Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid that Uthman ibn Affan used to say, "This is the month for you to pay your zakat. If you have any debts then pay them off so that you can sort out your wealth and take the zakat from it."

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

Yahya related to me from Malik from a reliable source from Sulayman ibn Yasar and from Busr ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, said, "On land that is watered by rain or springs or any natural means there is (zakat to pay of) a tenth. On irrigated land there is (zakat of) a twentieth (to pay)."

Maliksaid, "Payment of all types of kaffara, of zakat al-fitr and of the zakat on grains for which a tenth or a twentieth is due, is made using the smaller mudd, which is the mudd of the Prophet, may Allah bless him and grant him peace, except in the case of dhihar divorce, when the kaffara is paid using the mudd of Hisham, which is the larger mudd."

`Umar asked the people, "Who remembers the narration of the Prophet about the affliction?" Hudhaifa said, "I heard the Prophet saying, 'The affliction of a person in his property, family and neighbors is expiated by his prayers, fasting, and giving in charity." `Umar said, "I do not ask about that, but I ask about those afflictions which will spread like the waves of the sea." Hudhaifa replied, "There is a closed gate in front of those afflictions." `Umar asked, "Will that gate be opened or broken?" He replied, "It will be broken." `Umar said, "Then the gate will not be closed again till the Day of Resurrection." We said to Masruq, "Would you ask Hudhaifa whether `Umar knew what that gate symbolized?" He asked him and he replied "He (`Umar) knew it as one knows that there will be night before tomorrow, morning.

The Prophet said, "Who is ready to kill Ka`b bin Al-Ashraf who has really hurt Allah and His Apostle?" Muhammad bin Maslama said, "O Allah's Apostle! Do you like me to kill him?" He replied in the affirmative. So, Muhammad bin Maslama went to him (i.e. Ka`b) and said, "This person (i.e. the Prophet) has put us to task and asked us for charity." Ka`b replied, "By Allah, you will get tired of him." Muhammad said to him, "We have followed him, so we dislike to leave him till we see the end of his affair." Muhammad bin Maslama went on talking to him in this way till he got the chance to kill him.

While the Prophet was in a funeral procession. he picked up something and started scraping the ground with it, and said, "There is none among you but has his place written for him either in the Hell Fire or in Paradise." They said, "O Allah's Apostle! Shall we not depend upon what has been written for us and give up deeds? He said, "Carry on doing (good) deeds, for everybody will find easy to do such deeds as will lead him to his destined place for which he has been created. So he who is destined to be among the happy (in the Hereafter), will find it easy to do the deeds characteristic of such people, while he who is destined to be among the miserable ones, will find it easy to do the deeds characteristic of such people." Then he recited: 'As for him who gives (in charity) and fears Allah, and believes in the best....' (92.5-10)

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."

A man came to the Prophets and said, "I am ruined!" The Prophet said, "What is the matter with you?" He said, "I have done a sexual relation with my wife (while fasting) in Ramadan" The Prophet said to him, "Can you afford to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" He said, "No." The Prophet said, "Can you feed sixty poor persons?" He said, "I have nothing." Later on an Irq (big basket) containing dates was given to the Prophet, and the Prophet said (to him), "Take this basket and give it in charity." The man said, "To poorer people than we? Indeed, there is nobody between its (i.e., Medina's) two mountains who is poorer than we." The Prophet then said, "Take it and feed your family with it."

The Prophet (saws) said: Allah does not accept charity from goods acquired by embezzlement as He does not accept prayer without purification.

Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "

Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.

Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "

Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."

Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.

Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "

Malik said, "This is what I have heard about the matter."

I used to sit with Ibn 'Abbas and he made me sit on his sitting place. He requested me to stay with him in order that he might give me a share from his property. So I stayed with him for two months. Once he told (me) that when the delegation of the tribe of 'Abdul Qais came to the Prophet, the Prophet asked them, "Who are the people (i.e. you)? (Or) who are the delegate?" They replied, "We are from the tribe of Rabi'a." Then the Prophet said to them, "Welcome! O people (or O delegation of 'Abdul Qais)! Neither will you have disgrace nor will you regret." They said, "O Allah's Apostle! We cannot come to you except in the sacred month and there is the infidel tribe of Mudar intervening between you and us. So please order us to do something good (religious deeds) so that we may inform our people whom we have left behind (at home), and that we may enter Paradise (by acting on them)." Then they asked about drinks (what is legal and what is illegal). The Prophet ordered them to do four things and forbade them from four things. He ordered them to believe in Allah Alone and asked them, "Do you know what is meant by believing in Allah Alone?" They replied, "Allah and His Apostle know better." Thereupon the Prophet said, "It means:

1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle.

2. To offer prayers perfectly

3. To pay the Zakat (obligatory charity)

4. To observe fast during the month of Ramadan.

5. And to pay Al-Khumus (one fifth of the booty to be given in Allah's Cause).

Then he forbade them four things, namely, Hantam, Dubba,' Naqir Ann Muzaffat or Muqaiyar; (These were the names of pots in which Alcoholic drinks were prepared) (The Prophet mentioned the container of wine and he meant the wine itself). The Prophet further said (to them): "Memorize them (these instructions) and convey them to the people whom you have left behind."

Allah's Apostle distributed (Zakat) amongst (a group of) people while I was sitting there but Allah's Apostle left a man whom I thought the best of the lot. I asked, "O Allah's Apostle! Why have you left that person? By Allah I regard him as a faithful believer." The Prophet commented: "Or merely a Muslim." I remained quiet for a while, but could not help repeating my question because of what I knew about him. And then asked Allah's Apostle, "Why have you left so and so? By Allah! He is a faithful believer." The Prophet again said, "Or merely a Muslim." And I could not help repeating my question because of what I knew about him. Then the Prophet said, "O Sa'd! I give to a person while another is dearer to me, for fear that he might be thrown on his face in the Fire by Allah."

The Prophet said, "Allah will give shade, to seven, on the Day when there will be no shade but His. (These seven persons are) a just ruler, a youth who has been brought up in the worship of Allah (i.e. worships Allah sincerely from childhood), a man whose heart is attached to the mosques (i.e. to pray the compulsory prayers in the mosque in congregation), two persons who love each other only for Allah's sake and they meet and part in Allah's cause only, a man who refuses the call of a charming woman of noble birth for illicit intercourse with her and says: I am afraid of Allah, a man who gives charitable gifts so secretly that his left hand does not know what his right hand has given (i.e. nobody knows how much he has given in charity), and a person who remembers Allah in seclusion and his eyes are then flooded with tears."

A delegation of the tribe of `Abdul Qais came to the Prophet and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and the infidels of the tribe of Mudar stands between us and you; so we cannot come to you except during the Sacred Months. Please order us to do something (religious deeds) which we may carry out and also invite to it our people whom we have left behind." The Prophet said, "I order you to do four things and forbid you four others: (I order you) to have faith in Allah, and confess that none has the right to be worshipped but Allah, (and the Prophet gestured with his hand like this (i.e. one knot) and to offer prayers perfectly and to pay the Zakat, and to pay onefifth of the booty in Allah's Cause. And I forbid you to use Dubba', Hantam, Naqir and Muzaffat (all these are the names of utensils used for preparing alcoholic drinks)."

The delegates of `Abd-ul-Qais came to Allah's Apostle and said, "O Allah's Apostle! We are from the tribe of Rabi`a and the infidels of Mudar tribe stand between us and you, so that we cannot come to you except in the Sacred Months. Therefore we would like you to give us some instructions which we may follow and convey to our people staying behind us." The Prophet said, "I order you to observe four things and forbid you (to do) four things: (I order you) to believe in Allah testifying that None has the right to be worshipped except Allah; to offer the prayer perfectly; to pay the Zakat; and to give one-fifth of the war booty to Allah. And I forbid you to use Ad-Dubba, Al-Hantam, An-Naqir and Al- Muzaffat." (These are names of utensils in which alcoholic drinks were served.)

When it was the day of Al-Ahzab (i.e. the clans) and Allah's Apostle dug the trench, I saw him carrying earth out of the trench till dust made the skin of his `Abdomen out of my sight and he was a hairy man. I heard him reciting the poetic verses composed by Ibn Rawaha while he was carrying the earth, "O Allah! Without You we would not have been guided, nor would we have given in charity, nor would we have prayed. So, (O Allah), please send Sakina (i.e. calmness) upon us and make our feet firm if we meet the enemy, as they have rebelled against us. And if they intend affliction (i.e. want to frighten us, and fight against us) then we would not (flee but withstand them)." The Prophet would then prolong his voice at the last words.

The delegation of `Abdul Qais came to the Prophet and said, "O Allah's Apostle We belong to the tribe of Rabi`a. The infidels of Mudar tribe intervened between us and you so that we cannot come to you except in the Sacred Months, so please order us some things we may act on and invite those left behind to act on. The Prophet said, "I order you to observe four things and forbid you from four things: (I order you) to believe in Allah, i.e. to testify that None has the right to be worshipped except Allah." The Prophet pointed with finger indicating one and added, "To offer prayers perfectly: to give Zakat, and to give one-fifth of the booty you win (for Allah's Sake). I forbid you to use Ad-Dubba', An-Naquir, Al-Hantam and Al-Muzaffat, (Utensils used for preparing alcoholic liquors and drinks).

Three traditions have been established because of Barira: `Aisha intended to buy her and set her free, but Barira's masters said, "Her wala' will be for us." `Aisha mentioned that to Allah's Apostle who said, "You could accept their condition if you wished, for the wala is for the one who manumits the slave." Barira was manumitted, then she was given the choice either to stay with her husband or leave him; One day Allah's Apostle entered `Aisha's house while there was a cooking pot of food boiling on the fire. The Prophet asked for lunch, and he was presented with bread and some extra food from the home-made Udm (e.g. soup). He asked, "Don't I see meat (being cooked)?" They said, "Yes, O Allah's Apostle! But it is the meat that has been given to Barira in charity and she has given it to us as a present." He said, "For Barira it is alms, but for us it is a present."

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.

A man came to the Prophet and said, "I am ruined!" The Prophet said, "What is the matter with you?" He said, "I had sexual relation with my wife (while I was fasting) in Ramadan." The Prophet said, "Have you got enough to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" The man said, "No." The Prophet said, "Can you feed sixty poor persons?" The man said, "No." Then the Prophet said to him, "Sit down," and he sat down. Afterwards an 'Irq, i.e., a big basket containing dates was brought to the Prophet and the Prophet said to him, "Take this and give it in charity." The man said, "To poorer people than we?" On that, the Prophet smiled till his premolar teeth became visible, and then told him, "Feed your family with it." (See Hadith No. 157, Vol 3)

A man came to Allah's Apostle and said, "I am ruined!" The Prophet said to him, "What is the matter?" He said, "I have done a sexual relation with my wife (while fasting) in Ramadan." The Prophet said to him?" "Can you afford to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" He said, "No." The Prophet said, "Can you feed sixty poor persons?" He said, "No." Then an Ansari man came with an Irq (a big basket full of dates). The Prophet said (to the man), "Take this (basket) and give it in charity." That man said, "To poorer people than we, O Allah's Apostle? By Him Who has sent you with the Truth! There is no house in between the two mountains (of the city of Medina) poorer than we." So the Prophet said (to him), "Go and feed it to your family."

`Ata' told me that he had heard Jabir bin `Abdullah saying, "The Prophet stood up to offer the prayer of the `Id ul Fitr. He first offered the prayer and then delivered the Khutba. After finishing it he got down (from the pulpit) and went towards the women and advised them while he was leaning on Bilal's hand. Bilal was spreading out his garment where the women were putting their alms." I asked `Ata' whether it was the Zakat of `Id ul Fitr. He said, "No, it was just alms given at that time. Some lady put her finger ring and the others would do the same." I said, (to `Ata'), "Do you think that it is incumbent upon the Imam to give advice to the women (on `Id day)?" He said, "No doubt, it is incumbent upon the Imams to do so and why should they not do so?"

Tamim reported this tradition from the Prophet (saws) as (Hadith No 863). This version adds: Then zakat will be considered in a similar way. Then all the actions will be considered accordingly.

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "Two men from the Ashja tribe told me that Muhammad ibn Maslama al-Ansari used tocome to them to collect their zakat, and he would say to anyone who owned livestock, 'Select (the animal for) the zakat on your livestock and bring it to me,' and he would accept any sheep that was brought to him provided it met the requirements of what the man owed."

Malik said, "The sunna with us, and what I have seen the people of knowledge doing in our city, is that things are not made difficult for the muslims in their paying zakat, and whatever they offer of their livestock is accepted from them."