Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

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

29.2 Divorce by Euphemistic Statements

"We used to say that the participants of Badr on the Day of Badr were like the number of companions of Talut, three hundred and thirteen men."

[He said:] There is something on this topic from Ibn 'Abbas.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ath-Thawri and others reported it from Abu Ishaq.

* The majority of scholars interpret this to mean that these things in and of themselves do not transmit or cause harm through supernatural or hidden means but that Allah is ultimately in control and any fearful superstition around these is false.

Ibn `Umar said, "The Prophet fixed Qarn as the Miqat (for assuming the Ihram) for the people of Najd, and Al-Juhfa for the people of Sham, and Dhul-Hulaifa for the people of Medina." Ibn `Umar added, "I heard this from the Prophet, and I have been informed that the Prophet said, 'The Miqat for the Yemenites is Yalamlam.' "When Iraq was mentioned, he said, "At that time it was not a Muslim country."

Yahya related to me from Malik from Ibn Shihab that Abu Bakr ibn Sulayman ibn Abi Hathma said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, prayed two rakas of one of the two day-ti me prayers, dhuhr or asr, and said the taslim after two rakas. Dhu'sh-Shamalayn said to him, 'Has the prayer been shortened, Messenger of Allah, or have you forgotten?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The prayer has not been shortened and I have not forgotten.' Dhu'shShamalayn said, 'It was certainly one of those, Messenger of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, approached the people and said, 'Has Dh u'sh-Shamalayn spoken the truth?' They said, 'Yes, Messenger of Allah,' and the Messenger of Allah, may Allah bless him and grant him peace, completed what remained of the prayer, and then said, 'Peace be upon you.' "

Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi that Ubaydullah ibn Adi ibnal-Khiyar said, "Once when the Messenger of Allah, may Allah bless him and grant him peace, was sitting with some people, a man came to him and spoke secretly to him. Nobody knew what he had said until the Messenger of Allah, may Allah bless him and grant him peace, disclosed that he had asked for permission to kill one of the hypocrites. When he disclosed this, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Doesn't he testify that there is no god but Allah and that Muhammad is the Messenger of Allah?' The man replied, 'Of course, but he hasn't really done so.' He said, 'Doesn't he do the prayer?' and the man replied, 'Of course, but he doesn't really do the prayer.' He said, may Allah bless him and grant him peace, 'Those are the ones whom Allah has forbidden me (to kill).' "

(the wife of the Prophet) I said, "O Allah's Apostle! Will you marry my sister, the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I said, "Yes, for I am not your only wife, and the person I like most to share the good with me, is my sister." He said, "That is not lawful for me." I said, "O Allah's Apostle! We have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she is unlawful for me, for she is my foster niece. Thuwaiba suckled me and Abu Salama. So you should not present to me your daughters and sisters." Narrated 'Urwa: Thuwaiba had been a slave girl whom Abu Lahab had emancipated.

On the day of Nahr Allah's Apostle delivered the Khutba after the `Id prayer and said, "Anyone who prayed like us and slaughtered the sacrifice like we did then he acted according to our (Nusuk) tradition of sacrificing, and whoever slaughtered the sacrifice before the prayer, then that was just mutton (i.e. not sacrifice)." Abu Burda bin Naiyar stood up and said, "O Allah's Apostle! By Allah, I slaughtered my sacrifice before I offered the (Id) prayer and thought that today was the day of eating and drinking (nonalcoholic drinks) and so I made haste (in slaughtering) and ate and also fed my family and neighbors." Allah's Apostle said, "That was just mutton (not a sacrifice)." Then Abu Burda said, "I have a young she-goat and no doubt, it is better than two sheep. Will that be sufficient as a sacrifice for me?" The Prophet replied, "Yes. But it will not be sufficient for anyone else (as a sacrifice), after you."

The people doubted whether the Prophet was fasting on the day of `Arafat or not, so I sent milk while he was standing at `Arafat, he drank it and the people were looking at him.

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "Tell Abu Bakr to lead the people in prayer." A'isha said, "Messenger of Allah, when Abu Bakr stands in your place his voice does not reach the ears of the people because of his weeping, so tell Umar to lead the people in prayer." He said, "Tell Abu Bakr to lead the people in prayer." A'isha continued, "I told Hafsa to tell him that when Abu Bakr stood in his place his voice did not reach the ears of the people because of his weeping, and that he should tell Umar to lead the people in prayer. Hafsa did so, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'You are the companions of Yusuf! (referring to the women who cut their hands when they saw the beauty of Yusuf). Tell Abu Bakr to lead the people in prayer!' "

A'isha added that Hafsa said to her, "I have never had anything good from you!"

Yahya said that Malik spoke about an investor who made a qirad loan to a man.

He said, "When the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collecting debts, transporting the goods, loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides, he has no expenses from the capital and no clothing."

Malik spoke about an investor who paid qirad money to a man, and the agent went out with it and with his own capital. He said, "The expenses come from the qirad and from his own capital according to their proportions."

When `Abdullah bin Ubai bin Salul died, Allah's Apostle was called in order to offer the funeral prayer for him. When Allah's Apostle got up (to offer the prayer) I jumped towards him and said, "O Allah's Apostle! Do you offer the prayer for Ibn Ubai although he said so-and-so on such-and-such-a day?" I went on mentioning his sayings. Allah's Apostle smiled and said, "Keep away from me, O `Umar!" But when I spoke too much to him, he said, "I have been given the choice, and I have chosen (this) ; and if I knew that if I asked forgiveness for him more than seventy times, he would be for given, I would ask it for more times than that." So Allah's Apostle offered the funeral prayer for him and then left, but he did not stay long before the two Verses of Surat-Bara'a were revealed, i.e.:-- 'And never (O Muhammad) pray for anyone of them that dies.... and died in a state of rebellion.' (9.84) Later I was astonished at my daring to speak like that to Allah's Apostle and Allah and His Apostle know best.

Allah's Apostle sent some men from the Ansar to ((kill) Abu Rafi`, the Jew, and appointed `Abdullah bin Atik as their leader. Abu Rafi` used to hurt Allah's Apostle and help his enemies against him. He lived in his castle in the land of Hijaz. When those men approached (the castle) after the sun had set and the people had brought back their livestock to their homes. `Abdullah (bin Atik) said to his companions, "Sit down at your places. I am going, and I will try to play a trick on the gate-keeper so that I may enter (the castle)." So `Abdullah proceeded towards the castle, and when he approached the gate, he covered himself with his clothes, pretending to answer the call of nature. The people had gone in, and the gate-keeper (considered `Abdullah as one of the castle's servants) addressing him saying, "O Allah's Servant! Enter if you wish, for I want to close the gate." `Abdullah added in his story, "So I went in (the castle) and hid myself. When the people got inside, the gate-keeper closed the gate and hung the keys on a fixed wooden peg. I got up and took the keys and opened the gate. Some people were staying late at night with Abu Rafi` for a pleasant night chat in a room of his. When his companions of nightly entertainment went away, I ascended to him, and whenever I opened a door, I closed it from inside. I said to myself, 'Should these people discover my presence, they will not be able to catch me till I have killed him.' So I reached him and found him sleeping in a dark house amidst his family, I could not recognize his location in the house. So I shouted, 'O Abu Rafi`!' Abu Rafi` said, 'Who is it?' I proceeded towards the source of the voice and hit him with the sword, and because of my perplexity, I could not kill him. He cried loudly, and I came out of the house and waited for a while, and then went to him again and said, 'What is this voice, O Abu Rafi`?' He said, 'Woe to your mother! A man in my house has hit me with a sword! I again hit him severely but I did not kill him. Then I drove the point of the sword into his belly (and pressed it through) till it touched his back, and I realized that I have killed him. I then opened the doors one by one till I reached the staircase, and thinking that I had reached the ground, I stepped out and fell down and got my leg broken in a moonlit night. I tied my leg with a turban and proceeded on till I sat at the gate, and said, 'I will not go out tonight till I know that I have killed him.' So, when (early in the morning) the cock crowed, the announcer of the casualty stood on the wall saying, 'I announce the death of Abu Rafi`, the merchant of Hijaz. Thereupon I went to my companions and said, 'Let us save ourselves, for Allah has killed Abu Rafi`,' So I (along with my companions proceeded and) went to the Prophet and described the whole story to him. "He said, 'Stretch out your (broken) leg. I stretched it out and he rubbed it and it became All right as if I had never had any ailment whatsoever."

Hisham narrated it from his father, who narrated it on the authority of 'A'isha that when the Apostle (may peace be upon him) took a bath because of sexual inter-course, he first washed the palms of his hands three times, and then the whole hadith was transmitted like that based on the authority of Abu Mu'awyia, but no mention is made of the washing of feet.

This hadith has been narrated by Amr al-Naqid, Yazid b. Harun, 'Abd b. Humaid, Abd al-Razzaq, Thauri, Ayyub b. Musa, with the same chain of transmitters. In hadith narrated by Abd al-Razzaq there is a mention of the menstruation and of the sexual intercourse. The rest of the hadith has been transmitted like that of Ibn 'Uyaina.

Abu Qilaba reported that he saw Malik b. Huwairith raising his hands at the beginning of prayer and raising his hands before kneeling down, and raising his hands after lifting his head from the state of kneeling, and he narrated that the Messenger of Allah (may peace be upon him) used to do like this.

Karimah, daughter of Hammam, told that a woman came to Aisha (Allah be pleased with her) and asked her about dyeing with henna. She replied: There is no harm, but I do not like it. My beloved, the Messenger of Allah (saws), disliked its odour.

Abu Dawud said: She meant the colour of hair of the head.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "There is nothing that Allah does not like to be pardoned as long as it is not a hadd."

Yahya said that Malik said, "The sunna with us is that the hadd is obliged against anyone who drinks something intoxicating whether or not he becomes drunk."

A tailor invited the Prophet to a meal which he had prepared, and I went along with the Prophet . The tailor presented barley bread and soup containing gourd and cured meat. I saw the Prophet picking the pieces of gourd from around the dish, and since then I have kept on liking gourd.

The Prophet said, "If while you are praying, somebody intends to pass in front of you, prevent him; and should he insist, prevent him again; and if he insists again, fight with him (i.e. prevent him violently e.g. pushing him violently), because such a person is (like) a devil."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr, that Abu Bakr ibn Abd ar-Rahman used to say, "Someone who goes to the mosque in the morning or the afternoon with no intention of going anywhere else, either to learn good or teach it, is like someone who does jihad in the way of Allah and returns with booty."

I heard the Prophet saying, "Ascribing false things to me is not like ascribing false things to anyone else. Whosoever tells a lie against me intentionally then surely let him occupy his seat in Hell-Fire." I heard the Prophet saying, "The deceased who is wailed over is tortured for that wailing."

`Abdur-Rahman bin `Auf said to Suhaib, 'Fear Allah and do not ascribe yourself to somebody other than your father.' Suhaib replied, 'I would not like to say it even if I were given large amounts of money, but I say I was kidnapped in my childhood.' "

The Prophet said, "Soon others will be preferred to you, and there will be things which you will not like." The companions of the Prophet asked, "O Allah's Apostle! What do you order us to do (in this case)? " He said, "(I order you) to give the rights that are on you and to ask your rights from Allah."

The Messenger of Allah (saws) liked to begin with the right side as far as possible in all conditions: in his purification, and combing. The narrator Muslim added: "in using tooth-stick," and he did not mention "in all his conditions".

Abu Dawud said: Shu'bah transmitted it from Mu'adh, but did not mention "his tooth-stick."

The Prophet did something and allowed his people to do it, but some people refrained from doing it. When the Prophet learned of that, he delivered a sermon, and after having sent Praises to Allah, he said, "What is wrong with such people as refrain from doing a thing that I do? By Allah, I know Allah better than they, and I am more afraid of Him than they."

Yahya related to me from Malik from Zayd ibn Aslam from Ibrahim ibn Abdullah ibn Hunayn from his father Abdullah ibn Hunayn that Abdullah ibn Abbas and al-Miswar ibn Makhrama once had a disagreement at al-Abwa. Abdullah said that some one in ihram could wash his head, and al Miswar ibn Makhrama maintained that some one in ihram could not wash his head.

Abdullah ibn Hunayn continued, "Abdullah ibn Abbas sent me to Abu Ayyub al-Ansari, and I found him doing ghusl between the posts of a well, screened by a garment. I greeted him and hesaid, 'Who is that?' I replied, 'I am 'Abdullah ibn Hunayn. 'Abdullah ibn Abbas sent me to you to ask how the Messenger of Allah, may Allah bless him and grant him peace, used to wash his head when he was in ihram.' "

He continued, "Abu Ayyub put his hand on the garment and pulled it down until I could see his head. He said to the man who was pouring out the water for him, 'Pour,' and he poured some over his head. Then he passed his hands over his head from the front to the back and then to the front again, and then said, 'I saw the Messenger of Allah, may Allah bless him and grant him peace, doing it like this.' "

The Prophet said, "Time has come back to its original state which it had when Allah created the Heavens and the Earth, the year is twelve months, of which four are sacred; (and out of these four) three are in succession, namely, Dhul-Qa'da, Dhul-Hijja and Muharram, and (the fourth one) Rajab Mudar which is between Jumad (Ath-Tham) and Sha'ban." The Prophet then asked us, "Which month is this?" We said, "Allah and His Apostle know (it) better." He kept quiet so long that we thought he might call it by another name. Then he said, "Isn't it Dhul-Hijja?" We said, "Yes." He asked "What town is this?" We said, "Allah and His Apostle know (it) better.' Then he kept quiet so long that we thought he might call it by another name. He then said, "Isn't it the (forbidden) town (Mecca)?" We said, "Yes." He asked, "What is the day today?" We said, "Allah and His Apostle know (it) better. Then he kept quiet so long that we thought that he might call it by another name. Then he said, "Isn't it the Day of An-Nahr (slaughtering of sacrifices)?" We said, "Yes." Then he said, "Your blood (lives), your properties," (the sub narrator Muhammad, said: I think he also said): "..and your honor) are as sacred to one another like the sanctity of this Day of yours, in this town of yours, in this month of yours. You shall meet your Lord and He will ask you about your deeds. Beware! Don't go astray after me by striking the necks of one another. Lo! It is incumbent upon those who are present to inform it to those who are absent for perhaps the informed one might comprehend it (understand it) better than some of the present audience." Whenever the sub-narrator Muhammad mentioned that statement, he would say, "The Prophet said the truth.") And then the Prophet added, "No doubt! Haven't I conveyed Allah's Message to you! No doubt! Haven't I conveyed Allah's Message to you?"

A man from among the people, came to Allah's Apostle while Allah's Apostle was sitting in the mosque, and addressed him, saying, "O Allah's Apostle! I have committed an illegal sexual intercourse." The Prophet turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed an illegal intercourse." The Prophet turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet called him and said, "Are you mad?" He said, "No, O Allah's Apostle!" The Prophet said, "Are you married?" He said, "Yes, O Allah's Apostle." The Prophet said (to the people), "Take him away and stone him to death." Ibn Shihab added, "I was told by one who heard Jabir, that Jabir said, 'I was among those who stoned the man, and we stoned him at the Musalla (`Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).' "

When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."

The Messenger of Allah (saws) then said: Return to them (Hawazin) their women and their sons. If any of you withholds anything from this booty, we have six camels for him from the first booty which Allah gives us. The Prophet (saws) then approached a camel, and taking a hair from its hump said: O people, I get nothing of this booty, not even this (meanwhile raising his two fingers) but the fifth, and the fifth is returned to you, so hand over threads and needles. A man got up with a ball of hair in his hand and said: I took this to repair the cloth under a pack-saddle. The Messenger of Allah (saws) said: You can have what belongs to me and to the Banu al-Muttalib. He said: If it produces the result that I now realise, I have no desire for it.

The Messenger of Allah (saws) once delayed the congregational night prayer.

He came out and said: The talk of Tamim ad-Dari detained me. He transmitted it to me from a man who was on of of the islands of the sea. All of a sudden he found a woman who was trailing her hair. He asked: Who are you?

She said: I am the Jassasah. Go to that castle. So I came to it and found a man who was trailing his hair, chained in iron collars, and leaping between Heaven and Earth.

I asked: Who are you? He replied: I am the Dajjal (Antichrist). Has the Prophet of the unlettered people come forth now? I replied: Yes. He said: Have they obeyed him or disobeyed him? I said: No, they have obeyed him. He said: That is better for them.