Yahya related to me that Malik had asked Ibn Shihab how to wipe over leather socks. Ibn Shihab had put one hand under the sock and his other hand above the sock and then passed them over it.

Yahya said that Malik said, "Out of all that I have heard about the matter I like what Ibn Shihab said the most."

Yahya related to me from Malik from Dawud ibn al-Husayn from al- Araj from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al Khattab said, "Whoever misses reading his hizb at night and reads it from when the sun has passed the meridian until the dhuhr prayer has not missed it, or it is as if he has caught it."

Yahya related to me from Malik, from Zayd ibn Aslam, that Ata ibn Yasar had told him, from Abu Qatada, the same hadith about the wild ass as that of Abu'n-Nadr, except that in the hadith of Zayd ibn Aslam the Messenger of Allah, may Allah bless him and grant him peace, said, "Do you still have any of its meat?"

Ibn `Umar was told that Abu Huraira said, "Whoever accompanies the funeral procession will have a reward equal to one Qirat." Ibn `Umar said, "Abu Huraira talks of a too enormous reward." Aisha attested Abu Huraira's narration and said, "I heard Allah's Apostle saying like that." Ibn `Umar said, "We have lost numerous Qirats."

Allah's Apostle said, "The seller and the buyer have the option of canceling or confirming the deal unless they separate, or one of them says to the other, 'Choose (i.e. decide to cancel or confirm the bargain now)." Perhaps he said, 'Or if it is an optional sale.' " Ibn `Umar, Shuraih, Ash-Shu`bi, Tawus, Ata, and Ibn Abu Mulaika agree upon this judgment.

From his father who said that he saw the Prophet (saws) making incisions (with a knife) into a piece of a lamb shoulder which he ate from, then he went to perform Salat without performing Wudu'.

[Abu 'Eisa said:] This Hadith is Hasan Sahih and there is something on this topic from Al-Mughirah bin Shu'bah.

Anas bin Malik said “The Apostle of Allaah(saws) entered Makkah in the year of the conquest (of Makkah) wearing a helmet on his head. When he took off it a man came to him and said “Ibn Akhtal is hanging with the curtains of the Ka’bah.” He said “Kill him”.

Abu Dawud said “The name of Ibn Akhtal is ‘Abd Allaah and Abu Barzat Al Aslami killed him.

The Prophet (saws) read the verse: "We ordained therein for them: Life for life and eye for eye (an-nafsa bin-nafsi wal-'aynu bil-'ayn).

Yahya related to me from Malik that Yahya ibn Said said, "I heard that Sad ibn Zurara cauterized himself because of a pain in the throat accompanied by blood and he died."

The Prophet prevented `Uthman bin Mazun from that (not marrying), and had he allowed him, we would have got ourselves castrated.

Allah's Apostle said to Ibn Saiyad "I have hidden something for you in my mind; What is it?" He said, "Ad-Dukh." The Prophet said, "Ikhsa."

Yahya related to me from Malik from Hisham ibn Urwa that Abu Urwa ibn az-Zubayr used to take off his turban and wipe his head with water.

From his father: "The Prophet (saws) wore a Roman Jubbah with tight sleeves."

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

Sa`d bin Ubada consulted Allah's Apostle saying, "My mother died and she had an unfulfilled vow." The Prophet said, "Fulfill it on her behalf."

Allah's Apostle said, " Every nation has an extremely trustworthy man, and the trustworthy man of this (i.e. Muslim) nation is Abu 'Ubaida bin Al-Jarrah."

`Utba bin Abi Waqqas authorized his brother Sa`d to take the son of the slave-girl of Zam`a into his custody. `Utba said (to him). "He is my son." When Allah's Apostle arrived in Mecca during the Conquest (of Mecca), Sa`d bin Abi Waqqas took the son of the slave-girl of Zam`a and took him to the Prophet `Abd bin Zam`a too came along with him. Sa`d said. "This is the son of my brother and the latter has informed me that he is his son." `Abd bin Zam`a said, "O Allah's Apostle! This is my brother who is the son of the slave-girl of Zam`a and was born on his (i.e. Zam'as) bed.' Allah's Apostle looked at the son of the slave-girl of Zam`a and noticed that he, of all the people had the greatest resemblance to `Utba bin Abi Waqqas. Allah's Apostle then said (to `Abd), " He is yours; he is your brother, O `Abd bin Zam`a, he was born on the bed (of your father)." (At the same time) Allah's Apostle said (to his wife Sauda), "Veil yourself before him (i.e. the son of the slave-girl) O Sauda," because of the resemblance he noticed between him and `Utba bin Abi Waqqas. Allah's Apostle added, "The boy is for the bed (i.e. for the owner of the bed where he was born), and stone is for the adulterer." (Ibn Shihab said, "Abu Huraira used to say that (i.e. the last statement of the Prophet in the above Hadith 596, publicly.")

Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it.

He told him that he had heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree.

The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (saws). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam.

Rafi' said to him: I heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.

Abu Dawud said: Kathar means pith of the palm-tree.

Yahya related to me from Malik from Da'ud ibn al-Husayn that Waqid ibn Amr ibn Sad ibn Muadh informed him from Mahmud ibn Labid al- Ansari that when Umar ibn al-Khattab went to ash-Sham, the people of ash-Sham complained to him about the bad air of their land and its heaviness. They said, "Only this drink helps." Umar said, "Drink this honey preparation." They said, "Honey does not help us." A man from the people of that land said, "Can we give you something of this drink which does not intoxicate?" He said, "Yes." They cooked it until two- thirds of it evaporated and one-third of it remained. Then they brought it to Umar. Umar put his finger in it and then lifted his head and extended it. He said, "This is fruit juice concentrated by boiling. This is like the distillation with which you smear the camel's scabs." Umar ordered them to drink it. Ubada ibn as-Samit said to him, "You have made it halal, by Allah!" Umar said, "No, by Allah! O Allah! I will not make anything halal for them which You have made haram for them! I will not make anything haram for them which You have made halal for them."

It was narrated that al Miswar bin Makhramah and `Abdur-Rahman bin Abdul-Qari heard ‘Umar say: I passed by Hisham bin Hakeem bin Hizam when he was reciting Sooratul Furqan... and he mentioned a similar hadeeth.

Malik related to me from Amr ibn Yahya al-Mazini from his father that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large source of water. He wanted to have it pass through the land of Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak said to him, "Why do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you." Muhammed refused so ad- Dahhak spoke about it to Umar ibn al-Khattab, and Umar ibn al-Khattab summoned Muhammad ibn Maslama and ordered him to clear the way. Muhammad said, "No." Umar said, "Why do you prevent your brother from what will benefit him and is also useful for you? You will take water from it first and last and it will not harm you."

Muhammad said, "No, by Allah!" Umar said, "By Allah, he will pass it through, even if it is over your belly!" Umar ordered him to allow its passage and ad-Dahhak did so.

Safwan ibn Umayyah sent him with some milk, a young gazelle and some small cucumbers to the Messenger of Allah (saws) when he was in the upper part of Mecca. I entered but I did not give a salutation. He said: Go back and say: "Peace be upon you"! This happened after Safwan ibn Umayyah and embraced Islam. Amr said: Ibn Safwan told me all this on the authority of Kaladah ibn Hanbal, and he did not say: I heard it from him.

Abu Dawud said: Yahya b. Habib said: Umayyah b. Safwan. He did not say: I heard from Kaladah b. Hanbal. Yahya also said: 'Amr b. 'Abd Allah b. Safwan told him that Kaladah b. al-Hanbal told him.

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."

I heard Ibn `Abbas answering a man who asked him, "Did you attend the prayer of `Id al Adha or `Idal- Fitr with Allah's Apostle?" Ibn `Abbas replied, "Yes, and had it not been for my close relationship with him, I could not have offered it." (That was because of his young age). Ibn `Abbas further said, Allah's Apostle went out and offered the Id prayer and then delivered the sermon." Ibn `Abbas did not mention anything about the Adhan (the call for prayer) or the Iqama. He added, "Then the Prophet went to the women and instructed them and gave them religious advice and ordered them to give alms and I saw them reaching out (their hands to) their ears and necks (to take off the earrings and necklaces, etc.) and throwing (it) towards Bilal. Then the Prophet returned with Bilal to his house . "

Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said, "The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas`ud, he will tell you the same." Ibn Mas`ud was asked and was told of Abu Musa's verdict. Ibn Mas`ud then said, "If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in this case, will be the same as the Prophet did, i.e. one-half is for daughter, and one-sixth for the son's daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister." Afterwards we cams to Abu Musa and informed him of Ibn Mas`ud's verdict, whereupon he said, "So, do not ask me for verdicts, as long as this learned man is among you."

Sa`d bin Abi Waqqas and 'Abu bin Zam`a had a dispute over a boy. Sa`d said, "O Allah's Apostle! This (boy) is the son of my brother, `Utba bin Abi Waqqas who told me to be his custodian as he was his son. Please notice to whom he bears affinity." And 'Abu bin Zam`a said, "This is my brother, O Allah's Apostle! He was born on my father's bed by his slave girl." Then the Prophet looked at the boy and noticed evident resemblance between him and `Utba, so he said, "He (the toy) is for you, O 'Abu bin Zam`a, for the boy is for the owner of the bed, and the stone is for the adulterer. Screen yourself before the boy, O Sauda bint Zam`a." `Aisha added: Since then he had never seen Sauda.

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that Abd ar-Rahman ibn Abd al-Qari said, "I went out with Umar ibn alKhattab in Ramadan to the mosque and the people there were spread out in groups. Some men were praying by themselves, whilst others were praying in small groups. Umar said, 'By Allah! It would be better in my opinion if these people gathered behind one reciter.' So he gathered them behind Ubayy ibn Kab. Then I went out with him another night and the people were praying behind their Qur'an reciter. Umar said, 'How excellent this new way is, but what you miss while you are asleep is better than what you watch in prayer.' He meant the end of the night, and people used to watch the beginning of the night in prayer."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani said, "A man died on the day of Hunayn, and they mentioned him to the Messenger of Allah, may Allah bless him and grant him peace." Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "You pray over your companion." (i.e. he would not pray himself). The people's faces dropped at that. Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "Your companion stole from the spoils taken in the way of Allah." Zayd said, "So we opened up his baggage and found some Jews' beads worth about two dirhams."

Here (i.e. in Mecca) there was a man called Nawwas and he had camels suffering from the disease of excessive and unquenchable thirst. Ibn `Umar went to the partner of Nawwas and bought those camels. The man returned to Nawwas and told him that he had sold those camels. Nawwas asked him, "To whom have you sold them?" He replied, "To such and such Sheikh." Nawwas said, "Woe to you; By Allah, that Sheikh was Ibn `Umar." Nawwas then went to Ibn `Umar and said to him, "My partner sold you camels suffering from the disease of excessive thirst and he had not known you." Ibn `Umar told him to take them back. When Nawwas went to take them, Ibn `Umar said to him, "Leave them there as I am happy with the decision of Allah's Apostle that there is no oppression . "

"I asked Ibn 'Umar about what containers the Messenger of Allah (saws) prohibited. He informed us in your language, and he explained it to us in our language. He said: "The Messenger of Allah (saws) prohibited Al-Hantamah, and it is an earthenware container, and he prohibited Ad-Dubba', and it is gourd, and he prohibited An-Naqir, and it is the trunk of a date-palm that is hollowed out or carved, and he prohibited Al-Muzaffat, and it is coated with pitch. And he ordered that Nabidh be prepared in water-skins."

He said: There are narrations on this topic from 'Umar, 'Ali, Ibn 'Abbas, Abu Sa'eed, Abu Hurairah, 'Abdur-Rahman bin Ya'mur, Samurah, Anas, 'Aishah, 'Imran bin Husain, 'A'idh bin 'Amr, Al-Hakam Al-Ghifari, and Maimunah.

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

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

"I heard my father saying in the presence of the enemy: 'The Messenger of Allah (saws) said: "Indeed, the gates of Paradise are under the shadows of the swords.'" A man among the people with ragged appearance said: 'Have you heard what you mentioned from the Messenger of Allah (saws) ?' He said: 'Yes.' So he returned to his comrades and bid them Salam (farewell), broke the sheath of his sword, and began fighting with it until he was killed."

[Abu 'Eisa said:] This Hadith is Sahih Gharib. We do not know it except as a narration of Ja'far bin Sulaiman [Ad-Dubai']. (One of the narrators) Abu 'Imran Al-Jawni's name is 'Abdul Malik bin Habib. As for Abu Bakr bin Abi Musa, Ahmad bin Hanbal said: "That is his name."

A son of Adi ibn Adi al-Kindi said that Umar ibn AbdulAziz wrote (to his governors): If anyone asks about the places where spoils (fay') should be spent, that should be done in accordance with the decision made by Umar ibn al-Khattab (Allah be pleased with him). The believers considered him to be just, according to the saying of the Prophet (saws): Allah has placed truth upon Umar's tongue and heart. He fixed stipends for Muslims, and provided protection for the people of other religions by levying jizyah (poll-tax) on them, deducting no fifth from it, nor taking it as booty.

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "Bartering live animals for dead meat is forbidden." Abu'z-Zinad said, "I said to Said ibn Musayyab, 'What do you think of a man buying an old camel for 10 sheep?' " Said said, "If he buys it to slaughter it, there is no good in it." Abu'z-Zinad added, "All the people (i.e. companions) that I have seen forbade bartering live animals for meat."

Abu'z-Zinad said, "This used to be written in the appointment letters of governors in the time of Aban ibn Uthman and Hisham ibn Ismail."

Ar-Rubai (the paternal aunt of Anas bin Malik) broke the incisor tooth of young Ansari girl. Her family demanded the Qisas and they came to the Prophet who passed the judgment of Qisas. Anas bin An-Nadr (the paternal uncle of Anas bin Malik) said, "O Allah's Apostle! By Allah, her tooth will not be broken." The Prophet said, "O Anas! (The law prescribed in) Allah's Book is Qisas." But the people (i.e. the relatives of the girl) gave up their claim and accepted a compensation. On that Allah's Apostle said, "Some of Allah's worshippers are such that if they take an oath, Allah will fulfill it for them."

Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar that the people of Syria said to Abu Ubayda ibn al-Jarrah, "Take zakat from our horses and slaves," and he refused. Then he wrote to Umar ibn al-Khattab and he (also) refused. Again they talked to him and again he wrote to Umar, and Umar wrote back to him saying, "If they want, take it from them and (then) give it back to them and give their slaves provision."

Malik said, "What he means, may Allah have mercy upon him, by the words 'and give it back to them' is, 'to their poor.' "

Yahya related to me from Malik from Ibn Shihab that Humayd ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar on the day of Ashura in the year in which he made the hajj, "People of Madina, where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, say about this day, 'This is the day of Ashura, and fasting it has not been prescribed for you. I am fasting it, and whoever of you wants to fast it can do so, and whoever does not want to, does not have to.' "

Yahya related to me from Malik that Zayd ibn Aslam had said that Ubayda ibn al-Jarrah had written to Umar ibn al-Khattab mentioning to him a great array of Byzantine troops and the anxiety they were causing him. Umar ibn al-Khattab wrote in reply to him, "Whatever hardship befalls a believing slave, Allah will make an opening for him after it, and a hardship will not overcome two eases. Allah the Exalted says in His Book, 'O you who trust, be patient, and vie in patience; be steadfast and fear Allah, perhaps you will profit.' " (Sura 3 ayat 200).

Al-Hajjaj ibn Hassan said: We entered upon Anas ibn Malik. My sister al-Mughirah said: You were a boy in those days and you had two locks of hair. He (Anas) rubbed your head and invoked blessing on you. He said: Shave them (i.e. the locks) or clip them, for this is the fashion of the Jews.

`Abdur-Rahman bin Abza ordered me to ask Ibn `Abbas regarding the two Verses (the first of which was ): "And whosoever murders a believer intentionally." (4.93) So I asked him, and he said, "Nothing has abrogated this Verse." About (the other Verse): 'And those who invoke not with Allah any other god.' he said, "It was revealed concerning the pagans."

that he entered upon Yahya bin Sa`id while one of Yahya's sons was aiming at a hen after tying it. Ibn `Umar walked to it and untied it. Then he brought it and the boy and said. "Prevent your boys from tying the birds for the sake of killing them, as I have heard the Prophet forbidding the killing of an animal or other living thing after tying them."

that in the year he performed Hajj. he heard Mu'awiya bin Abi Sufyan, who was on the pulpit and was taking a tuft of hair from one of his guards, saying, "Where are your religious learned men? I heard Allah's Apostle forbidding this (false hair) and saying, 'The children of Israel were destroyed when their women started using this.'"

Abu Huraira came to the Prophet and asked him (for a share from the Khaibar booty). On that, one of the sons of Sa`id bin Al-`As said to him, "O Allah's Apostle! Do not give him." Abu Huraira then said (to the Prophet ) "This is the murderer of Ibn Qauqal." Sa`id's son said, "How strange! A guinea pig coming from Qadum Ad-Dan!"