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There cropped up a difference of opinion between a group of Muhajirs (Emigrants and a group of Ansar (Helpers) (and the point of dispute was) that the Ansar said: The bath (because of sexual intercourse) becomes obligatory only-when the semen spurts out or ejaculates. But the Muhajirs said: When a man has sexual intercourse (with the woman), a bath becomes obligatory (no matter whether or not there is seminal emission or ejaculation). Abu Musa said: Well, I satisfy you on this (issue). He (Abu Musa, the narrator) said: I got up (and went) to 'Aisha and sought her permission and it was granted, and I said to her: 0 Mother, or Mother of the Faithful, I want to ask you about a matter on which I feel shy. She said: Don't feel shy of asking me about a thing which you can ask your mother, who gave you birth, for I am too your mother. Upon this I said: What makes a bath obligatory for a person? She replied: You have come across one well informed! The Messenger of Allah (may peace be upon him) said: When anyone sits amidst four parts (of the woman) and the circumcised parts touch each other a bath becomes obligatory.
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Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, "The head wound of the slave in which the bone is bared is a twentieth of his price." Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave. Malik said, "What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values."
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that one among the citizens of Khurasan asked him: 0 Abu! some of the people amongst us who belong to Khurasan say that a person who freed his bondswoman and then married her is like one who rode over a sacrificial animal. Sha'bi said: Abu Burda b. Abi Musa narrated it to me on the authority of his father that verily the Messenger of Allah (may peace be upon him) said: There are three (classes of persons) who would be given a double reward. One who is amongst the People of the Book and believed in his apostle and (lived) to see the time of Apostle Muhammad (may peace be upon him) and affirmed his faith in him and followed him and attested his truth, for him is the double reward; and the slave of the master who discharges all those obligations that he owes to Allah and discharges his duties that he owes to his master, for him there is a double reward. And a man who had a bondswoman and fed her and fed her well, then taught her good manners, and did that well and later on granted her freedom and married her, for him is the double reward. Then Sha'bi said: Accept this hadith without (giving) anything. Formerly a man was (obliged) to travel to Medina even for a smaller hadith than this.
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Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat. Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf. Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary." Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."
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Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft." Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."
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While we were sitting with the Prophet a man came and said, "O Allah's Apostle! I have been ruined." Allah's Apostle asked what was the matter with him. He replied "I had sexual intercourse with my wife while I was fasting." Allah's Apostle asked him, "Can you afford to manumit a slave?" He replied in the negative. Allah's Apostle asked him, "Can you fast for two successive months?" He replied in the negative. The Prophet asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet . He asked, "Where is the questioner?" He replied, "I (am here)." The Prophet said (to him), "Take this (basket of dates) and give it in charity." The man said, "Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina's) two mountains who are poorer than I." The Prophet smiled till his pre-molar teeth became visible and then said, "Feed your family with it."
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I came to 'Aisha while she was praying, and said to her, "What has happened to the people?" She pointed out towards the sky. (I looked towards the mosque), and saw the people offering the prayer. Aisha said, "Subhan Allah." I said to her, "Is there a sign?" She nodded with her head meaning, "Yes." I, too, then stood (for the prayer of eclipse) till I became (nearly) unconscious and later on I poured water on my head. After the prayer, the Prophet praised and glorified Allah and then said, "Just now at this place I have seen what I have never seen before, including Paradise and Hell. No doubt it has been inspired to me that you will be put to trials in your graves and these trials will be like the trials of Masiah-ad-Dajjal or nearly like it (the sub narrator is not sure which expression Asma' used). You will be asked, 'What do you know about this man (the Prophet Muhammad)?' Then the faithful believer (or Asma' said a similar word) will reply, 'He is Muhammad Allah's Apostle who had come to us with clear evidences and guidance and so we accepted his teachings and followed him. And he is Muhammad.' And he will repeat it thrice. Then the angels will say to him, 'Sleep in peace as we have come to know that you were a faithful believer.' On the other hand, a hypocrite or a doubtful person will reply, 'I do not know, but I heard the people saying something and so I said it.' (the same). "
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We went to Khaibar along with the Apostle (may peace be upon him) and Allah granted us victory. We plundered neither gold nor silver but laid our hands on goods, corn and clothes, and then bent our stops to a valley; along with the Messenger of Allah (may peace be upon him) there was a slave who was presented to him by one Rifa'a b. Zaid of the family of Judham, a tribe of Dubayb. When we got down into the valley the slave of the Messenger of Allah stood up and began to unpack the saddle-bag and was suddenly struck by a (stray) arrow which proved fatal. We said: There is a greeting for him, Messenger of Allah, as he is a martyr. Upon this the Messenger of Allah (may peace be upon him) remarked: Nay, not so. By Him in Whose hand is the life of Muhammad, the small garment which he stole from the booty on the day of Khaibar but which did not (legitimately) fall to his lot is burning like the Fire (of Hell) on him. The people were greatly perturbed (on hearing this). A person came there with a lace or two laces and said: Messenger of Allah, I found (them) on the day of Khaibar. He (the Holy Prophet) remarked: This is a lace of fire or two laces of fire.
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Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people. Malik said, "If they are on separate occasions there is still only one hadd against him." Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al-Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar-Rahman that two men cursed each other in the time of Umar ibn al-Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes. Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it." Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well."
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Asma' bint Al Bakr said, "I came to 'Aisha the wife of the Prophet (p.b.u.h) during the solar eclipse. The people were standing and offering the prayer and she was also praying too. I asked her, 'What has happened to the people?' She pointed out with her hand towards the sky and said, 'Subhan-Allah'. I said, 'Is there a sign?' She pointed out in the affirmative." Asma' further said, "I too then stood up for the prayer till I fainted and then poured water on my head. When Allah's Apostle had finished his prayer, he thanked and praised Allah and said, 'I have seen at this place of mine what I have never seen even Paradise and Hell. No doubt, it has been inspired to me that you will be put to trial in the graves like or nearly like the trial of (Masih) Ad-Dajjal. (I do not know which one of the two Asma' said.) (The angels) will come to everyone of you and will ask what do you know about this man (i.e. Muhammad). The believer or a firm believer (I do not know which word Asma' said) will reply, 'He is Muhammad, Allah's Apostle (p.b.u.h) who came to us with clear evidences and guidance, so we accepted his teachings, believed and followed him.' The angels will then say to him, 'Sleep peacefully as we knew surely that you were a firm believer.' The hypocrite or doubtful person (I do not know which word Asma' said) will say, 'I do not know. I heard the people saying something so I said it (the same).' "
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