peace be upon Gabriel, peace be upon Michael, peace be upon so-and-so.’ When the Prophet ﷺ concluded the prayer he turned to us and said, ‘Allah Himself is Peace. Therefore, when any one of you sits during the prayer, let him say: Al-taḥiyyātu lillāh … al-salāmu ʿalaynā wa ʿalā ʿibādillāhi al-ṣāliḥīn; for when he says that it reaches every righteous servant in the heavens and on the earth….’

I say: This additional wording at the end of the ḥadith settles the matter conclusively; after it there is no room for disagreement. It states plainly what we have mentioned—that in the four-rakʿah daytime supererogatory prayers one does not give the taslīm after the first tashahhud. On this basis, the ḥadith appears to contradict his statement:

“The prayers of the night and the day are to be offered two by two.”

That report is authentic, as I have shown in Al-Ḥawḍ al-Mawārid fī Zawāʾid Muntaqā Ibn al-Jārūd, no. 123—may Allah enable us to complete it. A possible reconciliation is that the present ḥadith establishes permissibility, whereas the ḥadith of Ibn ʿUmar establishes what is preferable, just as is the case with the four-rakʿah nighttime prayers as well. Allah knows best.

238 – “He ruled that the owners of orchards must guard them by day, and that whatever damage livestock cause by night is the responsibility of their owners.”

It was recorded by Mālik in al-Muwaṭṭaʾ (3/220) from Ibn Shihāb, from Ḥarām ibn Saʿd ibn Muḥayyisa: a she-camel belonging to al-Barāʾ ibn ʿĀzib entered a man’s orchard and caused damage, so the Messenger of Allah صلى الله عليه وسلم gave this ruling.

I say: This chain is a sound mursal. Al-Ṭaḥāwī (2/116), al-Bayhaqī (8/341), and Aḥmad (5/435) also transmitted it through Mālik by the same route. Al-Layth ibn Saʿd likewise followed Mālik, narrating it from Ibn Shihāb in mursal form; Ibn Mājah recorded it (2/54–55).