Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, "We think that you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks confusedly, and when he talks confusedly, he lies." (80 lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine.

For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): 'O you who believe! Qisas is prescribed for you in case of murder, .....(up to) ...end of the Verse. (2.178) Ibn `Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn `Abbas added: The Verse: 'Then the relatives should demand Blood-money in a reasonable manner.' (2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab and AIi ibn Abi Talib and Abu Hurayra were asked about a man who had intercourse with his wife while he was in ihram on hajj. They said, "The two of them should carry on and complete their hajj. Then they must do hajj again in another year, and sacrifice an animal."

Malik added that AIi ibn Abi Talib said, "When they then go into ihram for hajj in a future year they should keep apart until they have completed their hajj."

Abu Sa`id bin Malik Al-Khudri returned from a journey and his family offered him some meat of sacrifices offered at `Id ul Adha. On that he said, "I will not eat it before asking (whether it is allowed)." He went to his maternal brother, Qatada bin N i 'man, who was one of the Badr warriors, and asked him about it. Qatada said, "After your departure, an order was issued by the Prophet cancelling the prohibition of eating sacrifices after three days."

He (Abu Hurayrah) said: I heard my friend AbulQasim (saws) say: On the Day of Resurrection Allah will raise martyrs from the mosque of al-Ashshar, who will be the only ones to rise with the martyrs of Badr.

Abu Dawud said: This mosque is near the river.

The Messenger of Allah (saws) recited - Yahya (sub narrator) said: Sometimes al-Miswar said: I prayed along with the Messenger of Allah (saws) and witnessed that he recited - the Qur'an during the prayer and omitted something (i.e. some verses inadvertently) which he did not recite.

A man said to him: Messenger of Allah, you omitted such-and-such verse. The Messenger of Allah (saws) said: Why did you not remind me of it?

The narrator Sulayman said in his version: He (the man) said: I thought that it (the verse) was repealed.

"The Messenger of Allah (saws) arranged for the Mudammar among horses to race from Al-Hafiya' to Thaniyyah Al-Wada', between which was a distance of six miles. And for whatever horse was not among the Mudammar, they raced from Thaniya Al-Wada' to the Masjid of Banu Zuraiq, between which was a distance of a mile. I was among those who raced, and my horse jumped along with me over a wall."

[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah, Jabir, Anas, and 'Aishah. This Hadith is Hasan Sahih Gharib as a narration of Ath-Thawri.

Abu Al-Khair said, "As-Sanabih, I asked (me), 'When did you migrate?' I (i.e. Abu Al-Khair) said, 'We went out from Yemen as emigrants and arrived at Al-Juhfa, and there came a rider whom I asked about the news. The rider said: We buried the Prophet five days ago." I asked (As-Sanabihi), 'Did you hear anything about the night of Qadr?' He replied, 'Bilal, the Mu'adh-dhin of the Prophet informed me that it is on one of the seven nights of the last ten days (of Ramadan).

Rifa`a Al-Qurazi divorced his wife irrevocably (i.e. that divorce was the final). Later on `Abdur- Rahman bin Az-Zubair married her after him. She came to the Prophet and said, "O Allah's Apostle! I was Rifa`a's wife and he divorced me thrice, and then I was married to `Abdur-Rahman bin AzZubair, who, by Allah has nothing with him except something like this fringe, O Allah's Apostle," showing a fringe she had taken from her covering sheet. Abu Bakr was sitting with the Prophet while Khalid Ibn Sa`id bin Al-As was sitting at the gate of the room waiting for admission. Khalid started calling Abu Bakr, "O Abu Bakr! Why don't you reprove this lady from what she is openly saying before Allah's Apostle?" Allah's Apostle did nothing except smiling, and then said (to the lady), "Perhaps you want to go back to Rifa`a? No, (it is not possible), unless and until you enjoy the sexual relation with him (`Abdur Rahman), and he enjoys the sexual relation with you."

"The Messenger of Allah (saws) was asked about fat, cheese, and furs, so he said: 'The lawful is what Allah made lawful in His Book, the unlawful is what Allah made unlawful in his Book, and what He was silent about; then it is among that for which He has pardoned.'"

[Abu 'Eisa said:] There is something on this topic from Al-Mughirah, and this Hadith is Gharib, we do not know of it being Marfu' except from this route. Sufyan and others reported it from Sulaiman At-Taimi, from Abu 'Uthman, from Salman as his own saying. It is as if the Mawquf narration is more correct. I asked Al-Bukhari about this Hadith and he said: 'I do not think it is preserved. Sufyan reported it from Sulaiman At-Taimi from Abu 'Uthman, from Salman in Mawquf form.' Al-Bukhari said: "Saif bin Harun is Muqarib (Average) in Hadith, and as for Saif bin Muhammad from 'Asim, his narrations are left."

A man came to the Prophet (saws) and he was wearing a signet-ring of yellow copper. He said to him: How is it that I notice the odour of idols in you? So he threw it away, and came wearing an iron signet ring. He (the Prophet) said: What is it that I see you wearing the adornment of the inhabitants of Hell? So he threw it away. He asked: Messenger of Allah, what material I must use? He said: Make it of silver, but do not weigh it as much as a mithqal,

The narrator Muhammad did not say: " 'Abd Allah b. Muslim," and al-Hasan did not say: "al-Sulami al-Marwazi."

The Prophet (saws) said: One who recites the Qur'an in a loud voice is like one who gives alms openly; and one who recites the Qur'an quietly is one who gives alms secretly.

We came to the Prophet (saws) and asked him for some corn. He said: Go, Umar, and give them. He ascended with us a room upstairs, took a key from his apartment and opened it.

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said that he disapproved of one man lending another food on the provision that he gave it back to him in another city. He said, "Where is the transport?"

I asked `Aisha "What did the Prophet use to do at home?" She said, "He used to work for his family, and when he heard the Adhan (call for the prayer), he would go out."

that he heard Allah's Apostle saying, "(Moses) said, 'Call me not to account for what I forget and be not hard upon me for my affair (with you)' (18.73) the first excuse of Moses was his forgetfulness."

Some Ansari men asked permission from Allah's Apostle saying, "O Allah's Apostle! Allow us not to take the ransom of our nephew Al `Abbas. The Prophet replied, "Do not leave a single Dirham thereof."

Yahya related to me from Malik from Ibn Shihab that Said al- Musayyab told him that people used to be told to eat on the day of Fitr before setting out. Malik said that he did not consider that people had to do that for Adha.

Yahya related to me from Malik that Hisham ibn Urwa said, "I only ever saw my father in front of a funeral procession." He added, "Then he would come to al-Baqi and sit down until the procession passed him."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin, said, "I do not mind whether I pray in the Hijr or in the House." (i.e. praying in the Hijr is the same as praying in the House).

The Prophet set out from Medina with over one thousand of his companions (at the time of the Treaty of Hudaibiya) and when they reached Dhul-Hulaifa, the Prophet garlanded his Hadi and marked it and assumed Ihram for `Umra.

When we would pray behind the Messenger of Allah (saws), we liked to be on his right side. He (the Prophet) would sit turning his face towards us (and back towards the Ka'bah) (saws).

A silken cloth was given as a present to the Prophet . His companions started touching it and admiring its softness. The Prophet said, "Are you admiring its softness? The handkerchiefs of Sa`d bin Mu`adh (in Paradise) are better and softer than it."

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr from A'isha, umm al-muminin, that she took Hafsa ibn Abd ar- Rahman ibn Abi Bakr as-Siddiq into her house when she had entered the third period of her idda. Ibn Shihab said, "That was mentioned to Amra bint Abd ar-Rahman, and she said that Urwa had spoken the truth and people had argued with A'isha about it. They said that Allah, the Blessed, the Exalted, said in His Book, 'Three quru.' A'isha said, 'You spoke the truth. Do you know what quru are? Quru are times of becoming pure after menstruation .' "

I shall always pay one sa'. We used to pay during the lifetime of the Messenger of Allah (saws) one sa' of dried dates or of barley, or of cheese, or of raisins. This is the version of Yahya. Sufyan added in his version: "or one sa' of flour." The narrator Hamid (ibn Yahya) said: The people objected to this (addition); Sufyan then left it.

Abu Dawud said: This addition is a misunderstanding on the part of Ibn Uyainah.

Two men informed me that they went to the Prophet (saws) when he was at the Farewell Pilgrimage while he was distributing the sadaqah and asked him for some of it. He looked us up and down, and seeing that we were robust, he said: If you wish, I shall give you something, but there is nothing spare in it for a rich man or for one who is strong and able to earn a living.

Yahya related to me from Malik from Zayd ibn Aslam from Abd ar- Rahman ibn Abi Said al-Khudri from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not let anyone pass in front of you when you are praying. Repel him as much as you can, and, if he refuses, fight him, for he is only a shaytan."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani that Umar ibn Abd al-Aziz, when writing about wealth that one of his governors had collected unjustly, ordered it to be returned to its owner and zakat to be taken from it for the years that had passed. Then shortly afterwards he revised his order with a message that zakat should only be taken from it once, since it was not wealth in hand.

Yahya related to me from Malik, from Rabia ibn Abi Abd ar-Rahman, from Sulayman ibn Yasar, that the Messenger of Allah, may Allah bless him and grant him peace, sent Abu Rafi and a man of the Ansar to arrange his marriage to Maymuna bint al-Harith, and the Messenger of Allah, may Allah bless him and grant him peace, was in Madina before he had left for umra.

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "Two grandmothers came to Abu Bakr asSiddiq, and he wanted to give the sixth to the one who was from the mother's side, and a man of the Ansar said, 'What? Are you omitting the one from whom he would inherit if she died while he was alive?' Abu Bakr divided the sixth between them.~