I was with Ali (may Allah be pleased with him) when the Messenger of Allah (saws) appointed him to be the governor of the Yemen. I collected some ounces of gold during my stay with him.

When Ali returned from the Yemen to the Messenger of Allah (saws) he said: I found that Fatimah had put on coloured clothes and the smell of the perfume she had used was pervading the house. (He expressed his amazement at the use of coloured clothes and perfume.)

She said: What is wrong with you? The Messenger of Allah (saws) has ordered his companions to put off their ihram and they did so.

Ali said: I said to her: I raised my voice in talbiyah for which the Prophet (saws) raised his voice (i.e. I wore ihram for qiran). Then I came to the Prophet (saws).

He asked (me): How did you do? I replied: I raised my voice in talbiyah, for which the Prophet (saws) raised his voice. He said: I have brought the sacrificial animals with me and combined umrah and hajj. He said to me: Sacrifice sixty-seven or sixty-six camels (for me) and withhold for yourself thirty-three or thirty-four, and withhold a piece (of flesh) for me from every camel.

Anas said When the verse “You will never attain righteousness until you give freely of what you love" came down, Abu Talhah said Messenger of Allah (saws), I think our Lord asks us for our property. I call you as witness that I dedicate my land at Ariha ‘to Him’. The Messenger of Allah (saws) said to him Divide it among your nearest relatives. So he divided it among Hassan bin Thabit and Ubayy bin Ka’b.

Abu Dawud said I have been gold by an Ansari Muhammad bin ‘Abdallah that the name of Abu Talhah is Zaid bin Sahal bin al-Aswad bin Haram bin ‘Amar bin Zaid bin Manat bin ‘Adi bin ‘Amr bin Malik bin al-Najjar; and Hassan bin Tabit is son of al-Mundhir in al-Haram. Thus both of them (Abu Talhah and Hassan) have their common link in Haram who is the third great grandfather. Ubbay bin Ka’b is son of Qais bin ‘Atik bin Zaid bin Mu’awiyah bin ‘Amr bin Malik bin al-Najjar. Thus the common tie between Hassan, Abu Talhah and Ubbay is ‘Amr (bin Malik). The Ansari said between Ubbay and Abi Talhah there are six great grandfathers.

Ahmad b. Salih said from 'Amr from Tawus who heard Abu Hurairah.

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rak`at (prayer). They allowed him and he offered Two rak`at and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rak`at prayer (before being killed). Allah fulfilled the invocation of `Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that `Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) `Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over `Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

I heard Allah's Apostle saying, "Three men from among those who were before you, set out together till they reached a cave at night and entered it. A big rock rolled down the mountain and closed the mouth of the cave. They said (to each other), Nothing could save you from this rock but to invoke Allah by giving reference to the righteous deed which you have done (for Allah's sake only).' So, one of them said, 'O Allah! I had old parents and I never provided my family (wife, children etc.) with milk before them. One day, by chance I was delayed, and I came late (at night) while they had slept. I milked the sheep for them and took the milk to them, but I found them sleeping. I disliked to provide my family with the milk before them. I waited for them and the bowl of milk was in my hand and I kept on waiting for them to get up till the day dawned. Then they got up and drank the milk. O Allah! If I did that for Your Sake only, please relieve us from our critical situation caused by this rock.' So, the rock shifted a little but they could not get out." The Prophet added, "The second man said, 'O Allah! I had a cousin who was the dearest of all people to me and I wanted to have sexual relations with her but she refused. Later she had a hard time in a famine year and she came to me and I gave her one-hundred-and-twenty Dinars on the condition that she would not resist my desire, and she agreed. When I was about to fulfill my desire, she said: It is illegal for you to outrage my chastity except by legitimate marriage. So, I thought it a sin to have sexual intercourse with her and left her though she was the dearest of all the people to me, and also I left the gold I had given her. O Allah! If I did that for Your Sake only, please relieve us from the present calamity.' So, the rock shifted a little more but still they could not get out from there." The Prophet added, "Then the third man said, 'O Allah! I employed few laborers and I paid them their wages with the exception of one man who did not take his wages and went away. I invested his wages and I got much property thereby. (Then after some time) he came and said to me: O Allah's slave! Pay me my wages. I said to him: All the camels, cows, sheep and slaves you see, are yours. He said: O Allah's slave! Don't mock at me. I said: I am not mocking at you. So, he took all the herd and drove them away and left nothing. O Allah! If I did that for Your Sake only, please relieve us from the present suffering.' So, that rock shifted completely and they got out walking.

When Allah's Apostle set out (towards Mecca) during the year of the Conquest (of Mecca) and this news reached (the infidels of Quraish), Abu Sufyan, Hakim bin Hizam and Budail bin Warqa came out to gather information about Allah's Apostle , They proceeded on their way till they reached a place called Marr-az-Zahran (which is near Mecca). Behold! There they saw many fires as if they were the fires of `Arafat. Abu Sufyan said, "What is this? It looked like the fires of `Arafat." Budail bin Warqa' said, "Banu `Amr are less in number than that." Some of the guards of Allah's Apostle saw them and took them over, caught them and brought them to Allah's Apostle. Abu Sufyan embraced Islam. When the Prophet proceeded, he said to Al-Abbas, "Keep Abu Sufyan standing at the top of the mountain so that he would look at the Muslims. So Al-`Abbas kept him standing (at that place) and the tribes with the Prophet started passing in front of Abu Sufyan in military batches. A batch passed and Abu Sufyan said, "O `Abbas Who are these?" `Abbas said, "They are (Banu) Ghifar." Abu Sufyan said, I have got nothing to do with Ghifar." Then (a batch of the tribe of) Juhaina passed by and he said similarly as above. Then (a batch of the tribe of) Sa`d bin Huzaim passed by and he said similarly as above. then (Banu) Sulaim passed by and he said similarly as above. Then came a batch, the like of which Abu Sufyan had not seen. He said, "Who are these?" `Abbas said, "They are the Ansar headed by Sa`d bin Ubada, the one holding the flag." Sa`d bin Ubada said, "O Abu Sufyan! Today is the day of a great battle and today (what is prohibited in) the Ka`ba will be permissible." Abu Sufyan said., "O `Abbas! How excellent the day of destruction is! "Then came another batch (of warriors) which was the smallest of all the batches, and in it there was Allah's Apostle and his companions and the flag of the Prophet was carried by Az-Zubair bin Al Awwam. When Allah's Apostle passed by Abu Sufyan, the latter said, (to the Prophet), "Do you know what Sa`d bin 'Ubada said?" The Prophet said, "What did he say?" Abu Sufyan said, "He said so-and-so." The Prophet said, "Sa`d told a lie, but today Allah will give superiority to the Ka`ba and today the Ka`ba will be covered with a (cloth) covering." Allah's Apostle ordered that his flag be fixed at Al-Hajun. Narrated `Urwa: Nafi` bin Jubair bin Mut`im said, "I heard Al-Abbas saying to Az-Zubair bin Al- `Awwam, 'O Abu `Abdullah ! Did Allah's Apostle order you to fix the flag here?' " Allah's Apostle ordered Khalid bin Al-Walid to enter Mecca from its upper part from Ka'da while the Prophet himself entered from Kuda. Two men from the cavalry of Khalid bin Al-Wahd named Hubaish bin Al-Ash'ar and Kurz bin Jabir Al-Fihri were martyred on that day.

'I went and entered upon `Umar, his doorman, Yarfa came saying `Uthman, `Abdur-Rahman, Az- Zubair and Sa`d are asking your permission (to see you). May I admit them? `Umar said, 'Yes.' So he admitted them Then he came again and said, 'May I admit `Ali and `Abbas?' He said, 'Yes.' `Abbas said, 'O, chief of the believers! Judge between me and this man (Ali ). `Umar said, 'I beseech you by Allah by Whose permission both the heaven and the earth exist, do you know that Allah's Apostle said, 'Our (the Apostles') property will not be inherited, and whatever we leave (after our death) is to be spent in charity?' And by that Allah's Apostle meant himself.' The group said, '(No doubt), he said so.' `Umar then faced `Ali and `Abbas and said, 'Do you both know that Allah's Apostle said that?' They replied, '(No doubt), he said so.' `Umar said, 'So let me talk to you about this matter. Allah favored His Apostle with something of this Fai' (i.e. booty won by the Muslims at war without fighting) which He did not give to anybody else; Allah said:-- 'And what Allah gave to His Apostle ( Fai' Booty) .........to do all things....(59.6) And so that property was only for Allah's Apostle . Yet, by Allah, he neither gathered that property for himself nor withheld it from you, but he gave its income to you, and distributed it among you till there remained the present property out of which the Prophet used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's property is spent (i.e. in charity etc.). Allah's Apostle followed that throughout his life. Now I beseech you by Allah, do you know all that?' They said, 'Yes.' `Umar then said to `Ali and `Abbas, 'I beseech you by Allah, do you know that?' Both of them said, 'Yes.' `Umar added, 'And when the Prophet died, Abu Bakr said, ' I am the successor of Allah's Apostle, and took charge of that property and managed it in the same way as Allah's Apostle did. Then I took charge of this property for two years during which I managed it as Allah's Apostle and Abu Bakr did. Then you both (`Ali and `Abbas) came to talk to me, bearing the same claim and presenting the same case. (O `Abbas!) You came to me asking for your share from the property of your nephew, and this man (Ali) came to me, asking for the share of h is wife from the property of her father. I said, 'If you both wish, I will give that to you on that condition (i.e. that you would follow the way of the Prophet and Abu Bakr and as I (`Umar) have done in man aging it).' Now both of you seek of me a verdict other than that? Lo! By Allah, by Whose permission both the heaven and the earth exist, I will not give any verdict other than that till the Hour is established. If you are unable to manage it, then return it to me, and I will be sufficient to manage it on your behalf.' "

Malik said, "The sunna that we are all agreed upon here (in Madina) and which I have heard from the people of knowledge, is that there is no zakat on any kind of fresh (soft) fruit, whether it be pomegranates, peaches, figs or anything that is like them or not like them as long as it is fruit."

He continued, "No zakat has to be paid on animal fodder or herbs and vegetables of any kind, and there is no zakat to pay on the price realised on their sale until a year has elapsed over it from the day of sale which counts as the time the owner receives the sum."

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

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

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Yahya related to me from Malik that he had heard that the people of knowledge did not disapprove of people fasting using tooth-sticks at any hour of the day in Ramadan, whether at the beginning or the end, nor had he heard any of the people of knowledge disapproving of or forbidding the practice.

Yahya said that he heard Malik say, about fasting for six days after breaking the fast at the end of Ramadan, that he had never seen any of the people of knowledge and fiqh fasting them. He said, "I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it and they are afraid that it might become a bida and that common and ignorant people might join to Ramadan what does not belong to it, if they were to think that the people of knowledge had given permission for that to be done and were seen doing it.

Yahya said that he heard Malik say, "I have never heard any of the people of knowledge and fiqh and those whom people take as an example forbidding fasting on the day of jumua. Fasting on it is good, and I have seen one of the people of knowledge fasting it, and it seemed to me that he was keen to do so."

Sahl bin Sa’ad said “The version of Musaddad has “I witnessed the invoking of curses by the two spouses during the life time of the Apostle of Allaah(saws) when I was fifteen years old. When they finished invoking curses, the Apostle of Allaah(saws) separated them from each other. Here ends the version of Musaddad. Others said “He was present when the Prophet (saws) separated the spouses who invoked curses on each other. The man (Sahl) said “I shall have lied against her, Apostle of Allaah(saws) if I keep her.

Abu Dawud said “Some narrators did not mention the word ‘alaiha(against her).”

Abu Dawud said “No one supported Ibn ‘Uyainah that he separated the spouses who invoked curses.”

Yahya said that Malik said, "The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second timeand by that time all his camels have died except five, is that the zakat collector assesses from the five camels the two amounts of zakat that are due from the owner of the animals, which in this case is only two sheep, one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is (actually) assessed. His livestock may have died or it may have increased, and the zakat collector only assesses the zakat on what he (actually) finds on the day he makes the assessment. If more than one payment of zakat is due from the owner of the livestock, he still only has to pay zakat according to what the zakat collector (actually) finds in his possession, and if his livestock has died, or several payments of zakat are due from him and nothing is taken until all his livestock has died, or has been reduced to an amount below that on which he has to pay zakat, then he does not have to pay any zakat, and there is no liability (on him) for what has died or for the years that have passed.