Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

The Prophet mentioned a man from the people of the past or those who preceded you. The Prophet said a sentence meaning: Allah had given him wealth and children. When his death approached, he said to his sons, "What kind of father have I been to you?" They replied, "You have been a good father." He told them that he had not presented any good deed before Allah, and if Allah should get hold of him He would punish him.' "So look!" he added, "When I die, burn me, and when I turn into coal, crush me, and when there comes a windy day, scatter my ashes in the wind." The Prophet added, "Then by Allah, he took a firm promise from his children to do so, and they did so. (They burnt him after his death) and threw his ashes on a windy day. Then Allah commanded to his ashes. "Be," and behold! He became a man standing! Allah said, "O My slave! What made you do what you did?" He replied, "For fear of You." Nothing saved him then but Allah's Mercy (So Allah forgave him).

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

`Umar bin Al-Khattab asked the permission of Allah's Apostle to see him while some Quraishi women were sitting with him, talking to him and asking him for more expenses, raising their voices above the voice of Allah's Apostle. When `Umar asked for the permission to enter, the women quickly put on their veils. Allah'sf Apostle allowed him to enter and `Umar came in while Allah's Apostle was smiling, `Umar said "O Allah's Apostle! May Allah always keep you smiling." The Prophet said, "These women who have been here, roused my wonder, for as soon as they heard your voice, they quickly put on their veils. "`Umar said, "O Allah's Apostle! You have more right to be feared by them than I." Then `Umar addressed the women saying, "O enemies of yourselves! You fear me more than you do Allah's Apostle ?" They said, "Yes, for you are harsher and sterner than Allah's Apostle." Then Allah's Apostle said, "O Ibn Al-Khattab! By Him in Whose Hands my life is! Never does Satan find you going on a way, but he takes another way other than yours."

When `Umar was stabbed, he showed signs of agony. Ibn `Abbas, as if intending to encourage `Umar, said to him, "O Chief of the believers! Never mind what has happened to you, for you have been in the company of Allah's Apostle and you kept good relations with him and you parted with him while he was pleased with you. Then you were in the company of Abu Bakr and kept good relations with him and you parted with him (i.e. he died) while he was pleased with you. Then you were in the company of the Muslims, and you kept good relations with them, and if you leave them, you will leave them while they are pleased with you." `Umar said, (to Ibn "Abbas), "As for what you have said about the company of Allah's Apostle and his being pleased with me, it is a favor, Allah did to me; and as for what you have said about the company of Abu Bakr and his being pleased with me, it is a favor Allah did to me; and concerning my impatience which you see, is because of you and your companions. By Allah! If (at all) I had gold equal to the earth, I would have ransomed myself with it from the Punishment of Allah before I meet Him."

Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it.

He told him that he had heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree.

The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (saws). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam.

Rafi' said to him: I heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.

Abu Dawud said: Kathar means pith of the palm-tree.

Al-Aqra', the mu'adhdhin (announcer) of Umar ibn al-Khattab said: Umar sent me to a bishop and I called him.

Umar said to him: Do you find me in the Book? He said: Yes. He asked: How do you find me? He said: I find you (like a) castle. Then he raised a whip to him, saying: What do you mean by castle? He replied: An iron castle and severely trustworthy. He asked: How do you find the one who will come after me? He said: I find him a pious caliph, except that he will prefer his relatives. Umar said: May Allah have mercy on Uthman: He said it three times. He then asked: How do you find the one who will come after him?

He replied: I find him like rusty iron. Umar then put his hand on his head, and said: O filthy! O filthy! He said: Commander of the Faithful! He is a pious caliph, but when he is made caliph, the sword will be unsheathed and blood will be shed.

Abu Dawud said: Al-dafr means filth or evil smell.

While I was praying, Allah's Apostle passed me and called me, but I did not go to him until I had finished the prayer. Then I went to him, and he said, "What prevented you from coming to me? Didn't Allah say:-- "O you who believe! Answer the call of Allah (by obeying Him) and His Apostle when He calls you?" He then said, "I will inform you of the greatest Sura in the Qur'an before I leave (the mosque)." When Allah's Apostle got ready to leave (the mosque), I reminded him. He said, "It is: 'Praise be to Allah, the Lord of the worlds.' (i.e. Surat-al-Fatiha) As-sab'a Al-Mathani (the seven repeatedly recited Verses).

The Prophet said, "The prayer offered in congregation is twenty five times more superior (in reward) to the prayer offered alone in one's house or in a business center, because if one performs ablution and does it perfectly, and then proceeds to the mosque with the sole intention of praying, then for each step which he takes towards the mosque, Allah upgrades him a degree in reward and (forgives) crosses out one sin till he enters the mosque. When he enters the mosque he is considered in prayer as long as he is waiting for the prayer and the angels keep on asking for Allah's forgiveness for him and they keep on saying: 'O Allah! Be Merciful to him, O Allah! Forgive him, as long as he keeps on sitting at his praying place and does not pass wind. (See Hadith No. 620).

While I was walking in company with the Prophet in one of the fields of Medina, the Prophet was reclining on a palm leave stalk which he carried with him. We passed by a group of Jews. Some of them said to the others, "Ask him about the spirit." The others said, "Do not ask him, lest he would say something that you hate." Some of them said, "We will ask him." So a man from among them stood up and said, 'O Abal-Qasim! What is the spirit?" The Prophet kept quiet and I knew that he was being divinely inspired. Then he said: "They ask you concerning the Spirit, Say: The Spirit; its knowledge is with my Lord. And of knowledge you (mankind) have been given only a little." (17.85)

Yahya related to me from Malik from Muslim ibn Abi Maryam that AIi ibn Abd ar-Rahman al-Muawi said, "Abdullah ibn Umar saw me playing with some small pebbles in the prayer. When I finished he forbade me, saying, 'Do as the Messenger of Allah, may Allah bless him and grant him peace, did.' I said, 'What did the Messenger of Allah, may Allah bless him and grant him peace, do?' He said, 'When he sat in the prayer, he placed his right hand on his right thigh and he closed his fist and pointed his index finger, and he placed his left hand on his left thigh. That is what he used to do.' "

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Ibrahim that Abd ar-Rahman ibn Abi Amra al-Ansari said that Uthman ibn Affan came to the isha prayer and seeing only a few people in the mosque, he lay down at the back of the mosque to wait for the number of people to increase. Ibn Abi Amra went and sat down beside him and Uthman asked him who he was, so he told him. Uthman said, "What have you memorised of the Qur'an?", and he told him. Uthman said, "If someone is present at isha, it is as if he had stood in prayer for half a night, and if some one is present at subh, it is as if he had stood in prayer for a whole night.

Yahya related to me from Malik, from Ibn Shihab, that Muhammad ibn Abdullah ibn al-Harith ibn Nawfal ibn Abd al-Muttalib told him that he had heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussing tamattu in between umra and hajj. Ad-Dahhak ibn Qays said, "Only someone who is ignorant of what Allah, the Exalted and Glorified, says would do that." Whereupon Sad said, "How wrong is what you have just said, son of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattab forbade that," and Sad said, "The Messenger of Allah, may Allah bless him and grant him peace, did it, and we did it with him."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, made his camel kneel down at al-Batha, which is at Dhu'l-Hulayfa, and prayed there. Nafi said, "Abdullah ibn Umar used to do that."

Malik said, "No-one should go past al-Muarras when he is returning from hajj without praying there. If he passes it at a time when prayer is not permissible he should stay there until prayer is permissible and then pray whatever he feels is appropriate. (This is) because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, stopped there to rest, and that Abdullah ibn Umar stopped his camel there also."

Some people from the Ansar asked Allah's Apostle (to give them something) and he gave to everyone of them, who asked him, until all that he had was finished. When everything was finished and he had spent all that was in his hand, he said to them, '"(Know) that if I have any wealth, I will not withhold it from you (to keep for somebody else); And (know) that he who refrains from begging others (or doing prohibited deeds), Allah will make him contented and not in need of others; and he who remains patient, Allah will bestow patience upon him, and he who is satisfied with what he has, Allah will make him self-sufficient. And there is no gift better and vast (you may be given) than patience."

the mother of the believers: Allah's Apostle in his illness said, "Tell Abu Bakr to lead the people in prayer." I said to him, "If Abu Bakr stands in your place, the people would not hear him owing to his (excessive) weeping. So please order `Umar to lead the prayer." `Aisha added I said to Hafsa, "Say to him: If Abu Bakr should lead the people in the prayer in your place, the people would not be able to hear him owing to his weeping; so please, order `Umar to lead the prayer." Hafsa did so but Allah's Apostle said, "Keep quiet! You are verily the Companions of Joseph. Tell Abu Bakr to lead the people in the prayer. " Hafsa said to `Aisha, "I never got anything good from you."

Ali remained behind the Prophet during the battle of Khaibar as he way suffering from some eye trouble but then he said, "How should I stay behind Allah's Apostle?" So, he set out till he joined the Prophet. On the eve of the day of the conquest of Khaibar, Allah's Apostle said, "(No doubt) I will give the flag or, tomorrow, a man whom Allah and His Apostle love or who loves Allah and His apostle will take the flag. Allah will bestow victory upon him." Suddenly 'Ali joined us though we were not expecting him. The people said, "Here is 'Ali. "So, Allah's Apostle gave the flag to him and Allah bestowed victory upon him.

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. Hafsa called her and said, "I will tell you something., but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you, you have no authority at all." Therefore she pronounced her divorce from him three times.

Malik related to me from Yahya ibn Said from Amra bint Abd ar- Rahman that Barira came asking the help of A'isha, umm al-muminin. A'isha said, "If your masters agree that I pay them your price in one lump sum and set you free I will do it." Barira mentioned that to her masters and they said, "No, not unless your wala' is ours." Yahya ibn Said added that Amra bint Abd ar-Rahman claimed that A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace said, "Buy her and set her free. The wala' only belongs to the one who sets free."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man was walking on a road when he became very thirsty. He found a well and went into it and drank and came out. There was a dog panting and eating earth out of thirst. The man said, 'This dog has become as thirsty as I was.' He went down into the well and filled his shoe and then held it in his mouth until he climbed out and gave the dog water to drink. Allah thanked him for it and forgave him." They said, "Messenger of Allah, do we have a reward for taking care of beasts?" He said, "There is a reward for every one with a moist liver."

Yahya related to me from Malik that Humayd ibn Qays al-Makki said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, with the two sons of Jafar ibn Abi Talib. He said to their nursemaid, 'Why do I see them so thin?' Their nursemaid said, 'Messenger of Allah, the evil eye goes quickly to them. Nothing stops us from asking someone to make incantations (using ayats of Qur'an) for them, except that we do not know what of that would agree with you.' The Messenger of ,Allah, may Allah bless him and grant him peace, said, 'Make incantations for them. Had anything been able to precede the decree, the evil eye would precede it.' "

They said, "Messenger of Allah, Why is that?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It is harmful."

The Messenger of Allah (saws) would not say funeral prayer over a person who died while the debt was due from him. A dead Muslim was brought to him and he asked: Is there any debt due from him? They (the people) said: Yes, two dirhams. He said: Pray yourselves over your companion.

Then AbuQatadah al-Ansari said: I shall pay them, Messenger of Allah. The Messenger of Allah (saws) then prayed over him.

When Allah granted conquests to the Messenger of Allah (saws), he said: I am nearer to every believer than himself, so if anyone (dies and) leaves a debt, I shall be responsible for paying it; and if anyone leaves property, it goes to his heirs.

Safinah AbuAbdurRahman said that a man prepared food for Ali ibn AbuTalib who was his guest, and Fatimah said: I wish we had invited the Messenger of Allah (saws) and he had eaten with us. They invited him, and when he came he put his hands on the side-ports of the door, but when he saw the figured curtain which had been put at the end of the house, he went away. So Fatimah said to Ali: Follow him and see what turned him back. I (Ali) followed him and asked: What turned you back, Messenger of Allah? He replied: It is not fitting for me or for any Prophet to enter a house which is decorated.

A man alighted at Harrah with his wife and children. A man said (to him): My she-camel has strayed; if you find it, detain it.

He found it, but did not find its owner, and it fell ill. His wife said: Slaughter it. But he refused and it died.

She said: Skin it so that we may dry its fat and flesh and then eat them.

He said: Let me ask the Messenger of Allah (saws). So he came to him (the Prophet) and asked him. He said: Have you sufficient for your needs? He replied: No. He then said: Then eat it.

Then its owner came and he told him the story. He said: Why did you not slaughter it? He replied: I was ashamed (or afraid) of you.

Ayyub ibn Bushayr ibn Ka'b al-Adawi quoted a man of Anazah who said that he asked AbuDharr when he left Syria: I wish to ask you about a tradition of the Messenger of Allah (saws). He said: I shall tell you except that it is something secret. Did the Messenger of Allah (saws) shake hands with you when you met him? He replied: I never met him without his shaking hands with me. One day he sent for me when I was not at home. When I came I was informed that he had sent for me. I came to him and found him on a couch. He embraced me and that was better and better.