Malik said, "What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered."

Malik added, "The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave."

Malik said, "When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods."

Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ''Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . "

While Allah's Apostle was proceeding at night during one of his journeys and `Umar bin Al-Khattab was traveling beside him, `Umar asked him about something but Allah's Apostle did not reply. He asked again, but he did not reply, and then he asked (for the third time) but he did not reply. On that, `Umar bin Al-Khattab said to himself, "Thakilat Ummu `Umar (May `Umar's mother lose her son)! I asked Allah's Apostle three times but he did not reply." `Umar then said, "I made my camel run faster and went ahead of the people, and I was afraid that some Qur'anic Verses might be revealed about me. But before getting involved in any other matter. I heard somebody calling me. I said to myself, 'I fear that some Qur'anic Verses have been revealed about me,' and so I went to Allah's Apostle and greeted him. He (Allah's Apostle ) said, 'Tonight a Sura has been revealed to me, and it is dearer to me than that on which the sun rises (i.e. the world)' Then he recited: "Verily, We have given you a manifest victory." (48.1)

Once the people started asking Allah's Apostle questions, and they asked so many questions that he became angry and ascended the pulpit and said, "I will answer whatever questions you may ask me today." I looked right and left and saw everyone covering his face with his garment and weeping. Behold ! There was a man who, on quarreling with the people, used to be called as a son of a person other than h is father. He said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." And then `Umar got up and said, "We accept Allah as our Lord, and Islam as (our) religion, and Muhammad as (our) Apostle; and we seek refuge with Allah from the afflictions." Allah's Apostle said, " I have never seen a day like today in its good and its evil for Paradise and the Hell Fire were displayed in front of me, till I saw them just beyond this wall." Qatada, when relating this Hadith, used to mention the following Verse:-- 'O you who believe! Ask not questions about things which, If made plain to you, May cause you trouble. (5.101)

(An ally of the tribe of Bani 'Amir bin Lu'ai and one of those who had witnessed the battle of Badr with Allah's Apostle) Allah's Apostle sent Abu 'Ubaida bin AlJarrah to Bahrain to collect the Jizya tax. Allah's Apostle had concluded a peace treaty with the people of Bahrain and appointed Al 'Ala bin Al-Hadrami as their chief; Abu Ubaida arrived from Bahrain with the money. The Ansar heard of Abu 'Ubaida's arrival which coincided with the Fajr (morning) prayer led by Allah's Apostle. When the Prophet finished the prayer, they came to him. Allah's Apostle smiled when he saw them and said, "I think you have heard of the arrival of Abu 'Ubaida and that he has brought something." They replied, "Yes, O Allah's Apostle! " He said, "Have the good news, and hope for what will please you. By Allah, I am not afraid that you will become poor, but I am afraid that worldly wealth will be given to you in abundance as it was given to those (nations) before you, and you will start competing each other for it as the previous nations competed for it, and then it will divert you (from good) as it diverted them." '

A man from among the people, came to Allah's Apostle while Allah's Apostle was sitting in the mosque, and addressed him, saying, "O Allah's Apostle! I have committed an illegal sexual intercourse." The Prophet turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed an illegal intercourse." The Prophet turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet called him and said, "Are you mad?" He said, "No, O Allah's Apostle!" The Prophet said, "Are you married?" He said, "Yes, O Allah's Apostle." The Prophet said (to the people), "Take him away and stone him to death." Ibn Shihab added, "I was told by one who heard Jabir, that Jabir said, 'I was among those who stoned the man, and we stoned him at the Musalla (`Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).' "

`Ali addressed us while he was standing on a brick pulpit and carrying a sword from which was hanging a scroll He said "By Allah, we have no book to read except Allah's Book and whatever is on this scroll," And then he unrolled it, and behold, in it was written what sort of camels were to be given as blood money, and there was also written in it: 'Medina is a sanctuary form 'Air (mountain) to such and such place so whoever innovates in it an heresy or commits a sin therein, he will incur the curse of Allah, the angels, and all the people and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'The asylum (pledge of protection) granted by any Muslims is one and the same, (even a Muslim of the lowest status is to be secured and respected by all the other Muslims, and whoever betrays a Muslim in this respect (by violating the pledge) will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'Whoever (freed slave) befriends (takes as masters) other than his real masters (manumitters) without their permission will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds. ' (See Hadith No. 94, Vol. 3)

Um Al-`Ala', an Ansari woman who gave the pledge of allegiance to the Prophet said to me, "The emigrants were distributed amongst us by drawing lots and we got in our share `Uthman bin Maz'un. We made him stay with us in our house. Then he suffered from a disease which proved fatal when he died and was given a bath and was shrouded in his clothes, Allah's Apostle came I said, 'May Allah be merciful to you, O Abu As-Sa'ib! I testify that Allah has honored you'. The Prophet said, 'How do you know that Allah has honored him?' I replied, 'O Allah's Apostle! Let my father be sacrificed for you! On whom else shall Allah bestow His honor?' The Prophet said, 'No doubt, death came to him. By Allah, I too wish him good, but by Allah, I do not know what Allah will do with me though I am Allah's Apostle. ' By Allah, I never attested the piety of anyone after that."

Al-Laith also narrated as above.

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided."

Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family."

Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing."

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

This hadith was mentioned through another chain.

One day I went to Ibn Mas`ud who said, "When Quraish delayed in embracing Islam, the Prophet I invoked Allah to curse them, so they were afflicted with a (famine) year because of which many of them died and they ate the carcasses and Abu Sufyan came to the Prophet and said, 'O Muhammad! You came to order people to keep good relation with kith and kin and your nation is being destroyed, so invoke Allah I ? So the Prophet I recited the Holy verses of Sirat-Ad-Dukhan: 'Then watch you For the day that The sky will Bring forth a kind Of smoke Plainly visible.' (44.10) When the famine was taken off, the people renegade once again as nonbelievers. The statement of Allah, (in Sura "Ad- Dukhan"-44) refers to that: 'On the day when We shall seize You with a mighty grasp.' (44.16) And that was what happened on the day of the battle of Badr." Asbath added on the authority of Mansur, "Allah's Apostle prayed for them and it rained heavily for seven days. So the people complained of the excessive rain. The Prophet said, 'O Allah! (Let it rain) around us and not on us.' So the clouds dispersed over his head and it rained over the surroundings."

Aisha said, "Barira came to me and said, 'I have agreed with my masters to pay them nine Uqiyas (of gold) (in installments) one Uqiya per year; please help me.' I said, 'I am ready to pay the whole amount now provided your masters agree that your Wala' will be for me.' So, Barira went to her masters and told them about that offer but they refused to accept it. She returned, and at that time, Allah's Apostle was sitting (present). Barira said, 'I told them of the offer but they did not accept it and insisted on having the Wala'.' The Prophet heard that." `Aisha narrated the whole story to the Prophet. He said to her, "Buy her and stipulate that her Wala' would be yours as the Wala' is for the manumitter." `Aisha did so. Then Allah's Apostle stood up in front of the people, and after glorifying Allah he said, "Amma Ba`du (i.e. then after)! What about the people who impose conditions which are not in Allah's Book (Laws)? Any condition that is not in Allah's Book (Laws) is invalid even if they were one hundred conditions, for Allah's decisions are the right ones and His conditions are the strong ones (firmer) and the Wala' will be for the manumitter."

When my father died he owed a Jew thirty Awsuq (of dates). I requested him to give me respite for repaying but he refused. I requested Allah's Apostle to intercede with the Jew. Allah's Apostle went to the Jew and asked him to accept the fruits of my trees in place of the debt but the Jew refused. Allah's Apostle entered the garden of the date-palms, wandering among the trees and ordered me (saying), "Pluck (the fruits) and give him his due." So, I plucked the fruits for him after the departure of Allah's Apostle and gave his thirty Awsuq, and still had seventeen Awsuq extra for myself. Jabir said: I went to Allah's Apostle to inform of what had happened, but found him praying the `Asr prayer. After the prayer I told him about the extra fruits which remained. Allah's Apostle told me to inform (`Umar) Ibn Al-Khattab about it. When I went to `Umar and told him about it, `Umar said, "When Allah's Apostle walked in your garden, I was sure that Allah would definitely bless it."

When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon `Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. `Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas`ud came to the Prophet and `Abdur Rahman intended to talk, but the Prophet said (to him), "Let the eldest of you speak." as `Abdur-Rahman was the youngest:. `Abdur-Rahman kept silent and the other two spoke. The Prophet said, "If you swear as to who has committed the murder, you will have the right to take your right from the murderer." They said, "How should we swear if we did not witness the murder or see the murderer?" The Prophet said, "Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder)." The!y said, "How should we believe in the oaths of infidels?" So, the Prophet himself paid the blood money (of `Abdullah). (See Hadith No. 36 Vol. 9.)

Allah's Apostle said, "Your period (i.e. the Muslims' period) in comparison to the periods of the previous nations, is like the period between the `Asr prayer and sunset. And your example in comparison to the Jews and the Christians is like the example of a person who employed some laborers and asked them, 'Who will work for me till midday for one Qirat each?' The Jews worked for half a day for one Qirat each. The person asked, 'Who will do the work for me from midday to the time of the `Asr (prayer) for one Qirat each?' The Christians worked from midday till the `Asr prayer for one Qirat. Then the person asked, 'Who will do the work for me from the `Asr till sunset for two Qirats each?' " The Prophet added, "It is you (i.e. Muslims) who are doing the work from the `Asr till sunset, so you will have a double reward. The Jews and the Christians got angry and said, 'We have done more work but got less wages.' Allah said, 'Have I been unjust to you as regards your rights?' They said, 'No.' So Allah said, 'Then it is My Blessing which I bestow on whomever I like. "

Allah's Apostle said, "Tomorrow I will give the flag to a man with whose leadership Allah will grant (the Muslim) victory." So the people kept on thinking the whole night as to who would be given the flag. The next morning the people went to Allah's Apostle and every one of them hoped that he would be given the flag. The Prophet said, "Where is `Ali bin Abi Talib?" The people replied, "He is suffering from eye trouble, O Allah's Apostle." He said, "Send for him and bring him to me." So when `Ali came, the Prophet spat in his eyes and invoked good on him, and be became alright as if he had no ailment. The Prophet then gave him the flag. `Ali said, "O Allah's Apostle! Shall I fight them (i.e. enemy) till they become like us?" The Prophet said, "Proceed to them steadily till you approach near to them and then invite them to Islam and inform them of their duties towards Allah which Islam prescribes for them, for by Allah, if one man is guided on the right path (i.e. converted to Islam) through you, it would be better for you than (a great number of) red camels."

'Alqama went to Sham and when he entered the mosque, he said, "O Allah ! Bless me with a pious companion." So he sat with Abu Ad-Darda. Abu Ad-Darda' asked him, "Where are you from?" 'Alqama replied, "From the people of Kufa." Abu Ad-Darda said, "Isn't there amongst you the Keeper of the secret which nobody else knows i.e. Hudhaifa?" Al-qama said, "Yes." Then Abu Ad-Darda further said, "Isn't there amongst you the person whom Allah gave Refuge from Satan through the invocation of His Prophet namely `Ammar?" Alqama replied in the affirmative Abu Ad-Darda said, "Isn't there amongst you the person who carries the Siwak (or the Secret) (i.e. of the Prophet namely `Abdullah bin Massud)?" Alqama said, "Yes." Then Abu Ad-Darda asked, "How (Abdullah bin Masud) used to recite the Sura starting with: "By the night as it envelopes; By the day as it appears in brightness?" (92.1-2). Alqama said "And by male and female." Abu Ad-Darda then said, "These people (of Sham) tried hard to make me accept something other than what I had heard from the Prophet."

I went to Sham and was offering a two-rak`at prayer; I said, "O Allah! Bless me with a (pious) companion." Then I saw an old man coming towards me, and when he came near I said, (to myself), "I hope Allah has given me my request." The man asked (me), "Where are you from?" I replied, "I am from the people of Kufa." He said, "Weren't there amongst you the Carrier of the (Prophet's) shoes, Siwak and the ablution water container? Weren't there amongst you the man who was given Allah's Refuge from the Satan? And weren't there amongst you the man who used to keep the (Prophet's) secrets which nobody else knew? How did Ibn Um `Abd (i.e. `Abdullah bin Mas`ud) use to recite Surat-al-lail (the Night:92)?" I recited:-- "By the Night as it envelops By the Day as it appears in brightness. And by male and female." (92.1- 3) On that, Abu Darda said, "By Allah, the Prophet made me read the Verse in this way after listening to him, but these people (of Sham) tried their best to let me say something different."

On the day of Khaibar, Allah's Apostle said, "Tomorrow I will give this flag to a man through whose hands Allah will give us victory. He loves Allah and His Apostle, and he is loved by Allah and His Apostle." The people remained that night, wondering as to who would be given it. In the morning the people went to Allah's Apostle and everyone of them was hopeful to receive it (i.e. the flag). The Prophet said, "Where is `Ali bin Abi Talib?" It was said, "He is suffering from eye trouble O Allah's Apostle." He said, "Send for him." `Ali was brought and Allah's Apostle spat in his eye and invoked good upon him. So `Ali was cured as if he never had any trouble. Then the Prophet gave him the flag. `Ali said "O Allah's Apostle! I will fight with them till they become like us." Allah's Apostle said, "Proceed and do not hurry. When you enter their territory, call them to embrace Islam and inform them of Allah's Rights which they should observe, for by Allah, even if a single man is led on the right path (of Islam) by Allah through you, then that will be better for you than the nice red camels.

It was one of the favors of Allah towards me that Allah's Apostle expired in my house on the day of my turn while he was leaning against my chest and Allah made my saliva mix with his saliva at his death. `Abdur-Rahman entered upon me with a Siwak in his hand and I was supporting (the back of) Allah's Apostle (against my chest ). I saw the Prophet looking at it (i.e. Siwak) and I knew that he loved the Siwak, so I said ( to him ), "Shall I take it for you ? " He nodded in agreement. So I took it and it was too stiff for him to use, so I said, "Shall I soften it for you ?" He nodded his approval. So I softened it and he cleaned his teeth with it. In front of him there was a jug or a tin, (The sub-narrator, `Umar is in doubt as to which was right) containing water. He started dipping his hand in the water and rubbing his face with it, he said, "None has the right to be worshipped except Allah. Death has its agonies." He then lifted his hands (towards the sky) and started saying, "With the highest companion," till he expired and his hand dropped down.

Abu Hurairah said “When Allah, the Exalted, granted the conquest of Makkah to his Apostle, the Prophet(saws) stood among them(the people) and praised Allaah and extolled Him. He then said, Verily Allaah stopped the Elephant from Makkah, and gave His Apostle and the believers sway upon it and it has been made lawful for me only for one hour on one day then it will remain sacred till the Day of Resurrection. Its trees are not to be cut, its game is not to be molested and the things dropped there are to be picked up only by one who publicly announces it. ‘Abbas or Al ‘Abbas suggested “Apostle of Allaah(saws) except the rush(idhkir) for it is useful for our graves and our houses. The Apostle of Allaah(saws) said “Except the rush.”

Abu Dawud said “Ibn Al Musaffa added on the authority of Al Walid Abu Shah a man from the people of the Yemen stood and said “Give me in writing, Apostle of Allaah(saws)”. The Apostle of Allaah(saws) said “Give in writing to Abu Shah. I said to Al Awza’i “What does the statement mean? Give Abu Shah in writing?” He said “This was an address which he heard from the Apostle of Allaah(saws).”

Buraidah reported the Apostle of Allaah(saws) as saying “Respect to be shown by those who stay at home to the women of those who are engaged in jihad is t be like that shown to their mothers. If any man among those who stay at home is entrusted with the oversight of one’s family who is engaged in jihad and betrays him, he will be setup for him on the Day of Resurrection and he (the mujahid) will be told “This (man) was entrusted with the oversight of your family, so take what you want from his good deeds. The Apostle of Allaah(saws) turned towards us and said “So what do you think.”

Abu Dawud said “Qa’nab (a narrator of this tradition) was a pious man. Ibn Abi Laila intended to appoint him a judge, but he refused and said “If I intend to fulfill my need of a dirham, I seek the help of a person for it. He said “Which of us does not seek the help in his need? He said “Bring me out so that I may see. So he was brought out, and he concealed himself. Sufyan said “While he was concealing himself.” Sufyan said “While he was concealing himself the house suddenly fell on him and he died.”

`Umar bin Al-Khattab set out with Allah's Apostle, and a group of his companions to Ibn Saiyad. They found him playing with the boys in the fort or near the Hillocks of Bani Maghala. Ibn Saiyad was nearing his puberty at that time, and he did not notice the arrival of the Prophet till Allah's Apostle stroked him on the back with his hand and said, "Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Apostle of the unlettered ones (illiterates)". Then Ibn Saiyad said to the Prophets . "Do you testify that I am Allah's Apostle?" The Prophet denied that, saying, "I believe in Allah and all His Apostles," and then said to Ibn Saiyad, "What do you see?" Ibn Saiyad said, "True people and liars visit me." The Prophet said, "You have been confused as to this matter." Allah's Apostle added, "I have kept something for you (in my mind)." Ibn Saiyad said, "Ad-Dukh." The Prophet said, "Ikhsa (you should be ashamed) for you can not cross your limits." `Umar said, "O Allah's Apostle! Allow me to chop off h is neck." Allah's Apostle said (to `Umar). "Should this person be him (i.e. Ad-Dajjal) then you cannot over-power him; and should he be someone else, then it will be no use your killing him." `Abdullah bin `Umar added: Later on Allah's Apostle and Ubai bin Ka`b Al-Ansari (once again) went to the garden in which Ibn Saiyad was present. When Allah's Apostle entered the garden, he started hiding behind the trunks of the date-palms intending to hear something from Ibn Saiyad before the latter could see him. Ibn Saiyad was Lying on his bed, covered with a velvet sheet from where his mumur were heard. Ibn Saiyad's mother saw the Prophet and said, "O Saf (the nickname of Ibn Saiyad)! Here is Muhammad!" Ibn Saiyad stopped his murmuring. The Prophet said, "If his mother had kept quiet, then I would have learnt more about him." `Abdullah added: Allah's Apostle stood up before the people (delivering a sermon), and after praising and glorifying Allah as He deserved, he mentioned the Ad-Dajjal saying, "I warn you against him, and there has been no prophet but warned his followers against him. Noah warned his followers against him but I am telling you about him, something which no prophet has told his people of, and that is: Know that he is blind in one eye where as Allah is not so."

Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem.

He said: The third stage is that the Messenger of Allah (saws) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months.

Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition.

The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come."

The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185).

Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.

He asked: What are they, Ibn Jurayj? He replied: I saw you touching only the two Yamani corners; and I saw you wearing shoes having no hair; I saw you dyeing in yellow colour; and I saw you wearing ihram on the eighth of Dhul-Hijjah, whereas the people had worn ihram when they sighted the moon.

Abdullah ibn Umar replied: As regards the corners, I have not seen the Messenger of Allah (saws) touching anything (in the Ka'bah) but the two Yamani corners. As for the tanned leather shoes, I have seen the Messenger of Allah (saws) wearing tanned leather shoes, and he would wear them after ablution. Therefore I like to wear them. As regards wearing yellow, I have seen the Messenger of Allah (saws) wearing yellow, so I like to wear with it. As regards shouting the talbiyah, I have seen the Messenger of Allah (saws) raising his voice in talbiyah when his she-camel stood up with him on its back.

On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.

Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.

Umar reported the Messenger of Allah (saws) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).

He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.

The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.

Make it wide on the side of his feet, and make it wide on the side of his head. When he came back, he was received by a man who conveyed an invitation from a woman. So he came (to her), to it food was brought, and he put his hand (i.e. took a morsel in his hand); the people did the same and they ate. Our fathers noticed that the Messenger of Allah (saws) was moving a morsel around his mouth.

He then said: I find the flesh of a sheep which has been taken without its owner's permission.

The woman sent a message to say: Messenger of Allah, I sent (someone) to an-Naqi' to have a sheep bought for me, but there was none; so I sent (a message) to my neighbour who had bought a sheep, asking him to send it to me for the price (he had paid), but he could not be found. I, therefore, sent (a message) to his wife and she sent it to me.

The Messenger of Allah (saws) said: Give this food to the prisoners.

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.

Abu Umamah bin Sahl bin Hunaif narrated: I was with `Uthman (رضي الله عنه) in the house when he was under siege. We would enter through an entrance... and he narrated a similar hadeeth. And he said: I heard the Messenger of Allah (ﷺ) say:... and he narrated a similar hadeeth,

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

When Abu Talib was on his death bed, Allah's Apostle came to him and found with him, Abu Jahl and `Abdullah bin Abi Umaiya bin Al-Mughira. Allah's Apostle said, "O uncle! Say: None has the right to be worshipped except Allah, a sentence with which I will defend you before Allah." On that Abu Jahl and `Abdullah bin Abi Umaiya said to Abu Talib, "Will you now leave the religion of `Abdul Muttalib?" Allah's Apostle kept on inviting him to say that sentence while the other two kept on repeating their sentence before him till Abu Talib said as the last thing he said to them, "I am on the religion of `Abdul Muttalib," and refused to say: None has the right to be worshipped except Allah. On that Allah's Apostle said, "By Allah, I will keep on asking Allah's forgiveness for you unless I am forbidden (by Allah) to do so." So Allah revealed:-- 'It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans.' (9.113) And then Allah revealed especially about Abu Talib:--'Verily! You (O, Muhammad) guide not whom you like, but Allah guides whom He will.' (28.56)

While we were on one of our journeys, we dismounted at a place where a slave girl came and said, "The chief of this tribe has been stung by a scorpion and our men are not present; is there anybody among you who can treat him (by reciting something)?" Then one of our men went along with her though we did not think that he knew any such treatment. But he treated the chief by reciting something, and the sick man recovered whereupon he gave him thirty sheep and gave us milk to drink (as a reward). When he returned, we asked our friend, "Did you know how to treat with the recitation of something?" He said, "No, but I treated him only with the recitation of the Mother of the Book (i.e., Al-Fatiha)." We said, "Do not say anything (about it) till we reach or ask the Prophet so when we reached Medina, we mentioned that to the Prophet (in order to know whether the sheep which we had taken were lawful to take or not). The Prophet said, "How did he come to know that it (Al-Fatiha) could be used for treatment? Distribute your reward and assign for me one share thereof as well."

`Abdullah bin Mas`ud related to us two narrations: One from the Prophet and the other from himself, saying: A believer sees his sins as if he were sitting under a mountain which, he is afraid, may fall on him; whereas the wicked person considers his sins as flies passing over his nose and he just drives them away like this." Abu Shihab (the sub-narrator) moved his hand over his nose in illustration. (Ibn Mas`ud added): Allah's Apostle said, "Allah is more pleased with the repentance of His slave than a man who encamps at a place where his life is jeopardized, but he has his riding beast carrying his food and water. He then rests his head and sleeps for a short while and wakes to find his riding beast gone. (He starts looking for it) and suffers from severe heat and thirst or what Allah wished (him to suffer from). He then says, 'I will go back to my place.' He returns and sleeps again, and then (getting up), he raises his head to find his riding beast standing beside him."

Um Al-`Ala an Ansari woman who had given a pledge of allegiance to Allah's Apostle told me:, "The Muhajirln (emigrants) were distributed amongst us by drawing lots, and we got `Uthman bin Maz'un in our share. We made him stay with us in our house. Then he suffered from a disease which proved fatal. When he died and was given a bath and was shrouded in his clothes. Allah's Apostle came, I said, (addressing the dead body), 'O Aba As-Sa'ib! May Allah be Merciful to you! I testify that Allah has honored you.' Allah's Apostle said, 'How do you know that Allah has honored him?" I replied, 'Let my father be sacrificed for you, O Allah's Apostle! On whom else shall Allah bestow. His honor?' Allah's Apostle said, 'As for him, by Allah, death has come to him. By Allah, I wish him all good (from Allah). By Allah, in spite of the fact that I am Allah's Apostle, I do not know what Allah will do to me.", Um Al-`Ala added, "By Allah, I will never attest the righteousness of anybody after that."

Um Al-`Ala an Ansari woman who had given the Pledge of allegiance to Allah's Apostle said, "`Uthman bin Maz'un came in our share when the Ansars drew lots to distribute the emigrants (to dwell) among themselves, He became sick and we looked after (nursed) him till he died. Then we shrouded him in his clothes. Allah's Apostle came to us, I (addressing the dead body) said, "May Allah's Mercy be on you, O Aba As-Sa'ib! I testify that Allah has honored you." The Prophet said, 'How do you know that?' I replied, 'I do not know, by Allah.' He said, 'As for him, death has come to him and I wish him all good from Allah. By Allah, though I am Allah's Apostle, I neither know what will happen to me, nor to you.'" Um Al-`Ala said, "By Allah, I will never attest the righteousness of anybody after that." She added, "Later I saw in a dream, a flowing spring for `Uthman. So I went to Allah's Apostle and mentioned that to him. He said, 'That is (the symbol of) his good deeds (the reward for) which is going on for him.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram