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Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf telling him not to disagree with Abdullah ibn Umar about anything to do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar went to him just after noon, and I went with him. He called out to him outside his tent, 'Where is this man?' and a-lHajjaj came out to him, wearing a blanket dyed with safflower, and said to him, 'What's up with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.' Al-Hajjaj said, 'Wait until I have poured some water over myself, and then I will come out.' So Abdullah dismounted and waited until al-Hajjaj came out. He passed between me and my father and I said to him, 'If you want to accord with the sunna today, then make the khutba short, do not delay the prayer and do the prayer quickly.' Then he began looking at Abdullah ibn Umar to see if he would say the same thing, and when Abdullah saw that, he said, 'What Salim is saying is true.' " 20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and the Jumua at Mina and Arafa
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Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us." Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al-ifada.' "
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The people (of the Pre-lslamic Period) used to think that to perform 'Umra during the months of Hajj was one of the major sins on earth. And also used to consider the month of Safar as a forbidden (i.e. sacred) month and they used to say, "When the wounds of the camel's back heal up (after they return from Hajj) and the signs of those wounds vanish and the month of Safar passes away then (at that time) 'Umra is permissible for the one who wishes to perform it." In the morning of the 4th of Dhul-Hijja, the Prophet and his companions reached Mecca, assuming Ihram for Hajj and he ordered his companions to make their intentions of the Ihram for Umra only (instead of Hajj) so they considered his order as something great and were puzzled, and said, "O Allah's Apostle! What kind (of finishing) of Ihram is allowed?" The Prophet replied, "Finish the Ihram completely like a non-Muhrim (you are allowed everything)."
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"A grandmother came to Abu Bakr Siddiq and asked him for her inheritance. Abu Bakr said to her: 'You have nothing according to the Book of Allah, and I don't know of anything for you according to the Book of Allah, and I don't know of anything for you according to the Sunnah of the Messenger of Allah (saw). Go back until I ask the people.' So he asked the people and Al-Mughirah bin Shubah said: 'I was present with the Messenger of Allah (saw) and he gave her (the grandmother) one sixth.' Abu Bakr said: 'Is there anyone else with you (who will corroborate what you say)?' Muhammad bin Maslamah Al-Ansari stood up and said something like what Mughirah bin Shubah had said. So Abu Bakr applied it in her case." "Then the other grandmother, on the father's side came to Umar and asked him for her inheritance. He said: 'You have nothing according to the book of Allah. The ruling that was passed applied to someone other than you, and I will not make any addition to the shares of inheritance. But it is one sixth. If there are two of you then it is to be shared between you, and if one of you is alone then it all belongs to her.' " Sahih
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Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Once when I was young I said to A'isha, umm al-muminin, 'Have you seen the saying of Allah, the Blessed and Exalted, "Safa and Marwa are among the waymarks of Allah, so whoever does hajj or umra to the House, there is no harm in his going between them," so it follows that there should be no harm for some one who does not go between them.' A'isha said, 'No. If it were as you say, there would be no harm in his not going between them. This ayat was only revealed about the Ansar. They used to make pilgrimage to Manat, and Manat was an idol near Qudayd, and they used to avoid going between Safa and Marwa, and when Islam came they asked the Messenger of Allah, may Allah bless him and grant him peace, about this and Allah, the Blessed and Exalted, revealed, "Safa and Marwa are among the waymarks of Allah, so whoever does hajj or umra to the House, there is no harm in his going between them." '
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Allah's Apostle (SAW) said, "There was an Israeli man called Juraij, while he was praying, his mother came and called him, but he did not respond to her call. He said (to himself) whether he should continue the prayer or reply to his mother. She came to him the second time and called him and said, "O Allah! Do not let him die until he sees the faces of prostitutes." Juraij used to live in a hermitage. A woman said that she would entice Juraij, so she went to him and presented herself (for an evil act) but he refused. She then went to a shepherd and allowed him to commit an illegal sexual intercourse with her and later she gave birth to a boy. She alleged that the baby was from Juraij. The people went to Juraij and broke down his hermitage, pulled him out of it and abused him. He performed ablution and offered the prayer, then he went to the male (baby) and asked him; "O boy! Who is your father?" The baby replied that his father was the shepherd. The people said that they would build for him a hermitage of gold but Juraij asked them to make it of mud only."
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Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al-Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that. Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."
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"We were with the Messenger of Allah (saw) and Amr bin Murrah came and said: 'O Messenger of Allah (saw), Allah (SWT) has decreed that I be doomed, and He has not guided me to earn a living except by beating my tambourine with my hand; give me permission to sing without doing anything immoral.' The Messenger of Allah (saw) said: 'I will not give you permission, or honor you nor give you, what you want. You are lying, O enemy of Allah. Allah (SWT) has granted you a good, lawful provision, but you have chosen the provision that Allah (SWT) has forbidden to you instead of that which He has permitted. If I had warned you before, I would have done such and such to you. Get away from me and repent to Allah (SWT). If you do that again, after this warning, I will give you a painful beating and shave your head, to make an example of you, and I will banish you from among your people, and tell the young men of Al-Madinah to come and take your goods, Amr stood up, suffering grief and humiliation that is known only to Allah (SWT). When he went away, the Prophet (saw) said: 'Those sinners, whoever among them dies without having repented, Allah (SWT) will gather him on the Day of Resurrection just as he was in this world, effeminate and naked, with not even a piece of cloth to conceal him from the people. Every time he gets up, he will fall to the ground.'" Maudu
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While I as in the company of Salman bin Rabia and Zaid bin Suhan, in one of the holy battles, I found a whip. One of them told me to drop it, but I refused to do so and said that I would give it to its owner if I found him, otherwise I would utilize it. On our return we performed Hajj and on passing by Medina, I asked Ubai bin Kab about it. He said, "I found a bag containing a hundred Dinars in the lifetime of the Prophet (SAW) and took it to the Prophet (SAW) who said to me, 'Make public announcement about it for one year.' So, I announced it for one year and went to the Prophet (SAW) who said, 'Announce it publicly for another year.' So, I announced it for another year. I went to him again and he said, "Announce for another year." So I announced for still another year. I went to the Prophet (SAW) for the fourth time, and he said, 'Remember the amount of money, the description of its container and the string it is tied with, and if the owner comes, give it to him; otherwise, utilize it.' " Salama narrated the above from Ubai bin Kab, adding, "I met the sub-narrator at Makkah later on, but he did not remember whether Kab had announced what he had found one year or three years."
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Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat. Ibn Shihab added that he had asked Said ibn al-Musayyab about renting land for gold and silver. He said, "There is no harm in it." Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known, for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but, before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden." Malik said that another example of that was, for instance, a man proposing to another man, "You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measureof each cloak to be such-and-such, (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount and whatever excess there is, is mine." Or perhaps the man proposed, "I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfill the specified amount and whatever excess there is, is mine." Or perhaps a man proposed to a man who had cattle or camel hides, "I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs, I will make up its loss and whatever is over is mine because I guaranteed you." Another example was that a man say to a man who had ben-nuts, "I will press these nuts of yours. Whatever falls short of such-and-such a weight by the pound, I will make it up, and whatever is more than that is mine." Malik said that all this and whatever else was like it or resembled it was in the category of muzabana, which was neither good nor permitted. It was also the same case for a man to say to a man, who had fodder leaves, date kernels, cotton, flax, herbs or safflower, "I will buy these leaves from you in exchange for such-and-such a sa, (indicating leaves which are pounded like his leaves) . . or these date kernels for such-and-such a sa of kernels like them, and the like of that in the case of safflower, cotton, flax and herbs." Malik said, "All this is what we have described of muzabana."
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