Yahya related to me from Malik that he had heard that one of the administrators of Umar ibn Abd al-'Aziz wrote to him mentioning that a man had refused to pay zakat on his property. Umar wrote to the administrator and told him to leave the man alone and not to take any zakat from him when he took it from the other muslims. The man heard about this and the situation became unbearable for him, and after that he paid the zakat on his property. The administrator wrote to Umar and mentioned that to him, and Umar wrote back telling him to take the zakat from him.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

Yahya related to me from Malik that Zayd ibn Aslam used to say, "No-one makes a dua without one of three things happening. Either it is answered, or it is stored up for him, or wrong actions are atoned for by it."

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas and Abdullah ibn Umar were asked about a man who had a free woman as a wife and then wanted to marry a slave-girl. They disapproved that he should combine the two of them.

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."

Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'

Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."

Marwan said to his gatekeeper, "Go to Ibn `Abbas, O Rafi`, and say, 'If everybody who rejoices in what he has done, and likes to be praised for what he has not done, will be punished, then all of us will be punished." Ibn `Abbas said, "What connection have you with this case? It was only that the Prophet called the Jews and asked them about something, and they hid the truth and told him something else, and showed him that they deserved praise for the favor of telling him the answer to his question, and they became happy with what they had concealed. Then Ibn `Abbas recited:-- "(And remember) when Allah took a Covenant from those who were given the Scripture..and those who rejoice in what they have done and love to be praised for what they have not done.' " (3.187-188)

Humaid bin `Abdur-Rahman bin `Auf narrated that Marwan had told him (the above narration).

It was one of the favors of Allah towards me that Allah's Apostle expired in my house on the day of my turn while he was leaning against my chest and Allah made my saliva mix with his saliva at his death. `Abdur-Rahman entered upon me with a Siwak in his hand and I was supporting (the back of) Allah's Apostle (against my chest ). I saw the Prophet looking at it (i.e. Siwak) and I knew that he loved the Siwak, so I said ( to him ), "Shall I take it for you ? " He nodded in agreement. So I took it and it was too stiff for him to use, so I said, "Shall I soften it for you ?" He nodded his approval. So I softened it and he cleaned his teeth with it. In front of him there was a jug or a tin, (The sub-narrator, `Umar is in doubt as to which was right) containing water. He started dipping his hand in the water and rubbing his face with it, he said, "None has the right to be worshipped except Allah. Death has its agonies." He then lifted his hands (towards the sky) and started saying, "With the highest companion," till he expired and his hand dropped down.

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

It was mentioned before `Aisha that Ibn `Umar attributed the following statement to the Prophet "The dead person is punished in the grave because of the crying and lamentation Of his family." On that, `Aisha said, "But Allah's Apostle said, 'The dead person is punished for his crimes and sins while his family cry over him then." She added, "And this is similar to the statement of Allah's Apostle when he stood by the (edge of the) well which contained the corpses of the pagans killed at Badr, 'They hear what I say.' She added, "But he said now they know very well what I used to tell them was the truth." `Aisha then recited: 'You cannot make the dead hear.' (30.52) and 'You cannot make those who are in their Graves, hear you.' (35.22) that is, when they had taken their places in the (Hell) Fire.

Once the people doubted the appearance of the moon of Ramadan, and intended neither to offer the tarawih prayer nor to keep fast. A bedouin came from al-Harrah and testified that he had sighted the moon. He was brought to the Prophet (saws). He asked: Do you testify that there is no god but Allah, and that I am the Messenger of Allah? He said: Yes; and he testified that he had sighted the moon. He commanded Bilal who announced to the people to offer the tarawih prayer and to keep fast.

Hind bint `Utba bin Rabi`a came and said. "O Allah's Apostle! By Allah, there was no family on the surface of the earth, I like to see in degradation more than I did your family, but today there is no family on the surface of the earth whom I like to see honored more than yours." Hind added, "Abu Sufyan is a miser. Is it sinful of me to feed our children from his property?" The Prophet said, "There is no blame on you if you feed them (thereof) in a just and reasonable manner.

(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling, so he went out to them and said, "I am only a human being, and litigants with cases of dispute come to me, and someone of you may happen to be more eloquent (in presenting his case) than the other, whereby I may consider that he is truthful and pass a judgment in his favor. If ever I pass a judgment in favor of somebody whereby he takes a Muslim's right unjustly, then whatever he takes is nothing but a piece of Fire, and it is up to him to take or leave."

Uqbah consulted the Prophet (saws) about his sister who took a vow to perform hajj barefooted and bareheaded. So he said: Command her to cover her head and to ride, and to fast three days.

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."

That Abu Sufyan bin Harb told him that Heraclius had called him along with the members of a Quraish caravan and then said to his interpreter, "Tell them that I want to ask this (Abu Sufyan) a question, and if he tries to tell me a lie, they should contradict him." Then Abu Sufyan mentioned the whole narration and said that Heraclius said to the inter Peter, "Say to him (Abu Sufyan), 'If what you say is true, then he (the Prophet) will take over the place underneath my two feet.' "

The Prophet ordered me to supervise the (slaughtering) of Budn (Hadi camel) and to distribute their meat, skins and covering sheets in charity and not to give anything (of their bodies) to the butcher as wages for slaughtering.

'A'isha (Allah be pleased with her) reported that Aflah, the brother of Abu'l-Qu'ais, who was her uncle by reason of fosterage, came, and asked her permission (to enter the house) after seclusion (Hijab) was instituted. I refused to admit him. When Allah's Messenger (may peace be upon him) came, I informed him what I had done. He commanded me to grant him permission (as the brother of her foster-father was also her uncle).

When the delegates of the tribe of Hawazin came to the Prophet he stood up amongst the people, Glorified and Praised Allah as He deserved, and said, "Then after: Your brethren have come to you with repentance and I see it logical to return to them their captives; so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you like to stick to his share till we give him his right from the very first Fai (war booty) (1) which Allah will bestow on us, then (he can do so)." The people replied, "We do that (to return the captives) willingly as a favor for your sake."

The Prophet (saws) said: After the grave sins which Allah has prohibited the greatest sin is that a man dies while he has debt due from him and does not leave anything to pay it off, and meets Him with it.

On his father's authority, said that his grandfather told that the Messenger of Allah (saws) forbade the type of transactions in which earnest money was paid.

Malik said: This means, as we think--Allah better knows-that a man buys a slave or hires an animal, and he says: I give you a dinar on condition that if I give up the transaction or hire, what I gave you is yours.

The Prophet said, 'The example of a good pious companion and an evil one is that of a person carrying musk and another blowing a pair of bellows. The one who is carrying musk will either give you some perfume as a present, or you will buy some from him, or you will get a good smell from him, but the one who is blowing a pair of bellows will either burn your clothes or you will get a bad smell from him."

I asked Allah's Apostle "What is the biggest sin in the sight of Allah?" He said, "To set up rivals unto Allah though He alone created you." I said, "In fact, that is a tremendous sin," and added, "What next?" He said, "To kill your son being afraid that he may share your food with you." I further asked, "What next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

Another chain reports a similar hadith.

Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, "O fornicator." Zurayq said, "So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al- Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon."

Zurayq said, "I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.' "

Yahya said, "I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr said that a man who had four wives and then divorced one of them irrevocably, could marry straightaway if he wished, and he did not have to wait for the completion of her idda.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

When the Verse:-- "If there are twenty steadfast amongst you, they will overcome two hundred." (8.65) was revealed, then it became obligatory for the Muslims that one (Muslim) should not flee from ten (non-Muslims). Sufyan (the sub-narrator) once said, "Twenty (Muslims) should not flee before two hundred (non Muslims)." Then there was revealed: 'But now Allah has lightened your (task)..' (8.66) So it became obligatory that one-hundred (Muslims) should not flee before two hundred (nonmuslims). (Once Sufyan said extra, "The Verse: 'Urge the believers to the fight. If there are twenty steadfast amongst you (Muslims) ..' was revealed.) Sufyan said, "Ibn Shabrama said, "I see that this order is applicable to the obligation of enjoining good and forbidding evil."

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."

When `Abdullah bin `Umar set out for Mecca with the intentions performing `Umra in the period of afflictions, he said, "If I should be prevented from reaching the Ka`ba, then I would do the same as we did while in the company of Allah's Apostle ." So, he assumed the Ihram for `Umra since the Prophet had assumed the Ihram for `Umra in the year of Al-Hudaibiya. Then `Abdullah bin `Umar thought about it and said, "The conditions for both Hajj and `Umra are similar." He then turned towards his companions and said, "The conditions of both Hajj and `Umra are similar and I make you witnesses that I have made the performance of Hajj obligatory for myself along with `Umra." He then performed one Tawaf (between As-Safa and Al-Marwa) for both of them (i.e. Hajj and (`Umra) and considered that to be sufficient for him and offered a Hadi.

(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling. He came out and said, "I am only a human being, and opponents come to me (to settle their problems); maybe someone amongst you can present his case more eloquently than the other, whereby I may consider him true and give a verdict in his favor. So, If I give the right of a Muslim to another by mistake, then it is really a portion of (Hell) Fire, he has the option to take or give up (before the Day of Resurrection).

When (the dead body of) `Umar was put on his deathbed, the people gathered around him and invoked (Allah) and prayed for him before the body was taken away, and I was amongst them. Suddenly I felt somebody taking hold of my shoulder and found out that he was `Ali bin Abi Talib. `Ali invoked Allah's Mercy for `Umar and said, "O `Umar! You have not left behind you a person whose deeds I like to imitate and meet Allah with more than I like your deeds. By Allah! I always thought that Allah would keep you with your two companions, for very often I used to hear the Prophet saying, 'I, Abu Bakr and `Umar went (somewhere); I, Abu Bakr and `Umar entered (somewhere); and I, Abu Bakr and `Umar went out."'

We went out intending (to visit) the Messenger of Allah (saws) and Wa'il ibn Hujr was with us. His enemy caught him. The people desisted from swearing an oath, but I took an oath that he was my brother. So he left him. We then came to the Messenger of Allah (saws), and I informed him that the people desisted from taking the oath, but I swore that he was my brother. He said: You spoke the truth: A Muslim is a brother of a Muslim.

Yahya related to me from Malik from Yahya ibn Said from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Had I not been concerned for my community, I would have liked never to stay behind a raiding party going out in the way of Allah. However, I do not find the means to carry them to it, nor do they find anything on which to ride out and it is grievous for them that they should stay behind me. I would like to fight in the way of Allah and be killed, then brought to life so I could be killed and then brought to life so I could be killed."

ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man."

Malik said, "He meant that the same conditions were applied in both cases."

Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. "

Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.

Bilal made a call to prayer before the break of dawn; the Prophet (saws), therefore, commanded him to return and make a call: Lo! the servant of Allah (i.e. I) had slept (hence this mistake).

The version of Musa has the addition: He returned and made a call: Lo! the servant of Allah had slept.

Abu Dawud said: This tradition has been narrated by al-Darawardi from 'Ubaid Allah on the authority of Ibn 'Umar saying: There was a mu'adhdhin of 'Umar, named Mas'ud. He then narrated the rest of the tradition. This version is more correct than that one.

The mother of Sa`d bin 'Ubada died in his absence. He said, "O Allah's Apostle! My mother died in my absence; will it be of any benefit for her if I give Sadaqa on her behalf?" The Prophet said, "Yes," Sa`d said, "I make you a witness that I gave my garden called Al Makhraf in charity on her behalf."

Abu Sufyan bin Harb informed me that Heraclius had sent a messenger to him while he had been accompanying a caravan from Quraish. They were merchants doing business in Sham (Syria, Palestine, Lebanon and Jordan), at the time when Allah's Apostle had truce with Abu Sufyan and Quraish infidels. So Abu Sufyan and his companions went to Heraclius at Ilya (Jerusalem). Heraclius called them in the court and he had all the senior Roman dignitaries around him. He called for his translator who, translating Heraclius's question said to them, "Who amongst you is closely related to that man who claims to be a Prophet?" Abu Sufyan replied, "I am the nearest relative to him (amongst the group)."

Heraclius said, "Bring him (Abu Sufyan) close to me and make his companions stand behind him." Abu Sufyan added, Heraclius told his translator to tell my companions that he wanted to put some questions to me regarding that man (The Prophet) and that if I told a lie they (my companions) should contradict me." Abu Sufyan added, "By Allah! Had I not been afraid of my companions labeling me a liar, I would not have spoken the truth about the Prophet. The first question he asked me about him was:

'What is his family status amongst you?'

I replied, 'He belongs to a good (noble) family amongst us.'

Heraclius further asked, 'Has anybody amongst you ever claimed the same (i.e. to be a Prophet) before him?'

I replied, 'No.'

He said, 'Was anybody amongst his ancestors a king?'

I replied, 'No.'

Heraclius asked, 'Do the nobles or the poor follow him?'

I replied, 'It is the poor who follow him.'

He said, 'Are his followers increasing decreasing (day by day)?'

I replied, 'They are increasing.'

He then asked, 'Does anybody amongst those who embrace his religion become displeased and renounce the religion afterwards?'

I replied, 'No.'

Heraclius said, 'Have you ever accused him of telling lies before his claim (to be a Prophet)?'

I replied, 'No. '

Heraclius said, 'Does he break his promises?'

I replied, 'No. We are at truce with him but we do not know what he will do in it.' I could not find opportunity to say anything against him except that.

...

When the Prophet (saws) ordered a man and his wife to invoke curses on each other, he ordered a man to put his hand on his mouth when he came to the fifth utterance, saying that it would be the deciding one.

The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

(daughter of Abu Sufyan) I said, "O Allah's Apostle! Marry my sister. the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I replied, "Yes, for even now I am not your only wife and I like that my sister should share the good with me." The Prophet said, "But that is not lawful for me." I said, We have heard that you want to marry the daughter of Abu Salama." He said, "(You mean) the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my step-daughter, she would be unlawful for me to marry as she is my foster niece. I and Abu Salama were suckled by Thuwaiba. So you should not present to me your daughters or your sisters (in marriage)." Narrated 'Urwa: Thuwaiba was the freed slave girl of Abu Lahb whom he had manumitted, and then she suckled the Prophet. When Abu Lahb died, one of his relatives saw him in a dream in a very bad state and asked him, "What have you encountered?" Abu Lahb said, "I have not found any rest since I left you, except that I have been given water to drink in this (the space between his thumb and other fingers) and that is because of my manumitting Thuwaiba."

`Urwa said, "Aisha told me that Allah's Apostle used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives, Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya married Qariba and Abu Jahm married the other." When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if any of your wives have gone from you to the unbelievers and you have an accession (by the coming over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of what they had spent (on their Mahr)." (60.11) So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet requesting him to return Abu Basir.

While I was a youngster, I asked `Aisha the wife of the Prophet. "What about the meaning of the Statement of Allah; "Verily! (the mountains) As-Safa and Al Marwa, are among the symbols of Allah. So, it is not harmful if those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them? (2.158) I understand (from that) that there is no harm if somebody does not perform the Tawaf between them." `Aisha replied, "No, for if it were as you are saying, then the recitation would have been like this: 'It is not harmful not to perform Tawaf between them.' This verse was revealed in connection with the Ansar who used to assume the Ihram for the idol Manat which was put beside a place called Qudaid and those people thought it not right to perform the Tawaf of As- Safa and Al-Marwa. When Islam came, they asked Allah's Apostle about that, and Allah revealed:-- "Verily! (the mountains) As-Safa and Al-Marwa Are among the symbols of Allah. So, it is not harmful of those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them." (2.158) Sufyan and Abu Muawiya added from Hisham (from `Aisha): "The Hajj or `Umra of the person who does not perform the going (Tawaf) between As-Safa and Al-Marwa is incomplete in Allah's sight.

The Messenger of Allah (saws) forbade to sell grain which one buys by measurement until one receives it in full.