Yahya related to me from Malik, from Hisham ibn 'Urwa, that his father would stop saying the talbiya when he entered the Haram, if he was doing 'umra.

Malik said that someone who went into ihram at at-Tanim should stop saying the talbiya when he saw the House.

Yahya said that Malik was asked where a man from the people of Madina, or elsewhere, who had begun doing umra at one of the mawaqit, should stop saying the talbiya, and he said, "Someone who goes into ihram at one of the mawaqit should stop saying the talbiya when he arrives at the Haram."

Malik added, "I have heard that Abdullah ibn Umar used to do that."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Muawiya ibn Abi Sufyan sold a gold or silver drinking- vessel for more than its weight. Abu'dDarda said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, forbidding such sales except like for like." Muawiya said to him, "I don't see any harm in it." Abu'd-Darda said to him, "Who will excuse me from Muawiya? I tell him something from the Messenger of Allah, may Allah bless him and grant him peace, and he gives me his own opinion! I will not live in the same land as you!" Then Abu'd-Darda went to Umar ibn al-Khattab and mentioned that to him. Umar ibn al-Khattab therefore wrote to Muawiya, "Do not sell it except like for like, weight for weight."

Yahya related to me from Malik from Ismail ibn Abi Hakim from Sulayman ibn Yasar that Umar ibn al-Khattab went out early in the morning to his land in al-Juruf and found semen on his garment. He said, "I have been tried with wet dreams since I have been entrusted with governing the people." He did ghusl and washed his garment of what he saw of the semen, and then prayed after the sun had risen.

When this verse was revealed: "And those who hoard gold and silver," the Muslims were grieved about it. Umar said: I shall dispel your care. He, therefore, went and said: Prophet of Allah, your Companions were grieved by this verse. The Messenger of Allah (saws) said: Allah has made zakat obligatory simply to purify your remaining property, and He made inheritances obligatory that they might come to those who survive you. Umar then said: Allah is most great. He then said to him: Let me inform you about the best a man hoards; it is a virtuous woman who pleases him when he looks at her, obeys him when he gives her a command, and guards his interests when he is away from her.

Ibn 'Umar used to let out his land till it reached him that Rafi' b. Khadij al-Ansari narrated that the Messenger of Allah (saws) forbade let out land. So 'Abd Allah (b. 'Umar) said: Ibn Khadij, what do you narrate from the Messenger of Allah (saws) about leasing the land? Rafi' replied to 'Abd Allah b. 'Umar: I heard both of my uncles were present in the battle of Badr say, and they narrated it to the members of the family, that the Messenger of Allah (saws) forbade leasing land. 'Abd Allah said: I swear by Allah, I knew that land was leased in the time of the Messenger of Allah (saws). 'Abd Allah then feared that the Messenger of Allah (saws) might have created something new in that matter, so he gave up leasing land.

Abu Dawud said: This tradition has also been transmitted by Ayyub, 'Ubaid Allah, Kathir b. Farqad, Malik from Nafi' on the authority of Rafi' from the Prophet (saws). It has also been transmitted by al-Auzai' from Hafs b. 'Inan al-Hanafi from Nafi' from Rafi' who said: I heard the Messenger of Allah (saws) say: Similarly, it has been transmitted by Zaid b. Abi Unaisah from al-Hakkam from Nafi' from Ibn 'Umar that he went to Rafi' and asked: Have you heard the Messenger of Allah (saws) say? He replied: Yes. Similarly, it has also been transmitted by 'Ikrimah b. 'Ammar from Abu al-Najashi, from Rafi' b. Khadij who said: I heard the Prophet (saws) say. It has also been transmitted by al-Auza'i from Abu al-Najashi from Rafi' b. Khadij from his uncle Zuhair b. Rafi' from the Prophet (saws).

Abu Dawud said: The name of Abu al-Najashi is 'Ata b. Suhaib.

Another chain reports a similar narration.

Yahya related to me from Malik that he had heard that one of the administrators of Umar ibn Abd al-'Aziz wrote to him mentioning that a man had refused to pay zakat on his property. Umar wrote to the administrator and told him to leave the man alone and not to take any zakat from him when he took it from the other muslims. The man heard about this and the situation became unbearable for him, and after that he paid the zakat on his property. The administrator wrote to Umar and mentioned that to him, and Umar wrote back telling him to take the zakat from him.

(the wife of the Prophet) That she came to visit Allah's Apostle while he was in I`tikaf (i.e. seclusion in the Mosque during the last ten days of Ramadan). When she got up to return, Allah's Apostle got up with her and accompanied her, and when he reached near the gate of the Mosque close to the door (of the house) of Um Salama, the wife of the Prophet, two Ansari men passed by them and greeted Allah's Apostle and then went away. Allah's Apostle addressed them saying, "Don't hurry! (She is my wife)," They said, "Glorified be Allah! O Allah's Apostle (You are far away from any suspicion)," and his saying was hard on them. Allah's Apostle said, "Satan circulates in the mind of a person as blood does (in his body). I was afraid that Satan might put some (evil) thoughts in your minds."

A Jew and Jewess were brought to the Prophet on a charge of committing an illegal sexual intercourse. The Prophet asked the Jews, "What do you (usually) do with them?" They said, "We blacken their faces and disgrace them." He said, "Bring here the Torah and recite it, if you are truthful." They (fetched it and) came and asked a one-eyed man to recite. He went on reciting till he reached a portion on which he put his hand. The Prophet said, "Lift up your hand!" He lifted his hand up and behold, there appeared the verse of Ar-Rajm (stoning of the adulterers to death). Then he said, "O Muhammad! They should be stoned to death but we conceal this Divine Law among ourselves." Then the Prophet ordered that the two sinners be stoned to death and, and they were stoned to death, and I saw the man protecting the woman from the stones. (See Hadith No. 809, Vol. 8)

The Prophet (saws) said: A man never did a good deed but removed a thorny branch from the road; it was either in the tree and someone cut it and threw it on the road, or it was lying in it, he removed it. Allah accepted this good deed of his and brought him into Paradise.

Abu Musa asked permission to enter upon `Umar, but seeing that he was busy, he went away. `Umar then said, "Didn't I hear the voice of `Abdullah bin Qais? Allow him to come in." He was called in and `Umar said to him, "What made you do what you did." He replied, "We have been instructed thus by the Prophet" `Umar said, "Bring proof (witness) for this, other wise I will do so-and-so to you." Then `Abdullah bin Qais went to a gathering of the Ansar who then said, "None but the youngest of us will give the witness for it." So Abu Sa`id Al-Khudri got up and said, "We used to be instructed thus (by the Prophet)." `Umar said, "This tradition of the Prophet remained hidden from me. Business in the market kept me busy."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

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."

That he heard Allah's Apostle saying, "Everyone of you is a guardian and is responsible for his charge; the ruler is a guardian and is responsible for his subjects; the man is a guardian in his family and responsible for his charges; a woman is a guardian of her husband's house and responsible for her charges; and the servant is a guardian of his master's property and is responsible for his charge." I definitely heard the above from the Prophet and think that the Prophet also said, "A man is a guardian of his father's property and responsible for his charges; so everyone of you is a guardian and responsible for his charges."

Yahya related to me from Malik from Nafi that he heard Abdullah ibn Umar making dua on Safa saying, "O Allah, You have said, 'call on Me - I will answer you' and You do not break Your promise. So I am askingYou, in the same way that You have guided me to Islam, not to take it away from me, and that You make me die while I am muslim."

The Prophet (p.b.u.h) went out to offer the Istisqa' prayer and turned (and put on) his cloak inside out.

The Messenger of Allah (saws) and his Companions performed umrah from al-Ji'ranah. They went quickly round the House (the Ka'bah) moving their shoulders) proudly. They put their upper garments under their armpits and threw the ends over their left shoulders.

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his father said, "We heard the recitation of Umar ibn al-Khattab when we were at the home of Abu Jahmin al-Balat." (Al-Balat was a place in Madina between the mosque and the market.)

`Abdullah bin Mas`ud said, "While Allah's Apostle was praying beside the Ka`ba, there were some Quraish people sitting in a gathering. One of them said, 'Don't you see this (who does deeds just to show off)? Who amongst you can go and bring the dung, blood and the Abdominal contents (intestines, etc.) of the slaughtered camels of the family of so and so and then wait till he prostrates and put that in between his shoulders?' The most unfortunate amongst them (`Uqba bin Abi Mu'ait) went (and brought them) and when Allah's Apostle prostrated, he put them between his shoulders. The Prophet remained in prostration and they laughed so much so that they fell on each other. A passerby went to Fatima, who was a young girl in those days. She came running and the Prophet was still in prostration. She removed them and cursed upon the Quraish on their faces. When Allah's Apostle completed his prayer, he said, 'O Allah! Take revenge on Quraish.' He said so thrice and added, 'O Allah! take revenge on `Amr bin Hisham, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, `Uqba bin Abi Mu'ait and `Umar a bin Al-Walid." `Abdullah added, "By Allah! I saw all of them dead in the battle field on the day of Badr and they were dragged and thrown in the Qalib (a well) at Badr: Allah's Apostle then said, 'Allah's curse has descended upon the people of the Qalib (well).

I did not feel jealous of any of the wives of the Prophet as much as I did of Khadija (although) she died before he married me, for I often heard him mentioning her, and Allah had told him to give her the good tidings that she would have a palace of Qasab (i.e. pipes of precious stones and pearls in Paradise), and whenever he slaughtered a sheep, he would send her women-friends a good share of it.

While I was taking part in a Ghazwa. I heard `Abdullah bin Ubai (bin Abi Salul) saying. "Don't spend on those who are with Allah's Apostle, that they may disperse and go away from him. If we return (to Medina), surely, the more honorable will expel the meaner amongst them." I reported that (saying) to my uncle or to `Umar who, in his turn, informed the Prophet of it. The Prophet called me and I narrated to him the whole story. Then Allah's Apostle sent for `Abdullah bin Ubai and his companions, and they took an oath that they did not say that. So Allah's Apostle disbelieved my saying and believed his. I was distressed as I never was before. I stayed at home and my uncle said to me. "You just wanted Allah's Apostle to disbelieve your statement and hate you." So Allah revealed (the Sura beginning with) 'When the hypocrites come to you.' (63.1) The Prophet then sent for me and recited it and said, "O Zaid! Allah confirmed your statement."

on the authority of his father that he had asked `Aisha about the saying of Ibn `Umar (i.e. he did not like to be a Muhrim while the smell of scent was still coming from his body). `Aisha said, "I scented Allah's Apostle and he went round (had sexual intercourse with) all his wives, and in the morning he was Muhrim (after taking a bath)."

When Allah's Apostle landed at Al-Hijr during the Ghazwa of Tabuk, he ordered his companions not to drink water from its well or reserve water from it. They said, "We have already kneaded the dough with its water. and also filled our bags with its water.'' On that, the Prophet ordered them to throw away the dough and pour out the water.

Yahya related to me from Malik that Abdullah ibn Umar heard the iqama while he was in Baqi, so he increased his pace of walking to the mosque.

Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "

That the Messenger of Allah (saws) said: "Deeds are but with intentions, and for the man is only what he intended. So one whose emigration was to Allah and His Messenger, then his emigration was to Allah and His Messenger. And one whose emigration was to the world, to attain some of it, or woman, to marry her, then his emigration was to what he emigrated.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Malik bin Anas, Sufyan Ath-Thawri and more than one of the A'immah narrated this Hadith from Yahya bin Sa'eed. And we do not know of it except as a narration from Yahya bin Sa'eed Al-Ansari. 'Abdur Rahman bin Mahdi said: "It is necessary that we put this Hadith in every chapter."

‘Asim said : I said : Abu ‘Uthman! Two men testified before you. Who are they? He said : One of them is the one who is first to shoot arrow in the path of Allah or in the path of Islam, that is to say : Sa’d b. Malik. The other is the one came from al-Taif with ten and some men on foot. He then mentioned his excellence.

Abu Dawud said : When al-Nufaili mentioned this tradition, he said : I swear by Allah, this is sweater with me than honey, that is no say, his way transmission.

Abu ‘Ali said : I heard Abu Dawud say : I heard Ahmad say : The people of Kufah have no light in their traditions. I did not see them like the people of Basrah. They learnt it from Shu’bah.

One night I was with the Prophet on a journey. He asked (me), "Have you got water with you?" I replied, "Yes" So he got down from his she-camel and went away till he disappeared in the darkness of the night. Then he came back and I poured water for him from the pot (for the ablution). He washed his face and hands while he was wearing a woollen cloak (the sleeves of which were narrow), so he could not take his arms out of it. So he took them out from underneath the cloak. Then he washed his forearms and passed his wet hands over his head. Then I tried to take off his Khuffs (socks made from thick fabric or leather), but he said, "Leave them, for I have performed ablution before putting them on." And so he passed his wet hands over them.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."

Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts."

"A man came to the Prophet while he was at Ji'rana. The man was wearing a cloak which had traces of Khaluq or Sufra (a kind of perfume). The man asked (the Prophet ), 'What do you order me to perform in my `Umra?' So, Allah inspired the Prophet divinely and he was screened by a place of cloth. I wished to see the Prophet being divinely inspired. `Umar said to me, 'Come! Will you be pleased to look at the Prophet while Allah is inspiring him?' I replied in the affirmative. `Umar lifted one corner of the cloth and I looked at the Prophet who was snoring. (The sub-narrator thought that he said: The snoring was like that of a camel). When that state was over, the Prophet asked, "Where is the questioner who asked about `Umra? Put off your cloak and wash away the traces of Khaluq from your body and clean the Sufra (yellow color) and perform in your Umra what you perform in your Hajj (i.e. the Tawaf round the Ka`ba and the Sa`i between Safa and Marwa). "

When the Prophet put his feet in the stirrup and the she-camel got up carrying him he would start reciting Talbiya at the mosque of Dhul-Hulaifa.

The Prophet said, 'The (people of) Bani Israel used to take bath naked (all together) looking at each other. The Prophet Moses used to take a bath alone. They said, 'By Allah! Nothing prevents Moses from taking a bath with us except that he has a scrotal hernia.' So once Moses went out to take a bath and put his clothes over a stone and then that stone ran away with his clothes. Moses followed that stone saying, "My clothes, O stone! My clothes, O stone! till the people of Bani Israel saw him and said, 'By Allah, Moses has got no defect in his body. Moses took his clothes and began to beat the stone." Abu Huraira added, "By Allah! There are still six or seven marks present on the stone from that excessive beating."

Yahya related to me from Malik from Ibn Shihab that Ubaydullah ibn Abdullah ibn Utba said, "I visited Umar ibn al-Khattab just before noon and found him praying a voluntary prayer. So I stood behind him, but he pulled me nearer and put me next to him, on his right hand side, and then Yarfa came and I moved back and we formed a row behind him."

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 Yahya ibn Sa'id, from Sulayman ibn Yasar, that the Messenger of Allah, may Allah bless him and grant him peace, was once cupped on the top of his head while he was in ihram, at Lahyay Jamal, which is a place on the road to Makka.

A man came to the Prophet (p.b.u.h) and said, "Livestock are destroyed and the roads are cut off." So Allah's Apostle invoked Allah for rain and it rained from that Friday till the next Friday. The same person came again and said, "Houses have collapsed, roads are cut off, and the livestock are destroyed. Please pray to Allah to withhold the rain." Allah's Apostle (stood up and) said, "O Allah! (Let it rain) on the plateaus, on the hills, in the valleys and over the places where trees grow." So the clouds cleared away from Medina as clothes are taken off .

When `Abdullah bin Ubai bin Salul died, Allah's Apostle was called in order to offer the funeral prayer for him. When Allah's Apostle got up (to offer the prayer) I jumped towards him and said, "O Allah's Apostle! Do you offer the prayer for Ibn Ubai although he said so-and-so on such-and-such-a day?" I went on mentioning his sayings. Allah's Apostle smiled and said, "Keep away from me, O `Umar!" But when I spoke too much to him, he said, "I have been given the choice, and I have chosen (this) ; and if I knew that if I asked forgiveness for him more than seventy times, he would be for given, I would ask it for more times than that." So Allah's Apostle offered the funeral prayer for him and then left, but he did not stay long before the two Verses of Surat-Bara'a were revealed, i.e.:-- 'And never (O Muhammad) pray for anyone of them that dies.... and died in a state of rebellion.' (9.84) Later I was astonished at my daring to speak like that to Allah's Apostle and Allah and His Apostle know best.

(Later on) Allah's Apostle (once again) went along with Ubai bin Ka'b to the garden of date-palms where Ibn Saiyad was staying. When the Prophet entered the garden, he started hiding himself behind the trunks of the date-palms as he wanted to hear something from the Ibn Saiyad before the latter could see him. Ibn Saiyad was lying in his bed, covered with a velvet sheet from where his murmurs were heard. Ibn Saiyad's mother saw the Prophet while he was hiding himself behind the trunks of the date-palms. She addressed Ibn Saiyad, "O Saf!" (And this was his name). Ibn Saiyad got up. The Prophet said, "Had this woman let him to himself, he would have revealed the reality of his case." Then the Prophet got up amongst the people, glorifying Allah as He deserves, he mentioned Ad-Dajjal, saying, "I warn you about him (i.e. Ad-Dajjal) and there is no prophet who did not warn his nation about him, and Noah warned his nation about him, but I tell you a statement which no prophet informed his nation of. You should understand that he is a one-eyed man and Allah is not one-eyed."