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Salim told me, "'Abdullah bin 'Umar said, 'I saw Allah's Apostle delaying the Maghrib prayer till he offered it along with the Isha prayer whenever he was in a hurry during the journey.' " Salim said, "Abdullah bin Umar used to do the same whenever he was in a hurry during the journey. After making the call for Iqama, for the Maghrib prayer he used to offer three Rakat and then perform Tasllm. After waiting for a short while, he would pronounce the Iqama for the 'Isha' prayer and offer two Rakat and perform Taslim. He never prayed any Nawafil in between the two prayers or after the 'Isha' prayers till he got up in the middle of the night (for Tahajjud prayer)."
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"The Messenger of Allah (saw) said: This is Jibrail, peace be upon you, he came to teach you your religion. He prayed Subh when the dawn appeared, and he prayed Zuhr when the sun had (passed its zenith), and he prayed Asr when he saw that the shadow of a thing was equal to its height, then he prayed Maghrib when the sun had set and it is permissible for the fasting person to eat. Then he prayed Isha when the twilight had disappeared. Then he came to him the following day and prayed Subh when it had got a little lighter, then he prayed Zuhr when the shadow of a thing was equal to its height, then he prayed Asr when the shadow of a thing was equal to twice its height, then he prayed Maghrib at the same time as before, then he prayed Isha when a short period of the night had passed. Then he said: 'The prayer is between the times when you prayed yesterday and the times when you prayed today.'" (Hasan)
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Yahya related to me from Malik that Abuz-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that." Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day." Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off." Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd. "The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away." Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off. "If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off." Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off." Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off." Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off." "It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off." "It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off." It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off." Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees." Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them." Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."
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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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Ibn Umar intended to perform Hajj in the year when Al-Hajjaj attacked Ibn Az-Zubair. Somebody said to Ibn 'Umar, "There is a danger of an impending war between them." Ibn 'Umar said, "Verily, in Allah's Apostle you have a good example. (And if it happened as you say) then I would do the same as Allah's Apostle had done. I make you witness that I have decided to perform 'Umra." Then he set out and when he reached Al-Baida', he said, "The ceremonies of both Hajj and 'Umra are similar. I make you witness that I have made Hajj compulsory for me along with 'Umra." He drove (to Mecca) a Hadi which he had bought from (a place called) Qudaid and did not do more than that. He did not slaughter the Hadi or finish his Ihram, or shave or cut short his hair till the day of slaughtering the sacrifices (10th Dhul-Hijja). Then he slaughtered his Hadi and shaved his head and considered the first Tawaf (of Safa and Marwa) as sufficient for Hajj and Umra. Ibn Umar said, "Allah's Apostle did the same."
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that the Prophet (saw) said concerning the urine of a nursing infant: "Water should be sprinkled over the urine of a boy, and the urine of a girl should be washed." Abul-Hasan bin Salamah said: "Ahmad bin Musa bin Maqil narrated to us that Abul-Yaman Al-Misri said: 'I asked Shafi'i about the Hadith of the Prophet (saw), "Water should be sprinkled over the urine of a boy, and the urine of a girl should be washed, when the two types of water (urine) are the same. He said, "That is because the urine of the boy is of water and clay, but the urine of the girl is of flesh and blood." Then he said to me: "Did you understand?" I said: "No." He said: "When Allah the Most High created Adam, He created Eve (Hawwa) from his short rib, so the boy's urine is from water and clay, and the girl's urine is from flesh and blood." Then he said to me: "Did you understand?" I said: "Yes." He said: "May Allah cause you benefit from this." (Hasan)
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The Prophet and his companions assumed Ihram for Hajj and none except the Prophet (p.b.u.h) and Talha had the Hadi (sacrifice) with them. 'Ali arrived from Yemen and had a Hadi with him. 'Ali said, "I have assumed Ihram for what the Prophet has done." The Prophet ordered his companions to perform the 'Umra with the lhram which they had assumed, and after finishing Tawaf (of Kaaba, Safa and Marwa) to cut short their hair, and to finish their lhram except those who had Hadi with them. They (the people) said, "How can we proceed to Mina (for Hajj) after having sexual relations with our wives?" When that news reached the Prophet he said, "If I had formerly known what I came to know lately, I would not have brought the Hadi with me. Had there been no Hadi with me, I would have finished the state of lhram." 'Aisha got her menses, so she performed all the ceremonies of Hajj except Tawaf of the Kaaba, and when she got clean (from her menses), she performed Tawaf of the Kaaba. She said, "O Allah's Apostle! (All of you) are returning with the Hajj and 'Umra, but I am returning after performing Hajj only." So the Prophet ordered 'Abdur-Rahman bin Abu Bakr to accompany her to Tan'im and thus she performed the 'Umra after the Hajj.
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Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Muhammad ibn Abi Bakras-Siddiq told Abdullah ibn Umar from A'isha, that the Prophet, may Allah bless him and grant him peace, said, "Don't you see that when your people built the Kaba they fell short of the foundations of Ibrahim?" A'isha said, "Messenger of Allah, won't you return it to the foundations of Ibrahim?" and the Messenger of Allah, may Allah bless him and grant him peace, said, "If it were not that your people have only recently left kufr, I would have done so." Salim ibn Abdullah said that Abdullah ibn Umar said, "If A'isha heard this from the Messenger of Allah, may Allah bless him and grant him peace, then I consider that the Messenger of Allah, may Allah bless him and grant him peace, only refrained from greeting the two corners which are adjacent to the Hijr because the House had not been completed on the foundations of Ibrahim." (i.e. the corners he did not touch were not the original corners of the Kaba).
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"I saw Allah's Apostle delaying the Maghrib prayer till he offered it along with the 'Isha' prayer whenever he was in a hurry during the journey." Salim narrated, "Ibn 'Umar used to do the same whenever he was in a hurry during the journey." And Salim added, "Ibn 'Umar used to pray the Maghrib and 'Isha' prayers together in Al-Muzdalifa." Salim said, "Ibn 'Umar delayed the Maghrib prayer because at that time he heard the news of the death of his wife Safiya bint Abi 'Ubaid. I said to him, 'The prayer (is due).' He said, 'Go on.' Again I said, 'The prayer (is due).' He said, 'Go on,' till we covered two or three miles. Then he got down, prayed and said, 'I saw the Prophet praying in this way, whenever he was in a hurry during the journey.' 'Abdullah (bin 'Umar) added, "Whenever the Prophet was in a hurry, he used to delay the Maghrib prayer and then offer three Rakat (of the Maghrib) and perform Taslim, and after waiting for a short while, Iqama used to be pronounced for the 'Isha' prayer when he would offer two Rakat and perform Taslim. He would never offer any optional prayer till the middle of the night (when he used to pray the Tahajjud)."
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I left for Mecca for Hajj-at-Tamattu' assuming Ihram for 'Umra. I reached Mecca three days before the day of Tarwiya (8th Dhul-Hijja). Some people of Mecca said to me, "Your Hajj will be like the Hajj performed by the people of Mecca (i.e. you will lose the superiority of assuming Ihram from the Miqat). So I went to 'Ata' asking him his view about it. He said, "Jabir bin 'Abdullah narrated to me, 'I performed Hajj with Allah's Apostle on the day when he drove camels with him. The people had assumed Ihram for Hajj-al-Ifrad. The Prophet ordered them to finish their Ihram after Tawaf round the Ka'ba, and between Safa and Marwa and to cut short their hair and then to stay there (in Mecca) as non-Muhrims till the day of Tarwiya (i.e. 8th of Dhul-Hijja) when they would assume Ihram for Hajj and they were ordered to make the Ihram with which they had come as for 'Umra only. They asked, 'How can we make it 'Umra (Tamattu') as we have intended to perform Hajj?' The Prophet said, 'Do what I have ordered you. Had I not brought the Hadi with me, I would have done the same, but I cannot finish my Ihram till the Hadi reaches its destination (i.e. is slaughtered).' So, they did (what he ordered them to do)."
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