Allah's Apostles said to me, "Will you relieve me from Dhul-Khalasa? Dhul-Khalasa was a house (of an idol) belonging to the tribe of Khath'am called Al-Ka`ba Al-Yama-niya. So, I proceeded with one hundred and fifty cavalry men from the tribe of Ahmas, who were excellent knights. It happened that I could not sit firm on horses, so the Prophet , stroke me over my chest till I saw his finger-marks over my chest, he said, 'O Allah! Make him firm and make him a guiding and rightly guided man.' " Jarir proceeded towards that house, and dismantled and burnt it. Then he sent a messenger to Allah's Apostle informing him of that. Jarir's messenger said, "By Him Who has sent you with the Truth, I did not come to you till I had left it like an emancipated or gabby camel (i.e. completely marred and spoilt)." Jarir added, "The Prophet asked for Allah's Blessings for the horses and the men of Ahmas five times."

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 ...

We were informed that Musailima Al-Kadhdhab had arrived in Medina and stayed in the house of the daughter of Al-Harith. The daughter of Al-Harith bin Kuraiz was his wife and she was the mother of `Abdullah bin 'Amir. There came to him Allah's Apostle accompanied by Thabit bin Qais bin Shammas who was called the orator of Allah's Apostle. Allah's Apostle had a stick in his hand then. The Prophet stopped before Musailima and spoke to him. Musailima said to him, "If you wish, we would not interfere between you and the rule, on condition that the rule will be ours after you... The Prophet said, "If you asked me for this stick, I would not give it to you. I think you are the same person who was shown to me in a dream. And this is Thabit bin Al-Qais who will answer you on my behalf." The Prophet then went away. I asked Ibn `Abbas about the dream Allah's Apostle had mentioned. Ibn `Abbas said, "Someone told me that the Prophet said, "When I was sleeping, I saw in a dream that two gold bangles were put in my hands, and that frightened me and made me dislike them. Then I was allowed to blow on them, and when I blew at them, both of them flew. Then I interpreted them as two liars who would appear.' One of them was Al-`Ansi who was killed by Fairuz in Yemen and the other was Musailima Al-Kadhdbab."

Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayba that Umar ibn al-Khattab gave the grandfather "what people give him today."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to adorn his daughters and slave-girls with gold jewellery and he did not take any zakat from their jewellery.

Malik said, "Anyone who has unminted gold or silver, or gold and silver jewellery which is not used for wearing, must pay zakat on it every year. It is weighed and one-fortieth is taken, unless it falls short of twenty dinars of gold or two hundred dirhams of silver, in which case there is no zakat to pay. Zakat is paid only when jewellery is kept for purposes other than wearing. Bits of gold and silver or broken jewellery which the owner intends to mend to wear are in the same position as goods which are worn by their owner - no zakat has to be paid on them by the owner."

Malik said, "There is no zakat (to pay) on pearls, musk or amber."

Abu Dawud said : This tradition has also been narrated by Habib b. al-shahid, Humaid, Yunus, and Asim b. al-Ahwal, from Muhammad on the authority of abu Hurairah none of them mentioned what Hammad b. Zaid mentioned from from Hisham that he uttered the takbir; then uttered the takbir and prostrated himself. Hammad b. Sulaimah and Abu BAkr b. ‘Ayyash also narrated this tradition from Hisham, but they did not narrate from him what HAmmad b. zaid narrated that he uttered the takbir and again uttered the takbir.

Some of the companions of the Prophet went on a journey till they reached some of the 'Arab tribes (at night). They asked the latter to treat them as their guests but they refused. The chief of that tribe was then bitten by a snake (or stung by a scorpion) and they tried their best to cure him but in vain. Some of them said (to the others), "Nothing has benefited him, will you go to the people who resided here at night, it may be that some of them might possess something (as treatment)," They went to the group of the companions (of the Prophet ) and said, "Our chief has been bitten by a snake (or stung by a scorpion) and we have tried everything but he has not benefited. Have you got anything (useful)?" One of them replied, "Yes, by Allah! I can recite a Ruqya, but as you have refused to accept us as your guests, I will not recite the Ruqya for you unless you fix for us some wages for it." They agrees to pay them a flock of sheep. One of them then went and recited (Surat-ul-Fatiha): 'All the praises are for the Lord of the Worlds' and puffed over the chief who became all right as if he was released from a chain, and got up and started walking, showing no signs of sickness. They paid them what they agreed to pay. Some of them (i.e. the companions) then suggested to divide their earnings among themselves, but the one who performed the recitation said, "Do not divide them till we go to the Prophet and narrate the whole story to him, and wait for his order." So, they went to Allah's Apostle and narrated the story. Allah's Apostle asked, "How did you come to know that Suratul- Fatiha was recited as Ruqya?" Then he added, "You have done the right thing. Divide (what you have earned) and assign a share for me as well." The Prophet smiled thereupon.

"You should not pass urine in stagnant water which is not flowing then (you may need to) wash in it."

On his father's authority, said that his grandfather told that a A man came to the Prophet (saws) crying for help. He said: His slave-girl, Messenger of Allah! He said: Woe to you, what happened with you ? He said that it was an evil one. He saw the slave-girl of his master; he became jealous of him, and cut off his penis. The Messenger of Allah (saws) said: Bring the man to me. The man was called, but people could not get control over him. The Messenger of Allah (saws) then said: Go away, you are free. He asked: Messenger of Allah! upon whom does my help lie? He replied: On every believer, or he said: On every Muslim.

Abu Dawud said: The name of the man who was emancipated was Rawh b. Dinar

Abu Dawud said: The man who cut off the penis was Zinba'

Abu Dawud said: The Zinba' Abu Rawh was master of the slave.

Jarir bin `Abdullah said to me, "Allah's Apostle said to me, 'Won't you relieve me from Dhul- Khalasa?' Dhul-Khalasa was a house where the tribe of Khatham used to stay, and it used to be called Ka`bat-ul Yamaniya. So I proceeded with one hundred-and-fifty (men) from the tribe of Ahmas who were good cavalry. I informed the Prophet that I could not sit firm on horses, so he stroke me on the chest with his hand and I noticed his finger marks on my chest. He invoked, 'O Allah! Make him firm and a guiding and rightly-guided man." Jarir set out towards that place, dismantled and burnt it, and then sent the good news to Allah's Apostle . The messenger of Jarir said to Allah's Apostle. "O Allah's Apostle! By Him Who has sent you with the Truth, I did not come to you till it (i.e. the house) had been turned (black) like a scabby camel (covered with tar)." So the Prophet invokes Allah to Bless the horses of the men of Ahmas five times.

Two men, a Muslim and a Jew, abused each other. The Muslim said, "By Him Who gave superiority to Muhammad over all the people." On that, the Jew said, "By Him Who gave superiority to Moses over all the people." The Muslim became furious at that and slapped the Jew in the face. The Jew went to Allah's Apostle and informed him of what had happened between him and the Muslim. Allah's Apostle said, "Don't give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection and I will be the first to gain consciousness, and behold ! Moses will be there holding the side of Allah's Throne. I will not know whether Moses has been among those people who have become unconscious and then has regained consciousness before me, or has been among those exempted by Allah from falling unconscious."

When Ibn Ziyad and Marwan were in Sham and Ibn Az-Zubair took over the authority in Mecca and Qurra' (the Kharijites) revolted in Basra, I went out with my father to Abu Barza Al-Aslami till we entered upon him in his house while he was sitting in the shade of a room built of cane. So we sat with him and my father started talking to him saying, "O Abu Barza! Don't you see in what dilemma the people has fallen?" The first thing heard him saying "I seek reward from Allah for myself because of being angry and scornful at the Quraish tribe. O you Arabs! You know very well that you were in misery and were few in number and misguided, and that Allah has brought you out of all that with Islam and with Muhammad till He brought you to this state (of prosperity and happiness) which you see now; and it is this worldly wealth and pleasures which has caused mischief to appear among you. The one who is in Sham (i.e., Marwan), by Allah, is not fighting except for the sake of worldly gain: and those who are among you, by Allah, are not fighting except for the sake of worldly gain; and that one who is in Mecca (i.e., Ibn Az-Zubair) by Allah, is not fighting except for the sake of worldly gain."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

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."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to send the zakat al-fitr to the one with whom it was collected together two or three days before the day of breaking the fast.