Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer, he is more entitled to it than anyone else. If the buyer dies, then the seller is the same as other creditors with respect to it."

Malik related to me that he heard that when the Messenger of Allah, may Allah bless him and grant him peace, set foot in the stirrup intending to travel, he would say, "In the name of Allah. O Allah! You are my companion in the journey and the Khalifa of my family. O Allah! Spread out the earth for us and make the journey easy for us. O Allah! I seek refuge with You from the hardship of the journey and from returning to sorrow and a distressing sight regarding property and family."

There was an orphan (girl) under the care of a man. He married her and she owned a date palm (garden). He married her just because of that and not because he loved her. So the Divine Verse came regarding his case: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) The sub-narrator added: I think he (i.e. another sub-narrator) said, "That orphan girl was his partner in that datepalm (garden) and in his property."

While I was going along with Allah's Apostle who was wearing a Najrani Burd (sheet) with a thick border, a bedouin overtook the Prophet and pulled his Rida' (sheet) forcibly. I looked at the side of the shoulder of the Prophet and noticed that the edge of the Rida' had left a mark on it because of the violence of his pull. The bedouin said, "O Muhammad! Order for me some of Allah's property which you have." The Prophet turned towards him, (smiled) and ordered that he be given something.

I became sick so Allah's Apostle and Abu Bakr came on foot to pay me a visit. When they came, I was unconscious. Allah's Apostle performed ablution and he poured over me the water (of his ablution) and I came to my senses and said, "O Allah's Apostle! What shall I do regarding my property? How shall I distribute it?" The Prophet did not reply till the Divine Verses of inheritance were revealed .

Hind bint `Utba bin Rabi`a came and said. "O Allah's Apostle! By Allah, there was no family on the surface of the earth, I like to see in degradation more than I did your family, but today there is no family on the surface of the earth whom I like to see honored more than yours." Hind added, "Abu Sufyan is a miser. Is it sinful of me to feed our children from his property?" The Prophet said, "There is no blame on you if you feed them (thereof) in a just and reasonable manner.

"Allah's Apostle in his fatal illness came out with a piece of cloth tied round his head and sat on the pulpit. After thanking and praising Allah he said, "There is no one who had done more favor to me with life and property than Abu Bakr bin Abi Quhafa. If I were to take a Khalil, I would certainly have taken Abu- Bakr but the Islamic brotherhood is superior. Close all the small doors in this mosque except that of Abu Bakr."

The Prophet (saws) sent Mu`adh to Yemen and said, "Invite the people to testify that none has the right to be worshipped but Allah and I am Allah's Apostle, and if they obey you to do so, then teach them that Allah has enjoined on them five prayers in every day and night (in twenty-four hours), and if they obey you to do so, then teach them that Allah has made it obligatory for them to pay the Zakat from their property and it is to be taken from the wealthy among them and given to the poor."

who heard Aisha saying, "The Holy Verse; 'Whoever amongst the guardians is rich, he should take no wages (from the property of the orphans) but If he is poor, let him have for himself what is just and reasonable (according to his labors)' (4.6) was revealed concerning the guardian of the orphans who looks after them and manages favorably their financial affairs; If the guardian Is poor, he could have from It what Is just and reasonable, (according to his labors).

Yahya related to me from Malik from Abd al-Karim ibn Malik al- Jazari from Abd ar-Rahman ibn Abi Layla from Kab ibn Ujra that one time he was with the Messenger of Allah, may Allah bless him and grant him peace, in ihram, and he was suffering from lice on his head. The Messenger of Allah, may Allah bless him and grant him peace, told him to shave his head, saying, "Fast three days, or feed six poor people, two mudds for each person, or sacrifice a sheep. If you do any of those it will be enough for you."

Abu Bakr wrote to me what Allah had instructed His Apostle (p.b.u.h) to do regarding the one who had to pay one Bint Makhad (i.e. one year-old she-camel) as Zakat, and he did not have it but had got Bint Labun (two year old she-camel). (He wrote that) it could be accepted from him as Zakat, and the collector of Zakat would return him 20 Dirhams or two sheep; and if the Zakat payer had not a Bint Makhad, but he had Ibn Labun (a two year old he-camel) then it could be accepted as his Zakat, but he would not be paid anything .

Allah's Apostle stood beside me at Al-Hudaibiya and the lice were falling from my head in great number. He asked me, "Have your lice troubled you?" I replied in the affirmative. He ordered me to get my head shaved. Ka`b added, "This Holy Verse:--'And if any of you is ill, or has ailment in his scalp (2.196), etc. was revealed regarding me. "The Prophet then ordered me either to fast three days, or to feed six poor persons with one Faraq (three Sas) (of dates), or to slaughter a sheep, etc. (sacrifice) whatever was available.

From Hakim bin Hizam, that the Messenger of Allah (saws) sent Hakim bin Hizam with a Dinar to buy an animal for Udhiyyah (an animal for sacrifice) for him. He purchases an Udhiyyah which he sold and profited a Dinar from, so he purchased another in its place. And he returned to the Messenger of Allah (saws) with Udhiyyah and the Dinar, so he said: 'The sheep is for sacrifice and Dinar is for charity.'"

[Abu 'Eisa said:] We do not know of the Hadith of Hakim bin Hizam except through this route, and Habib bin Abi Thabit did not hear from Hakim bin Hizam - in my view.

That the Prophet (saws) said: "Shall I not inform you of the best of the people ? A man who takes hold of the reins of his horse in Allah's cause. Shall I not inform you of the one who comes after him ? The man who secludes himself from the people with a small group of sheep of his, thereby fulfilling Allah's right. Shall I not inform you about the worst of the people ? A man who is asked by (the Name of) Allah, but not given by Him."

[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. This Hadith has been reported through other routes from Ibn 'Abbas, from the Prophet (saws).

Abu Bakr bought a (camel) saddle from `Azib for thirteen Dirhams. Abu Bakr said to `Azib, "Tell Al- Bara' to carry the saddle for me." `Azib said, "No, unless you relate to me what happened to you and Allah's Apostle when you left Mecca while the pagans were in search of you." Abu Bakr said, "We left Mecca and we traveled continuously for that night and the following day till it was midday. I looked (around) searching for shade to take as shelter, and suddenly I came across a rock, and found a little shade there. So I cleaned the place and spread a bed for the Prophet in the shade and said to him, 'Lie down, O Allah's Apostle.' So the Prophet lay down and I went out, looking around to see if there was any person pursuing us. Suddenly I saw a shepherd driving his sheep towards the rock, seeking what we had already sought from it. I asked him, 'To whom do you belong, O boy?' He said, 'I belong to a man from Quraish.' He named the man and I recognized him. I asked him, 'Is there any milk with your sheep?' He said, 'Yes.' I said, 'Will you then milk (some) for us?' He said, 'Yes.' Then I asked him to tie the legs of one of the sheep and clean its udder, and then ordered him to clean his hands from dust. Then the shepherd cleaned his hands by striking his hands against one another. After doing so, he milked a small amount of milk. I used to keep for Allah's Apostle a leather water-container, the mouth of which was covered with a piece of cloth. I poured water on the milk container till its lower part was cold. Then I took the milk to the Prophet whom I found awake. I said to him, 'Drink, O Allah's Apostle.' So he drank till I became pleased. Then I said, 'It is time for us to move, O Allah's Apostle!' He said, 'Yes.' So we set out while the people (i.e. Quraish pagans) were searching for us, but none found us except Suraqah bin Malik bin Ju`shum who was riding his horse. I said, 'These are our pursuers who have found us. O Allah's Apostle!' He said, 'Do not grieve, for Allah is with us."

The Messenger of Allah (saws) used to sit with us in meetings and talk to us. When he stood up we also used to stand up and see him entering the house of one of his wives. One day he talked to us and we stood up as he stood up and we saw that an Arabi (a nomadic Arab) caught hold of him and gave his cloak a violent tug making his neck red.

AbuHurayrah said: The cloak was coarse. He turned to him and the Arabi said to him: Load these two camels of mine, for you do not give me anything from your property or from your father's property.

The Prophet (saws) said to him: No, I ask Allah's forgiveness; no, I ask Allah's forgiveness; no, I ask Allah's forgiveness. I shall not give you the camel-load until you make amends for the way in which you tugged at me.

Each time the Arabi said to him: I swear by Allah, I shall not do so.

He then mentioned the rest of the tradition. He (the Prophet), then called a man and said to him: Load these two camels of his: one camel with barley and the other with dates. He then turned to us and said: Go on your way with the blessing of Allah.

I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O Allah's Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "Onethird of it?" He said, "You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealthy than to leave them poor, asking others for help. And whatever you spend (for Allah's sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah's Apostle! Will I remain behind and fail to complete my emigration?" The Prophet said, "If you are left behind after me, whatever good deeds you will do for Allah's sake, that will upgrade you and raise you high. May be you will have long life so that some people may benefit by you and others (the enemies) be harmed by you." But Allah's Apostle felt sorry for Sa`d bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa`d bin Khaula was a man from the tribe of Bani 'Amir bin Lu'ai.)

Abdullah (bin Mas'ud) said, "Whoever took a false oath in order to grab somebody's property will meet Allah while Allah will be angry with him." Allah revealed the following verse to confirm that:--"Verily! Those who purchase a small gain at the cost of Allah's covenant And their oaths...a painful torment." (3.77)

Al-Ash'ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas'ud) was telling you." We related the story to him. On that he said, "He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Apostle. Allah's Apostle said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath." Allah's Apostle then said, 'Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him.' Allah then revealed what Confirmed it." Al-Ash'ath then recited the following Verse:--"Verily! Those who purchase a small gain at the cost of Allah's covenant, And their oaths . . . (to) . . . they shall have a painful torment!' (3.77) (See Hadith No. 546)

Malik ibn Aws al-Hadthan said: One of the arguments put forward by Umar was that he said that the Messenger of Allah (saws) received three things exclusively to himself: Banu an-Nadir, Khaybar and Fadak. The Banu an-Nadir property was kept wholly for his emergent needs, Fadak for travellers, and Khaybar was divided by the Messenger of Allah (saws) into three sections: two for Muslims, and one as a contribution for his family. If anything remained after making the contribution of his family, he divided it among the poor Emigrants.

The Messenger of Allah (saws) said: If you gain a victory over the men of Jews, kill them. So Muhayyisah jumped over Shubaybah, a man of the Jewish merchants. He had close relations with them. He then killed him. At that time Huwayyisah (brother of Muhayyisah) had not embraced Islam. He was older than Muhayyisah. When he killed him, Huwayyisah beat him and said: O enemy of Allah, I swear by Allah, you have a good deal of fat in your belly from his property.

I heard the Messenger of Allah (saws) Said: Allah , Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband. He was asked: Even foodgrain, Messenger of Allah? He replied: That is the best of our property. He then said: A loan must be paid back, a she-camel lent for a time for milking must be returned, a debt must be discharged, one who stands surety is held responsible.

I heard Ka`b bin Malik talking about the Verse:-- 'And to the three (He also forgave) who remained behind.' (9.118) saying in the last portion of his talk, "(I said), 'As a part (sign) of my repentance, I would like to give up all my property in the cause of Allah and His Apostle,' The Prophet said to me, 'Keep some of your wealth as it is good for you." (To the three (He also forgave) who remained behind till for them the earth, vast as it is, was straitened..." (9.118)

The Prophet said, "Avoid the seven great destructive sins." They (the people!) asked, "O Allah's Apostle! What are they?" He said, "To join partners in worship with Allah; to practice sorcery; to kill the life which Allah has forbidden except for a just cause (according to Islamic law); to eat up usury (Riba), to eat up the property of an orphan; to give one's back to the enemy and fleeing from the battle-field at the time of fighting and to accuse chaste women who never even think of anything touching chastity and are good believers."

The Prophet heard the voices of some people quarreling near his gate, so he went to them and said, "I am only a human being and litigants with cases of disputes come to me, and maybe one of them presents his case eloquently in a more convincing and impressive way than the other, and I give my verdict in his favor thinking he is truthful. So if I give a Muslim's right to another (by mistake), then that (property) is a piece of Fire, which is up to him to take it or leave it." (See Hadith No. 281 )

The Prophet said, "Whoever takes a false oath in order to grab another man's (or his brother's) property, then Allah will be angry with him when he will meet him." Then Allah confirmed this by revealing the Divine Verse: "Verily! Those who purchase a little gain at the cost of Allah's Covenant and their oaths . . . Will get painful punishment." (3.77) Al-Ash'ath met me and asked, "What did `Abdullah tell you today?" I said, "So and so." He said, "The Verse was revealed regarding my case."

While we were in the Mosque, the Prophet came out and said, "Let us go to the Jews" We went out till we reached Bait-ul-Midras. He said to them, "If you embrace Islam, you will be safe. You should know that the earth belongs to Allah and His Apostle, and I want to expel you from this land. So, if anyone amongst you owns some property, he is permitted to sell it, otherwise you should know that the Earth belongs to Allah and His Apostle."

When Khaibar was conquered, Allah's Apostle was presented with a poisoned (roasted) sheep. Allah's Apostle said, "Collect for me all the Jews present in this area." (When they were gathered) Allah's Apostle said to them, "I am going to ask you about something; will you tell me the truth?" They replied, "Yes, O Abal-Qasim!" Allah's Apostle said to them, "Who is your father?" They said, "Our father is so-and-so." Allah's Apostle said, "You have told a lie. for your father is so-and-so," They said, "No doubt, you have said the truth and done the correct thing." He again said to them, "If I ask you about something; will you tell me the truth?" They replied, "Yes, O Abal-Qasim! And if we should tell a lie you will know it as you have known it regarding our father," Allah's Apostle then asked, "Who are the people of the (Hell) Fire?" They replied, "We will remain in the (Hell) Fire for a while and then you (Muslims) will replace us in it" Allah's Apostle said to them. ''You will abide in it with ignominy. By Allah, we shall never replace you in it at all." Then he asked them again, "If I ask you something, will you tell me the truth?" They replied, "Yes." He asked. "Have you put the poison in this roasted sheep?" They replied, "Yes," He asked, "What made you do that?" They replied, "We intended to learn if you were a liar in which case we would be relieved from you, and if you were a prophet then it would not harm you."

Yahya related to me from Malik that he heard that a beggar asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, for something while she was fasting and there was only a loaf of bread in her house. She said to her female mawla, "Give it to him." The mawla protested, "You will not have anything to break your fast with." A'isha repeated, "Give it to him," so she did so. When evening came, the people of a house or a man who did not usually give to them, gave them a sheep and some food to go with it. A'isha, umm al-muminin, called her mawla and said, "Eat from this. This is better than your loaf of bread."

The Prophet (p.b.u.h) said, "The first thing that we should do on this day of ours is to pray and then return to slaughter the sacrifice. So anyone who does so, he acted according to our Sunna (tradition), and whoever slaughtered the sacrifice before the prayer, it was just meat which he presented to his family and would not be considered as Nusuk." A person from the Ansar named Abu Burda bin Niyyar said, "O Allah's Apostle! I slaughtered the Nusuk (before the prayer) but I have a young shegoat which is better than an older sheep." The Prophet I said, "Sacrifice it in lieu of the first, but it will be not sufficient (as a sacrifice) for anybody else after you."

(Reporting the speech of Ka`b bin Umra) Allah's Apostle saw him (i.e. Ka`b) while the lice were falling on his face. He asked (him), "Have your lice troubled you?" He replied in the affirmative. So, he ordered him to get his head shaved while he was at Al-Hudaibiya. At that time they were not permitted to finish their Ihram, and were still hoping to enter Mecca. So, Allah revealed the verses of Al-Fidya. Allah's Apostle ordered him to feed six poor persons with one Faraq of food or to slaughter one sheep (as a sacrifice) or to fast for three days.

A man came to Allah's Apostle and asked about Al-Luqata (a fallen thing). The Prophet said, "Recognize its container and its tying material and then make a public announcement about it for one year and if its owner shows up, give it to him; otherwise use it as you like." The man said, "What about a lost sheep?" The Prophet said, "It is for you, your brother or the wolf." The man said "What about a lost camel?" The Prophet said, "Why should you take it as it has got its water-container (its stomach) and its hooves and it can reach the places of water and can eat the trees till its owner finds it?"

A man came and asked Allah's Apostle about picking a lost thing. The Prophet said, "Remember the description of its container and the string it is tied with, and make public announcement about it for one year. If the owner shows up, give it to him; otherwise, do whatever you like with it." He then asked, "What about a lost sheep?" The Prophet said, "It is for you, for your brother (i.e. its owner), or for the wolf." He further asked, "What about a lost camel?" The Prophet said, "It is none of your concern. It has its water-container (reservoir) and its feet, and it will reach water and drink it and eat the trees till its owner finds it."

A man asked Allah's Apostle about the Luqata. He said, "Make public announcement of it for one year, then remember the description of its container and the string it is tied with, utilize the money, and if its owner comes back after that, give it to him." The people asked, "O Allah's Apostle! What about a lost sheep?" Allah's Apostle said, "Take it, for it is for you, for your brother, or for the wolf." The man asked, "O Allah's Apostle! What about a lost camel?" Allah's Apostle got angry and his cheeks or face became red, and said, "You have no concern with it as it has its feet, and its watercontainer, till its owner finds it."

I sat with Ka`b bin Ujra in this mosque, i.e. Kufa Mosque, and asked him about the meaning of: "Pay a ransom (i.e. Fidya) of either fasting or . . . . (2.196)" He said, "I was taken to the Prophet while lice were falling on my face. The Prophet said, 'I did not think that your trouble reached to such an extent. Can you afford to slaughter a sheep (as a ransom for shaving your head)?' I said, 'No.' He said, 'Then fast for three days, or feed six poor persons by giving half a Sa of food for each and shave your head.' So the above Verse was revealed especially for me and generally for all of you."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is wrong with men who give their sons gifts and then keep them and if the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son, I gave it to him.' Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he dies it belongs to the heirs in general."

Malik related to me from Yahya ibn Said and somebody else from al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a man in the time of the Messenger of Allah, may Allah bless him and grant him peace, freed six of his slaves while he was dying. The Messenger of Allah, may Allah bless him and grant him peace, drew lots between them and freed a third of those slaves.

Malik added that he had heard that the man did not have any property other than them.

Yahya related to me from Malik from Uthman ibn Hafs ibn Umar ibn Khalda that Ibn Shihab had heard that Abu Lubaba ibn Abd al-Mundhir, when Allah turned to him said, "Messenger of Allah, should I leave my people's house in which I committed wrong action and keep your company, and give away all my property as sadaqa for Allah and His Messenger? "The Messenger of Allah, may Allah bless him and grant him peace, said, "Giving away a third of it is enough for you."

`Umar expelled the Jews and the Christians from Hijaz. When Allah's Apostle had conquered Khaibar, he wanted to expel the Jews from it as its land became the property of Allah, His Apostle, and the Muslims. Allah's Apostle intended to expel the Jews but they requested him to let them stay there on the condition that they would do the labor and get half of the fruits. Allah's Apostle told them, "We will let you stay on thus condition, as long as we wish." So, they (i.e. Jews) kept on living there until `Umar forced them to go towards Taima' and Ariha'.

The Prophet said, "The Hour will not be established till you fight a nation wearing hairy shoes, and till you fight the Turks, who will have small eyes, red faces and flat noses; and their faces will be like flat shields. And you will find that the best people are those who hate responsibility of ruling most of all till they are chosen to be the rulers. And the people are of different natures: The best in the pre-lslamic period are the best in Islam. A time will come when any of you will love to see me rather than to have his family and property doubled."

'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (saws) died, Abu Bakr said: I am the protector of the Messenger of Allah (saws). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (saws) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (saws) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (saws) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.

Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (saws) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.

Malik related to me from Rabia ibn Abi Abd ar-Rahman from Yazid, the mawla of al-Munbaith that Zayd ibn Khalid al-Juhani said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finds. He said, 'Memorize the characteristics of the object found, then publicise it for a year. If the owner comes, give it to him. If not, then it is your business.' He said, 'What about lost sheep, Messenger of Allah?' He said, 'They are yours, your brother's or the wolf's.' He said, 'And the lost camel?' He said, 'It's none of your concern. It has its water and its feet. It will reach water and eat trees until its owner finds it.' "

I said, "O Allah's Apostle! We are going to face the enemy tomorrow and we do not have knives." He said, "Hurry up (in killing the animal). If the killing tool causes blood to flow out, and if Allah's Name is mentioned, eat (of the slaughtered animal). But do not slaughter with a tooth or a nail. I will tell you why: As for the tooth, it is a bone; and as for the nail, it is the knife of Ethiopians." Then we got some camels and sheep as war booty, and one of those camels ran away, whereupon a man shot it with an arrow and stopped it. Allah's Apostle said, "Of these camels there are some which are as wild as wild beasts, so if one of them (runs away and) makes you tired, treat it in this manner."

I heard the Prophet delivering a sermon, and he said (on the Day of `Id-Allah. a), "The first thing we will do on this day of ours is that we will offer the `Id prayer, then we will return and slaughter our sacrifices; and whoever does so, then indeed he has followed our tradition, and whoever slaughtered his sacrifice (before the prayer), what he offered was just meat that he presented to his family, and that was not a sacrifice." Abu Burda got up and said, "O Allah's Apostle! I slaughtered the sacrifice before the prayer and I have got a Jadha'a which is better than an old sheep." The Prophet said, "Slaughter it to make up for that, but it will not be sufficient for anybody else after you."

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."

A man asked the Prophet about the picking up of a "Luqata" (fallen lost thing). The Prophet replied, "Recognize and remember its tying material and its container, and make public announcement (about it) for one year, then utilize it but give it to its owner if he comes." Then the person asked about the lost camel. On that, the Prophet got angry and his cheeks or his Face became red and he said, "You have no concern with it as it has its water container, and its feet and it will reach water, and eat (the leaves) of trees till its owner finds it." The man then asked about the lost sheep. The Prophet replied, "It is either for you, for your brother (another person) or for the wolf."

Anas bin Malik said, that once a domestic sheep was milked for Allah's Apostle while he was in the house of Anas bin Malik. The milk was mixed with water drawn from the well in Anas's house. A tumbler of it was presented to Allah's Apostle who drank from it. Then Abu Bakr was sitting on his left side and a bedouin on his right side. When the Prophet removed the tumbler from his mouth, `Umar was afraid that the Prophet might give it to the bedouin, so he said. "O Allah's Apostle! Give it to Abu Bakr who is sitting by your side." But the Prophet gave it to the bedouin, who was to his right and said, "You should start with the one on your right side."

Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."

Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."

Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such- and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."

Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."

Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt, which people claim from him, and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it.

"If a man gives his son or daughter something and a woman marries the man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back, or, if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you."

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

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

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

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