(the Maula of Munba'ith) The Prophet was asked regarding the case of a lost sheep. He said, "You should take it, because it is for you, or for your brother, or for the wolf." Then he was asked about a lost camel. He got angry and his face became red and he said (to the questioner), "You have nothing to do with it; it has its feet and its water container with it; it can go on drinking water and eating trees till its owner meets it." And then the Prophet was asked about a Luqata (money found by somebody). He said, "Remember and recognize its tying material and its container, and make public announcement about it for one year. If somebody comes and identifies it (then give it to him), otherwise add it to your property."

Malik related to me from Rabia ibn Abi Abd ar-Rahman from another of the ulama of that time that Abu Musa al-Ashari came and asked permission from Umar ibn al-Khattab to enter. He asked permission three times, and then went away Umar ibn al-Khattab sent after him and said, "What's wrong with you? Why didn't you come in?" Abu Musa said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Ask permission to enter three times. If you are given permission, then enter. If not, go away.' ''Umar said, "Who can confirm this? If you do not bring me someone to confirm it, I will do such-and-such to you."

Abu Musa went out until he came to an assembly in the mosque which was called the Majlis-al-Ansar. He said, "I told Umar ibn al-Khattab that I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Ask permission three times. If you are given permission, then enter. If not, go away.' Umar said, 'If you do not bring me someone who can confirm it, I will do such- and-such to you'. If any of you have heard that, let him come with me.' " They said to Abu Said al-Khudri, "Go with him". Abu Said was the youngest of them. He went with him and told Umar ibn al-Khattab about that."

Umar ibn al-Khattab said to Abu Musa, "I did not suspect you, but I feared lest people forge sayings of the Messenger of Allah, may Allah bless him and grant him peace."

Make it wide on the side of his feet, and make it wide on the side of his head. When he came back, he was received by a man who conveyed an invitation from a woman. So he came (to her), to it food was brought, and he put his hand (i.e. took a morsel in his hand); the people did the same and they ate. Our fathers noticed that the Messenger of Allah (saws) was moving a morsel around his mouth.

He then said: I find the flesh of a sheep which has been taken without its owner's permission.

The woman sent a message to say: Messenger of Allah, I sent (someone) to an-Naqi' to have a sheep bought for me, but there was none; so I sent (a message) to my neighbour who had bought a sheep, asking him to send it to me for the price (he had paid), but he could not be found. I, therefore, sent (a message) to his wife and she sent it to me.

The Messenger of Allah (saws) said: Give this food to the prisoners.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al Musayyab being asked about making up days missed in Ramadan, and Said said, "What I like best is for days missed in Ramadan to be made up consecutively, and not separately."

Yahya said that he had heard Malik say, about some one who made up the days he had missed in Ramadan separately, that he did not have to repeat them. (What he had done) was enough for him. It was, however, preferable, if he did them consecutively.

Malik said, "Whoever eats or drinks thoughtlessly or forgetfully in Ramadan or during any other obligatory fast that he must do, has to fast another day in its place."

When the people of Khaibar dislocated `Abdullah bin `Umar's hands and feet, `Umar got up delivering a sermon saying, "No doubt, Allah's Apostle made a contract with the Jews concerning their properties, and said to them, 'We allow you (to stand in your land) as long as Allah allows you.' Now `Abdullah bin `Umar went to his land and was attacked at night, and his hands and feet were dislocated, and as we have no enemies there except those Jews, they are our enemies and the only people whom we suspect, I have made up my mind to exile them." When `Umar decided to carry out his decision, a son of Abu Al-Haqiq's came and addressed `Umar, "O chief of the believers, will you exile us although Muhammad allowed us to stay at our places, and made a contract with us about our properties, and accepted the condition of our residence in our land?" `Umar said, "Do you think that I have forgotten the statement of Allah's Apostle, i.e.: What will your condition be when you are expelled from Khaibar and your camel will be carrying you night after night?" The Jew replied, "That was joke from Abul-Qasim." `Umar said, "O the enemy of Allah! You are telling a lie." `Umar then drove them out and paid them the price of their properties in the form of fruits, money, camel saddles and ropes, etc."

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.

Allah's Apostle forbade Al-Wisal in fasting. So, one of the Muslims said to him, "But you practice Al- Wisal. O Allah's Apostle!" The Prophet replied, "Who amongst you is similar to me? I am given food and drink during my sleep by my Lord." So, when the people refused to stop Al-Wisal (fasting continuously), the Prophet fasted day and night continuously along with them for a day and then another day and then they saw the crescent moon (of the month of Shawwal). The Prophet said to them (angrily), "If It (the crescent) had not appeared, I would have made you fast for a longer period." That was as a punishment for them when they refused to stop (practicing Al-Wisal).

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. '

`Aisha intended to buy Barira (a slave-girl) in order to manumit her and her masters intended to put the condition that her Al-wala would be for them. `Aisha mentioned that to the Prophet who said to her, "Buy her, as the "Wala" is for the manumitted." Once some meat was presented to the Prophet and `Aisha said to him, "This (meat) was given in charity to Barira." He said, "It is an object of charity for Barira but a gift for us."

While the Prophet was delivering a sermon on the Day of Nahr (i.e., 10th Dhul-Hijja-Day of slaughtering the sacrifice), a man got up saying, "I thought, O Allah's Apostle, such-and-such a thing was to be done before such-and-such a thing." Another man got up, saying, "O Allah's Apostle! As regards these three (acts of Hajj), thought so-and-so." The Prophet said, "Do, and there is no harm," concerning all those matters on that day. And so, on that day, whatever question he was asked, he said, "Do it, do it, and there is no harm therein."

Malik related to me from Yunus ibn Yusuf from Ata ibn Yasar that Abu Ayyub al-Ansari found some boys who had driven a fox into a corner, and he chased them away from it.

Malik said, "I only know that he said, 'Is this done in the Haram of the Messenger of Allah, may Allah bless him and grant him peace?' "

Allah's Apostle addressed the people, and after praising and glorifying Allah, he said, "What do you suggest me regarding those people who are abusing my wife? I have never known anything bad about her." The sub-narrator, `Urwa, said: When `Aisha was told of the slander, she said, "O Allah's Apostle! Will you allow me to go to my parents' home?" He allowed her and sent a slave along with her. An Ansari man said, "Subhanaka! It is not right for us to speak about this. Subhanaka! This is a great lie!"

Yahya related to me from Malik from Hisham ibn Urwa that his father made all the teeth the same in the blood-money and did not prefer any kind over others.

Malik said, "What is done in our community is that the front teeth, molars, and eye-teeth have the same blood-money. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The tooth has five camels.' The molar is one of the teeth and he did not prefer any kind over the others."

I said to Ibn `Abbas, "Nauf Al-Bikali claims that Moses, the companion of Al-Khadir was not the Moses of the children of Israel" Ibn `Abbas said, "The enemy of Allah (Nauf) told a lie." Narrated Ubai bin Ka`b that he heard Allah's Apostle saying, "Moses got up to deliver a speech before the children of Israel and he was asked, Who is the most learned person among the people?' Moses replied, 'I (am the most learned).' Allah admonished him for he did not ascribe knowledge to Allah alone. So Allah revealed to him: 'At the junction of the two seas there is a slave of Ours who is more learned than you.' Moses asked, 'O my Lord, how can I meet him?' Allah said, 'Take a fish and put it in a basket (and set out), and where you, will lose the fish, you will find him.' So Moses (took a fish and put it in a basket and) set out, along with his boy-servant Yusha` bin Noon, till they reached a rock (on which) they both lay their heads and slept. The fish moved vigorously in the basket and got out of it and fell into the sea and there it took its way through the sea (straight) as in a tunnel). (18.61) Allah stopped the current of water on both sides of the way created by the fish, and so that way was like a tunnel. When Moses got up, his companion forgot to tell him about the fish, and so they carried on their journey during the rest of the day and the whole night. The next morning Moses asked his boy-servant 'Bring us our early meal; no doubt, we have suffered much fatigue in this journey of ours.' (18.62) Moses did not get tired till he had passed the place which Allah had ordered him to seek after. His boy-servant then said to him,' 'Do you remember when we be-took ourselves to the rock I indeed forgot the fish, none but Satan made me forget to remember it. It took its course into the sea in a marvelous way.' (18.63) There was a tunnel for the fish and for Moses and his boy-servant there was astonishment. Moses said, 'That is what we have been seeking'. So they went back retracing their footsteps. (18.64) They both returned, retracing their steps till they reached the rock. Behold ! There they found a man covered with a garment. Moses greeted him. Al-Khadir said astonishingly. 'Is there such a greeting in your land?' Moses said, 'I am Moses.' He said, 'Are you the Moses of the children of Israel?' Moses said, 'I have come to you so that you may teach me of what you have been taught. Al-Khadir said, 'You will not be able to have patience with me. (18.66) O Moses! I have some of Allah's knowledge which He has bestowed upon me but you do not know it; and you too, have some of Allah's knowledge which He has bestowed upon you, but I do not know it." Moses said, "Allah willing, you will find me patient, and I will not disobey you in anything.' (18.6) Al-Khadir said to him. 'If you then follow me, do not ask me about anything until I myself speak to you concerning it.' (18.70), After that both of them proceeded along the sea coast, till a boat passed by and they requested the crew to let them go on board. The crew recognized Al-Khadir and allowed them to get on board free of charge. When they got on board suddenly Moses saw that Al-Khadir had pulled out one of the planks of the boat with an adze. Moses said to him.' These people gave us a free lift, yet you have scuttled their boat so as to drown its people! Truly, you have done a dreadful thing.' (18.71) Al-Khadir said, 'Didn't I say that you can have no patience with me ?' (18.72) Moses said, 'Call me not to account for what I forgot and be not hard upon me for my affair (with you.)" (18.73) Allah's Apostle said, "The first excuse given by Moses, was that he had forgotten. Then a sparrow came and sat over the edge of the boat and dipped its beak once in the sea. Al-Khadir said to Moses, 'My knowledge and your knowledge, compared to Allah's knowledge is like what this sparrow has taken out of the sea.' Then they both got out of the boat, and while they were walking on the sea shore, Al-Khadir saw a boy playing with other boys. Al-Khadir got hold of the head of that boy and pulled it out with his hands and killed him. Moses said, 'Have you killed an innocent soul who has killed nobody! Truly, you have done an illegal thing.' (18.74) He said, "Didn't I tell you that you can have no patience with me?' (18.75) (The sub narrator said, the second blame was stronger than the first one.) Moses said, 'If I ask you about anything after this, keep me not in your company, you have received an excuse from me.' (18.76) Then they both proceeded until they came to the inhabitants of a town. They asked them food but they refused to entertain them. (In that town) they found there a wall on the point of falling down. (18.77) Al-Khadir set it up straight with his own hands. Moses said, 'These are people to whom we came, but they neither fed us nor received us as guests. If you had wished, you could surely have exacted some recompense for it. Al-Khadir said, 'This is the parting between me and you ..that is the interpretation of (those things) over which you were unable to hold patience.' (18.78-82) Allah's Apostle said, "We wished that Moses could have been more patient so that Allah might have described to us more about their story."

Allah's Apostle mentioned Ramadan and said, "Do not fast unless you see the crescent (of Ramadan), and do not give up fasting till you see the crescent (of Shawwal), but if the sky is overcast (if you cannot see it), then act on estimation (i.e. count Sha'ban as 30 days).

I proceeded till I entered upon `Umar (and while I was sitting there), his gate-keeper Yarfa came to him and said, " `Uthman, `Abdur-Rahman, Az-Zubair and Sa`d ask your permission to come in." `Umar allowed them. So they entered, greeted, and sat down. (After a while the gatekeeper came) and said, "Shall I admit `Ali and `Abbas?'' `Umar allowed them to enter. Al-`Abbas said "O Chief of the believers! Judge between me and the oppressor (`Ali)." Then there was a dispute (regarding the property of Bani Nadir) between them (`Abbas and `Ali). `Uthman and his companions said, "O Chief of the Believers! Judge between them and relieve one from the other." `Umar said, "Be patient! beseech you by Allah, with Whose permission the Heaven and the Earth Exist! Do you know that Allah's Apostle said, 'Our property is not to be inherited, and whatever we leave is to be given in charity,' and by this Allah's Apostle meant himself?" On that the group said, "He verily said so." `Umar then faced `Ali and `Abbas and said, "I beseech you both by Allah, do you both know that Allah's Apostle said so?" They both replied, "Yes". `Umar then said, "Now I am talking to you about this matter (in detail) . Allah favored Allah's Apostle with some of this wealth which He did not give to anybody else, as Allah said: 'What Allah bestowed as Fai (Booty on His Apostle for which you made no expedition... ' (59.6) So that property was totally meant for Allah's Apostle, yet he did not collect it and ignore you, nor did he withhold it with your exclusion, but he gave it to you and distributed it among you till this much of it was left behind, and the Prophet, used to spend of this as the yearly expenditures of his family and then take what remained of it and spent it as he did with (other) Allah's wealth. The Prophet did so during all his lifetime, and I beseech you by Allah, do you know that?" They replied, "Yes." `Umar then addressed `Ali and `Abbas, saying, "I beseech you both by Allah, do you know that?" Both of them replied, "Yes." `Umar added, "Then Allah took His Apostle unto Him. Abu Bakr then said 'I am the successor of Allah's Apostle' and took over all the Prophet's property and disposed of it in the same way as Allah's Apostle used to do, and you were present then." Then he turned to `Ali and `Abbas and said, "You both claim that Abu Bakr did so-and-so in managing the property, but Allah knows that Abu Bakr was honest, righteous, intelligent, and a follower of what is right in managing it. Then Allah took Abu Bakr unto Him, 'I said: I am the successor of Allah's Apostle and Abu Bakr.' So I took over the property for two years and managed it in the same way as Allah's Apostle, and Abu Bakr used to do. Then you both (`Ali and `Abbas) came to me and asked for the same thing! (O `Abbas! You came to me to ask me for your share from nephew's property; and this (`Ali) came to me asking for his wives share from her father's property, and I said to you both, 'If you wish, I will place it in your custody on condition that you both will manage it in the same way as Allah's Apostle and Abu Bakr did and as I have been doing since I took charge of managing it; otherwise, do not speak to me anymore about it.' Then you both said, 'Give it to us on that (condition).' So I gave it to you on that condition. Now I beseech you by Allah, did I not give it to them on that condition?" The group (whom he had been addressing) replied, "Yes." `Umar then addressed `Abbas and `Ali saying, "I beseech you both by Allah, didn't I give you all that property on that condition?" They said, "Yes." `Umar then said, "Are you now seeking a verdict from me other than that? By Him with Whose Permission the Heaven and the Earth exists I will not give any verdict other than that till the Hour is established; and if you both are unable to manage this property, then you can hand it back to me, and I will be sufficient for it on your behalf." (See, Hadith No. 326, Vol. 4)

was asked about a man who looks at the House (the Ka'bah) and raises his hands (for prayer). He replied: I did not find anyone doing this except the Jews. We performed hajj along with the Messenger of Allah (saws), but he did not do so.

Allah's Apostle said, "A prostitute was forgiven by Allah, because, passing by a panting dog near a well and seeing that the dog was about to die of thirst, she took off her shoe, and tying it with her head-cover she drew out some water for it. So, Allah forgave her because of that."

The Prophet said, "A faithful believer to a faithful believer is like the bricks of a wall, enforcing each other." While (saying that) the Prophet clasped his hands, by interlacing his fingers.

When the Messenger of Allah (saws) finished a prayer in which he had recited (the Qur'an) loudly, he asked: Did any of you recite along with me just now? A man replied: Yes, Messenger of Allah. He said: I am wondering what is the matter with me that I have been contended with reciting the Qur'an. He said: When the people heard that from the Messenger of Allah (saws) they ceased reciting (the Qur'an) along with him at the prayers in which he recited aloud.

Abu Dawud said: This tradition reported by Ibn Ukaimah has also been narrated by Ma'mar, Yunus, and Usamah b. Zaid on the authority of al-Zuhri similar to the tradition of Malik.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

When the Prophet became ill, some of his wives talked about a church which they had seen in Ethiopia and it was called Mariya. Um Salma and Um Habiba had been to Ethiopia, and both of them narrated its (the Church's) beauty and the pictures it contained. The Prophet raised his head and said, "Those are the people who, whenever a pious man dies amongst them, make a place of worship at his grave and then they make those pictures in it. Those are the worst creatures in the Sight of Allah."

A woman came to Allah's Apostle and said, "I present myself (to you) (for marriage). She stayed for a long while, then a man said, "If you are not in need of her then marry her to me." The Prophet said, "Have you got anything m order to pay her Mahr?" He said, "I have nothing with me except my Izar (waist sheet)." The Prophet said, "If you give her your Izar, you will have no Izar to wear, (so go) and search for something. He said, "I could not find anything." The Prophet said, "Try (to find something), even if it were an iron ring But he was not able to find (even that) The Prophet said (to him). "Do you memorize something of the Qur'an?" "Yes. ' he said, "such Sura and such Sura," naming those Suras The Prophet said, "We have married her to you for what you know of the Qur'an (by heart).

Al-Hajjaj ibn Hassan said: We entered upon Anas ibn Malik. My sister al-Mughirah said: You were a boy in those days and you had two locks of hair. He (Anas) rubbed your head and invoked blessing on you. He said: Shave them (i.e. the locks) or clip them, for this is the fashion of the Jews.

The Prophet said, "A Muslim is the one who avoids harming Muslims with his tongue and hands. And a Muhajir (emigrant) is the one who gives up (abandons) all what Allah has forbidden."

"The Prophet sent a messenger to the village of the Ansar in the morning of the day of 'Ashura' (10th of Muharram) to announce: 'Whoever has eaten something should not eat but complete the fast, and whoever is observing the fast should complete it.' "She further said, "Since then we used to fast on that day regularly and also make our boys fast. We used to make toys of wool for the boys and if anyone of them cried for, he was given those toys till it was the time of the breaking of the fast."

Allah sent (the Prophet) Muhammad and said:-- 'Say, No wage do I ask of you for this (Qur'an) nor am I one of the pretenders (i.e. a person who pretends things which do not exist). (38.68) When Allah's Apostle saw Quraish standing against him, he said, "O Allah! Help me against them by afflicting them with seven years of famine similar to the seven years (of famine) of Joseph. So they were afflicted with a year of drought that destroyed everything, and they ate bones and hides. (One of them said), "And they ate hides and dead animals, and (it seemed to them that) something like smoke was coming out of the earth. So Abu Sufyan came to the Prophet and said, "O Muhammad! Your people are on the verge of destruction! Please invoke Allah to relieve them." So the Prophet invoked Allah for them (and the famine disappeared). He said to them. "You will revert (to heathenism) after that." `Abdullah then recited: 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible.......but truly you will revert (to disbelief).' He added, "Will the punishment be removed from them in the Hereafter? The smoke and the grasp and the Al-Lizam have all passed." One of the sub-narrater said, "The splitting of the moon." And another said, "The defeat of the Romans (has passed).

Hunaydah al-Khuza'i reported on the authority of her mother who said: I entered upon Umm Salamah and asked her about fasting. She said: The Messenger of Allah (saws) used to command me to fast three days every month beginning with Monday or Thursday.

The Prophet continued for such-and-such period imagining that he has slept (had sexual relations) with his wives, and in fact he did not. One day he said, to me, "O `Aisha! Allah has instructed me regarding a matter about which I had asked Him. There came to me two men, one of them sat near my feet and the other near my head. The one near my feet, asked the one near my head (pointing at me), 'What is wrong with this man? The latter replied, 'He is under the effect of magic.' The first one asked, 'Who had worked magic on him?' The other replied, 'Lubaid bin Asam.' The first one asked, 'What material (did he use)?' The other replied, 'The skin of the pollen of a male date tree with a comb and the hair stuck to it, kept under a stone in the well of Dharwan."' Then the Prophet went to that well and said, "This is the same well which was shown to me in the dream. The tops of its date-palm trees look like the heads of the devils, and its water looks like the Henna infusion." Then the Prophet ordered that those things be taken out. I said, "O Allah's Apostle! Won't you disclose (the magic object)?" The Prophet said, "Allah has cured me and I hate to circulate the evil among the people." `Aisha added, "(The magician) Lubaid bin Asam was a man from Bani Zuraiq, an ally of the Jews."

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."