Abu Dawud said: It has also been narrated by Abu al-Walid al-Tayalisi, but I did not hear him. He reported it from 'Aishah through a different chain of narrators. 'Aishah said: Zainab daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) said to her: Take bath for every prayer. The narrator then reported the tradition (in full).

Abu Dawud said: The version transmitted by 'Abd al-Samad from Sulaiman b. Kathir has: "Perform ablution for every prayer." This is a misunderstanding on the part of 'Abd al-Samad. The correct version is the one narrated by Abu al-Walid.

Once Allah's Apostle passed by an Ansari (man) who was admonishing his brother regarding Haya'. On that Allah's Apostle said, "Leave him as Haya' is a part of faith." (See Hadith 9)

Musailima Al-Kadhdhab came during the lifetime of the Prophet and started saying, "If Muhammad gives me the rule after him, I will follow him." And he came to Medina with a great number of the people of his tribe. Allah's Apostle went to him in the company of Thabit bin Qais bin Shammas, and at that time, Allah's Apostle had a stick of a date-palm tree in his hand. When he (i.e. the Prophet ) stopped near Musailima while the latter was amidst his companions, he said to him, "If you ask me for this piece (of stick), I will not give it to you, and Allah's Order you cannot avoid, (but you will be destroyed), and if you turn your back from this religion, then Allah will destroy you. And I think you are the same person who was shown to me in my dream, and this is Thabit bin Qais who will answer your questions on my behalf." Then the Prophet went away from him. I asked about the statement of Allah's Apostle : "You seem to be the same person who was shown to me in my dream," and Abu Huraira informed me that Allah's Apostle said, "When I was sleeping, I saw (in a dream) two bangles of gold on my hands and that worried me. And then I was inspired Divinely in the dream that I should blow on them, so I blew on them and both the bangles flew away. And I interpreted it that two liars (who would claim to be prophets) would appear after me. One of them has proved to be Al Ansi and the other, Musailima."

Allah's Apostle said to me, "O `Abdullah! Have I not been informed that you fast during the day and offer prayers all the night." `Abdullah replied, "Yes, O Allah's Apostle!" The Prophet said, "Don't do that; fast for few days and then give it up for few days, offer prayers and also sleep at night, as your body has a right on you, and your wife has a right on you, and your guest has a right on you. And it is sufficient for you to fast three days in a month, as the reward of a good deed is multiplied ten times, so it will be like fasting throughout the year." I insisted (on fasting) and so I was given a hard instruction. I said, "O Allah's Apostle! I have power." The Prophet said, "Fast like the fasting of the Prophet David and do not fast more than that." I said, "How was the fasting of the Prophet of Allah, David?" He said, "Half of the year," (i.e. he used to fast on every alternate day). Afterwards when `Abdullah became old, he used to say, "It would have been better for me if I had accepted the permission of the Prophet (which he gave me i.e. to fast only three days a month).

An ally of Bani Zuhra who took part in the battle of Badr with the Prophet, that he said, "O Allah's Apostle! If I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, 'I have surrendered to Allah (i.e. embraced Islam),' may I kill him after he has said so?" Allah's Apostle said, "Do not kill him." Al- Miqdad said, "But O Allah's Apostle! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?" The Prophet said. "Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence." The Prophet also said to Al-Miqdad, "If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Mecca before."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."

Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her.

We witnessed (the battle of) Khaibar. Allah's Apostle said about one of those who were with him and who claimed to be a Muslim. "This (man) is from the dwellers of the Hell-Fire." When the battle started, that fellow fought so violently and bravely that he received plenty of wounds. Some of the people were about to doubt (the Prophet's statement), but the man, feeling the pain of his wounds, put his hand into his quiver and took out of it, some arrows with which he slaughtered himself (i.e. committed suicide). Then some men amongst the Muslims came hurriedly and said, "O Allah's Apostle! Allah has made your statement true so-and-so has committed suicide. "The Prophet said, "O so-and-so! Get up and make an announcement that none but a believer will enter Paradise and that Allah may support the religion with an unchaste (evil) wicked man.

Abu Dawud said: A similar version has been narrated by Zubaid, ‘Uqail, Yunus, cousin of Al-Zuhri, Ibn Abi-Wazir, on the authority of al-Zuhr, musan, al-Hajabi, like al-Zuhri, narrated on the authority of ‘Urwah from ‘A’ishah, but Hisham b. ‘Urwah narrated from ‘Urwah on the authority of Zainab daughter of Abu Salamah from Umm Salamah saying. Umm Sulaim came to the Messenger of Allah (may peace be upon him).

A man of the tribe of Aslam came to the Prophet (saws) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (saws) was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes. He asked: Do you know what fornication is? He replied: Yes. I have done with her unlawfully what a man may lawfully do with his wife.

He then asked: What do you want from what you have said? He said: I want you to purify me. So he gave orders regarding him and he was stoned to death. Then the Prophet (saws) heard one of his companions saying to another: Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog. He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air.

He asked: Where are so and so? They said: Here we are, Messenger of Allah (saws)! He said: Go down and eat some of this ass's corpse. They replied: Messenger of Allah! Who can eat any of this? He said: The dishonour you have just shown to your brother is more serious than eating some of it. By Him in Whose hand my soul is, he is now among the rivers of Paradise and plunging into them.

We were in Siffin and Sahl bin Hunaif got up and said, "O people! Blame yourselves! We were with the Prophet on the day of Hudaibiya, and if we had been called to fight, we would have fought. But `Umar bin Al Khatab came and said, 'O Allah's Apostle! Aren't we in the right and our opponents in the wrongs' Allah's Apostle said, 'Yes.' `Umar said, 'Aren't our killed persons in Paradise and their's in Hell?' He said, 'Yes.' `Umar said, 'Then why should we accept hard terms in matters concerning our religion? Shall we return before Allah judges between us and them?' Allah's Apostle said, 'O Ibn Al- Khattab! I am the Apostle of Allah and Allah will never degrade me. Then `Umar went to Abu Bakr and told him the same as he had told the Prophet. On that Abu Bakr said (to `Umar). 'He is the Apostle of Allah and Allah will never degrade him.' Then Surat-al-Fath (i.e. Victory) was revealed and Allah's Apostle recited it to the end in front of `Umar. On that `Umar asked, 'O Allah's Apostle! Was it (i.e. the Hudaibiya Treaty) a victory?' Allah's Apostle said, "Yes".

`Ata' said, "Jabir bin `Abdullah said, 'The Prophet went out on the Day of `Id-ul-Fitr and offered the prayer before delivering the Khutba, Ata told me that during the early days of Ibn Az-Zubair, Ibn `Abbas had sent a message to him telling him that the Adhan for the `Id Prayer was never pronounced (in the life time of Allah's Apostle) and the Khutba used to be delivered after the prayer. Ata told me that Ibn `Abbas and Jabir bin `Abdullah, had said, "There was no Adhan for the prayer of `Id-ul-Fitr and `Id-ul-Aqha." `Ata' said, "I heard Jabir bin `Abdullah saying, 'The Prophet stood up and started with the prayer, and after it he delivered the Khutba. When the Prophet of Allah (p.b.u.h) finished (the Khutba), he went to the women and preached to them, while he was leaning on Bilal's hand. Bilal was spreading his garment and the ladies were putting alms in it.' " I said to Ata, "Do you think it incumbent upon an Imam to go to the women and preach to them after finishing the prayer and Khutba?" `Ata' said, "No doubt it is incumbent on Imams to do so, and why should they not do so?"

AbuBarzah said: I was with AbuBakr. He became angry at a man and uttered hot words. I said: Do you permit me, Caliph of the Messenger of Allah (saws), that I cut off his neck? These words of mine removed his anger; he stood and went in. He then sent for me and said: What did you say just now? I said: (I had said:) Permit me that I cut off his neck. He said: Would you do it if I ordered you? I said: Yes. He said: No, I swear by Allah, this is not allowed for any man after Muhammad (saws).

Abu Dawud said: This is Yazid's version. Ahmad bin Hanbal said: That is, Abu Bakr has no powers to slay a man except for three reasons which the Messenger of Allah (saws) had mentioned: disbelief after belief, fornication after marriage, or killing a man without (murdering) any man by him. The Prophet (saws) had powers to kill.

`Umar bin Al-Khattab departed for Sham and when he reached Sargh, the commanders of the (Muslim) army, Abu 'Ubaida bin Al-Jarrah and his companions met him and told him that an epidemic had broken out in Sham. `Umar said, "Call for me the early emigrants." So `Umar called them, consulted them and informed them that an epidemic had broken out in Sham. Those people differed in their opinions. Some of them said, "We have come out for a purpose and we do not think that it is proper to give it up," while others said (to `Umar), "You have along with you. other people and the companions of Allah's Apostle so do not advise that we take them to this epidemic." `Umar said to them, "Leave me now." Then he said, "Call the Ansar for me." I called them and he consulted them and they followed the way of the emigrants and differed as they did. He then said to them, Leave me now," and added, "Call for me the old people of Quraish who emigrated in the year of the Conquest of Mecca." I called them and they gave a unanimous opinion saying, "We advise that you should return with the people and do not take them to that (place) of epidemic." So `Umar made an announcement, "I will ride back to Medina in the morning, so you should do the same." Abu 'Ubaida bin Al-Jarrah said (to `Umar), "Are you running away from what Allah had ordained?" `Umar said, "Would that someone else had said such a thing, O Abu 'Ubaida! Yes, we are running from what Allah had ordained to what Allah has ordained. Don't you agree that if you had camels that went down a valley having two places, one green and the other dry, you would graze them on the green one only if Allah had ordained that, and you would graze them on the dry one only if Allah had ordained that?" At that time `Abdur-Rahman bin `Auf, who had been absent because of some job, came and said, "I have some knowledge about this. I have heard Allah's Apostle saying, 'If you hear about it (an outbreak of plague) in a land, do not go to it; but if plague breaks out in a country where you are staying, do not run away from it.' " `Umar thanked Allah and returned to Medina.

Muhammad said, I heard Alī bin Shaqīq saying, I heard Abd Allah bin al-Mubārak saying in front of the people: ‘Abandon the Ḥadīth of Amr bin Thābit for indeed he would curse the Salaf [i.e., the Companions, may Allah be pleased with them]’.

One morning we saw the wives of the Prophet weeping, and everyone of them had her family with her, I went to the mosque and found that it was crowded with people. Then `Umar bin Al-Khattab came and went up to the Prophet who was in his upper room. He greeted him but nobody answered. He greeted again, but nobody answered. Then the gatekeeper called him and he entered upon the Prophet, and asked, "Have you divorced your wives?" The Prophet, said, "No, but I have taken an oath not to go to them for one month." So the Prophet stayed away (from his wives) for twenty nine days and then entered upon them.

The commencement of (the Divine Inspirations to) Allah's Apostle was in the form of true dreams. The Angel came to him and said, "Read! In the Name of your Lord Who has created all exists), has created man from a clot. Read! And your Lord is Most Generous, Who has taught (the writing) by the pen. (96.1-4)

A man kissed a woman and then came to Allah's Apostle and told him of that, so this Divine Inspiration was revealed to the Prophet 'And offer Prayers perfectly at the two ends of the day, and in some hours of the night; (i.e. (five) compulsory prayers). Verily, the good deeds remove the evil deeds (small sins) That is a reminder for the mindful.' (11.114) The man said, Is this instruction for me only?' The Prophet said, "It is for all those of my followers who encounter a similar situation."

A man emancipated his share in a slave. The Prophet (saws) allowed his (full) emancipation, and required him to pay the rest of his price.

Abu Talha had the greatest wealth of date-palms amongst the Ansar in Medina, and he prized above all his wealth (his garden) Bairuha', which was situated opposite the Mosque (of the Prophet ). The Prophet used to enter It and drink from its fresh water. When the following Divine Verse came:-- "By no means shall you attain piety until you spend of what you love," (3.92) Abu Talha got up saying. "O Allah's Apostle! Allah says, 'You will not attain piety until you spend of what you love,' and I prize above al I my wealth, Bairuha' which I want to give in charity for Allah's Sake, hoping for its reward from Allah. So you can use it as Allah directs you." On that the Prophet said, "Bravo! It is a profitable (or perishable) property. (Ibn Maslama is not sure as to which word is right, i.e. profitable or perishable.) I have heard what you have said, and I recommend that you distribute this amongst your relatives." On that Abu Talha said, "O Allah's Apostle! I will do (as you have suggested)." So, Abu Talha distributed that garden amongst his relatives and cousins.

Abu Talha had the largest number of datepalms from amongst the Ansars of Medina. The dearest of his property to him was Bairuha garden which was facing the (Prophet's) Mosque. Allah's Apostle used to enter it and drink of its good fresh water. When the Holy Verse:-- 'By no means shall you attain righteousness unless you spend (in charity) of that which you love.' (3.92) was revealed, Abu Talha got up and said, "O Allah's Apostle! Allah says: By no means shall you attain righteousness unless you spend of that which you love,' and the dearest of my property to me is the Bairuha garden and I want to give it in charity in Allah's Cause, seeking to be rewarded by Allah for that. So you can spend it, O Allah's Apostle, where-ever Allah instructs you. ' Allah s Apostle said, "Good! That is a perishable (or profitable) wealth" (`Abdullah is in doubt as to which word was used.) He said, "I have heard what you have said but in my opinion you'd better give it to your kith and kin." On that Abu Talha said, "I will do so, O Allah's Apostle!" Abu Talha distributed that garden among his kith and kin and cousins.