Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understood as trained dogs understood, there was no harm in eating what they had killed in the course of hunting, if the name of Allah had been mentioned when they were sent out.

Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the dog's fangs and then waiting until it dies, is that it is not halal to eat it."

Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either". He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."

Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills, if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it.

It is the same as a muslim using a magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim's bow and arrow to hunt game with, or like his using a muslim's knife to slaughter with. It is not halal to eat anything killed like that.

The Prophet used to say, "I seek refuge (with YOU) by Your 'Izzat, None has the right to be worshipped but You Who does not die while the Jinns and the human beings die."

Allah's Apostle said, "There will be none among you but his Lord will talk to him, and there will be no interpreter between him and Allah. He will look to his right and see nothing but his deeds which he has sent forward, and will look to his left and see nothing but his deeds which he has sent forward, and will look in front of him and see nothing but the (Hell) Fire facing him. So save yourself from the (Hell) Fire even with half a date (given in charity)." Al-A`mash said: `Amr bin Murra said, Khaithama narrated the same and added, '..even with a good word.' "

When the delegates of the tribe of Hawazin came to the Prophet they requested him to return their property and their captives. He said to them, "This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you." When the Prophet had returned from Ta'if, he waited for them for more than ten nights. When they came to know that the Prophet would not return except one of the two, they chose their captives. The Prophet then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, "Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first Fai (i.e. war booty) which Allah will give us, then he can do so." The people said, "We return (the captives) to them willingly as a favor, O Allah's Apostle!" The Prophet said, "I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me." The people went away, and their leaders discussed the matter with them, and then came to the Prophet to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, "This is what we know about the captives, of Hawazin.")

I complained to Allah's Apostle that I was sick. He told me to perform the Tawaf behind the people while riding. So I did so and Allah's Apostle was praying beside the Ka`ba and reciting the Sura starting with "Wat-tur wa kitabin mastur."

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "There is no harm in placing stakes on horses if a third horse enters it. The winner takes the stake, and there is no fine against the loser."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Abdullah ibn Abbas was asked about animals slaughtered by the

Christian Arabs. He said, "There is no harm in them," but he recited this ayat, "Whoever takes them as friends is from them." (Sura 5 ayat 54).

Yahya related to me from Malik that he heard Ibn Shihab say that he had heard one of the people of knowledge say that the Hijr was only enclosed so that people would go beyond it as they were making tawaf, and their tawaf would therefore encompass the original House.

We, i.e., some people from Basra gathered and went to Anas bin Malik, and we went in company with Thabit Al-Bunnani so that he might ask him about the Hadith of Intercession on our behalf. Behold, Anas was in his palace, and our arrival coincided with his Duha prayer. We asked permission to enter and he admitted us while he was sitting on his bed. We said to Thabit, "Do not ask him about anything else first but the Hadith of Intercession." He said, "O Abu Hamza! There are your brethren from Basra coming to ask you about the Hadith of Intercession." Anas then said, "Muhammad talked to us saying, 'On the Day of Resurrection the people will surge with each other like waves, and then they will come to Adam and say, 'Please intercede for us with your Lord.' He will say, 'I am not fit for that but you'd better go to Abraham as he is the Khalil of the Beneficent.' They will go to Abraham and he will say, 'I am not fit for that, but you'd better go to Moses as he is the one to whom Allah spoke directly.' So they will go to Moses and he will say, 'I am not fit for that, but you'd better go to Jesus as he is a soul created by Allah and His Word.' (Be: And it was) they will go to Jesus and he will say, 'I am not fit for that, but you'd better go to Muhammad.' They would come to me and I would say, 'I am for that.' Then I will ask for my Lord's permission, and it will be given, and then He will inspire me to praise Him with such praises as I do not know now. So I will praise Him with those praises and will fall down, prostrate before Him. Then it will be said, 'O Muhammad, raise your head and speak, for you will be listened to; and ask, for your will be granted (your request); and intercede, for your intercession will be accepted.' I will say, 'O Lord, my followers! My followers!' And then it will be said, 'Go and take out of Hell (Fire) all those who have faith in their hearts, equal to the weight of a barley grain.' I will go and do so and return to praise Him with the same praises, and fall down (prostrate) before Him. Then it will be said, 'O Muhammad, raise your head and speak, for you will be listened to, and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will say, 'O Lord, my followers! My followers!' It will be said, 'Go and take out of it all those who have faith in their hearts equal to the weight of a small ant or a mustard seed.' I will ...

Allah's Apostle said, "Whoever, after listening to the Adhan (for the prayer) says, 'O Allah, the Lord of this complete call and of this prayer, which is going to be established! Give Muhammad Al-Wasila and Al-Fadila and raise him to Al-Maqam-al-Mahmud which You have promised him,' will be granted my intercession for him on the Day of Resurrection."

Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (saws) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.

"The Messenger of Allah (saws) prohibited me from selling what was not with me."

[Abu 'Eisa said:] This Hadith is Hasan. He said: There is something on this topic from 'Abdullah bin 'Umar.

Ishaq bin Mansur said: "I said to Ahmad: 'What is the meaning of the prohibition from a loan along with a sale? He said: 'That he gives him a loan and then he makes a sale to him greater then it's actual worth. And, it carries the meaning of him loaning it to him in exchange for something (as collateral), so he says: 'If you are unable to pay it (the loan), the it (the collateral) will be a sale for you.' Ishaq [bin Rahuwyah] said as he said. And I said to Ahmad: 'What about selling what one does not possess?' He said: 'To me it does not apply except in cases of food - meaning one has not taken possession of it.' And Ishaq said the same for all of what is measured or weighed. Ahmad said: 'When he says: "I will sell you this garment, with the condition that I am the tailor for it, and I am the one who bleaches it.' This is an example of two conditions in one sale. But if he says: "I am selling it to you with the condition that I am its tailor," then there is no harm in it. And, if he said: "I am selling it to you with the condition that I am the one who bleaches it" then there is no harm in it, because this is only one condition.' And Ishaq said as he said."

One day while the Prophet was sitting in the company of some people, (The angel) Gabriel came and asked, "What is faith?" Allah's Apostle replied, 'Faith is to believe in Allah, His angels, (the) meeting with Him, His Apostles, and to believe in Resurrection." Then he further asked, "What is Islam?" Allah's Apostle replied, "To worship Allah Alone and none else, to offer prayers perfectly to pay the compulsory charity (Zakat) and to observe fasts during the month of Ramadan." Then he further asked, "What is Ihsan (perfection)?" Allah's Apostle replied, "To worship Allah as if you see Him, and if you cannot achieve this state of devotion then you must consider that He is looking at you." Then he further asked, "When will the Hour be established?" Allah's Apostle replied, "The answerer has no better knowledge than the questioner. But I will inform you about its portents.

1. When a slave (lady) gives birth to her master.

2. When the shepherds of black camels start boasting and competing with others in the construction of higher buildings. And the Hour is one of five things which nobody knows except Allah.

The Prophet then recited: "Verily, with Allah (Alone) is the knowledge of the Hour--." (31. 34) Then that man (Gabriel) left and the Prophet asked his companions to call him back, but they could not see him. Then the Prophet said, "That was Gabriel who came to teach the people their religion." Abu 'Abdullah said: He (the Prophet) considered all that as a part of faith.

I went to `Aisha and asked her to describe to me the illness of Allah's Apostle. `Aisha said, "Yes. The Prophet became seriously ill and asked whether the people had prayed. We replied, 'No. O Allah's Apostle! They are waiting for you.' He added, 'Put water for me in a trough." `Aisha added, "We did so. He took a bath and tried to get up but fainted. When he recovered, he again asked whether the people had prayed. We said, 'No, they are waiting for you. O Allah's Apostle,' He again said, 'Put water in a trough for me.' He sat down and took a bath and tried to get up but fainted again. Then he recovered and said, 'Have the people prayed?' We replied, 'No, they are waiting for you. O Allah's Apostle.' He said, 'Put water for me in the trough.' Then he sat down and washed himself and tried to get up but he fainted. When he recovered, he asked, 'Have the people prayed?' We said, 'No, they are waiting for you. O Allah's Apostle! The people were in the mosque waiting for the Prophet for the `Isha prayer. The Prophet sent for Abu Bakr to lead the people in the prayer. The messenger went to Abu Bakr and said, 'Allah's Apostle orders you to lead the people in the prayer.' Abu Bakr was a softhearted man, so he asked `Umar to lead the prayer but `Umar replied, 'You are more rightful.' So Abu Bakr led the prayer in those days. When the Prophet felt a bit better, he came out for the Zuhr prayer with the help of two persons one of whom was Al-`Abbas. while Abu Bakr was leading the people in the prayer. When Abu Bakr saw him he wanted to retreat but the Prophet beckoned him not to do so and asked them to make him sit beside Abu Bakr and they did so. Abu Bakr was following the Prophet (in the prayer) and the people were following Abu Bakr. The Prophet (prayed) sitting." 'Ubaidullah added "I went to `Abdullah bin `Abbas and asked him, Shall I tell you what Aisha has told me about the fatal illness of the Prophet?' Ibn `Abbas said, 'Go ahead. I told him her narration and he did not deny anything of it but asked whether `Aisha told me the name of the second person (who helped the Prophet ) along with Al-Abbas. I said. 'No.' He said, 'He was `Ali (Ibn Abi Talib).

The Prophet said, "Allah did not send any prophet but shepherded sheep." His companions asked him, "Did you do the same?" The Prophet replied, "Yes, I used to shepherd the sheep of the people of Mecca for some Qirats."

Aisha said, "Barira came to me and said, 'I have agreed with my masters to pay them nine Uqiyas (of gold) (in installments) one Uqiya per year; please help me.' I said, 'I am ready to pay the whole amount now provided your masters agree that your Wala' will be for me.' So, Barira went to her masters and told them about that offer but they refused to accept it. She returned, and at that time, Allah's Apostle was sitting (present). Barira said, 'I told them of the offer but they did not accept it and insisted on having the Wala'.' The Prophet heard that." `Aisha narrated the whole story to the Prophet. He said to her, "Buy her and stipulate that her Wala' would be yours as the Wala' is for the manumitter." `Aisha did so. Then Allah's Apostle stood up in front of the people, and after glorifying Allah he said, "Amma Ba`du (i.e. then after)! What about the people who impose conditions which are not in Allah's Book (Laws)? Any condition that is not in Allah's Book (Laws) is invalid even if they were one hundred conditions, for Allah's decisions are the right ones and His conditions are the strong ones (firmer) and the Wala' will be for the manumitter."

It was related by Muslim (also by al-Bukhari, at-Tirmidhi, and an-Nasa'i).

Abu Dawud said: Shu’bah transmitted from Salamah b. Kuhail, from Ibrahim b. Suwaid, saying: from the evil of old age. He did not mention the evil of disbelief.

(the freed slave of Al-Mughira bin Shu`ba) Muawiya wrote to Mughira. 'Write to me what you heard the Prophet saying after his prayer.' So Al-Mughira dictated to me and said, "I heard the Prophet saying after the prayer, 'None has the right to be worshipped but Allah Alone Who has no partner. O Allah! No-one can withhold what You give, and none can give what You withhold, and the fortune of a man of means is useless before You (i.e., only good deeds are of value).

I saw Allah's Apostle on the day (of the battle) of the Trench carrying earth till the hair of his chest were covered with dust and he was a hairy man. He was reciting the following verses of `Abdullah (bin Rawaha): "O Allah, were it not for You, We would not have been guided, Nor would we have given in charity, nor prayed. So, bestow on us calmness, and when we meet the enemy. Then make our feet firm, for indeed, Yet if they want to put us in affliction, (i.e. want to fight against us) we would not (flee but withstand them)." The Prophet used to raise his voice while reciting these verses. (See Hadith No. 432, Vol. 5).

(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Apostle in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."

So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house.

Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection ...

A man came to Allah's Apostle and said, "I am ruined." The Prophet asked, "What do you mean?" He said, "I had a sexual intercourse with my wife during Ramadan (while fasting)." The Prophet asked him, "Can you manumit a slave?" He replied in the negative. He then asked him, "Can you fast for two successive months continuously" He replied in the negative. The Prophet then asked him, "Can you feed sixty poor persons?" He replied in the negative. In the meantime an Ansari came with a basket full of dates. The Prophet said to the man, "Take it and give it in charity (as an expiation of your sin)." The man said "Should I give it to some people who are poorer than we O Allah's Apostle? By Him Who has sent you with the Truth, there is no family between Medina's two mountains poorer than we." Allah's Apostle told him to take it and provide his family with it."

I came to my family at night (after a journey) with my hands chapped and they perfumed me with saffron. In the morning I went to the Prophet (saws) and gave him a greeting, but he did not respond to me nor did he welcome me.

He said: Go away and wash this off yourself. I then went away and washed it off me. I came to him but there remained a spot of it on me. I give him a greeting, but he did not respond to me nor did he welcome me.

He said: Go away and wash it off yourself. I then went away and washed it off me. I then came and gave him a greeting.

He responded to me and welcomed me, saying: The angels do not attend the funeral of an unbeliever bringing good to it, nor a man who smears himself with saffron, nor a man who is sexually defiled. He said: He permitted the man who was sexually defiled to perform ablution when he slept, ate or drank.

I was with the Prophet (saws) when a man who was a murderer and had a strap round his neck was brought to him.

He then called the legal guardian of the victim and asked him: Do you forgive him?

He said: No. He asked: Will you accept the blood-money? He said: No. He asked: Will you kill him? He said: Yes. He said: Take him. When he turned his back, he said: Do you forgive him? He said: No. He said: Will you accept the blood-money? He said: No. He said: Will you kill him? He said: Yes. He said: Take him. After repeating all this a fourth time, he said: If you forgive him, he will bear the burden of his own sin and the sin of the victim. He then forgave him. He (the narrator) said: I saw him pulling the strap.

that she took to Allah's Apostle one of her sons whose palate and tonsils she had pressed to treat a throat trouble. The Prophet said, "Be afraid of Allah! Why do you pain your children by having their tonsils pressed like that? Use the Ud Al-Hindi (a certain Indian incense) for it cures seven diseases, one of which is pleurisy."

The Prophet said, "Allah puts an angel in charge of the uterus and the angel says, 'O Lord, (it is) semen! O Lord, (it is now ) a clot! O Lord, (it is now) a piece of flesh.' And then, if Allah wishes to complete its creation, the angel asks, 'O Lord, (will it be) a male or a female? A wretched (an evil doer) or a blessed (doer of good)? How much will his provisions be? What will his age be?' So all that is written while the creature is still in the mother's womb."

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, ...

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and ...

(wife of the Prophet) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad- Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu- Bakr continued worshipping his Lord in his house and did not pray or recite Qur'an aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Qur'an. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Qur'an in ...

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

I informed Allah's Apostle that I was sick. He said, "Perform Tawaf (of the Ka`ba) while riding behind the people." So, I performed the Tawaf while Allah's Apostle was offering the prayer beside the Ka`ba and was reciting Surat-at-Tur.