Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibn Yasar that a slave was set free by one of the people on hajj and his master had abandoned the right to inherit from him. The ex-slave then killed a man from the Banu A'idh tribe. An A'idhi, the father of the slain man came to Umar ibn al-Khattab seeking the blood-money of his son. Umar said, "He has no blood-money." The A'idhi said, "What would you think if it had been my son who killed him?" Umar said, "Then you would pay his blood-money." He said, "He is then like the black and white Arqam snake. If it is left, it devours and if it is killed, it takes revenge."

Ma'iz came to the Prophet (saws) and admitted (having committed adultery) four times in his presence so he ordered him to be stoned to death, but said to Huzzal: If you had covered him with your garment, it would have been better for you.

The Prophet appointed `Abdullah bin Jubair as the commander of the infantry men (archers) who were fifty on the day (of the battle) of Uhud. He instructed them, "Stick to your place, and don't leave it even if you see birds snatching us, till I send for you; and if you see that we have defeated the infidels and made them flee, even then you should not leave your place till I send for you." Then the infidels were defeated. By Allah, I saw the women fleeing lifting up their clothes revealing their leg-bangles and their legs. So, the companions of `Abdullah bin Jubair said, "The booty! O people, the booty ! Your companions have become victorious, what are you waiting for now?" `Abdullah bin Jubair said, "Have you forgotten what Allah's Apostle said to you?" They replied, "By Allah! We will go to the people (i.e. the enemy) and collect our share from the war booty." But when they went to them, they were forced to turn back defeated. At that time Allah's Apostle in their rear was calling them back. Only twelve men remained with the Prophet and the infidels martyred seventy men from us. On the day (of the battle) of Badr, the Prophet and his companions had caused the 'Pagans to lose 140 men, seventy of whom were captured and seventy were killed. Then Abu Sufyan asked thrice, "Is Muhammad present amongst these people?" The Prophet ordered his companions not to answer him. Then he asked thrice, "Is the son of Abu Quhafa present amongst these people?" He asked again thrice, "Is the son of Al-Khattab present amongst these people?" He then returned to his companions and said, "As for these (men), they have been killed." `Umar could not control himself and said (to Abu Sufyan), "You told a lie, by Allah! O enemy of Allah! All those you have mentioned are alive, and the thing which will make you unhappy is still there." Abu Sufyan said, "Our victory today is a counterbalance to yours in the battle of Badr, and in war (the victory) is always undecided and is shared in turns by the belligerents, and you will find some of your (killed) men mutilated, but I did not urge my men to do so, yet I do not feel sorry for their deed" After that he started reciting cheerfully, "O Hubal, be high! (1) On that the Prophet said (to his companions), "Why don't you answer him back?" They said, "O Allah's Apostle What shall we say?" He said, "Say, Allah is Higher and more Sublime." (Then) Abu Sufyan said, "We have the (idol) Al `Uzza, and you have no `Uzza." The Prophet said (to his companions), "Why don't you answer him back?" They asked, "O Allah's Apostle! What shall we say?" He said, "Says Allah is our Helper and you have no helper."

A delegation of the tribe of `Abdul Qais came to the Prophet and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and the infidels of the tribe of Mudar stands between us and you; so we cannot come to you except during the Sacred Months. Please order us to do something (religious deeds) which we may carry out and also invite to it our people whom we have left behind." The Prophet said, "I order you to do four things and forbid you four others: (I order you) to have faith in Allah, and confess that none has the right to be worshipped but Allah, (and the Prophet gestured with his hand like this (i.e. one knot) and to offer prayers perfectly and to pay the Zakat, and to pay onefifth of the booty in Allah's Cause. And I forbid you to use Dubba', Hantam, Naqir and Muzaffat (all these are the names of utensils used for preparing alcoholic drinks)."

It has been narrated on the authority of Ibn Umar that the Jews of Banu Nadir and Banu Quraiza fought against the Messenger of Allah (may peace be upon him) who expelled Banu Nadir, and allowed Quraiza to stay on, and granted favour to them until they too fought against him Then he killed their men, and distributed their women, children and properties among the Muslims, except that some of them had joined the Messenger of Allah (may peace be upon him) who granted them security. They embraced Islam. The Messenger of Allah (may peace be upon him) turned out all the Jews of Medina. Banu Qainuqa' (the tribe of 'Abdullah b. Salim) and the Jews of Banu Haritha and every other Jew who was in Medina.

A woman had a prolonged flow of blood in the time of the Messenger of Allah (saws). She was commanded to advance the afternoon prayer and delay the noon prayer, and to take a bath for them only once; and to delay the sunset prayer and advance the night prayer and to take a bath only once for them; and to take a bath separately for the dawn prayer.

I (Shu'bah) asked AbdurRahman: (Is it) from the Prophet (saws)? I do not report to you anything except from the Prophet (saws).

[Muslim].

Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free.

Malik said, "The generally agreed- on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches puberty, until he manages his property."

`Umar bin Al-Khattab appointed a freed slave of his, called Hunai, manager of the Hima (i.e. a pasture devoted for grazing the animals of the Zakat or other specified animals). He said to him, "O Hunai! Don't oppress the Muslims and ward off their curse (invocations against you) for the invocation of the oppressed is responded to (by Allah); and allow the shepherd having a few camels and those having a few sheep (to graze their animals), and take care not to allow the livestock of `Abdur-Rahman bin `Auf and the livestock of (`Uthman) bin `Affan, for if their livestock should perish, then they have their farms and gardens, while those who own a few camels and those who own a few sheep, if their livestock should perish, would bring their dependents to me and appeal for help saying, 'O chief of the believers! O chief of the believers!' Would I then neglect them? (No, of course). So, I find it easier to let them have water and grass rather than to give them gold and silver (from the Muslims' treasury). By Allah, these people think that I have been unjust to them. This is their land, and during the prelslamic period, they fought for it and they embraced Islam (willingly) while it was in their possession. By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be ridden for striving in Allah's Cause, I would not have turned even a span of their land into a Hima."

Abu Dawud said: It has been narrated by Ibn 'Umar and Anas b. Malik that she should take bath at the time of the Zuhr prayer (being valid) until the next Zuhr prayer. This tradition has also been transmuted by Dawud and 'Asim from al-Sha'bi from his wife from Qumair on the authority of 'Aishah, except that the version of Dawud has the words: "every day," and the version of 'Asim has the words: "at the time of Zuhr prayer". This is the view of Salim b. 'Abd Allah, al-Hassan, and 'Ata.

Abu Dawud said: Malik said: I think that the tradition narrated by Ibn a;-Musayyab must contain the words: "from one purification to another". But it was misunderstood and the people changed it to: "for one Zuhr prayer to another".

It has also been reported by Miswar b. 'Abd al-Malik b. Sa'id b. 'Abd al-Rahman b. Yarbu', saying: "from one purification to another," but the people changed it to: "from one zuhr to another."

The people looked for the moon, so I informed the Messenger of Allah (saws) that I had sighted it. He fasted and commanded the people to fast.

Sahl bin Abi Hathma and some great men of his tribe said, `Abdullah bin 'Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that `Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By Allah, you have killed my companion." The Jews said, "By Allah, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and `Abdur-Rahman bin Sahl came (to the Prophet) and he who had been at Khaibar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. Allah's Apostle said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that Allah's Apostle wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah's Apostle said to Huwaiyisa, Muhaiyisa and `Abdur-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So Allah's Apostle gave them one-hundred she-camels as blood money from himself. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg.

Ibn `Umar said, "I went to Hafsa while water was dribbling from her twined braids. I said, 'The condition of the people is as you see, and no authority has been given to me.' Hafsa said, (to me), 'Go to them, and as they (i.e. the people) are waiting for you, and I am afraid your absence from them will produce division amongst them.' " So Hafsa did not leave Ibn `Umar till we went to them. When the people differed. Muawiya addressed the people saying, "'If anybody wants to say anything in this matter of the Caliphate, he should show up and not conceal himself, for we are more rightful to be a Caliph than he and his father." On that, Habib bin Masalama said (to Ibn `Umar), "Why don't you reply to him (i.e. Muawiya)?" `Abdullah bin `Umar said, "I untied my garment that was going round my back and legs while I was sitting and was about to say, 'He who fought against you and against your father for the sake of Islam, is more rightful to be a Caliph,' but I was afraid that my statement might produce differences amongst the people and cause bloodshed, and my statement might be interpreted not as I intended. (So I kept quiet) remembering what Allah has prepared in the Gardens of Paradise (for those who are patient and prefer the Hereafter to this worldly life)." Habib said, "You did what kept you safe and secure (i.e. you were wise in doing so).

On the day of the Battle of Uhud, my father was brought and he had been mutilated (in battle) and was placed in front of Allah's Apostle and a sheet was over him. I went intending to uncover my father but my people forbade me; again I wanted to uncover him but my people forbade me. Allah's Apostle gave his order and he was shifted away. At that time he heard the voice of a crying woman and asked, "Who is this?" They said, "It is the daughter or the sister of `Amr." He said, "Why does she weep? (or let her stop weeping), for the angels had been shading him with their wings till he (i.e. the body of the martyr) was shifted away."

I saw my father buying a slave whose profession was cupping, and ordered that his instruments (of cupping) be broken. I asked him the reason for doing so. He replied, "Allah's Apostle prohibited taking money for blood, the price of a dog, and the earnings of a slave-girl by prostitution; he cursed her who tattoos and her who gets tattooed, the eater of Riba (usury), and the maker of pictures."

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

I heard Abu Juhaifa saying, "I asked `Ali 'Have you got any Divine literature apart from the Qur'an?' (Once he said...apart from what the people have?) `Ali replied, '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 we have what is written in this paper.' I asked, 'What is written in this paper?' He replied, 'Al-`Aql (the regulation of Diya), about the ransom of captives, and the Judgment that a Muslim should not be killed in Qisas (equality in punishment) for killing a disbeliever." (See Hadith No. 283,Vol. 4)

I took my brother to the Prophet after the Conquest (of Mecca) and said, "O Allah's Apostle! I have come to you with my brother so that you may take a pledge of allegiance from him for migration." The Prophet said, The people of migration (i.e. those who migrated to Medina before the Conquest) enjoyed the privileges of migration (i.e. there is no need for migration anymore)." I said to the Prophet, "For what will you take his pledge of allegiance?" The Prophet said, "I will take his pledge of allegiance for Islam, Belief, and for Jihad (i.e. fighting in Allah's Cause).

Malik related to me from Hisham ibn Urwa from his father from Abdullah ibn az-Zubayr that Sufyan ibn Abi Zuhayr said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Yemen will be conquered and the people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Ash-Sham will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Iraq will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known.' "

Yahya related to me from Malik from Da'ud ibn al-Husayn that Waqid ibn Amr ibn Sad ibn Muadh informed him from Mahmud ibn Labid al- Ansari that when Umar ibn al-Khattab went to ash-Sham, the people of ash-Sham complained to him about the bad air of their land and its heaviness. They said, "Only this drink helps." Umar said, "Drink this honey preparation." They said, "Honey does not help us." A man from the people of that land said, "Can we give you something of this drink which does not intoxicate?" He said, "Yes." They cooked it until two- thirds of it evaporated and one-third of it remained. Then they brought it to Umar. Umar put his finger in it and then lifted his head and extended it. He said, "This is fruit juice concentrated by boiling. This is like the distillation with which you smear the camel's scabs." Umar ordered them to drink it. Ubada ibn as-Samit said to him, "You have made it halal, by Allah!" Umar said, "No, by Allah! O Allah! I will not make anything halal for them which You have made haram for them! I will not make anything haram for them which You have made halal for them."

Allah's Apostle sent us who were three-hundred riders under the command of Abu Ubaida bin Al- Jarrah in order to watch the caravan of the Quraish pagans. We stayed at the seashore for half a month and were struck with such severe hunger that we ate even the Khabt (i.e. the leaves of the Salam, a thorny desert tree), and because of that, the army was known as Jaish-ul-Khabt. Then the sea threw out, an animal (i.e. a fish) called Al-`Anbar and we ate of that for half a month, and rubbed its fat on our bodies till our bodies returned to their original state (i.e. became strong and healthy). Abu Ubaida took one of its ribs, fixed it on the ground; then he went to the tallest man of his companions (to let him pass under the rib). Once Sufyan said, "He took a rib from its parts and fixed it, and then took a man and camel and they passed from underneath it (without touching it). " Jabir added: There was a man amongst the people who slaughtered three camels and then slaughtered another three camels and then slaughtered other three camels, and then Abu 'Ubaida forbade him to do so. Narrated Abu Salih: Qais bin Sa`d said to his father. "I was present in the army and the people were struck with severe hunger." He said, "You should have slaughtered (camels) (for them)." Qais said, "I did slaughter camels but they were hungry again. He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again but the people felt hungry again." He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again, but the people again felt hungry." He said, "You should have slaughtered (camels) again." Qais said, "But I was forbidden (by Abu 'Ubaida this time).

When Allah favored His Apostle with the properties of Hawazin tribe as Fai (booty), he started giving to some Quarries men even up to one-hundred camels each, whereupon some Ansari men said about Allah's Apostle, "May Allah forgive His Apostle! He is giving to (men of) Quraish and leaves us, in spite of the fact that our swords are still dropping blood (of the infidels)" When Allah's Apostle was informed of what they had said, he called the Ansar and gathered them in a leather tent and did not call anybody else along, with them. When they gathered, Allah's Apostle came to them and said, "What is the statement which, I have been informed, and that which you have said?" The learned ones among them replied," O Allah's Apostle! The wise ones amongst us did not say anything, but the youngsters amongst us said, 'May Allah forgive His Apostle; he gives the Quarish and leaves the Ansar, in spite of the fact that our swords are still dribbling (wet) with the blood of the infidels.' " Allah's Apostle replied, I give to such people as are still close to the period of Infidelity (i.e. they have recently embraced Islam and Faith is still weak in their hearts). Won't you be pleased to see people go with fortune, while you return with Allah's Apostle to your houses? By Allah, what you will return with, is better than what they are returning with." The Ansar replied, "Yes, O Allah's Apostle, we are satisfied' Then the Prophet said to them." You will find after me, others being preferred to you. Then be patient till you meet Allah and meet His Apostle at Al-Kauthar (i.e. a fount in Paradise)." (Anas added:) But we did not remain patient.

Hamnah said my menstruation was great in quantity and severe. So I came to the Messenger of Allah (saws) for a decision and told him. I found him in the house of my sister, Zaynab, daughter of Jahsh.

I said: Messenger of Allah, I am a woman who menstruates in great quantity and it is severe, so what do you think about it? It has prevented me from praying and fasting.

He said: I suggest that you should use cotton, for it absorbs the blood. She replied: It is too copious for that. He said: Then take a cloth. She replied: It is too copious for that, for my blood keeps flowing. The Messenger of Allah (saws) said: I shall give you two commands; whichever of them you follow, that will be sufficient for you without the other, but you know best whether you are strong enough to follow both of them.

He added: This is a stroke of the Devil, so observe your menses for six or seven days, Allah alone knows which it should be; then wash. And when you see that you are purified and quite clean, pray during twenty-three or twenty-four days and nights and fast, for that will be enough for you, and do so every month, just as women menstruate and are purified at the time of their menstruation and their purification.

But if you are strong enough to delay the noon (Zuhr) prayer and advance the afternoon ('Asr) prayer, to wash, and then combine the noon and the afternoon prayer; to delay the sunset prayer and advance the night prayer, to wash, and then combine the two prayers, do so: and to wash at dawn, do so: and fast if you are able to do so if possible.

The Messenger of Allah (saws) said: Of the two commands this is more to my liking.¹

Abu Dawud said: 'Amr b. Thabit narrated from Ibn 'Aqil: Hamnah said: Of the two commands this is the one which is more to my liking.² In this version these words were not quoted as the statement of the Prophet (saws); it gives it as a statement of Hamnah.

Abu Dawud said: 'Amr b. Thabit was a Rafidi. This has been said by Yahya b. Ma'in.

Abu Dawud said: I heard Ahmad (b. Hanbal) say: I am doubtful about the tradition transmitted by Ibn 'Aqil.

Salim said: Abdullah informed me on the authority of Zaid b. Thabit, Allah's Messenger (may peace be upon him) having given concession afterwards in case of ariyya transactions by which dry dates can be exchanged with fresh dates, but he did not permit it in other cases.

When Sahl bin Hunaif returned from (the battle of) Siffin, we went to ask him (as to why he had come back). He replied, "(You should not consider me a coward) but blame your opinions. I saw myself on the day of Abu Jandal (inclined to fight), and if I had the power of refusing the order of Allah's Apostle then, I would have refused it (and fought the infidels bravely). Allah and His Apostle know (what is convenient) better. Whenever we put our swords on our shoulders for any matter that terrified us, our swords led us to an easy agreeable solution before the present situation (of disagreement and dispute between the Muslims). When we mend the breach in one side, it opened in another, and we do not know what to do about it."

The Prophet (saws) said: I have been commanded to celebrate festival ('Id) on the day of sacrifice, which Allah, Most High, has appointed for this community. A man said: If I do not find except a she-goat or a she-camel borrowed for milk or other benefits, should I sacrifice it? He said: No, but you should clip your hair , and nails, trim your moustaches, and shave your pubes. This is all your sacrifice in the eyes of Allah, Most High.

AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (saws) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it.

He said: Ask the Messenger of Allah (saws) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me.

So they mentioned it to the Messenger of Allah (saws) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (saws) commanded them to take one hundred twigs and strike him once.

When the Hawazin delegation came to Allah's Apostle after they had embraced Islam and requested him to return their properties and war prisoners to them, Allah's Apostle said, "To me the best talk is the truest, so you may choose either of two things; the war prisoners or the wealth, for I have delayed their distribution." Allah's Apostle had waited for them for over ten days when he returned from Ta'if. So, when those people came to know that Allah's Apostle was not going to return to them except one of the two things the said, "We choose our war Prisoners 'Allah's Apostle stood up amongst the Muslims, and after glorifying Allah as He deserved, he said, "Now then, these brothers of yours have come to us with repentance, and I see it logical that I should return their captives to them, so whoever of you likes to do that as a favor then he can do it, and whoever amongst you likes to stick to his share, let him give up his prisoners and we will compensate him from the very first Fai' (i.e. war booty received without fight) which Allah will give us." On that, all the people said. 'O Allah's Apostles We have agreed willingly to do so (return the captives)" Then Allah's Apostle said to them "I do not know who amongst you has agreed to this and who has not. You should return and let your leaders inform me of your agreement." The people returned and their leaders spoke to them, and then came to Allah's Apostle and said, "All the people have agreed willingly to do so and have given the permission to return the war prisoners (without Compensation)" (Az-Zuhri, the sub-narrator states) This is what has been related to us about the captives of Hawazin.