Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

The Messenger of Allah (saws) said: An oath or a vow about something over which a human being has no control, and to disobey Allah, and to break ties of relationship is not binding. If anyone takes an oath and then considers something else better than it, he should give it up, and do what is better, for leaving it is its atonement.

Abu Dawud said: All sound traditions from the Prophet (saws) say: "He should make atonement for his oath," except those versions which are not reliable.

Abu Dawud said: I said to Ahmad: Yahya b. Sa'id (al-Qattan) has transmitted this tradition from Yahya b. 'Ubaid Allah. He (Ahmad b. Hanbal) said: But he gave it up after that, and he was competent for doing it. Ahmad said: His (Yahya b. 'Ubaid Allah's) tradition are munkar (rejected) and his father is not known.

Ibn Abbas said: A lunatic woman who had committed adultery was brought to Umar. He consulted the people and ordered that she should be stoned.

Ali ibn AbuTalib passed by and said: What is the matter with this (woman)? They said: This is a lunatic woman belonging to a certain family. She has committed adultery. Umar has given orders that she should be stoned.

He said: Take her back. He then came to him and said: Commander of the Faithful, do you not know that there are three people whose actions are not recorded: a lunatic till he is restored to reason, a sleeper till he awakes, and a boy till he reaches puberty?

He said: Yes. He then asked: Why is it that this woman is being stoned?

He said: There is nothing. He then said: Let her go. He (Umar) let her go and began to utter: Allah is most great.

The Messenger of Allah (saws) said: If anyone says in the morning: "There is no god but Allah alone Who has no partner; to Him belong the dominions, to Him praise is due, and He is Omnipotent," he will have a reward equivalent to that for setting free a slave from among the descendants of Isma'il. He will have ten good deeds recorded for him, ten evil deeds deducted from him, he will be advanced ten degrees, and will be guarded from the Devil till the evening. If he says them in the evening, he will have a similar recompense till the morning.

The version of Hammad says: A man saw the Messenger of Allah (saws) in a dream and said: Messenger of Allah! AbuAyyash is relating such and such on your authority.

He said: AbuAyyash has spoken the truth.

Abu Dawud said: Isma'il b. Ja'far, Musa al-Zim'i and 'Adb Allah b. Ja'far transmitted it from Suhail, from his father on the authority of Ibn 'A'ish.

Abu Dawud said : this tradition has also been transmitted by Abu sa’id through a different chain of narrators to the same effect. A man has narrated in this version from Ibn-Ulayyah one sa’ of wheat. But this version is not guarded.

Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet (saws) to the effect that he gave a beating forty times with palm branches and sandals. And Shu'bah narrated it from Qatadah on the authority of Anas from Prophet (saws). This version has: He gave a beating with two palm-branches about forty times.

Abu Dawud said: Ibn Numair transmitted it from al-A'mash in a similar way.

Abu Dawud said: In a similar way of Ibn 'Uyainah also transmitted it from 'Ali b. Zaid, from al-Qasim b. Rab'iah, from Ibn 'Umar, from the Prophet (saws) ; and Ayyub al-Sukhtiyani transmitted it from al-Qasim b. Rabi'ah from 'Abd Allah b. 'Amr like the tradition of Khalid. Hammad b. Salamah also transmitted it from 'Ali b. Zaid, from Ya'qub al-Sadusi, on the authority of 'Abd Allah b. 'Amr from the Prophet (saws). The statements of Zaid and of Abu Musa are similar to the tradition of the Prophet (saws) and to the tradition of 'Umar (Allah be pleased with him.)

Abu Dawud said: This tradition has been narrated by ‘Amr b. Salamah through a different chain of transmitter. This version has: “When my clan visited the Prophet( may peace be upon him) ....” He did not report it on the authority of his father.

Yahya said: Narrate from me that both these traditions are weak in respect of their chains.

Abu Dawud said: Al-Thawri is reported to have said: Habib narrated this tradition to us only on the authority of 'Urwat al-Muzani, that is, he did not narrated any tradition on the authority of 'Urwah b. al-Zubair.

Abu Dawud said: Hamzah al-Zayyat reported a sound tradition on the authority of Habib, from 'Urwah b. al-Zubair from 'Aishah.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would never wash his head while he was in ihram except if he had to do ghusl because of a wet dream.

Malik said, "I have heard the people of knowledge say that there is no harm in someone who is in ihram rubbing his head with certain kinds of plants after he has stoned the Jamrat al-Aqaba but before he has shaved his head, because once he has finished stoning the Jamrat al-Aqaba it is halal for him to kill lice, to shave his head, to clean himself of body hair, and to wear normal clothes."

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."

Abu Dawud said: This has also been transmited by Abu al-Walid from Sulaiman bin Kathir from Az-Zuhri.

I saw Ibn Umar holding his beard with his hand and cutting what exceeded the handful of it. He (Ibn Umar) said that the Prophet (saws) said when he broke his fast: Thirst has gone, the arteries are moist, and the reward is sure, if Allah wills.

The Prophet (saws) said: A man who cupped and a man who has himself cupped broke their fast. The narrator Shayban said in his version: AbuQilabah told me that AbuAsma' ar-Rahbi told him that Thawban, the client of the Messenger of Allah (saws), told him that he heard the Prophet (saws) say this.

The Messenger of Allah (saws) stood up, i.e. on the day of Badr, and said: Uthman has gone off on the business of Allah and His Apostle, and I shall take the oath of allegiance on his behalf. The Messenger of Allah (saws) then allotted him a share, but did not do so for anyone else who was absent.

We were staying with the Messenger of Allah (saws) at Arafat; he said: O people, every family must offer a sacrifice and an atirah. Do you know what the atirah is? It is what you call the Rajab sacrifice.

Abu Dawud said: 'Atirah has been abrogated, and this tradition is an abrogated one.

The Prophet (saws) said: We forbade you to eat their meat for more than three days in order that you might have abundance; now Allah has produced abundance, so you may eat, store up and seek reward. Beware, these days are days of eating, drinking and remembrance of Allah, Most High.

A man came to Prophet (saws) and said: Messenger of Allah, my sister has taken a vow to perform hajj on foot. The Prophet (saws) said: Allah gets no good from the affliction your sister imposed on herself, so let her perform hajj riding and make atonement for her oath.

I was serving wine to the people in the house of AbuTalhah when it was prohibited and that day our wine was made from unripe dates. A man entered upon us and said: The wine has been prohibited, and the herald of the Messenger of Allah (saws) made an announcement. We then said: This is the herald of the Messenger of Allah (saws)

Abu Dawud said: His grandfathers were Zaid and Ziyad.

The Prophet (saws) said: Allah has protected you from three things: that your Prophet should not invoke a curse on you and should all perish, that those who follow what is false should not prevail over those who follow the truth, and that you should not all agree in an error.

The verse "If a man kills a believer intentionally, his recompense is Hell to abide therein for ever" was revealed six months after the verse "And those who invoke not with Allah any other god, nor slay such life as Allah has made sacred, except for just cause in Surat al-Furqan.

The Prophet (saws) said: Every important matter which is not begun by an expression of praise to Allah is maimed.

Abu Dawud said: It has also been transmitted by Yunus, 'Aqil, Shu'aib, Sa'id b. 'Abd al-Aziz from al-Zuhri from the Prophet (saws) in Mursal form (the link of the Companion is missing).

The Prophet (saws) said: The Compassionate One has mercy on those who are merciful. If you show mercy to those who are on the earth, He Who is in the heaven will show mercy to you.

Musaddad did not say: The client of 'Adb Allah b. 'Amr. He said: The Prophet (saw) said.

I heard the Messenger of Allah (saws) say: The wind comes from Allah's mercy.

Salamah's version has: It is Allah's mercy; it (sometimes) brings blessing and (sometimes) brings punishment. So when you see it, do not revile it, but ask Allah for some of its good, and seek refuge in Allah from its evil.

Abu Dawud said ‘Abd Al Razzaq narrated this tradition from Ma’mar attributing it to the Prophet(saws).