Yahya related to me from Malik from Abd arRahman ibn al-Qasim from his father that A'isha umm al-muminin said, "We went out on a journey with the Messenger of Allah, may Allah bless him and grant him peace, and, when we came to Bayda' or Dhat al-Jaysh, a necklace of mine broke. The Messenger of Allah, may Allah bless him and grant him peace, stopped to look for it and the people stopped with him. There was no water nearby and the people were not carrying any with them, so they came to Abu Bakr as-Siddiq and said, 'Don't you see what A'isha has done? She has made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them.' "

A'isha continued, "Abu Bakr came and the Messenger of Allah, may Allah bless him and grant him peace, had fallen asleep with his head on my thigh . Abu Bakr said, 'You have made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them ' "

She continued, "Abu Bakr remonstrated with me and said whatever Allah willed him to say, and began to poke me in the waist. The only thing that stopped me from moving was that the Messenger of Allah, may Allah bless him and grant him peace, had his head on my thigh. The Messenger of Allah, may Allah bless him and grant him peace, slept until morning found him with no water. Allah, the Blessed and Exalted, sent down the ayat of tayammum and so they did tayammum. Usayd ibn Hudayr said, 'This is not the first baraka from you, O family of Abu Bakr.'"

A'isha added, "We roused the camel I had been on and found the necklace under it."

Malik was asked whether a man who did tayammum for one prayer should do tayammum when the time of the next prayer came or whether the first tayammum was enough. He said, "No, he does tayammum for every prayer, because he has to look for water for every prayer. If he looks for it and does not find it then he does tayammum."

Malik was asked whether a man who did tayammum could lead others in prayer if they were in wudu. He said, "I prefer that someone else should lead them. However, I see no harm in it if he does lead them in prayer."

Yahya said that Malik said that a man who did tayammum because he could not find any water, and then stood and said the takbir and entered into the prayer, and then someone came with some water, did not stop his prayer but completed it with tayammum and did wudu for future prayers.

Yahya said that Malik said, "Whoever rises for prayer and does not find water and so does what Allah has ordered him to do of tayammum has obeyed Allah. Someone who does find water is neither purer than him nor more perfect in prayer, because both have been commanded and each does as Allah has commanded. What Allah has commanded as far as wudu is concerned is for the one who finds water, and tayammum is for the one who does not find water before he enters into the prayer."

Malik said that a man who was in a state of major ritual impurity could do tayammum and read his portion of Qur'an and do voluntary prayers as long as he did not find any water. This applied only to circumstances in which it was allowable to pray with tayammum.

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.

"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."

The Prophet (saws) said: "When you possess two hundred dirhams and one year passes on them, five dirhams are payable. Nothing is incumbent on you, that is, on gold, till it reaches twenty dinars. When you possess twenty dinars and one year passes on them, half a dinar is payable. Whatever exceeds, that will be reckoned properly."

(The narrator said: I do not remember whether the words "that will be reckoned properly" were uttered by All himself or he attributed them to the Prophet (saws).

No zakat is payable on property till a year passes on it.

But Jarir said: Ibn Wahb (sub-narrator) added to this tradition from the Prophet (saws): "No zakat is payable on property until a year passes away on it."

Abu Dawud said: This tradition is sounder than that of Ibn Juraij that Rukanah divorced his wife by three pronouncements, for they are the members of his family and they are more aware for him. The tradition of Ibn Juraij has been narrated by some children of Abu Rafi' from 'Ikrimah on the authority of Ibn 'Abbas.

The Messenger of Allah (saws) sent AbuSa'id ibn al-'As with an expedition from Medina towards Najd. Aban ibn Sa'id and his companions came to the Messenger of Allah (saws) at Khaybar after it had been captured. The girths of their horses were made of palm fibres. Aban said: Give us a share (from the booty), Messenger of Allah. AbuHurayrah said: I said: Do not give them a share, Messenger of Allah. Aban said: Why are you talking so, Wabr. You have come to us from the peak of Dal. The Prophet (saws) said: Sit down, Aban. The Messenger of Allah (saws) did not give any share to them (from the booty).

Abyad went to the Messenger of Allah (saws) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)

So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.

The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."

The Prophet (saws) gave a decision on the basis of an oath and a single witness.

Abu Dawud said: Al-Rabi' bin Sulaiman al-Mu'adhdhin told me some additional words in this tradition: Al-Shafi'i told me from 'Abd al-'Aziz. I then mentioned it fo Suhail who said: Rabi'ah told me - and he is reliable in my opinion - that I told him this (tradition) and I do not remember it. 'Abd al-'Aziz said: Suhail suffered from some disease which caused him to lose a little of his intelligence, and he forgot some of his traditions. Thereafter Suhail would narrate traditions from Rabi'ah on the authority of his father.

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 .' "

Yahya related to me from Malik from Abu'z-Zinad from Kharija ibn Zayd ibn Thabit that Zayd ibn Thabit did not sell fruit until the Pleiades were visible, at the end of May.

Malik said, "The way of doing things among us about selling melons, cucumbers, water- melons, and carrots is that it is halal to sell them when it is clear that they have begun to ripen. Then the buyer has what grows until the season is over. There is no specific timing laid down for that because the time is well known with people, and it may happen that the crop will be affected by blight and put a premature end to the season. If blight strikes and a third or more of the crop is damaged, an allowance for that is deducted from the price of purchase."

Yahya related to me from Malik from Abdullah ibn Yazid that Zayd ibn Ayyash told him that he had once asked Sad ibn Abi Waqqas about selling white wheat for a type of good barley. Sad asked him which was the better and when he told him the white wheat, he forbade the transaction. Sad said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about selling dried dates for fresh dates, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do the dates diminish in size when they become dry?' When he was told that they did, he forbade that."

Yahya related to me from Malik from Humayd ibn Qays al-Makki that Mujahid said, "I was with Abdullah ibn Umar and an artisan came to him and said, 'Abu Abd ar-Rahman - I fashion gold and then sell what I have made for more than its weight. I take an amount equivalent to the work of my hand.' Abdullah forbade him to do that, so the artisan repeated the question to him, and Abdullah continued to forbid him until he came to the door of the mosque or to an animal that he intended to mount. Then Abdullah ibn Umar said, 'A dinar for a dinar, and a dirham for a dirham. There is no increase between them. This is the command of ourProphet to us and our advice to you.' "

Malik said, "It is the generally agreed on way of doing things among us that the meat of camels, cattle, sheep and so on is not to be bartered one for one, except like for like, weight for weight, from hand to hand. There is no harm in that. If it is not weighed, then it is estimated to be like for like from hand to hand."

Malik said, "There is no harm in bartering the meat of fish for the meat of camels, cattle, and sheep and so on two or more for one, from hand to hand. If delayed terms enter the transaction however, there is no good in it."

Malik said, "I think that poultry is different from the meat of cattle and fish. I see no harm in selling some of it for something different, more of one than another, from hand to hand. None of that is to be sold on delayed terms."

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

Yahya related to me from Malik from Abdullah ibn Abi Bakr from Abbad ibn Tamim that Abu Bashir al-Ansari told him that he was with the Messenger of Allah, may Allah bless him and grant him peace, on one of his journeys. He related, "The Messenger of Allah, may Allah bless him and grant him peace, sent a messenger." (Abdullah ibn Abi Bakr said, (I think that he said it was while the people were in their resting place.) He said, "Do not let a single-string necklace, or any necklace, remain unbroken on the neck of a camel."

Yahya said, "I heard Malik say, 'I think that was because of the evil eye.' ''

Malik said, "No-one should carry the Qur'an by its strap, or on a cushion, unless he is pure. If it were permissible to do so, it would also have been permissible to carry it in its cover. This is not because there is something on the hands of the one who carries it by which the Qur'an will be soiled, but because it is disapproved of for someone to carry the Qur'an without being pure out of respect for the Qur'an, and in order to honour it."

Malik said, "The best thing that I have heard about this is the ayat 'None touch it except the purified.' (Sura 56 ayat 79) It ranks with the ayat in Surat Abasa (Sura 80), where Allah, the Blessed and Exalted, says, 'No, it is a reminder, and whoever wishes will remember it. Upon honoured pages, exalted and purified, by the hands of scribes, noble and obedient.' "

(the Maula of Munba'ith) The Prophet was asked regarding the case of a lost sheep. He said, "You should take it, because it is for you, or for your brother, or for the wolf." Then he was asked about a lost camel. He got angry and his face became red and he said (to the questioner), "You have nothing to do with it; it has its feet and its water container with it; it can go on drinking water and eating trees till its owner meets it." And then the Prophet was asked about a Luqata (money found by somebody). He said, "Remember and recognize its tying material and its container, and make public announcement about it for one year. If somebody comes and identifies it (then give it to him), otherwise add it to your property."

I heard the Prophet delivering a sermon, and he said (on the Day of `Id-Allah. a), "The first thing we will do on this day of ours is that we will offer the `Id prayer, then we will return and slaughter our sacrifices; and whoever does so, then indeed he has followed our tradition, and whoever slaughtered his sacrifice (before the prayer), what he offered was just meat that he presented to his family, and that was not a sacrifice." Abu Burda got up and said, "O Allah's Apostle! I slaughtered the sacrifice before the prayer and I have got a Jadha'a which is better than an old sheep." The Prophet said, "Slaughter it to make up for that, but it will not be sufficient for anybody else after you."

that when Allah's Apostle sent him and Mu`adh bin Jabal to Yemen, he said to them, "Facilitate things for the people (treat the people in the most agreeable way), and do not make things difficult for them, and give them glad tidings, and let them not have aversion (i.e. to make the people hate good deeds) and you should both work in cooperation and mutual understanding, obey each other." Abu Musa said, "O Allah's Apostle! We are in a land in which a drink named Al Bit' is prepared from honey, and another drink named Al-Mizr is prepared from barley." On that, Allah's Apostle said, "All intoxicants (i.e. all alcoholic drinks) are prohibited."

(the wife of the Prophet) `Umar bin Al-Khattab used to say to Allah's Apostle "Let your wives be veiled" But he did not do so. The wives of the Prophet used to go out to answer the call of nature at night only at Al-Manasi.' Once Sauda, the daughter of Zam`a went out and she was a tall woman. `Umar bin Al-Khattab saw her while he was in a gathering, and said, "I have recognized you, O Sauda!" He (`Umar) said so as he was anxious for some Divine orders regarding the veil (the veiling of women.) So Allah revealed the Verse of veiling. (Al-Hijab; a complete body cover excluding the eyes). (See Hadith No. 148, Vol. 1)

Allah's Apostle said, "The Hour will not be established till the sun rises from the west, and when it rises (from the west) and the people see it, then all of them will believe (in Allah). But that will be the time when 'No good it will do to a soul to believe then. If it believed not before.."' (6.158) The Hour will be established (so suddenly) that two persons spreading a garment between them will not be able to finish their bargain, nor will they be able to fold it up. The Hour will be established while a man is carrying the milk of his she-camel, but cannot drink it; and the Hour will be established when someone is not able to prepare the tank to water his livestock from it; and the Hour will be established when some of you has raised his food to his mouth but cannot eat it."

A man came to Allah's Apostle and said, "O Allah's Apostle! By Allah, I fail to attend the morning congregational prayer because so-and-so (i.e., Mu`adh bin Jabal) prolongs the prayer when he leads us for it." I had never seen the Prophet more furious in giving advice than he was on that day. He then said, "O people! some of you make others dislike (good deeds, i.e. prayers etc). So whoever among you leads the people in prayer, he should shorten it because among them there are the old, the weak and the busy (needy having some jobs to do). (See Hadith No. 90, Vol. 1)

Allah's Apostle said, "A man who never did any good deed, said that if he died, his family should burn him and throw half the ashes of his burnt body in the earth and the other half in the sea, for by Allah, if Allah should get hold of him, He would inflict such punishment on him as He would not inflict on anybody among the people. But Allah ordered the sea to collect what was in it (of his ashes) and similarly ordered the earth to collect what was in it (of his ashes). Then Allah said (to the recreated man ), 'Why did you do so?' The man replied, 'For being afraid of You, and You know it (very well).' So Allah forgave him."

The Prophet said, "If you let loose your hound after a game and mention Allah's Name on sending it, and the hound catches the game and kills it, then you can eat of it. But if the hound eats of it, then you should not eat thereof, for the hound has caught it for itself. And if along with your hound, joined other hounds, and Allah's Name was not mentioned at the time of their sending, and they catch an animal and kill it, you should not eat of it, for you will not know which of them has killed it. And if you have thrown an arrow at the game and then find it (dead) two or three days later and, it bears no mark other than the wound inflicted by your arrow, then you can eat of it. But if the game is found (dead) in water, then do not eat of it."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from his paternal uncle, Wasi ibn Habban, that Abdullah ibn Umar said, "People say, 'When you sit to relieve yourself, do not face the qibla or the Bayt al-Maqdis.' "

Abdullah continued, "I went upon top of a house of ours and saw the Messenger of Allah, may Allah bless him and grant him peace, (squatting) on two unfired bricks facing the Bayt al-Maqdis, relieving himself."

Ibn Umar added, "Perhaps you are one of those who pray folded on their haunches."

Wasi replied, "I don't know, by Allah!"

Yahya related to me from Malik that Yahya ibn Said said, "Once Muhammad ibn Yahya ibn Habban and I were sitting down, and Muhammad called a man over to him and said to him, 'Tell me what you have heard from your father.' The man replied that his father had told him that he went to Zayd ibn Thabit and asked him, 'What do you think of reciting the whole Qur'an in seven days?' Zayd said, 'That's good, but I prefer to recite it in two weeks, or ten days. Ask me why that is.' He said, 'I ask you then.' Zayd said, 'So that I can reflect on it and pause in it.' "

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "Two men from the Ashja tribe told me that Muhammad ibn Maslama al-Ansari used tocome to them to collect their zakat, and he would say to anyone who owned livestock, 'Select (the animal for) the zakat on your livestock and bring it to me,' and he would accept any sheep that was brought to him provided it met the requirements of what the man owed."

Malik said, "The sunna with us, and what I have seen the people of knowledge doing in our city, is that things are not made difficult for the muslims in their paying zakat, and whatever they offer of their livestock is accepted from them."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child, and he said, "She should break the fast and feed a poor man one mudd of wheat in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah, the Exalted and Glorified, says, 'And whoever of you is sick or on a journey should fast an equal number of other days, ' and they consider her pregnancy and her concern for her child as a sickness."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like.

Malik said, "I do not see any harm in eating game which is pierced by a throwing stick in a vital organ.

Allah, the Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain.' " (Sura 5 ayat 97).

Yahya said, "Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ, is acceptable as Allah, the Exalted, has said."

Once he waited for Al-Hasan and he did not show up till it was about the usual time for him to start his speech; then he came and apologized saying, "Our neighbors invited us." Then he added, "Narrated Anas, 'Once we waited for the Prophet till it was midnight or about midnight. He came and led the prayer, and after finishing it, he addressed us and said, 'All the people prayed and then slept and you had been in prayer as long as you were waiting for it." Al-Hasan said, "The people are regarded as performing good deeds as long as they are waiting for doing good deeds." Al-Hasan's statement is a portion of Anas's [??] Hadith from the Prophet .

The Prophet prayed one of the `Isha' prayer in his last days and after finishing it with Taslim, he stood up and said, "Do you realize (the importance of) this night? Nobody present on the surface of the earth tonight would be living after the completion of one hundred years from this night." The people made a mistake in grasping the meaning of this statement of Allah's Apostle and they indulged in those things which are said about these narrators (i.e. some said that the Day of Resurrection will be established after 100 years etc.) But the Prophet said, "Nobody present on the surface of earth tonight would be living after the completion of 100 years from this night"; he meant "When that century (people of that century) would pass away."

(freed slave of) Ziyad: I heard Abu Sa`id Al-khudri narrating four things from the Prophet and I appreciated them very much. He said, conveying the words of the Prophet. (1) "A woman should not go on a two day journey except with her husband or a Dhi-Mahram. (2) No fasting is permissible on two days: `Id-ul-Fitr and `Id-ul-Adha. (3) No prayer after two prayers, i.e. after the Fajr prayer till the sunrises and after the `Asr prayer till the sun sets. (4) Do not prepare yourself for a journey except to three Mosques, i.e. Al-Masjid-AI-Haram, the Mosque of Aqsa (Jerusalem) and my Mosque."

When the time of the Battle of Uhud approached, my father called me at night and said, "I think that I will be the first amongst the companions of the Prophet to be martyred. I do not leave anyone after me dearer to me than you, except Allah's Apostle's soul and I owe some debt and you should repay it and treat your sisters favorably (nicely and politely)." So in the morning he was the first to be martyred and was buried along with another (martyr). I did not like to leave him with the other (martyr) so I took him out of the grave after six months of his burial and he was in the same condition as he was on the day of burial, except a slight change near his ear.

(mother of the faithful believers) I bought a cushion with pictures on it. When Allah's Apostle saw it, he kept standing at the door and did not enter the house. I noticed the sign of disgust on his face, so I said, "O Allah's Apostle! I repent to Allah and H is Apostle . (Please let me know) what sin I have done." Allah's Apostle said, "What about this cushion?" I replied, "I bought it for you to sit and recline on." Allah's Apostle said, "The painters (i.e. owners) of these pictures will be punished on the Day of Resurrection. It will be said to them, 'Put life in what you have created (i.e. painted).' " The Prophet added, "The angels do not enter a house where there are pictures."

"The Messenger of Allah (saws) took the hand of a leper and put it in the Qas'ah. Then he said: 'Eat in Allah's Name, trusting in Allah and relying upon Him.'"

[Abu 'Eisa said:] This is a Gharib Hadith, we do not know of it except through the report of Yunus bin Muhammad, from Al-Mufaddal bin Fadalah, a Shaikh from Al-Basrah. There is another Shaikh from Al-Basrah named Al-Mufaddal bin Fadalah, who is more reliable han this one and more popular. Shu'bah reported this Hadith from Habib bin Ash-Shahid, from Ibn Buraidah: "That Ibn 'Umar took the hand of a leper" and the narration of Shu'bah is more appropriate to me and more correct.

He said: There are narrations on this topic from Al-Bara' bin 'Azib and Rifa'ah.

[Abu 'Eisa said:] The Hadith of Qais bin Abi Gharazah (a narrator) is a Hasan Sahih Hadith.

Mansur, Al-A'mash, Habib bin Abi Thabit and others reported it from Abu Wa'il, from Qais bin Abi Gharzah, from the Prophet (saws). We do not know of anything from the Prophet (saws) narrated by Qais other than this.