Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abu Hurayra and Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a slave-girl who committed fornication and was not muhsana. He said, "If she commits fornication, then flog her. If she commits fornication again, then flog her, and if she commits fornication again, then sell her, if only for a rope."

Ibn Shihab added, "I don't know whether it was three or four times."

`Umar asked the people regarding Allah's Statement: 'When comes the Help of Allah (to you O Muhammad against your enemies) and the conquest of Mecca.' (110.1) They replied, "It indicates the future conquest of towns and palaces (by Muslims)." `Umar said, "What do you say about it, O Ibn `Abbas?" I replied, "(This Surat) indicates the termination of the life of Muhammad. Through it he was informed of the nearness of his death."

We came to the Prophet and we were (a few) young men of approximately equal age and stayed with him for twenty nights. Then he thought that we were anxious for our families, and he asked us whom we had left behind to look after our families, and we told him. He was kindhearted and merciful, so he said, "Return to your families and teach them (religious knowledge) and order them (to do good deeds) and offer your prayers in the way you saw me offering my prayers, and when the stated time for the prayer becomes due, then one of you should pronounce its call (i.e. the Adhan), and the eldest of you should lead you in prayer.

The Prophet was carrying earth with us on the day of the battle of Al-Ahzab (confederates) and I saw that the dust was covering the whiteness of his `Abdomen, and he (the Prophet ) was saying, "(O Allah) ! Without You, we would not have been guided, nor would we have given in charity, nor would we have prayed. So (O Allah!) please send tranquility (Sakina) upon us as they, (the chiefs of the enemy tribes) have rebelled against us. And if they intend affliction (i.e. want to frighten us and fight against us) then we would not (flee but withstand them). And the Prophet used to raise his voice with it. (See Hadith No. 430 and 432, Vol. 5)

Abu Qilaba said, "Malik bin Huwairith came to this Mosque of ours and said, 'I pray in front of you and my aim is not to lead the prayer but to show you the way in which the Prophet used to pray.' " I asked Abu Qilaba, "How did he use to pray?' " He replied, "(The Prophet used to pray) like this Sheikh of ours and the Sheikh used to sit for a while after the prostration, before getting up after the first rak`a. "

Anas said, "I will leave no stone unturned in making you offer the prayer as I have seen the Prophet making us offer it." Anas used to do a thing which I have not seen you doing. He used to stand after the bowing for such a long time that one would think that he had forgotten (the prostrations) and he used to sit in-between the prostrations so long that one would think that he had forgotten the second prostration.

(the mother of the faithful believers) I never saw Allah's Apostle offering the night prayer while sitting except in his old age and then he used to recite while sitting and whenever he wanted to bow he would get up and recite thirty or forty verses (while standing) and then bow.

A man came to the Prophet and asked, "O Allah's Apostle! Which charity is the most superior in reward?" He replied, "The charity which you practice while you are healthy, niggardly and afraid of poverty and wish to become wealthy. Do not delay it to the time of approaching death and then say, 'Give so much to such and such, and so much to such and such.' And it has already belonged to such and such (as it is too late)."

Allah's Apostle used to give me something but I would say to him, "would you give it to a poorer and more needy one than l?" The Prophet (p.b.u.h) said to me, "Take it. If you are given something from this property, without asking for it or having greed for it take it; and if not given, do not run for it."

The Prophet intended to practice I`tikaf and when he reached the place where he intended to perform I`tikaf, he saw some tents, the tents of `Aisha, Hafsa and Zainab. So, he said, "Do you consider that they intended to do righteousness by doing this?" And then he went away and did not perform I`tikaf (in Ramadan) but performed it in the month of Shawwal for ten days.

"The Messenger of Allah (saws) prohibited using (certain) containers. So the Ansar complained about that to him. They said: 'We will have no vessels!' so he said: 'If so then use them.'"

He said: There are narrations on this topic from Ibn Mas'ud, Abu Hurairah, Abu Sa'eed, and 'Abdullah bin 'Amr.

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

When the Prophet (saws) wanted to relieve himself, he would not raise his garment, until he lowered himself near the ground.

Abu DAwud said: This tradition has been transmitted by 'Abd al-Salam b. Harb on the authority of al-A'mash from Anas b. Malik. This chain of narrators is weak (because A'mash's hearing tradition from Anas b. Malik is not established).

Nafi' said: Ibn Umar made the call to prayer at Dajnan (a place between Mecca and Medina), on a cold and windy night. He added the words at the end of the call: "Lo! pray in your dwellings. Lo! pray in the dwellings." He then said: The Messenger of Allah (saws) used to command the mu'adhdhin to announce, "Lo! pray in your dwellings." on a cold or rainy night during journey.

Allah's Apostle was asked about the slave-girl, if she was a virgin and committed illegal sexual intercourse. The Prophet said, "If she committed illegal sexual intercourse, lash her, and if she did it a second time, then lash her again, and if she repeated the third time, then sell her even for a hair rope." Ibn Shihab said, "I don't know whether to sell her after the third or fourth offense."

I heard Abu Burda who accompanied Yazid bin Abi Kabsha on a journey. Yazid used to observe fasting on journeys. Abu Burda said to him, "I heard Abu Musa several times saying that Allah's Apostle said, 'When a slave falls ill or travels, then he will get reward similar to that he gets for good deeds practiced at home when in good health."

The Prophet said, "The tribe of Quraish has precedence over the people in this connection (i.e the right of ruling). The Muslims follow the Muslims amongst them, and the infidels follow the infidels amongst them. People are of different natures: The best amongst them in the pre-lslamic period are the best in Islam provided they comprehend the religious knowledge. You will find that the best amongst the people in this respect (i.e. of ruling) is he who hates it (i.e. the idea of ruling) most, till he is given the pledge of allegiance."

Abu Dawud said; In this tradition the other narrators have differed from the narrator Wakl. This has been narrated by Wakl, and Shu’bah from Abu Ishaq, from Sa’ld b. Jubair, from Ibn ‘Abbas as his own statement (and not from the Prophet)

[Abu Dawud and At-Tirmidhi].

[Al-Bukhari].

The Prophet said, "In very hot weather delay the Zuhr prayer till it becomes (a bit) cooler because the severity of heat is from the raging of the Hell-fire. The Hell-fire of Hell complained to its Lord saying: O Lord! My parts are eating (destroying) one another. So Allah allowed it to take two breaths, one in the winter and the other in the summer. The breath in the summer is at the time when you feel the severest heat and the breath in the winter is at the time when you feel the severest cold."

That the Prophet (saws) prohibited blowing into the drink. A man said: "What about if one sees something floating in the vessel?" He said: "Spill it out (removing that)." He said: "I can not drink in one breath." He said: "Then remove the cup away from your mouth."

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

`Ata' said, "Ibn `Abbas said, 'If he (i.e. the one intending to perform `Umra) has performed the Tawaf around the Ka`ba, his Ihram is considered to have finished.' said, 'What proof does Ibn `Abbas has as to this saying?" `Ata' said, "(The proof is taken) from the Statement of Allah:-- "And afterwards they are brought For sacrifice unto Ancient House (Ka`ba at Mecca)" (22.33) and from the order of the Prophet to his companions to finish their Ihram during Hajjat-ul-Wada`." I said (to `Ata'), "That (i.e. finishing the Ihram) was after coming form `Arafat." `Ata' said, "Ibn `Abbas used to allow it before going to `Arafat (after finishing the `Umra) and after coming from it (i.e. after performing the Hajj).

Abu Dawud said: this has been narrated by Ayyub and Hajjaj al-Sawwaf from Yahya and Hisham al-Duatawa’i in a similar way, saying : Yahya wrote to me (in this way). And this has been narrated by Mu’awiyah b. Sallam and ‘Ali b. al-Mubarak from Yahya: “Until you see me and show tranquility”.

Yahya related to me from Malik from Zayd ibn Aslam from a man of the Bani'd-Dil called Busr ibn Mihjan from his father Mihjan that he was in a gathering with the Messenger of Allah, may Allah bless him and grant him peace, and the call to prayer was made. The Messenger of Allah, may Allah bless him and grant him peace, rose and prayed and then returned. Mihjan remained sitting and did not pray with him. The Messenger of Allah, may Allah bless him and grant him peace, said, "What prevented you from praying with the people? Aren't you a muslim?" He said, "Of course, Messenger of Allah, but I have already prayed with my family." The Messenger of Allah, may Allah bless him and grant him peace, said, "When you come, pray with the people, even if you have prayed already."

Once Bilal brought Barni (i.e. a kind of dates) to the Prophet and the Prophet asked him, "From where have you brought these?" Bilal replied, "I had some inferior type of dates and exchanged two Sas of it for one Sa of Barni dates in order to give it to the Prophet; to eat." Thereupon the Prophet said, "Beware! Beware! This is definitely Riba (usury)! This is definitely Riba (Usury)! Don't do so, but if you want to buy (a superior kind of dates) sell the inferior dates for money and then buy the superior kind of dates with that money."

The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted each other. `Abdur-Rahman said to them, "I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you." So all of them agreed to let `Abdur-Rahman decide the case. So when the candidates placed the case in the hands of `Abdur-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. So the people followed `Abdur-Rahman and consulted him all those nights till there came the night we gave the oath of allegiance to `Uthman. Al-Miswar (bin Makhrama) added: `Abdur-Rahman called on me after a portion of the night had passed and knocked on my door till I got up, and he said to me, "I see you have been sleeping! By Allah, during the last three nights I have not slept enough. Go and call Az-Zubair and Sa`d.' So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called `Ali and he held a private talk with him till very late at night, and then 'Al, got up to leave having had much hope (to be chosen as a Caliph) but `Abdur-Rahman was afraid of something concerning `Ali. `Abdur-Rahman then said to me, "Call `Uthman for me." I called him and he kept on speaking to him privately till the Mu'adh-dhin put an end to their talk by announcing the Adhan for the Fajr prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, `Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with `Umar that year. When all of them had gathered, `Abdur- Rahman said, "None has the right to be worshipped but Allah," and added, "Now then, O `Ali, I have looked at the people's tendencies and noticed that they do not consider anybody equal to `Uthman, so you should not incur blame (by disagreeing)." Then `Abdur-Rahman said (to `Uthman), "I gave the oath of allegiance to you on condition that you will follow Allah's Laws and the traditions of Allah's Apostle and the traditions of the two Caliphs after him." So `Abdur-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims.

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child, and he said, "She should break the fast and feed a poor man one mudd of wheat in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah, the Exalted and Glorified, says, 'And whoever of you is sick or on a journey should fast an equal number of other days, ' and they consider her pregnancy and her concern for her child as a sickness."

Yahya related to me from Malik from Muslim ibn Abi Maryam that AIi ibn Abd ar-Rahman al-Muawi said, "Abdullah ibn Umar saw me playing with some small pebbles in the prayer. When I finished he forbade me, saying, 'Do as the Messenger of Allah, may Allah bless him and grant him peace, did.' I said, 'What did the Messenger of Allah, may Allah bless him and grant him peace, do?' He said, 'When he sat in the prayer, he placed his right hand on his right thigh and he closed his fist and pointed his index finger, and he placed his left hand on his left thigh. That is what he used to do.' "

Malik said, "No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash."

Malik said, "That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed."

Yahya related to me from Malik from Ibn Shihab that Abu Umama ibn Sahl ibn Hunayf told him that once a poor woman fell ill and the Messenger of Allah, may Allah bless him and grant him peace, was told of her illness, and the Messenger of Allah, may Allah bless him and grant him peace, used to visit poor people frequently and ask after them. The Messenger of Allah, may Allah bless him and grant him peace, said, "Let me know if she dies." Her bier was brought out at night- time and they did not want to wake up the Messenger of Allah, may Allah bless him and grant him peace. In the morning the Messenger of Allah, may Allah bless him and grant him peace, was told what had happened to her and he said, "Didn't I tell you to let me know if she died?" They replied, "Messenger of Allah, we did not want to wake you up and make you come out in the night." Then the Messenger of Allah, may Allah bless him and grant him peace, went out and formed everyone into rows by her grave and said "Allah is greater" four times.

'Abdullah b. Zubair narrated on the authority of his father that when the Messenger of Allah (may peace be upon him) sat for supplication, i. e. tashahhud (blessing and supplication), he placed his right hand on his right thigh and his left hand on his left thigh, and pointed with his forefinger, and placed his thumb on his (milddle) finger, and covered his knee with the palm of his left hand..

Allah's Apostle said to me, "Recite (of the Qur'an) for me," I said, "Shall I recite it to you although it had been revealed to you?" He said, "I like to hear (the Qur'an) from others." So I recited Surat-an- Nisa' till I reached: "How (will it be) then when We bring from each nation a witness, and We bring you (O Muhammad) as a witness against these people?" (4.41) Then he said, "Stop!" And behold, his eyes were overflowing with tears."

Sa'd bin 'Ubada Al-Ansari sought the verdict of Allah's Apostle regarding a vow made by his mother who had died before fulfilling it. Allah's Apostle said, "Fulfill it on her behalf." Some people said, "If the number of camels reaches twenty, then their owner has to pay four sheep as Zakat; and if their owner gives them as a gift or sells them in order to escape the payment of Zakat cunningly before the completion of a year, then he is not to pay anything, and if he slaughters them and then dies, then no Zakat is to be taken from his property."