Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is ...

The Messenger of Allah (saws) sent me on some business, and when I came to him he was praying on (the back of) his riding beast (moving) towards the east and making the prostration lower than the bowing.

The Prophet was shier than a veiled virgin girl.

During Hajjat-ul-Wada`, the Prophet and some of his companions got their heads shaved while some of his companions got their head-hair cut short.

Abu Dawud said: Ibn-Zubair made two prostrations before giving the salutation in a similar way when he stood up at the end of two rak’ahs. This is the opinion of al-Zuhrl.

When the Messenger of Allah (saws) performed the Farewell Pilgrimage, and we had a camel, AbuMa'qil dedicated it to the cause of Allah. Then we suffered from a disease, and AbuMa'qil died. The Prophet (saws) went out (for hajj). When he finished the hajj, I came to him.

He said (to me): Umm Ma'qil, what prevented you from coming out for hajj along with us?

She said: We resolved (to do so), but AbuMa'qil died. We had a camel on which we could perform hajj, but AbuMa'qil had bequeathed it to the cause of Allah.

He said: Why did you not go out (for hajj) upon it, for hajj is in the cause of Allah? If you miss this hajj along with us, perform umrah during Ramadan, for it is like hajj.

She used to say: hajj is hajj, and umrah is umrah. The Messenger of Allah (saws) said it to me: I do not know whether it was peculiar to me.

Yahya related to me from Malik that Yahya ibn Said said that Muhammad ibn Ibrahim at-Taymi had informed him that Abu Salama ibn Abd ar-Rahman said "Abd ar-Rahman ibn al-Aswad ibn Abdal-Yaghuth used to sit with us and he had a white beard and hair. One day he came to us and he had dyed them red, and the people said to him, 'This is better.' He said. 'A'isha the wife of the Prophet, may Allah bless him and grant him peace, sent her slave girl Nukhayla to me yesterday. She swore that my hair would be dyed and she informed me that Abu Bakr as- Siddiq used to dye his hair.' "

Yahya said that he heard Malik say about dyeing the hair black, 'I have not heard anything certain on that, and other colours than that are preferable to me."

Yahya said, "Not to dye at all is permitted, Allah willing, and there is no constraint on people concerning it."

Yahya said that he had heard Malik say, "There is no clear indication in this hadith that the Messenger of Allah, may Allah bless him and grant him peace, did not dye his hair. Had the Messenger of Allah, may Allah bless him and grant him peace, dyed his hair, A'isha would have sent a message to that effect to Abd ar-Rahman ibn al-Aswad."

Ya`la used to say, "I wish I could see Allah's Apostle at the time he is being inspired Divinely." When the Prophet was at Al-Ja'rana and was shaded by a garment hanging over him and some of his companions were with him, a man perfumed with scent came and said, "O Allah's Apostle! What is your opinion regarding a man who assumes Ihram and puts on a cloak after perfuming his body with scent?" The Prophet waited for a while, and then the Divine Inspiration descended upon him. `Umar pointed out to Ya`la, telling him to come. Ya`la came and pushed his head (underneath the screen which was covering the Prophet ) and behold! The Prophet's face was red and he kept on breathing heavily for a while and then he was relieved. Thereupon he said, "Where is the questioner who asked me about `Umra a while ago?" The man was sought and then was brought before the Prophet who said (to him), "As regards the scent which you perfumed your body with, you must wash it off thrice, and as for your cloak, you must take it off; and then perform in your `Umra all those things which you perform in Hajj."

I came to Allah's Apostle and said, "O Allah's Apostle! We are living in the land of the people of the Scripture and we take our meals in their utensils, and in the land there is game and I hunt with my bow and trained or untrained hounds; please tell me what is lawful for us of that." He said, "As for your saying that you are living in the land of the people of the Scripture and that you eat in their utensils, if you can get utensils other than theirs, do not eat in their utensils, but if you do not find (other than theirs), then wash their utensils and eat in them. As for your saying that you are in the land of game, if you hung something with your bow, and have mentioned Allah's Name while hunting, then you can eat (the game). And if you hunt something with your trained hound, and have mentioned Allah's Name on sending it for hunting then you can eat (the game). But if you hunt something with your untrained hound and you were able to slaughter it before its death, you can eat of it."

Abu Hurairah said: O Allah, Thou art its Lord. Thou didst create it, Thou didst guide it to Islam, Thou hast taken its spirit, and Thou knowest best its inner nature and outer aspect. We have come as intercessors, so forgive him.

Abu Dawud said: Shu'bah made a mistake in mentioning the name of 'Ali b. Shammakh. He said in his version: 'Uthman b. Shammas.

Abu Dawud said: I heard Ahmad b. Ibrahim al-Mawsili say that Ahmad b. Hanbal said: In every meeting which I attended with Hammad b. Zaid he forbade to narrate this traditions from 'Abd al-Warith and Ja'far b. Sulaiman.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Abu Murra, the mawla of Aqil ibn Abi Talib from Abu Waqid al-Laythi that the Messenger of Allah, may Allah bless him and grant him peace, was sitting in the mosque with some people when three people came in. Two came toward the Messenger of Allah, may Allah bless him and grant him peace, and one went away. When the two stopped at the assembly of the Messenger of Allah, may Allah bless him and grant him peace, they gave the greeting. One of them saw a gap in the circle and sat in it. The other sat down behind the circle. The third turned away and left. When the Messenger of Allah, may Allah bless him and grant him peace, finished, he said, "Shall I tell you about three people? One of them sought shelter with Allah, so Allah gave him shelter. The other was shy, so Allah was shy to him. The other turned away, so Allah turned away from him."

A man entered the mosque and started praying while Allah's Apostle was sitting somewhere in the mosque. Then (after finishing the prayer) the man came to the Prophet and greeted him. The Prophet said to him, "Go back and pray, for you have not prayed. The man went back, and having prayed, he came and greeted the Prophet. The Prophet after returning his greetings said, "Go back and pray, for you did not pray." On the third time the man said, "(O Allah's Apostle!) teach me (how to pray)." The Prophet said, "When you get up for the prayer, perform the ablution properly and then face the Qibla and say Takbir (Allahu Akbar), and then recite of what you know of the Qur'an, and then bow, and remain in this state till you feel at rest in bowing, and then raise your head and stand straight; and then prostrate till you feel at rest in prostration, and then sit up till you feel at rest while sitting; and then prostrate again till you feel at rest in prostration; and then get up and stand straight, and do all this in all your prayers."

I gave the pledge of allegiance to the Prophet with a group of people, and he said, "I take your pledge that you will not worship anything besides Allah, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. And whoever among you fulfill all these (obligations of the pledge), his reward is with Allah. And whoever commits any of the above crimes and receives his legal punishment in this world, that will be his expiation and purification. But if Allah screens his sin, it will be up to Allah, Who will either punish or forgive him according to His wish." Abu `Abdullah said: "If a thief repents after his hand has been cut off, the his witness well be accepted. Similarly, if any person upon whom any legal punishment has been inflicted, repents, his witness will be accepted."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

While Allah's Apostle was sitting in the mosque with some people, three men came. Two of them came in front of Allah's Apostle and the third one went away. The two persons kept on standing before Allah's Apostle for a while and then one of them found a place in the circle and sat there while the other sat behind the gathering, and the third one went away. When Allah's Apostle finished his preaching, he said, "Shall I tell you about these three persons? One of them betook himself to Allah, so Allah took him into His grace and mercy and accommodated him, the second felt shy from Allah, so Allah sheltered Him in His mercy (and did not punish him), while the third turned his face from Allah and went away, so Allah turned His face from him likewise. "

That the Prophet (saws) said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away)."

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

[Abu 'Eisa said:] The Hadith of Samurah is a Hasan Gharib Sahih Hadith. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

[Abu 'Eisa said:] 'Ali bin Al-Madini said: "It is correct that Al-Hasan heard this from Samurah." Some of the people of Hadith criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.

Abu Waqid al-Laith reported that Allah's Messenger (may peace be upon him) was sitting in the mosque along wish tome people when there came to him three persons; two of them stepped forward to the direction of Allah's Messenger (may peace be upon him), and one of them went away. The two stood by the side of Allah's Messenger (may peace be upon him), and one of them found a space in his circle and he sat in that; and the other one sat behind him and the third one went away. When Allah's Messenger (may peace be upon him) had finished his work, he said. Should I not inform you about these three persons? One of them sought refuge with Allah and Allah gave him refuge and the second one felt shy and Allah showed kindness to has shyness (and so he was accommodated in that meeting), and the last one reverted and Allah turned away His attention from him.

Allah's Apostle and Ubai bin Ka`b Al-Ansari went to the garden where Ibn Saiyad used to live. When Allah's Apostle entered (the garden), he (i.e. Allah's Apostle ) started hiding himself behind the date108 palms as he wanted to hear secretly the talk of Ibn Saiyad before the latter saw him. Ibn Saiyad wrapped with a soft decorated sheet was lying on his bed murmuring. Ibn Saiyad's mother saw the Prophet hiding behind the stems of the date-palms. She addressed Ibn Saiyad saying, "O Saf, this is Muhammad." Hearing that Ibn Saiyad stopped murmuring (or got cautious), the Prophet said, "If she had left him undisturbed, he would have revealed his reality." (See Hadith No. 290, Vol 4 for details)

While the Muslims were offering the Fajr prayer on Monday and Abu Bakr was leading them in prayer, suddenly Allah's Apostle lifted the curtain of `Aisha's dwelling and looked at them while they were in the rows of the prayers and smiled. Abu Bakr retreated to join the row, thinking that Allah's Apostle wanted to come out for the prayer. The Muslims were about to be put to trial in their prayer (i.e. were about to give up praying) because of being overjoyed at seeing Allah's Apostle. But Allah's Apostle beckoned them with his hand to complete their prayer and then entered the dwelling and let fall the curtain.

(A man broke his fast intentionally) during Ramadan. The Messenger of Allah (saws) commanded him to emancipate a slave, or fast for two months, or feed sixty poor men. He said: I cannot provide. The Messenger of Allah (saws) said: Sit down. Thereafter a huge basket of dates ('araq) was brought to the Messenger of Allah (saws). He said: Take this and give it as sadaqah (alms). He said: Messenger of Allah, there is no poorer than I. The Messenger of Allah (saws) thereupon laughed so that his canine teeth became visible and said: Eat it yourself.

Abu Dawud said: Ibn Juraij narrated it from al-Zuhri in the wordings of the narrator Malik that a man broke his fast. This version says: You should either free a slave, or fast for two months, or provide food for sixty poor men.

When the Messenger of Allah (saws) went on a journey, the last member of his family he saw was Fatimah, and the first he visited on his return was Fatimah. Once when he returned from an expedition she had hung up a hair-cloth, or a curtain, at her door, and adorned al-Hasan and al-Husayn with silver bracelets. So when he arrived, he did not enter. Thinking that he had been prevented from entering by what he had seen, she tore down the curtain, unfastened the bracelets from the boys and cut them off.

They went weeping to the Messenger of Allah (saws), and when he had taken them from them, he said: Take this to so and so's family. Thawban. In Medina, these are my family, and I did not like them to enjoy their good things in the present life. Buy Fatimah a necklace or asb, Thawban, and two ivory bracelets.

We were in a Ghazwa and a man from the emigrants kicked an Ansari (on the buttocks with his foot). The Ansari man said, "O the Ansari! (Help!)" The emigrant said, "O the emigrants! (Help)." When Allah's Apostle heard that, he said, "What is that?" They said, "A man from the emigrants kicked a man from the Ansar (on the buttocks his foot). On that the Ansar said, 'O the Ansar!' and the emigrant said, 'O the emigrants!" The Prophet said' "Leave it (that call) for it Is a detestable thing." The number of Ansar was larger (than that of the emigrants) at the time when the Prophet came to Medina, but later the number of emigrants increased. `Abdullah bin Ubai said, "Have they, (the emigrants) done so? By Allah, if we return to Medina, surely, the more honorable will expel therefrom the meaner," `Umar bin Al-Khattab said, "O Allah's Apostle! Let me chop off the head of this hypocrite!" The Prophet said, "Leave him, lest the people say Muhammad kills his companions:"

Malik related to me from Humayd ibn Qays al-Makki that Mujahid said, "Abdullah ibn Umar borrowed some dirhams from a man, then he discharged his debt with dirhams better than them. The man said, 'Abu Abdar-Rahman. These are better than the dirhams which I lent you.' Abdullah ibn Umar said, 'I know that. But I am happy with myself about that.' "

Malik said, "There is no harm in a person who has borrowed gold, silver, food, or animals, taking to the person who lent it, something better than what he lent, when that is not a stipulation between them nor a custom. If that is by a stipulation or promise or custom, then it is disapproved, and there is no good in it."

He said, "That is because the Messenger of Allah, may Allah bless him and grant him peace, discharged his debt with a good camel in its seventh year in place of a young camel which he borrowed, and Abdullah ibn Umar borrowed some dirhams, and repaid them with better ones. If that is from the goodness of the borrower, and it is not by a stipulation, promise, or custom, it is halal and there is no harm in it."

I was an interpreter between the people and Ibn `Abbas. Once Ibn `Abbas said that a delegation of the tribe of `Abdul Qais came to the Prophet who asked them, "Who are the people (i.e. you)? (Or) who are the delegates?" They replied, "We are from the tribe of Rabi`a." Then the Prophet said to them, "Welcome, O people (or said, "O delegation (of `Abdul Qais).") Neither will you have disgrace nor will you regret." They said, "We have come to you from a distant place and there is the tribe of the infidels of Mudar intervening between you and us and we cannot come to you except in the sacred month. So please order us to do something good (religious deeds) and that we may also inform our people whom we have left behind (at home) and that we may enter Paradise (by acting on them.)" The Prophet ordered them to do four things, and forbade them from four things. He ordered them to believe in Allah Alone, the Honorable the Majestic and said to them, "Do you know what is meant by believing in Allah Alone?" They replied, "Allah and His Apostle know better." Thereupon the Prophet said, "(That means to testify that none has the right to be worshipped but Allah and that Muhammad is His Apostle, to offer prayers perfectly, to pay Zakat, to observe fasts during the month of Ramadan, (and) to pay Al-Khumus (one fifth of the booty to be given in Allah's cause)." Then he forbade them four things, namely Ad-Dubba.' Hantam, Muzaffat (and) An-Naqir or Muqaiyar (These were the names of pots in which alcoholic drinks used to be prepared). The Prophet further said, "Memorize them (these instructions) and tell them to the people whom you have left behind."

Abu Dawud said: Jallalah means an animal which eats filth and impurities.