I heard An-Nu`man bin Bashir on the pulpit saying, "My father gave me a gift but `Amra bint Rawaha (my mother) said that she would not agree to it unless he made Allah's Apostle as a witness to it. So, my father went to Allah's Apostle and said, 'I have given a gift to my son from `Amra bint Rawaha, but she ordered me to make you as a witness to it, O Allah's Apostle!' Allah's Apostle asked, 'Have you given (the like of it) to everyone of your sons?' He replied in the negative. Allah's Apostle said, 'Be afraid of Allah, and be just to your children.' My father then returned and took back his gift."

Allah's Apostle said, "A man bought a piece of land from another man, and the buyer found an earthenware jar filled with gold in the land. The buyer said to the seller. 'Take your gold, as I have bought only the land from you, but I have not bought the gold from you.' The (former) owner of the land said, "I have sold you the land with everything in it.' So both of them took their case before a man who asked, 'Do you have children?' One of them said, "I have a boy.' The other said, "I have a girl.' The man said, 'Marry the girl to the boy and spend the money on both of them and give the rest of it in charity.'"

When the Prophet went to bed, he would say: "Bismika amutu wa ahya." and when he got up he would say:" Al-hamdu li l-lahil-ladhi ahyana ba'da ma amatana wa ilaihin-nushur."

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, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sa`d, the brother of Bani Sa`idi He said, "An Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah revealed concerning his affair what is mentioned in the Holy Qur'an about the affair of those involved in a case of Lian. The Prophet said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the mosque while I was present there. When they had finished, the man said, "O Allah's Apostle! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah's Apostle ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet ." Ibn Shihab added, "After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother's name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him." Ibn Shihab said that Sahl bin Sa`d As'Saidi said that the Prophet said (in the above narration), "If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then she delivered it in the shape one would dislike (as it proved her guilty).

By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."

A man alighted at Harrah with his wife and children. A man said (to him): My she-camel has strayed; if you find it, detain it.

He found it, but did not find its owner, and it fell ill. His wife said: Slaughter it. But he refused and it died.

She said: Skin it so that we may dry its fat and flesh and then eat them.

He said: Let me ask the Messenger of Allah (saws). So he came to him (the Prophet) and asked him. He said: Have you sufficient for your needs? He replied: No. He then said: Then eat it.

Then its owner came and he told him the story. He said: Why did you not slaughter it? He replied: I was ashamed (or afraid) of you.

When Al-Hasan bin `Ali moved with army units against Muawiya, `Amr bin AL-As said to Muawiya, "I see an army that will not retreat unless and until the opposing army retreats." Muawiya said, "(If the Muslims are killed) who will look after their children?" `Amr bin Al-As said: I (will look after them). On that, `Abdullah bin 'Amir and `Abdur-Rahman bin Samura said, "Let us meet Muawaiya and suggest peace." Al-Hasan Al-Basri added: No doubt, I heard that Abu Bakra said, "Once while the Prophet was addressing (the people), Al-Hasan (bin `Ali) came and the Prophet said, 'This son of mine is a chief, and Allah may make peace between two groups of Muslims through him."

Yahya related to me from Malik from Nafi that she saw Safiyya bint Abi Ubayd, the wife of Abdullah ibn 'Umar, take off her head- covering and wipe her head with water. Nafi was a child at the time.

Malik was asked about a man who did wudu but forgot to wipe his head until the water had dried. He said, "I consider that he should wipe his head and then repeat the prayer if he has already performed it."

Malik was asked about a man who did wudu but forgot to wipe his head until the water had dried. He said, "I consider that he should wipe his head and then repeat the prayer if he has already performed it."

Yahya related to me from Malik from Ibn Shihab that a son of Kab ibn Malik (Malik believed that ibn Shihab said it was Abd ar-Rahman ibn Kab) said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade those who fought ibn Abi Huqayq (a treacherous jew from Madina) to kill women and children. He said that one of the men fighting had said, 'The wife of ibn Abi Huqayq began screaming and I repeatedly raised my sword against her. Then I would remember the prohibition of the Messenger of Allah, may Allah bless him and grant him peace, so I would stop. Had it not been for that, we would have been rid of her.' "

Malik said, "The generally agreed upon way of doing things among us is that maternal half-siblings do not inherit anything when there are children or grandchildren through sons, male or female. They do not inherit anything when there is a father or the father's father. They inherit in what is outside of that. If there is only one male or female, they are given a sixth. If there are two, each of them has a sixth. If there are more than that, they share in a third which is divided among them. The male does not have portion of two females. That is because Allah, the Blessed, the Exalted, says in His Book, 'If a man or woman has no direct heir, and he has a brother or sister, by the mother, each of them has a sixth. If there are more than two, they share equally in a third.' " (Sura 4 ayat 12).

Ibn `Umar said, "The Prophet made incumbent on every male or female, free man or slave, the payment of one Sa' of dates or barley as Sadaqat-ul-Fitr (or said Sadaqa-Ramadan)." The people then substituted half Sa' of wheat for that. Ibn `Umar used to give dates (as Sadaqat-ul-Fitr). Once there was scarcity of dates in Medina and Ibn `Umar gave barley. 'And Ibn `Umar used to give Sadaqat-ul- Fitr for every young and old person. He even used to give on behalf of my children. Ibn `Umar used to give Sadaqat-ul-Fitr to those who had been officially appointed for its collection. People used to give Sadaqat-ul-Fitr (even) a day or two before the `Id.

AbdurRahman ibn Hasanah reported: I and Amr ibn al-'As went to the Prophet (saws). He came out with a leather shield (in his hand). He covered himself with it and urinated. Then we said: Look at him. He is urinating as a woman does. The Prophet (saws), heard this and said: Do you not know what befell a person from amongst Banu Isra'il (the children of Israel)? When urine fell on them, they would cut off the place where the urine fell; but he (that person) forbade them (to do so), and was punished in his grave.

Abu Dawud said: One version of Abu Musa has the wording: "he cut off his skin".

Another version of Abu Musa goes: "he cut off (part of) his body."

Allah's Apostle said, "On the night of my Ascension to Heaven, I saw (the prophet) Moses who was a thin person with lank hair, looking like one of the men of the tribe of Shanua; and I saw Jesus who was of average height with red face as if he had just come out of a bathroom. And I resemble prophet Abraham more than any of his offspring does. Then I was given two cups, one containing milk and the other wine. Gabriel said, 'Drink whichever you like.' I took the milk and drank it. Gabriel said, 'You have accepted what is natural, (True Religion i.e. Islam) and if you had taken the wine, your followers would have gone astray.' "

Some people (i.e. the Jews of Bani bin Quraiza) agreed to accept the verdict of Sa`d bin Mu`adh so the Prophet sent for him (i.e. Sa`d bin Mu`adh). He came riding a donkey, and when he approached the Mosque, the Prophet said, "Get up for the best amongst you." or said, "Get up for your chief." Then the Prophet said, "O Sa`d! These people have agreed to accept your verdict." Sa`d said, "I judge that their warriors should be killed and their children and women should be taken as captives." The Prophet said, "You have given a judgment similar to Allah's Judgment (or the King's judgment).

Al-`Aqib and Saiyid, the rulers of Najran, came to Allah's Apostle with the intention of doing Lian one of them said to the other, "Do not do (this Lian) for, by Allah, if he is a Prophet and we do this Lian, neither we, nor our offspring after us will be successful." Then both of them said (to the Prophet ), "We will give what you should ask but you should send a trustworthy man with us, and do not send any person with us but an honest one." The Prophet said, "I will send an honest man who Is really trustworthy." Then every one of the companions of Allah's Apostle wished to be that one. Then the Prophet said, "Get up, O Abu 'Ubaida bin Al-Jarrah." When he got up, Allah's Apostle said, "This is the Trustworthy man of this (Muslim) nation."

The Prophet said to me, "Whenever you go to bed perform ablution like that for the prayer, lie or your right side and say, "Allahumma aslamtu wajhi ilaika, wa fauwadtu `Amri ilaika, wa alja'tu Zahri ilaika raghbatan wa rahbatan ilaika. La Malja'a wa la manja minka illa ilaika. Allahumma amantu bikitabika-l-ladhi anzalta wa bina-biyika-l ladhi arsalta" (O Allah! I surrender to You and entrust all my affairs to You and depend upon You for Your Blessings both with hope and fear of You. There is no fleeing from You, and there is no place of protection and safety except with You O Allah! I believe in Your Book (the Qur'an) which You have revealed and in Your Prophet (Muhammad) whom You have sent). Then if you die on that very night, you will die with faith (i.e. or the religion of Islam). Let the aforesaid words be your last utterance (before sleep)." I repeated it before the Prophet and when I reached "Allahumma amantu bikitabika-l-ladhi anzalta (O Allah I believe in Your Book which You have revealed)." I said, "Wa-rasulika (and your Apostle)." The Prophet said, "No, (but say): 'Wanabiyika-l-ladhi arsalta (Your Prophet whom You have sent), instead."

Whenever the Prophet lay on his bed, he used to say: "Allahumma bismika amutu wa ahya," and when he woke up he would say: "Al-hamdu lil-lahilladhi ahyana ba'da ma an atana, wa ilaihi an-nushur."

Yahya related to me from Malik that he had heard that Abu'd-Darda used to rise in the middle of the night and say, "Eyes have slept, and stars have set, and You are the Living and Self Subsistent."

Namat'l uyun wa ghariti'n-nujum wa anta'lhayyu-l-qayyum.

Yahya related to me from Malik that Yahya ibn Said said, "When the Messenger of Allah, may Allah bless him and grant him peace, was taken on the Night Journey, he saw an evil jinn seeking him with a torch of fire. Whenever the Messenger of Allah, may Allah bless him and grant him peace, turned, he saw him. Jibril said to him, 'Shall I teach you some words to say? When you say them, his torch will be put out and will fall from him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Yes, indeed.' Jibril said, 'Say, 'I seek refuge with the Noble Face of Allah and with the complete words of Allah which neither the good person nor the corrupt can exceed, from the evil of what descends from the sky and the evil of what ascends in it, and from the evil of what is created in the earth and the evil of what comes out of it, and from the trials of the night and day, and from the visitations of the night and day, except for one that knocks with good, O Merciful!" "'

Audhu bi wajhi'llahi' l-karim wa bi kalimati'llahi't-tammati. Allati la yujawazu hunna barra wa la fajir, min sharri ma yanzil min as-sama, wa sharri ma yaruju fiha, wa sham ma dhara' fi'l-ard, wa sharri ma yakhruju minha, wa min fitani'l-layli wa'n-nahar, wa min tawariqi'l-layli wa'n-nahar illa tariqan yatruq bikhayr ya Rahman!

Malik related to me from Nafi that when Abdullah ibn Umar sneezed and someone said to him, "May Allah have mercy on you," (Yarhamuka'llah), he said, "May Allah have mercy on us and you, and forgive us and you." (Yarhamuna'llah wa yaghfirlana wa lakum).

When the Prophet went to bed, he used to say, "Allahumma bismika ahya wa amut." And when he woke up in the mornings he used to say, "Al-hamdu li l-lahi al-ladhi ahyana ba'da ma amatana wa ilaihi-nnushur."

Yahya ibn Abdullah said: When the captives (of the battle of Badr) were brought, Sawdah daughter of Zam'ah was present with the children of Afra' at the halting place of their camels, that is, Awf and Mu'awwidh sons of Afra'.

This happened before the prescription of veil for them. Sawdah said: I swear by Allah, I was with them when I came (from there to the people) and I was told: These are captives recently brought (here). I returned to my house, and the Messenger of Allah (saws) was there, and AbuZayd Suhayl ibn Amr was in the corner of the apartment and his hands were tied up on his neck with a rope. He then narrated the rest of the tradition.

Abu Dawud said: They (the sons of 'Afra') killed Abu Jahl b. Hisham. They were deputed for him though they did not realize him: and they were killed in the battle of Badr.

On his father's authority, said that his grandfather that the Messenger of Allah (saws) was asked about the aqiqah. He replied: Allah does not like the breaking of ties (uquq), as though he disliked the name. And he said: If anyone has a child born to him and wishes to offer a sacrifice on its behalf, he may offer two resembling sheep for a boy and one for a girl. And he was asked about fara'. He replied: Fara' is right. If you leave it (i.e. let it grow till it becomes a healthy camel of one year or two years, then you give it to a widow or give it in the path of Allah for using it as a riding beast, it is better than slaughtering it at the age when its meat is stuck to its hair, and you turn over your milking vessel and annoy your she-camel.

The Messenger of Allah (saws) said: The first defect that permeated Banu Isra'il was that a man (of them) met another man and said: O so-and-so, fear Allah, and abandon what you are doing, for it is not lawful for you. He then met him the next day and that did not prevent him from eating with him, drinking with him and sitting with him. When they did so. Allah mingled their hearts with each other.

He then recited the verse: "curses were pronounced on those among the children of Isra'il who rejected Faith, by the tongue of David and of Jesus the son of Mary"...up to "wrongdoers".

He then said: By no means, I swear by Allah, you must enjoin what is good and prohibit what is evil, prevent the wrongdoer, bend him into conformity with what is right, and restrict him to what is right.

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

Malik related to me that he had heard that Uthman ibn Affan was brought a woman who had given birth after six months and he ordered her to be stoned. Ali ibn Abi Talib said to him, "She does not deserve that. Allah, the Blessed, the Exalted, says in His Book, 'Their carrying and weaning is thirty months,' (Sura 46 ayat 15) and he said, 'Mothers suckle their children for two full years for whoever wishes to complete the suckling.' (Sura 2 ayat 233) Pregnancy can then be six months, so she does not deserve to be stoned." Uthman ibn Affan sent for her and found that she had already been stoned.

Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father that Abu Hurayra said, "When people saw the first fruits of the season, they brought them to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, took them and said, 'O Allah! Bless us in our fruits. Bless us in our city. Bless us in our sa and bless us in our mudd. O Allah! Ibrahim is Your slave, Your Khalil and Your Prophet. I am Your slave and Your Prophet. He prayed to You for Makka. I pray to You for Madina for the like of what He prayed to You for Makka, and the like of it with it.' Then he called the smallest child he saw and gave him the fruits."

Allah's Apostle said to us while we were in a gathering, "Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)