The Prophet visited me at Mecca while I was ill. I said (to him), "I have property; May I bequeath all my property in Allah's Cause?" He said, "No." I said, "Half of it?" He said, "No." I said, "One third of it?" He said, "One-third (is alright), yet it is still too much, for you'd better leave your inheritors wealthy than leave them poor, begging of others. Whatever you spend will be considered a Sadaqa for you, even the mouthful of food you put in the mouth of your wife. Anyhow Allah may let you recover, so that some people may benefit by you and others be harmed by you."

I fell sick and the Prophet paid me a visit. I said to him, "O Allah's Apostle! I invoke Allah that He may not let me expire in the land whence I migrated (i.e. Mecca)." He said, "May Allah give you health and let the people benefit by you." I said, "I want to will my property, and I have only one daughter and I want to will half of my property (to be given in charity)." He said," Half is too much." I said, "Then I will one third." He said, "One-third, yet even one-third is too much." (The narrator added, "So the people started to will one third of their property and that was Permitted for them.")

I recommend that people reduce the proportion of what they bequeath by will to the fourth (of the whole legacy), for Allah's Apostle said, "One-third, yet even one third is too much."

I became seriously ill at Mecca and the Prophet came to visit me. I said, "O Allah's Apostle! I shall leave behind me a good fortune, but my heir is my only daughter; shall I bequeath two third of my property to be spent in charity and leave one third (for my heir)?" He said, "No." I said, "Shall I bequeath half and leave half?" He said, "No." I said, "Shall I bequeath one third and leave two thirds?" He said, "One third is alright, though even one third is too much." Then he placed his hand on his forehead and passed it over my face and `Abdomen and said, "O Allah! Cure Sa`d and complete his emigration." I feel as if I have been feeling the coldness of his hand on my liver ever since.

He then placed his hand on my forehead and passed it over my face and stomach and made this supplication. "O Allah, cure sad and completed his emigration." Ever since I have not ceased to sense the pleasant cool of his hand on my liver."

Allah's Apostle came to visit me during my ailment which had been aggravated during Hajjat-al- Wada`. I said to him, "You see how sick I am. I have much property but have no heir except my only daughter May I give two thirds of my property in charity?"! He said, "No." I said, "Half of it?" He said, "No." I said "One third?" He said, "One third is too much, for to leave your heirs rich is better than to leave them poor, begging of others. Nothing you spend seeking Allah's pleasure but you shall get a reward for it, even for what you put in the mouth of your wife."

The Prophet came visiting me while I was (sick) in Mecca, ('Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, "May Allah bestow His Mercy on Ibn Afra (Sa`d bin Khaula)." I said, "O Allah's Apostle! May I will all my property (in charity)?" He said, "No." I said, "Then may I will half of it?" He said, "No". I said, "One third?" He said: "Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah's sake will be considered as a charitable deed even the handful of food you put in your wife's mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you." At that time Sa`d had only one daughter.

I fell ill, and I had seven sisters. The Messenger of Allah (saws) came to me and blew on my face. So I became conscious. I said: Messenger of Allah, may I not bequeath one-third of my property to my sisters? He replied: Do good. I asked: Half? He replied: Do good. He then went out and left me, and said: I do not think, Jabir, you will die of this disease. Allah has revealed (verses) and described the share of your sisters. He appointed two-thirds for them. Jabir used to say: This verse was revealed about me: "They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs.

The Messenger of Allah (saws) would give a third of the spoils after he would keep off the fifth.

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested ...

The Prophet visited me during Hajjat ul-Wada` while I was suffering from a disease which brought me to the verge of death. I said, "O Allah's Apostle! My ailment has reached such a (bad) state as you see, and I have much wealth, but I have no-one to inherit from me except my only daughter. Shall I give 2/3 of my property as alms (in charity)?" The Prophet said, "No," I said, "Shall I give half of my property as alms?" He said, "No." I said, "(Shall I give) 1/3 of it? " He replied, " 1/3, and even 1/3 is too much. It is better for you to leave your inheritors wealthy rather than to leave them poor, begging people (for their sustenance); and whatever you spend for Allah's Sake, you will get reward for it even for the morsel of food which you put in your wives mouth." I said, "O Allah's Apostle! Should I remain (in Mecca) behind my companions (who are going with you to Medina)?" The Prophet said, "If you remain behind, any good deed which you will do for Allah's Sake, will upgrade and elevate you. May be you will live longer so that some people may benefit by you and some other (i.e. infidels) may get harmed by you." The Prophet then added, "O Allah! Complete the Migration of my companions and do not turn them on their heels. But the poor Sa`d bin Khaula (not the above mentioned Sa`d) (died in Mecca) ." Allah's Apostle pitied Sa`d for he died in Mecca.

In the year of Hajjat-ul-Wada` the Prophet visited me when I fell ill and was about to die because of that illness. I said, "O Allah's Apostle! I am very ill as you see, and I am a rich man and have no heir except my only daughter. Shall I give 2/3 of my property in charity?" He said, "No." I said, "Shall I then give one half of it in charity?" He said, "O Sa`d! Give 1/3 (in charity) and even 1/3 is too much. No doubt, it is better to leave your children rich than to leave them poor, reduced to begging from others. And Allah will reward you for whatever you spend with the intention of gaining Allah's Pleasure even if it were a mouthful of food you put into your wives mouth." I said, "O Allah's Apostle! Am I to be left behind (in Mecca) after my companions have gone?" He said, "If you should be left behind, you will be upgraded and elevated for every deed you will do with a desire to achieve Allah's Pleasure. I hope that you will live long so that some people will benefit by you while others will be harmed. O Allah! Please fulfill the migration of my companions and do not make them turn back on their heels. But (we feel sorry for) the unlucky Sa`d bin Khaulah." Allah's Apostle lamented his death in Mecca.

that his father said, "In the year of Hajjatal-Wada`, the Prophet paid me a visit while I was suffering from an ailment that had brought me to the verge of death. I said, 'O Allah's Apostle! My sickness has reduced me to the (bad) state as you see, and I am a rich man, but have no heirs except one daughter. Shall I give 2/3 of my property in charity?' He said, 'No.' I said, 'Then 1/2 of it?' He said, 'Even 1/3 is too much, for, to leave your inheritors wealthy is better than to leave them in poverty, begging from people. And (know that) whatever you spend in Allah's Cause, you will get reward for it, even for the morsel of food which you put in your wife's mouth.' I said, 'O Allah's Apostle! Will I be left behind my companions (in Mecca)?' He said, 'If you remain behind, whatever good deed you will do for Allah's Sake, will raise and upgrade you to a higher position (in Allah's Sight). May be you will live longer so that some people may benefit by you, and some e others (pagans) may get harmed by you. O Allah! Complete the migration of my companions and do not turn them on their heels; But (we pity) the poor Sa`d bin Khaula (not the above mentioned Sa`d) (died in Mecca)" Allah's Apostle lamented (or pitied) for him as he died in Mecca. (See Hadith No. 693, Vol. 5)

That his father said, "In the year of the last Hajj of the Prophet I became seriously ill and the Prophet used to visit me inquiring about my health. I told him, 'I am reduced to this state because of illness and I am wealthy and have no inheritors except a daughter, (In this narration the name of 'Amir bin Sa`d is mentioned and in fact it is a mistake; the narrator is `Aisha bint Sa`d bin Abi Waqqas). Should I give two-thirds of my property in charity?' He said, 'No.' I asked, 'Half?' He said, 'No.' then he added, 'Onethird, and even one-third is much. You'd better leave your inheritors wealthy rather than leaving them poor, begging others. You will get a reward for whatever you spend for Allah's sake, even for what you put in your wife's mouth.' I said, 'O Allah's Apostle! Will I be left alone after my companions have gone?' He said, 'If you are left behind, whatever good deeds you will do will upgrade you and raise you high. And perhaps you will have a long life so that some people will be benefited by you while others will be harmed by you. O Allah! Complete the emigration of my companions and do not turn them renegades.' But Allah's Apostle felt sorry for poor Sa`d bin Khaula as he died in Mecca." (but Sa`d bin Abi Waqqas lived long after the Prophet (p.b.u.h).)

Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.

Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of ...

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, "The blood-money of a magian is eight hundred dirhams."

Malik said, "This is what is done in our community."

Malik said, "The blood-monies of the jew, christian, and magian in their injuries, is according to the injury of the muslims in their blood-moneys. The head wound is a twentieth of his full blood-money. The wound that opens the head is a third of his blood-money. The belly-wound is a third of his blood-money. All their injuries are according to this calculation."

The Prophet said to his companions, "Is it difficult for any of you to recite one third of the Qur'an in one night?" This suggestion was difficult for them so they said, "Who among us has the power to do so, O Allah's Apostle?" Allah Apostle replied: " Allah (the) One, the Self-Sufficient Master Whom all creatures need.' (Surat Al-Ikhlas 112.1--to the End) is equal to one third of the Qur'an."

Yahya related to me from Malik from Yahya ibn Said that he had heard that Muawiya ibn Abi Sufyan wrote to Zayd ibn Thabit asking him about the grandfather. Zayd ibn Thabit wrote to him, "You have written to me asking me about the grandfather. Allah knows best. That is part of what is only determined by the amirs, i.e. the khalifs. I was present with two khalifs before you who gave the grandfather a half with one sibling, and a third with two. If there were more siblings, they did not decrease his third."

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."

Abu Barza said, "The Prophet used to offer the Fajr (prayer) when one could recognize the person sitting by him (after the prayer) and he used to recite between 60 to 100 Ayat (verses) of the Qur'an. He used to offer the Zuhr prayer as soon as the sun declined (at noon) and the `Asr at a time when a man might go and return from the farthest place in Medina and find the sun still hot. (The sub-narrator forgot what was said about the Maghrib). He did not mind delaying the `Isha prayer to one third of the night or the middle of the night."

We went out with the Messenger of Allah (saws) from Mecca making for Medina. When we were near Azwara', he alighted, then raised his hands, and made supplication to Allah for a time, after which he prostrated himself, remaining a long time in prostration. Then he stood up and raised his hands for a time, after which he prostrated himself, remaining a long time in prostration.

He then stood up and raised his hands for a time, after which he prostrated himself. Ahmad mentioned it three times.

He then said: I begged my Lord and made intercession for my people, and He gave me a third of my people, so I prostrated myself in gratitude to my Lord. Then I raised my head and begged my Lord for my people, and He gave me a third of my people, so I prostrated myself in gratitude to my Lord. Then I raised my head and begged my Lord for my people and He gave me the remaining third, so I prostrated myself in gratitude to my Lord.

Abu Dawud said: When Ahmad b. Salih narrated this tradition to us, he omitted the name of Ash'ath b. Ishaq, but Musa b. Sahl al-Ramli narrated it to us through him.

Yahya related to me from Malik from Abu'r-Rijal, Muhammad ibn Abdar-Rahman ibn Haritha that his mother, Amra bint Abd ar-Rahman used to sell her fruit and keep some of it aside.

Malik said, "The generally agreed upon way of doing things among us is that when a man sells the fruit of his orchard, he can keep aside up to a third of the fruit, but that is not to be exceeded. There is no harm in what is less than a third."

Malik added that he thought there was no harm for a man to sell the fruit of his orchard and keep aside only the fruit of a certain palm-tree or palm-trees which he had chosen and whose number he had specified, because the owner was only keeping aside certain fruit of his own orchard and everything else he sold.

No doubt, (for some time) I stood for one-third of the Muslims.