Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "No-one should pray over a dead person unless he is in wudu."

Yahya said that he heard Malik say, "I have not seen any person of knowledge disapproving of praying over either a child born of adultery or its mother."

The Prophet said, "Near the establishment of the Hour there will be days during which Religious ignorance will spread, knowledge will be taken away (vanish) and there will be much Al-Harj, and Al- Harj means killing."

Yahya related to me from Malik that he used to hear the people of knowledge say,"There is no harm in fasting continuously as long as one breaks the fast on the days on which the Messenger of Allah, may Allah bless him and grant him peace, forbade fasting, namely, the days of Mina, the day of Adha and the day of Fitr, according to what we have heard."

Malik said, "This is what I like most out of what I have heard about the matter."

Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that AIi ibn Abi Talib used to say the talbiya while on hajj until after noon on the day of Arafa, when he would stop doing so.

Yahya said that Malik said, "This is what the people of knowledge in our city are still doing."

Yahya related to me from Malik that he had heard that Talha ibn Ubaydullah used to send his family and children from Muzdalifa to Mina ahead of him.

The Prophet said, "Near the establishment of the Hour there will be days during which (religious) knowledge will be taken away (vanish) and general ignorance will spread, and there will be Al-Harj in abundance, and Al-Harj means killing."

We went out with Allah's Apostle on one of his journeys till we reached Al-Baida or Dhatul-Jaish where my necklace got broken (and lost). Allah's Apostle stopped to search for it and the people too stopped with him. There was no water at that place and they had no water with them. So they went to Abu Bakr and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people stop where there is no water and they have no water with them. Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh and said, "You detained Allah Apostle and the people where there is no water and they have no water." He then admonished me and said what Allah wished and pinched me at my flanks with his hands, but I did not move because the head of Allah's Apostle was on my thigh . Allah's Apostle kept on sleeping till be got up in the morning and found no water. Then Allah revealed the Divine Verse of Tayammum, and the people performed Tayammum. Usaid bin AlHudair said. "O family of Abu Bakr! This is not the first blessings of yours." We urged the camel on which I was sitting to get up from its place and the necklace was found under it.

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

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

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

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

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

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

"The Messenger of Allah (saws) prohibited bartering animals on credit."

He said: There are narration on this topic from Ibn 'Abbas, Jabir, Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Samurah is Hasan Sahih Hadith. It is correct that Al-Hasan heard from Samurah, this is what 'Ali bin Al-Madini and others said.

Regarding (the prohibition of) bartering animals on credit, this is acted upon according to most of the people of knowledge among the Companions of the Prophet (saws) and others. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah, and it is the view of Ahmad.

Some of the people of knowledge, among the Companions of the Prophet (saws) and others, permitted bartering animals for animals on credit. This is the view of Ash-Shafi'i and Ishaq.

The Prophet said, "(Religious) knowledge will be taken away (by the death of religious scholars) ignorance (in religion) and afflictions will appear; and Harj will increase." It was asked, "What is Harj, O Allah's Apostle?" He replied by beckoning with his hand indicating "killing." (Fath-al-Bari Page 192, Vol. 1)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say "Allah is greater" whenever he threw a pebble while stoning the jamra.

Some people of the tribe of `Ukl and `Uraina arrived at Medina to meet the Prophet and embraced Islam and said, "O Allah's Prophet! We are the owners of milch livestock (i.e. bedouins) and not farmers (i.e. countrymen)." They found the climate of Medina unsuitable for them. So Allah's Apostle ordered that they should be provided with some milch camels and a shepherd and ordered them to go out of Medina and to drink the camels' milk and urine (as medicine) So they set out and when they reached Al-Harra, they reverted to Heathenism after embracing Islam, and killed the shepherd of the Prophet and drove away the camels. When this news reached the Prophet, he sent some people in pursuit of them. (So they were caught and brought back to the Prophet ). The Prophet gave his orders in their concern. So their eyes were branded with pieces of iron and their hands and legs were cut off and they were left away in Harra till they died in that state of theirs. (See Hadith 234 Vol 1)

She said: The Messenger of Allah (saws) replied: Yes. She said: I came out, and when I was in the apartment or in the mosque, he called for me, or he commanded (someone to call me) and, therefore, I was called.

He said: what did you say? So I repeated my story which I had already mentioned about my husband. Thereupon he said: Stay in your house till the term lapses. She said:

So I passed my waiting period in it (her house) for four months and ten days. When Uthman ibn Affan became caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly.

I will narrate to you a Hadith and none other than I will tell you about after it. I heard Allah's Apostle saying: From among the portents of the Hour are (the following): -1. Religious knowledge will decrease (by the death of religious learned men). -2. Religious ignorance will prevail. -3. There will be prevalence of open illegal sexual intercourse. -4. Women will increase in number and men will decrease in number so much so that fifty women will be looked after by one man.

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 Ziyad from Malik that he saw some of the people of knowledge who, when they did itikaf in the last ten days of Ramadan, would not go back to their families until they had attended the Id al-Fitr with everybody.

Ziyad said that Malik said, "I heard this from the people of excellence who have passed away, and it is what I like most out of what I have heard about the matter."

(the wife of the Prophet) We set out with Allah's Apostle on one of his journeys till we reached Al- Baida' or Dhatul-Jaish, a necklace of mine was broken (and lost). Allah's Apostle stayed there to search for it, and so did the people along with him. There was no water at that place, so the people went to Abu- Bakr As-Siddiq and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people stay where there is no water and they have no water with them." Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh, He said, to me: "You have detained Allah's Apostle and the people where there is no water and they have no water with them. So he admonished me and said what Allah wished him to say and hit me on my flank with his hand. Nothing prevented me from moving (because of pain) but the position of Allah's Apostle on my thigh. Allah's Apostle got up when dawn broke and there was no water. So Allah revealed the Divine Verses of Tayammum. So they all performed Tayammum. Usaid bin Hudair said, "O the family of Abu Bakr! This is not the first blessing of yours." Then the camel on which I was riding was caused to move from its place and the necklace was found beneath it.

Allah's Apostle used to practice I`tikaf (in the mosque) in the middle third of Ramadan and after passing the twenty nights he used to go back to his house on the 21st, and the people who were in I`tikaf with him also used to go back to their houses. Once in Ramadan, in which he practiced I`tikaf, he established the night prayers at the night in which he used to return home, and then he addressed the people and ordered them whatever Allah wished him to order and said, "I used to practice I`tikaf for these ten days (i.e. the middle third but now I intend to stay in I`tikaf for the last ten days (of the month); so whoever was in I`tikaf with me should stay at his place of seclusion. I have verily been shown (the date of) this Night (of Qadr) but I have forgotten it. So search for it in the odd nights of the last ten days (of this month). I also saw myself (in the dream) prostrating in mud and water." On the night of the 21st, the sky was covered with clouds and it rained, and the rainwater started leaking through the roof of the mosque at the praying place of the Prophet . I saw with my own eyes the Prophet at the completion of the morning prayer leaving with his face covered with mud and water.

The Prophet said, "The example of guidance and knowledge with which Allah has sent me is like abundant rain falling on the earth, some of which was fertile soil that absorbed rain water and brought forth vegetation and grass in abundance. (And) another portion of it was hard and held the rain water and Allah benefited the people with it and they utilized it for drinking, making their animals drink from it and for irrigation of the land for cultivation. (And) a portion of it was barren which could neither hold the water nor bring forth vegetation (then that land gave no benefits). The first is the example of the person who comprehends Allah's religion and gets benefit (from the knowledge) which Allah has revealed through me (the Prophets and learns and then teaches others. The last example is that of a person who does not care for it and does not take Allah's guidance revealed through me (He is like that barren land.)"

That the Prophet (saws) said: "Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge followed this Hadith, they said that when something belonging to a man is with another and he leaves (with it), then he has something that belongs to him, he may not withhold from him an equivalent to what the other took of his.

Some of the people of knowledge among the Tabi'in allowed that. This is the view of Sufyan Ath-Thawri, he said: "If one man has some Dirham that belong to another, and the second has some Dinar belonging to the first, he may not withhold any in place of his Dirham, unless it so happens that he has some Dirham of his, then in that case he can withhold some of his Dirham equal to what he is owed by the first."

`Affan told us: Shu`bah told us: `Alqamah bin Marthad told me... and he said in it: “Whoever learns the Qur`an or teaches it.”

The Prophet said, "The Hour (Last Day) will not be established until (religious) knowledge will be taken away (by the death of religious learned men), earthquakes will be very frequent, time will pass quickly, afflictions will appear, murders will increase and money will overflow amongst you." (See Hadith No. 85 Vol 1).

The Prophet (p.b.u.h) used to teach us the way of doing Istikhara (Istikhara means to ask Allah to guide one to the right sort of action concerning any job or a deed), in all matters as he taught us the Suras of the Qur'an. He said, "If anyone of you thinks of doing any job he should offer a two rak`at prayer other than the compulsory ones and say (after the prayer): -- 'Allahumma inni astakhiruka bi'ilmika, Wa astaqdiruka bi-qudratika, Wa as'alaka min fadlika Al-`azlm Fa-innaka taqdiru Wala aqdiru, Wa ta'lamu Wala a'lamu, Wa anta 'allamu l-ghuyub. Allahumma, in kunta ta'lam anna hadha-lamra Khairun li fi dini wa ma'ashi wa'aqibati `Amri (or 'ajili `Amri wa'ajilihi) Faqdirhu wa yas-sirhu li thumma barik li Fihi, Wa in kunta ta'lamu anna hadha-lamra shar-run li fi dini wa ma'ashi wa'aqibati `Amri (or fi'ajili `Amri wa ajilihi) Fasrifhu anni was-rifni anhu. Waqdir li al-khaira haithu kana Thumma ardini bihi.' (O Allah! I ask guidance from Your knowledge, And Power from Your Might and I ask for Your great blessings. You are capable and I am not. You know and I do not and You know the unseen. O Allah! If You know that this job is good for my religion and my subsistence and in my Hereafter--(or said: If it is better for my present and later needs)--Then You ordain it for me and make it easy for me to get, And then bless me in it, and if You know that this job is harmful to me In my religion and subsistence and in the Hereafter--(or said: If it is worse for my present and later needs)--Then keep it away from me and let me be away from it. And ordain for me whatever is good for me, And make me satisfied with it). The Prophet added that then the person should name (mention) his need.

Abu Bakr , wrote to me about the Zakat which Allah had ordered His Apostle to observe: Whoever had to pay Jahda (Jahda means a four-year-old she-camel) as Zakat from his herd of camels and he had not got one, and he had Hiqqa (three-year-old she-camel), that Hiqqa should be accepted from him along with two sheep if they were available or twenty Dirhams (one Durham equals about 1/4 Saudi Riyal) and whoever had to pay Hiqqa as Zakat and he had no Hiqqa but had a Jadha, the Jadha should be accepted from him, and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Hiqqa as Zakat and he had not got one, but had a Bint Labun (two-year-old she-camel), it should be accepted from him along with two sheep or twenty Dirhams; and whoever had to pay Bint Labun and had a Hiqqa, that Hiqqa should be accepted from him and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Bint Labun and he had not got one but had a Bint Makhad (one-year-old she camel), that Bint Makhad should be accepted from him along with twenty Dirhams or two sheep.

Ibn Maslamah and Ibn 'Isa reported from Muhammad b. al-Munkadir on the authority of Jabir.