'Umar consulted the people about the compensation of abortion of woman. Al-Mughirah b. Shu'bah said: I was present with the Messenger of Allah (saws) when he gave judgement that a male or female slave should testify you. So he brought Muhammad b. Maslamah to him. Harun added: He then testified him.

Imlas means a man striking the belly of his wife.

Abu Dawud said: I have been informed that Abu 'Ubaid said: It (abortion) is called imlas because the woman causes it to slip before the time of delivery. Similarly, anything which slips from the hand or from some other thing is called malasa (slipped).

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of ...

When the people encamped, (the narrator Amr ibn Uthman al-Himsi) said: When the Messenger of Allah (saws) encamped, the people scattered in the glens and wadis. The Messenger of Allah (saws) said: Your scattering in these glens and wadis is only of the devil. They afterwards kept close together when they encamped to such an extent that it used to be said that if a cloth were spread over them, it would cover them all.

The Prophet (saws) said: A boy is in pledge for his Aqiqah. Sacrifice is made for him on the seventh day, his head is shaved and is smeared with blood.

When Qatadah was asked about smearing with blood, how that should be done, he said: When you cut the head (i.e. throat) of the animal (meant for Aqiqah), you may take a few hair of it, place them on its veins, and then place them in the middle of the head of the infant, so that the blood flows on the hair (of the infant) like a threat. Then its head may be washed and shaved off.

Abu Dawud said: In narrating the word "is smeared with blood" (yudamma) there is a misunderstanding on the part of Hammam.

Abu Dawud said: Hammam has been opposed in narrating the words "is smeared with blood". This is misunderstanding of Hammam. They narrated he word "he is given a name (yusamma) and Hammam narrated it "is smeared with blood" (yudamma).

Abu Dawud said: This tradition is not followed.

They came to an-Nu'man and said: You have set them free without beating and investigation. An-Nu'man said: What do you want? You want me to beat them. If your goods are found with them, then it is all right; otherwise, I shall take (retaliation) from your back as I have taken from their backs. They asked: Is this your decision? He said: This is the decision of Allah and His Apostle (saws).

Abu Dawud said: By this statement he frightened them ; that is, beating is not necessary except after acknowledgement.

Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."

Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab saw a silk robe at the door of the mosque. He said, "Messenger of Allah, would you buy this robe and wear it on jumua and when envoys come to you?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Only a person who has no portion in the next world wears this." Then the Messenger of Allah, may Allah bless him and grant him peace, was brought some robes of the same material and gave Umar ibn al-Khattab one of the robes. Umar said, "Messenger of Allah, do you clothe me in it when you said what you said about the robe of Utarid?" The Messenger of Allah, may Allah bless him and grant him peace, said, "I did not give it to you to wear." Umar gave it to a brother of his in Makka who was still an idolater.

Malik related to me from Muhammad ibn al-Munkadir that Umayma bint Ruqayqa said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, with the women who took an oath of allegiance with him in Islam. They said, 'Messenger of Allah! We take a pledge with you not to associate anything with Allah, not to steal, not to commit adultery, not to kill our children, nor to produce any lie that we have devised between our hands and feet, and not to disobey you in what is known.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'In what you can do and are able.' "

Umayma continued, "They said, 'Allah and His Messenger are more merciful to us than ourselves. Come, let us give our hands to you, Messenger of Allah!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'I do not shake hands with women. My word to a hundred women is like my word to one woman.' "

(the wife of the Prophet), I never saw Allah's Apostle laughing loudly enough to enable me to see his uvula, but he used to smile only. And whenever he saw clouds or winds, signs of deep concern would appear on his face. I said, "O Allah's Apostle! When people see clouds they usually feel happy, hoping that it would rain, while I see that when you see clouds, one could notice signs of dissatisfaction on your face." He said, "O `Aisha! What is the guarantee for me that there will be no punishment in it, since some people were punished with a wind? Verily, some people saw (received) the punishment, but (while seeing the cloud) they said, 'This cloud will give us rain.' "

The Prophet said, "Your life in comparison to the lifetime of the past nations is like the period between the time of `Asr prayer and sunset. Your example and the example of the Jews and Christians is that of person who employed laborers and said to them, "Who will work for me till the middle of the day for one Qirat (a special weight)?' The Jews did. He then said, "Who will work for me from the middle of the day till the `Asr prayer for one Qirat each?" The Christians worked accordingly. Then you (Muslims) are working from the `Asr prayer till the Maghrib prayer for two Qirats each. They (the Jews and the Christians) said, 'We did more labor but took less wages.' He (Allah) said, 'Have I wronged you in your rights?' They replied, 'No.' Then He said, 'This is My Blessing which I give to whom I wish."

I went to Allah's Apostle along with a a son of mine whose palate and tonsils I had pressed with my finger as a treatment for a (throat and tonsil) disease. The Prophet said, "Why do you pain your children by pressing their throats! Use Ud Al-Hindi (certain Indian incense) for it cures seven diseases, one of which is pleurisy. It is used as a snuff for treating throat and tonsil disease and it is inserted into one side of the mouth of one suffering from pleurisy."

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.

The Prophet looked at a man fighting against the pagans and he was one of the most competent persons fighting on behalf of the Muslims. The Prophet said, "Let him who wants to look at a man from the dwellers of the (Hell) Fire, look at this (man)." Another man followed him and kept on following him till he (the fighter) was injured and, seeking to die quickly, he placed the blade tip of his sword between his breasts and leaned over it till it passed through his shoulders (i.e., committed suicide)." The Prophet added, "A person may do deeds that seem to the people as the deeds of the people of Paradise while in fact, he is from the dwellers of the (Hell) Fire: and similarly a person may do deeds that seem to the people as the deeds of the people of the (Hell) Fire while in fact, he is from the dwellers of Paradise. Verily, the (results of) deeds done, depend upon the last actions."

While we were in the mosque, Allah's Apostle came out to us and said, "Let us proceed to the Jews." So we went along with him till we reached Bait-al-Midras (a place where the Torah used to be recited and all the Jews of the town used to gather). The Prophet stood up and addressed them, "O Assembly of Jews! Embrace Islam and you will be safe!" The Jews replied, "O Aba-l-Qasim! You have conveyed Allah's message to us." The Prophet said, "That is what I want (from you)." He repeated his first statement for the second time, and they said, "You have conveyed Allah's message, O Aba-l- Qasim." Then he said it for the third time and added, "You should Know that the earth belongs to Allah and His Apostle, and I want to exile you fro,,, this land, so whoever among you owns some property, can sell it, otherwise you should know that the Earth belongs to Allah and His Apostle." (See Hadith No. 392, Vol. 4)

Yahya related to me from Malik, from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah at-Taymi, from Nafi, the mawla of Abu Qatada al- Ansari, that Abu Qatada was once with the Messenger of Allah, may Allah bless him and grant him peace. When they got to one of the roads to Makka he fell behind with some companions of his who were muhrim, while he was not. Then he saw a wild ass, so he got on his mount and asked his companions to give him his whip but they refused. Then he asked them for his spear and they refused to give it to him. So he took hold of it and attacked the ass and killed it. Some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, ate from it, and others refused. When they had caught up with the Messenger of Allah, may Allah bless him and grant him peace, they asked him about it and he said, "It is food that Allah has fed you with."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband has damages against her guardian."

Malik said, "The husband has damages against her guardian when the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."

The Prophet prayed one of the `Isha' prayer in his last days and after finishing it with Taslim, he stood up and said, "Do you realize (the importance of) this night? Nobody present on the surface of the earth tonight would be living after the completion of one hundred years from this night." The people made a mistake in grasping the meaning of this statement of Allah's Apostle and they indulged in those things which are said about these narrators (i.e. some said that the Day of Resurrection will be established after 100 years etc.) But the Prophet said, "Nobody present on the surface of earth tonight would be living after the completion of 100 years from this night"; he meant "When that century (people of that century) would pass away."

A man said to the Prophet "Tell me of such a deed as will make me enter Paradise." The people said, "What is the matter with him? What is the matter with him?" The Prophet said, "He has something to ask. (What he needs greatly) The Prophet said: (In order to enter Paradise) you should worship Allah and do not ascribe any partners to Him, offer prayer perfectly, pay the Zakat and keep good relations with your Kith and kin." (See Hadith No. 12, Vol 8).

`Umar asked the people, "Who remembers the narration of the Prophet about the affliction?" Hudhaifa said, "I heard the Prophet saying, 'The affliction of a person in his property, family and neighbors is expiated by his prayers, fasting, and giving in charity." `Umar said, "I do not ask about that, but I ask about those afflictions which will spread like the waves of the sea." Hudhaifa replied, "There is a closed gate in front of those afflictions." `Umar asked, "Will that gate be opened or broken?" He replied, "It will be broken." `Umar said, "Then the gate will not be closed again till the Day of Resurrection." We said to Masruq, "Would you ask Hudhaifa whether `Umar knew what that gate symbolized?" He asked him and he replied "He (`Umar) knew it as one knows that there will be night before tomorrow, morning.

"The Prophet (saws) was asked about eating a mastigure and he said: 'I do not eat it, and I do not prohibit eating it.'"

[He said:] There are narrations on this topic from 'Umar, Abu Sa'eed, Ibn 'Abbas, Thabit bin Wadi'ah, Jabir, and 'Abdur-Rahman bin Hasanah.

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

The People of knowledge have differed over eating mastigure. Some of the people of knowledge among the Companions of the Prophet (saws) and others permitted it, while others considered it disliked. It has been related that Ibn 'Abbas said: "Mastigure was eaten on the dining spread of the Messenger of Allah (saws), and the Messenger of Allah (saws) only avoided it because it was distasteful to him."

That the Prophet (saws) said: "Whoever buys food, then he is not to sell it until he takes possession of it." Ibn 'Abbas said: "All things are considered the same (in this regard)."

[He said:] There are narrations on this topic from Jabir, Ibn 'Umar, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith.

The Messenger of Allah (saws) offered prayer. The version of the narrator Ibrahim goes: I do not know whether he increased or decreased (the rak'ahs of prayer).

When he gave the salutation, he was asked: Has something new happened in the prayer, Messenger of Allah? He said: What is it? They said: You prayed so many and so many (rak'ahs). He then relented his foot and faced the Qiblah and made two prostrations. He then gave the salutation. When he turned away (finished the prayer), he turned his face to us and said: Had anything new happened in prayer, I would have informed you. I am only a human being and I forget just as you do; so when I forget, remind me, and when any of you is in doubt about his prayer he should aim at what is correct, and complete his prayer in that respect, then give the salutation and afterwards made two prostrations.

Allah's Apostle said, "Your example and the example of Jews and Christians is like the example of a man who employed some laborers to whom he said, 'Who will work for me up to midday for one Qirat each?' The Jews carried out the work for one Qirat each; and then the Christians carried out the work up to the `Asr prayer for one Qirat each; and now you Muslims are working from the `Asr prayer up to sunset for two Qirats each. The Jews and Christians got angry and said, 'We work more and are paid less.' The employer (Allah) asked them, 'Have I usurped some of your right?' They replied in the negative. He said, 'That is My Blessing, I bestow upon whomever I wish.' "

Allah's Apostle said, "Whoever has oppressed another person concerning his reputation or anything else, he should beg him to forgive him before the Day of Resurrection when there will be no money (to compensate for wrong deeds), but if he has good deeds, those good deeds will be taken from him according to his oppression which he has done, and if he has no good deeds, the sins of the oppressed person will be loaded on him."

`Umar saw a silken cloak over a man for sale and requested the Prophet to buy it in order to wear it on Fridays and while meeting delegates. The Prophet said, "This is worn by the one who will have no share in the Hereafter." Later on Allah's Apostle got some silken cloaks similar to that one, and he sent one to `Umar. `Umar said to the Prophet "How can I wear it, while you said about it what you said?" The Prophet said, "I have not given it to you to wear, but to sell or to give to someone else." So, `Umar sent it to his brother at Mecca before he embraced Islam.

I and `Uthman bin `Affan went to Allah's Apostle and said, "O Allah's Apostle! You have given to Bani Al-Muttalib and left us although they and we are of the same kinship to you." Allah's Apostle said, "Bani Muttalib and Bani Hashim are one and the same." The Prophet did not give a share to Bani `Abd Shams and Bani Naufai. (Ibn 'Is-haq said, "Abd Shams and Hashim and Al-Muttalib were maternal brothers and their mother was 'Atika bint Murra and Naufal was their paternal brother.)

The people of Quraish worried about the lady from Bani Makhzum who had committed theft. They asked, "Who will intercede for her with Allah's Apostle?" Some said, "No one dare to do so except Usama bin Zaid the beloved one to Allah's Apostle ." When Usama spoke about that to Allah's Apostle Allah's Apostle said, (to him), "Do you try to intercede for somebody in a case connected with Allah's Prescribed Punishments?" Then he got up and delivered a sermon saying, "What destroyed the nations preceding you, was that if a noble amongst them stole, they would forgive him, and if a poor person amongst them stole, they would inflict Allah's Legal punishment on him. By Allah, if Fatima, the daughter of Muhammad stole, I would cut off her hand."

Anas said, "The Prophet sent seventy men, called Al-Qurra 'for some purpose. The two groups of Bani Sulaim called Ri'l and Dhakwan, appeared to them near a well called Bir Ma'una. The people (i.e. Al- Qurra) said, 'By Allah, we have not come to harm you, but we are passing by you on our way to do something for the Prophet.' But (the infidels) killed them. The Prophet therefore invoked evil upon them for a month during the morning prayer. That was the beginning of Al Qunut and we used not to say Qunut before that." A man asked Anas about Al-Qunut, "Is it to be said after the Bowing (in the prayer) or after finishing the Recitation (i.e. before Bowing)?" Anas replied, "No, but (it is to be said) after finishing the Recitation."

The Messenger of Allah (saws) would be overtaken by the dawn when he was in a state of sexual defilement. The narrator 'Abd Allah al-Adhrami said in his version: During Ramadan, due to sexual intercourse and no owing to a dream (i.e. nocturnal emission), and would fast.

Abu Dawud said: How brief is this sentence uttered by the narrator, this is, "he was overtaken by daw when he was in the state of sexual defilement"? The tradition says: The Prophet (saws) was overtaken by dawn in the state of sexual defilement when he was fasting.

It was narrated that ‘Abul-`Ajfa` as-Sulami said: I heard ‘Umar say: Do not make women`s dowries expensive,... and he mentioned the same hadeeth.

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting ...

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of ...