That once `Umar bin Al-Khattab called him and while he was sitting with him, his gatekeeper, Yarfa came and said, "Will you admit `Uthman, `Abdur-Rahman bin `Auf, AzZubair and Sa`d (bin Abi Waqqas) who are waiting for your permission?" `Umar said, "Yes, let them come in." After a while, Yarfa- came again and said, "Will you admit `Ali and `Abbas who are asking your permission?" `Umar said, "Yes." So, when the two entered, `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali). "Both of them had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai (i.e. booty gained without fighting), `Ali and `Abbas started reproaching each other. The (present) people (i.e. `Uthman and his companions) said, "O chief of the believers! Give your verdict in their case and relieve each from) the other." `Umar said, "Wait I beseech you, by Allah, by Whose Permission both the heaven and the earth stand fast! Do you know that Allah's Apostle said, 'We (Prophets) our properties are not to be inherited, and whatever we leave, is to be spent in charity,' and he said it about himself?" They (i.e. `Uthman and his company) said, "He did say it. "`Umar then turned towards `Ali and `Abbas and said, "I beseech you both, by Allah! Do you know that Allah's Apostle said this?" They replied in the affirmative. He said, "Now I am talking to you about this matter. Allah the Glorified favored His Apostle with something of this Fai (i.e. booty won without fighting) which He did not give to anybody else. Allah said:-- "And what Allah gave to His Apostle ("Fai"" Booty) from them--For which you made no expedition With either Calvary or camelry. But Allah gives power to His Apostles Over whomsoever He will And Allah is able to do all things." (59.6) So this property was especially granted to Allah's Apostle . But by Allah, the Prophet neither took it all for himself only, nor deprived you of it, but he gave it to all of you and distributed it amongst you till only this remained out of it. And from this Allah's Apostle used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's Property is spent (i.e. in charity), Allah's Apostle kept on acting like that during all his life, Then he died, and Abu Bakr said, 'I am the successor of Allah's Apostle.' So he (i.e. Abu Bakr) took charge of this property and disposed of it in the same manner as Allah's Apostle used to do, and all of you (at that time) knew all about it." Then `Umar turned towards `Ali and `Abbas and said, "You both remember that Abu Bakr disposed of it in the way you have described and Allah knows that, in that matter, he was sincere, pious, rightly guided and the follower of the right. Then Allah caused Abu Bakr to die and I said, 'I am the successor of Allah's Apostle and Abu Bakr.' So I kept this property in my possession for the first two years of my rule (i.e. Caliphate and I used to dispose of it in the same wa as Allah's Apostle and Abu Bakr used to do; and Allah knows that I have been sincere, pious, rightly guided an the follower of the right (in this matte Later on both of you (i.e. `Ali and `Abbas) came to me, and the claim of you both was one and the same, O `Abbas! You also came to me. So I told you both that Allah's Apostle said, "Our property is not inherited, but whatever we leave is to be given in charity.' Then when I thought that I should better hand over this property to you both or the condition that you will promise and pledge before Allah that you will dispose it off in the same way as Allah's Apostle and Abu Bakr did and as I have done since the beginning of my caliphate or else you should not speak to me (about it).' So, both of you said to me, 'Hand it over to us on this condition.' And on this condition I handed it over to you. Do you want me now to give a decision other than that (decision)? By Allah, with Whose Permission both the sky and the earth stand fast, I will never give any decision other than that (decision) till the Last Hour is established. But if you are unable to manage it (i.e. that property), then return it to me, and I will manage on your behalf." The sub-narrator said, "I told `Urwa bin Az-Zubair of this Hadith and he said, 'Malik bin Aus has told the truth" I heard `Aisha, the wife of the Prophet saying, 'The wives of the Prophet sent `Uthman to Abu Bakr demanding from him their 1/8 of the Fai which Allah had granted to his Apostle. But I used to oppose them and say to them: Will you not fear Allah? Don't you know that the Prophet used to say: Our property is not inherited, but whatever we leave is to be given in charity? The Prophet mentioned that regarding himself. He added: 'The family of Muhammad can take their sustenance from this property. So the wives of the Prophet stopped demanding it when I told them of that.' So, this property (of Sadaqa) was in the hands of `Ali who withheld it from `Abbas and overpowered him. Then it came in the hands of Hasan bin `Ali, then in the hands of Husain bin `Ali, and then in the hands of `Ali bin Husain and Hasan bin Hasan, and each of the last two used to manage it in turn, then it came in the hands of Zaid bin Hasan, and it was truly the Sadaqa of Allah's Apostle ."

Yahya related to me from Malik from Yahya ibn Said from Ismail ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his property in the bayt al-mal."

Malik related to me from Nafi that Abdullah ibn Umar inherited the house of Hafsa bint Umar. He said, "Hafsa gave lodging to the daughter of Zayd ibn al-Khattab for as long as she lived. When the daughter of Zayd died, Abdullah ibn Umar took possession of the dwelling and considered that it was his."

Malik related to me from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave-girl gives birth to a child by her master, he must not sell her, give her away, or bequeath her. He enjoys her and when he dies she is free ."

Yahya related to me from Malik that he heard that A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'No prophet dies until he is given the choice.' " She continued, "I heard him say ,'O Allah, the highest company,' and I knew that he was going."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

The Messenger of Allah (saws) would accept a present, but would not accept alms (sadaqah). And Wahb bin Baqiyyah narrated to us, elsewhere, from Khalid, from Muhammad ibn Amr said on the authority of AbuSalamah, and he did not mention the name of Abu Hurairah: The Messenger of Allah (saws) used to accept presents but not alms (sadaqah).

This version adds: So a Jewess presented him at Khaybar with a roasted sheep which she had poisoned. The Messenger of Allah (saws) ate of it and the people also ate.

He then said: Take away your hands (from the food), for it has informed me that it is poisoned. Bishr ibn al-Bara' ibn Ma'rur al-Ansari died.

So he (the Prophet) sent for the Jewess (and said to her): What motivated you to do the work you have done?

She said: If you were a prophet, it would not harm you; but if you were a king, I should rid the people of you. The Messenger of Allah (saws) then ordered regarding her and she was killed. He then said about the pain of which he died: I continued to feel pain from the morsel which I had eaten at Khaybar. This is the time when it has cut off my aorta.

Zaynab said, "I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! My daughter's husband died, and her eyes are troubling her, can she put kohl on them?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No' two or three times. Then he said, 'It is only four months and ten days. In the Jahiliyya, none of you threw away the piece of dung until a year had passed.' "

Humayd ibn Nafi said, "I asked Zaynab to explain what 'throwing away the piece of dung at the end of a year' meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal - a donkey, a sheep, or a bird, and she would break her idda with it, by rubbing her body against it (taftaddu). Rarely did she break her idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.' "

Malik explained, 'Taftaddu' means to wipe her skin with it in the same way as with a healing charm."

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, died on Monday and was buried on Tuesday and people prayed over him individually with no one leading them. Some people said that he would be buried near the mimbar, and others said that he would be buried in al-Baqi. Abu Bakr as-Siddiq came and said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No prophet was ever buried except in the place where he died.' "So a grave was dug for him there. When he was about to be washed they wished to take off his shirt but they heard a voice saying "Don't take off his shirt," so they did not take off his shirt and he was washed with it on, may Allah bless him and grant him peace.

"A letter came from the Messenger of Allah (saws) saying: 'Do not use the skins of dead animals, nor tendons.'"

[Abu 'Eisa said:] This Hadith is Hasan. This Hadith has been related to 'Abdullah bin 'Ukaim from some Shuyukh of his, and this is not acted upon according to most of the people of knowledge. And this Hadith has been related from 'Abdullah bin 'Ukaim, that he said: "A letter came to us from the Messenger of Allah (saws) two months before he died."

He said: I heart Ahmad bin Al-Hasan saying: "Ahmad bin Hanbal followed this Hadith due to it mentioning that it was two months before he (saws) died. Then Ahmad left this Hadith because of their Idtirab in its chain, since some of them reported it, saying: 'From 'Abdullah bin 'Ukaim from some Shuyukh of his from Juhainah.'"

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."

I participated in a Ghazwa along with Allah's Apostle The Prophet met me (on the way) while I was riding a camel of ours used for irrigation and it had got so tired that it could hardly walk. The Prophet asked me, "What is wrong with the camel?" I replied, "It has got tired." So. Allah's Apostle came from behind it and rebuked it and prayed for it so it started surpassing the other camels and going ahead of them. Then he asked me, "How do you find your camel (now)?" I replied, "I find it quite well, now as it has received your blessings." He said, "Will you sell it to me?" I felt shy (to refuse his offer) though it was the only camel for irrigation we had. So, I said, "Yes." He said, "Sell it to me then." I sold it to him on the condition that I should keep on riding it till I reached Medina. Then I said, "O Allah's Apostle! I am a bridegroom," and requested him to allow me to go home. He allowed me, and I set out for Medina before the people till I reached Medina, where I met my uncle, who asked me about the camel and I informed him all about it and he blamed me for that. When I took the permission of Allah's Apostle he asked me whether I had married a virgin or a matron and I replied that I had married a matron. He said, "Why hadn't you married a virgin who would have played with you, and you would have played with her?" I replied, "O Allah's Apostle! My father died (or was martyred) and I have some young sisters, so I felt it not proper that I should marry a young girl like them who would neither teach them manners nor serve them. So, I have married a matron so that she may serve them and teach them manners." When Allah's Apostle arrived in Medina, I took the camel to him the next morning and he gave me its price and gave me the camel itself as well.

About the Qur'anic verse: "It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them. When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter.

The Ansar came to the Messenger of Allah (saws) on the day of Uhud and said: We have been afflicted with wound and fatigue. What do you command us?

He said: Dig graves, make them wide, bury two or three in a single grave.

He was asked: Which of them should be put first?

He replied: The one who knew the Qur'an most.

He (Hisham) said: My father Amir died on the day and was buried with two or one.

Yahya related to me from Malik from Abdullah ibn Abi Bakr that Asma bint Umays washed Abu Bakr as-Siddiq when he died. Then she went out and asked some of the muhajirun who were there, "I am fasting and this is an extremely cold day. Do I have to do ghusl?" They said, "No."

Yahya related to me from Malik that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, used to say, "I did not believe that the Messenger of Allah, may Allah bless him and grant him peace, had died until I heard the pickaxes fall."

That the Messenger of Allah (saws) said: "Whoever dies and he is free of three: Kibr (Pride), Ghulul, and debt, he will enter paradise."

There are narrations on this topic from Abu Hurairah and Zaid bin Khalid Al-Juhni

Footnote: Ghulul refers to goods stolen from the spoils of war, or concealed, before it is divided among the soldiers

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).