading). He brought that to his house-hold. We stayed for sometime (or as long as Allah wished), and then `Abdur-Rahman came, scented with yellowish perfume. The Prophet said (to him) "What is this?" He replied, "I got married to an Ansari woman." The Prophet asked, "What did you pay her?" He replied, "A gold stone or gold equal to the weight of a date stone." The Prophet said (to him), "Give a wedding banquet even if with one sheep."

`Abdullah bin `Umar used to send the weak among his family early to Mina. So they used to depart from Al-Mash'ar Al-Haram (that is Al-Muzdalifa) at night (when the moon had set) and invoke Allah as much as they could, and then they would return (to Mina) before the Imam had started from Al- Muzdalifa to Mina. So some of them would reach Mina at the time of the Fajr prayer and some of them would come later. When they reached Mina they would throw pebbles on the Jamra (Jamrat-Al- `Aqaba) Ibn `Umar used to say, "Allah's Apostle gave the permission to them (weak people) to do so."

I heard Ibn `Abbas saying, "O people! Listen to what I say to you, and let me hear whatever you say, and don't go (without understanding), and start saying, 'Ibn `Abbas said so-and-so, Ibn `Abbas said soand- so, Ibn `Abbas said so-and-so.' He who wants to perform the Tawaf around the Ka`ba should go behind Al-Hijr (i.e. a portion of the Ka`ba left out unroofed) and do not call it Al-Hatim, for in the pre-Islamic period of ignorance if any man took an oath, he used to throw his whip, shoes or bow in it.

Yahya related to me from Malik from Amr, the mawla of al-Muttalib from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, saw Uhud and said, "This is a mountain which loves us and we love it. O Allah! Ibrahim made Makka Haram, and I will make what is between the two tracts of black stones (in Madina) a Haram."

When Ma'iz bin Malik came to the Prophet (in order to confess), the Prophet said to him, "Probably you have only kissed (the lady), or winked, or looked at her?" He said, "No, O Allah's Apostle!" The Prophet said, using no euphemism, "Did you have sexual intercourse with her?" The narrator added: At that, (i.e. after his confession) the Prophet ordered that he be stoned (to death).

When the Ka`ba was built, the Prophet and `Abbas went to bring stones (for its construction). Al `Abbas said to the Prophet, "Take off your waist sheet and put it on your neck." (When the Prophet took it off) he fell on the ground with his eyes open towards the sky and said, "Give me my waist sheet." And he covered himself with it.

Yahya related to me from Malik from Abu'z-Zinad from al-Araj that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade two sales. Mulamasa, in which a man is obliged to buy whatever he touches without any choice in the matter, and munabadha, in which two men throw their garment to each other without either seeing the other's garment. He also forbade two ways of dressing. One in which a man sits with his legs drawn up to his chest wrapped in one garment that does not cover his genitals, and the other in which a man wraps a single garment over one arm and shoulder restricting them."

Allah's Apostle said, "A man who never did any good deed, said that if he died, his family should burn him and throw half the ashes of his burnt body in the earth and the other half in the sea, for by Allah, if Allah should get hold of him, He would inflict such punishment on him as He would not inflict on anybody among the people. But Allah ordered the sea to collect what was in it (of his ashes) and similarly ordered the earth to collect what was in it (of his ashes). Then Allah said (to the recreated man ), 'Why did you do so?' The man replied, 'For being afraid of You, and You know it (very well).' So Allah forgave him."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like.

Malik said, "I do not see any harm in eating game which is pierced by a throwing stick in a vital organ.

Allah, the Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain.' " (Sura 5 ayat 97).

Yahya said, "Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ, is acceptable as Allah, the Exalted, has said."

Allah's Apostle stopped (for a while near the Jimar) at Mina during his last Hajj for the people and they were asking him questions. A man came and said, "I forgot and got my head shaved before slaughtering the Hadi (sacrificing animal)." The Prophet said, "There is no harm, go and do the slaughtering now." Then another person came and said, "I forgot and slaughtered (the camel) before Rami (throwing of the pebbles) at the Jamra." The Prophet said, "Do the Rami now and there is no harm." The narrator added: So on that day, when the Prophet was asked about anything (as regards the ceremonies of Hajj) performed before or after its due time, his reply was: "Do it (now) and there is no harm."