Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, ...

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 ...

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 ...

the Prophet said: "Indeed Bilal calls the Adhan in the night, so eat and drink until you hear the Adhan of Ibn Umm Maktum."

The Messenger of Allah said: "There is no vow for the son of Adam over what he has no control, and there is no emancipating he can do for one whom he does not own, and there is no divorce for him regarding that which he has no control over."

“I heard Ali bin Abi Talib saying: “the Messenger of Allah dispatched us – myself, Az-Zubair, and Al-Miqad bin Al- Aswad. He said: “Proceed until you reach Rawdah Khakh, where there is a lady carrying a letter. Take the letter from her and bring it to me.” So we proceeded on our way with our horses galloping until we reached the Rawdah. There we found the lady and said to her: “Give me the letter.” She said: “I have no letter.” We said: “Either you take out the letter, or we shall take off your clothes.’” He said: ‘So she took it out of her braid.’ He said: ‘We brought it to the Messenger of Allah, and it was from Hatib bin Abi Balta’ah, addressed to some of people among the idolaters of Makkah, infrmed them of some matter regarding the Prophet. So he said: “What is this O Hatib?” He said: “Do not be hasty with me O Messenger of Allah! I was a person who is an ally to the Quraish, not being related to them. The Muhajirun who are with you have relatives who can protect their families and their wealth in Makkah. So since I have no lineage among them, I wanted to do them a favor, so they might protect my relatives. I did not do this out of disbelief, nor to renegade from my religion, nor did I do it to chose disbelief [after Islam].” The Prophet said: “He said the truth.” Umar bin Al-Khattab said: “Allow me to chop off the head of this hypocrite!” The Prophet said: “Indeed he participated in (the battle of) Badr. You do not know, perhaps Allah looked at those who attended Badr and said: ‘O people of Badr! Do as you like, for I have forgiven you.’” He said: ‘It was about him, that this Surah was revealed: O you who believe! Do not take My enemies and your enemies as protecting friends showing affection towards them.’”

from Ubadah bin As-Samit, he said: "I entered upon him while he was dying, so I cried, and he said: "There now, why are you crying? For by Allah, if I am a martyr , then I will intercede for you, and if I can I will benefit you,' then he said: 'By Allah! There is no Hadith which I heard from the Messenger of Allah (SAW) which is good for you but I narrate it to you today, while I am near death. I heard the Messenger of Allah (SAW) say: "Whoever testifies to La Ilaha Illallah and that Muhammad is the Messenger of Allah, then Allah has forbidden the fire for him."

He heard Messenger of Allah (PBUH) as saying: "Three men, amongst those who came before you, set out until night came and they reached a cave, so they entered it. A rock fell down from the mountain and blocked the entrance of the cave. They said: 'Nothing will save you from this unless you supplicate to Allah by virtue of a righteous deed you have done.' Thereupon, one of them said: 'O Allah! I had parents who were old, and I used to offer them milk before any of my children or slaves. One day, I went far away in search of grazing and could not come back until they had slept. When I milked as usual and brought the drink I found them both asleep. I hated to disturb them and also disliked to give milk to my children before them. My children were crying out of hunger at my feet but I awaited with the bowl in my hand for them to wake up. When they awoke at dawn, they drank milk. O Allah! If I did so to seek Your Pleasure, then deliver us from the distress caused by the rock'. The rock moved slightly but they were unable to escape. The next said: 'O Allah! I had a cousin whom I loved more than any one else (in another version he said: as a man can love a woman). I wanted to have sexual intercourse with her but she refused. Hard pressed in a year of famine, she approached me. I gave her one hundred and twenty dinars on condition that she would yield herself to me. She agreed and when we got together (for sexual intercourse), she said: Fear Allah and do not break the seal unlawfully. I moved away from her in spite of the fact that I loved her most passionately; and I let her keep the money I had given her. O Allah! If I did that to seek Your Pleasure, then, remove the distress in which we are.' The rock moved aside a bit further but they were still unable to get out. The third one said: 'O Allah! I hired some labourers and paid them their wages except one of them departed without taking his due. I invested his money in business and the business prospered greatly. After a long time, he came to me and said: O slave of Allah! Pay me my dues. I said: All that you see is yours - camels, cattle, goats and slaves. He said: O slave of Allah! Do not mock at me. I assured him that I was not joking. So he took all the things and went away. He spared nothing. O Allah! If I did so seeking Your Pleasure, then relieve us of our distress.' The rock slipped aside and they got out walking freely".

[Al-Bukhari ...