Yahya related to me from Malik from Abdullah ibn Dinar from Sulayman ibn Yasar and from Urwa ibn az-Zubayr from A'isha umm al- muminin, that the Messenger of Allah, may Allah bless him and grant him peace, said, " What is haram by birth is haram by suckling."

Allah's Apostle (p.b.u.h) offered the Fajr prayer when it was still dark, then he rode and said, 'Allah Akbar! Khaibar is ruined. When we approach near to a nation, the most unfortunate is the morning of those who have been warned." The people came out into the streets saying, "Muhammad and his army." Allah's Apostle vanquished them by force and their warriors were killed; the children and women were taken as captives. Safiya was taken by Dihya Al-Kalbi and later she belonged to Allah's Apostle go who married her and her Mahr was her manumission.

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "My inheritance is not divided up by the dinar. What I leave apart from the maintenance of my wives and provision for my servant is sadaqa."

That he heard 'Umar bin Al-Khattab saying: "I heard the Messenger of Allah (saws) saying: 'The martyrs are four: A believing man whose faith is good, he meets the enemy and proves faithful to Allah until he is killed. That is the one to whom the people will raise up their eyes like this on the Day of Judgement' and he raised his head until his Qalansuwah fell - [he said:] I do not know if it was 'Umar's Qalansuwah or the Qalansuwah of the Prophet (saws) that fell - he said, 'And a believing man whose faith is good (but not as brave as first), he meets the enemy, but due to cowardice, it only appears that he was struck with a thorn of an acacia tree when an unexpected arrow comes to him, yet it kills him. He is among the second level. And a believing man who has mixed righteous deed with another evil one, he meets his enemy and proves faithful to Allah until he is killed. This one is in the third level. And a believing man who wasted himself (in wrongdoing), he meets the enemy and proves faithful to Allah until he is killed. This one is in the fourth level.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib, it is not known except as a narration of 'Ata bin Dinar.

He said: I heard Muhammad saying: "Sa'eed bin Abi Ayyub reported this Hadith from 'Ata bin Dinar - from some Shaikhs of Khawlan - and he did not mention 'from Abu Yazid' in it." And he said: "'Ata bin Dinar; there is no harm in him."

Yahya related to me from Malik from Yahya ibn Said that a man came to Umar ibn al-Khattab and asked him about some locusts he had killed while he was in ihram. Umar said to Kab, "Come, let's decide." Kab said, "A dirham," and Umar said to Kab, "You can find dirhams. A date is better than a locust."

I used to sell camels at al-Baqi for dinars and take dirhams for them, and sell for dirhams and take dinars for them. I would take these for these and give these for these. I went to the Messenger of Allah (saws) who was in the house of Hafsah. I said: Messenger of Allah , take it easy, I shall ask you (a question): I sell camels at al-Baqi'. I sell (them) for dinars and take dirhams and I sell for dirhams and take dinars. I take these for these, and give these for these. The Messenger of Allah (saws) then said: There is no harm in taking them at the current rate so long as you do not separate leaving something to be settled.

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad said, "People used to be ordered to place their right hands on their left forearms in the prayer."

Abu Hazim added, "I know for sure that Sahl traces that back to the Prophet, may Allah bless him and grant him peace."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that Umar ibn al-Khattab used to say, "Do not intend to do your prayer at either sunrise or sunset, for the horns of Shaytan rise with the rising of the sun and set with its setting."

Umar used to beat people for that kind of prayer.

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "It has not been a long time for me and I have not forgotten. A thief's hand is cut off for a quarter of a dinar and upwards."

Yahya related to me from Malik from Nafi and Abdullah ibn Dinar and Zayd ibn Aslam that all of them informed him from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "On the Day of Rising, Allah will not look at a person who drags his garment in arrogance."

Malik related to me from Abdullah ibn Dinar that Abu Salih as- Samman informed him that Abu Hurayra said, "Truly a man utters words to which he attaches no importance, and by them he falls into the fire of Jahannam, and truly a man utters words to which he attaches no importance, and by them Allah raises him into the Garden."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

On his father's authority, said that his grandfather reported that the value of the blood-money at the time of the Messenger of Allah (saws) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims.

He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.

Malik related to me from Abdullah ibn Dinar from Abdullah ibn Umar that a man called the Messenger of Allah and said, "Messenger of Allah, what do you think about lizards?" The Messenger of Allah, may Allah bless him and grant him peace, said, "I do not eat them, and I do not forbid them."

Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said, "He should not take any of it unless the investor is present. If he takes something from it, he is responsible for it until it is accounted for in the division of the capital."

Malik said, "It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present, and the investor is given the principal in full. Then they divide the profit into their agreed portions."

Malik spoke about a man taking qirad money, and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor, and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said, "None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them."

Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set aside and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said, "It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions."

Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said, "This is your portion of the profit, and I have taken the like of it for myself, and I have retained your principal in full." Malik said, "I do not like that, unless all the capital is present, the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes, or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it, and so may want it not to be removed from him and to keep it in his hand."

Yahya related to me from Malik from Ibn Shihab from Malik ibn Aus ibn al-Hadathan an-Nasri that one time he asked to exchange 100 dinars. He said, "Talha ibn Ubaydullah called me over and we made a mutual agreement that he would make an exchange for me. He took the gold and turned it about in his hand, and then said, 'I can't do it until my treasurer brings the money to me from al-Ghaba.' Umar ibn al- Khattab was listening and Umar said, 'By Allah! Do not leave him until you have taken it from him!' Then he said, 'The Messenger of Allah, may Allah bless him and grant him peace, said, "Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand." "'

Malik said, "When a man buys dirhams with dinars and then finds a bad dirham among them and wants to return it, the exchange of the dinars breaks down, and he returns the silver and takes back his dinars. The explanation of what is disapproved of in that is that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Gold for silver is usury except hand to hand.' and Umar ibn al-Khattab said, 'If someone asks you to wait to be paid until he has gone back to his house, do not leave him.' When he returns a dirham to him from the exchange after he has left him, it is like a debt or something deferred. For that reason, it is disapproved of, and the exchange collapses. Umar ibn al-Khattab wanted that all gold, silver and food should not be sold for goods to be paid later. He did not want there to be any delay or deferment in any such sale, whether it involved one commodity or different sorts of commodities."

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

Malik related to me from Yahya ibn Said that he heard Muhammad ibn al-Munkadir say, "Allah loves his slave who is generous when he sells, and generous when he buys, generous when he repays, and generous when he is repaid."

Malik said about a man who bought camels or sheep or dry goods or slaves or any goods without measuring precisely, "There is no buying without measuring precisely in anything which can be counted . "

Malik said about a man who gave a man goods to sell for him and set their price saying, "If you sell them for this price as I have ordered you to do, you will have a dinar (or something which he has specified, which they are both satisfied with), if you do not sell them, you will have nothing," "There is no harm in that when he names a price to sell them at and names a known fee. If he sells the goods, he takes the fee, and if he does not sell them, he has nothing."

Malik said, "This is like saying to another man, 'If you capture my runaway slave or bring my stray camel, you will have such-and-such.' This is from the category of reward, and not from the category of giving a wage. Had it been from the category of giving a wage, it would not be good."

Malik said, "As for a man who is given goods and told that if he sells them he will have a named percentage for every dinar, that is not good because whenever he is a dinar less than the price of the goods, he decreases the due which was named for him. This is an uncertain transaction. He does not know how much he will be given."

Ibn 'Umar reported that Allah's Messenger (may peace upon him) cut off the hand of a thief (in case of the theft) of a shield the price of which was three dirhams.

Yahya related to me from Malik that Ibn Shihab and also Urwa ibn az-Zubayr said the same as Said ibn al-Musayyab said about a woman. Her blood-money from a man is the same up to a third of the blood-money of a man. If what she is owed exceeds a third of the blood-money of the man, she is given up to half of the blood-money of a man.

Malik said, "The explanation of that is that she has blood-money for a head wound that lays bare the bone and one that splinters the bone and for what is less than the brain wound and the belly wound and the like of that of those which obliges a third of the blood-money or more. If the amount owed her exceeds that, her blood- money in that is half of the blood-money of a man."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A month has twenty-nine days in it. Do not start the fast or break it until you see the new moon. If the new moon is obscured from you, then work out (when it should be)."

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything.

Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (saws).

Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.

Abu Juhaifa said, "I asked `Ali, 'Have you got any book (which has been revealed to the Prophet apart from the Qur'an)?' `Ali replied, 'No, except Allah's Book or the power of understanding which has been bestowed (by Allah) upon a Muslim or what is (written) in this sheet of paper (with me).' Abu Juhaifa said, "I asked, 'What is (written) in this sheet of paper?' `Ali replied, it deals with The Diyya (compensation (blood money) paid by the killer to the relatives of the victim), the ransom for the releasing of the captives from the hands of the enemies, and the law that no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever).

regarding the Divine Verse: "O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness that you may take back part of the (Mahr) dower you have given them." (4.19) (Before this revelation) if a man died, his relatives used to have the right to inherit his wife, and one of them could marry her if he would, or they would give her in marriage if they wished, or, if they wished, they would not give her in marriage at all, and they would be more entitled to dispose her, than her own relatives. So the above Verse was revealed in this connection.

The same ,Hadith above: A man called Khidam married a daughter of his (to somebody) against her consent. 'If you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice.' (4.3) And if somebody says to the guardian (of a woman), "Marry me to soand- so," and the guardian remained silent or said to him, "What have you got?" And the other said, "I have so much and so much (Mahr)," or kept quiet, and then the guardian said, "I have married her to you," then the marriage is valid (legal). This narration was told by Sahl on the authority of the Prophet.

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

Allah's Apostle said, "There is no Zakat on less than five camels and also there is no Zakat on less than five Awaq (of silver). (5 Awaq = 22 Fransa Riyals of Yemen or 200 Dirhams.) And there is no Zakat on less than five Awsuq. (A special measure of food-grains, and one Wasq equals 60 Sa's.) (For gold 20, Dinars i.e. equal to 12 Guinea English. No Zakat for less than 12 Guinea (English) of gold or for silver less than 22 Fransa Riyals of Yemen.)

Narrated Abi Sa`id Al-Khudri:

I heard the Prophet saying (as above).