Allah's Apostle said, "If somebody is ordered (by the ruler or the judge) to take an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he will meet Him." And Allah revealed in its confirmation: 'Verily! Those who purchase a small gain at the cost of Allah's covenants and their own oaths.' (3.77) (The sub-narrator added:) Al-Ash'ath bin Qais entered, saying, "What did Abu `Abdur-Rahman narrate to you?" They said, "So-and-so," Al-Ash'ath said, "This verse was revealed in my connection. I had a well on the land of my cousin (and we had a dispute about it). I reported him to Allah 's Apostle who said (to me). "You should give evidence (i.e. witness) otherwise the oath of your opponent will render your claim invalid." I said, "Then he (my opponent) will take the oath, O Allah's Apostle." Allah's Apostle said, "Whoever is ordered (by the ruler or the judge) to give an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he meets Him on the Day of Resurrection."

Yahya related to me from Malik that he had heard some of the people of knowledge say, "If someone goes into ihram to do umra and then wants to go into ihram to do hajj as well, he can do so, as long as he has not done tawaf of the House and s'ay between Safa and Marwa. This is what Abdullah ibn 'Umar did when he said, 'If I am blocked from the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace.' He then turned to his companions and said, 'It is the same either way. I call you to witness that I have decided in favour of hajj and umra together. ' "

Malik said, "The companions of the Messenger of Allah, may Allah bless him and grant him peace, went into ihram to do umra in the year of the farewell hajj, and the Messenger of Allah, may Allah bless him and grant him peace, said to them, 'Anyone that has a sacrificial animal with him should go into ihram to do hajj and umra together, and he should not come out of ihram until he has finished both.' "

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

On the day of the battle of Uhud, the people ran away, leaving the Prophet , but Abu- Talha was shielding the Prophet with his shield in front of him. Abu Talha was a strong, experienced archer who used to keep his arrow bow strong and well stretched. On that day he broke two or three arrow bows. If any man passed by carrying a quiver full of arrows, the Prophet would say to him, "Empty it in front of Abu Talha." When the Prophet stated looking at the enemy by raising his head, Abu Talha said, "O Allah's Prophet! Let my parents be sacrificed for your sake! Please don't raise your head and make it visible, lest an arrow of the enemy should hit you. Let my neck and chest be wounded instead of yours." (On that day) I saw `Aisha, the daughter of Abu Bakr and Um Sulaim both lifting their dresses up so that I was able to see the ornaments of their legs, and they were carrying the water skins of their arms to pour the water into the mouths of the thirsty people and then go back and fill them and come to pour the water into the mouths of the people again. (On that day) Abu Talha's sword fell from his hand twice or thrice.

`Abdullah bin Masud said, "Allah's Apostle said, 'Whoever takes an oath when asked to do so, in which he may deprive a Muslim of his property unlawfully, will meet Allah Who will be angry with him.' So Allah revealed in confirmation of this statement:--"Verily! Those who Purchase a small gain at the cost of Allah's Covenant and oaths, they shall have no portion in the Hereafter..." (3.77) Then entered Al-Ash'ath bin Qais and said, "What is Abu `Abdur-Rahman narrating to you?" We replied, 'So-and-so." Al-Ash'ath said, "This Verse was revealed in my connection. I had a well in the land of my cousin (and he denied my, possessing it). On that the Prophet said to me, 'Either you bring forward a proof or he (i.e. your cousin) takes an oath (to confirm his claim)' I said, 'I am sure he would take a (false) oath, O Allah's Apostle.' He said, 'If somebody takes an oath when asked to do so through which he may deprive a Muslim of his property (unlawfully) and he is a liar in his oath, he will meet Allah Who will be angry with him.' "

She said: AbuHurayrah, speaking to him in Persian, my husband wishes to take my son away.

AbuHurayrah said: Cast lots for him, saying it to her in a foreign language.

Then her husband came and asked: Who is disputing with me about my son?

AbuHurayrah said: O Allah, I do not say this, except that I heard a woman who came to the Messenger of Allah (saws) while I was sitting with him, and she said: My husband wishes to take away my son, Messenger of Allah, and he draws water for me from the well of AbuInabah, and he has been good to me.

The Messenger of Allah (saws) said: Cast lots for him. Her husband said: Who is disputing with me about my son? The Prophet (saws) said: This is your father and this your mother, so take whichever of them you wish by the hand. So he took his mother's hand and she went away with him.

There was a disagreement between them (i.e. Ibn `Abbas and Ibn Az-Zubair) so I went to Ibn `Abbas in the morning and said (to him), "Do you want to fight against Ibn Zubair and thus make lawful what Allah has made unlawful (i.e. fighting in Meccas?" Ibn `Abbas said, "Allah forbid! Allah ordained that Ibn Zubair and Bani Umaiya would permit (fighting in Mecca), but by Allah, I will never regard it as permissible." Ibn `Abbas added. "The people asked me to take the oath of allegiance to Ibn AzZubair. I said, 'He is really entitled to assume authority for his father, Az-Zubair was the helper of the Prophet, his (maternal) grandfather, Abu Bakr was (the Prophet's) companion in the cave, his mother, Asma' was 'Dhatun-Nitaq', his aunt, `Aisha was the mother of the Believers, his paternal aunt, Khadija was the wife of the Prophet , and the paternal aunt of the Prophet was his grandmother. He himself is pious and chaste in Islam, well versed in the Knowledge of the Qur'an. By Allah! (Really, I left my relatives, Bani Umaiya for his sake though) they are my close relatives, and if they should be my rulers, they are equally apt to be so and are descended from a noble family.

While we were on one of our journeys, we dismounted at a place where a slave girl came and said, "The chief of this tribe has been stung by a scorpion and our men are not present; is there anybody among you who can treat him (by reciting something)?" Then one of our men went along with her though we did not think that he knew any such treatment. But he treated the chief by reciting something, and the sick man recovered whereupon he gave him thirty sheep and gave us milk to drink (as a reward). When he returned, we asked our friend, "Did you know how to treat with the recitation of something?" He said, "No, but I treated him only with the recitation of the Mother of the Book (i.e., Al-Fatiha)." We said, "Do not say anything (about it) till we reach or ask the Prophet so when we reached Medina, we mentioned that to the Prophet (in order to know whether the sheep which we had taken were lawful to take or not). The Prophet said, "How did he come to know that it (Al-Fatiha) could be used for treatment? Distribute your reward and assign for me one share thereof as well."

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from his father that he had asked Abu Hurayra, "How do you pray over the dead?" and Abu Hurayra replied, "By the Life of Allah, I will tell you! I follow with the family and when the corpse is put down I say 'Allah is greater' and praise Allah and ask for blessings on His Prophet. Then I say, 'O Allah, he is Your slave and the son of Your male slave and Your female slave. He used to testify that there is no god but You and that Muhammad is Your slave and Your Messenger, and You know that best. O Allah, if he acted well, then increase for him his good action, and if he acted wrongly, then overlook his wrong actions. O Allah, do not deprive us of his reward, and do not try us after him.'"

Allahumma inna huwa abduka wa'bnu abdika wa'bnu amatika. Kana yash-hadu an la ilaha illa ant wa anna Muhammadan abduka wa rasooluka, wa anta alamu bihi. Allahumma in kana muhsinan zid fi ihsanihi, wa in kana musiyan fa tajawaz an sayatihi. Allahumma la tahrimna ajrahu wa lataftina badahu.

The father or Uncle of Mujibah al-Bahiliyyah visited the Messenger of Allah (saws). He then went away and came to him (again) after one year when his condition and appearance had changed.

He said: Messenger of Allah, do you not recognize me? He asked: Who are you? He replied: I am al-Bahili who came to you last year. He said: What has changed you? You were looking well, then you were good in appearance? He said: I have only food at night since I departed from you.

Thereupon the Messenger of Allah (saws) said: Why did you torment yourself? Fast during Ramadan (the month of patience) and fast for one day every month. He said: Increase it for me, for I have (more) strength. He said: Fast two days. He again said: Increase it for me. He said: Fast three days. He again said: Increase it for me. He said: Fast during the inviolable months and then stop; fast during the inviolable months and then stop; fast during the inviolable months and then stop. He indicated by his three fingers, and joined them and then opened them.

Abu Dawud said: Al-Thawri narrated it as Malik narrated.

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. '

When Ibn Ziyad and Marwan were in Sham and Ibn Az-Zubair took over the authority in Mecca and Qurra' (the Kharijites) revolted in Basra, I went out with my father to Abu Barza Al-Aslami till we entered upon him in his house while he was sitting in the shade of a room built of cane. So we sat with him and my father started talking to him saying, "O Abu Barza! Don't you see in what dilemma the people has fallen?" The first thing heard him saying "I seek reward from Allah for myself because of being angry and scornful at the Quraish tribe. O you Arabs! You know very well that you were in misery and were few in number and misguided, and that Allah has brought you out of all that with Islam and with Muhammad till He brought you to this state (of prosperity and happiness) which you see now; and it is this worldly wealth and pleasures which has caused mischief to appear among you. The one who is in Sham (i.e., Marwan), by Allah, is not fighting except for the sake of worldly gain: and those who are among you, by Allah, are not fighting except for the sake of worldly gain; and that one who is in Mecca (i.e., Ibn Az-Zubair) by Allah, is not fighting except for the sake of worldly gain."

Abdullah (bin Mas'ud) said, "Whoever took a false oath in order to grab somebody's property will meet Allah while Allah will be angry with him." Allah revealed the following verse to confirm that:--"Verily! Those who purchase a small gain at the cost of Allah's covenant And their oaths...a painful torment." (3.77)

Al-Ash'ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas'ud) was telling you." We related the story to him. On that he said, "He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Apostle. Allah's Apostle said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath." Allah's Apostle then said, 'Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him.' Allah then revealed what Confirmed it." Al-Ash'ath then recited the following Verse:--"Verily! Those who purchase a small gain at the cost of Allah's covenant, And their oaths . . . (to) . . . they shall have a painful torment!' (3.77) (See Hadith No. 546)

Yahya related to me from Malik that Yahya ibn Said al-Ansari said that Muhammad ibn Ibrahim ibn al-Harith at-Taymi told him from Isa ibn Talha ibn Ubaydullah, fromUmayr ibn Salama ad-Damri, from al-Bahzi, that the Messenger of Allah, may Allah bless him and grant him peace, set out once for Makka while in ihram. When they had reached ar-Rawha, they unexpectedly came upon a wounded wild ass. Someone mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and hesaid, "Leave it. The man to whom it belongs is about to come." Then al-Bahzi, who was the man, came to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, do whatever you want with this ass,' and the Messenger of Allah, may Allah bless him and grant him peace, told Abu Bakr to divide it up among the company. Then they went on until they came to the well of al-Uthaba, which was between ar-Ruwaytha and al-Arj (between Makka and Madina), where they unexpectedly came upon a gazelle with an arrow in it, Iying on its side in some shade. He claimed that the Messenger of Allah, may Allah bless him and grant him peace, told someone to stand by it to make sure no one disturbed it until everyone had passed by.

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

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

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

We were sitting with Ibn Masud when Khabbab came and said, "O Abu `Abdur-Rahman! Can these young fellows recite Qur'an as you do?" Ibn Mas`ud said, "If you wish I can order one of them to recite (Qur'an) for you ." Khabbab replied, "Yes. "Ibn Mas`ud said, "Recite, O 'Alqama!" On that, Zaid bin Hudair, the brother of Ziyad bin Hudair said, (to Ibn Mas`ud), "Why have you ordered 'Alqama to recite though he does not recite better than we?" Ibn Mas`ud said, "If you like, I would tell you what the Prophet said about your nation and his (i.e. 'Alqama's) nation." So I recited fifty Verses from Sura-Maryam. `Abdullah (bin Mas`ud) said to Khabbab, "What do you think (about 'Alqama's recitation)?" Khabbab said, "He has recited well." `Abdullah said, "Whatever I recite, 'Alqama recites." Then `Abdullah turned towards Khabbab and saw that he was wearing a gold ring, whereupon he said, "Hasn't the time for its throwing away come yet?" Khabbab said, "You will not see me wearing it after today," and he throw it away.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, "I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?" This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive.

Malik said, "It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known."

Malik spoke about a man who had drapery goods sent to him, and salesmen came to him and he read to them his list of contents and said, "In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such," and he named to them types of drapery goods by their sort, and he said, "Buy them from me according to this description." They bought the bags according to what he described to them, and then they bought them and found them too expensive and regretted it. Malik said, "The sale is binding on them, if the goods agree with the list of contents on which he sold them."

Malik said, "This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it. "

Malik related to me that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say, "Abu Talha had the greatest amount of property in palm-trees among the Ansar in Madina. The dearest of his properties to him was Bayruha which was in front of the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to go into it and drink from the pleasant water which was in it."

Anas continued, "When this ayat was sent down 'You will not obtain rightness of action until you expend of what you love,' (Sura 2 ayat l76), Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah, the Blessed, the Exalted, has said, "You will not obtain until you expend of what you love." The property which I love the best is Bayruha. It is sadaqa for Allah. I hope for its good and for it to be stored up with Allah. Place it wherever you wish, Messengerof Allah. ' "

"The Messenger of Allah, may Allah bless him and grant him peace, said, 'Well done! That is property which profits! That is property which profits. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do it, Messenger of Allah!' Abu Talha therefore divided it among his relatives and the children of his paternal uncle."

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.' "

Hafsa said, 'We used to forbid our young women to go out for the two `Id prayers. A woman came and stayed at the palace of Bani Khalaf and she narrated about her sister whose husband took part in twelve holy battles along with the Prophet and her sister was with her husband in six (out of these twelve). She (the woman's sister) said, "We used to treat the wounded, look after the patients and once I asked the Prophet, 'Is there any harm for any of us to stay at home if she doesn't have a veil?' He said, 'She should cover herself with the veil of her companion and should participate in the good deeds and in the religious gathering of the Muslims.' When Um `Atiya came I asked her whether she had heard it from the Prophet. She replied, "Yes. May my father be sacrificed for him (the Prophet)! (Whenever she mentioned the Prophet she used to say, 'May my father be sacrificed for him) I have heard the Prophet saying, 'The unmarried young virgins and the mature girl who stay often screened or the young unmarried virgins who often stay screened and the menstruating women should come out and participate in the good deeds as well as the religious gathering of the faithful believers but the menstruating women should keep away from the Musalla (praying place).' " Hafsa asked Um `Atiya surprisingly, "Do you say the menstruating women?" She replied, "Doesn't a menstruating woman attend `Arafat (Hajj) and such and such (other deeds)?"

My husband, Aws ibn as-Samit, pronounced the words: You are like my mother. So I came to the Messenger of Allah (saws), complaining to him about my husband.

The Messenger of Allah (saws) disputed with me and said: Remain dutiful to Allah; he is your cousin.

I continued (complaining) until the Qur'anic verse came down: "Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband..." [58:1] till the prescription of expiation.

He then said: He should set free a slave. She said: He cannot afford it. He said: He should fast for two consecutive months. She said: Messenger of Allah, he is an old man; he cannot keep fasts. He said: He should feed sixty poor people. She said: He has nothing which he may give in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was brought to him.

I said: I shall help him with another date-basked ('araq). He said: You have done well. Go and feed sixty poor people on his behalf, and return to your cousin. The narrator said: An araq holds sixty sa's of dates.

Abu Dawud said: She atoned on his behalf without seeking his permission.

Abu Dawud said: This man (Aws b. al-Samit) is the brother of 'Ubadah b. al-Samit.

Khalid ibn Dihqan said: When we were engaged in the battle of Constantinople at Dhuluqiyyah, a man of the people of Palestine, who was one of their nobility and elite and whose rank was known to them, came forward. He was called Hani ibn Kulthum ibn Sharik al-Kinani. He greeted Abdullah ibn Zakariyya who knew his rank.

Khalid said to us: Abdullah ibn AbuZakariyya told us: I heard Umm ad-Darda' say: I heard AbudDarda' say: I heard the Messenger of Allah (saws) say: It is hoped that Allah may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.

Hani ibn Kulthum ar-Rabi' then said: I heard Mahmud ibn ar-Rabi' transmitting a tradition from Ubadah ibn as-Samit who transmitted from the Messenger of Allah (saws) who said: If a man kills a believer unjustly, Allah will not accept any action or duty of his, obligatory or supererogatory.

Khalid then said to us: Ibn AbuZakariyya transmitted a tradition to us from Umm ad-Darda' on the authority of AbudDarda' from the Messenger of Allah (saws) who said: A believer will continue to go on quickly and well so long as he does not shed unlawful blood; when he sheds unlawful blood, he becomes slow and heavy-footed.

A similar tradition has been transmitted by Hani ibn Kulthum from Mahmud ibn ar-Rabi' on the authority of Ubadah ibn as-Samit from the Messenger of Allah (saws).

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a man from the Aslam tribe came to Abu Bakr as-Siddiq and said to him, "I have committed adultery." Abu Bakr said to him, "Have you mentioned this to anyone else?" He said, "No." Abu Bakr said to him, "Then cover it up with the veil of Allah. Allah accepts tawba from his slaves." His self was still unsettled, so he went to Umar ibn al- Khattab. He told him the same as he had said to Abu Bakr, and Umar told him the same as Abu Bakr had said to him. His self was still not settled so he went to the Messenger of Allah, may Allah bless him and grant him peace, and said to him, "I have committed adultery," insistently. The Messenger of Allah, may Allah bless him and grant him peace, turned away from him three times. Each time the Messenger of Allah, may Allah bless him and grant him peace, turned away from him until it became too much. The Messenger of Allah, may Allah bless him and grant him peace, questioned his family, "Does he have an illness which affects his mind, or is he mad?" They said, "Messenger of Allah, by Allah, he is well." The Messenger of Allah, may Allah bless him and grant him peace, said, "Unmarried or married?" They said, "Married, Messenger of Allah." The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was stoned.

Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash`ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O `Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or `Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu`adh bin Jabal after him and when Mu`adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Muisa. Mu`adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Muisa requested Mu`adh to sit down but Mu`adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'"

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Abu't-Tufayl Amir ibn Wathila that Muadh ibn Jabal told him that they went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Tabuk, and the Messenger of Allah, may Allah bless him and grant him peace, joined dhuhr with asr and maghrib with isha. Muadh said, "One day he delayed the prayer, and then came out and prayed dhuhr and asr together. Then he said, 'Tomorrow you will come, insha' llah, to the spring of Tabuk. But you will not get there until well into the morning. No one who arrives should touch any of its water until I come.' We came to it and two men had got to it before us and the spring was dripping with a little water. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'Have you touched any of its water?' They said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, reviled them and said what Allah wished him to say. Then they took water with their hands from the spring little by little until it had been collected in something. Then the Messenger of Allah, may Allah bless him and grant him peace, washed his face and hands in it. Then he put it back into the spring and the spring flowed with an abundance of water and the people drew water from it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you live long enough, Muadh, you will soon see this place filled with gardens.' "

Yahya related to me from Malik from Yahya ibn Said that he had heard that on the day after the day of sacrifice Umar ibn al-Khattab went out a little after the sun had risen and said the takbir, and everyone repeated it after him. Then he went out a second time the same day when the sun was well up and said the takbir, and everyone repeated it after him. Then he went out a third time after mid-day and said the takbir, and everyone repeated it after him until it resounded from group to group until it reached the House and people knew that Umar had left to throw the stones.

Malik said, "What we do here (in Madina) is to say the takbir during the days of tashriq after each prayer. The first time is when the imam and everyone with him says the takbir after the dhuhr prayer on the day of sacrifice, and the last is when the imam and everyone with him says the takbir after subh on the last of the days of tashriq, after which he stops saying the takbir."

Malik said, "The takbirs during the days of tashriq should be done by both men and women, whether they are in a group or by themselves, at Mina or elsewhere, and all of the takbirs should be done. In this everyone follows the imam of the hajj and the people at Mina, because when everyone returns (to Makka) and comes out of ihram they keep the same people as imams while out of ihram (as they did when they were in ihram). Some one who is not doing hajj does not follow them except for the takbirs during the days of tashriq."

Malik said, "The 'limited number of days' are the days of tashriq."

While Allah's Apostle was prostrating (as stated below).

Narrated `Abdullah bin Mas`ud:

Once the Prophet was offering prayers at the Ka`ba. Abu Jahl was sitting with some of his companions. One of them said to the others, "Who amongst you will bring the Abdominal contents (intestines, etc.) of a camel of Bani so and so and put it on the back of Muhammad, when he prostrates?" The most unfortunate of them got up and brought it. He waited till the Prophet prostrated and then placed it on his back between his shoulders. I was watching but could not do any thing. I wish I had some people with me to hold out against them. They started laughing and falling on one another. Allah's Apostle was in prostration and he did not lift his head up till Fatima (Prophet's daughter) came and threw that (camel's Abdominal contents) away from his back. He raised his head and said thrice, "O Allah! Punish Quraish." So it was hard for Abu Jahl and his companions when the Prophet invoked Allah against them as they had a conviction that the prayers and invocations were accepted in this city (Mecca). The Prophet said, "O Allah! Punish Abu Jahl, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, and `Uqba bin Al Mu'it [??] (and he mentioned the seventh whose name I cannot recall). By Allah in Whose Hands my life is, I saw the dead bodies of those persons who were counted by Allah's Apostle in the Qalib (one of the wells) of Badr.

We set out assuming the Ihram for Hajj in the months of Hajj towards the sacred precincts of Hajj. We dismounted at Sarif and the Prophet said to his companions, "Whoever has not got the Hadi with him and likes to make it as `Umra, he should do it, but he who has got the Hadi with him should not do it." The Prophet and some of his wealthy companions had the Hadi with them, so they did not finish Ihram after performing the `Umra. The Prophet came to me while I was weeping. He asked me the reason for it. I replied, "I have heard of what you have said to your companions and I cannot do the `Umra." He asked me, "What is the matter with you?" I replied, "I am not praying." He said, "There is no harm in it as you are one of the daughters of Adam and the same is written for you as for others. So, you should perform Hajj and I hope that Allah will enable you to perform the `Umra as well." So, I carried on till we departed from Mina and halted at Al-Mahassab. The Prophet called `Abdur- Rahman and said, "Go out of the sanctuary with your sister and let her assume Ihram for `Umra, and after both of you have finished the Tawaf I will be waiting for you at this place." We came back at midnight and the Prophet asked us, "Have you finished?" I replied in the affirmative. He announced the departure and the people set out for the journey and some of them had performed the Tawaf of the Ka`ba before the morning prayer, and after that the Prophet set out for Medina.

I was accompanying the Prophet on a journey and was riding a slow camel that was lagging behind the others. The Prophet passed by me and asked, "Who is this?" I replied, "Jabir bin `Abdullah." He asked, "What is the matter, (why are you late)?" I replied, "I am riding a slow camel." He asked, "Do you have a stick?" I replied in the affirmative. He said, "Give it to me." When I gave it to him, he beat the camel and rebuked it. Then that camel surpassed the others thenceforth. The Prophet said, "Sell it to me." I replied, "It is (a gift) for you, O Allah's Apostle." He said, "Sell it to me. I have bought it for four Dinars (gold pieces) and you can keep on riding it till Medina." When we approached Medina, I started going (towards my house). The Prophet said, "Where are you going?" I Sa`d, "I have married a widow." He said, "Why have you not married a virgin to fondle with each other?" I said, "My father died and left daughters, so I decided to marry a widow (an experienced woman) (to look after them)." He said, "Well done." When we reached Medina, Allah's Apostle said, "O Bilal, pay him (the price of the camel) and give him extra money." Bilal gave me four Dinars and one Qirat extra. (A sub-narrator said): Jabir added, "The extra Qirat of Allah's Apostle never parted from me." The Qirat was always in Jabir bin `Abdullah's purse.