Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Asma bint Umays that she gave birth to Muhammad ibn Abi Bakr at al-Bayda. Abu Bakr mentioned this to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Tell her to do ghusl and then enter ihram."

Yahya related to me from Malik that Yahya ibn Said said, "I asked Amra bint Abd ar-Rahman if there was anything that was haram for someone who sent a sacrificial animal (to Makka) but did not go there himself, and she told me that she had heard A'isha say, 'It is only some one who goes into ihram for hajj and begins saying the talbiya for whom things are haram.' "

Yahya related to me from Malik from Rabia ibn Abd ar-Rahman from Handhala ibn Qays az-Zuraqi from Rafi ibn Khadij that the Messenger of Allah, may Allah bless him and grant him peace, forbade renting out fields.

Handhala said, "I asked Rafi ibn Khadij, about paying in gold and silver, and he said, 'There is no harm in it.' "

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one source that the Messenger of Allah, may Allah bless him and grant him peace, assigned the mines of al Qabaliyya, which is in the direction of al-Fur, to Bilal ibn Harith al-Mazini, and nothing has been taken from them up to this day except zakat.

Yahya related to me from Malik from Ibn Shihab that Abd ar-Rahman ibn Kab ibn Malik al-Ansari told him that his father, Kab ibn Malik, used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "The ruh of the mumin is a bird that sits in the trees of the Garden until Allah returns it to his body on the day He raises him ."

Yahya related to me from Malik from Yazid ibn Abdullah ibn Qusayt from Muhammad ibn Abd ar-Rahman ibn Thawban from his mother that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said that the Messenger of Allah, may Allah bless him and grant him peace, ordered that the skins of carrion be used after they had been tanned.

Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman abu Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him peace, said, "The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried, a hand is cut off for whatever reaches the price of a shield."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Abu Salama ibn Abd ar-Rahman ibn Awf that the Messenger of Allah, may Allah bless him and grant him peace, decreed for partners the right of preemption in property which had not been divided up. When boundaries had been fixed between them, then there was no right of pre-emption.

We were sitting in the mosque when the Messenger of Allah (saws) came upon us carrying Umamah daughter of Abul'As ibn ar-Rabi'. Her mother was Zaynab daughter of the Messenger of Allah (saws). She (Umamah) was a child and he (the Prophet) was carrying her on his shoulder.

The Messenger of Allah (saws) led (the people) in prayer while she was on his shoulder. When he bowed he put her down and took her up when he got up. He kept on doing so until he finished his prayer.

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

My uncle Anas bin An-Nadr was absent from the Battle of Badr. He said, "O Allah's Apostle! I was absent from the first battle you fought against the pagans. (By Allah) if Allah gives me a chance to fight the pagans, no doubt. Allah will see how (bravely) I will fight." On the day of Uhud when the Muslims turned their backs and fled, he said, "O Allah! I apologize to You for what these (i.e. his companions) have done, and I denounce what these (i.e. the pagans) have done." Then he advanced and Sa`d bin Mu`adh met him. He said "O Sa`d bin Mu`adh ! By the Lord of An-Nadr, Paradise! I am smelling its aroma coming from before (the mountain of) Uhud," Later on Sa`d said, "O Allah's Apostle! I cannot achieve or do what he (i.e. Anas bin An-Nadr) did. We found more than eighty wounds by swords and arrows on his body. We found him dead and his body was mutilated so badly that none except his sister could recognize him by his fingers." We used to think that the following Verse was revealed concerning him and other men of his sort: "Among the believers are men who have been true to their covenant with Allah.........." (33.23) His sister Ar-Rubbaya' broke a front tooth of a woman and Allah's Apostle ordered for retaliation. On that Anas (bin An-Nadr) said, "O Allah's Apostle! By Him Who has sent you with the Truth, my sister's tooth shall not be broken." Then the opponents of Anas's sister accepted the compensation and gave up the claim of retaliation. So Allah's Apostle said, "There are some people amongst Allah's slaves whose oaths are fulfilled by Allah when they take them."

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr and Abu Bakr ibn Abd ar Rahman used to pray nawafil when travelling.

Yahya said that Malik was asked about voluntary prayers when travelling and he said, "There is no harm in them, either at night or during the day. I have heard that some of the people of knowledge used to do that."

Yahya related to me from Malik from Zayd ibn Aslam from Abd ar- Rahman ibn Abi Said al-Khudri from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not let anyone pass in front of you when you are praying. Repel him as much as you can, and, if he refuses, fight him, for he is only a shaytan."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "I perfumed the Messenger of Allah, may Allah bless him and grant him peace, for his ihram before he entered ihram, and when he came out of ihram before he did tawaf of the House."

Yahya related to me from Malik, from Rabia ibn Abi Abd ar-Rahman, from Sulayman ibn Yasar, that the Messenger of Allah, may Allah bless him and grant him peace, sent Abu Rafi and a man of the Ansar to arrange his marriage to Maymuna bint al-Harith, and the Messenger of Allah, may Allah bless him and grant him peace, was in Madina before he had left for umra.

Yahya related to me from Malik from Nafi that Abd ar-Rahman ibn Abi Hurayra asked Abdullah ibn Umar about eating what was cast up by the sea and he forbade him to eat it. Then Abdullah turned and asked for a Qur'an, and read, "The game of the sea and its flesh are halal for you." Nafi added, "Abdullah ibn Umar sent me to Abdar-Rahman Ibn Abi Hurayra to say that there was no harm in eating it."

Malik related to me that he had heard that Abd ar-Rahman ibn Awf rented land, and he continued to have it in his possession until he died. His son said, "I thought that it was ours because of the length of time which it had remained in his hands, until he mentioned it to us at his death. He ordered us to pay some rent which he owed in gold or silver."

Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe, and she had a miscarriage. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that a slave or slave-girl of fair complexion and excellence should be given to her.

Malik related to me from Rabia ibn Abd ar-Rahman that az-Zubayr ibn al-Awwam bought a slave and set him free. The slave had children by a free woman. When az-Zubayr freed him, he said, "They are my mawali." The man argued, "They are the mawali of their mother. Rather, they are our mawali." They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their wala'.

Ar-Rabi' ibn Saburah said on the authority of his father (Saburah): We went out along with the Messenger of Allah (saws) till we reached Usfan, Suraqah ibn Malik al-Mudlaji said to him: Messenger of Allah, explain to us like the people as if they were born today. He said: Allah, the Exalted, has included this umrah in your hajj. When you come (to Mecca), and he who goes round the House (the Ka'bah), and runs between as-Safa and al-Marwah, is allowed to take off ihram except he who has brought the sacrificial animals with him.

Yahya related to me from Malik from Abd Rabbih ibn Said from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from A'isha and Umm Salama, the wives of the Prophet, may Allah bless him and grant him peace, that the Prophet, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, in Ramadan, and then he would fast."

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "Property was sent to Abu Bakr as-Siddiq from Bahrayn. He said, 'If someone had a promise or a pledge with the Messenger of Allah, may Allah bless him and grant him peace, let him come to me.' So Jabir ibn Abdullah came to him, and he gave him three times as much of it as would fill both hands.''

Malik related to me from Rabia ibn Abi Abd ar-Rahman that a man in the time of Aban ibn Uthman's amirate freed all of his slaves and did not have other property than them. Aban ibn Uthman took charge of the slaves and they were divided into three groups. Then he drew lots on the basis that which ever group drew the dead man's arrow would be free. The arrow fell to one of the thirds, and that third was freed.

Malik related to me that Rabia ibn Abi Abd ar-Rahman said, "An Iraqi man came before Umar ibn al-Khattab and said, 'I have come to you because of a matter which has no beginning and no end.' Umar said, 'What is it?' The man said, 'False testimony has appeared in our land.' Umar said, 'Is that so?' He said, 'Yes.' Umar said, 'By Allah! A man is not detained in Islam without just witnesses.' "

"The Messenger of Allah (saws) prohibited that a man should put on sandals while he is standing."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. 'Ubaidullah bin 'Amr Ar-Raqqi reported this Hadith from Ma'mar, from Qatadah, from Anas. Both of the Ahadith are not correct according to the people of Hadith. Al-Harith bin Nabhan is not a Hafiz according to them, and we do not know any basis for the narration of Qatadah from Anas.

"Prices became excessive during the time of the Messenger of Allah (saws), so they said: 'O Messenger of Allah! Set prices for us!' So he said: 'Indeed Allah is Al-Musa'ir, Al-Qabid, Al-Basir, Ar-Razzaq. And I am hopeful that I meet my Lord and none of you are seeking (recompense from) me for an injustice involving blood or wealth.'"

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