The Prophet (saws) said to Ma'iz ibn Malik: Perhaps you kissed, or squeezed, or looked. He said: No. He then said: Did you have intercourse with her? He said: Yes. On the (reply) he (the Prophet) gave order that he should be stoned to death. The narrator did not mention "on the authority of Ibn 'Abbas". This is Wahb's version.

That she conceived `Abdullah bin Az-Zubair. She added, "I migrated to Medina while I was at full term of pregnancy and alighted at Quba where I gave birth to him. Then I brought him to the Prophet and put him in his lap. The Prophet asked for a date, chewed it, and put some of its juice in the child's mouth. So, the first thing that entered the child's stomach was the saliva of Allah's Apostle. Then the Prophet rubbed the child's palate with a date and invoked for Allah's Blessings on him, and he was the first child born amongst the Emigrants in the Islamic Land (i.e. Medina).

Allah's Apostle said, "No child is born except on Al-Fitra (Islam) and then his parents make him Jewish, Christian or Magian, as an animal produces a perfect young animal: do you see any part of its body amputated?" Then he rec 'The religion of pure Islamic Faith (Hanifa),(i.e. to worship none but Allah), The pure Allah's Islamic nature with which He (Allah) has created mankind. Let There be no change in Allah's religion (i.e. to join none in Allah's worship). That is the straight religion; but most of men know not..." (30.30)

Allah's Apostle said, "Allah said:-- 'The son of Adam tells a lie against Me and he hasn't the right to do so; and he abuses me and he hasn't the right to do so. His telling a lie against Me is his saying that I will not recreate him as I created him for the first time; and his abusing Me is his saying that Allah has begotten children, while I am the self-sufficient Master, Whom all creatures need, Who begets not nor was He begotten, and there is none like unto Me."

Abu Taubah said: "Perhaps he said: 'Will reach the evening.'"

Yahya related to me from Malik that Muhammad ibn Abd ar-Rahman ibn Nawfal said, ''Urwa ibn az-Zubayr informed me from A'isha umm al- muminin that Judama bint Wahb al-Asadiyya informed her that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I intended to prohibit ghila but I remembered that the Greeks and Persians do that without it causing any injury to their children.' "

Malik explained, "Ghila is that a man has intercourse with his wife while she is suckling."

We were sitting in the mosque when the Messenger of Allah (saws) came upon us carrying Umamah daughter of Abul'As ibn ar-Rabi'. Her mother was Zaynab daughter of the Messenger of Allah (saws). She (Umamah) was a child and he (the Prophet) was carrying her on his shoulder.

The Messenger of Allah (saws) led (the people) in prayer while she was on his shoulder. When he bowed he put her down and took her up when he got up. He kept on doing so until he finished his prayer.

The Prophet of Allah (saws) disliked ten things: Yellow colouring, meaning khaluq, dyeing grey hair, trailing the lower garment, wearing a gold signet-ring, a woman decking herself before people who are not within the prohibited degrees, throwing dice, using spells except with the Mu'awwidhatan, wearing amulets, withdrawing the penis before the semen is discharged, in the case of a woman who is wife or not a wife, and having intercourse with a woman who is suckling a child; but he did not declare them to be prohibited.

Abu Dawud said: Only the transmitters of Basrah have transmitted this tradition.

On `Id ul Fitr or `Id ul Adha Allah's Apostle (p.b.u.h) went out to the Musalla. After finishing the prayer, he delivered the sermon and ordered the people to give alms. He said, "O people! Give alms." Then he went towards the women and said. "O women! Give alms, for I have seen that the majority of the dwellers of Hell-Fire were you (women)." The women asked, "O Allah's Apostle! What is the reason for it?" He replied, "O women! You curse frequently, and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. O women, some of you can lead a cautious wise man astray." Then he left. And when he reached his house, Zainab, the wife of Ibn Mas`ud, came and asked permission to enter It was said, "O Allah's Apostle! It is Zainab." He asked, 'Which Zainab?" The reply was that she was the wife of Ibn Mas'ub. He said, "Yes, allow her to enter." And she was admitted. Then she said, "O Prophet of Allah! Today you ordered people to give alms and I had an ornament and intended to give it as alms, but Ibn Mas`ud said that he and his children deserved it more than anybody else." The Prophet replied, "Ibn Mas`ud had spoken the truth. Your husband and your children had more right to it than anybody else."

Malik related to me that he had asked Ibn Shihab about a slave who was released. He said, "He gives his wala' to whomever he likes. If he dies and has not given his wala' to anyone, his inheritance goes to the muslims and his blood-money is paid by them."

Malik said, "The best of what has been heard about a slave who is released is that no one gets his wala', and his inheritance goes to the muslims, and they pay his blood-money."

Malik said that when the slave of a jew or christian became muslim and he was freed before being sold, the wala' of the freed slave went to the muslims. If the jew or christian became muslim afterwards, the wala' did not revert to him. "

He said, "However, if a jew or christian frees a slave from their own deen, and then the freed one becomes muslim before the jew or christian who freed him becomes muslim and then the one who freed him has become muslim, his wala' reverts to him because the wala' was confirmed for him on the day he freed him."

Malik said that the muslim child of a jew or christian inherited the mawali of his jewish or christian father when the freed mawla became muslim before the one who freed him became muslim. If the freed one was already muslim when he was freed, the muslim children of the christian or jew had nothing of the wala' of a muslim slave because the jew and the christian did not have the wala'. The wala' of a muslim slave went to the community of muslims.

Bani An-Nadir and Bani Quraiza fought (against the Prophet violating their peace treaty), so the Prophet exiled Bani An-Nadir and allowed Bani Quraiza to remain at their places (in Medina) taking nothing from them till they fought against the Prophet again) . He then killed their men and distributed their women, children and property among the Muslims, but some of them came to the Prophet and he granted them safety, and they embraced Islam. He exiled all the Jews from Medina. They were the Jews of Bani Qainuqa', the tribe of `Abdullah bin Salam and the Jews of Bani Haritha and all the other Jews of Medina.

The people of (Banu) Quraiza agreed to accept the verdict of Sa`d bin Mu`adh. So the Prophet sent for Sa`d, and the latter came (riding) a donkey and when he approached the Mosque, the Prophet said to the Ansar, "Get up for your chief or for the best among you." Then the Prophet said (to Sa`d)." These (i.e. Banu Quraiza) have agreed to accept your verdict." Sa`d said, "Kill their (men) warriors and take their offspring as captives, "On that the Prophet said, "You have judged according to Allah's Judgment," or said, "according to the King's judgment."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to one of his governors, "It has been passed down to us that when the Messenger of Allah, may Allah bless him and grant him peace, sent out a raiding party, he would say to them, 'Make your raids in the name of Allah in the way of Allah. Fight whoever denies Allah. Do not steal from the booty, and do not act treacherously. Do not mutilate and do not kill children.' Say the same to your armies and raiding parties, Allah willing. Peace be upon you."

The people of (the tribe of) Quraiza agreed upon to accept the verdict of Sa`d. The Prophet sent for him (Sa`d) and he came. The Prophet said (to those people), "Get up for your chief or the best among you!" Sa`d sat beside the Prophet and the Prophet said (to him), "These people have agreed to accept your verdict." Sa`d said, "So I give my judgment that their warriors should be killed and their women and children should be taken as captives." The Prophet said, "You have judged according to the King's (Allah's) judgment." (See Hadith No. 447, Vol. 5)

That he visited Al-Hajjaj (bin Yusuf). Al-Hajjaj said, "O son of Al-Akwa`! You have turned on your heels (i.e., deserted Islam) by staying (in the desert) with the bedouins." Salama replied, "No, but Allah's Apostle allowed me to stay with the bedouin in the desert." Narrated Yazid bin Abi Ubaid: When `Uthman bin `Affan was killed (martyred), Salama bin Al-Akwa` went out to a place called Ar- Rabadha and married there and begot children, and he stayed there till a few nights before his death when he came to Medina.

Allah's Apostle (p.b.u.h) offered the Fajr prayer when it was still dark, then he rode and said, 'Allah Akbar! Khaibar is ruined. When we approach near to a nation, the most unfortunate is the morning of those who have been warned." The people came out into the streets saying, "Muhammad and his army." Allah's Apostle vanquished them by force and their warriors were killed; the children and women were taken as captives. Safiya was taken by Dihya Al-Kalbi and later she belonged to Allah's Apostle go who married her and her Mahr was her manumission.

The Prophet passed by some persons of the tribe of Aslam practicing archery (i.e. the throwing of arrows) Allah's Apostle said, "O offspring of Ishmael! Practice archery (i.e. arrow throwing) as your father was a great archer (i.e. arrow-thrower). I am with (on the side of) the son of so-and-so-." Hearing that, one of the two teams stopped throwing. Allah's Apostle asked them, ' Why are you not throwing?" They replied, "O Allah's Apostle! How shall we throw when you are with the opposite team?" He said, "Throw, for I am with you all."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Urwa ibn az-Zubayr told him that the Messenger of Allah, may Allah bless him and grant him peace, entered the house of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace. There was a child weeping in the house, and they told him that it was from the evil eye. Urwa said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why do you not find someone to make an incantation to protect it from the evil eye?' "

The Prophet (saws) said: A menstruating woman and the one who delivered a child should take a bath, put on ihram and perform all the rites of hajj except circumambulation of the House (Ka'bah) when they came to the place of wearing ihram.

Abu Ma'mar said in his version: "till she is purified". The narrator Ibn Isa did not mention the names of Ikrimah and Mujahid, but he said: from Ata on the authority of Ibn Abbas. Ibn Isa also did not mention the word "all (rites of hajj)." He said in his version: All the rites of hajj except circumambulation of the House (the Ka'bah).

on his father's authority said his grandfather reported: He was a Companion of the Messenger of Allah (saws) said: I heard the Messenger of Allah (saws) say: When Allah has previously decreed for a servant a rank which he has not attained by his action, He afflicts him in his body, or his property or his children.

Abu Dawud said: Ibn Nufail added in his version: "He then enables him to endure that." The agreed version goes: "So that He may bring him to the rank previously decreed from him by Allah."

The Messenger of Allah (saws) as saying: No one withholds goods till their price rises but a sinner. I said to Sa'id (b. al-Musayyab): You withhold goods till their price rises. He said: Ma'mar used to withhold goods till their price rose.

Abu Dawud said: I asked Ahmad (b. Hanbal): What is hoarding (hukrah) ? He replied: That on which people live.

Abu Dawud said: Al-Auza'i said: A muhtakir (one who hoards) is one who withholds supply of goods in the market.

Ibn ‘Awn said “I wrote to Nafi’ asking him about summoning the polytheists (to Islam) at the time of fighting. So, he wrote to me “This was in the early days of Islam. The Prophet of Allaah(saws) attacked Banu Al Mustaliq while they were inattentive and their cattle were drinking water. So their fighters were killed and the survivors (i.e., women and children) were taken prisoners. On that day Juwairiyyah daughter of Al Harith was obtained. ‘Abd Allaah narrated this to me, he was in that army.”

Abu Dawud said “This is a good tradition narrtted by Ibn ‘Awn from Nafi’ and no one shared him in narrating it.”

A man kissed a woman (unlawfully) and then went to the Prophet and informed him. Allah revealed: And offer prayers perfectly At the two ends of the day And in some hours of the night (i.e. the five compulsory prayers). Verily! good deeds remove (annul) the evil deeds (small sins) (11.114). The man asked Allah's Apostle, "Is it for me?" He said, "It is for all my followers."

Yahya related to me from Malik that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, would say, when she mentioned that the Messenger of Allah, used to kiss while fasting, "And who among you is more able to control himself than the Messenger of Allah, may Allah bless him and grant him peace?"

Allah's Apostle said, "While three persons were traveling, they were overtaken by rain and they took shelter in a cave in a mountain. A big rock fell from the mountain over the mouth of the cave and blocked it. They said to each other. 'Think of such good (righteous) deeds which, you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that Allah may relieve you from your difficulty. one of them said, 'O Allah! I had my parents who were very old and I had small children for whose sake I used to work as a shepherd. When I returned to them at night and milked (the sheep), I used to start giving the milk to my parents first before giving to my children. And one day I went far away in search of a grazing place (for my sheep), and didn't return home till late at night and found that my parents had slept. I milked (my livestock) as usual and brought the milk vessel and stood at their heads, and I disliked to wake them up from their sleep, and I also disliked to give the milk to my children before my parents though my children were crying (from hunger) at my feet. So this state of mine and theirs continued till the day dawned. (O Allah!) If you considered that I had done that only for seeking Your pleasure, then please let there be an opening through which we can see the sky.' So Allah made for them an opening through which they could see the sky. Then the second person said, 'O Allah! I had a she-cousin whom I loved as much as a passionate man love a woman. I tried to seduce her but she refused till I paid her one-hundred Dinars So I worked hard till I collected one hundred Dinars and went to her with that But when I sat in between her legs (to have sexual intercourse with her), she said, 'O Allah's slave! Be afraid of Allah ! Do not deflower me except legally (by marriage contract). So I left her O Allah! If you considered that I had done that only for seeking Your pleasure then please let the rock move a little to have a (wider) opening.' So Allah shifted that rock to make the opening wider for them. And the last (third) person said 'O Allah ! I employed a laborer for wages equal to a Faraq (a certain measure: of rice, and when he had finished his job he demanded his wages, but when I presented his due to him, he gave it up and refused to take it. Then I kept on sowing that rice for him (several times) till managed to buy with the price of the yield, some cows and their shepherd Later on the laborer came to me an said. '(O Allah's slave!) Be afraid o Allah, and do not be unjust to me an give me my due.' I said (to him). 'Go and take those cows and their shepherd. So he took them and went away. (So, O Allah!) If You considered that I had done that for seeking Your pleasure, then please remove the remaining part of the rock.' And so Allah released them (from their difficulty).

Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

Allah's Prophet Solomon who had sixty wives, once said, "Tonight I will have sexual relation (sleep) with all my wives so that each of them will become pregnant and bring forth (a boy who will grow into) a cavalier and will fight in Allah's Cause." So he slept with his wives and none of them (conceived and) delivered (a child) except one who brought a half (body) boy (deformed). Allah's Prophet said, "If Solomon had said; 'If Allah Will,' then each of those women would have delivered a (would-be) cavalier to fight in Allah's Cause." (See Hadith No. 74 A, Vol. 4).

Harmala, the freed slave of Usama bin Zaid said

that while he was in the company of 'Abdullah bin 'Umar, Al-Hajjaj bin Aiman came in and (while praying) he did not perform his bowing and prostrations properly. So Ibn 'Umar told him to repeat his prayer. When he went away, Ibn 'Umar asked me, "Who is he?" I said, "Al-Hajjaj bin Um Aiman." Ibn 'Umar said, "If Allah's Apostle saw him, he would have loved him." Then Ibn 'Umar mentioned the love of the Prophet for the children of Um Aiman. Sulaiman said that Um Aiman was one of the nurses of the Prophet.

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

The Prophet was the best of all the people in character. I had a brother called Abu `Umar, who, I think, had been newly weaned. Whenever he (that child) was brought to the Prophet the Prophet used to say, "O Abu `Umar! What did Al-Nughair (nightingale) (do)?" It was a nightingale with which he used to play. Sometimes the time of the Prayer became due while he (the Prophet) was in our house. He would order that the carpet underneath him be swept and sprayed with water, and then he would stand up (for the prayer) and we would line up behind him, and he would lead us in prayer.

Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. Al-Qasim ibn Muhammad said, "Glory be to Allah! Allah says in His Book, 'Those of you who die, leaving wives, they are not wives.' "

'Umar asked about the decision of the Prophet (saws) about that (i.e. abortion). Haml b. Malik b. al-Nabhigah got up and said: I was between two women. One of them struck another with a rolling-pin killing both her and what was in her womb. So the Messenger of Allah (saws) gave judgement that the bloodwit for the unborn child should be a male or a female slave of the best quality and the she should be killed.

Abu Dawud said: Al-Nadr b. Shumail said: Mistah means a rolling-pin.

Abu Dawud said: Abu 'Ubaid said: Mistah means a pole from the tent-poles.

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.

'Uwaimir Al-`Ajlani came to `Asim bin `Adi and said, "If a man found another man with his wife and killed him, would you sentence the husband to death (in Qisas,) i.e., equality in punishment)? O `Asim! Please ask Allah's Apostle about this matter on my behalf." `Asim asked the Prophet but the Prophet disliked the question and disapproved of it. `Asim returned and informed 'Uwaimir that the Prophet disliked that type of question. 'Uwaimir said, "By Allah, I will go (personally) to the Prophet." 'Uwaimir came to the Prophet when Allah had already revealed Qur'anic Verses (in that respect), after `Asim had left (the Prophet ). So the Prophet said to 'Uwaimir, "Allah has revealed Qur'anic Verses regarding you and your wife." The Prophet then called for them, and they came and carried out the order of Lian. Then 'Uwaimir said, "O Allah's Apostle! Now if I kept her with me, I would be accused of telling a lie." So 'Uwaimir divorced her although the Prophet did not order him to do so. Later on this practice of divorcing became the tradition of couples involved in a case of Li'an. The Prophet said (to the people). "Wait for her! If she delivers a red short (small) child like a Wahra (a short red animal). then I will be of the opinion that he ('Uwaimir) has told a lie but if she delivered a black big-eyed one with big buttocks, then I will be of the opinion that he has told the truth about her." 'Ultimately she gave birth to a child that proved the accusation. (See Hadith No. 269, Vol. 6)

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."