Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is ...

Yahya related to me from Malik from Nafi that Abdullah ibn Umar and he were approaching Juruf. When they got to Mirbad, Abdullah got down and did tayammum with some good earth. He wiped his face, and his arms to the elbows, and then prayed.

Yahya related to me from Malik from Afif as-Sahmi that a man from the tribe of Bani Asad asked Abu Ayyub al-Ansari. "Sometimes I pray in my house, and then come to the mosque and find the imam praying. Should I pray with him?" Abu Ayyub said, "Yes, pray with him, for some one who does so has the reward of the group, or the equivalent of the reward of the group."

The Prophet said, "When you hear the crowing of roosters, ask for Allah's Blessings for (their crowing indicates that) they have seen an angel. And when you hear the braying of donkeys, seek Refuge with Allah from Satan for (their braying indicates) that they have seen a Satan."

"Alcoholic drinks were prohibited (by Allah) when there was nothing of it (special kind of wine) in Medina.

I said: Messenger of Allah, should we not build a house or a building which shades you from the sun? He replied: No, it is a place for the one who reaches there earlier.

Al-Hajjaj went to Ibn `Umar while I was present there. Al-Hajjaj asked Ibn `Umar, "How are you?" Ibn `Umar replied, "I am all right," Al-Hajjaj asked, "Who wounded you?" Ibn `Umar replied, "The person who allowed arms to be carried on the day on which it was forbidden to carry them (he meant Al-Hajjaj)."

Once Sa'd, with the Messenger of Allah (saws), visited a woman in front of whom were some date-stones or pebbles which she was using as a rosary to glorify Allah. He (the Prophet) said: I tell you something which would be easier (or more excellent) for you than that. He said (it consisted of saying): "Glory be to Allah" as many times as the number of that which He has created in Heaven; "Glory be to Allah" as many times as the number of that which He has created on Earth; "Glory be to Allah" as many times as the number of that which He has created between them; "Glory be to Allah" as many times as the number of that which He is creating; "Allah is most great" a similar number of times; "Praise (be to Allah)" a similar number of times; and "There is no god but Allah" a similar number of times; "There is no might and no power except in Allah" a similar number of times.

Malik related to me from Ibn Shihab from Abu Umama ibn Sahl ibn Hunayf from Abdullah ibn Abbas that Khalid ibn al-Walid ibn al-Mughira entered the house of Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, with the Messenger of Allah, may Allah bless him and grant him peace, and he was brought a roasted lizard. The Messenger of Allah, may Allah bless him and grant him peace, stretched his hand toward it. One of the women who was in Maimuna's house said, "Tell the Messenger of Allah, may Allah bless him and grant him peace, what he means to eat." Someone said, "It is a lizard, Messenger of Allah." He withdrew his hand. Khalid said, "Is it haram, Messenger of Allah?" He said, "No, but there were none in my people's land, and I find that I dislike them."

Khalid added, "I chewed and ate it while the Messenger of Allah, may Allah bless him and grant him peace, was looking."

That one night Allah's Apostle came to him and Fatima and said, "Don't you (both offer the (Tahajjud) prayer?" `Ali said, 'When Allah wishes us to get up, we get up." The Prophet then recited: 'But man is more quarrelsome than anything.' (18.54) (See Hadith No. 227,Vol. 2)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone dedicates an animal and then it goes astray or dies, he should provide a substitute, if it was for a vow. If, however, it was voluntary, then he can either provide a substitute for it or not, as he wishes."

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Ibn `Abbas said, "Preach to the people once a week, and if you won't, then preach them twice, but if you want to preach more, then let it be three times (a week only), and do not make the people fed-up with this Qur'an. If you come to some people who are engaged in a talk, don't start interrupting their talk by preaching, lest you should cause them to be bored. You should rather keep quiet, and if they ask you, then preach to them at the time when they are eager to hear what you say. And avoid the use of rhymed prose in invocation for I noticed that Allah's Apostle and his companions always avoided it."

I asked Muhammad about this, so he said: "It is: 'Malik from Az-Zuhri from the Prophet (saws).'"

I heard Allah's Apostle saying, "If anyone of you saw a dream which he liked, then that was from Allah, and he should thank Allah for it and tell it to others; but if he saw something else, i.e, a dream which he did not like, then that is from Satan and he should seek refuge with Allah from it and should not tell it to anybody for it will not harm him."

I heard the Messenger of Allah (saws) say: Every intoxicant is forbidden; if a faraq of anything causes intoxication, a handful of it is forbidden.

Nobody asked the Prophet as many questions as I asked regarding Ad-Dajjal. The Prophet said to me, "What worries you about him?" I said, "Because the people say that he will have a mountain of bread and a river of water with him (i.e. he will have abundance of food and water)" The Prophet said, "Nay, he is too mean to be allowed such a thing by Allah"' (but it is only to test mankind whether they believe in Allah or in Ad-Dajjal.)

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "If someone marries a woman and cannot have intercourse with her, there is a deadline of a year set for him to have intercourse with her. If he does not, they are separated."

`Umar bin Al-Khattab set out with Allah's Apostle, and a group of his companions to Ibn Saiyad. They found him playing with the boys in the fort or near the Hillocks of Bani Maghala. Ibn Saiyad was nearing his puberty at that time, and he did not notice the arrival of the Prophet till Allah's Apostle stroked him on the back with his hand and said, "Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Apostle of the unlettered ones (illiterates)". Then Ibn Saiyad said to the Prophets . "Do you testify that I am Allah's Apostle?" The Prophet denied that, saying, "I believe in Allah and all His Apostles," and then said to Ibn Saiyad, "What do you see?" Ibn Saiyad said, "True people and liars visit me." The Prophet said, "You have been confused as to this matter." Allah's Apostle added, "I have kept something for you (in my mind)." Ibn Saiyad said, "Ad-Dukh." The Prophet said, "Ikhsa (you should be ashamed) for you can not cross your limits." `Umar said, "O Allah's Apostle! Allow me to chop off h is neck." Allah's Apostle said (to `Umar). "Should this person be him (i.e. Ad-Dajjal) then you cannot over-power him; and should he be someone else, then it will be no use your killing him." `Abdullah bin `Umar added: Later on Allah's Apostle and Ubai bin Ka`b Al-Ansari (once again) went to the garden in which Ibn Saiyad was present. When Allah's Apostle entered the garden, he started hiding behind the trunks of the date-palms intending to hear something from Ibn Saiyad before the latter could see him. Ibn Saiyad was Lying on his bed, covered with a velvet sheet from where his mumur were heard. Ibn Saiyad's mother saw the Prophet and said, "O Saf (the nickname of Ibn Saiyad)! Here is Muhammad!" Ibn Saiyad stopped his murmuring. The Prophet said, "If his mother had kept quiet, then I would have learnt more about him." `Abdullah added: Allah's Apostle stood up before the people (delivering a sermon), and after praising and glorifying Allah as He deserved, he mentioned the Ad-Dajjal saying, "I warn you against him, and there has been no prophet but warned his followers against him. Noah warned his followers against him but I am telling you about him, something which no prophet has told his people of, and that is: Know that he is blind in one eye where as Allah is not so."

Allah's Apostle said to Mu`adh bin Jabal when he sent him to Yemen. "You will come to the people of Scripture, and when you reach them, invite them to testify that none has the right to be worshipped except Allah and that Muhammad is His Apostle. And if they obey you in that, then tell them that Allah has enjoined on them five prayers to be performed every day and night. And if they obey you in that, then tell them that Allah has enjoined on them Sadaqa (i.e. rak`at) to be taken from the rich amongst them and given to the poor amongst them. And if they obey you in that, then be cautious! Don't take their best properties (as Zakat) and be afraid of the curse of an oppressed person as there is no screen between his invocation and Allah.

`Utba bin Abi Waqqas authorized his brother Sa`d bin Abi Waqqas to take the son of the slave-girl of Zam`a into his custody, telling him that the boy was his own (illegal) son. When Allah's Apostle went (to Mecca) at the time of the Conquest, Sa`d took the son of the slave-girl of Zam`a to Allah's Apostle and also brought 'Abu bin Zam`a with him and said, "O Allah's Apostle! This is the son of my brother `Utba who authorized me to take him into my custody." 'Abu bin Zam`a said, "O Allah's Apostle! He is my brother, the son of Zam`a's slave-girl and he was born on his bed." Allah's Apostle looked at the son of the slave-girl of Zam`a and noticed much resemblance (to `Utba). Allah's Apostle said, "It is for you, O 'Abu bin Zam`a as he was born on the bed of your father." Allah's Apostle then told Sauda bint Zam`a to observe veil in the presence of the boy as he noticed the boy's resemblance to `Utba and Sauda was the wife of the Prophet .

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces ...

The Messenger of Allah (saws) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.

Allah's Apostle said, "When anyone of you dies, he will be shown his destination both in the morning and in the evening, and if he belongs to the people of Paradise, he will be shown his place in Paradise, and if he is from the people of Hell, he will be shown his place in Hell."

I heard the Messenger of Allah (saws) say: May Allah brighten a man who hears a tradition from us, gets it by heart and passes it on to others. Many a bearer of knowledge conveys it to one who is more versed than he is; and many a bearer of knowledge is not versed in it.

On the authority of his father: A man emancipated his share in a slave. The Prophet (saws) did not put the responsibility on him to emancipate the rest.

Ahmad said: The name Ibn al-Thalabb is to be pronounced with a ta' (and not with tha). As Shu'bah could not pronounce ta, he said tha.

Once on a rainy muddy day, Ibn `Abbas delivered a sermon in our presence and when the Mu'adhdhin pronounced the Adhan and said, "Haiyi `ala-s-sala(t) (come for the prayer)" Ibn `Abbas ordered him to say 'Pray at your homes.' The people began to look at each other (surprisingly). Ibn `Abbas said. "It was done by one who was much better than I (i.e. the Prophet or his Mu'adh-dhin), and it is a license.'

The following Verse: If a woman fears cruelty or desertion on her husband's part (i.e. the husband notices something unpleasant about his wife, such as old age or the like, and wants to divorce her, but she asks him to keep her and provide for her as he wishes). (4.128) "There is no blame on them if they reconcile on such basis."