Yahya related to me from Malik from Yahya ibn Said that he had heard that on the day after the day of sacrifice Umar ibn al-Khattab went out a little after the sun had risen and said the takbir, and everyone repeated it after him. Then he went out a second time the same day when the sun was well up and said the takbir, and everyone repeated it after him. Then he went out a third time after mid-day and said the takbir, and everyone repeated it after him until it resounded from group to group until it reached the House and people knew that Umar had left to throw the stones.

Malik said, "What we do here (in Madina) is to say the takbir during the days of tashriq after each prayer. The first time is when the imam and everyone with him says the takbir after the dhuhr prayer on the day of sacrifice, and the last is when the imam and everyone with him says the takbir after subh on the last of the days of tashriq, after which he stops saying the takbir."

Malik said, "The takbirs during the days of tashriq should be done by both men and women, whether they are in a group or by themselves, at Mina or elsewhere, and all of the takbirs should be done. In this everyone follows the imam of the hajj and the people at Mina, because when everyone returns (to Makka) and comes out of ihram they keep the same people as imams while out of ihram (as they did when they were in ihram). Some one who is not doing hajj does not follow them except for the takbirs during the days of tashriq."

Malik said, "The 'limited number of days' are the days of tashriq."

AbuUmayr reported on the authority of his uncle who was from the Ansar (the helpers of the Prophet): The Prophet (saws) was anxious as to how to gather the people for prayer.

The people told him: Hoist a flag at the time of prayer; when they see it, they will inform one another. But he (the Prophet) did not like it. Then someone mentioned to him the horn.

Ziyad said: A horn of the Jews. He (the Prophet) did not like it. He said: This is the matter of the Jews. Then they mentioned to him the bell of the Christians. He said: This is the matter of the Christians. Abdullah ibn Zayd returned anxiously from there because of the anxiety of the Apostle (saws). He was then taught the call to prayer in his dream. Next day he came to the Messenger of Allah (saws) and informed him about it.

He said: Messenger of Allah, I was between sleep and wakefulness; all of a sudden a newcomer came (to me) and taught me the call to prayer. Umar ibn al-Khattab had also seen it in his dream before, but he kept it hidden for twenty days.

The Prophet (saws) said to me (Umar): What did prevent you from saying it to me?

He said: Abdullah ibn Zayd had already told you about it before me: hence I was ashamed.

Then the Messenger of Allah (saws) said: Bilal, stand up, see what Abdullah ibn Zayd tells you (to do), then do it. Bilal then called them to prayer.

AbuBishr reported on the authority of AbuUmayr: The Ansar thought that if Abdullah ibn Zayd had not been ill on that day, the Messenger of Allah (saws) would have made him mu'adhdhin.

Abu Bakr bought a (camel's) saddle from `Azib, and I carried it for him. `Azib (i.e. my father) asked Abu Bakr regarding the journey of the migration of Allah's Apostle. Abu Bakr said, "Close observers were appointed by our enemies to watch us. So we went out at night and travelled throughout the night and the following day till it was noon, then we perceived a rock and went towards it, and there was some shade under it. I spread a cloak I had with me for Allah's Apostle and then the Prophet layed on it. I went out to guard him and all of a sudden I saw a shepherd coming with his sheep looking for the same, the shade of the rock as we did, I asked him, 'O boy, to whom do you belong?' He replied, 'I belong to so-and-so.' I asked him, 'Is there some milk in your sheep?' He replied in the affirmative. I asked him, 'Will you milk?' He replied in the affirmative. Then he got hold of one of his sheep. I said to him, 'Remove the dust from its udder.' Then he milked a little milk. I had a water-skin with me which was tied with a piece of cloth. I had prepared the water-skin for Allah's Apostle . So I poured some water over the milk (container) till its bottom became cold. Then I brought the milk to the Prophet and said, 'Drink, O Allah's Apostle.' Allah's Apostle drank till I became pleased. Then we departed and the pursuers were following us."

Abu Dawud said: This tradition has been transmitted from al-Zuhri by Ma'mar, Malik, Ibn 'Uyainah, Shu'aib b. Abi Hamzah, and al-Laith b. Sa'd and others; but they did not mention the time in which he (the Prophet) had prayer, nor did they explain it. And similarly it has been narrated by Hisham b. 'Urwah and Habib b. Abu Mazruq from 'Urwah like the report of Ma'mar and his companions. But Habib did not make a mention of Bashir. And Wahb b. Kaisan reported on the authority of Jabir from the Prophet (saws) the time of the Maghrib prayer. He said: "Next day he (Gabriel) came to him at the time of the Maghrib prayer when the sun had already set. (He came both days) at the same time."

Abu Dawud said: Similarly, this tradition has been transmitted by Abu Hurairah from the Prophet (saws). He said: "Then he (Gabriel) led me in the sunset prayer next day at the same time."

Similarly, this tradition has been narrated through a different chain by 'Abd Allah b. 'Amr b. al-'As, through a chain from Hassan b. 'Atiyyah, from 'Amr b. Shu'aib, from his father, on the authority from the Prophet (saws).

Uyaynah ibn Hisn and Aqra' ibn Habis came to the Messenger of Allah (saws). They begged from him. He commanded to give them what they begged. He ordered Mu'awiyah to write a document to give what they begged. Aqra' took his document, wrapped it in his turban, and went away.

As for Uyaynah, he took his document and came to the Prophet (saws) at his home, and said to him: Muhammad, do you see me? I am taking a document to my people, but I do not know what it contains, just like the document of al-Mutalammis. Mu'awiyah informed the Messenger of Allah (saws) of his statement.

Thereupon the Messenger of Allah (saws) said: He who begs (from people) when he has sufficient is simply asking for a large amount of Hell-fire. (An-Nufayl (a transmitter) said elsewhere: "embers of Hell".)

They asked: Messenger of Allah, what is a sufficiency? (Elsewhere an-Nufayl said: What is a sufficiency which makes begging unfitting?)

He replied: It is that which would provide a morning and an evening meal. (Elsewhere an-Nufayl said: It is when one has enough for a day and night, or for a night and a day.) He (an-Nufayl) narrated to us this tradition briefly in the words that I have mentioned.

Malik related to me from Nafi that Abdullah ibn Umar said, "The Jews came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned to him that a man and woman from among them had committed adultery. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'What do you find in the Torah about stoning?' They said, 'We make their wrong action known and flog them.' Abdullah ibn Salam said, 'You have lied! It has stoning for it, so bring the Torah.' They spread it out and one of them placed his hand over the ayat of stoning. Then he read what was before it and what was after it. Abdullah ibn Salam told him to lift his hand. He lifted his hand and there was the ayat of stoning. They said, 'He has spoken the truth, Muhammad. The ayat of stoning is in it.' So the Messenger of Allah, may Allah bless him and grant him peace, gave the order and they were stoned . "

Abdullah ibn Umar added, "I saw the man leaning over the woman to protect her from the stones."

Malik commented, "By leaning he meant throwing himself over her so that the stones fell on him."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

When Abu Talib was on his death bed, Allah's Apostle came to him and found with him, Abu Jahl and `Abdullah bin Abi Umaiya bin Al-Mughira. Allah's Apostle said, "O uncle! Say: None has the right to be worshipped except Allah, a sentence with which I will defend you before Allah." On that Abu Jahl and `Abdullah bin Abi Umaiya said to Abu Talib, "Will you now leave the religion of `Abdul Muttalib?" Allah's Apostle kept on inviting him to say that sentence while the other two kept on repeating their sentence before him till Abu Talib said as the last thing he said to them, "I am on the religion of `Abdul Muttalib," and refused to say: None has the right to be worshipped except Allah. On that Allah's Apostle said, "By Allah, I will keep on asking Allah's forgiveness for you unless I am forbidden (by Allah) to do so." So Allah revealed:-- 'It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans.' (9.113) And then Allah revealed especially about Abu Talib:--'Verily! You (O, Muhammad) guide not whom you like, but Allah guides whom He will.' (28.56)

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha said, "I came to Makka at the time of my period so I did not do tawaf of the House or go between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do what the people doing hajj do except do not do tawaf of the House and go between Safa and Marwa until you are pure.' "

Malik said, concerning a woman who entered ihram for umra at the time of hajj, and she arrived in Makka during her period and so could not do tawaf of the House, "When she fears that the time (for hajj) is getting close, she gets into ihram for the hajj and sacrifices an animal. She is like someone who combines the hajj and the umra. One tawaf is enough for her. If a women starts her period after she has already done tawaf of the House and prayed, she does say between Safa and Marwa and stops at Arafa and Muzdalifa and stones the jamras but she does not do the tawaf al-ifada until she is pure and has finished her menses."

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me, and I asked him again and he gave me and said, 'O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand." Hakim added, "I said, O Allah's Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die." Afterwards Abu Bakr used to call Hakim to give him something but he refused to accept anything from him. Then `Umar called him to give him (something) but he refused. Then `Umar said, "O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it." Thus Hakim did not ask anybody for anything after the Prophet, till he died--may Allah bestow His mercy upon him.

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me. I asked him again, and he gave me, and said to me. 'O Hakim! This wealth is like green sweet (i.e. fruit), and if one takes it without greed, then one is blessed in it, and if one takes it with greediness, then one is not blessed in it, and will be like the one who eats without satisfaction. And an upper (i.e. giving) hand is better than a lower (i.e. taking) hand,' I said, 'O Allah's Apostle! By Him Who has sent you with the Truth. I will not ask anyone for anything after you till I leave this world." So, when Abu Bakr during his Caliphate, called Hakim to give him (some money), Hakim refused to accept anything from him. Once `Umar called him (during his Caliphate) in order to give him something, but Hakim refused to accept it, whereupon `Umar said, "O Muslims! I give him (i.e. Hakim) his right which Allah has assigned to him) from this Fai '(booty), but he refuses to take it." So Hakim never took anything from anybody after the Prophet till he died.

That she asked the Prophet , 'Have you encountered a day harder than the day of the battle) of Uhud?" The Prophet replied, "Your tribes have troubled me a lot, and the worse trouble was the trouble on the day of 'Aqaba when I presented myself to Ibn `Abd-Yalail bin `Abd-Kulal and he did not respond to my demand. So I departed, overwhelmed with excessive sorrow, and proceeded on, and could not relax till I found myself at Qarnath-Tha-alib where I lifted my head towards the sky to see a cloud shading me unexpectedly. I looked up and saw Gabriel in it. He called me saying, 'Allah has heard your people's saying to you, and what they have replied back to you, Allah has sent the Angel of the Mountains to you so that you may order him to do whatever you wish to these people.' The Angel of the Mountains called and greeted me, and then said, "O Muhammad! Order what you wish. If you like, I will let Al-Akh-Shabain (i.e. two mountains) fall on them." The Prophet said, "No but I hope that Allah will let them beget children who will worship Allah Alone, and will worship None besides Him."

We went out with Allah's Apostle on one of his journeys till we reached Al-Baida or Dhatul-Jaish where my necklace got broken (and lost). Allah's Apostle stopped to search for it and the people too stopped with him. There was no water at that place and they had no water with them. So they went to Abu Bakr and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people stop where there is no water and they have no water with them. Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh and said, "You detained Allah Apostle and the people where there is no water and they have no water." He then admonished me and said what Allah wished and pinched me at my flanks with his hands, but I did not move because the head of Allah's Apostle was on my thigh . Allah's Apostle kept on sleeping till be got up in the morning and found no water. Then Allah revealed the Divine Verse of Tayammum, and the people performed Tayammum. Usaid bin AlHudair said. "O family of Abu Bakr! This is not the first blessings of yours." We urged the camel on which I was sitting to get up from its place and the necklace was found under it.

Abu Bakr went to a lady from the Ahmas tribe called Zainab bint Al-Muhajir and found that she refused to speak. He asked, "Why does she not speak." The people said, "She has intended to perform Hajj without speaking." He said to her, "Speak, for it is illegal not to speak, as it is an action of the pre-islamic period of ignorance. So she spoke and said, "Who are you?" He said, "A man from the Emigrants." She asked, "Which Emigrants?" He replied, "From Quraish." She asked, "From what branch of Quraish are you?" He said, "You ask too many questions; I am Abu Bakr." She said, "How long shall we enjoy this good order (i.e. Islamic religion) which Allah has brought after the period of ignorance?" He said, "You will enjoy it as long as your Imams keep on abiding by its rules and regulations." She asked, "What are the Imams?" He said, "Were there not heads and chiefs of your nation who used to order the people and they used to obey them?" She said, "Yes." He said, "So they (i.e. the Imams) are those whom I meant."

We went out with Allah's Apostle during Hajjat-ul-Wada` and we assumed the Ihram for `Umra. Then Allah's Apostle said to us, "Whoever has got the Hadi should assume the Ihram for Hajj and `Umra and should not finish his Ihram till he has performed both (`Umra and Hajj)." I arrived at Mecca along with him (i.e. the Prophet ) while I was menstruating, so I did not perform the Tawaf around the Ka`ba or between Safa and Marwa. I informed Allah's Apostle about that and he said, "Undo your braids and comb your hair, and then assume the lhram for Hajj and leave the `Umra." I did so, and when we performed and finished the Hajj, Allah's Apostles sent me to at-Tan`im along with (my brother) `Abdur-Rahman bin Abu Bakr As-Siddiq, to perform the `Umra. The Prophet said, "This `Umra is in lieu of your missed `Umra." Those who had assumed the lhram for `Umra, performed the Tawaf around the Ka`ba and between Safa and Marwa, and then finished their Ihram, and on their return from Mina, they performed another Tawaf (around the Ka`ba and between Safa and Marwa), but those who combined their Hajj and `Umra, performed only one Tawaf (between Safa and Marwa) (for both).

The Messenger of Allah (saws) would accept a present, but would not accept alms (sadaqah). And Wahb bin Baqiyyah narrated to us, elsewhere, from Khalid, from Muhammad ibn Amr said on the authority of AbuSalamah, and he did not mention the name of Abu Hurairah: The Messenger of Allah (saws) used to accept presents but not alms (sadaqah).

This version adds: So a Jewess presented him at Khaybar with a roasted sheep which she had poisoned. The Messenger of Allah (saws) ate of it and the people also ate.

He then said: Take away your hands (from the food), for it has informed me that it is poisoned. Bishr ibn al-Bara' ibn Ma'rur al-Ansari died.

So he (the Prophet) sent for the Jewess (and said to her): What motivated you to do the work you have done?

She said: If you were a prophet, it would not harm you; but if you were a king, I should rid the people of you. The Messenger of Allah (saws) then ordered regarding her and she was killed. He then said about the pain of which he died: I continued to feel pain from the morsel which I had eaten at Khaybar. This is the time when it has cut off my aorta.

I embraced Islam while I had eight wives. So I mentioned it to the Prophet (saws). The Prophet (said) said: Select four of them.

Abu Dawud said: This tradition has also been narrated to us by Ahmad b. Ibrahim from Hushaim. He said: Qais b. al-Harith instead of al-Harith b. Qais. Ahmad b. Ibrahim said: This is correct, i.e. Qais b. al-Harith.

When we were with the Messenger of Allah (saws) on an expedition, he saw some people collected together over something and sent a man and said: See, what are these people collected around? He then came and said: They are round a woman who has been killed. He said: This is not one with whom fighting should have taken place. Khalid ibn al-Walid was in charge of the van; so he sent a man and said: Tell Khalid not to kill a woman or a hired servant.

That Zayd ibn Thabit said: May Allah forgive Rafi' ibn Khadij. I swear by Allah, I have more knowledge of Hadith than him. Two persons of the Ansar (according to the version of Musaddad) came to him who were disputing with each other. The Messenger of Allah (saws) said: If this is your position, then do not lease the agricultural land. The version of Musaddad has: So he (Rafi' ibn Khadij) heard his statement: Do not lease agricultural lands.

When he was sitting with the Messenger of Allah (saws) and a Jew was also with him, a funeral passed by him. He (the Jew) asked (Him): Muhammad, does this funeral speak? The Prophet (saws) said: Allah has more knowledge. The Jew said: It speaks.

The Messenger of Allah (saws) said: Whatever the people of the Book tell you, do not verify them, nor falsify them, but say: We believe in Allah and His Apostle. If it is false, do not confirm it, and if it is right, do not falsify it.

The Messenger of Allah (saws) entered upon Thabit ibn Qays. The version of Ahmad (ibn Salih) has: When he was ill He (the Prophet) said: Remove the harm, O Lord of men, from Thabit ibn Qays ibn Shammas. He then took some dust of Bathan, and put it in a bowel, and then mixed it with water and blew in it, and poured it on him.

Abu Dawud said: Ibn al-Sarh said: Yusuf bin Muhammad is correct (and not Muhammad bin Yusuf)

Abu Dawud said: Al-Asma'i's version has: "You put it on it..."