When the Messenger of Allah (saws) had some rest at Mecca in the year of its Conquest, he performed circumambulation on a camel and touched the corner (black Stone) with a crooked stick in his hand. She said: I was looking at him.

Yahya related to me from Malik that Abu Jafar al-Qari said, "I saw Abdullah ibn Umar quickly brush away the small stones from the place where he was going to put his forehead as he was going down into sajda."

The Messenger of Allah (saws) then said: Return to them (Hawazin) their women and their sons. If any of you withholds anything from this booty, we have six camels for him from the first booty which Allah gives us. The Prophet (saws) then approached a camel, and taking a hair from its hump said: O people, I get nothing of this booty, not even this (meanwhile raising his two fingers) but the fifth, and the fifth is returned to you, so hand over threads and needles. A man got up with a ball of hair in his hand and said: I took this to repair the cloth under a pack-saddle. The Messenger of Allah (saws) said: You can have what belongs to me and to the Banu al-Muttalib. He said: If it produces the result that I now realise, I have no desire for it.

Badr. Abu Jahl said, "You should not be proud that you have killed me nor I am ashamed of being killed by my own folk."

A man was killed in the lifetime of the Prophet (saws). The matter was brought to the Prophet (saws). He entrusted him to the legal guardian of the slain. The slayer said: Messenger of Allah, I swear by Allah, I did not intend to kill him. The Messenger of Allah (saws) said to the legal guardian: Now if he is true and you kill him, you will enter Hell-fire. So he let him go. His hands were tied with a strap. He came out pulling his strap. Hence he was called Dhu an-Nis'ah (possessor of strap).

Allah's Apostle entered upon me and said, "Have I not been informed that you offer prayer all the night and fast the whole day?" I said, "Yes." He said, "Do not do so; Offer prayer at night and also sleep; Fast for a few days and give up fasting for a few days because your body has a right on you, and your eye has a right on you, and your guest has a right on you, and your wife has a right on you. I hope that you will have a long life, and it is sufficient for you to fast for three days a month as the reward of a good deed, is multiplied ten times, that means, as if you fasted the whole year." I insisted (on fasting more) so I was given a hard instruction. I said, "I can do more than that (fasting)" The Prophet said, "Fast three days every week." But as I insisted (on fasting more) so I was burdened. I said, "I can fast more than that." The Prophet said, "Fast as Allah's prophet David used to fast." I said, "How was the fasting of the prophet David?" The Prophet said, "One half of a year (i.e. he used to fast on alternate days). '

We were digging (the trench) on the day of (Al-Khandaq ( i.e. Trench )) and we came across a big solid rock. We went to the Prophet and said, "Here is a rock appearing across the trench." He said, "I am coming down." Then he got up, and a stone was tied to his belly for we had not eaten anything for three days. So the Prophet took the spade and struck the big solid rock and it became like sand. I said, "O Allah's Apostle! Allow me to go home." (When the Prophet allowed me) I said to my wife, "I saw the Prophet in a state that I cannot treat lightly. Have you got something (for him to eat?" She replied, "I have barley and a she goat." So I slaughtered the she-kid and she ground the barley; then we put the meat in the earthenware cooking pot. Then I came to the Prophet when the dough had become soft and fermented and (the meat in) the pot over the stone trivet had nearly been well-cooked, and said, "I have got a little food prepared, so get up O Allah's Apostle, you and one or two men along with you (for the food)." The Prophet asked, "How much is that food?" I told him about it. He said, "It is abundant and good. Tell your wife not to remove the earthenware pot from the fire and not to take out any bread from the oven till I reach there." Then he said (to all his companions), "Get up." So the Muhajirn (i.e. Emigrants) and the Ansar got up. When I came to my wife, I said, "Allah's Mercy be upon you! The Prophet came along with the Muhajirin and the Ansar and those who were present with them." She said, "Did the Prophet ask you (how much food you had)?" I replied, "Yes." Then the Prophet said, "Enter and do not throng." The Prophet started cutting the bread (into pieces) and put the cooked meat over it. He covered the earthenware pot and the oven whenever he took something out of them. He would give the food to his companions and take the meat out of the pot. He went on cutting the bread and scooping the meat (for his companions) till they all ate their fill, and even then, some food remained. Then the Prophet said (to my wife), "Eat and present to others as the people are struck with hunger."

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."

The Prophet (saws) said: This people of mine is one to which mercy is shown. It will have no punishment in the next world, but its punishment in this world will be trials, earthquakes and being killed.

A man was mentioned before the Prophet and another man praised him greatly The Prophet said, "May Allah's Mercy be on you ! You have cut the neck of your friend." The Prophet repeated this sentence many times and said, "If it is indispensable for anyone of you to praise someone, then he should say, 'I think that he is so-and-so," if he really thinks that he is such. Allah is the One Who will take his accounts (as He knows his reality) and no-one can sanctify anybody before Allah." (Khalid said, "Woe to you," instead of "Allah's Mercy be on you.")

Allah's Apostle said, "The Hour will not be established (1) till two big groups fight each other whereupon there will be a great number of casualties on both sides and they will be following one and the same religious doctrine, (2) till about thirty Dajjals (liars) appear, and each one of them will claim that he is Allah's Apostle, (3) till the religious knowledge is taken away (by the death of Religious scholars) (4) earthquakes will increase in number (5) time will pass quickly, (6) afflictions will appear, (7) Al-Harj, (i.e., killing) will increase, (8) till wealth will be in abundance ---- so abundant that a wealthy person will worry lest nobody should accept his Zakat, and whenever he will present it to someone, that person (to whom it will be offered) will say, 'I am not in need of it, (9) till the people compete with one another in constructing high buildings, (10) till a man when passing by a grave of someone will say, 'Would that I were in his place (11) and till the sun rises from the West. So when the sun will rise and the people will see it (rising from the West) they will all believe (embrace Islam) but that will be the time when: (As Allah said,) 'No good will it do to a soul to believe then, if it believed not before, nor earned good (by deeds of righteousness) through its Faith.' (6.158) And the Hour will be established while two men spreading a garment in front of them but they will not be able to sell it, nor fold it up; and the Hour will be established when a man has milked his she-camel and has taken away the milk but he will not be able to drink it; and the Hour will be established before a man repairing a tank (for his livestock) is able to water (his animals) in it; and the Hour will be established when a person has raised a morsel (of food) to his mouth but will not be able to eat it."

That once he was in the company of the Prophet carrying a water pot for his ablution and for cleaning his private parts. While he was following him carrying it (i.e. the pot), the Prophet said, "Who is this?" He said, "I am Abu Huraira." The Prophet said, "Bring me stones in order to clean my private parts, and do not bring any bones or animal dung." Abu Huraira went on narrating: So I brought some stones, carrying them in the corner of my robe till I put them by his side and went away. When he finished, I walked with him and asked, "What about the bone and the animal dung?" He said, "They are of the food of Jinns. The delegate of Jinns of (the city of) Nasibin came to me--and how nice those Jinns were--and asked me for the remains of the human food. I invoked Allah for them that they would never pass by a bone or animal dung but find food on them."

(One day) I sat along with Shaiba on the chair inside the Ka`ba. He (Shaiba) said, "No doubt, `Umar sat at this place and said, 'I intended not to leave any yellow (i.e. gold) or white (i.e. silver) (inside the Ka`ba) undistributed.' I said (to `Umar), 'But your two companions (i.e. The Prophet and Abu Bakr) did not do so.' `Umar said, They are the two persons whom I always follow.' "

I asked Ibn `Umar, "What is your opinion about the two rak`at before the Fajr (compulsory) prayer, as to prolonging the recitation in them?" He said, "The Prophet used to pray at night two rak`at followed by two and so on, and end the prayer by one rak`ah witr. He used to offer two rak`at before the Fajr prayer immediately after the Adhan." (Hammad, the sub-narrator said, "That meant (that he prayed) quickly.)"

The Messenger of Allah (saws) commanded to kill him: he was a spy of AbuSufyan and an ally of a man of the Ansar. He passed a circle of the Ansar and said: I am a Muslim. A man from the Ansar said, Messenger of Allah, he is saying that he is a Muslim. The Messenger of Allah (saws) said: There are people among you in whose faith we trust. Furat ibn Hayyan is one of them.

"I have not seen the Prophet touching except the two Yemenite Corners (i.e. the ones facing Yemen)."

The Messenger of Allah (saws) said: What is the harm if any of you has two garments, if he can provide them, for Friday (prayer) in addition to the two garments for his daily work? Amr reported from Ibn Habib from Musa ibn Sa'd from Ibn Habban from Ibn Salam who heard this (tradition) from the Messenger of Allah (saws) on the pulpit.

Abu Dawud said: This tradition has been reported by Yusuf b. 'Abd Allah b. Salam from the Prophet (saws) through a different chain of narrators.

The Prophet said, "I have been given five things which were not given to any one else before me. -1. Allah made me victorious by awe, (by His frightening my enemies) for a distance of one month's journey. -2. The earth has been made for me (and for my followers) a place for praying and a thing to perform Tayammum, therefore anyone of my followers can pray wherever the time of a prayer is due. -3. The booty has been made Halal (lawful) for me yet it was not lawful for anyone else before me. -4. I have been given the right of intercession (on the Day of Resurrection). -5. Every Prophet used to be sent to his nation only but I have been sent to all mankind.

That the Messenger of Allah (saws): "A riding animal can be ridden while it is pawned, and a milking animal can be milked while it is pawned, and it is up to the one riding and drinking (the milk) to maintain it."

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

We do now know of it being Marfu' except by the narration of 'Amir Ash-Sha'bi from Abu Hurairah. Others have reported this Hadith from Al-A'mash, from Abu Salih, from Abu Hurairah in Mawquf form.

This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

Some of the people of knowledge said that one may not benefit in any way from what is pawned.

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

Yahya related to me from Malik from Nafi and Abdullah ibn Dinar from Abdullah ibn Umar that Umar ibn al-Khattab gave a khutba to the people at Arafa and taught them the conduct of the hajj, and one of the things he said to them in his speech was, "When you get to Mina and have stoned the jamra then whatever is haram for someone doing the hajj becomes halal, except women and scent. No-one should touch women or scent until he has done tawaf of the House."

Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."

Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."

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

When the Prophet had finished from the battle of Hunain, he sent Abu Amir at the head of an army to Autas He (i.e. Abu Amir) met Duraid bin As Summa and Duraid was killed and Allah defeated his companions. The Prophet sent me with Abu 'Amir. Abu Amir was shot at his knee with an arrow which a man from Jushm had shot and fixed into his knee. I went to him and said, "O Uncle! Who shot you?" He pointed me out (his killer) saying, "That is my killer who shot me (with an arrow)." So I headed towards him and overtook him, and when he saw me, he fled, and I followed him and started saying to him, "Won't you be ashamed? Won't you stop?" So that person stopped, and we exchanged two hits with the swords and I killed him. Then I said to Abu 'Amir. "Allah has killed your killer." He said, "Take out this arrow" So I removed it, and water oozed out of the wound. He then said, "O son of my brother! Convey my compliments to the Prophet and request him to ask Allah's Forgiveness for me." Abu Amir made me his successor in commanding the people (i.e. troops). He survived for a short while and then died. (Later) I returned and entered upon the Prophet at his house, and found him lying in a bed made of stalks of date-palm leaves knitted with ropes, and on it there was bedding. The strings of the bed had their traces over his back and sides. Then I told the Prophet about our and Abu Amir's news and how he had said "Tell him to ask for Allah's Forgiveness for me." The Prophet asked for water, performed ablution and then raised hands, saying, "O Allah's Forgive `Ubaid, Abu Amir." At that time I saw the whiteness of the Prophet's armpits. The Prophet then said, "O Allah, make him (i.e. Abu Amir) on the Day of Resurrection, superior to many of Your human creatures." I said, "Will you ask Allah's Forgiveness for me?" (On that) the Prophet said, "O Allah, forgive the sins of `Abdullah bin Qais and admit him to a nice entrance (i.e. paradise) on the Day of Resurrection." Abu Burda said, "One of the prayers was for Abu 'Amir and the other was for Abu Musa (i.e. `Abdullah bin Qais).

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

That he asked Sa`id bin Jubair, "Is there any repentance of the one who has murdered a believer intentionally?" Then I recited to him:-- "Nor kill such life as Allah has forbidden except for a just cause." Sa`id said, "I recited this very Verse before Ibn `Abbas as you have recited it before me. Ibn `Abbas said, 'This Verse was revealed in Mecca and it has been abrogated by a Verse in Surat-An-Nisa which was later revealed in Medina."

Some pagans who committed murders in great number and committed illegal sexual intercourse excessively, came to Muhammad and said, "O Muhammad! Whatever you say and invite people to, is good: but we wish if you could inform us whether we can make an expiration for our (past evil) deeds." So the Divine Verses came: 'Those who invoke not with Allah any other god, not kill such life as Allah has forbidden except for just cause, nor commit illegal sexual intercourse.' (25.68) And there was also revealed:-- 'Say: O My slaves who have transgressed against their souls! Despair not of the Mercy of Allah.' (39.53)

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "I would not want to be buried in al-Baqi. I would prefer to be buried elsewhere. The one who is buried in al-Baqi is one of two people. Either he is unjust (dhalim), and I would not like to be buried with him, or he is salih, and I would not like his bones to be disturbed for me."

I remember from the Messenger of Allah (saws) two periods of silence. Sa'id said: We asked Qatadah: What are those two periods of silence? He said: (one) when he began his prayer, and (one) when he finished the recitation. Then he added: When he finished reciting (the closing verse of the Fatihah): "Not of those with whom Thou art angry, nor of who go astray."

The Prophet (saws) said: When an imam stands up at the end of two rak'ahs , if he remembers before standing straight up, he should sit down, but if he stands straight up, he must not sit down, but perform the two prostrations of forgetfulness.

Abu Dawud said: I have not narrated in this book of mine any hadith from Jabir Al-Ju'fi (one of the narrators) except this one.

Some Zanadiqa (atheists) were brought to `Ali and he burnt them. The news of this event, reached Ibn `Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him.'"