Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn al-Harith ibn Hisham from Khallad ibn as-Sa'ib al-Ansari from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "Jibril came to me and told me to tell my companions, or whoever was with me, to raise their voices when doing talbiya."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar- Rahman ibn al-Harith ibn Hisham al-Makhzumi from his father that when the Messenger of Allah, may Allah bless him and grant him peace, married Umm Salama and then spent the night with her, he said to her, "You are not being humbled in your right. If you wish, I will stay with you for seven nights as I stayed seven nights with the others. If you wish, I will stay with you for three nights, and then visit the others in turn." She said, "Stay three nights."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Muhammad ibn Amr ibn Hazm used to pray in a single long shirt.

Yahya related to me from Malik from Abdullah ibn Abi Bakr that his grandfather, Muhammad ibn Amr ibn Hazm sold the fruit of an orchard of his called al-Afraq, for 4,000 dirhams, and he kept aside 800 dirhams' worth of dry dates.

Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali.

Yahya related to me from Malik from Nafi from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that the Messenger of Allah, may Allah bless him and grant him peace, sacrificed a camel, which had belonged to Abu Jahl ibn Hisham, in either a hajj or an umra.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father from Abdullah ibn Amr ibn Uthman from Abu Amra al-Ansari from Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shall I not tell you who is the best of witnesses? The one who brings his testimony before he is asked for it, or tells his testimony before he is asked for it."

Yahya related to me from Malik that Muhammad ibn Abi Bakr ibn Hazm heard his father say many times, ''Umar ibn al-Khattab used to say, 'It is a wonder that the paternal aunt is inherited from and does not inherit.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said about the flood-channels of Mahzur and Mudhaynib (in Madina), "Dam them systematically, so that the water is diverted into each property in turn up to ankle level, starting upstream."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Asma bint Umays that she gave birth to Muhammad ibn Abi Bakr at al-Bayda. Abu Bakr mentioned this to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Tell her to do ghusl and then enter ihram."

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father that in a letter which the Messenger of Allah, may Allah bless him and grant him peace, sent to Amr ibn Hazm about blood-money he wrote that it was one hundred camels for a life, one hundred camels for a nose if completely removed, a third of the blood-money for a wound in the brain, the same as that for a belly wound, fifty for an eye, fifty for a hand, fifty for a foot, ten camels for each finger, and five for teeth, and five for a head wound which laid bare the bone.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm that in a letter that the Messenger of Allah, may Allah bless him and grant him peace, sent to Amr ibn Hazm it said that no-one should touch the Qur'an unless he was pure.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim ibn Muhammad ibn Abi Bakr that the Messenger of Allah, may Allah bless him and grant him peace, said, "Let the misfortune that befalls me be a comfort to the Muslims in their misfortunes."

Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn Amr ibn Hazm from his father from Abu'n-Nadr as-Salami that the Messenger of Allah, may Allah bless him and grant him peace, said, "If three of a muslim's children die, and he remains content with that, they will be a protection for him from the Fire." A woman who was with the Messenger of Allah, may Allah bless him and grant him peace, said, "Or two, Messengerof Allah?", and he said, "Or two."

Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al- Aziz said, "Even if divorce had to be declared a thousand times, the'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit."

Yahya related to me from Malik that Abdullah ibn Abi Bakr ibn Amr ibn Hazim said, "A message came from Umar ibn Abd al-Aziz to my father when he was in Mina telling him not to take zakat from either honey or horses."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Amongst what was sent down of the Qur'an was 'ten known sucklings make haram' - then it was abrogated by 'five known sucklings'. When the Messenger of Allah, may Allah bless him and grant him peace, died, it was what is now recited of the Qur'an."

Yahya said that Malik said, "One does not act on this."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Asma bint Umays gave birth to Muhammad ibn Abi Bakr at Dhu'l-Hulayfa and Abu Bakr told her to do ghusl and then enter ihram.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr and Abu Bakr ibn Abd ar Rahman used to pray nawafil when travelling.

Yahya said that Malik was asked about voluntary prayers when travelling and he said, "There is no harm in them, either at night or during the day. I have heard that some of the people of knowledge used to do that."

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.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from his father from Amra bint Abd ar-Rahman that A'isha umm al- muminin said to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, Safiyya bint Huyy has begun her period," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us. Has she done tawaf of the House with you?" They said, "Of course." He said, "So you are free to leave."

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn Muhammad ibn Amribn Hazm that Abdar-Rahman ibn Hanthala az-Zurqi was informed by a mawla of Quraysh,who used to be known as Ibn Mursi, that he was sitting with Umar ibn al-Khattab, and when they had prayed dhuhr, he said, "Yarfa! Bring that letter! (a letter which he had written about the paternal aunt.) We asked about her and asked for information about her." Yarfa brought it to him. He called for a small vessel or a drinking-bowl in which there was water. He erased the letter in it. Then he said, "Had Allah approved of you as an heir, we would have confirmed you. Had Allah approved of you, we would have confirmed you."

While we were going from Mina to `Arafat, I asked Anas bin Malik, about Talbiya, "How did you use to say Talbiya in the company of the Prophet?" Anas said: "People used to say Talbiya and their saying was not objected to and they used to say Takbir and that was not objected to either. "

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that Amr ibn Sulaym az-Zuraqi informed his father that it had been said to Umar ibn al-Khattab, "There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in ash- Sham. He has property. Here he only has the daughter of one of his paternal uncles." Umar ibn al-Khattab instructed, "Let him leave her a bequest." He willed her a property called the well of Jusham.

Malik added, "That property was sold for 30,000 dirhams, and the daughter of the paternal uncle to whom he willed it was the mother of Amr ibn Sulaym az-Zuraqi."

Fatimah daughter of Qais said “I was married to a man of Banu Makhzum. He divorced me absolutely. The narrator then transmitted the rest of the tradition like that of Malik. This version has “Do not marry yourself without my permission.”

Abu Dawud said Al Sha’bi, Al Bahiyy and ata from abd Al Rahman bin asim and Abu Bakr bin Abi Al Jahm all narrated on the authority of Fatimah daughter of Qais that her husband had divorced her three times.

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "Property was sent to Abu Bakr as-Siddiq from Bahrayn. He said, 'If someone had a promise or a pledge with the Messenger of Allah, may Allah bless him and grant him peace, let him come to me.' So Jabir ibn Abdullah came to him, and he gave him three times as much of it as would fill both hands.''

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Yahya related to me from Malik that Yahya ibn Said said that Muhammad ibn Ibrahim at-Taymi had informed him that Abu Salama ibn Abd ar-Rahman said "Abd ar-Rahman ibn al-Aswad ibn Abdal-Yaghuth used to sit with us and he had a white beard and hair. One day he came to us and he had dyed them red, and the people said to him, 'This is better.' He said. 'A'isha the wife of the Prophet, may Allah bless him and grant him peace, sent her slave girl Nukhayla to me yesterday. She swore that my hair would be dyed and she informed me that Abu Bakr as- Siddiq used to dye his hair.' "

Yahya said that he heard Malik say about dyeing the hair black, 'I have not heard anything certain on that, and other colours than that are preferable to me."

Yahya said, "Not to dye at all is permitted, Allah willing, and there is no constraint on people concerning it."

Yahya said that he had heard Malik say, "There is no clear indication in this hadith that the Messenger of Allah, may Allah bless him and grant him peace, did not dye his hair. Had the Messenger of Allah, may Allah bless him and grant him peace, dyed his hair, A'isha would have sent a message to that effect to Abd ar-Rahman ibn al-Aswad."

Yahya related to me that Ziyad ibn Abd ar-Rahman said, "Malik related to us from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, that Abu Bakr ibn Abd ar-Rahman was once doing itikaf and he would go out to relieve himself in a closed room under a roofed passage in Khalid ibn Walid's house. Otherwise he did not leave his place of itikaf until he went to pray at the Id with the muslims."

Yahya related to me from Malik from Yahya ibn Said and from Rabia ibn Abi Abd ar Rahman that al-Qasim ibn Muhammad used to recite behind the imam when the imam did not recite aloud.

I asked Anas bin Malik while we were proceeding from Mina to `Arafat, "What do you use to do on this day when you were with Allah's Apostle ?" Anas said, "Some of us used to recite Talbiya and nobody objected to that, and others used to recite Takbir and nobody objected to that."

Yahya related to me from Malik that Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazim heard Urwa ibn az-Zubayr saying, "I went to see Marwan ibn al-Hakam and we talked about what you had to do wudu for, and Marwan said, 'You have to do wudu if you touch your penis.' Urwa said, 'I didn't know that.' Marwan ibn al-Hakam said that Busra bint Safwan had told him that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If any of you touches his penis he should do wudu.' "

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Muhammad ibn Ibrahim ibn al-Harith at-Taymi said, "I heard my father say that the aqiqa was desirable, even if it was only a sparrow."