Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said, "The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas`ud, he will tell you the same." Ibn Mas`ud was asked and was told of Abu Musa's verdict. Ibn Mas`ud then said, "If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in this case, will be the same as the Prophet did, i.e. one-half is for daughter, and one-sixth for the son's daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister." Afterwards we cams to Abu Musa and informed him of Ibn Mas`ud's verdict, whereupon he said, "So, do not ask me for verdicts, as long as this learned man is among you."

A man came to the Prophet in the mosque and said, "I am burnt (ruined)!" The Prophet asked him, "With what (what have you done)?" He said, "I have had sexual relation with my wife in the month of Ramadan (while fasting)." The Prophet said to him, "Give in charity." He said, "I have nothing." The man sat down, and in the meantime there came a person driving a donkey carrying food to the Prophet ..... (The sub-narrator, 'Abdur Rahman added: I do not know what kind of food it was). On that the Prophet said, "Where is the burnt person?" The man said, "Here I am." The Prophet said to him, "Take this (food) and give it in charity (to someone)." The man said, "To a poorer person than l? My family has nothing to eat." Then the Prophet said to him, "Then eat it yourselves."

Allah's Apostle forbade Al-Wisal (fasting continuously for more than one day without taking any meals). A man from the Muslims said, "But you do Al-Wisal, O Allah's Apostle!" Allah's Apostle I said, "Who among you is similar to me? I sleep and my Lord makes me eat and drink." When the people refused to give up Al-Wisal, the Prophet fasted along with them for one day, and did not break his fast but continued his fast for another day, and when they saw the crescent, the Prophet said, "If the crescent had not appeared, I would have made you continue your fast (for a third day)," as if he wanted to punish them for they had refused to give up Al-Wisal.

[Muslim].

The Prophet said, "If somebody on the demand of a judge takes an oath to grab (a Muslim's) property and he is liar in it, he will meet Allah Who will be angry with him". So Allah revealed,:-- 'Verily! those who purchase a small gain at the cost of Allah's Covenant and their oaths..' (3.77) 'Al- Ashath came while `Abdullah was narrating (this) to the people. Al-Ashath said, "This verse was revealed regarding me and another man with whom I had a quarrel about a well. The Prophet said (to me), "Do you have any evidence?' I replied, 'No.' He said, 'Let your opponent take an oath.' I said: I am sure he would take a (false) oath." Thereupon it was revealed: 'Verily! those who purchase a small gain at the cost of Allah's Covenant....' (3.77) (See Hadith No. 72, Vol 6).

Allah's Apostle said to us while we were in a gathering, "Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)

`Umar bin Al-Khattab asked (the people) about the Imlas of a woman, i.e., a woman who has an abortion because of having been beaten on her `Abdomen, saying, "Who among you has heard anything about it from the Prophet?" I said, "I did.'' He said, "What is that?" I said, "I heard the Prophet saying, "Its Diya (blood money) is either a male or a female slave.' " `Umar said, "Do not leave till you present witness in support of your statement." So I went out, and found Muhammad bin Maslama. I brought him, and he bore witness with me that he had heard the Prophet saying, "Its Diya (blood money) is either a male slave or a female slave."

"A man from the Muslims and a man from the Jews quarrelled, and the Muslim said, "By Him Who gave superiority to Muhammad over all the people!" The Jew said, "By Him Who gave superiority to Moses over all the people!' On that the Muslim lifted his hand and slapped the Jew. The Jew went to Allah's Apostle and informed him of all that had happened between him and the Muslim. The Prophet said, "Do not give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection, I will be the first to regain consciousness and behold, Moses will be standing there, holding the side of the Throne. I will not know whether he has been one of those who have fallen unconscious and then regained consciousness before me, or if he has been one of those exempted by Allah (from falling unconscious)." (See Hadith No. 524, Vol. 8)

The Prophet met Zaid bin 'Amr bin Nufail in the bottom of (the valley of) Baldah before any Divine Inspiration came to the Prophet. A meal was presented to the Prophet but he refused to eat from it. (Then it was presented to Zaid) who said, "I do not eat anything which you slaughter in the name of your stone idols. I eat none but those things on which Allah's Name has been mentioned at the time of slaughtering." Zaid bin 'Amr used to criticize the way Quraish used to slaughter their animals, and used to say, "Allah has created the sheep and He has sent the water for it from the sky, and He has grown the grass for it from the earth; yet you slaughter it in other than the Name of Allah. He used to say so, for he rejected that practice and considered it as something abominable.

26 Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd alMalik, from Ubada ibn Nusayy from Qays ibn al Harith that Abu Abdullah as-Sunabihi said, "I arrived in Madina in the khalifate of Abu Bakr as-Siddiq, and I prayed maghrib behind him. He recited the umm al Qur'an and two suras from the shorter ones of the mufassal in the first two rakas. Then he stood up in the third and I drew so near to him that my clothes were almost touching his clothes. I heard him reciting the umm al-Qur'an and this ayat, 'Our Lord, do not make our hearts go astray after You have guided us, and give us mercy from Your presence. Surely You are the Giver. ' " (Sura 3 ayat 8)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, when asked about the fear prayer said, "The imam and a group of people go forward and the imam prays a raka with them, while another group, who have not yet prayed, position themselves between him and the enemy. When those who are with him have prayed a raka they draw back to where those who have not prayed are, and do not say the taslim. Then those who have not prayed come forward and pray a raka with him. Then the imam leaves, as he has now prayed two rakas. Everyone else in the two groups stands and prays a raka by himself after the imam has left. In this way each of the two groups will have prayed two rakas. If the fear is greater than that, then the men pray standing on their feet or mounted, either facing the qibla or otherwise."

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man said to his family that he had never done a good action, and that when he died they were to burn him and then scatter half of him on the land and half of him on the sea, and by Allah, if Allah destined it for him He would punish him with a punishment which He had not punished anyone else with in all the worlds. When the man died, they did as he had told them. Then Allah told the land to collect everything that was in it, and told the sea to collect everything that was in it, and then He said to the man, 'Why did you do this?' and he said, 'From fear of You, Lord, and You know best.' "

Abu Hurayra added, "And He forgave him."

27 Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, if he was travelling in Ramadan and knew that he would reach Madina at the begining of the day ,would do so fasting.

Yahya said that Malik said, "Someone who is travelling and knows that he will be reaching his people in the first part of the day, and then dawn breaks before he gets there, should be fasting when he gets there."

Malik said, "Someone who intends to go away (on a journey) in Ramadan, and then dawn breaks while he is still on his land before he has left, should fast that day."

Malik said that a man who returns from a journey in Ramadan and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.

Yahya related to me from Malik from Ibn Shihab from Hunayd ibn Abd arRahman ibn Awf from Abu Hurayra that a man broke the fast in Ramadan and the Messenger of Allah, may Allah bless him and grant him peace, ordered him to make kaffara by freeing a slave, or fasting two consecutive months, or feeding sixty poor people, and he said, "I can't do it." Someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Take this and give it away as sadaqa." He said, "Messenger of Allah, there is no-ne more needy than I am." The Messenger of Allah, may Allah bless him and grant him peace, laughed until his eye-teeth appeared, and then he said, "Eat them."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

Yahya related to me from Malik from Umara ibn Yasar that Ata ibn Yasar told him that Abu Ayyub al-Ansari had told him, "We used to sacrifice one sheep, and a man sacrificed for himself and his family. Then later on people began to compete with each other and it became boasting."

Malik said, "The best that I have heard about a single camel, cow or sheep, is that a man should sacrifice a camel for himself and his family. He sacrifices a cow or sheep which he owns for his family, and shares with them in it. It is disapproved for a group of people to buy a camel, cow or sheep, to share for the ritual and sacrifices, each man giving a share of its price, and taking a share of its meat. We have heard the tradition that people do not share in the ritual. However, it may be that the people of one household can share."

Allah's Apostle said, "While a man was going on a way, he saw a thorny branch and removed it from the way and Allah became pleased by his action and forgave him for that." Then the Prophet said, "Five are martyrs: One who dies of plague, one who dies of an Abdominal disease, one who dies of drowning, one who is buried alive (and) dies and one who is killed in Allah's cause." (The Prophet further said, "If the people knew the reward for pronouncing the Adhan and for standing in the first row (in the congregational prayer) and found no other way to get it except by drawing lots they would do so, and if they knew the reward of offering the Zuhr prayer early (in its stated time), they would race for it and if they knew the reward for `Isha' and Fajr prayers in congregation, they would attend them even if they were to crawl.

Allah's Apostle (p.b.u.h) fell down from a horse and his right side was either injured or scratched, so we went to inquire about his health. The time for the prayer became due and he offered the prayer while sitting and we prayed while standing. He said, "The Imam is to be followed; so if he says Takbir, you should also say Takbir, and if he bows you should also bow; and when he lifts his head you should also do the same and if he says: Sami`a l-lahu liman hamidah (Allah hears whoever sends his praises to Him) you should say: Rabbana walakal-Hamd (O our Lord! All the praises are for You.") (See Hadith No. 656 Vol. 1).

(the wife of the Prophet) that Allah's Apostle said to her, "Do you know that when your people (Quraish) rebuilt the Ka`ba, they decreased it from its original foundation laid by Abraham?" I said, "O Allah's Apostle! Why don't you rebuild it on its original foundation laid by Abraham?" He replied, "Were it not for the fact that your people are close to the Pre-Islamic Period of ignorance (i.e. they have recently become Muslims) I would have done so." The sub-narrator, `Abdullah (bin `Umar ) stated: `Aisha 'must have heard this from Allah's Apostle for in my opinion Allah's Apostle had not placed his hand over the two corners of the Ka`ba opposite Al-Hijr only because the Ka`ba was not rebuilt on its original foundations laid by Abraham.

When `Abdullah bin `Umar set out for Mecca with the intentions performing `Umra in the period of afflictions, he said, "If I should be prevented from reaching the Ka`ba, then I would do the same as we did while in the company of Allah's Apostle ." So, he assumed the Ihram for `Umra since the Prophet had assumed the Ihram for `Umra in the year of Al-Hudaibiya. Then `Abdullah bin `Umar thought about it and said, "The conditions for both Hajj and `Umra are similar." He then turned towards his companions and said, "The conditions of both Hajj and `Umra are similar and I make you witnesses that I have made the performance of Hajj obligatory for myself along with `Umra." He then performed one Tawaf (between As-Safa and Al-Marwa) for both of them (i.e. Hajj and (`Umra) and considered that to be sufficient for him and offered a Hadi.

`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.

Allah's Apostle mentioned that he would practice I`tikaf in the last ten days of Ramadan. `Aisha asked his permission to perform I`tikaf and he permitted her. Hafsa asked `Aisha to take his permission for her, and she did so. When Zainab bint Jahsh saw that, she ordered a tent to be pitched for her and it was pitched for her. Allah's Apostle used to proceed to his tent after the prayer. So, he saw the tents ans asked, "What is this?" He was told that those were the tents of Aisha, Hafsa, and Zainab. Allah's Apostle said, "Is it righteousness which they intended by doing so? I am not going to perform I`tikaf." So he returned home. When the fasting month was over, he performed Itikar for ten days in the month of Shawwal.

Allah's Apostle said, "Allah made Mecca a sanctuary and it was neither permitted for anyone before, nor will it be permitted for anyone after me (to fight in it). And fighting in it was made legal for me for a few hours of a day only. None is allowed to uproot its thorny shrubs or to cut down its trees or to chase its game or to pick up its Luqata (fallen things) except by a person who would announce it publicly." `Abbas bin `Abdul-Muttalib requested the Prophet, "Except Al-Idhkhir, for our goldsmiths and for the roofs of our houses." The Prophet said, "Except Al-Idhkhir." `Ikrima said, "Do you know what is meant by chasing its game? It is to drive it out of the shade and sit in its place." Khalid said, "(`Abbas said: Al-Idhkhir) for our goldsmiths and our graves."

"Abdul Majid bin Wahb narrated to us, he said: 'Al-'Adda' bin Khalid bin Hawdhah said to me: "Shall I not read to you a letter that was written for me from the Messenger of Allah (saws) ?'" He said: 'I said: "Of course." So he took out a letter for me: "This is what Al-'Adda' bin Khalid bin Hawdhah purchased from Muhammad, the Messenger of Allah (saws): He purchased from him a slave' - or - 'a female slave, having no ailments, nor being a runaway, nor having any malicious behavior. Sold by a Muslim to a Muslim.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from 'Abbad bin Laith. More than one of the people of Hadith have reported this Hadith from him.

The Messenger of Allah (saws) rode a horse in Medina. It threw him off at the root of a date-palm. His foot was injured. We visited him to inquire about his illness. We found him praying sitting in the apartment of Aisha. We, therefore, stood, (praying) behind him. He kept silent.

We again visited him to inquire about his illness. He offered the obligatory prayer sitting. We, therefore, stood (praying) behind him; he made a sign to us and we sat down. When he finished the prayer, he said: When the imam prays sitting, pray sitting; and when the imam prays standing, pray standing, and do not act as the people of Persia used to act with their chiefs (i.e. the people stood and they were sitting).

Hilal ibn Yasaf said: I came to ar-Raqqah (a place in Syria). One of my companions said to me: Do you want to see any of the Companions of the Prophet (saws)? I said: A good opportunity. So we went to Wabisah.

I said to my friend: Let us first see his mode of living. He had a cap with two ears stuck (to his head), and wearing a brown silken robe. He was resting on a staff during prayer. We asked him (about resting on the staff) after salutation; He said: Umm Qays daughter of Mihsan said to me that when the Messenger of Allah (saws) became aged and the flesh grew increasingly on him, he took a prop at his place of prayer and rested on it.

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

"The Messenger of Allah (saws) entered Makkah, and his standard was white."

[Abu 'Eisa said:] This Hadith is Gharib, we do know of it except as a narration of Yayha bin Adam from Sharik. He said: I asked Muhammad about this Hadith, but he did not know it except as a narration of Yahya bin Adam from Sharik, he said: "More than one narrator has narrated to us from Sharik from 'Ammar bin Abu Az-Zubair from Jabir: 'The Prophet (saws) entered Makkah and he was wearing a black 'Imamah.'"

Muhammad said: "This is the Hadith."

[Abu 'Eisa said:] Duhn is a branch of Bajilah (the tribe), and 'Ammar ad-Duhni (one of the narrators) is 'Ammar bin Mu'awiyah Ad-Duhni, and his kunyah is Abu Mu'awiyah, he is from Al-Kufah, and he is trustworthy according to the people of Hadith.

"The Messenger of Allah sent us on a military expedition, and the people turned to escape. So we arrived in Al-Madinah and concealed ourselves in it and we said: 'We are ruined.' Then we went to the Messenger of Allah (saws) and we said: 'O Messenger of Allah! We are those who fled.' He said: 'Rather you are Al-'Akkarun (those who are regrouping) and I am your reinforcement.

[Abu 'Eisa said:] This Hadith is Hasan Gharib. We do not know of it except as a narration of Yazid bin Abi Ziyad. And the meaning of his saying: "The people turned to escape" is that they fled from the fighting. As for the meaning of his saying: "Rather you are Al-'Akkarun," the 'Akkar is the one who flees to his Imam in order that he may help him, it does not mean fleeing from the advancing army.

Two persons, a Muslim and a Jew, quarreled. The Muslim said, "By Him Who gave Muhammad superiority over all the people! The Jew said, "By Him Who gave Moses superiority over all the people!" At that the Muslim raised his hand and slapped the Jew on the face. The Jew went to the Prophet and informed him of what had happened between him and the Muslim. The Prophet sent for the Muslim and asked him about it. The Muslim informed him of the event. The Prophet said, "Do not give me superiority over Moses, for on the Day of Resurrection all the people will fall unconscious and I will be one of them, but I will. be the first to gain consciousness, and will see Moses standing and holding the side of the Throne (of Allah). I will not know whether (Moses) has also fallen unconscious and got up before me, or Allah has exempted him from that stroke."

I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, "Once I abused a man and he complained of me to the Prophet . The Prophet asked me, 'Did you abuse him by slighting his mother?' He added, 'Your slaves are your brethren upon whom Allah has given you authority. So, if one has one's brethren under one's control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).

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.

On the day of a solar eclipse, Allah's Apostle stood up (to offer the eclipse prayer). He recited Takbir, recited a long recitation (of Holy Verses), bowed a long bowing, and then he raised h is head saying. "Allah hears him who sends his praises to Him." Then he stayed standing, recited a long recitation again, but shorter than the former, bowed a long bowing, but shorter than the first, performed a long prostration and then performed the second rak`a in the same way as he had done the first. By the time he had finished his prayer with Taslim, the solar eclipse had been over. Then he addressed the people referring to the solar and lunar eclipses saying, "These are two signs amongst the Signs of Allah, and they do not eclipse because of anyone's death or life. So, if you see them, hasten for the Prayer."

I heard Anas bin Malik telling us about the night when the Prophet was made to travel from the Ka`ba Mosque. Three persons (i.e. angels) came to the Prophet before he was divinely inspired was an Aspostle), while he was sleeping in Al Masjid-ul-Haram. The first (of the three angels) said, "Which of them is he?" The second said, "He is the best of them." That was all that happened then, and he did not see them till they came at another night and he perceived their presence with his heart, for the eyes of the Prophet were closed when he was asleep, but his heart was not asleep (not unconscious). This is characteristic of all the prophets: Their eyes sleep but their hearts do not sleep. Then Gabriel took charge of the Prophet and ascended along with him to the Heaven.

‘Umar bin Al Khattab said “During the battle of Badr, the Prophet (saws) took ransom”. Thereupon Allaah Most High sent down “It is not fitting for an Apostle that he should have prisoners of war until he hath thoroughly subdued the land. You look on the temporal goods of this world, but Allaah looketh to the Hereafter”. And Allaah is exalted in might and Wise. Had it not been for a previous ordainment from Allaah, a severe penalty would have reached you for the (ransom) that you took. Allaah then made the spoils of war lawful.

Abu Dawud said “I heard that Ahmad bin Hanbal was asked about the name of Abu Nuh”. He said “What will you do with his name? His name is a bad one.

Abu Dawud said “the name of Abu Nuh is Qurad. What is correct is that his name is ‘Abd Al Rahman bin Ghazwan.

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

The Messenger of Allah (saws) commissioned me as a collector of zakat. I visited a man. When he had collected his property of camels, I found that a she-camel in her second year was due from him.

I said to him: Pay a she-camel in her second year, for she is to be paid as sadaqah (zakat) by you.

He said: That one is not worthy of milking and riding. Here is another she-camel which is young, grand and fat. So take it.

I said to him: I shall not take an animal for which I have not been commanded. The Messenger of Allah (saws) is here near to you. If you like, go to him, and present to him what you presented to me. Do that; if he accepts it from you, I shall accept it; if he rejects it, I shall reject it.

He said: I shall do it. He accompanied me and took with him the she-camel which he had presented to me. We came to the Messenger of Allah (saws). He said to him: Prophet of Allah, your messenger came to me to collect zakat on my property. By Allah, neither the Messenger of Allah nor his messenger has ever seen my property before. I gathered my property (camels), and he estimated that a she-camel in her second year would be payable by me. But that has neither milk nor is it worth riding. So I presented to him a grand young she-camel for acceptance as zakat. But he has refused to take her. Look, she is here; I have brought her to you, Messenger of Allah. Take her.

The Messenger of Allah (saws) said: That is what is due from you. If you give voluntarily a better (animal) Allah will give a reward to you for it. We accept her from you.

She is here, Messenger of Allah; I have brought her to you. So take her. The Messenger of Allah (saws) then ordered me to take possession of it, and he prayed for a blessing on his property.

"Whenever the Prophet passed by (my mother Um-Sulaim) he used to enter her and greet her. Anas further said: Once the Prophet way a bridegroom during his marriage with Zainab, Um Sulaim said to me, "Let us give a gift to Allah's Apostle ." I said to her, "Do it." So she prepared Haisa (a sweet dish) made from dates, butter and dried yoghurt and she sent it with me to him. I took it to him and he said, "Put it down," and ordered me to call some men whom he named, and to invite whomever I would meet. I did what he ordered me to do, and when I returned, I found the house crowded with people and saw the Prophet keeping his hand over the Haisa and saying over it whatever Allah wished (him to say). Then he called the men in batches of ten to eat of it, and he said to them, "Mention the Name of Allah, and each man should eat of the dish the nearest to him." When all of them had finished their meals, some of them left and a few remained there talking, over which I felt unhappy. Then the Prophet went out towards the dwelling places (of his wives) and I too, went out after him and told him that those people had left. Then he returned and entered his dwelling place and let the curtains fall while I was in (his) dwelling place, and he was reciting the Verses:-- 'O you who believe! Enter not the Prophet's house until leave is given you for a meal, (and then) not (as early as) to what for its preparation. But when you are invited, enter, and when you have taken your meals, disperse without sitting for a talk. Verily such (behavior) annoys the Prophet; and he would be shy of (asking) you (to go), but Allah is not shy of (telling you) the Truth.' (33-53) Abu Uthman said: Anas said, "I served the Prophet for ten years."

Allah's Apostle (and his army) encountered the pagans and the two armies.,, fought and then Allah's Apostle returned to his army camps and the others (i.e. the enemy) returned to their army camps. Amongst the companions of the Prophet there was a man who could not help pursuing any single isolated pagan to strike him with his sword. Somebody said, "None has benefited the Muslims today more than so-and-so." On that Allah's Apostle said, "He is from the people of the Hell-Fire certainly." A man amongst the people (i.e. Muslims) said, "I will accompany him (to know the fact)." So he went along with him, and whenever he stopped he stopped with him, and whenever he hastened, he hastened with him. The (brave) man then got wounded severely, and seeking to die at once, he planted his sword into the ground and put its point against his chest in between his breasts, and then threw himself on it and committed suicide. On that the person (who was accompanying the deceased all the time) came to Allah's Apostle and said, "I testify that you are the Apostle of Allah." The Prophet said, "Why is that (what makes you say so)?" He said "It is concerning the man whom you have already mentioned as one of the dwellers of the Hell-Fire. The people were surprised by your statement, and I said to them, "I will try to find out the truth about him for you." So I went out after him and he was then inflicted with a severe wound and because of that, he hurried to bring death upon himself by planting the handle of his sword into the ground and directing its tip towards his chest between his breasts, and then he threw himself over it and committed suicide." Allah's Apostle then said, "A man may do what seem to the people as the deeds of the dwellers of Paradise but he is from the dwellers of the Hell-Fire and another may do what seem to the people as the deeds of the dwellers of the Hell- Fire, but he is from the dwellers of Paradise."

My Companions sent me to Allah's Apostle to ask him for some animals to ride on as they were accompanying him in the army of Al-Usra, and that was the Ghazwa (Battle) of Tabuk, I said, "O Allah's Prophet! My companions have sent me to you to provide them with means of transportation." He said, "By Allah! I will not make you ride anything." It happened that when I reached him, he was in an angry mood, and I didn't notice it. So I returned in a sad mood because of the refusal the Prophet and for the fear that the Prophet might have become 'angry with me. So I returned to my companions and informed them of what the Prophet had said. Only a short while had passed when I heard Bilal calling, "O `Abdullah bin Qais!" I replied to his call. Bilal said, "Respond to Allah's Apostle who is calling you." When I went to him (i.e. the Prophet), he said, "Take these two camels tied together and also these two camels tied together,"' referring to six camels he had brought them from Sa`d at that time. The Prophet added, "Take them to your companions and say, 'Allah (or Allah's Apostle ) allows you to ride on these,' so ride on them." So I took those camels to them and said, "The Prophet allows you to ride on these (camels) but by Allah, I will not leave you till some of you proceed with me to somebody who heard the statement of Allah's Apostle. Do not think that I narrate to you a thing which Allah's Apostle has not said." They said to me, "We consider you truthful, and we will do what you like." The sub-narrator added: So Abu Musa proceeded along with some of them till they came to those who have heard the statement of Allah's Apostle wherein he denied them (some animals to ride on) and (his statement) whereby he gave them the same. So these people told them the same information as Abu Musa had told them.

The Messenger of Allah (saws) announced an expedition, and I was a very old man and I had no servant. I, therefore, sought a hireling who would serve instead of me, and I would give him his portion. So I found a man. When the time of departure arrived, he came to me and said: I do not know what would be the portions, and how much would be my portion. So offer something (as wages) to me, whether there would be any portion or not. I offered three dinars (as his wages) for him. When some booty arrived, I wanted to offer him his portion. But I remembered the dinars, so I went to the Prophet (saws) and mentioned the matter to him. He said: All I can find for him regarding this expedition of his in this world and the next is three dinars which were offered him.

The Messenger of Allah (saws) said on the day of Badr: He who does such-and-such, will have such-and such. The young men came forward and the old men remained standing near the banners, and they did not move from there. When Allah bestowed victory on them, the old men said: We were support for you. If you had been defeated, you would have returned to us. Do not take this booty alone and we remain (deprived of it). The young men refused (to give), and said: The Messenger of Allah (saws) has given it to us. Then Allah sent down: "They ask thee concerning (things taken as) spoils of war, Say: (Such) spoils are at the disposal of Allah and the Apostle......Just as they Lord ordered thee out of thy house in truth, even though a party among the believers disliked it." This proved good for them. Similarly obey me. I know the consequence of this better than you.

Abu Dawud said: This tradition has also been transmitted by 'Abd al-A'la from Ibn Ishaq who said: Abu Majidah is a man of Banu Sahm narrating from 'Umar b. al-Khattab.

Jabir bin Abdullah said “We raised our voices in talbiyah along with the Apostle of Allaah(saws) exclusively for Hajj, not combining anything with it. When we came to Makkah four days of Dhu al Hijjah had already passed. We the circumambulated (the Ka’bah) and ran between Al Safa’ and Al Marwah . The Apostle of Allaah(saws) then commanded us to put off ihram. He said if I had not brought the sacrificial animals, I would have taken off Ihram. Suraqah bin Malik then stood up and said Apostle of Allaah , what do you think, have you provided this facility to us for this year alone or forever? The Apostle of Allaah said No, this forever and forever.

Al Awza’l said I heard Ata bin Abi Rabah narrating this tradition, but I did not memorize it till I met Ibn Juraij who confirmed it for me.