Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

Some of the children of al-Ala' ibn al-Hadrami said: Al-Ala' ibn al-Hadrami was the governor of the Prophet (saws) at al-Bahrayn, and when he wrote to him he began with his won name.

"The Prophet (saws) prohibited drinking while standing."

And there are narrations on this topic from Abu Sa'eed, Abu Hurairah, and Anas. And this Hadith is Hasan Gharib. This Hadith was reported from other narrators, from Sa'eed, from Qatadah, from Abu Muslim, from Al-Jarud, that the Prophet (saws) said: "The Muslim's wandering (animal) stirs the Fire." Al-Jarud bin Al-Mu'alla is called Ibn Al-'Al' but what is correct is Al-Mu'alla.

I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Apostle did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Apostle said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubaida bin al-Jarrah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."

From Jabir that the Prophet (saws) prohibited Al-Muhaqalah, Al-Muzabanah, Al-Mukhabarah, and Al-Mu'awamah, and he permitted it in the case of Al-'Araya.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The Messenger of Allah (saws) performed four 'Umrahs all in Dhu al-Qa'dah except the one which he performed along with Hajj.

Abu Dawud said: From here the narrator Hudbah (b. Khalid) became certain. I heard it from Abu al-Walid , but I did nor retain: An 'Umrah, during the treaty of al-Hudaibiyyah, or from al-Hudaibiyyah ; and 'Umrat al-Qada' in Dhu al-Qa'dah, and an 'Umrah from al-Ji'ranah where he (the Prophet) distributed the booty of Hunain in Dhu al-Qa'dah, and an 'Umrah along with his Hajj.

Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock.

Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan.

Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.

A man whom the Prophet (saws) made the following verse read informed me, or he was informed by a man whom a man made the following verse read through a man whom the Prophet (saws) made the following verse read: "For, that day His chastisement will be such as none (else) can be inflicted (la yu'adhdhabu)

Abu Dawud said: 'Asim, al-A'mash, Talhah b. Musarrif, Abu Ja'far Yazid b. al-Qa'qa', Shaibah b. Nassah, Nafi' b. 'Abd al-Rahman, 'Abd Allah b. Kathir al-Dari, Abu 'Amr b. al-'Ala', Hamzat al-Zayyat, 'Abd al-Rahman al-A'raj, Qatadah, al-Hasan al-Basri, Mujahid, Hamid al=A'raj, Abd Allah b. 'Abbas and 'Abd al-Rahman b. Abi Bakr recited: "For,that day His chastisement will be such as none (else) can inflict (la ya'adhdhibu), and His bonds will be such as none (other) can bind (wa la yathiqu), except the verse mentioned in this tradition from the Prophet (saws). It has een read yu'adhdhabu with short vowel a in passive voice.

Abu Dawud said: Al-Auza'i, Yunus and 'Uqail did not mention tanning. al-Zubaidi, Sa'id b. 'Abd al-Aziz and Hafs b. 'Abd al-'Aziz mentioned tanning.

Ibn `Abbas said, "Usama bin Zaid rode behind the Prophet from `Arafat to Al-Muzdalifa; and then from Al-Muzdalifa to Mina, Al-Fadl rode behind him." He added, "Both of them (Usama and Al-Fadl) said, 'The Prophet was constantly reciting Talbiya till he did Rami of the Jamarat-Al-`Aqaba."

By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."

When Al-Hasan bin `Ali moved with army units against Muawiya, `Amr bin AL-As said to Muawiya, "I see an army that will not retreat unless and until the opposing army retreats." Muawiya said, "(If the Muslims are killed) who will look after their children?" `Amr bin Al-As said: I (will look after them). On that, `Abdullah bin 'Amir and `Abdur-Rahman bin Samura said, "Let us meet Muawaiya and suggest peace." Al-Hasan Al-Basri added: No doubt, I heard that Abu Bakra said, "Once while the Prophet was addressing (the people), Al-Hasan (bin `Ali) came and the Prophet said, 'This son of mine is a chief, and Allah may make peace between two groups of Muslims through him."

Abu Dawud said: Al-Laith b. Sa'd, al-Awza'i, Mansur b. al-Mu'tamir and 'Irak b. Malik have narrated this tradition like the one narrated by Ibn 'Uyainah. Al-Awza'i narrated in his version the words: Beg pardon of Allah.

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said that al-Furafisa ibn Umayr al-Hanafi saw Uthman ibn Affan at al-Arj, and he was covering his face while in ihram.

The Prophet forbade two kinds of dresses and two kinds of bargains; Ishtimal As-Samma and Al- Ihtiba in one garment with no part of it covering one's private parts. (The two kinds of bargains were:) Al-Mulamasa and Al-Munabadha.

I saw Rifa`a bin Rafi` Al-Ansari who was a Badr warrior.

The Messenger of Allah (saws), AbuBakr and Umar burned the belongings of anyone who had been dishonest about booty and beat him.

Abu Dawud said: 'Ali b. Bahr added on the authority of al-Walid, and I did not hear (a tradition) from him: And they denied him his share."

Abu Dawud said: This tradition has also been transmitted by al-Walid b. 'Utbah from 'Abd al-Wahhab b. Najdah; They said: This has been transmitted by al-Walid, from Zuhair b. Muhammad, from 'Amr b. Shu'aib. 'Abd al-Wahhab b. Najdah al-Huti did not mention the words "He denied him his share" (as narrated by 'Ali b. Bahr from al-Walid).

Ahmad b. Muhammad al-Marwazi said: The correct chain of this tradition is: 'Ali b. al-Mubarak, from Yahya b. Abi Kathir, from Muhammad b. al-Zubair, from his father, on the authority of 'Imran b. Husain from the Prophet (saws)

Abu Dawud said: By this he (al-Marwazi) means that the narrator Sulaiman b. Arqam had some misunderstanding about this tradition. Al-Zuhri narrated it from him and then transmitted it (omitting his name) from Abu Salamah on the authority of 'Aishah.

Abu Dawud said: Baqiyyah has transmitted it from al-Auza'i from Yahya, from Muhammad b. al-Zubair with a similar chain of Ibn al-Mubarak.

Staying at Al-Mahassab is not one of the ceremonies (of Hajj), but Al-Mahassab is a place where Allah's Apostle camped (during his Hajjat-al-Wida).

Abu Dawud said: The hearing of this tradition by Hammad b. Salamah and Thaqafi is of the same nature.

Sa’id bin Abd Al ‘Aziz said “Arabia lies between Al Wadi to the extremes of the Yemen extending to the frontiers of Al Iraq and the sea.”

Abu Dawud said “This tradition was read out to Al Harith bin Miskin while I was a witness”. Ashhab bin ‘Abd Al Aziz reported it to you on the authority of Malik who said ‘Umar expelled the people of Najran, but he did not expel (them) from Taima. For it did not fall within the territory of Arabia. As for Al Wadi, I think the Jews were not expelled from there. They did not think it a part of the land of Arabia.

The Prophet (saws) taught me fifteen prostrations while reciting the Qur'an, including three in al-Mufassal and two in Surah al-Hajj.

Abu Dawud said: Abu al-Darda' has reported eleven prostrations from the Prophet (saws), but chain of this tradition is weak.

The Messenger of Allah (saws) sent Abdullah ibn Ghalib al-Laythi along with a detachment and I was also with them. He ordered them to attach Banu al-Mulawwih from all sides at al-Kadid. So we went out and when we reached al-Kadid we met al-Harith ibn al-Barsa al-Laythi, and seized him. He said: I came with the intention of embracing Islam, and I came out to go to the Messenger of Allah (saws). We said: If you are a Muslim, there is no harm if we keep you in chains for a day and night; and if you are not, we shall tie you with chains. So we tied him with chains.

Yunus ibn Ubayd, client of Muhammad ibn al-Qasim, said that Muhammad ibn al-Qasim sent to al-Bara' ibn Azib to ask him about the standard of the Messenger of Allah (saws). He said: It was black and square, being made of a woollen rug.

Rabi'ah reported on the authority of more than one person saying: The Messenger of Allah (saws) assigned as a fief to Bilal ibn al-Harith al-Muzani the mines of al-Qabaliyyah which is in the neighbourhood of al-Fur', and only zakat is levied on those mines up to the present day.

I heard the Messenger of Allah (saws) as saying: The best places to sit are those which provide most room.

Abu Dawud said: The name of 'Abd al-Rahman b. Abi 'Amr is 'Abd al-Rahman b. 'Amr b. Abi 'Umrat al-Ansari.

Masruq said: I met Umar ibn al-Khattab (Allah be pleased with him) who said: Who are you? I replied: Masruq ibn al-Ajda'. Umar then said: I heard the Messenger of Allah (saws) say: al-Ajda' (mutilated) is a devil.

That the Prophet (saws) said: "Do not withhold surplus water so that it is prevented from the pasture."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Abu Al-Munhal's name is 'Abdur-Rahman bin Mut'im, he is from Al-Kufah, and he is oen that Habib bin Abi Thabit reports from. Abu Al-Munhal Sayyar bin Salamah is from Al-Basrah, he is the companion of Abu Barzah Al-Aslami.

That Abu Musa Al-Ash`ari said that the Prophet had sent him to Yemen and he asked the Prophet about certain (alcoholic) drink which used to be prepared there The Prophet said, "What are they?" Abu Musa said, "Al-Bit' and Al-Mizr?" He said, "Al-Bit is an alcoholic drink made from honey; and Al-Mizr is an alcoholic drink made from barley." The Prophet said, "All intoxicants are prohibited."

Alqamah and al-Aswad said: A man came to Ibn Mas'ud. He said: I recite the mufassal surahs in one rak'ah. You might recite it quickly as one recites verse (poetry) quickly, or as the dried dates fall down (from the tree).

But the Prophet (saws) used to recite two equal surahs in one rak'ah; he would recite (for instance) surahs an-Najm (53) and ar-Rahman (55) in one rak'ah, surahs Iqtarabat (54) and al-Haqqah (69) in one rak'ah, surahs at-Tur (52) and adh-Dhariyat (51) in one rak'ah, surahs al-Waqi'ah (56) and Nun (68) in one rak'ah, surahs al-Ma'arij (70) and an-Nazi'at (79) in one rak'ah, surahs al-Mutaffifin (83) and Abasa (80) in one rak'ah, surahs al-Muddaththir (74) and al-Muzzammil (73) in one rak'ah, surahs al-Insan (76) and al-Qiyamah (75) in one rak'ah, surahs an-Naba' (78) and al-Mursalat (77) in one rak'ah, and surahs ad-Dukhan (44) and at-Takwir (81) in one rak'ah.

Abu Dawud said: This is the arrangement of Ibn Mas'ud himself

Is Sūrat al-Zalzalah equivalent to one-fourth of the Qur’an?
The reports about Sūrat Al-Zalzalah being equivalent to one-fourth of the Qur’an have some weakness in them, although they are strengthened by the different variations as well as the multiple mursal reports (which are weak standalone). Ibn Khuzaymah categorized one particular attributed to Anas (RA) as saḥiḥ and al-Tirmidhī classified one narration as ḥasan, while others relied on the report of Ibn Abbās.

Abu Dawud said: This tradition has been transmitted by al-Muharibi, from al-'Ala bin al-Musayyab, from 'Abd Allah bin 'Amr bin Murrah, from Salim al-Aftas, from Abu Ubaidah, from 'Abd Allah; and it is been transmitted by Khalid al-Tahhan, from al-'Ala, from 'Amr bin Murrah from Abu 'Ubaidah.