Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."

When the delegates of the tribe of Hawazin after embracing Islam, came to Allah's Apostle, he got up. They appealed to him to return their properties and their captives. Allah's Apostle said to them, "The most beloved statement to me is the true one. So, you have the option of restoring your properties or your captives, for I have delayed distributing them." The narrator added, Allah's Apostle c had been waiting for them for more than ten days on his return from Taif. When they realized that Allah's Apostle would return to them only one of two things, they said, "We choose our captives." So, Allah's Apostle got up in the gathering of the Muslims, praised Allah as He deserved, and said, "Then after! These brethren of yours have come to you with repentance and I see it proper to return their captives to them. 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 booty which Allah will give us then he can do so." The people replied, "We agree to give up our shares willingly as a favor for Allah's Apostle." Then Allah's Apostle said, "We don't know who amongst you has agreed and who hasn't. Go back and your chiefs may tell us your opinion." So, all of them returned and their chiefs discussed the matter with them and then they (i.e. their chiefs) came to Allah's Apostle to tell him that they (i.e. the people) had given up their shares gladly and willingly.

When the Hawazin delegation came to Allah's Apostle after they had embraced Islam and requested him to return their properties and war prisoners to them, Allah's Apostle said, "To me the best talk is the truest, so you may choose either of two things; the war prisoners or the wealth, for I have delayed their distribution." Allah's Apostle had waited for them for over ten days when he returned from Ta'if. So, when those people came to know that Allah's Apostle was not going to return to them except one of the two things the said, "We choose our war Prisoners 'Allah's Apostle stood up amongst the Muslims, and after glorifying Allah as He deserved, he said, "Now then, these brothers of yours have come to us with repentance, and I see it logical that I should return their captives to them, so whoever of you likes to do that as a favor then he can do it, and whoever amongst you likes to stick to his share, let him give up his prisoners and we will compensate him from the very first Fai' (i.e. war booty received without fight) which Allah will give us." On that, all the people said. 'O Allah's Apostles We have agreed willingly to do so (return the captives)" Then Allah's Apostle said to them "I do not know who amongst you has agreed to this and who has not. You should return and let your leaders inform me of your agreement." The people returned and their leaders spoke to them, and then came to Allah's Apostle and said, "All the people have agreed willingly to do so and have given the permission to return the war prisoners (without Compensation)" (Az-Zuhri, the sub-narrator states) This is what has been related to us about the captives of Hawazin.

Malik related to me that he had heard that Marwan ibn al-Hakam gave a decision about a slave who was injured that the person who injured him had to pay what he had diminished of the value of the slave.

Malik said, "What is done in our community is that for the head wound of a slave that bares the bone, there is a twentieth of his price. The head wound which splinters the bone is three twentieths of his price. Both the wound to the brain and the belly wound are a third of his price. Besides these four, any other types of injury that decrease the price of the slave are considered after the slave is better and well, and one sees what the value of the slave is after his injury and what his value whole was before he had the injury. Then the one who injured him pays the difference between the two values."

The people said, "O Allah's Apostle! The rich people have got the highest degrees of prestige and the permanent pleasures (in this life and the life to come in the Hereafter)." He said, "How is that?" They said, "The rich pray as we pray, and strive in Allah's Cause as we do, and spend from their surplus wealth in charity, while we have no wealth (to spend likewise)." He said, "Shall I not tell you a thing, by doing which, you will catch up with those who are ahead of you and supersede those who will come after you; and nobody will be able to do such a good deed as you do except the one who does the same (deed as you do). That deed is to recite 'Subhan Allah ten times, and 'Al-Hamduli l-lah ten times, and 'AllahuAkbar' ten times after every prayer."

That while he was included in a delegation of Quraish staying with Muawiya, Muawiya heard that `Abdullah bin `Amr had said that there would be a king from Qahtan tribe, whereupon he became very angry. He stood up, and after glorifying and praising Allah as He deserved, said, "To proceed, I have come to know that some of you men are narrating things which are neither in Allah's Book, nor has been mentioned by Allah's Apostle . Such people are the ignorant among you. Beware of such vain desires that mislead those who have them. I have heard Allah's Apostle saying, 'This matter (of the caliphate) will remain with the Quraish, and none will rebel against them, but Allah will throw him down on his face as long as they stick to the rules and regulations of the religion (Islam).'"

Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

The Prophet delivered the Khutba after offering the prayer on the Day of Nahr and said, "Whoever offers the prayer like us and slaughters like us then his Nusuk (sacrifice) will be accepted by Allah. And whoever slaughters his sacrifice before the `Id prayer then he has not done the sacrifice." Abi Burda bin Niyar, the uncle of Al-Bara' said, "O Allah's Apostle! I have slaughtered my sheep before the `Id prayer and I thought today as a day of eating and drinking (not alcoholic drinks), and I liked that my sheep should be the first to be slaughtered in my house. So slaughtered my sheep and took my food before coming for the prayer." The Prophet said, "The sheep which you have slaughtered is just mutton (not a Nusuk)." He (Abu Burda) said, "O Allah's Apostle! I have a young she-goat which is dearer to me than two sheep. Will that be sufficient as a Nusuk on my behalf? "The Prophet (p.b.u.h) said, "Yes, it will be sufficient for you but it will not be sufficient (as a Nusuk) for anyone else after you."

I heard Allah's Apostle saying, "Anybody who spends a pair of something in Allah's Cause will be called from all the gates of Paradise, "O Allah's slave! This is good.' He who is amongst those who pray will be called from the gate of the prayer (in Paradise) and he who is from the people of Jihad will be called from the gate of Jihad, and he who is from those' who give in charity (i.e. Zakat) will be called from the gate of charity, and he who is amongst those who observe fast will be called from the gate of fasting, the gate of Raiyan." Abu Bakr said, "He who is called from all those gates will need nothing," He added, "Will anyone be called from all those gates, O Allah's Apostle?" He said, "Yes, and I hope you will be among those, O Abu Bakr."

I spent a night with the Prophet (saws) to see how he prayed. He got up, performed ablution and prayed two rak'ahs. His standing was like his bowing (i.e. equal in duration), and his bowing was like his prostration (equal in length). Then he slept. Afterwards he awoke, performed ablution, and used tooth-stick. He then recited five verses from Surah Al-'Imran : "In the creation of the heavens and the earth and the alternation of night and day". He went on doing so till he prayed ten rak'ahs. He then stood up and prayed one rak'ah observing witr with it. In the meantime the mu'adhdhin called to prayer. The Messenger of Allah (saws) stood up after the mu'adhdhin had kept silent. He prayed two light rak'ahs and remained sitting till he offered the dawn prayer.

Abu Dawud said: A part of the tradition transmitted by Ibn Bashshar remained hidden from me.

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 ...

Abu `Abdur-Rahman and Hibban bin 'Atiyya had a dispute. Abu `Abdur-Rahman said to Hibban, "You know what made your companions (i.e. `Ali) dare to shed blood." Hibban said, "Come on! What is that?" `Abdur-Rahman said, "Something I heard him saying." The other said, "What was it?" `AbdurRahman said, "`Ali said, Allah's Apostle sent for me, Az-Zubair and Abu Marthad, and all of us were cavalry men, and said, 'Proceed to Raudat-Hajj (Abu Salama said that Abu 'Awana called it like this, i.e., Hajj where there is a woman carrying a letter from Hatib bin Abi Balta'a to the pagans (of Mecca). So bring that letter to me.' So we proceeded riding on our horses till we overtook her at the same place of which Allah's Apostle had told us. She was traveling on her camel. In that letter Hatib had written to the Meccans about the proposed attached of Allah's Apostle against them. We asked her, "Where is the letter which is with you?' She replied, 'I haven't got any letter.' So we made her camel kneel down and searched her luggage, but we did not find anything. My two companions said, 'We do not think that she has got a letter.' I said, 'We know that Allah's Apostle has not told a lie.'" Then `Ali took an oath saying, "By Him by Whom one should swear! You shall either bring out the letter or we shall strip off your clothes." She then stretched out her hand for her girdle (round her waist) and brought out the paper (letter). They took the letter to Allah's Apostle. `Umar said, "O Allah's Apostle! (Hatib) has betrayed Allah, His Apostle and the believers; let me chop off his neck!" Allah's Apostle said, "O Hatib! What obliged you to do what you have done?" Hatib replied, "O Allah's Apostle! Why (for what reason) should I not believe in Allah and His Apostle? But I intended to do the (Mecca) people a favor by virtue of which my family and property may be protected as there is none of your companions but has some of his people (relatives) whom Allah urges to protect his family and property." The Prophet said, "He has said the truth; therefore, do not say anything to him except good." `Umar again said, "O Allah's Apostle! He has betrayed Allah, His Apostle and the believers; let me chop his neck off!" The Prophet said, "Isn't he from those who fought the battle of Badr? And what do you know, Allah might have looked at them (Badr warriors) and said (to them), 'Do what you like, for I have granted you Paradise?' " On that, `Umar's eyes became ...

From his father who said: "When the Messenger of Allah (sawS) sent a commander of an army, he would exhort him concerning himself to have Taqwa of Allah, and he would exhort him to be good to those who are with him among the Muslims. He would say: 'Fight in the Name of Allah, in the cause of Allah. Fight those who disbelieve in Allah, and do not steal from the spoils of war or be treacherous, nor mutilate, and do not kill a child. When you meet your enemy among the idolaters, then call them to one of the three options or choices, whichever of them they respond to then accept it from them, and refrain from them. Call them to Islam, and to relocate from their land to the land of Emigrants. Inform them that if they do that, then they will have similar to what those who emigrated have, and from them will be required similar to what is required from those who have emigrated. And if they refuse to relocate, then inform them that they will be like the Bedouins among the Muslim, and they will be treated the same as Bedouins are treated. There is no war spoils or Fay' for them, unless they fight along with the Muslims. If they refuse then seek aid from Allah against them and fight them. And if you lay siege to a fortress and they want you to grant them covenant from Allah and a covenant of His Prophet, then do not grant them the covenant of Allah nor the covenant of His Prophet. Rather grant them your own covenant and the covenant of your companions, it will be better than breaking Allah's covenant and the covenant of His Messenger. And if you lay siege to the people of a fortress and they want you to lift the siege for negotiating upon the judgement of Allah, then do not stop, but rather make them surrender to your judgement, for you do not know if you will come upon the judgement of Allah regarding them or not.' Or similar to that."

[Abu 'Eisa said:] There is something on this topic from An-Nu'man bin Muqarrin, and the Hadith of Buraidah is a Hasan Sahih Hadith

We faced the pagans on that day (of the battle of Uhud) and the Prophet placed a batch of archers (at a special place) and appointed `Abdullah (bin Jubair) as their commander and said, "Do not leave this place; if you should see us conquering the enemy, do not leave this place, and if you should see them conquering us, do not (come to) help us," So, when we faced the enemy, they took to their heels till I saw their women running towards the mountain, lifting up their clothes from their legs, revealing their leg-bangles. The Muslims started saying, "The booty, the booty!" `Abdullah bin Jubair said, "The Prophet had taken a firm promise from me not to leave this place." But his companions refused (to stay). So when they refused (to stay there), (Allah) confused them so that they could not know where to go, and they suffered seventy casualties. Abu Sufyan ascended a high place and said, "Is Muhammad present amongst the people?" The Prophet said, "Do not answer him." Abu Sufyan said, "Is the son of Abu Quhafa present among the people?" The Prophet said, "Do not answer him." `Abu Sufyan said, "Is the son of Al-Khattab amongst the people?" He then added, "All these people have been killed, for, were they alive, they would have replied." On that, `Umar could not help saying, "You are a liar, O enemy of Allah! Allah has kept what will make you unhappy." Abu Sufyan said, "Superior may be Hubal!" On that the Prophet said (to his companions), "Reply to him." They asked, "What may we say?" He said, "Say: Allah is More Elevated and More Majestic!" Abu Sufyan said, "We have (the idol) Al-`Uzza, whereas you have no `Uzza!" The Prophet said (to his companions), "Reply to him." They said, "What may we say?" The Prophet said, "Say: Allah is our Helper and you have no helper." Abu Sufyan said, "(This) day compensates for our loss at Badr and (in) the battle (the victory) is always undecided and shared in turns by the belligerents. You will see some of your dead men mutilated, but neither did I urge this action, nor am I sorry for it." Narrated Jabir: Some people took wine in the morning of the day of Uhud and were then killed as martyrs.

When the delegate of Hawazin came to Allah's Apostle declaring their conversion to Islam and asked him to return their properties and captives, Allah's Apostle got up and said to them, "There Is involved in this matter, the people whom you see with me, and the most beloved talk to me, is the true one. So choose one of two alternatives: Either the captives or the properties. I have been waiting for you (i.e. have not distributed the booty)." Allah's Apostle had delayed the distribution of their booty over ten nights after his return from Ta'if. So when they came to know that Allah's Apostle was not going to return to them but one of the two, they said, "We prefer to have our captives." So Allah's Apostle got up amongst the Muslims, and praising Allah as He deserved, said, "To proceed! Your brothers have come to you with repentance and I see (it logical) to return their captives. So, whoever of you likes to do that as a favor then he can do it. And whoever of you likes to stick to his share till we give him from the very first booty which Allah will give us, then he can do so." The people said, "We do that (i.e. return the captives) willingly as a favor, 'O Allah's Apostle!" Allah's Apostle said, "We do not know which of you have agreed to it and which have not; so go back and let your chiefs forward us your decision." They went back and their chief's spoke to them, and they (i.e. the chiefs) returned to Allah's Apostle and informed him that all of them had agreed (to give up their captives) with pleasure, and had given their permission (i.e. that the captives be returned to their people). (The sub-narrator said, "That is what has reached me about the captives of Hawazin tribe.")

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

A group of the companions of Allah's Apostle proceeded on a journey till they dismounted near one of the Arab tribes and requested them to entertain them as their guests, but they (the tribe people) refused to entertain them. Then the chief of that tribe was bitten by a snake (or stung by a scorpion) and he was given all sorts of treatment, but all in vain. Some of them said, "Will you go to the group (those travelers) who have dismounted near you and see if one of them has something useful?" They came to them and said, "O the group! Our leader has been bitten by a snake (or stung by a scorpion) and we have treated him with everything but nothing benefited him Has anyone of you anything useful?" One of them replied, "Yes, by Allah, I know how to treat with a Ruqya. But. by Allah, we wanted you to receive us as your guests but you refused. I will not treat your patient with a Ruqya till you fix for us something as wages." Consequently they agreed to give those travellers a flock of sheep. The man went with them (the people of the tribe) and started spitting (on the bite) and reciting Surat-al-Fatiha till the patient was healed and started walking as if he had not been sick. When the tribe people paid them their wages they had agreed upon, some of them (the Prophet's companions) said, "Distribute (the sheep)." But the one who treated with the Ruqya said, "Do not do that till we go to Allah's Apostle and mention to him what has happened, and see what he will order us." So they came to Allah's Apostle and mentioned the story to him and he said, "How do you know that Surat-al-Fatiha is a Ruqya? You have done the right thing. Divide (what you have got) and assign for me a share with you."

Magic was worked on Allah's Apostle so that he used to think that he had sexual relations with his wives while he actually had not (Sufyan said: That is the hardest kind of magic as it has such an effect). Then one day he said, "O `Aisha do you know that Allah has instructed me concerning the matter I asked Him about? Two men came to me and one of them sat near my head and the other sat near my feet. The one near my head asked the other. What is wrong with this man?' The latter replied the is under the effect of magic The first one asked, Who has worked magic on him?' The other replied Labid bin Al-A'sam, a man from Bani Zuraiq who was an ally of the Jews and was a hypocrite.' The first one asked, What material did he use)?' The other replied, 'A comb and the hair stuck to it.' The first one asked, 'Where (is that)?' The other replied. 'In a skin of pollen of a male date palm tree kept under a stone in the well of Dharwan' '' So the Prophet went to that well and took out those things and said "That was the well which was shown to me (in a dream) Its water looked like the infusion of Henna leaves and its date-palm trees looked like the heads of devils." The Prophet added, "Then that thing was taken out' I said (to the Prophet ) "Why do you not treat yourself with Nashra?" He said, "Allah has cured me; I dislike to let evil spread among my people."

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

When the people of Khaibar dislocated `Abdullah bin `Umar's hands and feet, `Umar got up delivering a sermon saying, "No doubt, Allah's Apostle made a contract with the Jews concerning their properties, and said to them, 'We allow you (to stand in your land) as long as Allah allows you.' Now `Abdullah bin `Umar went to his land and was attacked at night, and his hands and feet were dislocated, and as we have no enemies there except those Jews, they are our enemies and the only people whom we suspect, I have made up my mind to exile them." When `Umar decided to carry out his decision, a son of Abu Al-Haqiq's came and addressed `Umar, "O chief of the believers, will you exile us although Muhammad allowed us to stay at our places, and made a contract with us about our properties, and accepted the condition of our residence in our land?" `Umar said, "Do you think that I have forgotten the statement of Allah's Apostle, i.e.: What will your condition be when you are expelled from Khaibar and your camel will be carrying you night after night?" The Jew replied, "That was joke from Abul-Qasim." `Umar said, "O the enemy of Allah! You are telling a lie." `Umar then drove them out and paid them the price of their properties in the form of fruits, money, camel saddles and ropes, etc."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, ...

While we were in a funeral procession in Baqi Al-Gharqad, Allah's Apostle came and sat down, and we sat around him. He had a small stick in his hand and he bent his head and started scraping the ground with it. He then said, "There is none among you, and no created soul but has his place written for him either in Paradise or in the Hell-Fire, and also has his happy or miserable fate (in the Hereafter) written for him." A man said, "O Allah's Apostle! Shall we depend upon what is written for us and give up doing (good) deeds? For whoever among us is destined to be fortunate (in the Hereafter), will join the fortunate peoples and whoever among us is destined to be miserable will do such deeds as are characteristic of the people who are destined to misery." The Prophet said, "Those who are destined to be happy (in the Hereafter) will find it easy and pleasant to do the deeds characteristic of those destined to happiness, while those who are to be among the miserable (in the Hereafter), will find it easy to do the deeds characteristic of those destined to misery." Then he recited: 'As for him who gives (in charity) and keeps his duty to Allah and believes in the Best reward from Allah,' (92.5-6)

While I was present in one of the gatherings of the Ansar, Abu Musa came as if he was scared, and said, "I asked permission to enter upon `Umar three times, but I was not given the permission, so I returned." (When `Umar came to know about it) he said to Abu Musa, "Why did you not enter?'. Abu Musa replied, "I asked permission three times, and I was not given it, so I returned, for Allah's Apostle said, "If anyone of you asks the permission to enter thrice, and the permission is not given, then he should return.' " `Umar said, "By Allah! We will ask Abu Musa to bring witnesses for it." (Abu Musa went to a gathering of the Ansar and said). "Did anyone of you hear this from the Prophet ?" Ubai bin Ka`b said, "By Allah, none will go with you but the youngest of the people (as a witness)." (Abu Sa`id) was the youngest of them, so I went with Abu Musa and informed `Umar that the Prophet had said so. (See Hadith No. 277, Vol. 3)

`Ali addressed us while he was standing on a brick pulpit and carrying a sword from which was hanging a scroll He said "By Allah, we have no book to read except Allah's Book and whatever is on this scroll," And then he unrolled it, and behold, in it was written what sort of camels were to be given as blood money, and there was also written in it: 'Medina is a sanctuary form 'Air (mountain) to such and such place so whoever innovates in it an heresy or commits a sin therein, he will incur the curse of Allah, the angels, and all the people and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'The asylum (pledge of protection) granted by any Muslims is one and the same, (even a Muslim of the lowest status is to be secured and respected by all the other Muslims, and whoever betrays a Muslim in this respect (by violating the pledge) will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'Whoever (freed slave) befriends (takes as masters) other than his real masters (manumitters) without their permission will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds. ' (See Hadith No. 94, Vol. 3)

Ibn `Umar intended to perform Hajj in the year of the Hajj of Al-Harawriya during the rule of Ibn Az- Zubair. Some people said to him, "It is very likely that there will be a fight among the people, and we are afraid that they might prevent you (from performing Hajj)." He replied, "Verily, in Allah's Apostle there is a good example for you (to follow). In this case I would do the same as he had done. I make you witness that I have intended to perform `Umra." When he reached Al-Baida', he said, "The conditions for both Hajj and `Umra are the same. I make you witness that I have intended to perform Hajj along with `Umra." After that he took a garlanded Hadi (to Mecca) which he bought (on the way). When he reached (Mecca), he performed Tawaf of the Ka`ba and of Safa (and Marwa) and did not do more than that. He did not make legal for himself the things which were illegal for a Muhrim till it was the Day of Nahr (sacrifice), when he had his head shaved and slaughtered (the sacrifice) and considered sufficient his first Tawaf (between Safa and Marwa), as a (Sa`i) for his Hajj and `Umra both. He then said, "The Prophet used to do like that."

Allah's Apostle said, "Whoever gives two kinds (of things or property) in charity for Allah's Cause, will be called from the gates of Paradise and will be addressed, 'O slaves of Allah! Here is prosperity.' So, whoever was amongst the people who used to offer their prayers, will be called from the gate of the prayer; and whoever was amongst the people who used to participate in Jihad, will be called from the gate of Jihad; and whoever was amongst those who used to observe fasts, will be called from the gate of Ar-Raiyan; whoever was amongst those who used to give in charity, will be called from the gate of charity." Abu Bakr said, "Let my parents be sacrificed for you, O Allah's Apostle! No distress or need will befall him who will be called from those gates. Will there be any one who will be called from all these gates?" The Prophet replied, "Yes, and I hope you will be one of them."

Rarely did the Prophet fail to visit Abu Bakr's house everyday, either in the morning or in the evening. When the permission for migration to Medina was granted, all of a sudden the Prophet came to us at noon and Abu Bakr was informed, who said, "Certainly the Prophet has come for some urgent matter." The Prophet said to Abu Bark, when the latter entered "Let nobody stay in your home." Abu Bakr said, "O Allah's Apostle! There are only my two daughters (namely `Aisha and Asma') present." The Prophet said, "I feel (am informed) that I have been granted the permission for migration." Abu Bakr said, "I will accompany you, O Allah's Apostle!" The Prophet said, "You will accompany me." Abu Bakr then said "O Allah's Apostle! I have two she-camels I have prepared specially for migration, so I offer you one of them. The Prophet said, "I have accepted it on the condition that I will pay its price."

`Umar said, "I agreed with Allah in three things," or said, "My Lord agreed with me in three things. I said, 'O Allah's Apostle! Would that you took the station of Abraham as a place of prayer.' I also said, 'O Allah's Apostle! Good and bad persons visit you! Would that you ordered the Mothers of the believers to cover themselves with veils.' So the Divine Verses of Al-Hijab (i.e. veiling of the women) were revealed. I came to know that the Prophet had blamed some of his wives so I entered upon them and said, 'You should either stop (troubling the Prophet ) or else Allah will give His Apostle better wives than you.' When I came to one of his wives, she said to me, 'O `Umar! Does Allah's Apostle haven't what he could advise his wives with, that you try to advise them?' " Thereupon Allah revealed:-- "It may be, if he divorced you (all) his Lord will give him instead of you, wives better than you Muslims (who submit to Allah).." (66.5)

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).