Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'

"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

Yahya related to me the like of that from Malik from Ibn Shihab.

Malik said, about a slave who divorced a slave-girl but did not make it absolute, "He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave- girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman."

Malik said, "That is what is done among us."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

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.

(the wife of the Prophet) that while Allah's Apostle was with her, she heard a voice of a man asking permission to enter the house of Hafsa. `Aisha added: I said, "O Allah's Apostle! This man is asking permission to enter your house." The Prophet said, "I think he is so-and-so," naming the foster-uncle of Hafsa. `Aisha said, "If so-and-so," naming her foster uncle, "were living, could he enter upon me?" The Prophet said, "Yes, for foster suckling relations make all those things unlawful which are unlawful through corresponding birth (blood) relations."

Sa'd bin 'Ubada Al-Ansari sought the verdict of Allah's Apostle regarding a vow made by his mother who had died before fulfilling it. Allah's Apostle said, "Fulfill it on her behalf." Some people said, "If the number of camels reaches twenty, then their owner has to pay four sheep as Zakat; and if their owner gives them as a gift or sells them in order to escape the payment of Zakat cunningly before the completion of a year, then he is not to pay anything, and if he slaughters them and then dies, then no Zakat is to be taken from his property."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah from Busr ibn Said that Zayd ibn Khalid al-Juhani sent him to Abu Juhaym to ask him what he had heard from the Messenger of Allah, may Allah bless him and grant him peace, about passing in front of someone praying. Abu Juhaym said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If the one who passes in front of a man praying knew what he was bringing upon himself it would be better for him to stop for forty than to pass in front of him.' "

Abu'n-Nadr said, "I do not know whether he said forty days or months or years."

One night Allah's Apostle offered the prayer in the Mosque and the people followed him. The next night he also offered the prayer and too many people gathered. On the third and the fourth nights more people gathered, but Allah's Apostle did not come out to them. In the morning he said, "I saw what you were doing and nothing but the fear that it (i.e. the prayer) might be enjoined on you, stopped me from coming to you." And that happened in the month of Ramadan.

That he heard the Prophet delivering a sermon on the pulpit saying, "Kill snakes and kill Dhu-at- Tufyatain (i.e. a snake with two white lines on its back) and Al-Abtar (i.e. a snake with short or mutilated tail) for they destroy the sight of one's eyes and bring about abortion." (`Abdullah bin `Umar further added): Once while I was chasing a snake in order, to kill it, Abu Lubaba called me saying: "Don't kill it," I said. "Allah's Apostle ordered us to kill snakes." He said, "But later on he prohibited the killing of snakes living in the houses." (Az-Zuhri said. "Such snakes are called Al-Awamir.")

`Umar bin Al-Khattab came on the day of Al-Khandaq after the sun had set and he was abusing the infidels of Quraish saying, "O Allah's Apostle! I was unable to offer the (`Asr) prayer till the sun was about to set." The Prophet said, "By Allah, I have not offered this (i.e. `Asr) prayer." So we came down along with the Prophet to Buthan where he performed ablution for the prayer and then we performed the ablution for it. Then he offered the `Asr prayer after the sun had set, and after it he offered the Maghrib prayer.

The Messenger of Allah(may peace be upon him) as saying: "If one who passes in front of a man who is praying knew the responsibility he incurs, he would prefer to stand still for forty. . . rather than pass in front of him. Abu al-Nadr said: I do not know whether he said forty days, or months, or years."

Abu Dawud: Sufyan al-Thawri said: If a man passes proudly in front of me while I am praying, I shall stop him, and if a weak man passes, I shall not stop him.

That once `Umar bin Al-Khattab called him and while he was sitting with him, his gatekeeper, Yarfa came and said, "Will you admit `Uthman, `Abdur-Rahman bin `Auf, AzZubair and Sa`d (bin Abi Waqqas) who are waiting for your permission?" `Umar said, "Yes, let them come in." After a while, Yarfa- came again and said, "Will you admit `Ali and `Abbas who are asking your permission?" `Umar said, "Yes." So, when the two entered, `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali). "Both of them had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai (i.e. booty gained without fighting), `Ali and `Abbas started reproaching each other. The (present) people (i.e. `Uthman and his companions) said, "O chief of the believers! Give your verdict in their case and relieve each from) the other." `Umar said, "Wait I beseech you, by Allah, by Whose Permission both the heaven and the earth stand fast! Do you know that Allah's Apostle said, 'We (Prophets) our properties are not to be inherited, and whatever we leave, is to be spent in charity,' and he said it about himself?" They (i.e. `Uthman and his company) said, "He did say it. "`Umar then turned towards `Ali and `Abbas and said, "I beseech you both, by Allah! Do you know that Allah's Apostle said this?" They replied in the affirmative. He said, "Now I am talking to you about this matter. Allah the Glorified favored His Apostle with something of this Fai (i.e. booty won without fighting) which He did not give to anybody else. Allah said:-- "And what Allah gave to His Apostle ("Fai"" Booty) from them--For which you made no expedition With either Calvary or camelry. But Allah gives power to His Apostles Over whomsoever He will And Allah is able to do all things." (59.6) So this property was especially granted to Allah's Apostle . But by Allah, the Prophet neither took it all for himself only, nor deprived you of it, but he gave it to all of you and distributed it amongst you till only this remained out of it. And from this Allah's Apostle used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's Property is spent (i.e. in charity), Allah's Apostle kept on acting like that during all his life, Then he died, and Abu Bakr said, 'I am the successor of Allah's Apostle.' So he (i.e. Abu Bakr) took charge of this property and disposed ...

Allah's Apostle forbade the people to travel to a hostile country carrying (copies of) the Qur'an.

A bedouin came to the Prophet (saws) and said: I have sighted the moon. Al-Hasan added in his version: that is, of Ramadan. He asked: Do you testify that there is no god but Allah? He replied: Yes. He again asked: Do you testify that Muhammad is the Messenger of Allah? He replied: Yes. and he testified that he had sighted the moon. He said: Bilal, announce to the people that they must fast tomorrow.

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab demanded of the people at Mina, "If anyone has knowledge of blood-money, let him inform me." Ad-Dahhak ibn Sufyan al-Kilabi stood up and said, "The Messenger of Allah, may Allah bless him and grant him peace, wrote to me that the wife of Ashyam ad-Dibabi inherited from the blood-money of her husband." Umar ibn al-Khattab said to him, "Go into the tent until I come to you." When Umar ibn al-Khattab came in, ad-Dahhak told him about it and Umar ibn al-Khattab gave a decision based on that.

Ibn Shihab said, "The killing of Ashyam was accidental."

That the Prophet came to her in a state of fear saying, "None has the right to be worshiped but Allah! Woe to the Arabs because of evil that has come near. Today a hole has been made in the wall of Gog and Magog as large as this." pointing with two of his fingers making a circle. Zainab said, "I said, 'O Allah's Apostle! Shall we be destroyed though amongst us there are pious people? ' He said, 'Yes, if evil increases."

Nafi' reported: Ibn Umar made the call to prayer at Dajnan (a place between Mecca and Medina). Then he announced: "Offer prayer in your dwellings:" He then narrated a tradition from the Messenger of Allah (saws). He used to command an announcer who made the call to prayer. He then announced: "Pray in your dwellings" on a cold or rainy night during journey.

Abu Dawud said: This tradition has been narrated by Hammad b. Salamah from Ayyub and 'Ubaid Allah. In his version he added: During journey on a cold or a rainy night.

Allah's Apostle set out for the `Umra but the pagans of Quraish prevented him from reaching the Ka`ba. So, he slaughtered his sacrifice and got his head shaved at Al-Hudaibiya, and agreed with them that he would perform `Umra the following year and would not carry weapons except swords and would not stay in Mecca except for the period they allowed. So, the Prophet performed the `Umra in the following year and entered Mecca according to the treaty, and when he stayed for three days, the pagans ordered him to depart, and he departed.

Ibn `Umar used to kill snakes, but afterwards he forbade their killing and said, "Once the Prophet pulled down a wall and saw a cast-off skin of a snake in it. He said, 'Look for the snake. 'They found it and the Prophet said, "Kill it." For this reason I used to kill snakes. Later on I met Abu Lubaba who told me the Prophet said, 'Do not kill snakes except the short-tailed or mutilated-tailed snake with two white lines on its back, for it causes abortion and makes one blind. So kill it.' "

Sa’id bin Al Musayyab said “The Apostle of Allaah(saws) conquered a portion of Khaibar by force.”

Abu Dawud said “This tradition was read out to Al Harith bin Miskin while I was a witness”. Ibn Wahb said “Malik told me on the authority of Ibn Shihab, Khaibar was captured by force in part and by peace in part. Most of Al Kutaibah was captured by force and a portion by peace.” I asked Malik “What is Al Kutaibah?” He replied “The land of Khaibar. It had forty thousand palm trees.”

Ibn Yahya and `Amr added in their version : “ There will appear among my community people who will be dominated by desires like rabies which penetrates its patient”, `Amr’s version has: “penetrates its patient. There remains no vein and no joint but it penetrates it.”

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep."

Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people."

Safinah AbuAbdurRahman said that a man prepared food for Ali ibn AbuTalib who was his guest, and Fatimah said: I wish we had invited the Messenger of Allah (saws) and he had eaten with us. They invited him, and when he came he put his hands on the side-ports of the door, but when he saw the figured curtain which had been put at the end of the house, he went away. So Fatimah said to Ali: Follow him and see what turned him back. I (Ali) followed him and asked: What turned you back, Messenger of Allah? He replied: It is not fitting for me or for any Prophet to enter a house which is decorated.

A person asked me, "Can a woman in menses serve me? And can a Junub woman come close to me?" I replied, "All this is easy for me. All of them can serve me, and there is no harm for any other person to do the same. `Aisha told me that she used to comb the hair of Allah's Apostle while she was in her menses, and he was in I`tikaf (in the mosque). He would bring his head near her in her room and she would comb his hair, while she used to be in her menses."

That the Prophet (saws), "There is no person who dies having good (prepared for him) with Allah, who wishes to return to the world, and to have the world and all it contains, except for the martyr because of what he knows about the virtue of martyrdom. For, indeed he loves to return to the world so that he may be killed another time."

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

Ibn 'Umar said: "Sufyan bin 'Uyainah said: "Amr bin Dinar was older than Az-Zuhri.'"

While I was walking with the Prophet in the Harra of Medina, Uhud came in sight. The Prophet said, "O Abu Dhar!" I said, "Labbaik, O Allah's Apostle!" He said, "I would not like to have gold equal to this mountain of Uhud, unless nothing of it, not even a single Dinar of it remains with me for more than three days, except something which I will keep for repaying debts. I would have spent all of it (distributed it) amongst Allah's Slaves like this, and like this, and like this." The Prophet pointed out with his hand towards his right, his left and his back (while illustrating it). He proceeded with his walk and said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except those who spend their wealth like this, and like this, and like this, to their right, left and back, but such people are few in number." Then he said to me, "Stay at your place and do not leave it till I come back." Then he proceeded in the darkness of the night till he went out of sight, and then I heard a loud voice, and was afraid that something might have happened to the Prophet .1 intended to go to him, but I remembered what he had said to me, i.e. 'Don't leave your place till I come back to you,' so I remained at my place till he came back to me. I said, "O Allah's Apostle! I heard a voice and I was afraid." So I mentioned the whole story to him. He said, "Did you hear it?" I replied, "Yes." He said, "It was Gabriel who came to me and said, 'Whoever died without joining others in worship with Allah, will enter Paradise.' I asked (Gabriel), 'Even if he had committed theft or committed illegal sexual intercourse? Gabriel said, 'Yes, even if he had committed theft or committed illegal sexual intercourse."

(who was one of the Badr warriors) Allah's Apostle said, "Give me the pledge of allegiance."

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

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "If palm trees are sold after they have been pollinated, the fruit belongs to the seller unless the buyer makes a stipulation about its inclusion."

Allah's Apostle said, "If at all there is bad omen, it is in the horse, the woman, and the house."

Yahya related to me from Malik from Ayyub ibn Habib, the mawla of Sad ibn Abi Waqqas that Abu'l-Muthanna al-Juhani said, "I was with Marwan ibn al-Hakam and Abu Said al-Khudri came to him. Marwan ibn al- Hakam said to him, 'Have you heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade blowing into drinks?' Abu Said said to him, 'Yes.' A man said to him, 'Messenger of Allah, I am not quenched from one breath.' The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Remove the cup from your mouth and then breathe.' He said, 'Sometimes I see something floating in it?' He said, 'Then pour it out.'"

Yahya related to me from Malik that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to pray in a shift and head-covering.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to do ghusl on the day of Fitr before going to the place of prayer.

(the wife of the Prophet) The wife of Rifa`a Al-Qurazi came to Allah's Apostle while I was sitting, and Abu Bakr was also there. She said, 'O Allah s Apostle! I was the wife of Rifa`a and he divorced me irrevocably. Then I married `AbdurRahman bin Az-Zubair who, by Allah, O Allah's Apostle, has only something like a fringe of a garment, Showing the fringe of her veil. Khalid bin Sa`id, who was standing at the door, for he had not been admitted, heard her statement and said, "O Abu Bakr! Why do you not stop this lady from saying such things openly before Allah's Apostle?" No, by Allah, Allah's Apostle did nothing but smiled. Then he said to the lady, "Perhaps you want to return to Rifa`a? That is impossible unless `Abdur-Rahman consummates his marriage with you." That became the tradition after him.

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.

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '