Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.

Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to the Prophet (saws) after morning, and complained to him against her husband. The Prophet (saws) called on Thabit ibn Qays and said (to him): Take a part of her property and separate yourself from her. He asked: Is that right, Messenger of Allah? He said: Yes. He said: I have given her two gardens of mine as a dower, and they are already in her possession. The Prophet (saws) said: Take them and separate yourself from her.

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.

The Messenger of Allah (saws) said: There will be a period of commotion in which the one who lies down will be better than the one who sits, and the one who sits is better than the one who stands, and the one who stands is better than the one who walks, and the one who walks is better than the one who runs (to it).

He asked: What do you command me to do, Messenger of Allah? He replied: He who has camels should remain with his camels, he who has sheep should remain with his sheep, and he who has land should remain with his land.

He asked: If anyone has more of these, (what should he do)?

He replied: He should take his sword, strike its edge on a stone, and then escape if he can.

The Messenger of Allah (saws) took a signet-ring of gold, and put the stone next the palm of his hand. He engraved on it "Muhammad, the Messenger of Allah". The people then took signet-rings of gold. When he saw that they had taken them (like his ring) he threw it away and said: I shall never wear it. He then fashioned a silver ring and engraved on it "Muhammad, the Messenger of Allah". Then Abu Bakr wore it after him, then 'Umar wore it after Abu Bakr, and the 'Uthman wore it after 'Umar till it fell down in a well called Aris.

Abu Dawud said: The people did not disagree on 'Uthman till the signet-rin fell down from his hand.

A man whom the Prophet (saws) made the following verse read informed me, or he was informed by a man whom a man made the following verse read through a man whom the Prophet (saws) made the following verse read: "For, that day His chastisement will be such as none (else) can be inflicted (la yu'adhdhabu)

Abu Dawud said: 'Asim, al-A'mash, Talhah b. Musarrif, Abu Ja'far Yazid b. al-Qa'qa', Shaibah b. Nassah, Nafi' b. 'Abd al-Rahman, 'Abd Allah b. Kathir al-Dari, Abu 'Amr b. al-'Ala', Hamzat al-Zayyat, 'Abd al-Rahman al-A'raj, Qatadah, al-Hasan al-Basri, Mujahid, Hamid al=A'raj, Abd Allah b. 'Abbas and 'Abd al-Rahman b. Abi Bakr recited: "For,that day His chastisement will be such as none (else) can inflict (la ya'adhdhibu), and His bonds will be such as none (other) can bind (wa la yathiqu), except the verse mentioned in this tradition from the Prophet (saws). It has een read yu'adhdhabu with short vowel a in passive voice.

The Messenger of Allah (saws) would be overtaken by the dawn when he was in a state of sexual defilement. The narrator 'Abd Allah al-Adhrami said in his version: During Ramadan, due to sexual intercourse and no owing to a dream (i.e. nocturnal emission), and would fast.

Abu Dawud said: How brief is this sentence uttered by the narrator, this is, "he was overtaken by daw when he was in the state of sexual defilement"? The tradition says: The Prophet (saws) was overtaken by dawn in the state of sexual defilement when he was fasting.

"Ibn 'Umar and I went to Abu Sa'eed and he narrated to us: 'the Messenger of Allah (saws) said - and I heard him with these [two] ears: "Do not sell gold for gold except kind for kind, nor sliver for silver except kind for kind, do not exchange more of one than the other, and do not sell what is not present from them for what is present."

[Abu 'Eisa said:] There are narrations on this topic from Abu Bakr, 'Umar, 'Uthman, Abu Hurairah, Hisham bin 'Amir, Al-Bara', Zaid bin Arqam, Fadalah bin 'Ubaid, Abu Bakrah, Ibn 'Umar, Abu Ad-Darda', and Bilal.

[He said:] The Hadith of Abu Sa'eed, from the Prophet (saws) [about Riba] is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others, except for what has been related from Ibn 'Abbas; he did not see any harm in exchanging gold for gold or silver for silver, more for less, when it is done hand in hand, and he said: "Riba' is only in credit." Similar it has been related from some of his companions. It has been related that Ibn 'Abbas changed his opinion when Abu Sa'eed narrated it to him from the Prophet (saws). The first view is more correct.

And this is acted upon according to the people of knowledge [among the Companions of the Prophet (saws) and others]. It is the view of Sufyan Ath-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. It has been reported that Ibn Al-Mubarak said: "There is no difference over exchange."

`Abdur-Rahman bin Abu Bakr entered upon the Prophet while I was supporting the Prophet on my chest. `AbdurRahman had a fresh Siwak then and he was cleaning his teeth with it. Allah's Apostle looked at it, so I took the Siwak, cut it (chewed it with my teeth), shook it and made it soft (with water), and then gave it to the Prophet who cleaned his teeth with it. I had never seen Allah's Apostle cleaning his teeth in a better way. After finishing the brushing of his teeth, he lifted his hand or his finger and said thrice, "O Allah! Let me be with the highest companions," and then died. `Aisha used to say, "He died while his head was resting between my chest and chin."

We entered upon Ibn `Abbas and he said "Are you not astonished at Ibn Az-Zubair's assuming the caliphate?" I said (to myself), "I will support him and speak of his good traits as I did not do even for Abu Bakr and `Umar though they were more entitled to receive al I good than he was." I said "He (i.e Ibn Az-Zubair) is the son of the aunt of the Prophet and the son of AzZubair, and the grandson of Abu Bakr and the son of Khadija's brother, and the son of `Aisha's sister." Nevertheless, he considers himself to be superior to me and does not want me to be one of his friends. So I said, "I never expected that he would refuse my offer to support him, and I don't think he intends to do me any good, therefore, if my cousins should inevitably be my rulers, it will be better for me to be ruled by them than by some others."

Once the Prophet was riding his camel and a man was holding its rein. The Prophet asked, "What is the day today?" We kept quiet, thinking that he might give that day another name. He said, "Isn't it the day of Nahr (slaughtering of the animals of sacrifice)" We replied, "Yes." He further asked, "Which month is this?" We again kept quiet, thinking that he might give it another name. Then he said, "Isn't it the month of Dhul-Hijja?" We replied, "Yes." He said, "Verily! Your blood, property and honor are sacred to one another (i.e. Muslims) like the sanctity of this day of yours, in this month of yours and in this city of yours. It is incumbent upon those who are present to inform those who are absent because those who are absent might comprehend (what I have said) better than the present audience."

On the 1st of Dhul-Hijja we set out with the intention of performing Hajj. Allah's Apostle said, "Any one who likes to assume the Ihram for `Umra he can do so. Had I not brought the Hadi with me, I would have assumed the Ihram for `Umra. "Some of us assumed the Ihram for `Umra while the others assumed the Ihram for Hajj. I was one of those who assumed the Ihram for `Umra. I got menses and kept on menstruating until the day of `Arafat and complained of that to the Prophet. He told me to postpone my `Umra, undo and comb my hair, and to assume the Ihram of Hajj and I did so. On the night of Hasba, he sent my brother `Abdur-Rahman bin Abi Bakr with me to at-Tan`im, where I assumed the Ihram for `Umra in lieu of the previous one. Hisham said, "For that (`Umra) no Hadi, fasting or alms were required.

That he heard Allah's Apostle saying, "If a judge gives a verdict according to the best of his knowledge and his verdict is correct (i.e. agrees with Allah and His Apostle's verdict) he will receive a double reward, and if he gives a verdict according to the best of his knowledge and his verdict is wrong, (i.e. against that of Allah and His Apostle) even then he will get a reward ."

Zainab bint Abu Salama told me these three narrations: Zainab said: I went to Um Habiba, the wife of the Prophet when her father, Abu- Sufyan bin Herb had died. Um ,Habiba asked for a perfume which contained yellow scent (Khaluq) or some other scent, and she first perfumed one of the girls with it and then rubbed her cheeks with it and said, "By Allah, I am not in need of perfume, but I have heard Allah's Apostle saying, 'It is not lawful for a lady who believes in Allah and the Last Day to mourn for a dead person for more than three days unless he is her husband for whom she should mourn for four months and ten days.'"

Yahya related to me from Malik from Ibn Shihab that Abu Bakr ibn Sulayman ibn Abi Hathma said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, prayed two rakas of one of the two day-ti me prayers, dhuhr or asr, and said the taslim after two rakas. Dhu'sh-Shamalayn said to him, 'Has the prayer been shortened, Messenger of Allah, or have you forgotten?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The prayer has not been shortened and I have not forgotten.' Dhu'shShamalayn said, 'It was certainly one of those, Messenger of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, approached the people and said, 'Has Dh u'sh-Shamalayn spoken the truth?' They said, 'Yes, Messenger of Allah,' and the Messenger of Allah, may Allah bless him and grant him peace, completed what remained of the prayer, and then said, 'Peace be upon you.' "

I conceived `Abdullah bin AzZubair at Mecca and went out (of Mecca) while I was about to give birth. I came to Medina and encamped at Quba', and gave birth at Quba'. Then I brought the child to Allah's Apostle and placed it (on his lap). He asked for a date, chewed it, and put his saliva in the mouth of the child. So the first thing to enter its stomach was the saliva of Allah's Apostle. Then he did its Tahnik with a date, and invoked Allah to bless him. It was the first child born in the Islamic era, therefore they (Muslims) were very happy with its birth, for it had been said to them that the Jews had bewitched them, and so they would not produce any offspring.

The Prophet said, "An adulterer, at the time he is committing illegal sexual intercourse is not a believer; and a person, at the time of drinking an alcoholic drink is not a believer; and a thief, at the time of stealing, is not a believer." Ibn Shihab said: `Abdul Malik bin Abi Bakr bin `Abdur-Rahman bin Al- Harith bin Hisham told me that Abu Bakr used to narrate that narration to him on the authority of Abu Huraira. He used to add that Abu Bakr used to mention, besides the above cases, "And he who robs (takes illegally something by force) while the people are looking at him, is not a believer at the time he is robbing (taking).

I testify that Allah's Apostle said, "The taking of a bath on Friday is compulsory for every male Muslim who has attained the age of puberty and (also) the cleaning of his teeth with Siwak, and the using of perfume if it is available." `Amr (a sub-narrator) said, "I confirm that the taking of a bath is compulsory, but as for the Siwak and the using of perfume, Allah knows better whether it is obligatory or not, but according to the Hadith it is as above.")

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.' "

"I heard my father saying in the presence of the enemy: 'The Messenger of Allah (saws) said: "Indeed, the gates of Paradise are under the shadows of the swords.'" A man among the people with ragged appearance said: 'Have you heard what you mentioned from the Messenger of Allah (saws) ?' He said: 'Yes.' So he returned to his comrades and bid them Salam (farewell), broke the sheath of his sword, and began fighting with it until he was killed."

[Abu 'Eisa said:] This Hadith is Sahih Gharib. We do not know it except as a narration of Ja'far bin Sulaiman [Ad-Dubai']. (One of the narrators) Abu 'Imran Al-Jawni's name is 'Abdul Malik bin Habib. As for Abu Bakr bin Abi Musa, Ahmad bin Hanbal said: "That is his name."

'Uthman prayed four rak'ahs at Mina. 'Abd Allah (b. Mas'ud) said: I prayed two rak'ahs along with the Prophet (saws) and two rak'ahs along with 'Umar. The version of Hafs added: And along with 'Uthman during the early period of his caliphate. He ('Uthman) began to offer complete prayer (i.e. four rak'ahs) later on. The version of Abu Mu'awiyah added: Then your modes of action varied. I would like to pray two rak'ahs acceptable to Allah instead of four rak'ahs.

Al-A'mash said: Mu'awiyah b. Qurrah reported to me from his teachers: 'Abd Allah (b. Mas'ud) once prayed four rak'ahs. He was told: You criticized 'Uthman but you yourself prayed four ? He replied: Dissension is evil.

Abu Dawud said: This tradition has been transmitted by 'Uqail, Yunus, and Abu Uwais in like manner. The version of 'Uqail goes: He who fasts during Ramadan and prays during the night.

It was narrated from `Ata` bin Yazeed al-Junda`i that he heard Humran the freed slave of `Uthman bin `Affan (رضي الله عنه), say. I saw Ameer al-Mu`mineen `Uthman do wudoo’; he poured water onto his hands three times, then he rinsed his nose three times and rinsed his mouth three times... and he mentioned the Hadeeth, similar to the Hadeeth of Ma`mar.

The Prophet expired in my house and on the day of my turn, leaning against my chest. One of us (i.e. the Prophet's wives ) used to recite a prayer asking Allah to protect him from all evils when he became sick. So I started asking Allah to protect him from all evils (by reciting a prayer ). He raised his head towards the sky and said, "With the highest companions, with the highest companions." `Abdur- Rahman bin Abu Bakr passed carrying a fresh leaf-stalk of a date-palm and the Prophet looked at it and I thought that the Prophet was in need of it (for cleaning his teeth ). So I took it (from `Abdur Rahman) and chewed its head and shook it and gave it to the Prophet who cleaned his teeth with it, in the best way he had ever cleaned his teeth, and then he gave it to me, and suddenly his hand dropped down or it fell from his hand (i.e. he expired). So Allah made my saliva mix with his saliva on his last day on earth and his first day in the Hereafter.

(The wife of the Prophet) Allah's Apostle said, "Don't you see that when your people built the Ka`ba, they did not build it on all Abraham's foundations?" I said, "O Allah's Apostle! Why don't you rebuild it on Abraham's foundations?" He said, "Were your people not so close to (the period of Heathenism, i.e. the Period between their being Muslims and being infidels), I would do so." The sub-narrator, `Abdullah bin `Umar said, "Aisha had surely heard Allah's Apostle saying that, for I do not think that Allah's Apostle left touching the two corners of the Ka`ba facing Al-Hijr except because the Ka`ba was not built on all Abraham's foundations."

A necklace of mine was lost at Al-Baida' and we were on our way to Medina. The Prophet made his camel kneel down and dismounted and laid his head on my lap and slept. Abu Bakr came to me and hit me violently on the chest and said, "You have detained the people because of a necklace." I kept as motionless as a dead person because of the position of Allah's Apostle ; (on my lap) although Abu Bakr had hurt me (with the slap). Then the Prophet woke up and it was the time for the morning (prayer). Water was sought, but in vain; so the following Verse was revealed:-- "O you who believe! When you intend to offer prayer.." (5.6) Usaid bin Hudair said, "Allah has blessed the people for your sake, O the family of Abu Bakr. You are but a blessing for them."

`Aisha said, "We set out with the Prophet in his last Hajj. Some of us intended to perform `Umra while others Hajj. When we reached Mecca, Allah's Apostle said, 'Those who had assumed the lhram for `Umra and had not brought the Hadi should finish his lhram and whoever had assumed the Ihram for `Umra and brought the Hadi should not finish the Ihram till he has slaughtered his Hadi and whoever had assumed the lhram for Hajj should complete his Hajj." `Aisha further said, "I got my periods (menses) and kept on menstruating till the day of `Arafat, and I had assumed the Ihram for `Umra only (Tamattu`). The Prophet ordered me to undo and comb my head hair and assume the lhram for Hajj only and leave the `Umra. I did the same till I completed the Hajj. Then the Prophet sent `Abdur Rahman bin Abi Bakr with me and ordered me to perform `Umra from at-Tan`im in lieu of the missed `Umra."

The Prophet met Zaid bin 'Amr bin Nufail in the bottom of (the valley of) Baldah before any Divine Inspiration came to the Prophet. A meal was presented to the Prophet but he refused to eat from it. (Then it was presented to Zaid) who said, "I do not eat anything which you slaughter in the name of your stone idols. I eat none but those things on which Allah's Name has been mentioned at the time of slaughtering." Zaid bin 'Amr used to criticize the way Quraish used to slaughter their animals, and used to say, "Allah has created the sheep and He has sent the water for it from the sky, and He has grown the grass for it from the earth; yet you slaughter it in other than the Name of Allah. He used to say so, for he rejected that practice and considered it as something abominable.

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

I went to Um Habiba, the wife of Prophet, who said, "I heard the Prophets saying, 'It is not legal for a woman who believes in Allah and the Last Day to mourn for any dead person for more than three days except for her husband, (for whom she should mourn) for four months and ten days'." Later I went to Zainab bint Jahsh when her brother died; she asked for some scent, and after using it she said, "I am not in need of scent but I heard Allah's Apostle saying, 'It is not legal for a woman who believes in Allah and the Last Day to mourn for more than three days for any dead person except her husband, (for whom she should mourn) for four months and ten days.' "

That `Amra bint `Abdur-Rahman had told him, "Zaid bin Abu Sufyan wrote to `Aisha that `Abdullah bin `Abbas had stated, 'Whoever sends his Hadi (to the Ka`ba), all the things which are illegal for a (pilgrim) become illegal for that person till he slaughters it (i.e. till the 10th of Dhul-Hijja).' " `Amra added, `Aisha said, 'It is not like what Ibn `Abbas had said: I twisted the garlands of the Hadis of Allah's Apostle with my own hands. Then Allah's Apostle put them round their necks with his own hands, sending them with my father; Yet nothing permitted by Allah was considered illegal for Allah's Apostle till he slaughtered the Hadis.' "

That `Aisha the wife of the Prophet told her uncle that once, while the Prophet was in her house, she heard a man asking Hafsa's permission to enter her house. `Aisha said, "I said, 'O Allah's Apostle! I think the man is Hafsa's foster uncle.' " `Aisha added, "O Allah's Apostle! There is a man asking the permission to enter your house." Allah's Apostle replied, "I think the man is Hafsa's foster uncle." `Aisha said, "If so-and-so were living (i.e. her foster uncle) would he be allowed to visit me?" Allah's Apostle said, "Yes, he would, as the foster relations are treated like blood relations (in marital affairs).

The people used to say, "Abu Huraira narrates too many narrations." In fact I used to keep close to Allah's Apostle and was satisfied with what filled my stomach. I ate no leavened bread and dressed no decorated striped clothes, and never did a man or a woman serve me, and I often used to press my belly against gravel because of hunger, and I used to ask a man to recite a Qur'anic Verse to me although I knew it, so that he would take me to his home and feed me. And the most generous of all the people to the poor was Ja`far bin Abi Talib. He used to take us to his home and offer us what was available therein. He would even offer us an empty folded leather container (of butter) which we would split and lick whatever was in it.

Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

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.'"

"Anas bin Malik arrived. So I went to him and he said: 'Who are you ?' I said: 'I am Waqid bin 'Amr [bin Sa'd bin Ma'adh].'" He said: "So he began to cry and he said: 'You resemble Sa'd. Sa'd was one of the greatest people, and of the tallest. The Messenger of Allah (saws) was sent a cloak of Dibaj with gold woven into it. The Messenger of Allah (saws) wore it and ascended the Minbar. Then he stood, or sat, and the people began touching it, and they said: 'We never saw a garment like this before today.' So he said: 'Are you amazed at this ? The handkerchiefs of Sa'd in Paradise are better than what you see.'"

He said: There is something on this topic from Asma' bint Abu Bakr. This Hadith is Sahih.