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."

When Allah Apostle was in Ta'if (trying to conquer it), he said to his companions, "Tomorrow we will return (to Medina), if Allah wills." Some of the companions of Allah's Apostle said, "We will not leave till we conquer it." The Prophet said, "Therefore, be ready to fight tomorrow." On the following day, they (Muslims) fought fiercely (with the people of Ta'if) and suffered many wounds. Then Allah's Apostle said, "Tomorrow we will return (to Medina), if Allah wills." His companions kept quiet this time. Allah's Apostle then smiled.

On my way to the Prophet I was reciting:-- 'What a long tedious tiresome night! Nevertheless, it has saved us From the land of Kufr (disbelief).' I had a slave who ran away from me on the way. When I went to the Prophet and gave the pledge of allegiance for embracing Islam, the slave showed up while I was still with the Prophet who remarked, "O Abu Huraira! Here is your slave!" I said, "I manumit him for Allah's Sake," and so I freed him.

When Allah's Apostle concluded a peace treaty with the people of Hudaibiya, `Ali bin Abu Talib wrote the document and he mentioned in it, "Muhammad, Allah's Apostle ." The pagans said, "Don't write: 'Muhammad, Allah's Apostle', for if you were an apostle we would not fight with you." Allah's Apostle asked `Ali to rub it out, but `Ali said, "I will not be the person to rub it out." Allah's Apostle rubbed it out and made peace with them on the condition that the Prophet and his companions would enter Mecca and stay there for three days, and that they would enter with their weapons in cases.

I was a companion rider of the Prophet on a donkey called 'Ufair. The Prophet asked, "O Mu`adh! Do you know what Allah's right on His slaves is, and what the right of His slaves on Him is?" I replied, "Allah and His Apostle know better." He said, "Allah's right on His slaves is that they should worship Him (Alone) and should not worship any besides Him. And slave's right on Allah is that He should not punish him who worships none besides Him." I said, "O Allah's Apostle! Should I not inform the people of this good news?" He said, "Do not inform them of it, lest they should depend on it (absolutely).

The Prophet reached Khaibar in the morning, while the people were coming out carrying their spades over their shoulders. When they saw him they said, "This is Muhammad and his army! Muhammad and his army!" So, they took refuge in the fort. The Prophet raised both his hands and said, "Allahu Akbar, Khaibar is ruined, for when we approach a nation (i.e. enemy to fight) then miserable is the morning of the warned ones." Then we found some donkeys which we (killed and) cooked: The announcer of the Prophet announced: "Allah and His Apostle forbid you to eat donkey's meat." So, all the pots including their contents were turned upside down.

That he heard Sahl bin Sa`d being asked about the wounds of Allah's Apostle saying, "By Allah, I know who washed the wounds of Allah's Apostle and who poured water (for washing them), and with what he was treated." Sahl added, "Fatima, the daughter of Allah's Apostle used to wash the wounds, and `Ali bin Abi Talib used to pour water from a shield. When Fatima saw that the water aggravated the bleeding, she took a piece of a mat, burnt it, and inserted its ashes into the wound so that the blood was congealed (and bleeding stopped). His canine tooth got broken on that day, and face was wounded, and his helmet was broken on his head."

The Prophet assumed the state of Ihram for Umra and Hajj, and we to assumed it for Hajj with him. When we arrived at Mecca, the Prophet said, "Whoever does not possess a Hadi should regard his Ihram for Umra only." The Prophet had a Hadi with him. `Ali bin Abi Talib came to us from Yemen with the intention of performing Hajj. The Prophet said (to him), "With what intention have you assumed the Ihram, for your wife is with us?" `Ali said, "I assumed the lhram with the same intention as that of the Prophet ." The Prophet said, "Keep on the state of lhram, as we have got the Hadi."

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

Allah's Apostle used to like sweets and also used to like honey, and whenever he finished the `Asr prayer, he used to visit his wives and stay with them. Once he visited Hafsa and remained with her longer than the period he used to stay, so I enquired about it. It was said to me, "A woman from her tribe gave her a leather skin containing honey as a present, and she gave some of it to Allah's Apostle to drink." I said, "By Allah, we will play a trick on him." So I mentioned the story to Sauda (the wife of the Prophet) and said to her, "When he enters upon you, he will come near to you whereupon you should say to him, 'O Allah's Apostle! Have you eaten Maghafir?' He will say, 'No.' Then you say to him, 'What is this bad smell? ' And it would be very hard on Allah's Apostle that a bad smell should be found on his body. He will say, 'Hafsa has given me a drink of honey.' Then you should say to him, 'Its bees must have sucked from the Al-`Urfut (a foul smelling flower).' I too, will tell him the same. And you, O Saifya, say the same." So when the Prophet entered upon Sauda (the following happened). Sauda said, "By Him except Whom none has the right to be worshipped, I was about to say to him what you had told me to say while he was still at the gate because of fear from you. But when Allah 's Apostle came near to me, I said to him, 'O Allah's Apostle! Have you eaten Maghafir?' He replied, 'No.' I said, 'What about this smell?' He said, 'Hafsa has given me a drink of honey.' I said, 'Its bees must have sucked Al-`Urfut.' " When he entered upon me, I told him the same as that, and when he entered upon Safiya, she too told him the same. So when he visited Hafsa again, she said to him, "O Allah's Apostle! Shall I give you a drink of it (honey)?" He said, "I have no desire for it." Sauda said, Subhan Allah! We have deprived him of it (honey)." I said to her, "Be quiet!"

The Prophet (saws) said: One of you must not ask a woman in marriage when his brother has done so already, and one of you must not sell (his own goods) when his brother has already sold (his goods) except with his permission.

The Prophet (saws) said: If any Muslim clothes a Muslim when he is naked, Allah will clothe him with some green garments of Paradise; if any Muslim feeds a Muslim when he is hungry, Allah will feed him with some of the fruits of Paradise; and if any Muslim gives a Muslim drink when he is thirsty, Allah will give him some of the pure wine which is sealed to drink.

Yahya related to me from Malik from Ibn Shihab that A'isha and Hafsa, the wives of the Prophet, may Allah bless him and grant him peace, began fasting voluntarily one morning and then food was given to them and they broke their fast with it. Then the Messenger of Allah, may Allah bless him and grant him peace, came in. A'isha said, "Hafsa asked, anticipating me in speech - she took after her father Umar - 'Messenger of Allah, A'isha and I began the morning fasting voluntarily and then food was given us and we broke the fast with it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Fast another day in its place.' "

that his aunt, Um Hufaid bint Al-Harith bin Hazn, presented to the Prophet butter, dried yoghurt and mastigures. The Prophet invited the people to those mastigures and they were eaten on his dining sheet, but the Prophet did not eat of it, as if he disliked it. Nevertheless. if it was unlawful to eat that, the people would not have eaten it on the dining sheet of the Prophet nor would he have ordered that they be eaten.

Abu Bakr came to me while Allah's Apostle was sleeping with his head on my thigh. Abu Bakr said (to me), "You have detained Allah's Apostle and the people, and there is no water in this place." So he admonished me and struck my flanks with his hand, and nothing could stop me from moving except the reclining of Allah's Apostle (on my thigh), and then Allah revealed the Divine Verse of Tayammum.

ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man."

Malik said, "He meant that the same conditions were applied in both cases."

Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. "

Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.

"The Prophet (saws) prohibited studding the stallion."

[He said:] There are narrations on this topic from Abu Hurairah, Anas, and Abu Sa'eed.

[Abu 'Eisa said:] The Hadith is Ibn 'Umar is a Hasan Sahih Hadith. This is acted upon according to some of the people of knowledge. There are those who made concession for accepting an honorarium for that.

Sulaiman b. Yasar, the freed slave of Maimuna, the wife of Allah's Apostle (may peace be upon him), narrated from one of the Ansari Companions of Allah's Messenger (may peace be upon him) that Allah's Messenger (may peace be upon him) retained (the practice) of Qasama as it was in the pre-Islamic days.

Allah's Apostle said, "There is a (compulsory) Sadaqa (charity) to be given for every joint of the human body (as a sign of gratitude to Allah) everyday the sun rises. To judge justly between two persons is regarded as Sadaqa, and to help a man concerning his riding animal by helping him to ride it or by lifting his luggage on to it, is also regarded as Sadaqa, and (saying) a good word is also Sadaqa, and every step taken on one's way to offer the compulsory prayer (in the mosque) is also Sadaqa and to remove a harmful thing from the way is also Sadaqa."

from Abu Salama bin `Abdur-Rahman who had a dispute with some people on a piece of land, and so he went to `Aisha and told her about it. She said, "O Abu Salama, avoid the land, for Allah's Apostle said, 'Any person who takes even a span of land unjustly, his neck shall be encircled with it down seven earths.' "

I heard Abii Juhaifa saying, "I saw the Prophet, and Al-Hasan bin `Ali resembled him." I said to Abu- Juhaifa, "Describe him for me." He said, "He was white and his beard was black with some white hair. He promised to give us 13 young she-camels, but he expired before we could get them."

A similar tradition (to No. 5061) has been transmitted by Muslim ibn al-Harith ibn Muslim at-Tamimi on the authority of his father from the Prophet (saws) through a different chain of narrators, up to "protection from it".

But this version says: "before speaking to anyone". In this version Ali ibn Sahl said that his father told him.

Ali and Ibn al-Musaffa said: The Messenger of Allah (saws) sent us on an expedition. When we reached the place of attack, I galloped my horse and outstripped my companions, and the people of that locality received me with a great noise.

I said to them: Say "There is no god but Allah," and you will be protected. They said this.

My companions blamed me, saying: You deprived us of the booty. When we came to the Messenger of Allah (saws), they told him what I had done.

So he called me, appreciating what I had done, and said: Allah has recorded for you so and so (a reward) for every man of them.

AbdurRahman said: I forgot the reward. The Messenger of Allah (saws) then said: I shall write a will for you after me. He did this and stamped it, and gave it to me, saying....He then mentioned the rest of the tradition to the same effect. Ibn al-Musaffa said: I heard al-Harith ibn Muslim ibn al-Harith at-Tamimi transmitting it from his father.

`Umar bin Al-Khattab said, "When (my daughter) Hafsa bint `Umar lost her husband Khunais bin Hudhaifa As-Sahrni who was one of the companions of Allah's Apostle and had fought in the battle of Badr and had died in Medina, I met `Uthman bin `Affan and suggested that he should marry Hafsa saying, "If you wish, I will marry Hafsa bint `Umar to you,' on that, he said, 'I will think it over.' I waited for a few days and then he said to me. 'I am of the opinion that I shall not marry at present.' Then I met Abu Bakr and said, 'if you wish, I will marry you, Hafsa bint `Umar.' He kept quiet and did not give me any reply and I became more angry with him than I was with `Uthman . Some days later, Allah's Apostle demanded her hand in marriage and I married her to him. Later on Abu Bakr met me and said, "Perhaps you were angry with me when you offered me Hafsa for marriage and I gave no reply to you?' I said, 'Yes.' Abu Bakr said, 'Nothing prevented me from accepting your offer except that I learnt that Allah's Apostle had referred to the issue of Hafsa and I did not want to disclose the secret of Allah's Apostle , but had he (i.e. the Prophet) given her up I would surely have accepted her."

The Messenger of Allah (saws) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (saws).

I rode hurriedly to the Holy Prophet (saws) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle.

When Banu al-Anbar arrived, the Holy Prophet (saws) said to me: Have you any evidence that you had embraced Islam before you were captured today?

I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Holy Prophet (saws) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle.

The Holy Prophet (saws) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope.

Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Holy Prophet (saws) and informed him.

He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Holy Prophet (saws) looked at us standing there. He asked: What do you intend (doing) with your captive?

I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her.

He said: Prophet of Allah (saws), I no longer have it.

He said: The Holy Prophet (saws) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.