Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

Abu Dawud said “The opinion of Ibn ‘Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from ‘Abd Ar Razzaq from Ma’mar from Al Zuhri from Abu Salamah din Abd Al Rahman bin ‘Awf and Muhammad bin ‘Abd Al Rahman bin Thawban from Muhammad bin Iyas that Ibn ‘Abbas, Abu Hurairah and ‘Abd Alah bin ‘Amr bin Al ‘As were asked about a virgin who is divorced three times by her husband. They all said “She is not lawful for him until she marries a man other than her former husband.” Abu Dawud said “Malik narrated from Yahya bin Sa’id from Bukair bin Al Ashajj from Mu’awiyah bin Abi ‘Ayyash who was present on this occasion when Muhammad bin Iyas bin Al Bukair came to Ibn Al Zubair and Asim in ‘Umar. He asked them about this matter. They replied “Go to Ibn ‘Abbas and Abu Hurairah, I have left them with A’ishah (may Allaah be pleased with her). He then narrated the rest of the tradition.”

Abu Dawud said “The statement of Ibn ‘Abbas goes “The divorce by three pronouncements separates the wife from husband whether the marriage has been consummated or not, the previous husband is not lawful for her until she marries a man other than her husband”. This statement is like the tradition which deals with the exchange of money. In this tradition the narrator said “Ibn ‘Abbas withdrew his opinion.”"

The Messenger of Allah (saws) said: Command your children to pray when they become seven years old, and beat them for it (prayer) when they become ten years old; and arrange their beds (to sleep) separately.

I saw that the Prophet (saws) placed his knees (on the ground) before placing his hands when he prostrated himself. And when he stood up, he raised his hands before his knees.

(the wife of the Prophet) that she was told that `Abdullah bin Az-Zubair (on hearing that she was selling or giving something as a gift) said, "By Allah, if `Aisha does not give up this, I will declare her incompetent to dispose of her wealth." I said, "Did he (`Abdullah bin Az-Zubair) say so?" They (people) said, "Yes." `Aisha said, "I vow to Allah that I will never speak to Ibn Az-Zubair." When this desertion lasted long, `Abdullah bin Az-Zubair sought intercession with her, but she said, "By Allah, I will not accept the intercession of anyone for him, and will not commit a sin by breaking my vow." When this state of affairs was prolonged on Ibn Az-Zubair (he felt it hard on him), he said to Al- Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth, who were from the tribe of Bani Zahra, "I beseech you, by Allah, to let me enter upon `Aisha, for it is unlawful for her to vow to cut the relation with me." So Al-Miswar and `Abdur-Rahman, wrapping their sheets around themselves, asked `Aisha's permission saying, "Peace and Allah's Mercy and Blessings be upon you! Shall we come in?" `Aisha said, "Come in." They said, "All of us?" She said, "Yes, come in all of you," not knowing that Ibn Az- Zubair was also with them. So when they entered, Ibn Az-Zubair entered the screened place and got hold of `Aisha and started requesting her to excuse him, and wept. Al-Miswar and `Abdur Rahman also started requesting her to speak to him and to accept his repentance. They said (to her), "The Prophet forbade what you know of deserting (not speaking to your Muslim Brethren), for it is unlawful for any Muslim not to talk to his brother for more than three nights (days)." So when they increased their reminding her (of the superiority of having good relation with Kith and kin, and of excusing others' sins), and brought her down to a critical situation, she started reminding them, and wept, saying, "I have made a vow, and (the question of) vow is a difficult one." They (Al-Miswar and `Abdur-Rahman) persisted in their appeal till she spoke with `Abdullah bin Az- Zubair and she manumitted forty slaves as an expiation for her vow. Later on, whenever she remembered her vow, she used to weep so much that her veil used to become wet with her tears.

I went to `Aisha and asked her to describe to me the illness of Allah's Apostle. `Aisha said, "Yes. The Prophet became seriously ill and asked whether the people had prayed. We replied, 'No. O Allah's Apostle! They are waiting for you.' He added, 'Put water for me in a trough." `Aisha added, "We did so. He took a bath and tried to get up but fainted. When he recovered, he again asked whether the people had prayed. We said, 'No, they are waiting for you. O Allah's Apostle,' He again said, 'Put water in a trough for me.' He sat down and took a bath and tried to get up but fainted again. Then he recovered and said, 'Have the people prayed?' We replied, 'No, they are waiting for you. O Allah's Apostle.' He said, 'Put water for me in the trough.' Then he sat down and washed himself and tried to get up but he fainted. When he recovered, he asked, 'Have the people prayed?' We said, 'No, they are waiting for you. O Allah's Apostle! The people were in the mosque waiting for the Prophet for the `Isha prayer. The Prophet sent for Abu Bakr to lead the people in the prayer. The messenger went to Abu Bakr and said, 'Allah's Apostle orders you to lead the people in the prayer.' Abu Bakr was a softhearted man, so he asked `Umar to lead the prayer but `Umar replied, 'You are more rightful.' So Abu Bakr led the prayer in those days. When the Prophet felt a bit better, he came out for the Zuhr prayer with the help of two persons one of whom was Al-`Abbas. while Abu Bakr was leading the people in the prayer. When Abu Bakr saw him he wanted to retreat but the Prophet beckoned him not to do so and asked them to make him sit beside Abu Bakr and they did so. Abu Bakr was following the Prophet (in the prayer) and the people were following Abu Bakr. The Prophet (prayed) sitting." 'Ubaidullah added "I went to `Abdullah bin `Abbas and asked him, Shall I tell you what Aisha has told me about the fatal illness of the Prophet?' Ibn `Abbas said, 'Go ahead. I told him her narration and he did not deny anything of it but asked whether `Aisha told me the name of the second person (who helped the Prophet ) along with Al-Abbas. I said. 'No.' He said, 'He was `Ali (Ibn Abi Talib).

I was present at the gathering of Banu Salamah, and I was the youngest of them.

They (the people) said: Who will ask the Messenger of Allah (saws) for us about Laylat al-Qadr? That was the twenty-first of Ramadan. I went out and said the sunset prayer along with the Messenger of Allah (saws). I then stood at the door of his house.

He passed by me and said: Come in. I entered (the house) and dinner was brought for him. I was prevented from taking food as it was scanty.

When he finished his dinner, he said to me: Give me my shoes. He then stood up and I also stood up with him. He said: Perhaps you have some business with me.

I said: Yes. Some people of Banu Salamah have sent me to you to ask you about Laylat al-Qadr. He asked: Which night: Is it tonight?

I said: Twenty-second. He said: This is the very night. He then withdrew and said: Or the following night, referring to the twenty-third night.

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.

The Prophet (saws) said: Disagreement will occur at the death of a caliph and a man of the people of Medina will come flying forth to Mecca. Some of the people of Mecca will come to him, bring him out against his will and swear allegiance to him between the Corner and the Maqam. An expeditionary force will then be sent against him from Syria but will be swallowed up in the desert between Mecca and Medina. When the people see that, the eminent saints of Syria and the best people of Iraq will come to him and swear allegiance to him between the Corner and the Maqam.

Then there will arise a man of Quraysh whose maternal uncles belong to Kalb and send against them an expeditionary force which will be overcome by them, and that is the expedition of Kalb. Disappointed will be the one who does not receive the booty of Kalb. He will divide the property, and will govern the people by the Sunnah of their Prophet (saws) and establish Islam on Earth. He will remain seven years, then die, and the Muslims will pray over him.

Abu Dawud said: Some transmitted from Hisham "nine years" and some "seven years".

The Prophet (saws) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed.

Sufyan said: Al-Zuhri transmitted this tradition when Mansur b. al-Mu'tamir amd Mukhawwal b. Rashid were present with him. He said to them: Take this tradition as a present to the people of Iraq.

Abu Dawud said: This tradition has been transmitted by al-Sharid b. Suwaid, Sharahbil b. Aws, 'Abd Allah b. 'Amr, 'Abd Allah b. 'Umar, Abu Ghutaif al-Kindi, and Abu Salamah b. 'Abd al-Rahman from Abu Hurairah.

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

A man from the Jews, having been slapped on his face, came to the Prophet and said, "O Muhammad! A man from your companions from the Ansar has slapped me on my face!" The Prophet said, "Call him." When they called him, the Prophet said, "Why did you slap him?" He said, "O Allah's Apostle! While I was passing by the Jews, I heard him saying, 'By Him Who selected Moses above the human beings,' I said, 'Even above Muhammad?' I became furious and slapped him on the face." The Prophet said, "Do not give me superiority over the other prophets, for on the Day of Resurrection the people will become unconscious and I will be the first to regain consciousness. Then I will see Moses holding one of the legs of the Throne. I will not know whether he has come to his senses before me or that the shock he had received at the Mountain, (during his worldly life) was sufficient for him."

We went out with the Prophet to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An- Nu`man bin Sharahil, and her wet nurse was with her. When the Prophet entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family."

Mu`adh bin Jabal used to pray with the Prophet and then go to lead his people in prayer. Once he led the people in prayer and recited Surat-al-Baqara. A man left (the row of the praying people) and offered (light) prayer (separately) and went away. When Mu`adh came to know about it, he said. "He (that man) is a hypocrite." Later that man heard what Mu`adh said about him, so he came to the Prophet and said, "O Allah's Apostle! We are people who work with our own hands and irrigate (our farms) with our camels. Last night Mu`adh led us in the (night) prayer and he recited Sura-al-Baqara, so I offered my prayer separately, and because of that, he accused me of being a hypocrite." The Prophet called Mu`adh and said thrice, "O Mu`adh! You are putting the people to trials? Recite 'Washshamsi wad-uhaha' (91) or'Sabbih isma Rabbi ka-l-A'la' (87) or the like."

When Allah's Apostle died and Abu Bakr was elected as a Caliph after him, some of the Arabs reverted to disbelief, `Umar said to Abu Bakr, "How dare you fight the people while Allah's Apostle said, I have been ordered to fight the people till they say 'None has the right to be worshipped but Allah' And whoever says: None has the right to be worshipped but Allah.' waves his wealth and his life from me unless he deserves a legal punishment lusty, and his account will be with Allah! Abu Bakr said, "By Allah, I will fight him who discriminates between Zakat and prayers, for Zakat is the Compulsory right to be taken from the wealth By Allah, if they refuse to give me even a tying rope which they use to give to Allah's Apostle, I would fight them for withholding it." `Umar said, 'By Allah, It was nothing, except I saw that Allah had opened the chest of Abu Bakr to the fight, and I came to know for certain that was the truth."

I heard that the people asked the Prophet of Allah (saws): Water is brought for you from the well of Buda'ah. It is a well in which dead dogs, menstrual clothes and excrement of people are thrown. The Messenger of Allah (saws) replied: Verily water is pure and is not defiled by anything.

Abu Dawud said I heard Qutaibah b. Sa'id say: I asked the person in charge of the well of Bud'ah about the depth of the well. He replied: At most the water reaches pubes. Then I asked: Where does it reach when its level goes down ? He replied: Below the private part of the body.

Abu Dawud said: I measured the breadth of the well of Buda'ah with my sheet which I stretched over it. I them measured it with the hand. It measured six cubits in breadth. I then asked the man who opened the door of garden for me and admitted me to it: Has the condition of this well changed from what it had originally been in the past ? He replied: No. I saw the color of water in this well had changed.

When the Prophet (saws) proceeded for the Battle of Badr, I said to him: Messenger of Allah allow me to accompany you in the battle. I shall act as a nurse for patients. It is possible that Allah might bestow martyrdom upon me. He said: Stay at your home. Allah, the Almighty , will bestow martyrdom upon you.

The narrator said: Hence she was called martyr. She read the Qur'an. She sought permission from the Prophet (saws) to have a mu'adhdhin in her house. He, therefore, permitted her (to do so).

She announced that her slave and slave-girl would be free after her death. One night they went to her and strangled her with a sheet of cloth until she died, and they ran away.

Next day Umar announced among the people, "Anyone who has knowledge about them, or has seen them, should bring them (to him)."

Umar (after their arrest) ordered (to crucify them) and they were crucified. This was the first crucifixion at Medina.

`Utba bin Abi Waqqas authorized his brother Sa`d bin Abi Waqqas to take the son of the slave-girl of Zam`a into his custody, telling him that the boy was his own (illegal) son. When Allah's Apostle went (to Mecca) at the time of the Conquest, Sa`d took the son of the slave-girl of Zam`a to Allah's Apostle and also brought 'Abu bin Zam`a with him and said, "O Allah's Apostle! This is the son of my brother `Utba who authorized me to take him into my custody." 'Abu bin Zam`a said, "O Allah's Apostle! He is my brother, the son of Zam`a's slave-girl and he was born on his bed." Allah's Apostle looked at the son of the slave-girl of Zam`a and noticed much resemblance (to `Utba). Allah's Apostle said, "It is for you, O 'Abu bin Zam`a as he was born on the bed of your father." Allah's Apostle then told Sauda bint Zam`a to observe veil in the presence of the boy as he noticed the boy's resemblance to `Utba and Sauda was the wife of the Prophet .

Today a man came to me and asked me a question which I did not know how to answer. He said, "Tell me, if a wealthy active man, well-equipped with arms, goes out on military expeditions with our chiefs, and orders us to do such things as we cannot do (should we obey him?)" I replied, "By Allah, I do not know what to reply you, except that we, were in the company of the Prophet and he used to order us to do a thing once only till we finished it. And no doubt, everyone among you will remain in a good state as long as he obeys Allah. If one is in doubt as to the legality of something, he should ask somebody who would satisfy him, but soon will come a time when you will not find such a man. By Him, except Whom none has the right to be worshipped. I see that the example of what has passed of this life (to what remains thereof) is like a pond whose fresh water has been used up and nothing remains but muddy water."

Once Allah's Apostle; offered the morning prayer and then faced the people and said, "While a man was driving a cow, he suddenly rode over it and beat it. The cow said, "We have not been created for this, but we have been created for sloughing." On that the people said astonishingly, "Glorified be Allah! A cow speaks!" The Prophet said, "I believe this, and Abu Bakr and `Umar too, believe it, although neither of them was present there. While a person was amongst his sheep, a wolf attacked and took one of the sheep. The man chased the wolf till he saved it from the wolf, where upon the wolf said, 'You have saved it from me; but who will guard it on the day of the wild beasts when there will be no shepherd to guard them except me (because of riots and afflictions)? ' " The people said surprisingly, "Glorified be Allah! A wolf speaks!" The Prophet said, "But I believe this, and Abu Bakr and `Umar too, believe this, although neither of them was present there." (See the Foot-note of page No. 10 Vol.5)

When Allah's Apostle was healthy, he used to say, "No prophet dies till he is shown his place in Paradise, and then he is given the option (to live or die)." So when death approached him(during his illness), and while his head was on my thigh, he became unconscious for a while, and when he recovered, he fixed his eyes on the ceiling and said, "O Allah! (Let me join) the Highest Companions (see Qur'an 4:69)," I said, "So, he does not choose us." Then I realized that it was the application of the statement he used to relate to us when he was healthy. So that was his last utterance (before he died), i.e. "O Allah! (Let me join) the Highest Companions."

Maymun al-Makki said: that he saw Abdullah ibn az-Zubayr leading in prayer. He pointed with his hands (i.e. raised his hands opposite to the shoulders) when he stood up, when he bowed and when he prostrated, and when he got up after prostration, he pointed with his hands (i.e. raised his hands).

The I went to Ibn Abbas and said (to him) I saw Ibn az-Zubayr praying that I never saw anyone praying. I then told him about the pointing with his hands (raising his hands). He said: If you like to see the prayer of the Messenger of Allah (saws) follower the prayer as offered by Abdullah ibn az-Zubayr.

When the Messenger of Allah (saws) stood for offering the obligatory prayer, he uttered the takbir (Allah is most great) and raised his hands opposite to his shoulders; and he did like that when he finished recitation (of the Qur'an) and was about to bow; and he did like that when he rose after bowing; and he did not raise his hands in his prayer while he was in his sitting position.

When he stood up from his prostrations (at the end of two rak'ahs), he raised his hands likewise and uttered the takbir (Allah is most great) and raised his hands so as to bring them up to his shoulders, as he uttered the takbir in the beginning of the prayer.

The Messenger of Allah (saws) recited surah Sad on the pulpit. When he reached the place of prostration (in the surah), he descended and prostrated himself and the people prostrated with him. When the next day came, he recited it. When he reached the place of prostration (in the surah), the people became ready for prostration. Thereupon the Messenger of Allah (saws) said: This is the repentance of a Prophet ; but I saw you being ready for prostration. So he descended and prostrated himself and the people prostrated along with him.

Allah's Apostle said, "When night falls (or when it is evening), stop your children from going out, for the devils spread out at that time. But when an hour of the night has passed, release them and close the doors and mention Allah's Name, for Satan does not open a closed door. Tie the mouth of your waterskin and mention Allah's Name; cover your containers and utensils and mention Allah's Name. Cover them even by placing something across it, and extinguish your lamps. "

`Imran bin Husain and I offered the prayer behind `Ali bin Abi Talib. When `Ali prostrated, he said the Takbir, when he raised his head, he said the Takbir and when he got up for the third rak`a he said the Takbir. On completion of the prayer `Imran took my hand and said, "This (i.e. `Ali) made me remember the prayer of Muhammad" Or he said, "He led us in a prayer like that of Muhammad."

Abu Sufyan said, "Heraclius sent for me when I was in 'llya' (i.e. Jerusalem). Then he asked for the letter of Allah's Apostle and when he had finished its reading there was a great hue and cry around him and the voices grew louder and we were asked to quit the place. When we were turned out, I said to my companions, 'The cause of Ibn Abi Kabsha has become conspicuous as the King of Bani Al- Asfar is afraid of him.' "

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.

When my vindication came down, the Prophet (saws) mounted the pulpit and mentioned that, and recited the Qur'an. Then when he came down from the pulpit he ordered regarding the two men and the woman, and they were given the prescribed punishment.