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."

A man of Banu Adi was killed. The Prophet (saws) fixed his blood-wit at the rate of twelve thousand (dirhams).

Abu Dawud said: Ibn 'Uyainah transmitted it from 'Amr, from 'Ikrimah, from the Prophet (saws), and he did not mention Ibn 'Abbas.

Allah's Apostle said, "A woman called her son while he was in his hermitage and said, 'O Juraij' He said, 'O Allah, my mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij!' He said again, 'O Allah ! My mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij' He again said, 'O Allah! My mother (is calling me) and (I am offering) my prayer. (What shall I do?)' She said, 'O Allah! Do not let Juraij die till he sees the faces of prostitutes.' A shepherdess used to come by his hermitage for grazing her sheep and she gave birth to a child. She was asked whose child that was, and she replied that it was from Juraij and that he had come out from his hermitage. Juraij said, 'Where is that woman who claims that her child is from me?' (When she was brought to him along with the child), Juraij asked the child, 'O Babus, who is your father?' The child replied, 'The shepherd.' " (See Hadith No 662. Vol 3).

That he said: "O Messenger of Allah! We live in a land of the People of Book and we cook in their containers, and drink in their vessels." The Messenger of Allah (saws) said: "If you do not find other than them, then rinse them with water."

The he said: "O Messenger of Allah! We live in a land of game, so what should we do ?" He said: "When you send your trained dog, and you mentioned the Name of Allah, and he kills it, then eat it. And when you shoot it with your bow, and it is killed, then eat it.'"

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

The Prophet said, "Allah curses a man who steals an egg and gets his hand cut off, or steals a rope and gets his hands cut off." Al-A`mash said, "People used to interpret the Baida as an iron helmet, and they used to think that the rope may cost a few dirhams."

Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'Dried dates for dried dates is like for like.' It was said to him, 'Your agent in Khaybar takes one sa for two.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'all him to me.' So he was called for. The Messenger of Allah, may Allah bless him and grant him peace, asked, 'Do you take one sa for two?' He replied, 'Messengerof Allah! Why should they sell me good dates for assorted low quality dates, sa for sa!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Sell the assorted ones for dirhams, and then buy the good ones with those dirhams.' "

Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a man from the Banu Sulaym, found an abandoned child in the time of Umar ibn al-Khattab. Sunayn took him to Umar ibn al-Khattab. He asked, "What has induced you to take this person?" He answered, "I found him lost, so I took him.'' Umar's advisor said to him,' 'Amir al-Muminin! He is a man who does good." Umar inquired of him, "Is it so?" He replied, "Yes." Umar ibn al-Khattab said, "Go, he is free, and you have his wala' inheritance, and we will provide for him."

Yahya said that he heard Malik say, "What is done in our community about an abandoned child is that he is free, and his wala' inheritance belongs to the muslims, and they inherit from him and pay his blood money."

Yahya related to me from Malik that he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him."

Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him."

Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year."

Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning."

A woman came to Allah's Apostle and said, "I present myself (to you) (for marriage). She stayed for a long while, then a man said, "If you are not in need of her then marry her to me." The Prophet said, "Have you got anything m order to pay her Mahr?" He said, "I have nothing with me except my Izar (waist sheet)." The Prophet said, "If you give her your Izar, you will have no Izar to wear, (so go) and search for something. He said, "I could not find anything." The Prophet said, "Try (to find something), even if it were an iron ring But he was not able to find (even that) The Prophet said (to him). "Do you memorize something of the Qur'an?" "Yes. ' he said, "such Sura and such Sura," naming those Suras The Prophet said, "We have married her to you for what you know of the Qur'an (by heart).

When `Abdur-Rahman bin `Auf married an Ansari woman, the Prophet asked him, "How much Mahr did you give her?" `Abdur-Rahman said, "Gold equal to the weight of a date stone." Anas added: When they (i.e. the Prophet and his companions) arrived at Medina, the emigrants stayed at the Ansar's houses. `Abdur-Rahman bin `Auf stayed at Sa`d bin Ar-Rabi's house. Sa`d said to `Abdur- Rahman, "I will divide and share my property with you and will give one of my two wives to you." `Abdur-Rahman said, "May Allah bless you, your wives and property (I am not in need of that; but kindly show me the way to the market)." So `Abdur-Rahman went to the market and traded there gaining a profit of some dried yoghurt and butter, and married (an Ansari woman). The Prophet said to him, "Give a banquet, even if with one sheep."

A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah's Apostle, and asked him to allow them to treat her eyes with kohl, but he said, "She should not apply kohl to her eyes. (In the Pre-Islamic period of Ignorance) a widowed woman among you would stay in the worst of her clothes (or the worst part of her house) and when a year had elapsed, if a dog passed by her, she would throw a globe of dung, Nay, (she cannot use kohl) till four months and ten days have elapsed."

"The Messenger of Allah (saws) prohibited the price of the dog and the cat."

[Abu 'Eisa said:] There is some confusion (Idtirab) in the chain for this Hadith. The price of a cat is not correct. This Hadith has been reported from Al-A'mash, from some of his companions, from Jabir, and they caused some confusion for Al-A'mash in this narration.

There are those among the people of knowledge who disliked the price of a cat, and some of them permitted it. This is the view of Ahmad and Ishaq. It has been reported from Ibn Al-Fudail, from Al-A'mash, from Abu Hazim, from Abu Hurairah from the Prophet (saws), through other than this route.

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."

Anas said, 'When Allah's Apostle invaded Khaibar, we offered the Fajr prayer there (early in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, 'Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.' He repeated this thrice. The people came out for their jobs and some of them said, 'Muhammad (has come).' (Some of our companions added, "With his army.") We conquered Khaibar, took the captives, and the booty was collected. Dihya came and said, 'O Allah's Prophet! Give me a slave girl from the captives.' The Prophet said, 'Go and take any slave girl.' He took Safiya bint Huyai. A man came to the Prophet and said, 'O Allah's Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraidha and An-Nadir and she befits none but you.' So the Prophet said, 'Bring him along with her.' So Dihya came with her and when the Prophet saw her, he said to Dihya, 'Take any slave girl other than her from the captives.' Anas added: The Prophet then manumitted her and married her." Thabit asked Anas, "O Abu Hamza! What did the Prophet pay her (as Mahr)?" He said, "Her self was her Mahr for he manumitted her and then married her." Anas added, "While on the way, Um Sulaim dressed her for marriage (ceremony) and at night she sent her as a bride to the Prophet . So the Prophet was a bridegroom and he said, 'Whoever has anything (food) should bring it.' He spread out a leather sheet (for the food) and some brought dates and others cooking butter. (I think he (Anas) mentioned As-Sawaq). So they prepared a dish of Hais (a kind of meal). And that was Walima (the marriage banquet) of Allah's Apostle ."

I was sitting with the Prophet (saws). A man came from the Yemen, and said: Three men from the people of the Yemen came to Ali, quarrelling about a child, asking him to give a decision. They had had sexual intercourse with a woman during a single state of purity.

He said to two of them: Give this child to this man (the third person) with pleasure. But they (refused and) cried loudly. Again he said to two of them: Give the child to the man (the third person) willingly. But they (refused and) cried loudly. He then said: You are quarrelsome partners. I shall cast lots among you; he who receives the lot, will acquire the child, and he shall pay two-thirds of the blood-money to both his companions. He then cast lots among them, and gave the child to the one who received the lot. The Messenger of Allah (saws) laughed so much that his canine or molar teeth appeared.

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."

`Abdur-Rahman bin `Auf came (from Mecca to Medina) and the Prophet made a bond of brotherhood between him and Sa`d bin Ar-Rabi` Al-Ansari. Al-Ansari had two wives, so he suggested that `Abdur- Rahman take half, his wives and property. `Abdur-Rahman replied, "May Allah bless you with your wives and property. Kindly show me the market." So `Abdur-Rahman went to the market and gained (in bargains) some dried yoghurt and some butter. After a few days the Prophet saw `Abdur-Rahman with some yellow stains on his clothes and asked him, "What is that, O `Abdur-Rahman?" He replied, "I had married an Ansari woman." The Prophet asked, "How much Mahr did you give her?" He replied, "The weight of one (date) stone of gold." The Prophet said, "Offer a banquet, even with one sheep."

When `Abdur-Rahman bin `Auf came to Medina and the Prophet established the bond of brotherhood between him and Sa`d bin Ar-Rabi-al-Ansari, Saud suggested that `Abdur-Rahman should accept half of his property and family. `Abdur Rahman said, "May Allah bless you in your family and property; guide me to the market." So `Abdur-Rahman (while doing business in the market) made some profit of some condensed dry yoghurt and butter. After a few days the Prophet saw him wearing clothes stained with yellow perfume. The Prophet asked, "What is this, O `Abdur-Rahman?" He said, "O Allah's Apostle! I have married an Ansar' woman." The Prophet asked, "What have you given her as Mahr?" He (i.e. `Abdur-Rahman) said, "A piece of gold, about the weight of a date stone." Then the Prophet said, Give a banquet, even though of a sheep."

[Muslim].

I went to `Aisha and she was wearing a coarse dress costing five Dirhams. `Aisha said, "Look up and see my slave-girl who refuses to wear it in the house though during the lifetime of Allah's Apostle I had a similar dress which no woman desiring to appear elegant (before her husband) failed to borrow from me."

Malik related to me that Zayd ibn Aslam said, "Usury in the Jahiliyya was that a man would give a loan to a man for a set term. When the term was due, he would say, 'Will you pay it off or increase me?' If the man paid, he took it. If not, he increased him in his debt and lengthened the term for him ."

Malik said, "The disapproved of way of doing things about which there is no dispute among us, is that a man should give a loan to a man for a term, and then the demander reduce it and the one from whom it is demanded pay it in advance. To us that is like someone who delays repaying his debt after it is due to his creditor and his creditor increases his debt." Malik said, "This is nothing else but usury. No doubt about it."

Malik spoke about a man who loaned one hundred dinars to a man for two terms. When it was due, the person who owed the debt said to him, "Sell me some goods, whose price is one hundred dinars in cash for one hundred and fifty on credit." Malik said, "This transaction is not good, and the people of knowledge still forbid it."

Malik said, "This is disapproved of because the creditor himself gives the debtor the price of what the man sells him, and he defers repayment of the hundred of the first transaction for the debtor for the term which is mentioned to him in the second transaction, and the debtor increases him with fifty dinars for his deferring him. That is disapproved of and it is not good. It also resembles the hadith of Zayd ibn Aslam about the transactions of the people of the Jahiliyya. When their debts were due, they said to the person with the debt, 'Either you pay in full or you increase it.' If they paid, they took it, and if not they increased debtors in their debts, and extended the term for them."

Whenever Allah's Apostle ordered us to give in charity we would go to the market and work as porters to earn a Mudd (two handfuls) (of foodstuff) but now some of us have one-hundred thousand Dirhams or Diners. (The sub-narrator) Shaqiq said, "I think Abu Mas`ud meant himself by saying (some of us) .

A man from the Companions of the Prophet (saws) died on the day of Khaybar. They mentioned the matter to the Messenger of Allah. He said: Offer prayer over your companion. When the faces of the people looked perplexed, he said: Your companion misappropriated booty in the path of Allah. We searched his belongings and found some Jewish beads not worth two dirhams.

Jabir said: An Ansari man made his slave a Mudabbar and he had no other property than him. When the Prophet heard of that, he said (to his companions), "Who wants to buy him (i.e., the slave) for me?" Nu'aim bin An-Nahham bought him for eight hundred Dirhams. I heard Jabir saying, "That was a coptic slave who died in the same year."

Abu 'Ali said: I heard Abu Dawud say: Sufyan said: none of you must buy in opposition to one another ; that is he says: I have a better one for ten (dirhams).

Malik related to me from Yazid ibn Khusayfa that as-Sa'ib ibn Yazid informed him that he heard Sufyan ibn Abi Zuhayr who was from the Azd Shanua tribe and among the companions of the Messenger of Allah, may Allah bless him and grant him peace, speaking with some people who were with him at the door of the mosque. He said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If anyone acquires a dog which he does not use as a sheepdog or for hunting, a qirat will be deducted from the reward of his good deeds each day.' " He was asked, "Did you hear this from the Messenger of Allah, may Allah bless him and grant him peace?" He said, "Yes, by the Lord of this mosque."

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

We have no Book to recite except the Book of Allah (Qur'an) and this paper. Then `Ali took out the paper, and behold ! There was written in it, legal verdicts about the retaliation for wounds, the ages of the camels (to be paid as Zakat or as blood money). In it was also written: 'Medina is a sanctuary from Air (mountain) to Thaur (mountain). So whoever innovates in it an heresy (something new in religion) or commits a crime in it or gives shelter to such an innovator, will incur the curse of Allah, the angels and all the people, and none of his compulsory or optional good deeds will be accepted on the Day of Resurrection. And whoever (a freed slave) takes as his master (i.e. be-friends) some people other than hi real masters without the permission of his real masters, will incur the curse of Allah, the angels and all the people, and none of his compulsory, or optional good deeds will be accepted on the Day of Resurrection. And the asylum granted by any Muslim is to be secured by all the Muslims, even if it is granted by one of the lowest social status among them; and whoever betrays a Muslim, in this respect will incur the curse of Allah, the angels, and all the people, and none of his Compulsory or optional good deeds will be accepted on the Day of Resurrection."

Malik related to me from Ayyub ibn Musa from Muawiya ibn Abdullah ibn Badr al-Juhani that his father informed him that he stopped with a people on the way to Syria and he found a purse which had eighty dinars in it. He mentioned that to Umar ibn al-Khattab. Umar said to him, "Announce it at the doors of the mosques and mention it to everyone who comes from Syria for a year. When a year passes, it is your business."

Yahya related to me from Malik from Amr ibn Yahya al-Mazini that his father said that he had heard Abu Said al-Khudri say that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no zakat on less than five camels, there is no zakat on less than five awaq (two hundred dirhams of pure silver) and there is no zakat on less than five awsuq (three hundred sa)."

I was sleeping in the mosque on a cloak mine whose price was thirty dirhams. A man came and pinched it away from me. The man was seized and brought to the Messenger of Allah (saws). He ordered that his hand should be cut off. I came to him and said: Do you cut off only for thirty dirhams ? I sell it to him and make the payment of its price a loan ? He said: Why did you not do so before bringing him to me ?

Abu Dawud said: Za'idah has also transmitted it from Simak from Ju'ayd ibn Hujayr. He said: Safwan slept. Mujahid and Tawus said: While he was sleeping a thief came and stole the cloak from beneath his head. The version of AbuSalamah ibn AbdurRahman has: He snatched it away from beneath his head and he awoke. He cried and he (the thief) was seized. Az-Zuhri narrated from Safwan ibn Abdullah. His version has: He slept in the mosque and used his cloak as pillow. A thief came and took his cloak. The thief was seized and brought to the Prophet (saws).

`Ali addressed us while he was standing on a brick pulpit and carrying a sword from which was hanging a scroll He said "By Allah, we have no book to read except Allah's Book and whatever is on this scroll," And then he unrolled it, and behold, in it was written what sort of camels were to be given as blood money, and there was also written in it: 'Medina is a sanctuary form 'Air (mountain) to such and such place so whoever innovates in it an heresy or commits a sin therein, he will incur the curse of Allah, the angels, and all the people and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'The asylum (pledge of protection) granted by any Muslims is one and the same, (even a Muslim of the lowest status is to be secured and respected by all the other Muslims, and whoever betrays a Muslim in this respect (by violating the pledge) will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'Whoever (freed slave) befriends (takes as masters) other than his real masters (manumitters) without their permission will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds. ' (See Hadith No. 94, Vol. 3)

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon `Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. `Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas`ud came to the Prophet and `Abdur Rahman intended to talk, but the Prophet said (to him), "Let the eldest of you speak." as `Abdur-Rahman was the youngest:. `Abdur-Rahman kept silent and the other two spoke. The Prophet said, "If you swear as to who has committed the murder, you will have the right to take your right from the murderer." They said, "How should we swear if we did not witness the murder or see the murderer?" The Prophet said, "Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder)." The!y said, "How should we believe in the oaths of infidels?" So, the Prophet himself paid the blood money (of `Abdullah). (See Hadith No. 36 Vol. 9.)

When the emigrants reached Medina. Allah's Apostle established the bond of fraternity between `Abdur-Rahman and Sa`d bin Ar-Rabi. Sa`d said to `Abdur-Rahman, "I am the richest of all the Ansar, so I want to divide my property (between us), and I have two wives, so see which of the two you like and tell me, so that I may divorce her, and when she finishes her prescribed period (i.e. 'Idda) of divorce, then marry her." `Abdur-Rahman said, "May Allah bless your family and property for you; where is your market?" So they showed him the Qainuqa' market. (He went there and) returned with a profit in the form of dried yogurt and butter. He continued going (to the market) till one day he came, bearing the traces of yellow scent. The Prophet asked, "What is this (scent)?" He replied, "I got married." The Prophet asked, "How much Mahr did you give her?" He replied, "I gave her a datestone of gold or a gold piece equal to the weight of a date-stone." (The narrator, Ibrahim, is in doubt as to which is correct.)

Jabir bin `Abdullah said, "When Allah's Apostle arrived at Medina, he slaughtered a camel or a cow." Jabir added, "The Prophet bought a camel from me for two Uqiyas (of gold) and one or two Dirhams. When he reached Sirar, he ordered that a cow be slaughtered and they ate its meat. When he arrived at Medina, he ordered me to go to the Mosque and offer two rak`at, and weighed (and gave) me the price of the camel."

Ya`la bin Muslim and `Amr bin Dinar and some others narrated the narration of Sa`id bin Jubair. Narrated Sa`id: While we were at the house of Ibn `Abbas, Ibn `Abbas said, "Ask me (any question)" I said, "O Abu `Abbas! May Allah let me be sacrificed for you ! There is a man at Kufa who is a storyteller called Nauf; who claims that he (Al-Khadir's companion) is not Moses of Bani Israel." As for `Amr, he said to me, "Ibn `Abbas said, "(Nauf) the enemy of Allah told a lie." But Ya`la said to me, "Ibn `Abbas said, Ubai bin Ka`b said, Allah's Apostle said, 'Once Moses, Allah's Apostle, preached to the people till their eyes shed tears and their hearts became tender, whereupon he finished his sermon. Then a man came to Moses and asked, 'O Allah's Apostle! Is there anyone on the earth who is more learned than you?' Moses replied, 'No.' So Allah admonished him (Moses), for he did not ascribe all knowledge to Allah. It was said, (on behalf of Allah), 'Yes, (there is a slave of ours who knows more than you ).' Moses said, 'O my Lord! Where is he?' Allah said, 'At the junction of the two seas.' Moses said, 'O my Lord ! Tell I me of a sign whereby I will recognize the place.' " `Amr said to me, Allah said, "That place will be where the fish will leave you." Ya`la said to me, "Allah said (to Moses), 'Take a dead fish (and your goal will be) the place where it will become alive.' " So Moses took a fish and put it in a basket and said to his boy-servant "I don't want to trouble you, except that you should inform me as soon as this fish leaves you." He said (to Moses)." You have not demanded too much." And that is as mentioned by Allah: 'And (remember) when Moses said to his attendant .... ' (18.60) Yusha` bin Noon. (Sa`id did not state that). The Prophet said, "While the attendant was in the shade of the rock at a wet place, the fish slipped out (alive) while Moses was sleeping. His attend an said (to himself), "I will not wake him, but when he woke up, he forgot to tell him The fish slipped out and entered the sea. Allah stopped the flow of the sea. where the fish was, so that its trace looked as if it was made on a rock. `Amr forming a hole with his two thumbs an index fingers, said to me, "Like this, as in its trace was made on a rock." Moses said "We have suffered much fatigue on this journey of ours." (This was not narrated by Sa`id). Then they returned back and found Al-Khadir. `Uthman bin Abi Sulaiman said to me, (they found him) on a green carpet in the middle of the sea. Al-Khadir was covered with his garment with one end under his feet and the other end under his head. When Moses greeted, he uncovered his face and said astonishingly, 'Is there such a greeting in my land? Who are you?' Moses said, 'I am Moses.' Al- Khadir said, 'Are you the Moses of Bani Israel?' Moses said, 'Yes.' Al-Khadir said, "What do you want?' Moses said, ' I came to you so that you may teach me of the truth which you were taught.' Al- Khadir said, 'Is it not sufficient for you that the Torah is in your hands and the Divine Inspiration comes to you, O Moses? Verily, I have a knowledge that you ought not learn, and you have a knowledge which I ought not learn.' At that time a bird took with its beak (some water) from the sea: Al-Khadir then said, 'By Allah, my knowledge and your knowledge besides Allah's Knowledge is like what this bird has taken with its beak from the sea.' Until, when they went on board the boat (18.71). They found a small boat which used to carry the people from this sea-side to the other sea-side. The crew recognized Al-Khadir and said, 'The pious slave of Allah.' (We said to Sa`id "Was that Khadir?" He said, "Yes.") The boat men said, 'We will not get him on board with fare.' Al-Khadir scuttled the boat and then plugged the hole with a piece of wood. Moses said, 'Have you scuttled it in order to drown these people surely, you have done a dreadful thing. (18.71) (Mujahid said. "Moses said so protestingly.") Al-Khadir said, didn't I say that you can have no patience with me?' (18.72) The first inquiry of Moses was done because of forgetfulness, the second caused him to be bound with a stipulation, and the third was done intentionally. Moses said, 'Call me not to account for what I forgot and be not hard upon me for my affair (with you).' (18.73) (Then) they found a boy and Al-Khadir killed him. Ya`la- said: Sa`id said 'They found boys playing and Al-Khadir got hold of a handsome infidel boy laid him down and then slew him with knife. Moses said, 'Have you killed a innocent soul who has killed nobody' (18.74) Then they proceeded and found a wall which was on the point of falling down, and Al-Khadir set it up straight. Sa`id moved his hand thus and said 'Al-Khadir raised his hand and the wall became straight. Ya`la said, 'I think Sa`id said, 'Al-Khadir touched the wall with his hand and it became straight (Moses said to Al-Khadir), 'If you had wished, you could have taken wages for it.' Sa`id said, 'Wages that we might had eaten.' And there was a king in furor (ahead) of them" (18.79) And there was in front of them. Ibn `Abbas recited: 'In front of them (was) a king.' It is said on the authority of somebody other than Sa`id that the king was Hudad bin Budad. They say that the boy was called Haisur. 'A king who seized every ship by force. (18.79) So I wished that if that boat passed by him, he would leave it because of its defect and when they have passed they would repair it and get benefit from it. Some people said that they closed that hole with a bottle, and some said with tar. 'His parents were believers, and he (the boy) was a non-believer and we (Khadir) feared lest he would oppress them by obstinate rebellion and disbelief.' (18.80) (i.e. that their love for him would urge them to follow him in his religion, 'so we (Khadir) desired that their Lord should change him for them for one better in righteousness and near to mercy' (18:81). This was in reply to Moses' saying: Have you killed an innocent soul.'? (18.74). 'Near to mercy" means they will be more merciful to him than they were to the former whom Khadir had killed. Other than Sa`id, said that they were compensated with a girl. Dawud bin Abi `Asim said on the authority of more than one that this next child was a girl.

I asked the Prophet about the game killed by a Mi'rad (i.e. a sharp-edged piece of wood or a piece of wood provided with a sharp piece of iron used for hunting). He said, "If the game is killed with its sharp edge, eat of it, but if it is killed with its shaft, with a hit by its broad side then the game is (unlawful to eat) for it has been beaten to death." I asked him about the game killed by a trained hound. He said, "If the hound catches the game for you, eat of it, for killing the game by the hound, is like its slaughtering. But if you see with your hound or hounds another dog, and you are afraid that it might have shared in hunting the game with your hound and killed it, then you should not eat of it, because you have mentioned Allah's name on (sending) your hound only, but you have not mentioned it on some other hound.

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."

Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."

Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

I took a letter from Thumamah bin ‘Abd Allah bin Anas. He presumed that Abu Bakr had written it for Anas when he sent him (to Al Bahrain) as a collector of zakat. This (letter) was stamped with the stamp of the Messenger of Allah(saws) and was written by Abu Bakr for him(Anas). This letter goes “This is the obligatory sadaqah(zakat) which the Messenger of Allah(saws) imposed on Muslims which Allah commanded his Prophet(saws) to impose. Those Muslims who are asked for the proper amount must give it, but those who are asked for more than that must not give it. For less than twenty five Camels a goat is to be given for every five Camels. When they reach twenty five to thirty five, a she Camel in her second year is to be given. If there is no she Camel in her second year, a male Camel in its third year is to be given. When they reach thirty six to forty five, a she Camel in her third year is to be given. When they reach forty six to sixty , a she Camel in her fourth year which is ready to be covered by a stallion is to be given. When they reach sixty one to seventy five, a she Camel in her fifth year is to be given. When they reach seventy six to ninety, two she Camel in their third year are to be given. When they reach ninety one to a hundred and twenty, two she Camels in their fourth year are ready to be covered by a stallion are to be given. When they exceed a hundred and twenty, a she Camel in her third year is to be given for every forty and a she Camel in her fourth year for every fifty(Camels). In case the ages of the Camel vary in the payment of obligatory sadaqah(zakat) If anyone whose Camels reach the number on which a she Camel in her fifth year is payable does not possess one but possess one in her fourth year, that will be accepted from him along with two goats if he can conveniently give them, or else twenty dirhams. If anyone whose Camels reach the number on which a she Camel in her fourth year is payable does not possess but possesses one in her fifth year, that will be accepted from him, and the collector must give him twenty dirhams or two goats. If anyone whose Camels reach the number on which a she Camel in her fourth year is payable possesses only one in her third year, that will be accepted from him.”

Abu Dawud said From here I could not retain accurately from Musa as I liked “And he must give along with it two goats if he can conveniently give them, or else twenty dirhams. If anyone whose Camels reach the number on which a she Camel in her third year is payable possesses only one in her fourth year, that will be accepted from him.”

Abu Dawud said (I was doubtful) up to here, and retained correctly onward “and the collector must give him twenty dirhams or two goats. If anyone whose Camels reach the number on which a she Camel in her third year is payable does not possess one but possesses one in her second year, that will be accepted from him, but he must give two goats or twenty dirhams. Anyone whose Camels reach the number on which a she Camel in her second year is payable does not possess one but possesses a male Camel in its third year, that will be accepted from him, and nothing extra will be demanded along with it. If anyone possesses only four Camels, no zakat will be payable on them unless their owner wishes. If the numbers of the pasturing goats reach forty to one hundred and twenty, one goat is to be given. Over one hundred and twenty up to two hundred, two goats are to be given. If they exceed two hundred reaching three hundred, three goats are to be given. If they exceed three hundred, a goat is to be for every hundred. An old sheep, one with a defect in the eye, or a male goat is not to be accepted as sadaqah (zakat) unless the collector wishes. Those which are in separate flocks are not to be brought together and those which are in one flock are not to be separated from fear of sadaqah(zakat). Regarding what belongs to two partners, they can make claims for restitution from one another with equity, If a man’s pasturing animals are less than forty, no sadaqah(zakat) is due on them unless their owner wishes. On sliver dirhams a fortieth is payable, but if there are only a hundred and ninety, nothing is payable unless their owner wishes.”

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).

Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

I asked Ibn `Umar about those who were involved in a case of Lien. He said, "The Prophet said to those who were involved in a case of Lien, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." The man said, 'What about my property (Mahr) ?' The Prophet said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from `Amr. Narrated Aiyub: I heard Sa`id bin Jubair saying, "I asked Ibn `Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?' Ibn `Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn `Umar said, 'The Prophet separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?' "

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

When `Abdur-Rahman bin `Auf came to us, Allah's Apostle made a bond of fraternity between him and Sa`d bin Ar-Rabi` who was a rich man, Sa`d said, "The Ansar know that I am the richest of all of them, so I will divide my property into two parts between me and you, and I have two wives; see which of the two you like so that I may divorce her and you can marry her after she becomes lawful to you by her passing the prescribed period (i.e. 'Idda) of divorce. `Abdur Rahman said, "May Allah bless you your family (i.e. wives) for you." (But `Abdur-Rahman went to the market) and did not return on that day except with some gain of dried yogurt and butter. He went on trading just a few days till he came to Allah's Apostle bearing the traces of yellow scent over his clothes. Allah's Apostle asked him, "What is this scent?" He replied, "I have married a woman from the Ansar." Allah's Apostle asked, "How much Mahr have you given?" He said, "A date-stone weight of gold or a golden date-stone." The Prophet said, "Arrange a marriage banquet even with a sheep."

I asked Allah's Apostle about the Mi'rad. He said, "If you hit the game with its sharp edge, eat it, but if the Mi'rad hits the game with its shaft with a hit by its broad side do not eat it, for it has been beaten to death with a piece of wood. (i.e. unlawful)." I asked, "If I let loose my trained hound after a game?" He said, "If you let loose your trained hound after game, and mention the name of Allah, then you can eat." I said, "If the hound eats of the game?" He said "Then you should not eat of it, for the hound has hunted the game for itself and not for you." I said, "Some times I send my hound and then I find some other hound with it?" He said "Don't eat the game, as you have mentioned the Name of Allah on your dog only and not on the other."

That the Messenger of Allah (saws) said: "Any skin tanned, then it has been made pure."

This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge, they say that when the skin of a dead animal has been tanned then it has been made pure.

[Abu 'Eisa said:] Ash-Shafi'i said: "Any dead animals skin that is tanned, then it has been made pure, except for the dog and the pig." Some of the people of knowledge among the Companions of the Prophet (saws) disliked skins of predators even when tanned, and this is the view of 'Abdullah bin Al-Mubarak, Ahmad and Ishaq, and they were firm about not wearing them and performing Salat in them. Ishaq bin Ibrahim said: "The saying of the Prophet (saws):'Any skin that is tanned, then it has been made pure' only refers to the skins of animals whose meat is eaten." This is how it was explained by An-Nasr bin Shumail.