Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi said, "I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question Abdullah ibn Umar and I went with him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from which she was unable to go on.'~

Yahya said that he had heard Malik say, "I think that she must sacrifice an animal."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar- Rahman said the same as Abdullah ibn Umar.

We set out along with Allah's Apostle shortly before the appearance of the new moon (crescent) of the month of Dhi-l-Hijja and he said to us, "Whoever wants to assume Ihram for Hajj may do so; and whoever wants to assume Ihram for `Umra may do so. Hadn't I brought the Hadi (animal for sacrificing) (with me), I would have assumed Ihram for `Umra." (`Aisha added,): So some of us assumed Ihram for `Umra while the others for Hajj. I was amongst those who assumed Ihram for `Umra. The day of `Arafat approached and I was still menstruating. I complained to the Prophet (about that) and he said, "Abandon your `Umra, undo and comb your hair, and assume Ihram for Hajj;." When it was the night of Hasba, he sent `Abdur Rahman with me to at-Tan`im and I assumed Ihram for `Umra (and performed it) in lieu of my missed `Umra.

Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.

Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "

Malik related to me from Nafi that Abdullah ibn Umar would spend the night between the two trails in the valley of Dhu Tuwa when he was approaching Makka. Then he would pray subh, and after that he would enter Makka by the trail which is at the highest part of Makka. He would never enter Makka, if he was coming for hajj or umra, without doing ghusl beforehand when he was near Makka at Dhu Tuwa, and he would tell whoever was with him to do likewise.

`Imran bin Husain and I offered the prayer behind `Ali bin Abi Talib. When `Ali prostrated, he said the Takbir, when he raised his head, he said the Takbir and when he got up for the third rak`a he said the Takbir. On completion of the prayer `Imran took my hand and said, "This (i.e. `Ali) made me remember the prayer of Muhammad" Or he said, "He led us in a prayer like that of Muhammad."

(This is Ma'mar's version which is more accurate.) A man and a woman of the Jews committed fornication.

Some of them said to the others: Let us go to this Prophet, for he has been sent with an easy law. If he gives a judgment lighter than stoning, we shall accept it, and argue about it with Allah, saying: It is a judgment of one of your prophets. So they came to the Prophet (saws) who was sitting in the mosque among his companions.

They said: AbulQasim, what do you think about a man and a woman who committed fornication? He did not speak to them a word till he went to their school.

He stood at the gate and said: I adjure you by Allah Who revealed the Torah to Moses, what (punishment) do you find in the Torah for a person who commits fornication, if he is married?

They said: He shall be blackened with charcoal, taken round a donkey among the people, and flogged. A young man among them kept silent.

When the Prophet (saws) emphatically adjured him, he said: By Allah, since you have adjured us (we inform you that) we find stoning in the Torah (is the punishment for fornication).

The Prophet (saws) said: So when did you lessen the severity of Allah's command? He said:

A relative of one of our kings had committed fornication, but his stoning was suspended. Then a man of a family of common people committed fornication. He was to have been stoned, but his people intervened and said: Our man shall not be stoned until you bring your man and stone him. So they made a compromise on this punishment between them.

The Prophet (saws) said: So I decide in accordance with what the Torah says. He then commanded regarding them and they were stoned to death.

Az-Zuhri said: We have been informed that this verse was revealed about them: "It was We Who revealed the Law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the Prophet who bowed (as in Islam) to Allah's will.

The Prophet ordered me to let `Aisha sit behind me (on the animal) and to let her perform `Umra from at-Tan`im.

The Prophet (saws) appointed me to collect sadaqah and then said: Go, AbuMas'ud, I should not find you on the Day of Judgment carrying a camel of sadaqah on your back, which rumbles, the one you have taken by unfaithful dealing in sadaqah. He said: If it is so, I will not go. He said: Then I do not force you.

The Prophet (saws) said: If anyone says in the morning: "O Allah! whatever favour has come to me, it comes from Thee alone Who has no partner; to Thee praise is due and thanksgiving,'! he will have expressed full thanksgiving for the day; and if anyone says the same in the evening, he will have expressed full thanksgiving for the night.

Yahya related to me from Malik from Ibn Shihab that Abdullah ibn Amir gave Uthman ibn Affan a slave-girl who had a husband whom he had purchased at Basra. Uthman said, "I will not go near her until her husband separates from her." Ibn Amir compensated the husband and he separated from her.

Allah's Apostle said: "Whoever amongst you swears, (saying by error) in his oath 'By Al-Lat and Al- Uzza', then he should say, 'None has the right to be worshipped but Allah.' And whoever says to his companions, 'Come let me gamble' with you, then he must give something in charity (as an expiation for such a sin)." (See Hadith No. 645)

Yahya related to me from Malik that he asked Ibn Shihab and Nafi, the mawla of Ibn Umar, whether a man who joined an imam who had already done a raka should say the tashahhud with the imam in the second and fourth rakas, even though these were odd for him? They said, "He should say tashahhud with him."

Malik said, "That is the position with us."

Yahya related to me from Malik from Yahya ibn Sa'id that he heard Said ibn al Musayyab say, about the girdle worn by some one in ihram under his clothes, "There is no harm in it if he ties the ends together as a belt."

Malik said, "This is what I like most out of what I have heard about the matter."

Yahya related to me from Malik from Jafar ibn Muhammad ibn AIi from his father that Jabir ibn Abdullah said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say as he left the mosque, intending to go to Safa, 'We begin with that with which Allah began,' and he began with Safa."

Whenever the Prophet intended to proceed on a journey, he used to draw lots amongst his wives and would take the one upon whom the lot fell. Once, before setting out for Jihad, he drew lots amongst us and the lot came to me; so I went with the Prophet; and that happened after the revelation of the Verse Hijab (i.e. veiling).

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.

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.

Allah's Apostle went to the daughter of Milhan and reclined there (and slept) and then (woke up) smiling. She asked, "O Allah's Apostle! What makes you smile?" He replied, (I dreamt that) some people amongst my followers were sailing on the green sea in Allah's Cause, resembling kings on thrones." She said, "O Allah's Apostle! Invoke Allah to make me one of them." He said, "O Allah! Let her be one of them." Then he (slept again and woke up and) smiled. She asked him the same question and he gave the same reply. She said, "Invoke Allah to make me one of them." He replied, ''You will be amongst the first group of them; you will not be amongst the last." Later on she married 'Ubada bin As-Samit and then she sailed on the sea with bint Qaraza, Mu'awiya's wife (for Jihad). On her return, she mounted her riding animal, which threw her down breaking her neck, and she died on falling down.

Malik related to me from Ibn Shihab that he asked Salim ibn 'Abdullah ibn Umar about renting out fields. He said, "There is no harm in it for gold or silver." Ibn Shihab said, "I said to him, 'What do you think of the hadith which is mentioned from Rafi ibn Khadij?'" He said, ''Rafi has exaggerated. If I had a field, I would rent it out."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, if he wished to sleep or eat while junub, would wash his face, and his arms to the elbows, and wipe his head. Then he would eat or sleep.

2.20 The Repetition of the Prayer by a Person in a State of Major Ritual Impurity, his Doing Ghusl, when He has Prayed without Remembering it, and his Washing his Garments.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to recite in all four rakas as when he prayed alone - in every raka the umm al-Qur'an and another sura from the Qur'an. Sometimes he would recite two or three suras in one raka in the obligatory prayer. Similarly, he recited the umm al-Qur'an and two suras in the first two rakas of maghrib.

Yahya related to me that Malik said, "The sunna concerning the time of prayer on the ids of Fitr and Adha - and there is no disagreement amongst us about it - is that the imam leaves his house and as soon as he has reached the place of prayer the prayer falls due."

Yahya said that Malik was asked whether a man who prayed with the imam could leave before the khutba, and he said, "He should not leave until the imam leaves."

Yahya related to me from Zayd ibn Aslam from a man of the Banu Damra that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, was asked about the Aqiqa. He said, 'I do not like disobedience (uquq),' as if he disliked the name. He said, 'If anyone has a child born to him, and wants to sacrifice for his child, then let him do it.' "

Allah's Apostle said, "If a person teaches his slave girl good manners properly, educates her properly, and then manumits and marries her, he will get a double reward. And if a man believes in Jesus and then believes in me, he will get a double reward. And if a slave fears his Lord (i.e. Allah) and obeys his masters, he too will get a double reward."

Yahya related to me from Malik from Abdullah ibn Abi Bakr that his grandfather, Muhammad ibn Amr ibn Hazm sold the fruit of an orchard of his called al-Afraq, for 4,000 dirhams, and he kept aside 800 dirhams' worth of dry dates.

Yahya related to me from Malik from Ibn Shihab from Abbad ibn Tamim from his paternal uncle that he saw the Messenger of Allah, may Allah bless him and grant him peace, lying down in the mosque with one foot on top of the other.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm that in a letter that the Messenger of Allah, may Allah bless him and grant him peace, sent to Amr ibn Hazm it said that no-one should touch the Qur'an unless he was pure.

I came and behold, Allah's Apostle was staying on a Mashroba (attic room) and a black slave of Allah's Apostle was at the top if its stairs. I said to him, "(Tell the Prophet) that here is `Umar bin Al- Khattab (asking for permission to enter)." Then he admitted me.

Yahya related to me from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, was asked about cleaning after excretion. He replied, "Are any of you unable to find three stones?"

Yahya related to me from Malik from Abu Nuaym Wahb ibn Kaysan that Jabir ibn Abdullah used to teach them the takbir in the prayer. Abu Nuaym said, "He used to tell us to say 'Allah is greater' whenever we lowered or raised ourselves."

Yahya related to me from Malik that he had heard that Abu'd-Darda used to rise in the middle of the night and say, "Eyes have slept, and stars have set, and You are the Living and Self Subsistent."

Namat'l uyun wa ghariti'n-nujum wa anta'lhayyu-l-qayyum.

Yahya related to me from Malik from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, saw the corpse of a woman who had been slain in one of the raids, and he disapproved of it and forbade the killing of women and children.

"Umar bin Al-Khattab informed me that he heard the Messenger of Allah (saws) say: 'I will expel the Jews and the Christians from the Arabian Peninsula, and I will not leave anyone in it except a Muslim."

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

The Prophet said to Ubai, "Allah has ordered me to recite to you: 'Those who disbelieve (Surat-al- Bayina 98).' " Ubai said, "Has He mentioned my name?" The Prophet said, "Yes." On hearing this, Ubai started weeping.

Abu Talha, a companion of Allah's Apostle and one of those who fought at Badr together with Allah's Apostle told me that Allah's Apostle said. "Angels do not enter a house in which there is a dog or a picture" He meant the images of creatures that have souls.

The Messenger of Allah (saws) appointed him commander over a detachment. He said: I went out along with it. He (the Prophet) said: If you find so-and-so, burn him with the fire. I then turned away, and he called me. So I returned to him, and he said: If you find so-and-so, kill him, and do not burn him, for no one punishes with fire except the Lord of the fire.