Yahya related to me from Malik that he had heard from Amir ibn Sad ibn Abi Waqqas that his father said, "There were two brothers, one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Wasn't the other one a muslim?' They said, 'Of course, Messenger of Allah, and there was no harm in him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.' "

When my vindication came down, the Prophet (saws) mounted the pulpit and mentioned that, and recited the Qur'an. Then when he came down from the pulpit he ordered regarding the two men and the woman, and they were given the prescribed punishment.

When the Prophet forbade the use of certain containers (that were used for preparing alcoholic drinks), somebody said to the Prophet . "But not all the people can find skins." So he allowed them to use clay jars not covered with pitch.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would guard against animals and camels which were young or had physical defects as sacrifices.

Malik said, "That is what I like best of what I have heard ."

One of the sons of Um 'Atiyya died, and when it was the third day she asked for a yellow perfume and put it over her body, and said, "We were forbidden to mourn for more than three days except for our husbands."

Anas reported that Allah's Apostle (may peace be upon him) called for water and he was given a vessel and the people began to perform ablution in that and I counted (the persons) and they were between sixty and eighty and I saw water which was spouting from his fingers.

When the Prophet entered Mecca on the day of the Conquest, there were 360 idols around the Ka`ba. The Prophet started striking them with a stick he had in his hand and was saying, "Truth has come and Falsehood will neither start nor will it reappear.

The Messenger of Allah (saws) taught me some words that I say during the witr. (The version of Ibn Jawwas has: I say them in the supplication of the witr.) They were: "O Allah, guide me among those Thou hast guided, grant me security among those Thou hast granted security, take me into Thy charge among those Thou hast taken into Thy charge, bless me in what Thou hast given, guard me from the evil of what Thou hast decreed, for Thou dost decree, and nothing is decreed for Thee. He whom Thou befriendest is not humbled. Blessed and Exalted art Thou, our Lord."

Ibn `Abbas said to me and to his son `Ali, "Go to Abu Sa`id and listen to what he narrates." So we went and found him in a garden looking after it. He picked up his Rida', wore it and sat down and started narrating till the topic of the construction of the mosque reached. He said, "We were carrying one adobe at a time while `Ammar was carrying two. The Prophet saw him and started removing the dust from his body and said, "May Allah be Merciful to `Ammar. He will be inviting them (i.e. his murderers, the rebellious group) to Paradise and they will invite him to Hell-fire." `Ammar said, "I seek refuge with Allah from affliction."

Abu Dawud said: Al-Qassah means lime used as mortar.

Malik related to me from Ibn Shihab from Abu Umama ibn Sahl ibn Hunayf from Abdullah ibn Abbas that Khalid ibn al-Walid ibn al-Mughira entered the house of Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, with the Messenger of Allah, may Allah bless him and grant him peace, and he was brought a roasted lizard. The Messenger of Allah, may Allah bless him and grant him peace, stretched his hand toward it. One of the women who was in Maimuna's house said, "Tell the Messenger of Allah, may Allah bless him and grant him peace, what he means to eat." Someone said, "It is a lizard, Messenger of Allah." He withdrew his hand. Khalid said, "Is it haram, Messenger of Allah?" He said, "No, but there were none in my people's land, and I find that I dislike them."

Khalid added, "I chewed and ate it while the Messenger of Allah, may Allah bless him and grant him peace, was looking."

Yahya related to me from Malik, from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah at-Taymi, from Nafi, the mawla of Abu Qatada al- Ansari, that Abu Qatada was once with the Messenger of Allah, may Allah bless him and grant him peace. When they got to one of the roads to Makka he fell behind with some companions of his who were muhrim, while he was not. Then he saw a wild ass, so he got on his mount and asked his companions to give him his whip but they refused. Then he asked them for his spear and they refused to give it to him. So he took hold of it and attacked the ass and killed it. Some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, ate from it, and others refused. When they had caught up with the Messenger of Allah, may Allah bless him and grant him peace, they asked him about it and he said, "It is food that Allah has fed you with."

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

I asked Anas bin Malik: "Who collected the Qur'an at the time of the Prophet ?" He replied, "Four, all of whom were from the Ansar: Ubai bin Ka`b, Mu`adh bin Jabal, Zaid bin Thabit and Abu Zaid."

When the Prophet died, none had collected the Qur'an but four persons;: Abu Ad-Darda'. Mu`adh bin Jabal, Zaid bin Thabit and Abu Zaid. We were the inheritor (of Abu Zaid) as he had no offspring .

The Prophet forbade two kinds of dresses and two kinds of bargains; Ishtimal As-Samma and Al- Ihtiba in one garment with no part of it covering one's private parts. (The two kinds of bargains were:) Al-Mulamasa and Al-Munabadha.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar and he were approaching Juruf. When they got to Mirbad, Abdullah got down and did tayammum with some good earth. He wiped his face, and his arms to the elbows, and then prayed.

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas and Abdullah ibn Umar were asked about a man who had a free woman as a wife and then wanted to marry a slave-girl. They disapproved that he should combine the two of them.

I went to `Aisha and she was standing praying and the people, too, were standing (praying). So I said, "What is the matter with the people?" She beckoned with her head towards the sky. I said, "(Is there) a sign?" She nodded intending to say, "Yes."

The Prophet (p.b.u.h) said, "Whoever performs Hajj for Allah's pleasure and does not have sexual relations with his wife, and does not do evil or sins then he will return (after Hajj free from all sins) as if he were born anew."

A caravan arrived (at Medina) while we were offering the Jumua prayer with the Prophet. The people left out for the caravan, with the exception of twelve persons. Then this Verse was revealed: 'But when they see some bargain or some amusement, they disperse headlong to it and leave you standing." (62.11)

Allah's Apostle sent a Sariya towards Najd, and `Abdullah bin `Umar was in the Sariya. They gained a great number of camels as war booty. The share of each one of them was twelve or eleven camels, and they were given an extra camel each.

While we were besieging the fort of Khaibar, a person threw a leather container containing fat, and I ran to take it, but when I turned I saw the Prophet (standing behind), so I felt embarrassed in front of him.

While we were in the company of the Ibn Al-Musaiyab, Sunain Abi Jamila informed us (a Hadith), Abu Jamila said that he lived during the lifetime of the Prophet and that he had accompanied him ( to Mecca) during the year of the Conquest (of Mecca).

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in our community."

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

I saw Abu Dhar wearing a Burd (garment) and his slave too was wearing a Burd, so I said (to Abu Dhar), "If you take this (Burda of your slave) and wear it (along with yours), you will have a nice suit (costume) and you may give him another garment." Abu Dhar said, "There was a quarrel between me and another man whose mother was a non-Arab and I called her bad names. The man mentioned (complained about) me to the Prophet. The Prophet said, "Did you abuse so-and-so?" I said, "Yes" He said, "Did you call his mother bad names?" I said, "Yes". He said, "You still have the traits of (the Pre-lslamic period of) ignorance." I said. "(Do I still have ignorance) even now in my old age?" He said, "Yes, they (slaves or servants) are your brothers, and Allah has put them under your command. So the one under whose hand Allah has put his brother, should feed him of what he eats, and give him dresses of what he wears, and should not ask him to do a thing beyond his capacity. And if at all he asks him to do a hard task, he should help him therein."

Allah's Apostle employed an employee (to collect Zakat). The employee returned after completing his job and said, "O Allah's Apostle! This (amount of Zakat) is for you, and this (other amount) was given to me as a present." The Prophet said to him, "Why didn't you stay at your father's or mother's house and see if you would be given presents or not?" Then Allah's Apostle got up in the evening after the prayer, and having testified that none has the right to be worshipped but Allah and praised and glorified Allah as He deserved, he said, "Now then ! What about an employee whom we employ and then he comes and says, 'This amount (of Zakat) is for you, and this (amount) was given to me as a present'? Why didn't he stay at the house of his father and mother to see if he would be given presents or not? By Him in Whose Hand Muhammad's soul is, none of you will steal anything of it (i.e. Zakat) but will bring it by carrying it over his neck on the Day of Resurrection. If it has been a camel, he will bring it (over his neck) while it will be grunting, and if it has been a cow, he will bring it (over his neck), while it will be mooing; and if it has been a sheep, he will bring it (over his neck) while it will be bleeding." The Prophet added, "I have preached you (Allah's Message)." Abu Humaid said, "Then Allah's Apostle raised his hands so high that we saw the whiteness of his armpits."

A thief who had accepted (having committed theft) was brought to the Prophet (saws), but no good were found with him. The Messenger of Allah (saws), said to him: I do not think you have stolen. He said: Yes, I have. He repeated it twice or thrice. So he gave orders. His hand was cut off and he was then brought to him. He said: Ask Allah's pardon and turn to Him in repentance. He said: I ask Allah's pardon and turn to Him in repentance. He (the Prophet) then said: O Allah, accept his repentance.

Abu Dawud said: It has been transmitted by 'Amr b. Asim, from Hammam, from Ishaq b. 'Abd Allah from Abu Ummayyah, a man of the Ansar from the Prophet (saws).

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim from his father that Amr ibn Sulaym az-Zuraqi said, "Abu Humayd as-Saidi told me that they asked the Messenger of Allah, may Allah bless him and grant him peace, how they were to ask for blessings upon him and he replied that they should say, 'O Allah, bless Muhammad and his wives and his descendants asYou blessed the family of Ibrahim, and give baraka to Muhammad and his wives and his descendants as You gave baraka to the family of Ibrahim. You are worthy of Praise and Glorious.'"

Allahumma salli ala Muhammad wa azwajihi wa alihi kama sallaita ala ali Ibrahim, wa barakaala Muhammad wa azwajihi wa alihi kama baraktaalaali Ibrahim, innaka Hamidu'm - Majid.

The Angel of Death was sent to Moses when he came to Moses, Moses slapped him on the eye. The angel returned to his Lord and said, "You have sent me to a Slave who does not want to die." Allah said, "Return to him and tell him to put his hand on the back of an ox and for every hair that will come under it, he will be granted one year of life." Moses said, "O Lord! What will happen after that?" Allah replied, "Then death." Moses said, "Let it come now." Moses then requested Allah to let him die close to the Sacred Land so much so that he would be at a distance of a stone's throw from it." Abu Huraira added, "Allah's Apostle said, 'If I were there, I would show you his grave below the red sand hill on the side of the road."

We got the news of the migration of the Prophet while we were in Yemen, so we set out migrating to him. We were, I and my two brothers, I being the youngest, and one of my brothers was Abu Burda and the other was Abu Ruhm. We were over fifty (or fifty-three or fifty two) men from our people. We got on board a ship which took us to An-Najashi in Ethiopia, and there we found Ja`far bin Abu Talib and his companions with An-Najaishi. Ja`far said (to us), "Allah's Apostle has sent us here and ordered us to stay here, so you too, stay with us." We stayed with him till we all left (Ethiopia) and met the Prophet at the time when he had conquered Khaibar. He gave us a share from its booty (or gave us from its booty). He gave only to those who had taken part in the Ghazwa with him. but he did not give any share to any person who had not participated in Khaibar's conquest except the people of our ship, besides Ja`far and his companions, whom he gave a share as he did them (i.e. the people of the ship).

The Prophet (saws) said: If anyone finds an animal whose owners were helpless to provide fodder to it and so they turned it out (of their house), and he took it and looked after it, it will belong to him.

Abu Dawud said: This is the tradition of Hammad. It is more plain and perfect.

Slumber overtook us during the battle of Uhud while we were in the front files. My sword would fall from my hand and I would pick it up, and again it would fall down and I would pick it up again.

While we were with `Utba bin Farqad at Adharbijan, there came `Umar's letter indicating that Allah's Apostle had forbidden the use of silk except this much, then he pointed with his index and middle fingers. To our knowledge, by that he meant embroidery.