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.

Whenever Allah's Apostle (p.b.u.h) ordered us to give in charity, we used to go to the market and work as porters and get a Mudd (a special measure of grain) and then give it in charity. (Those were the days of poverty) and today some of us have one hundred thousand.

A sheep was sent to me (Nusaiba Al-Ansariya) (in charity) and I sent some of it to `Aisha. The Prophet asked `Aisha for something to eat. `Aisha replied that there was nothing except what Nusaiba Al-Ansariya had sent of that sheep. The Prophet said to her, "Bring it as it has reached its place."

From Sa`d bin Mu`adh: Sa`d bin Mu`adh was an intimate friend of Umaiya bin Khalaf and whenever Umaiya passed through Medina, he used to stay with Sa`d, and whenever Sa`d went to Mecca, he used to stay with Umaiya. When Allah's Apostle arrived at Medina, Sa`d went to perform `Umra and stayed at Umaiya's home in Mecca. He said to Umaiya, "Tell me of a time when (the Mosque) is empty so that I may be able to perform Tawaf around the Ka`ba." So Umaiya went with him about midday. Abu Jahl met them and said, "O Abu Safwan! Who is this man accompanying you?" He said, "He is Sa`d." Abu Jahl addressed Sa`d saying, "I see you wandering about safely in Mecca inspite of the fact that you have given shelter to the people who have changed their religion (i.e. became Muslims) and have claimed that you will help them and support them. By Allah, if you were not in the company of Abu Safwan, you would not be able to go your family safely." Sa`d, raising his voice, said to him, "By Allah, if you should stop me from doing this (i.e. performing Tawaf) I would certainly prevent you from something which is more valuable for you, that is, your passage through Medina." On this, Umaiya said to him, "O Sa`d do not raise your voice before Abu-l-Hakam, the chief of the people of the Valley (of Mecca)." Sa`d said, "O Umaiya, stop that! By Allah, I have heard Allah's Apostle predicting that the Muslim will kill you." Umaiya asked, "In Mecca?" Sa`d said, "I do not know." Umaiya was greatly scared by that news. When Umaiya returned to his family, he said to his wife, "O Um Safwan! Don't you know what Sa`d told me? "She said, "What has he told you?" He replied, "He claims that Muhammad has informed them (i.e. companions that they will kill me. I asked him, 'In Mecca?' He replied, 'I do not know." Then Umaiya added, "By Allah, I will never go out of Mecca." But when the day of (the Ghazwa of) Badr came, Abu Jahl called the people to war, saying, "Go and protect your caravan." But Umaiya disliked to go out (of Mecca). Abu Jahl came to him and said, "O Abu Safwan! If the people see you staying behind though you are the chief of the people of the Valley, then they will remain behind with you." Abu Jahl kept on urging him to go until he (i.e. Umaiya) said, "As you have forced me to change my mind, by Allah, I will buy the best camel in Mecca. Then Umaiya said (to his wife). "O Um Safwan, prepare what I need (for the journey)." She said to him, "O Abu Safwan! Have you forgotten what your Yathribi brother told you?" He said, "No, but I do not want to go with them but for a short distance." So when Umaiya went out, he used to tie his camel wherever he camped. He kept on doing that till Allah caused him to be killed at Badr.

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

Anas looked at the people wearing Tailsans (i.e. a special kind of head covering worn by Jews in old days). On that Anas said, "At this moment they (i.e. those people) look like the Jews of Khaibar."

When it was the day of the Conquest (of Mecca) Allah's Apostle distributed the war booty amongst the people of Quraish which caused the Ansar to become angry. So the Prophet said, "Won't you be pleased that the people take the worldly things and you take Allah's Apostle with you? "They said, "Yes." The Prophet said, "If the people took their way through a valley or mountain pass, I would take my way through the Ansar's valley or mountain pass."

The Prophet said, "Whoever manumits his share of a jointly possessed slave, it is essential for him to manumit the slave completely if he has sufficient money. Otherwise he should look for some work for the slave (to earn what would enable him to emancipate himself), without overburdening him with work."

Allah's Apostle said, "A prostitute was forgiven by Allah, because, passing by a panting dog near a well and seeing that the dog was about to die of thirst, she took off her shoe, and tying it with her head-cover she drew out some water for it. So, Allah forgave her because of that."

'A'isha reported that some Abyssinians came and gave a demonstration of armed fight on the 'Id day in the mosque. The Apostle of Allah (may peace be upon him) invited me (to see that fight). I placed my head on his shoulder and began to see their sport till it was I who turned away from watching them.

Abu Dawud said: Al-Auza'i, Yunus and 'Uqail did not mention tanning. al-Zubaidi, Sa'id b. 'Abd al-Aziz and Hafs b. 'Abd al-'Aziz mentioned tanning.

Ali said (to the people of 'Iraq), "Judge as you used to judge, for I hate differences (and I do my best ) till the people unite as one group, or I die as my companions have died."

Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

Allah's Apostle said, "(The Prophet) Moses was a shy person and used to cover his body completely because of his extensive shyness. One of the children of Israel hurt him by saying, 'He covers his body in this way only because of some defect in his skin, either leprosy or scrotal hernia, or he has some other defect.' Allah wished to clear Moses of what they said about him, so one day while Moses was in seclusion, he took off his clothes and put them on a stone and started taking a bath. When he had finished the bath, he moved towards his clothes so as to take them, but the stone took his clothes and fled; Moses picked up his stick and ran after the stone saying, 'O stone! Give me my garment!' Till he reached a group of Bani Israel who saw him naked then, and found him the best of what Allah had created, and Allah cleared him of what they had accused him of. The stone stopped there and Moses took and put his garment on and started hitting the stone with his stick. By Allah, the stone still has some traces of the hitting, three, four or five marks. This was what Allah refers to in His Saying:-- "O you who believe! Be you not like those Who annoyed Moses, But Allah proved his innocence of that which they alleged, And he was honorable In Allah's Sight." (33.69)

I will narrate to you a narration which nobody will narrate to you after me. I heard that from the Prophet. I heard the Prophet saying, "The Hour will not be established" or said: "From among the portents of the Hour is that the religious knowledge will betaken away (by the death of religious Scholars) and general ignorance (of religion) will appear; and the drinking of alcoholic drinks will be very common, and (open) illegal sexual intercourse will prevail, and men will decrease in number while women will increase so much so that, for fifty women there will only be one man to look after them."

Muslim al-Qurri heardlbn 'Abbas (Allah be pleased with them) saying that Allah's Apostle (may peace be upon him) entered into the state of Ihram for Umra and his Companions for Hajj. Neither Allah's Apostle (may peace be upon him) nor those among his Companions who had brought sacrificial animals with them put off Ihram, whereas the rest (of the pilgrims) did so. Talha b. Ubaidullah was one of those who had brought the sacrificial animals along with them so he did not put off Ihram.

A man from Aslam tribe said: I was sitting with the Messenger of Allah (saws). A man from among his Companions came and said: Messenger of Allah! I have been stung last night, and I could not sleep till morning. He asked: What was that? He replied: A scorpion.

He said: Oh, had you said in the evening: "I take refuge in the perfect words of Allah from the evil of what He created," nothing would have harmed you, Allah willing.

Abu Dawud said : By aloes wood he meant costus.

The Prophet sent an army unit (for some campaign) and appointed a man from the Ansar as its commander and ordered them (the soldiers) to obey him. (During the campaign) he became angry with them and said, "Didn't the Prophet order you to obey me?" They said, "Yes." He said, "I order you to collect wood and make a fire and then throw yourselves into it." So they collected wood and made a fire, but when they were about to throw themselves into, it they started looking at each other, and some of them said, "We followed the Prophet to escape from the fire. How should we enter it now?" So while they were in that state, the fire extinguished and their commander's anger abated. The event was mentioned to the Prophet and he said, "If they had entered it (the fire) they would never have come out of it, for obedience is required only in what is good." (See Hadith No. 629. Vol. 5)

Yahya related to me from Malik from Yahya ibn Said from Bushayr ibn Yasar, the mawla of the Bani Haritha, that Suwayd ibn anNuman told him that he went with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition to Khaybar. When they reached as Suhba, which was near Khaybar, the Messenger of Allah, may Allah bless him and grant him peace, stopped and prayed asr. He asked for provisions but only parched barley was brought, so he asked for it to be moistened. The Messenger of Allah, may Allah bless him and grant him peace, ate and the people ate with him. Then he got up to do maghrib and rinsed his mouth out and they rinsed out theirs. Then he prayed without doing wudu.

Yahya related to me from Malik that Yahya ibn Said said, "The Messenger of Allah, may Allah bless him and grant him peace, had wanted to take two pieces of wood to strike them together to gather people for the prayer, and Abdullah ibn Zayd al-Ansari, then of the tribe of Harith ibn al-Khazraj, was shown two pieces of wood in his sleep. He said, 'These are close to what the Messenger of Allah, may Allah bless him and grant him peace, wants.' Then it was said, 'Do you not call to the prayer?', so when he woke up he went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned the dream to him. The Messenger of Allah, may Allah bless him and grant him peace, ordered the adhan."

Abu Jamra Nasr bin `Imran Ad-Duba'i said, "I intended to perform Hajj-at-Tamattu` and the people advised me not to do so. I asked Ibn `Abbas regarding it and he ordered me to perform Hajj-at- Tammatu'. Later I saw in a dream someone saying to me, 'Hajj-Mabrur (Hajj performed in accordance with the Prophet's tradition without committing sins and accepted by Allah) and an accepted `Umra.' So I told that dream to Ibn `Abbas. He said, 'This is the tradition of Abul-Qasim.' Then he said to me, 'Stay with me and I shall give you a portion of my property.' " I (Shu`ba) asked, "Why (did he invite you)?" He (Abu Jamra) said, "Because of the dream which I had seen."

While I was standing amongst the people who were invoking Allah for `Umar bin Al-Khattab who was lying (dead) on his bed, a man behind me rested his elbows on my shoulder and said, "(O `Umar!) May Allah bestow His Mercy on you. I always hoped that Allah will keep you with your two companions, for I often heard Allah's Apostle saying, "I, Abu Bakr and `Umar were (somewhere). I, Abu Bakr and `Umar did (something). I, Abu Bakr and `Umar set out.' So I hoped that Allah will keep you with both of them." I turned back to see that the speaker was `Ali bin Abi Talib.

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

The delegation of `Abdul Qais came to the Prophet and said, "O Allah's Apostle We belong to the tribe of Rabi`a. The infidels of Mudar tribe intervened between us and you so that we cannot come to you except in the Sacred Months, so please order us some things we may act on and invite those left behind to act on. The Prophet said, "I order you to observe four things and forbid you from four things: (I order you) to believe in Allah, i.e. to testify that None has the right to be worshipped except Allah." The Prophet pointed with finger indicating one and added, "To offer prayers perfectly: to give Zakat, and to give one-fifth of the booty you win (for Allah's Sake). I forbid you to use Ad-Dubba', An-Naquir, Al-Hantam and Al-Muzaffat, (Utensils used for preparing alcoholic liquors and drinks).

Three traditions have been established because of Barira: `Aisha intended to buy her and set her free, but Barira's masters said, "Her wala' will be for us." `Aisha mentioned that to Allah's Apostle who said, "You could accept their condition if you wished, for the wala is for the one who manumits the slave." Barira was manumitted, then she was given the choice either to stay with her husband or leave him; One day Allah's Apostle entered `Aisha's house while there was a cooking pot of food boiling on the fire. The Prophet asked for lunch, and he was presented with bread and some extra food from the home-made Udm (e.g. soup). He asked, "Don't I see meat (being cooked)?" They said, "Yes, O Allah's Apostle! But it is the meat that has been given to Barira in charity and she has given it to us as a present." He said, "For Barira it is alms, but for us it is a present."

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Someone who does not stand at Arafa on the night of Muzdalifa

before the dawn breaks has missed the hajj, and some one who stands at Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj.

Malik said, about a slave freed during the wuquf at Arafa, "His standing does not fulfil for him the hajj of Islam, except if he was not in ihram and then he went into ihram after he was freed and he stood at Arafa that same night before the dawn broke in which case that is enough for him. If, however, he did not go into ihram until after the dawn had broken, he is in the same position as someone who misses the hajj by not catching the standing at Arafa before the breaking of the dawn on the night of Muzdalifa, and he will have to do the hajj of Islam later."

The Prophet said, "Who-ever loves to meet Allah, Allah (too) loves to meet him and who-ever hates to meet Allah, Allah (too) hates to meet him". `Aisha, or some of the wives of the Prophet said, "But we dislike death." He said: It is not like this, but it is meant that when the time of the death of a believer approaches, he receives the good news of Allah's pleasure with him and His blessings upon him, and so at that time nothing is dearer to him than what is in front of him. He therefore loves the meeting with Allah, and Allah (too) loves the meeting with him. But when the time of the death of a disbeliever approaches, he receives the evil news of Allah's torment and His Requital, whereupon nothing is more hateful to him than what is before him. Therefore, he hates the meeting with Allah, and Allah too, hates the meeting with him."

The Prophet said, "You will be gathered (on the Day of Judgment), bare-footed, naked and not circumcised." He then recited:--'As We began the first creation, We, shall repeat it: A Promise We have undertaken: Truly we shall do it.' (21.104) He added, "The first to be dressed on the Day of Resurrection, will be Abraham, and some of my companions will be taken towards the left side (i.e. to the (Hell) Fire), and I will say: 'My companions! My companions!' It will be said: 'They renegade from Islam after you left them.' Then I will say as the Pious slave of Allah (i.e. Jesus) said. 'And I was a witness Over them while I dwelt amongst them. When You took me up You were the Watcher over them, And You are a witness to all things. If You punish them. They are Your slaves And if You forgive them, Verily you, only You are the All-Mighty, the All-Wise." (5.120-121)

The Messenger of Allah (saws) announced an expedition, and I was a very old man and I had no servant. I, therefore, sought a hireling who would serve instead of me, and I would give him his portion. So I found a man. When the time of departure arrived, he came to me and said: I do not know what would be the portions, and how much would be my portion. So offer something (as wages) to me, whether there would be any portion or not. I offered three dinars (as his wages) for him. When some booty arrived, I wanted to offer him his portion. But I remembered the dinars, so I went to the Prophet (saws) and mentioned the matter to him. He said: All I can find for him regarding this expedition of his in this world and the next is three dinars which were offered him.

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces of property in various places, or is a co-owner of various pieces of property in various places, none of which individually comes to a zakatable amount, but which, when added together, do come to a zakatable amount, then he adds them together and pays the zakat that is due on them ."

Yazid ibn Nu'aym ibn Huzzal, on his father's authority said: Ma'iz ibn Malik was an orphan under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging to a clan. My father said to him: Go to the Messenger of Allah (saws) and inform him of what you have done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope that it might be a way of escape for him.

So he went to him and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (the Prophet) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (again) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah.

When he uttered it four times, the Messenger of Allah (saws) said: You have said it four times. With whom did you commit it?

He replied: With so and so. He asked: Did you lie down with her? He replied: Yes. He asked: Had your skin been in contact with hers? He replied. Yes. He asked: Did you have intercourse with her? He said: Yes. So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to the Harrah, and while he was being stoned he felt the effect of the stones and could not bear it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him could not catch up with him. He threw the bone of a camel's foreleg at him, which hit him and killed him. They then went to the Prophet (saws) and reported it to him.

He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah.