Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.

"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals."

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

The Prophet used to stay (for a period) in the house of Zainab bint Jahsh (one of the wives of the Prophet ) and he used to drink honey in her house. Hafsa and I decided that when the Prophet entered upon either of us, she would say, "I smell in you the bad smell of Maghafir (a bad smelling raisin). Have you eaten Maghafir?" When he entered upon one of us, she said that to him. He replied (to her), "No, but I have drunk honey in the house of Zainab bint Jahsh, and I will never drink it again." Then the following verse was revealed: 'O Prophet ! Why do you ban (for you) that which Allah has made lawful for you?. ..(up to) If you two (wives of the Prophet turn in repentance to Allah.' (66.1-4) The two were `Aisha and Hafsa And also the Statement of Allah: 'And (Remember) when the Prophet disclosed a matter in confidence to one of his wives!' (66.3) i.e., his saying, "But I have drunk honey." Hisham said: It also meant his saying, "I will not drink anymore, and I have taken an oath, so do not inform anybody of that."

While we were in the mosque, Allah's Apostle came out to us and said, "Let us proceed to the Jews." So we went along with him till we reached Bait-al-Midras (a place where the Torah used to be recited and all the Jews of the town used to gather). The Prophet stood up and addressed them, "O Assembly of Jews! Embrace Islam and you will be safe!" The Jews replied, "O Aba-l-Qasim! You have conveyed Allah's message to us." The Prophet said, "That is what I want (from you)." He repeated his first statement for the second time, and they said, "You have conveyed Allah's message, O Aba-l- Qasim." Then he said it for the third time and added, "You should Know that the earth belongs to Allah and His Apostle, and I want to exile you fro,,, this land, so whoever among you owns some property, can sell it, otherwise you should know that the Earth belongs to Allah and His Apostle." (See Hadith No. 392, Vol. 4)

The people started asking the Prophet too many questions importunately. So one day he ascended the pulpit and said, "You will not ask me any question but I will explain it to you." I looked right and left, and behold, every man was covering his head with his garment and weeping. Then got up a man who, whenever quarreling with somebody, used to be accused of not being the son of his father. He said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." Then `Umar got up and said, "We accept Allah as our Lord, Islam as our religion and Muhammad as our Apostle and we seek refuge with Allah from the evil of afflictions." The Prophet said, " I have never seen the good and bad like on this day. No doubt, Paradise and Hell was displayed in front of me till I saw them in front of that wall," Qatada said: This Hadith used to be mentioned as an explanation of this Verse:-- 'O you who believe! Ask not questions about things which, if made plain to you, may cause you trouble.' (5.101)

Al-Miswar bin Makhrama came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present and marking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptor loses his right of preemption."

Yahya related to me from Malik that Ibn Shihab used to say, "When a man catches the raka he says, 'Allah is greater' once, and that takbir is enough for him."

Malik added, "That is if he intended to begin the prayer by that takbir "

Malik was asked about a man who began with the imam but forgot the opening takbir and the takbir of the ruku until he had done one raka. Then he remembered that he had not said the takbir at the opening nor in the ruku,so he said the takbir in the second raka. He said, "I prefer that he start his prayer again, but if he forgets the opening takbir with the imam and says the takbir in the first ruku, I consider that enough for him if he intends by it the opening takbir."

Malik said, about some one who prayed by himself and forgot the opening takbir, "He begins his prayer afresh ."

Malik said, about an imam who forgot the opening takbir until he had finished his prayer, "I think that he should do the prayer again, and those behind him, even if they have said the takbir."

Malik said that a man who had committed fornication with a woman and the hadd-punishment had been applied to him for it, could marry that woman's daughter and his son could marry the woman herself if he wished. That was because he had haram relations with her, and the relations Allah had made haram were from the relations made in a halal manner or in a manner resembling marriage. Allah, the Blessed, the Exalted, said, "Do not marry the women your fathers have married. " (Sura 4 ayat 21)

Malik said, "If a man were to marry a woman in her idda-period in a halal marriage and have relations with her, it would be haram for his son to marry the woman. That is because the father married her in a halal manner, and the hadd-punishment would not have been applied to him. Any child who was born to him would be attached to him as the father. Just as it would be haram for the son to marry a woman whom his father had married in her idda-period and had relations with, so the woman's daughter would be haram for the father if he had had sexual relations with her."

Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.

Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "

One night I slept at the house of my aunt Maimuna and the Prophet slept (too). He got up (for prayer) in the last hours of the night and performed a light ablution from a hanging leather skin. (`Amr, the sub-narrator described that the ablution was very light). Then he stood up for prayer and I got up too and performed the ablution in the same way and joined him on his left side. He pulled me to the right and prayed as much as Allah will. Then he lay down and slept and I heard his breath sounds till the Mu'adh-dhin came to him to inform him about the (Fajr) prayer. He left with him for the prayer and prayed without repeating the ablution. (Sufyan the sub-narrator said: We said to `Amr, "Some people say, 'The eyes of the Prophet sleep but his heart never sleeps.' " `Amr said, "'Ubai bin `Umar said, 'The dreams of the Prophets are Divine Inspirations. Then he recited, '(O my son), I have seen in dream that I was slaughtering you (offering you in sacrifice).") (37.102)

When Allah's Apostle died and Abu Bakr became the caliph some Arabs renegade (reverted to disbelief) (Abu Bakr decided to declare war against them), `Umar, said to Abu Bakr, "How can you fight with these people although Allah's Apostle said, 'I have been ordered (by Allah) to fight the people till they say: "None has the right to be worshipped but Allah, and whoever said it then he will save his life and property from me except on trespassing the law (rights and conditions for which he will be punished justly), and his accounts will be with Allah.' " Abu Bakr said, "By Allah! I will fight those who differentiate between the prayer and the Zakat as Zakat is the compulsory right to be taken from the property (according to Allah's orders) By Allah! If they refuse to pay me even a she-kid which they used to pay at the time of Allah's Apostle . I would fight with them for withholding it" Then `Umar said, "By Allah, it was nothing, but Allah opened Abu Bakr's chest towards the decision (to fight) and I came to know that his decision was right."

Allah's Apostle came to my house while two girls were singing beside me the songs of Bu'ath (a story about the war between the two tribes of the Ansar, i.e. Khazraj and Aus, before Islam.) The Prophet reclined on the bed and turned his face to the other side. Abu Bakr came and scolded me and said protestingly, "Instrument of Satan in the presence of Allah's Apostle?" Allah's Apostle turned his face towards him and said, "Leave them." When Abu Bakr became inattentive, I waved the two girls to go away and they left. It was the day of `Id when negroes used to play with leather shields and spears. Either I requested Allah's Apostle or he himself asked me whether I would like to see the display. I replied in the affirmative. Then he let me stand behind him and my cheek was touching his cheek and he was saying, "Carry on, O Bani Arfida (i.e. negroes)!" When I got tired, he asked me if that was enough. I replied in the affirmative and he told me to leave.

One of `Abdullah's sons said to `Abdullah (bin `Umar) "I wish you would stay this year (and not perform Hajj) as I am afraid that you will not be able to reach the Ka`ba." On that he (i.e. `Abdullah bin `Umar) said, "We went out with the Prophet (for `Umra), and when the Quraish infidel intervened between us and the Ka`ba, the Prophet slaughtered his Hadi and shaved (his head), and his companions cut short their hair." Then `Abdullah bin `Umar said, "I make you witness that I have intended to perform `Umra and if I am allowed to reach the Ka`ba, I will perform the Tawaf, and if something (i.e. obstacles) intervene between me and the Ka`ba, then I will do what Allah's Apostle did." Then after going for a while, he said, "I consider the ceremonies (of both `Umra and Hajj as one and the same, so I would like you to witness that I have intended to perform Hajj along with my `Umra." So he performed only one Tawaf and one Sai (between Safa and Marwa) and finished the Ihram of both Umra and Hajj).

A man whom the Prophet (saws) made the following verse read informed me, or he was informed by a man whom a man made the following verse read through a man whom the Prophet (saws) made the following verse read: "For, that day His chastisement will be such as none (else) can be inflicted (la yu'adhdhabu)

Abu Dawud said: 'Asim, al-A'mash, Talhah b. Musarrif, Abu Ja'far Yazid b. al-Qa'qa', Shaibah b. Nassah, Nafi' b. 'Abd al-Rahman, 'Abd Allah b. Kathir al-Dari, Abu 'Amr b. al-'Ala', Hamzat al-Zayyat, 'Abd al-Rahman al-A'raj, Qatadah, al-Hasan al-Basri, Mujahid, Hamid al=A'raj, Abd Allah b. 'Abbas and 'Abd al-Rahman b. Abi Bakr recited: "For,that day His chastisement will be such as none (else) can inflict (la ya'adhdhibu), and His bonds will be such as none (other) can bind (wa la yathiqu), except the verse mentioned in this tradition from the Prophet (saws). It has een read yu'adhdhabu with short vowel a in passive voice.

I spent a night with the Prophet (sal Allaahu alayhi wa sallam). When he woke up from his sleep (in the latter part of the night for prayer) he came to his ablution water. He took the tooth-stick and used it. He then recited the verse: "Verily in the creation of the heavens and the earth and the alternation of the night and the day are tokens (of His Sovereignty) for men of understanding" (iii-190). He recited these verses up to the end of the chapter or he finished the whole chapter. He then performed ablution and came to the place of prayer. He then said two rak'ahs of prayer. He then lay down on the bed and slept as much as Allaah wished. He then got up and did the same. He then lay down and slept. He then got up and did the same. Every time he used the tooth-stick and offered two rak'ah of prayer. He then offered the prayer known as witr.

Abu Dawud said: Fudail on the authority if Husain reported the wording: He then used the tooth-stick and performed ablution while he was reciting the verses: "Verily in the creation of the heaves and the earth..." until he finished the chapter.

This hadith has been transmitted by Qatada with the same chain of transmitters that he saw the Apostle of Allah (may peace be upon him) doing this (i.e. raising his hands) till they were opposite the lobes of ears.

I heard the Messenger of Allah (saws) saying to his wives during the Farewell Pilgrimage: This (is the pilgrimage for you); afterwards stick to the surface of the mats (i.e. should stay at home).

When the Messenger of Allah (saws) sacrificed the camels, he sacrificed thirty of them with his own hand, and then commanded me (to sacrifice them), so I sacrificed the rest of them.

I have seen the Messenger of Allah (saws) using a tooth-stick while he was fasting. Musaddad added in his version: "more often than I could count."

The Prophet (saws) said: If anyone takes an oath and says: I am free from Islam; now if he is a liar (in his oath), he will not return to Islam with soundness.

The Prophet (saws) said: Do not give property to go to the survivor and do not give life-tenancy. If anyone is given something to the survivor or given life-tenancy, it goes to his heirs.

Umar came to the Prophet (saws) when he was in his wooden oriel, and said to him: Peace be upon you. Messenger of Allah, peace be upon you! May Umar enter ?

And it's meaning is to put (one's) hands on his waist.