Aisha said, "the Prophet used to practice I`tikaf in the last ten days of Ramadan and I used to pitch a tent for him, and after offering the morning prayer, he used to enter the tent." Hafsa asked the permission of `Aisha to pitch a tent for her and she allowed her and she pitched her tent. When Zainab bint Jahsh saw it, she pitched another tent. In the morning the Prophet noticed the tents. He said, 'What is this?" He was told of the whole situation. Then the Prophet said, "Do you think that they intended to do righteousness by doing this?" He therefore abandoned the I`tikaf in that month and practiced I`tikaf for ten days in the month of Shawwal."

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

That the Messenger of Allah (saws): "A riding animal can be ridden while it is pawned, and a milking animal can be milked while it is pawned, and it is up to the one riding and drinking (the milk) to maintain it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

We do now know of it being Marfu' except by the narration of 'Amir Ash-Sha'bi from Abu Hurairah. Others have reported this Hadith from Al-A'mash, from Abu Salih, from Abu Hurairah in Mawquf form.

This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

Some of the people of knowledge said that one may not benefit in any way from what is pawned.

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

The Prophet said, "(There are) three (types of persons to whom) Allah will neither speak to them on the Day of Resurrections, nor look at them (They are):--(1) a man who takes a false oath that he has been offered for a commodity a price greater than what he has actually been offered; (2) and a man who takes a false oath after the `Asr (prayer) in order to grab the property of a Muslim through it; (3) and a man who forbids others to use the remaining superfluous water. To such a man Allah will say on the Day of Resurrection, 'Today I withhold My Blessings from you as you withheld the superfluous part of that (water) which your hands did not create.' "

While I was with `Uthman, a man came to him and said, "Appoint your successor." `Uthman said, "Has such successor been named?" He replied, "Yes, Az-Zubair." `Uthman said, thrice, "By Allah! Indeed you know that he is the best of you."

Ar-Rubai (the paternal aunt of Anas bin Malik) broke the incisor tooth of young Ansari girl. Her family demanded the Qisas and they came to the Prophet who passed the judgment of Qisas. Anas bin An-Nadr (the paternal uncle of Anas bin Malik) said, "O Allah's Apostle! By Allah, her tooth will not be broken." The Prophet said, "O Anas! (The law prescribed in) Allah's Book is Qisas." But the people (i.e. the relatives of the girl) gave up their claim and accepted a compensation. On that Allah's Apostle said, "Some of Allah's worshippers are such that if they take an oath, Allah will fulfill it for them."

Yahya related to me from Malik from Ismail from Ibn Abi Hakim that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, heard a woman praying at night. He said, "Who is that?" and someone said to him,"It is al-Hawla bint Tuwayt, she does not sleep in the night." The Messenger of Allah, may Allah bless him and grant him peace, disapproved of that and his disapproval showed in his face. Then he said, "Allah, the Blessed and Exalted, does not become weary, but you become weary. Take on whatever is within your capability."

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 he had heard that Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do not forbid the female slaves of Allah from (going into) the mosques of Allah.' "

When the Messenger of Allah (saws) intended to get up from the assembly he used to say in the last. Glory be to Thee. O Allah, and I begin with praise of Thee, I testify that there is no god but Thou; I ask Thy pardon, and return to Thee in repentance. The man asked: Messenger of Allah! you utter the words now which you did not do in the past? He replied: (This is an) atonement for what takes place in the assembly.

A man peeped through a round hole into the dwelling place of the Prophet, while the Prophet had a Midray (an iron comb) with which he was scratching his head. the Prophet said, " Had known you were looking (through the hole), I would have pierced your eye with it (i.e., the comb)." Verily! The order of taking permission to enter has been enjoined because of that sight, (that one should not look unlawfully at the state of others). (See Hadith No. 807, Vol. 7)

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman . He said, "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

A man was killed in the lifetime of the Prophet (saws). The matter was brought to the Prophet (saws). He entrusted him to the legal guardian of the slain. The slayer said: Messenger of Allah, I swear by Allah, I did not intend to kill him. The Messenger of Allah (saws) said to the legal guardian: Now if he is true and you kill him, you will enter Hell-fire. So he let him go. His hands were tied with a strap. He came out pulling his strap. Hence he was called Dhu an-Nis'ah (possessor of strap).

Yahya related to me from Malik that Zayd ibn Aslam said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for a rest one night on the way to Makka and appointed Bilal to wake them up for the prayer. Bilal slept and everyone else slept and none of them woke up until the sun had risen. When they did wake up they were all alarmed. The Messenger of Allah, may Allah bless him and grant him peace, ordered them to ride out of the valley, saying that there was a shaytan in it. So they rode out of the valley and the Messenger of Allah, may Allah bless him and grant him peace, ordered them to dismount and do wudu and he told Bilal either to call the prayer or to give the iqama. The Messenger of Allah, may Allah bless him and grant him peace, then led them in the prayer. Noticing their uneasiness, he went to them and said, 'O people! Allah seized our spirits (arwah) and if He had wished He would have returned them to us at a time other than this. So if you sleep through the time for a prayer or forget it and then are anxious about it, pray it as if you were praying it in its time.' The Messenger of Allah, may Allah bless him and grant him peace, turned to Abu Bakr and said, 'Shaytan came to Bilal when he was standing in prayer and made him lie down and lulled him to sleep like a small boy.' The Messenger of Allah, may Allah bless him and grant him peace, then called Bilal and told him the same as he had told Abu Bakr. Abu Bakr declared, 'I bear witness that you are the Messenger of Allah.' "

A thief's hand was not cut off for stealing something worth less than the price of a shield, whether a Turs or Hajafa (two kinds of shields), each of which was worth a (respectable) price.

On his father's authority, said that his grandfather 'Abd Allah b. 'Amr reported the Messenger of Allah (saws) as saying: The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor profit arising from something which is not in one's charge, nor selling what is not in your possession.

About the Qur'anic verse: "It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them. When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter.

While I was going along with Allah's Apostle who was wearing a Najrani Burd (sheet) with a thick border, a bedouin overtook the Prophet and pulled his Rida' (sheet) forcibly. I looked at the side of the shoulder of the Prophet and noticed that the edge of the Rida' had left a mark on it because of the violence of his pull. The bedouin said, "O Muhammad! Order for me some of Allah's property which you have." The Prophet turned towards him, (smiled) and ordered that he be given something.

AbuLabid said: We were with AbdurRahman ibn Samurah ibn Kabul. The people got booty and plundered it. He stood and addressed (the people): I heard the Messenger of Allah (saws) prohibiting getting property from the booty before its distribution. Therefore, they returned what they had taken, He then distributed it among them.

When the Messenger of Allah (saws) was travelling and night came on, he said: O earth, my Lord and your Lord is Allah; I seek refuge in Allah from your evil, the evil of what you contain, the evil of what has been created in you, and the evil of what creeps upon you; I seek refuge in Allah from lions, from large black snakes, from other snakes, from scorpions, from the evil of jinn which inhabit a settlement, and from a parent and his offspring.

A man came and asked Allah's Apostle about picking a lost thing. The Prophet said, "Remember the description of its container and the string it is tied with, and make public announcement about it for one year. If the owner shows up, give it to him; otherwise, do whatever you like with it." He then asked, "What about a lost sheep?" The Prophet said, "It is for you, for your brother (i.e. its owner), or for the wolf." He further asked, "What about a lost camel?" The Prophet said, "It is none of your concern. It has its water-container (reservoir) and its feet, and it will reach water and drink it and eat the trees till its owner finds it."

Yahya related to me from Malik that Yahya ibn Said said that he had heard that when Abu Bakr as-Siddiq was ill he asked A'isha, "How many shrouds did the Messenger of Allah, may Allah bless him and grant him peace, have?" and she replied, "Three pure white cotton garments." Abu Bakr said, "Take this garment (a garment he was wearing on which red clay or saffron had fallen) and wash it. Then shroud me in it with two other garments." A'isha said, "Why's that?", and Abu Bakr replied, "The living have greater need of the new than the dead. This is only for the body fluids that come out as the body decays."

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

I was with Ibn `Umar when a spear head pierced the sole of his foot and his foot stuck to the paddle of the saddle and I got down and pulled his foot out, and that happened in Mina. Al-Hajjaj got the news and came to inquire about his health and said, "Alas! If we could only know the man who wounded you!" Ibn `Umar said, "You are the one who wounded me." Al-Hajjaj said, "How is that?" Ibn `Umar said, "You have allowed the arms to be carried on a day on which nobody used to carry them and you allowed arms to be carried in the Haram even though it was not allowed before."

Abu Dawud said: Malik, al-Zubaidi and others have narrated so that they form the last words from al-Zuhri on the authority of ‘Ali b, Husain. And this is supported by the version reported by ‘Abd al-A’la from Ma’mar and SHu’aib b. Abi Hamzah on the authority of Al-Zuhri.

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

My uncle Zuhair said, "Allah's Apostle forbade us to do a thing which was a source of help to us." I said, "Whatever Allah's Apostle said was right." He said, "Allah's Apostle sent for me and asked, 'What are you doing with your farms?' I replied, 'We give our farms on rent on the basis that we get the yield produced at the banks of the water streams (rivers) for the rent, or rent it for some Wasqs of barley and dates.' Allah's Apostle said, 'Do not do so, but cultivate (the land) yourselves or let it be cultivated by others gratis, or keep it uncultivated.' I said, 'We hear and obey.'

Yahya related to me from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, was brought a drink and he drank some of it. There was a boy at his right and some old men on his left. He said to the boy, "Will you give me permission to give it to these people?" The boy said, "No, Messenger of Allah, I will not prefer anyone to get my portion from you." He said, "So the Messenger of Allah, may Allah bless him and grant him peace, placed it in his hand."

That his father said "We proceeded with the Prophet in the year of Al-Hudaibiya and his companions assumed Ihram but I did not. We were informed that some enemies were at Ghaiqa and so we went on towards them. My companions saw an onager and some of them started laughing among themselves. I looked and saw it. I chased it with my horse and stabbed and caught it. I wanted some help from my companions but they refused. (I slaughtered it all alone). We all ate from it (i.e. its meat). Then I followed Allah's Apostle lest we should be left behind. At times I urged my horse to run at a galloping speed and at other times at an ordinary slow speed. On the way I met a man from the tribe of Bani Ghifar at midnight. I asked him where he had left Allah's Apostle . The man replied that he had left the Prophet at a place called Ta'hun and he had the intention of having the midday rest at As-Suqya. So, I followed Allah's Apostle till I reached him and said, "O Allah's Apostle! I have been sent by my companions who send you their greetings and compliments and ask for Allah's Mercy and Blessings upon you. They were afraid lest the enemy might intervene between you and them; so please wait for them." So he did. Then I said, "O Allah's Apostle! We have hunted an onager and have some of it (i.e. its meat) left over." Allah's Apostle told his companions to eat the meat although all of them were in a state of Ihram."

Once the Prophet fell ill and did not offer the night prayer (Tahajjud prayer) for a night or two. A woman (the wife of Abu Lahab) came to him and said, "O Muhammad ! I do not see but that your Satan has left you." Then Allah revealed (Surat-Ad-Duha): 'By the fore-noon, and by the night when it darkens (or is still); Your Lord has not forsaken you, nor hated you.' (93)

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet made a treaty, and neither did the Prophet fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

Someone said to Usama, "Will you not talk to this (Uthman)?" Usama said, "I talked to him (secretly) without being the first man to open an evil door. I will never tell a ruler who rules over two men or more that he is good after I heard Allah's Apostle saying, 'A man will be brought and put in Hell (Fire) and he will circumambulate (go around and round) in Hell (Fire) like a donkey of a (flour) grinding mill, and all the people of Hell (Fire) will gather around him and will say to him, O so-and-so! Didn't you use to order others for good and forbid them from evil?' That man will say, 'I used to order others to do good but I myself never used to do it, and I used to forbid others from evil while I myself used to do evil.' "

Um Sulaim said, "O Allah's Apostle! Verily Allah is not shy of (telling you) the truth. Is it essential for a woman to take a bath after she had a wet dream (nocturnal sexual discharge)?" He said, "Yes, if she notices discharge. On that Um Salama laughed and said, "Does a woman get a (nocturnal sexual) discharge?" He said, "How then does (her) son resemble her (his mother)?"

Yahya said that Malik spoke about a man who made a qirad loan to a man and he bought wares with it and transported them to a commercial centre. It was not profitable to sell them and the agent feared a loss if he sold them, so he hired transport to take them to another city, and he sold them there and made a loss, and the cost of the hire was greater than the principal.

Malik said, "If the agent can pay the cost of the hire from what the capital realized, his way is that. Whatever portion of the hire is not covered by the principal, the agent must pay it. The investor is not answerable for any of it. That is because the investor only ordered him to trade with the principal. The investor is not answerable for other than the principal. Had the investor been liable, it would have been an additional loss to him on top of the principal which he invested. The agent cannot put that on to the investor."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to do tayammum up to his elbows.

Malik was asked about how tayammum was done and what parts were covered and he said, "Strike the ground once for the face and once for the arms and wipe them to the elbows."