Yahya related to me from Malik that Abu'z-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."

Some of the wives of the Prophet asked him, "Who amongst us will be the first to follow you (i.e. die after you)?" He said, "Whoever has the longest hand." So they started measuring their hands with a stick and Sauda's hand turned out to be the longest. (When Zainab bint Jahsh died first of all in the caliphate of `Umar), we came to know that the long hand was a symbol of practicing charity, so she was the first to follow the Prophet and she used to love to practice charity. (Sauda died later in the caliphate of Muawiya).

Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off.

The Prophet said: "The stipulations most entitled to be abided by are those with which you are given the right to enjoy the (women's) private parts (i.e. the stipulations of the marriage contract).

The Prophet used to start every thing from the right (for good things) whenever it was possible in all his affairs; for example: in washing, combing or wearing shoes.

The Prophet said, "Some of my followers will remain victorious (and on the right path) till the Last Day comes, and they will still be victorious."

On the day of Mu'tah, nine swords were broken in my hand and only a Yemenite sword of mine remained in my hand.

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."

Aflah, the brother of Abi Al-Qu`ais, asked permission to visit me after the order of Al-Hijab was revealed. I said, "I will not permit him unless I take permission of the Prophet about him for it was not the brother of Abi Al-Qu`ais but the wife of Abi Al-Qu`ais that nursed me." The Prophet entered upon me, and I said to him, "O Allah's Apostle! Aflah, the brother of Abi Al-Qu`ais asked permission to visit me but I refused to permit him unless I took your permission." The Prophet said, "What stopped you from permitting him? He is your uncle." I said, "O Allah's Apostle! The man was not the person who had nursed me, but the woman, the wife of Abi Al-Qu`ais had nursed me." He said, "Admit him, for he is your uncle. Taribat Yaminuki (may your right hand be saved)" `Urwa, the sub-narrator added: For that `Aisha used to say, "Consider those things which are illegal because of blood relations as illegal because of the corresponding foster relations."

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet made a treaty, and neither did the Prophet fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

Once `Umar asked the leave to see Allah's Apostle in whose company there were some Quraishi women who were talking to him and asking him for more financial support raising their voices. When `Umar asked permission to enter the women got up (quickly) hurrying to screen themselves. When Allah's Apostle admitted `Umar, Allah's Apostle was smiling, `Umar asked, "O Allah's Apostle! May Allah keep you in happiness always." Allah's Apostle said, "I am astonished at these women who were with me. As soon as they heard your voice, they hastened to screen themselves." `Umar said, "O Allah's Apostle! You have more right to be feared by them." Then he addressed (those women) saying, "O enemies of your own souls! Do you fear me and not Allah's Apostle ?" They replied. "Yes, for you are a fearful and fierce man as compared with Allah's Apostle." On that Allah's Apostle said (to `Umar), "By Him in Whose Hands my life is, whenever Satan sees you taking a path, he follows a path other than yours."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said from the mimbar when mentioning sadaqa and refraining from asking, "The upper hand is better than the lower hand. The upper hand is the one which expends, and the lower one is the one which asks."

That the Prophet at the time of washing his deceased daughter had said to them, "Start from the right side beginning with those parts which are washed in ablution."

Allah's Apostle said, "If a man finds his very things with a bankrupt, he has more right to take them back than anyone else."

The Messenger of Allah (saws) went round the House (the Ka'bah) wearing a green Yamani mantle under his right armpit with the end over his left shoulder.

I heard the Messenger of Allah (saws) say: Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.

The Messenger of Allah (saws) mentioned the name of the one who will sound the trumpet (sahib as-sur) and said: On his right will be Jibra'il and on his left will be Mika'il.

The Prophet (saws) said: If the property of anyone is designed to be taken away without any right and he fights and is killed, he is a martyr.

The Prophet, during his fatal ailment used to blow (on his hands and pass them) over his body while reciting the Mu'auwidhat (Surat-an-Nas and Surat-al-Falaq). When his disease got aggravated, I used to recite them for him and blow (on his hands) and let him pass his hands over his body because of its blessing. (Ma`mar asked Ibn Shihab: How did he use to do Nafth? He said: He used to blow on his hands and then pass them over his face.)

Allah's Apostle said, "There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: They are, (1) a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. (2) a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge; (3) and a man who sells something to another man after the `Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price." (See Hadith No. 838, Vol. 3)

The Prophet (saws) said: If anyone takes land by (paying) its jizyah, he renounces his immigration; and if anyone takes off the disgrace of an unbeliever from his neck he turns away his back from Islam. He (the narrator) said: Thereafter Khalid ibn Ma'dan heard this tradition from me, and he said: Has Shubayb narrated it to you? I said: Yes. He said! When you come to him, ask him to write this tradition to me. He said: He then wrote it for him. When I came, Khalid ibn Ma'dan asked me for the paper and I gave it to him. When he read (the paper), he abandoned the lands he had in his possession the moment he heard this.

Abu Dawud said: This Yazid b. Khumair al-Yazani is not the disciple of Shu'bah.

On the day (of the battle of) Mu'tah, nine swords were broken in my hand, and nothing was left in my hand except a Yemenite sword of mine.

When the Prophet (saws) made supplication (to Allah) he would raise his hands and wipe his face with his hands.

'A'isha reported that when any of the members of the household fell ill Allah's Messenger (may peace be upon him) used to blow over him by reciting Mu'awwidhatan, and when he suffered from illness of which he died I used to blow over him and rubbed his body with his hand for his hand had greater healing power than my hand.

I never said that when any man brought his mouth to the ear of the Messenger of Allah (saws) and he withdrew his head until the man himself withdrew his head, and I never saw that when any man took him by his hand and he withdrew his hand, until the man himself withdrew his hand.

The Prophet (saws) said: to Ali: Do not give a second look, Ali, (because) while you are not to blame for the first, you have no right to the second.

Ahmed b. Salih said: The amputation (of a thief’s hand) is for a quarter of a dinar and upwards.