Another chain reports a similar hadith.

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man was walking on a road when he became very thirsty. He found a well and went into it and drank and came out. There was a dog panting and eating earth out of thirst. The man said, 'This dog has become as thirsty as I was.' He went down into the well and filled his shoe and then held it in his mouth until he climbed out and gave the dog water to drink. Allah thanked him for it and forgave him." They said, "Messenger of Allah, do we have a reward for taking care of beasts?" He said, "There is a reward for every one with a moist liver."

Malik related to me from Nafi from al-Qasim ibn Muhammad from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that she bought a cushion which had pictures on it. When the Messenger of Allah, may Allah bless him and grant him peace, saw it, he stopped at the door and did not enter. She recognised disapproval on his face and said, "Messenger of Allah, I turn in repentance to Allah and His Messenger. What have I done wrong?" The Messenger of Allah, may Allah bless him and grant him peace, said, "What is the meaning of this cushion?" She said, "I bought it for you to sit and recline on." The Messenger of Allah, may Allah bless him and grant him peace, said, "Those who make such pictures will be punished on the Day of Rising. It will be said to them, 'Bring to life what you have created'. Then he said, 'The angels do not enter a house in which there are pictures.' "

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, sent a gift to Umar ibn al-Khattab, and Umar returned it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did you return it?" He said, "Messenger of Allah, didn't you tell us that it is better for us not to take anything from anyone?" The Messenger of Allah, may Allah bless him and grant him peace, said, "That is by asking. Provision which Allah gives you is different from asking." Umar ibn al-Khattab said, "By the One in whose hand my self is, I will not ask anything from anyone, and anything that comes to me without my asking for it, I will accept."

While I was praying, the Prophet passed by and called me, but I did not go to him till I had finished my prayer. When I went to him, he said, "What prevented you from coming?" I said, "I was praying." He said, "Didn't Allah say" "O you who believes Give your response to Allah (by obeying Him) and to His Apostle." (8.24) Then he added, "Shall I tell you the most superior Sura in the Qur'an before I go out of the mosque?" When the Prophet intended to go out (of the Mosque), I reminded him and he said, "That is: "Al hamdu-li l-lahi Rabbil-`alamin (Surat-al-fatiha)' which is the seven oft repeated verses (Al-Mathani) and the Grand Qur'an which has been given to me."

Some pagans who committed murders in great number and committed illegal sexual intercourse excessively, came to Muhammad and said, "O Muhammad! Whatever you say and invite people to, is good: but we wish if you could inform us whether we can make an expiration for our (past evil) deeds." So the Divine Verses came: 'Those who invoke not with Allah any other god, not kill such life as Allah has forbidden except for just cause, nor commit illegal sexual intercourse.' (25.68) And there was also revealed:-- 'Say: O My slaves who have transgressed against their souls! Despair not of the Mercy of Allah.' (39.53)

I heard the Prophet reciting Surat at-Tur in the Maghrib prayer, and when he reached the Verse: 'Were they created by nothing, Or were they themselves the creators, Or did they create the Heavens and the Earth? Nay, but they have no firm belief Or do they own the treasures of Your Lord? Or have they been given the authority to do as they like...' (52.35-37) my heart was about to fly (when I realized this firm argument).

All the idols which were worshiped by the people of Noah were worshiped by the Arabs later on. As for the idol Wadd, it was worshiped by the tribe of Kalb at Daumat-al-Jandal; Suwa` was the idol of (the tribe of) Hudhail; Yaghouth was worshiped by (the tribe of) Murad and then by Bani Ghutaif at Al-Jurf near Saba; Ya`uq was the idol of Hamdan, and Nasr was the idol of Himyar, the branch of Dhi-al-Kala`. The names (of the idols) formerly belonged to some pious men of the people of Noah, and when they died Satan inspired their people to (prepare and place idols at the places where they used to sit, and to call those idols by their names. The people did so, but the idols were not worshiped till those people (who initiated them) had died and the origin of the idols had become obscure, whereupon people began worshiping them.

While I was praying, the Prophet called me but I did not respond to his call. Later I said, "O Allah's Apostle! I was praying." He said, "Didn't Allah say: 'O you who believe! Give your response to Allah (by obeying Him) and to His Apostle when he calls you'?" (8.24) He then said, "Shall I not teach you the most superior Surah in the Qur'an?" He said, '(It is), 'Praise be to Allah, the Lord of the worlds. ' (i.e., Surat Al-Fatiha) which consists of seven repeatedly recited Verses and the Magnificent Qur'an which was given to me."

I said, "O Allah's Prophet! We are living in a land ruled by the people of the Scripture; Can we take our meals in their utensils? In that land there is plenty of game and I hunt the game with my bow and with my hound that is not trained and with my trained hound. Then what is lawful for me to eat?" He said, "As for what you have mentioned about the people of the Scripture, if you can get utensils other than theirs, do not eat out of theirs, but if you cannot get other than theirs, wash their utensils and eat out of it. If you hunt an animal with your bow after mentioning Allah's Name, eat of it. and if you hunt something with your trained hound after mentioning Allah's Name, eat of it, and if you hunt something with your untrained hound (and get it before it dies) and slaughter it, eat of it."

Two ladies (had a fight) and one of them hit the other with a stone on the `Abdomen and caused her to abort. The Prophet judged that the victim be given either a slave or a female slave (as blood-money). Narrated Ibn Shihab: Sa`id bin Al-Musayyab said, "Allah's Apostle judged that in case of child killed in the womb of its mother, the offender should give the mother a slave or a female slave in recompense The offender said, How can I be fined for killing one who neither ate nor drank, neither spoke nor cried: a case like that should be denied ' On that Allah's Apostle said 'He is one of the brothers of the foretellers

Allah's Apostle said, "While a man was walking on a road. he became very thirsty. Then he came across a well, got down into it, drank (of its water) and then came out. Meanwhile he saw a dog panting and licking mud because of excessive thirst. The man said to himself "This dog is suffering from the same state of thirst as I did." So he went down the well (again) and filled his shoe (with water) and held it in his mouth and watered the dog. Allah thanked him for that deed and forgave him." The people asked, "O Allah's Apostle! Is there a reward for us in serving the animals?" He said, "(Yes) There is a reward for serving any animate (living being) ."

While we were in the company of the Prophet in a tent he said, ''Would it please you to be one fourth of the people of Paradise?" We said, "Yes." He said, "Would It please you to be one-third of the people of Paradise?" We said, "Yes." He said, "Would it please you to be half of the people of Paradise?" We said, "Yes." Thereupon he said, "I hope that you will be one half of the people of Paradise, for none will enter Paradise but a Muslim soul, and you people, in comparison to the people who associate others in worship with Allah, are like a white hair on the skin of a black ox, or a black hair on the skin of a red ox."

We were with the Prophet and he was holding the hand of `Umar bin Al-Khattab. `Umar said to Him, "O Allah's Apostle! You are dearer to me than everything except my own self." The Prophet said, "No, by Him in Whose Hand my soul is, (you will not have complete faith) till I am dearer to you than your own self." Then `Umar said to him, "However, now, by Allah, you are dearer to me than my own self." The Prophet said, "Now, O `Umar, (now you are a believer).

I asked `Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" `Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).

Someone said to Usama, "Will you not talk to this (Uthman)?" Usama said, "I talked to him (secretly) without being the first man to open an evil door. I will never tell a ruler who rules over two men or more that he is good after I heard Allah's Apostle saying, 'A man will be brought and put in Hell (Fire) and he will circumambulate (go around and round) in Hell (Fire) like a donkey of a (flour) grinding mill, and all the people of Hell (Fire) will gather around him and will say to him, O so-and-so! Didn't you use to order others for good and forbid them from evil?' That man will say, 'I used to order others to do good but I myself never used to do it, and I used to forbid others from evil while I myself used to do evil.' "

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab told people to kill snakes in the Haram.

Malik said, about the "wild dogs" which people were told to kill in the Haram, that any animals that wounded, attacked, or terrorised men, such as lions, leopards, Iynxes and wolves, were counted as"wild dogs." However, someone who was in ihram should not kill beasts of prey that did not attack (people), such as hyenas, foxes, cats and anything else like them, and if he did then he had to pay a forfeit for it. Similarly, someone in ihram should not kill any predatory birds except the kinds that the Prophet, may Allah bless him and grant him peace, specified, namely crows and kites. If someone in ihram killed any other kind of bird he had to pay a forfeit for it.

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."

Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."

Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."

Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."

`Abdullah bin `Umar said: "A man got up in the mosque and said: O Allah's Apostle 'At which place you order us that we should assume the Ihram?' Allah's Apostle replied, 'The residents of Medina should assure the Ihram from Dhil-Hulaifa, the people of Syria from Al-Juhfa and the people of Najd from Qarn." Ibn `Umar further said, "The people consider that Allah's Apostle had also said, 'The residents of Yemen should assume Ihram from Yalamlam.' " Ibn `Umar used to say, "I do not: remember whether Allah's Apostle had said the last statement or not?"

People say, "Whenever you sit for answering the call of nature, you should not face the Qibla or Baitul-Maqdis (Jerusalem)." I told them. "Once I went up the roof of our house and I saw Allah's Apostle answering the call of nature while sitting on two bricks facing Baitul-Maqdis (Jerusalem) (but there was a screen covering him. ' (Fath-al-Bari, Page 258, Vol. 1).

A person asked `Abdullah bin Zaid who was the grandfather of `Amr bin Yahya, "Can you show me how Allah's Apostle used to perform ablution?" `Abdullah bin Zaid replied in the affirmative and asked for water. He poured it on his hands and washed them twice, then he rinsed his mouth thrice and washed his nose with water thrice by putting water in it and blowing it out. He washed his face thrice and after that he washed his forearms up to the elbows twice and then passed his wet hands over his head from its front to its back and vice versa (beginning from the front and taking them to the back of his head up to the nape of the neck and then brought them to the front again from where he had started) and washed his feet (up to the ankles).

"Allah's Apostle in his fatal illness came out with a piece of cloth tied round his head and sat on the pulpit. After thanking and praising Allah he said, "There is no one who had done more favor to me with life and property than Abu Bakr bin Abi Quhafa. If I were to take a Khalil, I would certainly have taken Abu- Bakr but the Islamic brotherhood is superior. Close all the small doors in this mosque except that of Abu Bakr."

I heard `Aisha saying, "Five days before the end of Dhul-Qa'da we set out from Medina in the company of Allah's Apostle with the intention of performing Hajj only. When we approached Mecca, Allah's Apostle ordered those who had no Hadi with them to finish their lhram after performing Tawaf of the Ka`ba and (Sa`i) and between Safa and Marwa." `Aisha added, "On the day of Nahr (slaughtering of sacrifice) beef was brought to us. I asked, 'What is this?' The reply was, 'Allah's Apostle (p.b.u.h) has slaughtered (sacrifices) on behalf of his wives.' "

Allah's Apostle said, "Allah said, 'All the deeds of Adam's sons (people) are for them, except fasting which is for Me, and I will give the reward for it.' Fasting is a shield or protection from the fire and from committing sins. If one of you is fasting, he should avoid sexual relation with his wife and quarreling, and if somebody should fight or quarrel with him, he should say, 'I am fasting.' By Him in Whose Hands my soul is' The unpleasant smell coming out from the mouth of a fasting person is better in the sight of Allah than the smell of musk. There are two pleasures for the fasting person, one at the time of breaking his fast, and the other at the time when he will meet his Lord; then he will be pleased because of his fasting."

That the Messenger of Allah (saws) said: "The deeds of everyone who dies are sealed. Except for the one who dies guarding the frontier from the enemy, in the cause of Allah. For indeed his actions are increased for him until the Day of Judgement, and he is secure from the tribulation of the grave." And I heard the Messenger of Allah (saws) saying: "The Mujahid is one who strives against his own soul."

[Abu 'Eisa said:] There are narrations on this topic from 'Uqbah bin 'Amir and Jabir.

The Hadith is Fadalah is a Hasan Sahih Hadith.

That the Prophet (saws) said: "Indeed each of you is a shepherd and all of you will be questioned regarding your flock. The commander who is in authority over the Muslims is responsible and he will be questioned regarding his responsibility. The man is responsible over the inhabitants of his house and he is the one who will be questioned about them. The wife is responsible in her husband's house and she will be questioned about it. The slave is responsible regarding his master's property, and he will be questioned about it. Indeed each of you is a shepherd and each of you will be questioned about his flock."

[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah, Anas, and Abu Musa. The Hadith of Abu Musa is not preserved, and the Hadith of Anas is not preserved. And the Hadith of Ibn 'Umar is Hasan Sahih Hadith.