It was narrated that Sa'd Abu 'Ubaid, the freed slave of ‘Abdur-Rahman bin Azhar, said: I was present at Eid with 'Umar bin al Khattab... and he mentioned a similar hadeeth.

Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, "Tell them." She was embarrassed. He said, "It is alright, and I do it myself."

Malik said, "A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else's slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission."

Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."

Yahya related to me from Malik from a reliable source from Bukayr ibn Abdullah ibn al-Ashajj from Abd ar-Rahman ibn al-Hubab al-Ansari from Abu Qatada al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, forbade making nabidh from dates and raisins together, and nearly ripe dates and fresh dates together.

Malik said, "That is the way of doing things among us in which the people of knowledge in our city continue. It is disapproved of because the Messenger of Allah, may Allah bless him and grant him peace, forbade it."

Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."

Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."

Yahya said that Malik said, "This is the best of what I have heard on the matter.''

The first of the companions of the Prophet who came to us (in Medina), were Mus`ab bin `Umar and Ibn Um Maktum, and they started teaching us the Qur'an. Then came `Ammar, Bilal and Sa`d. Afterwards `Umar bin Al-Kkattab came along with a batch of twenty (men): and after that the Prophet came. I never saw the people of Medina so pleased with anything as they were with his arrival, so that even the little boys and girls were saying, "This is Allah's Apostle who has come." He (the Prophet ) did not come (to Medina) till I had learnt Surat Al-Ala and also other similar Suras.

The Prophet said on the day of Nahr, "Whoever has slaughtered his sacrifice before the prayer, should repeat it (slaughter another sacrifice)." A man got up and said, "O Allah's Apostle! This is a day on which meat is desired." He then mentioned his neighbors saying, "I have a six month old ram which is to me better than the meat of two sheep." The Prophet allowed him to slaughter it as a sacrifice, but I do not know whether this permission was valid for other than that man or not. The Prophet then went towards two rams and slaughtered them, and then the people went towards some sheep and distributed them among themselves.

The Prophet was given some clothes including a black Khamisa. The Prophet said, "To whom shall we give this to wear?" The people kept silent whereupon the Prophet said, "Fetch Um Khalid for me." I (Um Khalid) was brought carried (as I was small girl at that time). The Prophet took the Khamisa in his hands and made me wear it and said, "May you live so long that your dress will wear out and you will mend it many times." On the Khamisa there were some green or pale designs (The Prophet saw these designs) and said, "O Um Khalid! This is Sanah." (Sanah in a Ethiopian word meaning beautiful).

A man said, "O Allah's Apostle! Inform me of a deed which will make me enter Paradise." The people said, "What is the matter with him? What is the matter with him?" Allah's Apostle said, "He has something to ask (what he needs greatly)." The Prophet said (to him), (In order to enter Paradise) you should worship Allah and join none in worship with Him: You should offer prayers perfectly, give obligatory charity (Zakat), and keep good relations with your Kith and kin." He then said, "Leave it!" (The sub-narrator said, "It seems that the Prophet was riding his she camel."

The Prophet was the best of all the people in character. I had a brother called Abu `Umar, who, I think, had been newly weaned. Whenever he (that child) was brought to the Prophet the Prophet used to say, "O Abu `Umar! What did Al-Nughair (nightingale) (do)?" It was a nightingale with which he used to play. Sometimes the time of the Prayer became due while he (the Prophet) was in our house. He would order that the carpet underneath him be swept and sprayed with water, and then he would stand up (for the prayer) and we would line up behind him, and he would lead us in prayer.

I asked `Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" `Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

Mu'awiya bin Qurra reported that `Abdullah bin Al-Maghaffal Al-Muzani said, "I saw Allah's Apostle on the day of the Conquest of Mecca, riding his she-camel and reciting Surat-al-Fath (48) or part of Surat-al-Fath. He recited it in a vibrating and pleasant voice. Then Mu'awiya recited as `Abdullah bin Mughaffal had done and said, "Were I not afraid that the people would crowd around me, I would surely recite in a vibrating pleasant voice as Ibn Mughaffal did, imitating the Prophet." I asked Muawiya, "How did he recite in that tone?" He said thrice, "A, A , A."

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhalaad-Dili from Mabad ibn Kab ibn Malik that Abu Qatada ibn Ribi used to relate that a funeral procession passed by the Messenger of Allah, may Allah bless him and grant him peace, and he said, "One is relieved and another others are relieved from." They said, "Who is the one relieved and the one from whom others are relieved?" He said, "A slave who is mumin is the one who is relieved from the exhaustion and suffering of this world to the mercy of Allah, and a wrong-acting slave is the one from whom people, towns, trees and animals are relieved."

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr said about the child of lian and the child of fornication, that if they died, the mother inherited her right from them according to the Book of Allah, the Mighty, the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin, she inherited her due and the siblings by the mother inherited their due, and the rest went to the Muslims.

Malik said, "I heard the same as that from Sulayman ibn Yasar."

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

I saw the Prophet near the Jamra and the people were asking him questions (about religious problems). A man asked, "O Allah's Apostle! I have slaughtered the Hadi (animal) before doing the Rami." The Prophet replied, "Do the Rami (now) and there is no harm." Another person asked, "O Allah's Apostle! I got my head shaved before slaughtering the animal." The Prophet replied, "Do the slaughtering (now) and there is no harm." So on that day, when the Prophet was asked about anything as regards the ceremonies of Hajj performed before or after its due time his reply was, "Do it (now) and there is no harm."

On the Day of Nahr (10th of Dhul-Hijja, in the year prior to the last Hajj of the Prophet when Abu Bakr was the leader of the pilgrims in that Hajj) Abu Bakr sent me along with other announcers to Mina to make a public announcement: "No pagan is allowed to perform Hajj after this year and no naked person is allowed to perform the Tawaf around the Ka`ba. Then Allah's Apostle sent `Ali to read out the Surat Bara'a (at-Tauba) to the people; so he made the announcement along with us on the day of Nahr in Mina: "No pagan is allowed to perform Hajj after this year and no naked person is allowed to perform the Tawaf around the Ka`ba."

the mother of the believers: Allah's Apostle during his illness prayed at his house while sitting whereas some people prayed behind him standing. The Prophet beckoned them to sit down. On completion of the prayer, he said, 'The Imam is to be followed: bow when he bows, raise up your heads (stand erect) when he raises his head and when he says, 'Sami`a l-lahu liman hamidah' (Allah heard those who sent praises to Him) say then 'Rabbana wa laka l-hamd' (O our Lord! All the praises are for You), and if he prays sitting then pray sitting."

The Prophet once passed by two graves, and those two persons (in the graves) were being tortured. He said, "They are being tortured not for a great thing (to avoid). One of them never saved himself from being soiled with his urine, while the other went about committing slander (to make enmity between friends). He then took a green leaf of a date-palm tree split it into two pieces and fixed one on each grave. The people said, "O Allah's Apostle! Why have you done so?" He replied, "I hope that their punishment may be lessened till they (the leaf) become dry."

"The Messenger of Allah (saws) prohibited the price of the dog and the cat."

[Abu 'Eisa said:] There is some confusion (Idtirab) in the chain for this Hadith. The price of a cat is not correct. This Hadith has been reported from Al-A'mash, from some of his companions, from Jabir, and they caused some confusion for Al-A'mash in this narration.

There are those among the people of knowledge who disliked the price of a cat, and some of them permitted it. This is the view of Ahmad and Ishaq. It has been reported from Ibn Al-Fudail, from Al-A'mash, from Abu Hazim, from Abu Hurairah from the Prophet (saws), through other than this route.

That the Messenger of Allah (saws) said: "Do not sell the (slave) female singers, not purchase them, nor teach them (to sing). And there is no good in trading in them, and their prices are unlawful. It was about the likes of this that this Ayah was revealed: And among mankind is he who purchases idle talk to divert from the way of Allah."

[He said:] There is narration about this from 'Umar bin Al-Khattab.

[Abu 'Eisa said:] We only know of the Hadith of Abu Umamah, like this, from this route. Some of the people of knowledge have criticized 'Ali bin Yazid (one of the narrators) and graded him weak, and he is from Ash-Sham.

The Prophet (saws) said: It is not permissible for a man who believes in Allah and in the Last Day that he should say the prayer while he is feeling the call of nature until he becomes light (by relieving himself).

Then the narrator Thawr b. Yazid transmitted a similar tradition with the following wordings: "It is not permissible for a man who believes in Allah and in the Last Day that he should lead the people in prayer but with their permission; and that he should not supplicate to Allah exclusively for himself leaving all others. If he did so, he violated trust."

Abu Dawud said: This is a tradition reported by the narrators of Syria; no other person has joined them in relating this tradition.

Allah's Apostle said, "While a man was walking he felt thirsty and went down a well and drank water from it. On coming out of it, he saw a dog panting and eating mud because of excessive thirst. The man said, 'This (dog) is suffering from the same problem as that of mine. So he (went down the well), filled his shoe with water, caught hold of it with his teeth and climbed up and watered the dog. Allah thanked him for his (good) deed and forgave him." The people asked, "O Allah's Apostle! Is there a reward for us in serving (the) animals?" He replied, "Yes, there is a reward for serving any animate."

Somebody asked Al-Bar-a bin `Azib, "Did you flee deserting Allah's Apostle during the battle of Hunain?" Al-Bara replied, "But Allah's Apostle did not flee. The people of the Tribe of Hawazin were good archers. When we met them, we attacked them, and they fled. When the Muslims started collecting the war booty, the pagans faced us with arrows, but Allah's Apostle did not flee. No doubt, I saw him on his white mule and Abu Sufyan was holding its reins and the Prophet was saying, 'I am the Prophet in truth: I am the son of `Abdul Muttalib.' "

Salama said, "I gave the Pledge of allegiance (Al-Ridwan) to Allah's Apostle and then I moved to the shade of a tree. When the number of people around the Prophet diminished, he said, 'O Ibn Al-Akwa` ! Will you not give to me the pledge of Allegiance?' I replied, 'O Allah's Apostle! I have already given to you the pledge of Allegiance.' He said, 'Do it again.' So I gave the pledge of allegiance for the second time." I asked 'O Abu Muslim! For what did you give he pledge of Allegiance on that day?" He replied, "We gave the pledge of Allegiance for death."

The Prophet reached Khaibar in the morning, while the people were coming out carrying their spades over their shoulders. When they saw him they said, "This is Muhammad and his army! Muhammad and his army!" So, they took refuge in the fort. The Prophet raised both his hands and said, "Allahu Akbar, Khaibar is ruined, for when we approach a nation (i.e. enemy to fight) then miserable is the morning of the warned ones." Then we found some donkeys which we (killed and) cooked: The announcer of the Prophet announced: "Allah and His Apostle forbid you to eat donkey's meat." So, all the pots including their contents were turned upside down.

We were afflicted with hunger during the besiege of Khaibar, and when it was the day of (the battle of) Khaibar, we slaughtered the donkeys and when the pots got boiling (with their meat). Allah's Apostle made an announcement that all the pots should be upset and that nobody should eat anything of the meat of the donkeys. We thought that the Prophet prohibited that because the Khumus had not been taken out of the booty (i.e. donkeys); other people said, "He prohibited eating them for ever." The sub-narrator added, "I asked Sa`id bin Jubair who said, 'He has made the eating of donkeys' meat illegal for ever.")

The people used to consider the performance of `Umra in the months of Hajj an evil deed on the earth, and they used to call the month of Muharram as Safar and used to say, "When (the wounds over) the backs (of the camels) have healed and the foot-marks (of the camels) have vanished (after coming from Hajj), then `Umra becomes legal for the one who wants to perform `Umra." Allah's Apostle and his companions reached Mecca assuming Ihram for Hajj on the fourth of Dhul-Hijja. The Prophet ordered his companions to perform `Umra (with that lhram instead of Hajj). They asked, "O Allah's Apostle! What kind of finishing of Ihram?" The Prophet said, "Finish the Ihram completely.'

That he heard Al-Bara narrating when a man from Qais (tribe) asked him "Did you flee leaving Allah's Apostle on the day (of the battle) of Hunain?" Al-Bara' replied, "But Allah's Apostle did not flee. The people of Hawazin were good archers, and when we attacked them, they fled. But rushing towards the booty, we were confronted by the arrows (of the enemy). I saw the Prophet riding his white mule while Abu Sufyan was holding its reins, and the Prophet was saying "I am the Prophet undoubtedly." (Israil and Zuhair said, "The Prophet dismounted from his Mule.")

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.

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in our community."

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "