(on the authority of his father who said) `Ammar said so (the above Statement). And Shu`ba stroked lightly the earth with his hands and brought them close to his mouth (blew off the dust) and passed them over his face and then the backs of his hands. `Ammar said, "Ablution (meaning Tayammum here) is sufficient for a Muslim if water is not available."

"I heard Abu Kabshah Al-Anmari saying: 'The Kimam (caps) of the Companions of the Messenger of Allah (saws) were Buthan (stretched over the head).'"

[Abu 'Eisa said:] This Hadith is Munkar, 'Abdullah bin Busr is from Al-Basrah, and he is weak according to the people of Hadith. Yahya bin Sa'eed and others graded him weak. Buthun means expansive.

Ibn `Abbas said, "Allah's Apostle said, 'Do not go to meet the caravans on the way (for buying their goods without letting them know the market price); a town dweller should not sell the goods of a desert dweller on behalf of the latter.' I asked Ibn `Abbas, 'What does he mean by not selling the goods of a desert dweller by a town dweller?' He said, 'He should not become his broker.' "

When Muawiya bin Abu Sufyan came to Medina for the last time, he delivered a sermon before us. He took out a tuft of hair and said, "I never thought that someone other than the Jews would do such a thing (i.e. use false hair). The Prophet named such a practice, 'Az-Zur' (i.e. falsehood)," meaning the use of false hair.

regarding the Statement of Allah:--"Those who have changed Allah's Blessings for disbelief..." (14.28) The people meant here by Allah, are the infidels of Quraish. (`Amr, a sub-narrator said, "Those are (the infidels of) Quraish and Muhammad is Allah's Blessing. Regarding Allah's Statement:"..and have led their people Into the house of destruction? (14.29) Ibn `Abbas said, "It means the Fire they will suffer from (after their death) on the day of Badr."

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces of property in various places, or is a co-owner of various pieces of property in various places, none of which individually comes to a zakatable amount, but which, when added together, do come to a zakatable amount, then he adds them together and pays the zakat that is due on them ."

`Utba (bin Abi Waqqas) said to his brother Sa`d, "The son of the slave girl of Zam`a is my son, so be his custodian." So when it was the year of the Conquest of Mecca, Sa`d took that child and said, "He is my nephew, and my brother told me to be his custodian." On that, 'Abu bin Zam`a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed." So they both went to the Prophet. Sa`d said, "O Allah's Apostle! (This is) the son of my brother and he told me to be his custodian." Then 'Abu bin Zam`a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed." The Prophet said, "This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones." He then ordered (his wife) Sauda bint Zam`a to cover herself before that boy as he noticed the boy's resemblance to `Utba. Since then the boy had never seen Sauda till he died.

From 'Aishah that she wanted to purchase Barirah, but they (he owners) made the condition that they would retain the Wala'. So the Prophet (saws) said: "Buy her, the Wala' is only for the one who gives the price, or for the one who grants the favor."

[He said:] There is something on this topic from Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of 'Aishah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Mansur bin Al-Mu'tamir's Kunyah is Abu 'Attab.

Abu Bakr Al-'Attar Al-Basri narrated to us from 'Ali bin Al-Madini who said: "I heard Yahya bin Sa'eed saying: 'When you get a narration from Mansur, then your hand has been filled with goodness without needing others.' Then Yahya said: 'I did not find anyone more reliable in (narrating from) Ibrahim An-Nakha'i and Mujahid than Mansur."

[He said:] Muhammad informed me from 'Abdullah bin Abi Al-Aswad who said: " 'Abdur-Rahman bin Mahdi said: 'Mansur is the most reliable of the people of Al-Kufah.'"

"A sheep died so the Messenger of Allah (saws) said to its owners: 'Why dont you remove its skin, then tan it so you can have something useful from it."

[Abu 'Eisa said:] There are narrations on this topic from Salamah bin Al-Muhabbaq, Maimunah, and 'Aishah. The Hadith of Ibn 'Abbas is Hasan Sahih. Similar to this has been reported through other routes from Ibn 'Abbas from the Prophet (saws). And it has been related from Ibn 'Abbas from Maimunah, from the Prophet (saws), and, it has been related from him from Sawdah. I heard Muhammad saying the Hadith of Ibn 'Abbas from Maimunah from the Prophet (saws) were correct. And he said: "It implies that it was reported from Ibn 'Abbas from Maimunah from the Prophet (saws), and that Ibn 'Abbas reported it from the Prophet (saws), and he did not mention Maimunah in it."

[Abu 'Eisa said:] This is acted upon according to most of the people of knowledge, and it is the view of Sufyan At-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq.

That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."

[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."

The Messenger of Allah (saws) as saying : There is no infection, no evil, omen or serpent, in a hungry belly and no hamah. A nomadic Arab asked: How is it that when camels are in the sand as if they were gazelles and a mangy camel comes among them and it gives them mange ? He replied: Who infected the first one ?

Ma'mar, quoting al-Zuhri said: A man told me that Abu Hurairah narrated to him saying that he heard the Prophet (saws) say: A diseased camel should not be brought with a healthy camel to drink water. He said: The man then consulted him and said: Did you not tell us that Prophet (saws) had said: There is no infection, no serpent in a hungry belly and no hamah? He replied: I did not transmit it to you. Al-Zuhri said: Abu Salamah said: He had narrated it and I did not hear that Abu Hurairah had ever forgotten any tradition except this one.

On his father's authority, said that his grandfather reported the Prophet (saws) said: Blood-wit for what resembles intentional murder is to be made as severe as that for intentional murder, but the culprit is not to be killed. Khalid gave us some additional information on the authority of Ibn Rashid: That (unintentional murder which resembles intentional murder) means that Satan jumps among the people and then the blood is shed blindly without any malice and weapon.

Allah's Apostle stood up for the prayer and we too stood up along with him. Then a bedouin shouted while offering prayer. "O Allah! Bestow Your Mercy on me and Muhammad only and do not bestow it on anybody else along with us." When the Prophet had finished his prayer with Taslim, he said to the Bedouin, "You have limited (narrowed) a very vast (thing)," meaning Allah's Mercy.

I heard Allah's Apostle saying, "By Him in Whose Hands my life is! Were it not for some men who dislike to be left behind and for whom I do not have means of conveyance, I would not stay away (from any Holy Battle). I would love to be martyred in Allah's Cause and come to life and then get, martyred and then come to life and then get martyred and then get resurrected and then get martyred.

While I and my father were with Jabir bin `Abdullah, some people asked him about taking a bath. He replied, "A Sa` of water is sufficient for you." A man said, "A Sa` is not sufficient for me." Jabir said, "A Sa` was sufficient for one who had more hair than you and was better than you (meaning the Prophet)." And then Jabir (put on) his garment and led the prayer.

That the Prophet (saws) said: "Indeed a woman grants (assurances of protection) to a people" - meaning it is to be honored - "from the Muslims."

There is something on this topic from Umm Hani, and this Hadith is Hasan Gharib.

I asked Muhammad and he said: "This Hadith is Sahih. Kathir bin Ziad heard from Al-Walid bin Rabah, and Al-Walid bin Rabah heard from Abu Hurairah, and he is Muqarib (average) in Hadith.

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

I said to the Prophet (saws): It is enough for you in Safiyyah that she is such and such (the other version than Musaddad's has:) meaning that she was short-statured. He replied; You have said a word which would change the sea if it were mixed in it. She said: I imitated a man before him (out of disgrace). He said: I do not like that I imitate anyone even if I should get such and such.

Malik related to me from Ibn Shihab from Ibn Muhayyisa al-Ansari, one of the Banu Haritha, that he asked permission from the Messenger of Allah, may Allah bless him and grant him peace, to give payment for cupping, and he forbade him to do it. He continued to ask and seek his permission until he said, "Feed the ones who drive your water-carrying camels," meaning "your slaves."

When the Verse:--'Those who believe and did not confuse their belief with wrong (worshipping others besides Allah).' (6.82) was revealed, it was hard on the companions of the Prophet and they said, "Who among us has not wronged (oppressed) himself?" Allah's Apostle said, "The meaning of the Verse is not as you think, but it is as Luqman said to his son, 'O my son! Join not in worship others with Allah, Verily! Joining others in worship with Allah is a great wrong indeed.'" (31.13)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone breaks an oath which he has stressed, he has to free a slave, or clothe ten poor people. If someone breaks an oath, but has not stressed it, he only has to feed ten poor people and each poor person is fed a mudd of wheat. Some one who does not have the means for that, should fast for three days."

Abu Dawud said: 'Abd Allah b. 'Umar narrated the word utira (instead of wutira, meaning perished). The dispute on this point goes back to Ayyub. Al-Zuhri reported from Salim on the authority of this father from the Prophet (saws) the word 'wutira'.

Regarding His (Allah's) Statement:-- 'Move not your tongue concerning (the Qur'an) to make haste therewith.' (75.16) And whenever Gabriel descended to Allah's Apostle with the Divine Inspiration, Allah's Apostle used to move his tongue and lips, and that used to be hard for him, and one could easily recognize that he was being inspired Divinely. So Allah revealed the Verse which occurs in the Surah starting with "I do swear by the Day of Resurrection.' (75.1) i.e. 'Move not your tongue concerning (the Qur'an) to make haste then with. It is for Us to collect it (in your mind) (O Muhammad) an give you the ability to recite it 'by heart.' (75.16-17) which means: It is for us to collect it (in your mind) and give you the ability to recite it by heart. And when We have recited it to you (O Muhammad) through Gabriel then follow you its recital. (75.18) means: 'When We reveal it (the Qur'an) to you, Listen to it.' for then: It is for Us to explain it and make it clear to you' (75.19) i.e. It is up to Us to explain it through your tongue. So, when Gabriel came to him, Allah's Apostle would listen to him attentively, and as soon as Gabriel left, he would recite the Revelations, as Allah had promised him.

Abu Dawud said : This tradition has been narrated al-Zuhri from Abu Salamah b. ‘Abd al-Rahman on the authority of Abu Hurairah. It says: When he stood at the place of prayer, we waited for his utterance of takbir (Allah-u akbar).He went away and said : (remain) as you were.

Another version on the authority of Muhammad reporting from the Prophet (saws) says: He uttered takbir (Allah-u-Akbar) and then made a sign to the people, meaning "sit down". He then went away and took a bath. This tradition has also been narrated through a different chain. It says: The Messenger of Allah (saws) uttered takbir (Allah-u-akbar) in a prayer.

Abu Dawud said: Another version through a different chain says; The Prophet (May peace be upon him) uttered takbir (Allah-u akbar).

Mu'awiyah asked: Messenger of Allah, what is the right of the wife of one of us over him? He replied: That you should give her food when you eat, clothe her when you clothe yourself, do not strike her on the face, do not revile her or separate yourself from her except in the house.

Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you".

Two men brought their dispute to the Prophet (saws). The Prophet (saws) asked the plaintiff to produce evidence, but he had no evidence. So he asked the defendant to swear. He swore by Allah "There is no god but He."

The Messenger of Allah (saws) said: Yes, you have done it, but you have been forgiven for the sincerity of the statement: "There is no god but Allah."

Abu Dawud said: This tradition means that he did not command him to make atonement

I passed by a river. I entered it and took a bath in it. When I came out, I had fever. The Messenger of Allah (saws) was informed about it. He said: Ask AbuThabit to seek refuge in Allah from that I asked: O my Lord, will the spell be useful? He replied: No, the spell is to be used except for the evil eye or a snake bite or a scorpion sting.

Abu Dawud said: Humah means the biting of snakes and sting of the poisonous insects.