Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

"When Hafsa became a widow," `Umar said, "I met Abu Bakr and said to him, 'If you wish I will marry Hafsa bint `Umar to you.' I waited for a few days then Allah's Apostle asked for her hand. Later Abu Bakr met me and said, 'Nothing stopped me from returning to you concerning your offer except that I knew that Allah's Apostle had mentioned (his wish to marry) her, and I could never let out the secret of Allah's Apostle . If he had left her, I would have accepted her.' "

Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."

During the last Hajj (Hajj-al-Wada`) of Allah's Apostle he performed `Umra and Hajj. He drove a Hadi along with him from Dhul-Hulaifa. Allah's Apostle started by assuming Ihram for `Umra and Hajj. And the people, too, performed the `Umra and Hajj along with the Prophet. Some of them brought the Hadi and drove it along with them, while the others did not. So, when the Prophet arrived at Mecca. he said to the people, "Whoever among you has driven the Hadi, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hadi with him, should perform Tawaf of the Ka`ba and the Tawaf between Safa and Marwa, then cut short his hair and finish his Ihram, and should later assume Ihram for Hajj; but he must offer a Hadi (sacrifice); and if anyone cannot afford a Hadi, he should fast for three days during the Hajj and seven days when he returns home. The Prophet performed Tawaf of the Ka`ba on his arrival (at Mecca); he touched the (Black Stone) corner first of all and then did Ramal (fast walking with moving of the shoulders) during the first three rounds round the Ka`ba, and during the last four rounds he walked. After finishing Tawaf of the Ka`ba, he offered a two rak`at prayer at Maqam Ibrahim, and after finishing the prayer he went to Safa and Marwa and performed seven rounds of Tawaf between them and did not do any deed forbidden because of Ihram, till he finished all the ceremonies of his Hajj and sacrificed his Hadi on the day of Nahr (10th day of Dhul-Hijja). He then hastened onwards (to Mecca) and performed Tawaf of the Ka`ba and then everything that was forbidden because of Ihram became permissible. Those who took and drove the Hadi with them did the same as Allah's Apostle did.

Al-Bari' reported that the Messenger of Allah (may peace be upon him) observed Qunut in the dawn and evening (prayers).

When it was the day of Al-Ahzab (i.e. the clans) and Allah's Apostle dug the trench, I saw him carrying earth out of the trench till dust made the skin of his `Abdomen out of my sight and he was a hairy man. I heard him reciting the poetic verses composed by Ibn Rawaha while he was carrying the earth, "O Allah! Without You we would not have been guided, nor would we have given in charity, nor would we have prayed. So, (O Allah), please send Sakina (i.e. calmness) upon us and make our feet firm if we meet the enemy, as they have rebelled against us. And if they intend affliction (i.e. want to frighten us, and fight against us) then we would not (flee but withstand them)." The Prophet would then prolong his voice at the last words.

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban that his paternal uncle Wasi ibn Habban said, "I was praying, and Abdullah ibn Umar was resting his back on the wall of the qibla. When I had finished the prayer I turned towards him on my left hand side. Abdullah ibn Umar said, 'What stopped you from turning away to your right?' I replied, 'I saw you and turned towards you.' Abdullah said, 'You have spoken correctly. People say that you should turn away to your right, but when you pray, you can turn whichever way you wish. If you like, to your right, and if you like, to your left.' "

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, when asked about the fear prayer said, "The imam and a group of people go forward and the imam prays a raka with them, while another group, who have not yet prayed, position themselves between him and the enemy. When those who are with him have prayed a raka they draw back to where those who have not prayed are, and do not say the taslim. Then those who have not prayed come forward and pray a raka with him. Then the imam leaves, as he has now prayed two rakas. Everyone else in the two groups stands and prays a raka by himself after the imam has left. In this way each of the two groups will have prayed two rakas. If the fear is greater than that, then the men pray standing on their feet or mounted, either facing the qibla or otherwise."

Allah's Apostle shrouded every two martyrs of Uhud in one piece of cloth and then he would ask, "Which of them knew more Qur'an?" When one of them was pointed out he would put him first in the grave. He said, "I am a witness on these." Then he ordered them to be buried with blood on their bodies. Neither did he offer their funeral prayer nor did he get them washed. (Jabir bin `Abdullah added): Allah's Apostle used to ask about the martyrs of Uhud as to which of them knew more of the Qur'an." And when one of them was pointed out as having more of it he would put him first in the grave and then his companions. (Jabir added): My father and my uncle were shrouded in one sheet.

Allah's Apostle mentioned that he would practice I`tikaf in the last ten days of Ramadan. `Aisha asked his permission to perform I`tikaf and he permitted her. Hafsa asked `Aisha to take his permission for her, and she did so. When Zainab bint Jahsh saw that, she ordered a tent to be pitched for her and it was pitched for her. Allah's Apostle used to proceed to his tent after the prayer. So, he saw the tents ans asked, "What is this?" He was told that those were the tents of Aisha, Hafsa, and Zainab. Allah's Apostle said, "Is it righteousness which they intended by doing so? I am not going to perform I`tikaf." So he returned home. When the fasting month was over, he performed Itikar for ten days in the month of Shawwal.

"Hint your intention of marrying' is made by saying (to the widow) for example: "I want to marry, and I wish that Allah will make a righteous lady available for me.' " Al-Qasim said: One may say to the widow: 'I hold all respect for you, and I am interested in you; Allah will bring you much good, or something similar 'Ata said: One should hint his intention, and should not declare it openly. One may say: 'I have some need. Have good tidings. Praise be to Allah; you are fit to remarry.' She (the widow) may say in reply: I am listening to what you say,' but she should not make a promise. Her guardian should not make a promise (to somebody to get her married to him) without her knowledge. But if, while still in the Iddat period, she makes a promise to marry somebody, and he ultimately marries her, they are not to be separated by divorce (i.e., the marriage is valid).

Ibn `Abbas recited: "(Respite will be granted) until when the Apostles gave up hope (of their people) and thought that they were denied (by their people). There came to them Our Help ...." (12.110) reading Kudhibu without doubling the sound 'dh', and that was what he understood of the Verse. Then he went on reciting: "..even the Apostle and those who believed along with him said: When (will come) Allah's Help? Yes, verily, Allah's Help is near." (2.214) Then I met `Urwa bin Az-Zubair and I mentioned that to him. He said, "Aisha said, 'Allah forbid! By Allah, Allah never promised His Apostle anything but he knew that it would certainly happen before he died. But trials were continuously presented before the Apostles till they were afraid that their followers would accuse them of telling lies. So I used to recite:-- "Till they (come to) think that they were treated as liars." reading 'Kudh-dhibu with double 'dh.'

Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that a man came to Abdullah ibn Abbas and said to him, "I have an orphan and he has camels. Can I drink from the camels' milk?" Ibn Abbas said, "If you search for the lost camels of his and treat the camels' mange and fill in the cracks in their water basin and give it water on the day it drinks, then drink it without doing harm to the suckling camels by milking them excessively."

The Prophet was the best among the people (both in shape and character) and was the most generous of them, and was the bravest of them. Once, during the night, the people of Medina got afraid (of a sound). So the people went towards that sound, but the Prophet having gone to that sound before them, met them while he was saying, "Don't be afraid, don't be afraid." (At that time) he was riding a horse belonging to Abu Talha and it was naked without a saddle, and he was carrying a sword slung at his neck. The Prophet said, "I found it (the horse) like a sea, or, it is the sea indeed."

the freed slave of Ibn `Abbas, that Maimuna bint Al-Harith told him that she manumitted a slave-girl without taking the permission of the Prophet. On the day when it was her turn to be with the Prophet, she said, "Do you know, O Allah's Apostle, that I have manumitted my slave-girl?" He said, "Have you really?" She replied in the affirmative. He said, "You would have got more reward if you had given her (i.e. the slave-girl) to one of your maternal uncles."

I heard `Imran bin Husain saying, "The Prophet said, 'The best people are those living in my generation, then those coming after them, and then those coming after (the second generation)." `Imran said "I do not know whether the Prophet mentioned two or three generations after your present generation. The Prophet added, 'There will be some people after you, who will be dishonest and will not be trustworthy and will give witness (evidences) without being asked to give witness, and will vow but will not fulfill their vows, and obesity will appear among them."

The Prophet (saws) said: Soon there will appear disagreement and dissension in my people; there will be people who will be good in speech and bad in work. They recite the Qur'an, but it does not pass their collar-bones. They will swerve from the religion as an animal goes through the animal shot at. They will not return to it till the arrow comes back to its notch. They are worst of the people and animals. Happy is the one who kills them and they kill him. They call to the book of Allah, but they have nothing to do with it. He who fights against them will be nearer to Allah than them (the rest of the people). The people asked: What is their sign? He replied: They shave the head.

Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best.

Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.

The narrator Ahmad added in his version: He would not observe the witr with two rak'ahs before the dawn. I asked: With what would he observe the witr ? She said: He would never leave it. The version of Ahmad does not mention the words "six and three (rak'ahs)".

A man came to the Prophet (saws), and said: My wife does not prevent the hand of a man who touches her. He said: Divorce her. He then said: I am afraid my inner self may covet her. He said: Then enjoy her.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "Someone who does not stand at Arafa on the night of Muzdalifa before the dawn breaks has missed the hajj, and someone who stands at Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj."

Fasting for those who perform ,Hajj-at-Tamattu` (in lieu of the Hadi which they cannot afford) may be performed up to the day of `Arafat. And if one does not get a Hadi and has not fasted (before the `Id) then one should fast of the days of Mina. (11, 12 and 13th of Dhul Hajja).

Sahl bin Sa`d was asked about the (Prophet's) pulpit as to what thing it was made of? Sahl replied: "None remains alive amongst the people, who knows about it better than I. It was made of tamarisk (wood) of the forest. So and so, the slave of so and so prepared it for Allah's Apostle . When it was constructed and place (in the Mosque), Allah's Apostle stood on it facing the Qibla and said 'Allahu Akbar', and the people stood behind him (and led the people in prayer). He recited and bowed and the people bowed behind him. Then he raised his head and stepped back, got down and prostrated on the ground and then he again ascended the pulpit, recited, bowed, raised his head and stepped back, got down and prostrate on the ground. So, this is what I know about the pulpit." Ahmad bin Hanbal said, "As the Prophet was at a higher level than the people, there is no harm according to the above-mentioned Hadith if the Imam is at a higher level than his followers during the prayers."

Once Allah's Apostle rode a horse and fell down and the right side (of his body) was injured. He offered one of the prayers while sitting and we also prayed behind him sitting. When he completed the prayer, he said, "The Imam is to be followed. Pray standing if he prays standing and bow when he bows; rise when he rises; and if he says, 'Sami`a l-lahu-liman hamidah, say then, 'Rabbana wa laka lhamd' and pray standing if he prays standing and pray sitting (all of you) if he prays sitting." Humaid said: The saying of the Prophet "Pray sitting, if he (Imam) prays sitting" was said in his former illness (during his early life) but the Prophet prayed sitting afterwards (in the last illness) and the people were praying standing behind him and the Prophet did not order them to sit. We should follow the latest actions of the Prophet.

The Prophet said, "An Israeli man asked another Israeli to lend him one thousand Dinars. The second man required witnesses. The former replied, 'Allah is sufficient as a witness.' The second said, 'I want a surety.' The former replied, 'Allah is sufficient as a surety.' The second said, 'You are right,' and lent him the money for a certain period. The debtor went across the sea. When he finished his job, he searched for a conveyance so that he might reach in time for the repayment of the debt, but he could not find any. So, he took a piece of wood and made a hole in it, inserted in it one thousand Dinars and a letter to the lender and then closed (i.e. sealed) the hole tightly. He took the piece of wood to the sea and said. 'O Allah! You know well that I took a loan of one thousand Dinars from so-and-so. He demanded a surety from me but I told him that Allah's Guarantee was sufficient and he accepted Your guarantee. He then asked for a witness and I told him that Allah was sufficient as a Witness, and he accepted You as a Witness. No doubt, I tried hard to find a conveyance so that I could pay his money but could not find, so I hand over this money to You.' Saying that, he threw the piece of wood into the sea till it went out far into it, and then he went away. Meanwhile he started searching for a conveyance in order to reach the creditor's country.

One day the lender came out of his house to see whether a ship had arrived bringing his money, and all of a sudden he saw the piece of wood in which his money had been deposited. He took it home to use for fire. When he sawed it, he found his money and the letter inside it. Shortly after that, the debtor came bringing one thousand Dinars to him and said, 'By Allah, I had been trying hard to get a boat so that I could bring you your money, but failed to get one before the one I have come by.' The lender asked, 'Have you sent something to me?' The debtor replied, 'I have told you I could not get a boat other than the one I have come by.' The lender said, 'Allah has delivered on your behalf the money you sent in the piece of wood. So, you may keep your one thousand Dinars and depart guided on the right path.' "

When the sun set at Mecca, the Messenger of Allah (saws) combined the two prayers at Sarif.

Allah's Apostle said to me, "When you want to go to bed, perform ablution as you do for prayer, then lie down on your right side and say: 'Allahumma aslamtu wajhi ilaika, wa fawwadtu 'amri ilaika wa alja'tu dhahri ilaika, raghbatan wa rahbatan ilaika, la malja'a wa la manja minka illa ilaika. Amantu bikitabik al-ladhi anzalta wa binabiyyika al-ladhi arsalta'. If you should die then (after reciting this) you will die on the religion of Islam (i.e., as a Muslim); so let these words be the last you say (before going to bed)" While I was memorizing it, I said, "Wa birasulika al-ladhi arsalta (in Your Apostle whom You have sent).' The Prophet said, "No, but say: Wa binabiyyika al-ladhi arsalta (in Your Prophet whom You have sent).

I was sitting with Abu Mas`ud and Abu Musa and `Ammar. Abu Mas`ud said (to `Ammar), "There is none of your companions but, if I wish, I could find fault with him except with you. Since you joined the company of the Prophet I have never seen anything done by you more criticizable by me than your haste in this issue." `Ammar said, O Abu Mas`ud ! I have never seen anything done by you or by this companion of yours (i.e., Abu Musa) more criticizable by me than your keeping away from this issue since the time you both joined the company of the Prophet." Then Abu Mas`ud who was a rich man, said (to his servant), "O boy! Bring two suits." Then he gave one to Abu Musa and the other to `Ammar and said (to them), "Put on these suits before going for the Friday prayer. "

I asked Jabir bin `Abdullah about praying in a single garment. He said, "I traveled with the Prophet during some of his journeys, and I came to him at night for some purpose and I found him praying. At that time, I was wearing a single garment with which I covered my shoulders and prayed by his side. When he finished the prayer, he asked, 'O Jabir! What has brought you here?' I told him what I wanted. When I finished, he asked, 'O Jabir! What is this garment which I have seen and with which you covered your shoulders?' I replied, 'It is a (tight) garment.' He said, 'If the garment is large enough, wrap it round the body (covering the shoulders) and if it is tight (too short) then use it as an Izar (tie it around your waist only.)' "

Ibn `Umar used to spend the night at Dhi-Tuwa in between the two Thaniyas and then he would enter Mecca through the Thaniya which is at the higher region of Mecca, and whenever he came to Mecca for Hajj or `Umra, he never made his she camel kneel down except near the gate of the Masjid (Sacred Mosque) and then he would enter (it) and go to the Black (stone) Corner and start from there circumambulating the Ka`ba seven times: hastening in the first three rounds (Ramal) and walking in the last four. On finishing, he would offer two rak`at prayer and set out to perform Tawaf between Safa and Marwa before returning to his dwelling place. On returning (to Medina) from Hajj or `Umra, he used to make his camel kneel down at Al-Batha which is at Dhul-Hulaifa, the place where the Prophet used to make his camel kneel down.

I asked Abu Sa`id, and he was a friend of mine, (about the Night of Qadr) and he said, "We practiced I`tikaf (seclusion in the mosque) in the middle third of the month of Ramadan with the Prophet . In the morning of the 20th of Ramadan, the Prophet came and addressed us and said, 'I was informed of (the date of the Night of Qadr) but I was caused to forget it; so search for it in the odd nights of the last ten nights of the month of Ramadan. (In the dream) I saw myself prostrating in mud and water (as a sign). So, whoever was in I`tikaf with me should return to it with me (for another 10-day's period)', and we returned. At that time there was no sign of clouds in the sky but suddenly a cloud came and it rained till rainwater started leaking through the roof of the mosque which was made of date-palm leaf stalks. Then the prayer was established and I saw Allah's Apostle prostrating in mud and water and I saw the traces of mud on his forehead."

I heard Allah's Apostle saying, "Anybody who spends a pair of something in Allah's Cause will be called from all the gates of Paradise, "O Allah's slave! This is good.' He who is amongst those who pray will be called from the gate of the prayer (in Paradise) and he who is from the people of Jihad will be called from the gate of Jihad, and he who is from those' who give in charity (i.e. Zakat) will be called from the gate of charity, and he who is amongst those who observe fast will be called from the gate of fasting, the gate of Raiyan." Abu Bakr said, "He who is called from all those gates will need nothing," He added, "Will anyone be called from all those gates, O Allah's Apostle?" He said, "Yes, and I hope you will be among those, O Abu Bakr."

Yahya said: Narrate from me that both these traditions are weak in respect of their chains.

Abu Dawud said: Al-Thawri is reported to have said: Habib narrated this tradition to us only on the authority of 'Urwat al-Muzani, that is, he did not narrated any tradition on the authority of 'Urwah b. al-Zubair.

Abu Dawud said: Hamzah al-Zayyat reported a sound tradition on the authority of Habib, from 'Urwah b. al-Zubair from 'Aishah.

Abu Dawud said: Ibn 'Umar used to sit in ihtiba position while the imam gave the Friday sermon. Anas b. Malik, Shuraih, Sa'sa'ah b. Sawhan, Sa'id b. al-Musayyib, Ibrahim al-Nakha'i, Makhul, Isma'il, Ismail b. Muhammad b. Sa'd, and Nu'aim b. Sulamah said: There is no harm in sitting in ihtiba position.

Abu Dawud said: I do not know whether anyone considered it disapproved except 'Ubadah b. Nasayy.