I said to Ibn `Umar, "If a man accuses his wife of illegal sexual intercourse (what is the judgment)?" He said, "Allah's Prophet separated the couple of Bani 'Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet said, 'Allah knows that one of you two IS a liar; so will one of you repent?' But they refused. He then again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But they refused, whereupon he separated them by divorce." Aiyub (a subnarrator) said: `Amr bin Dinar said to me, "In the narration there is something which I do not see you mentioning, i.e. the husband said, "What about my money (Mahr)?' The Prophet said, "You are not entitled to take back money, for if you told the truth you have already entered upon her (and consummated your marriage with her) and if you are a liar then you are less entitled to take it back.

A man came to the Prophet and said, "I am ruined!" The Prophet said, "Why?" He said, "I had sexual intercourse with my wife while fasting (in the month of Ramadan)." The Prophet said to him, "Manumit a slave (as expiation)." He replied, "I cannot afford that." The Prophet said, "Then fast for two successive months." He said, "I cannot." The Prophet said, "Then feed sixty poor persons." He said, "I have nothing to do that." In the meantime a basket full of dates was brought to the Prophet . He said, "Where is the questioner." The man said, "I am here." The Prophet said (to him), "Give this (basket of dates) in charity (as expiation)." He said, "O Allah's Apostle! Shall I give it to poorer people than us? By Him Who sent you with the Truth, there is no family between Medina's two mountains poorer than us." The Prophet smiled till his pre-molar teeth became visible. He then said, "Then take it."

I said to the Prophet, "We will be facing the enemy tomorrow and we have no knives (for slaughtering)' He said, "If you slaughter the animal with anything that causes its blood to flow out, and if Allah's Name is mentioned on slaughtering it, eat of it, unless the killing instrument is a tooth or nail. I will tell you why: As for the tooth, it is a bone; and as for the nail, it is the knife of Ethiopians." The quick ones among the people got the war booty while the Prophet was behind the people. So they placed the cooking pots on the fire, but the Prophet ordered the cooking pots to be turned upside down. Then he distributed (the war booty) among them, considering one camel as equal to ten sheep. Then a camel belonging to the first party of people ran away and they had no horses with them, so a man shot it with an arrow whereby Allah stopped it. The Prophet said, "Of these animals there are some which are as wild as wild beasts. So, if anyone of them runs away like this, do like this (shoot it with an arrow).

Some of the companions of the Prophet came across a tribe amongst the tribes of the Arabs, and that tribe did not entertain them. While they were in that state, the chief of that tribe was bitten by a snake (or stung by a scorpion). They said, (to the companions of the Prophet ), "Have you got any medicine with you or anybody who can treat with Ruqya?" The Prophet's companions said, "You refuse to entertain us, so we will not treat (your chief) unless you pay us for it." So they agreed to pay them a flock of sheep. One of them (the Prophet's companions) started reciting Surat-al-Fatiha and gathering his saliva and spitting it (at the snake-bite). The patient got cured and his people presented the sheep to them, but they said, "We will not take it unless we ask the Prophet (whether it is lawful)." When they asked him, he smiled and said, "How do you know that Surat-al-Fatiha is a Ruqya? Take it (flock of sheep) and assign a share for me."

Sahl bin Sa`d said that a woman brought a Burda (sheet) to the Prophet. Sahl asked the people, "Do you know what is a Burda?" The people replied, "It is a 'Shamla', a sheet with a fringe." That woman said, "O Allah's Apostle! I have brought it so that you may wear it." So the Prophet took it because he was in need of it and wore it. A man among his companions, seeing him wearing it, said, "O Allah's Apostle! Please give it to me to wear." The Prophet said, "Yes." (and gave him that sheet). When the Prophet left, the man was blamed by his companions who said, "It was not nice on your part to ask the Prophet for it while you know that he took it because he was in need of it, and you also know that he (the Prophet) never turns down anybody's request that he might be asked for." That man said, "I just wanted to have its blessings as the Prophet had put it on, so l hoped that I might be shrouded in it."

When Allah's Apostle married Zainab bint Jahsh, he invited the people who took their meals and then remained sitting and talking. The Prophet pretended to be ready to get up, but the people did not get up. When he noticed that, he got up, and when he had got up, some of those people got up along with him and there remained three (who kept on sitting). Then the Prophet came back and found those people still sitting. Later on those people got up and went away. So I went to the Prophet and informed him that they had left. The Prophet came, and entered (his house). I wanted to enter(along with him) but he dropped a curtain between me and him. Allah then revealed: 'O you who believe! Do not enter the Prophet's Houses until leave is given... (to His statement)... Verily! That shall be an enormity, in Allah's sight.' (33.53)

Um (the mother of) Haritha came to Allah's Apostle after Haritha had been martyred on the Day (of the battle) of Badr by an arrow thrown by an unknown person. She said, "O Allah's Apostle! You know the position of Haritha in my heart (i.e. how dear to me he was), so if he is in Paradise, I will not weep for him, or otherwise, you will see what I will do." The Prophet said, "Are you mad? Is there only one Paradise? There are many Paradises, and he is in the highest Paradise of Firdaus." The Prophet added, "A forenoon journey or an after noon journey in Allah's Cause is better than the whole world and whatever is in it; and a place equal to an arrow bow of anyone of you, or a place equal to a foot in Paradise is better than the whole world and whatever is in it; and if one of the women of Paradise looked at the earth, she would fill the whole space between them (the earth and the heaven) with light, and would fill whatever is in between them, with perfume, and the veil of her face is better than the whole world and whatever is in it."

The jews came to Allah's Apostle and mentioned to him that a man and a lady among them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah regarding the Rajam?" They replied, "We only disgrace and flog them with stripes." `Abdullah bin Salam said to them, 'You have told a lie the penalty of Rajam is in the Torah.' They brought the Torah and opened it. One of them put his hand over the verse of the Rajam and read what was before and after it. `Abdullah bin Salam said to him, "Lift up your hand." Where he lifted it there appeared the verse of the Rajam. So they said, "O Muhammad! He has said the truth, the verse of the Rajam is in it (Torah)." Then Allah's Apostle ordered that the two persons (guilty of illegal sexual intercourse) be stoned to death, and so they were stoned, and I saw the man bending over the woman so as to protect her from the stones.

Az-Zubair had three scars caused by the sword, one of which was over his shoulder and I used to insert my fingers in it. He received two of those wounds on the day of Badr and one on the day of Al-Yarmuk. When 'Abdullah bin Zubair was killed, 'Abdul-Malik bin Marwan said to me, "O 'Urwa, do you recognize the sword of Az-Zubair?" I said, "Yes." He said, "What marks does it have?" I replied, "It has a dent in its sharp edge which was caused in it on the day of Badr." 'Abdul- Malik said, "You are right! (i.e. their swords) have dents because of clashing with the regiments of the enemies Then 'Abdul-Malik returned that sword to me (i.e. Urwa). (Hisham, 'Urwa's son said, "We estimated the price of the sword as three-thousand (Dinars) and after that it was taken by one of us (i.e. the inheritors) and I wish I could have had it.")

Abu Huraira used to say Takbir in all the prayers, compulsory and optional -- in the month of Ramadan or other months. He used to say Takbir on standing for prayer and on bowing; then he would say, "Sami`a l-lahu liman hamidah," and before prostrating he would say "Rabbana wa laka lhamd." Then he would say Takbir on prostrating and on raising his head from the prostration, then another Takbir on prostrating (for the second time), and on raising his head from the prostration. He also would say the Takbir on standing from the second rak`a. He used to do the same in every rak`a till he completed the prayer. On completion of the prayer, he would say, "By Him in Whose Hands my soul is! No doubt my prayer is closer to that of Allah's Apostle than yours, and this was His prayer till he left this world."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Muhayriz that a man from the Kinana tribe called al-Mukhdaji heard a man in Syria known as Abu Muhammad saying, "The witr is obligatory (fard)." Al-Mukhdaji said, "I went to Ubada ibn as-Samit and presented myself to him as he was going to the mosque, and told him what Abu Muhammad had said. Ubada said that Abu Muhammad had lied and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Allah the Majestic and Mighty has written five prayers for mankind, and whoever does them and does not waste anything of them by making light of what is due to them, there is a pact for him with Allah that He will admit him into the Garden.Whoever does not do them, there is no pact for him with Allah. If He wishes, He punishes him, and if He wishes, He admits him into the Garden.' "

Yahya related to me from Malik from Hisham ibn Urwa that his father said that Abasa (Sura 80) was sent down about Abdullah ibn Umm Maktum. He came to the Prophet, may Allah bless him and grant him peace, and began to say, "O Muhammad, show me a place near you (where I can sit)," whilst one of the leading men of the idol worshippers was in audience with the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, began to turn away from him and give his attention to the other man, and he said to him, "Father of so-and-so, do you see any harm in what I am saying?" and he said, "No, by the blood (of our sacrifices) I see no harm in what you are saying." And Abasa - "He frowned and turned away when the blind man came" - was sent down.

Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn Zayd adDili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other),saw a man standing in the sun. The Messenger asked, "What's wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."

Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab had heard in a letter from Iraq that a man said to his wife, "Your rein is on your withers (i.e. you have free rein)." Umar ibn al-Khattab wrote to his governor to order the man to come to him at Makka at the time of hajj. While Umar was doing tawaf around the House, a man met him and greeted him. Umar asked him who he was, and he replied that he was the man that he had ordered to be brought to him. Umar said to him, "I ask you by the Lord of this building, what did you mean by your statement, 'Your rein is on your withers.'?" The man replied, "Had you made me swear by other than this place, I would not have told you the truth. I intended separation by that." Umar ibn al- Khattab said, "It is what you intended."

Allah's Apostle came out as the sun declined at midday and offered the Zuhr prayer. He then stood on the pulpit and spoke about the Hour (Day of Judgment) and said that in it there would be tremendous things. He then said, "Whoever likes to ask me about anything he can do so and I shall reply as long as I am at this place of mine. Most of the people wept and the Prophet said repeatedly, "Ask me." `Abdullah bin Hudhafa As-Sahmi stood up and said, "Who is my father?" The Prophet said, "Your father is Hudhafa." The Prophet repeatedly said, "Ask me." Then `Umar knelt before him and said, "We are pleased with Allah as our Lord, Islam as our religion, and Muhammad as our Prophet." The Prophet then became quiet and said, "Paradise and Hell-fire were displayed in front of me on this wall just now and I have never seen a better thing (than the former) and a worse thing (than the latter).

Allah's Apostle used to keep silent between the Takbir and the recitation of Qur'an and that interval of silence used to be a short one. I said to the Prophet "May my parents be sacrificed for you! What do you say in the pause between Takbir and recitation?" The Prophet said, "I say, 'Allahumma, baa`id baini wa baina khatayaya kama baa`adta baina l-mashriqi wa l-maghrib. Allahumma, naqqini min khatayaya kama yunaqqa th-thawbu l-abyadu mina d-danas. Allahumma, ighsil khatayaya bi l-maa'i wa th-thalji wa l-barad (O Allah! Set me apart from my sins (faults) as the East and West are set apart from each other and clean me from sins as a white garment is cleaned of dirt (after thorough washing). O Allah! Wash off my sins with water, snow and hail.)"

The Prophet said, "When a human being is laid in his grave and his companions return and he even hears their foot steps, two angels come to him and make him sit and ask him: What did you use to say about this man, Muhammad ? He will say: I testify that he is Allah's slave and His Apostle. Then it will be said to him, 'Look at your place in the Hell-Fire. Allah has given you a place in Paradise instead of it.' " The Prophet added, "The dead person will see both his places. But a non-believer or a hypocrite will say to the angels, 'I do not know, but I used to say what the people used to say! It will be said to him, 'Neither did you know nor did you take the guidance (by reciting the Qur'an).' Then he will be hit with an iron hammer between his two ears, and he will cry and that cry will be heard by whatever approaches him except human beings and jinns."

Allah's Apostle offered four rak`at of Zuhr prayer at Medina and we were in his company, and two rak`at of the `Asr prayer at Dhul-Hulaifa and then passed the night there till it was dawn; then he rode, and when he reached Al-Baida', he praised and glorified Allah and said Takbir (i.e. Al hamdu-li l-lah and Subhanallah(1) and Allahu-Akbar). Then he and the people along with him recited Talbiya with the intention of performing Hajj and Umra. When we reached (Mecca) he ordered us to finish the lhram (after performing the Umra) (only those who had no Hadi (animal for sacrifice) with them were asked to do so) till the day of Tarwiya that is 8th Dhul-Hijja when they assumed Ihram for Hajj. The Prophet sacrificed many camels (slaughtering them) with his own hands while standing. While Allah's Apostle was in Medina he sacrificed two horned rams black and white in color in the Name of Allah."

`Abdullah (bin `Abdullah) bin `Umar said to his father, "Stay here, for I am afraid that it (affliction between Ibn Zubair and Al-Hajjaj) might prevent you from reaching the Ka`ba." Ibn `Umar said, "(In this case) I would do the same as Allah's Apostle did, and Allah has said, 'Verily, in Allah's Apostle, you have a good example (to follow).' So, I make you, people, witness that I have made `Umra compulsory for me." So he assumed lhram for `Umra. Then he went out and when he reached Al- Baida', he assumed Ihram for Hajj and `Umra (together) and said, "The conditions (requisites) of Hajj and `Umra are the same." He, then brought a Hadi from Qudaid. Then he arrived (at Mecca) and performed Tawaf (between Safa and Marwa) once for both Hajj and `Umra and did not finish the lhram till he had finished both Hajj and `Umra.

I heard Sahl bin Sa`d saying, "A woman brought a Burda (i.e. a square piece of cloth having edging). I asked, 'Do you know what a Burda is?' They replied in the affirmative and said, "It is a cloth sheet with woven margins." Sahl went on, "She addressed the Prophet and said, 'I have woven it with my hands for you to wear.' The Prophet took it as he was in need of it, and came to us wearing it as a waist sheet. One of us said, 'O Allah's Apostle! Give it to me to wear.' The Prophet agreed to give it to him. The Prophet sat with the people for a while and then returned (home), wrapped that waist sheet and sent it to him. The people said to that man, 'You haven't done well by asking him for it when you know that he never turns down anybody's request.' The man replied, 'By Allah, I have not asked him for it except to use it as my shroud when I die." Sahl added; "Later it (i.e. that sheet) was his shroud."

From Jabir bin 'Abdullah and Anas bin Malik who said: "When the Messenger of Allah (saws) supplicated against locusts he would say: 'O Allah! Destroy the locusts, kill the large among him, and destroy the small, spoil his core, and cut off his rear. Take their mouths from our livelihood and our sustenance. Verily, You indeed listen to the supplication!' So a man said: 'O Messenger of Allah! How is it that you supplicate against one of the Allah's armies that He cut off their rear?'" He said: "So the Messenger of Allah (saws) said: 'They are bit scattered from a fish in the ocean.'"

[Abu 'Eisa said:] This Hadith is Gharib. We do not know of it except from this route. And Musa bin Muhammad bin Ibrahim At-Taimi has been criticized. He narrates many Gharib and Munkar narrations. His father Muhammad bin Ibrahim is trustworthy, and he is from Al-Madinah.

Shayban al-Qatbani reported that Maslamah ibn Mukhallad made Ruwayfi' ibn Thabit the governor of the lower parts (of Egypt). He added: We travelled with him from Kum Sharik to Alqamah or from Alqamah to Kum Sharik (the narrator doubts) for Alqam.

Ruwayfi' said: Any one of us would borrow a camel during the lifetime of the Prophet (saws) from the other, on condition that he would give him half the booty, and the other half he would retain himself.

Further, one of us received an arrowhead and a feather, and the other an arrow-shaft as a share from the booty.

He then reported: The Messenger of Allah (saws) said: You may live for a long time after I am gone, Ruwayfi', so, tell people that if anyone ties his beard or wears round his neck a string to ward off the evil eye, or cleanses himself with animal dung or bone, Muhammad has nothing to do with him.

The Messenger of Allah (saws) said: When one of you recites "By the fig and the olive" (Surah 95) and comes to its end "Is not Allah the best judge?" (verse 8), he should say: "Certainly, and I am one of those who testify to that." When one recites "I swear by the Day of Resurrection" (Surah 75) and comes to "Is not that one able to raise the dead to life? (verse 40), he should say: "Certainly." And when one recites "By those that are sent" (Surah 77), and comes to "Then in what message after that will they believe? " (Surah 50), he should say: "We believe in Allah."

The narrator Isma'il (ibn Umayyah) said: I beg to repeat (this tradition) before the Bedouin (who reported this tradition) so that I might see whether he (was mistaken).

He said: My nephew, do you think that I did not remember it? I performed sixty hajj (pilgrimages); there is no hajj but I recognize the came on which I performed it.

That the Messenger of Allah (saws) said that Jibra'il had indeed descended upon him to say to him: "Tell them - meaning your Companions - to choose regarding the captives of Badr, between either killing them or ransoming the, so that the amount killed by them will correspond similarly to them." So they said: "Ranson, even though some of us may be killed."

There are narrations on this topic from Ibn Mas'ud, Anas, Abu Barzah, and Jubair bin Mut'im.

[Abu 'Eisa said:] This Hadith is Hasan Gharib as a narration of Ath-Thawri. We do not know of it except through the report of Za'idah.

Abu Usamah reported similar to this from Hisham, from Ibn Sirin, from 'Abidah, from 'Ali, from the Prophet (saws)

Ibn 'Awn reported it from Ibn Sirin, from 'Abidah, from 'Ali, from the Prophet (saws) in Mursal form.

Abu Dawud Al-Hafiri's ( a narrator in this chain) name is 'Umar bin Sa'd.

While I was on my way, all of a sudden I saw a shepherd driving his sheep, I asked him whose servant he was. He replied that he was the servant of a man from Quraish, and then he mentioned his name and I recognized him. I asked, "Do your sheep have some milk?" He replied in the affirmative. I said, "Are you going to milk for me?" He replied in the affirmative. I ordered him and he tied the legs of one of the sheep. Then I told him to clean the udder (teats) of dust and to remove dust off his hands. He removed the dust off his hands by clapping his hands. He then milked a little milk. I put the milk for Allah's Apostle in a pot and closed its mouth with a piece of cloth and poured water over it till it became cold. I took it to the Prophet and said, "Drink, O Allah's Apostle!" He drank it till I was pleased.

A man came to Allah's Apostle and said, "I am ruined." The Prophet asked, "What do you mean?" He said, "I had a sexual intercourse with my wife during Ramadan (while fasting)." The Prophet asked him, "Can you manumit a slave?" He replied in the negative. He then asked him, "Can you fast for two successive months continuously" He replied in the negative. The Prophet then asked him, "Can you feed sixty poor persons?" He replied in the negative. In the meantime an Ansari came with a basket full of dates. The Prophet said to the man, "Take it and give it in charity (as an expiation of your sin)." The man said "Should I give it to some people who are poorer than we O Allah's Apostle? By Him Who has sent you with the Truth, there is no family between Medina's two mountains poorer than we." Allah's Apostle told him to take it and provide his family with it."

The Jews came to Allah's Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah (old Testament) about the legal punishment of Ar-Rajm (stoning)?" They replied, (But) we announce their crime and lash them." `Abdullah bin Salam said, "You are telling a lie; Torah contains the order of Rajm." They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. `Abdullah bin Salam said to him, "Lift your hand." When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. (`Abdullah bin `Umar said, "I saw the man leaning over the woman to shelter her from the stones."

`AbdurRahman bin Abza said, "Ask Ibn `Abbas about these two Qur'anic Verses: 'Nor kill such life as Allah has made sacred, Except for just cause.' (25.168) "And whoever kills a believer intentionally, his recompense is Hell. (4.93) So I asked Ibn `Abbas who said, "When the Verse that is in Sura-al-Furqan was revealed, the pagans of Mecca said, 'But we have slain such life as Allah has made sacred, and we have invoked other gods along with Allah, and we have also committed fornication.' So Allah revealed:-- 'Except those who repent, believe, and do good-- (25.70) So this Verse was concerned with those people. As for the Verse in Surat-an-Nisa (4-93), it means that if a man, after understanding Islam and its laws and obligations, murders somebody, then his punishment is to dwell in the (Hell) Fire forever." Then I mentioned this to Mujahid who said, "Except the one who regrets (one's crime) . "

That once he was in the company of the Prophet carrying a water pot for his ablution and for cleaning his private parts. While he was following him carrying it (i.e. the pot), the Prophet said, "Who is this?" He said, "I am Abu Huraira." The Prophet said, "Bring me stones in order to clean my private parts, and do not bring any bones or animal dung." Abu Huraira went on narrating: So I brought some stones, carrying them in the corner of my robe till I put them by his side and went away. When he finished, I walked with him and asked, "What about the bone and the animal dung?" He said, "They are of the food of Jinns. The delegate of Jinns of (the city of) Nasibin came to me--and how nice those Jinns were--and asked me for the remains of the human food. I invoked Allah for them that they would never pass by a bone or animal dung but find food on them."

When `Abdur-Rahman bin `Auf came to Medina and the Prophet established the bond of brotherhood between him and Sa`d bin Ar-Rabi-al-Ansari, Saud suggested that `Abdur-Rahman should accept half of his property and family. `Abdur Rahman said, "May Allah bless you in your family and property; guide me to the market." So `Abdur-Rahman (while doing business in the market) made some profit of some condensed dry yoghurt and butter. After a few days the Prophet saw him wearing clothes stained with yellow perfume. The Prophet asked, "What is this, O `Abdur-Rahman?" He said, "O Allah's Apostle! I have married an Ansar' woman." The Prophet asked, "What have you given her as Mahr?" He (i.e. `Abdur-Rahman) said, "A piece of gold, about the weight of a date stone." Then the Prophet said, Give a banquet, even though of a sheep."

Abu Dawud said: The version narrated by al-Zubaidi, Ibn Abi Dhi’b, Ibrahim b. Sa’d, Ma’mar, Shu’aib b. Abi Hamzah on the authority of al-Zuhri has the words: “the part you miss then complete it”. Ibn ‘Uyainah alone narrated from al-Zuhri the words “then offer it afterwards”. And Muhammad b. ‘Amr narrated from Abu Salamah on the authority of Abu Hurairah, and Ja’far b. Rabi’ah narrated from al-A’raj on the authority of Abu Hurairah the words “then complete it”. And Ibn Mas’ud narrated from the Prophet(may peace be upon him) and Abu Qatadah and Anas reported from the Prophet( may peace be upon him) the words” then complete it”.

I spent a night with the Prophet (saws) to see how he prayed. He got up, performed ablution and prayed two rak'ahs. His standing was like his bowing (i.e. equal in duration), and his bowing was like his prostration (equal in length). Then he slept. Afterwards he awoke, performed ablution, and used tooth-stick. He then recited five verses from Surah Al-'Imran : "In the creation of the heavens and the earth and the alternation of night and day". He went on doing so till he prayed ten rak'ahs. He then stood up and prayed one rak'ah observing witr with it. In the meantime the mu'adhdhin called to prayer. The Messenger of Allah (saws) stood up after the mu'adhdhin had kept silent. He prayed two light rak'ahs and remained sitting till he offered the dawn prayer.

Abu Dawud said: A part of the tradition transmitted by Ibn Bashshar remained hidden from me.

Abu Dawud said: This tradition has been transmitted by Ibn Ishaq and al-Auza'i from Yahya b. Sa'id in a similar manner, and Malik narrated it from Yahya b. Sa'id, saying: He observed I'tikaf during twenty days of Shawwal.

I said to Ibn `Abbas, "Nauf-Al-Bakali claims that Moses (the companion of Khadir) was not the Moses of Bani Israel but he was another Moses." Ibn `Abbas remarked that the enemy of Allah (Nauf) was a liar.

Narrated Ubai bin Ka`b:

The Prophet said, "Once the Prophet Moses stood up and addressed Bani Israel. He was asked, "Who is the most learned man amongst the people. He said, "I am the most learned." Allah admonished Moses as he did not attribute absolute knowledge to Him (Allah). So Allah inspired to him "At the junction of the two seas there is a slave amongst my slaves who is more learned than you." Moses said, "O my Lord! How can I meet him?" Allah said: Take a fish in a large basket (and proceed) and you will find him at the place where you will lose the fish. So Moses set out along with his (servant) boy, Yusha` bin Noon and carried a fish in a large basket till they reached a rock, where they laid their heads (i.e. lay down) and slept. The fish came out of the basket and it took its way into the sea as in a tunnel. So it was an amazing thing for both Moses and his (servant) boy. They proceeded for the rest of that night and the following day. When the day broke, Moses said to his (servant) boy: "Bring us our early meal. No doubt, we have suffered much fatigue in this journey." Moses did not get tired till he passed the place about which he was told. There the (servant) boy told Moses, "Do you remember when we betook ourselves to the rock, I indeed forgot the fish." Moses remarked, "That is what we have been seeking. So they went back retracing their footsteps, till they reached the rock. There they saw a man covered with a garment (or covering himself with his own garment). Moses greeted him. Al-Khadir replied saying, "How do people greet each other in your land?" Moses said, "I am Moses." He asked, "The Moses of Bani Israel?" Moses replied in the affirmative and added, "May I follow you so that you teach me of that knowledge which you have been taught." Al-Khadir replied, "Verily! You will not be able to remain patient with me, O Moses! I have some of the knowledge of Allah which He has taught me and which you do not know, while you have some knowledge which Allah has taught you which I do not know." Moses said, "Allah willing, you will find me patient and I will disobey no order of yours. So both of them set out walking along the seashore, as they did not have a boat. In the meantime a boat passed by them and they requested the crew of the boat to take them on board. The crew recognized Al-Khadir and took them on board without fare. Then a sparrow came and stood on the edge of the boat and dipped its beak once or twice in the sea. Al-Khadir said: "O Moses! My knowledge and your knowledge have not decreased Allah's knowledge except as much as this sparrow has decreased the water of the sea with its beak." Al- Khadir went to one of the planks of the boat and plucked it out. Moses said, "These people gave us a free lift but you have broken their boat and scuttled it so as to drown its people." Al-Khadir replied, "Didn't I tell you that you will not be able to remain patient with me." Moses said, "Call me not to account for what I forgot." The first (excuse) of Moses was that he had forgotten. Then they proceeded further and found a boy playing with other boys. Al-Khadir took hold of the boy's head from the top and plucked it out with his hands (i.e. killed him). Moses said, "Have you killed an innocent soul who has killed none." Al-Khadir replied, "Did I not tell you that you cannot remain patient with me?" Then they both proceeded till when they came to the people of a town, they asked them for food, but they refused to entertain them. Then they found there a wall on the point of collapsing. Al-Khadir repaired it with his own hands. Moses said, "If you had wished, surely you could have taken wages for it." Al-Khadir replied, "This is the parting between you and me." The Prophet added, "May Allah be Merciful to Moses! Would that he could have been more patient to learn more about his story with Al-Khadir. "

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.

that he remembered Allah's Apostle and he also remembered a mouthful of water which he had thrown on his face, after taking it from a well that was in their house. Mahmud said that he had heard `Itban bin Malik, who was present with Allah's Apostle in the battle of Badr saying, "I used to lead my people at Bani Salim in the prayer and there was a valley between me and those people. Whenever it rained it used to be difficult for me to cross it to go to their mosque. So I went to Allah's Apostle and said, 'I have weak eyesight and the valley between me and my people flows during the rainy season and it becomes difficult for me to cross it; I wish you would come to my house and pray at a place so that I could take that place as a praying place.' Allah's Apostle said, 'I will do so.' So Allah's Apostle and Abu Bakr came to my house in the (next) morning after the sun had risen high. Allah's Apostle asked my permission to let him in and I admitted him. He did not sit before saying, 'Where do you want us to offer the prayer in your house?' I pointed to the place where I wanted him to pray. So Allah's Apostle stood up for the prayer and started the prayer with Takbir and we aligned in rows behind him; and he offered two rak`at, and finished them with Taslim, and we also performed Taslim with him. I detained him for a meal called "Khazir" which I had prepared for him.--("Khazir" is a special type of dish prepared from barley flour and meat soup)-- When the neighbors got the news that Allah's Apostle was in my house, they poured it till there were a great number of men in the house. One of them said, 'What is wrong with Malik, for I do not see him?' One of them replied, 'He is a hypocrite and does not love Allah and His Apostle.' On that Allah's Apostle said, 'Don't say this. Haven't you seen that he said, 'None has the right to be worshipped but Allah for Allah's sake only.' The man replied, 'Allah and His Apostle know better; but by Allah, we never saw him but helping and talking with the hypocrites.' Allah's Apostle replied, 'No doubt, whoever says. None has the right to be worshipped but Allah, and by that he wants the pleasures of Allah, then Allah will save him from Hell." Mahmud added, "I told the above narration to some people, one of whom was Abu Aiyub, the companion of Allah's Apostle in the battle in which he (Abu Aiyub) died and Yazid bin Mu'awiya was their leader in Roman Territory. Abu Aiyub denounced the narration and said, 'I doubt that Allah's Apostle ever said what you have said.' I felt that too much, and I vowed to Allah that if I remained alive in that holy battle, I would (go to Medina and) ask `Itban bin Malik if he was still living in the mosque of his people. So when he returned, I assumed Ihram for Hajj or `Umra and then I proceeded on till I reached Medina. I went to Bani Salim and `Itban bin Malik, who was by then an old blind man, was leading his people in the prayer. When he finished the prayer, I greeted him and introduced myself to him and then asked him about that narration. He told that narration again in the same manner as he had narrated it the first time."

Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that he heard Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham say, "My father and I were with Marwan ibn al Hakam at the time when he was amir of Madina, and someone mentioned to him that Abu Hurayra used to say, 'If someone begins the morning junub, he has broken the fast for that day.' Marwan said, 'I swear to you, Abdar-Rahman, you must go to the two umm al muminin, A'isha and Umm Salama, and ask them about it.'

''Abd ar-Rahman went to visit A'isha and I accompanied him. He greeted her and then said, 'Umm al-muminin, we were with Marwan ibn al Hakam and someone mentioned to him that Abu Hurayra used to say that if some one had begun the morning junub, he had broken the fast for that day.' A'isha said, 'It is not as Abu Hurayra says Abd ar-Rahman. Do you dislike what the Messenger of Allah, may Allah bless him and grant him peace, used to do?', and Abd ar-Rahman said, 'No, by Allah.' A'isha said, 'I bear witness that the Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, and would then fast for that day.' "

He continued, "Then we went and visited Umm Salama, and Abd ar- Rahman asked her about the same matter and she said the same as A'isha had said. Then we went off until we came to Marwan ibn al-Hakam Abd ar-Rahman told him what they had both said and Marwan said, 'I swear to you, Abu Muhammad, you must use the mount which is at the door, and go to Abu Hurayra, who is on his land at al Aqiq, and tell him this.' So Abd ar-Rahman rode off, and I went with him, until we came to Abu Hurayra. Abd ar-Rahman talked with him for a while, and then mentioned the matter to him, and Abu Hurayra said, 'I don't know anything about it. I was just told that by someone.'"

I asked her: What is this? She replied: This belongs to Yuhannah. We then brought the case to Uthman (for a decision). I think Mahdi said these words. He inquired from both of them, and they acknowledged (the facts).

He then said to them: Do you agree that I take the decision about you, which the Messenger of Allah (saws) had taken? The Messenger of Allah (saws) decided that the child was to attributed to the one on whose bed it was born. And I think he said: He flogged her and flogged him, for they were slaves.

When the Messenger of Allah (saws) sat on his camel to go out on a journey, he said: "Allah is Most Great" three times. Then he said: "Glory be to Him Who has made subservient to us, for we had not the strength for it, and to our Lord do we return. O Allah, we ask Thee in this journey of ours, uprightness, piety and such deeds as are pleasing to Thee. O Allah, make easy for us this journey of ours and make its length short for us. O Allah, Thou art the Companion in the journey, and the One Who looks after the family and property in our absence." When he returned, he said these words adding: "Returning, repentant, serving and praising our Lord." The Prophet (saws) and his armies said: "Allah is Most Great" when they went up to high ground; and when armies said: "Allah is most Great" when they went up to high ground; and when they descended, they said: "Glory be to Allah." So the prayer was patterned on that.

We went out with the Messenger of Allah (saws) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (saws) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (saws) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.

Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.

A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (saws) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (saws) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.

AbulBakhtari said: I heard from a man a tradition which I liked. I said to him: Write it down for me. So he brought it clearly written to me.

(It says): Al-Abbas and Ali entered upon Umar when Talhah, az-Zubayr, AbdurRahman and Sa'd were with him. They (Abbas and Ali) were disputing.

Umar said to Talhah, az-Zubayr, AbdurRahman and Sa'd: Do you not know that the Messenger of Allah (saws) said: All the property of the Prophet (saws) is sadaqah (alms), except what he provided for his family for their sustenance and their clothing. We are not to be inherited.

They said: Yes, indeed. He said: The Messenger of Allah (saws) used to spend from his property on his family, and give the residue as sadaqah (alms). The Messenger of Allah (saws) then died, and AbuBakr ruled for two years. He would deal with it in the same manner as the Messenger of Allah (saws) did. He then mentioned a little from the tradition of Malik ibn Aws.

I came to my family at night (after a journey) with my hands chapped and they perfumed me with saffron. In the morning I went to the Prophet (saws) and gave him a greeting, but he did not respond to me nor did he welcome me.

He said: Go away and wash this off yourself. I then went away and washed it off me. I came to him but there remained a spot of it on me. I give him a greeting, but he did not respond to me nor did he welcome me.

He said: Go away and wash it off yourself. I then went away and washed it off me. I then came and gave him a greeting.

He responded to me and welcomed me, saying: The angels do not attend the funeral of an unbeliever bringing good to it, nor a man who smears himself with saffron, nor a man who is sexually defiled. He said: He permitted the man who was sexually defiled to perform ablution when he slept, ate or drank.