Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

Kuraib, the freed slave of Ibn 'Abbas (Allah be pleased with him), reported from Maimuna, the wife of the Apostle of Allah (may peace be upon him), that people had doubt about the fasting of Allah's Messenger (may peace be upon him) on the day of 'Arafa. Maimuna sent him a cup of milk and he was halting at a place and he drank it and the people were seeing him.

'Imran b. Husain reported that a person who had no other property emancipated six slaves of his at the time of his death. Allah's Messenger (may peace be upon him) called for them and divided them into three sections, cast lots amongst them, and set two free and kept four in slavery; and he (the Holy Prophet) spoke severely of him.

Anas b. Malik reported to them (his companions) that Allah's Messnger (may peace be upon him) had granted concession to Abd al-Rahman b. *Anf and Zubair b. 'Awwam for the wearing of a silk shirt during the journey and because of itch which they both had or any other disease from which both of them had been suffering.

The Prophet (saws) said: None of you must say: "My slave" (abdi) and "My slave-woman" (amati), and a slave must not say: "My lord" (rabbi or rabbati). The master (of a slave) should say: "My young man" (fataya) and "My young woman" (fatati), and a slave should say "My master" (sayyidi) and "My mistress" (sayyidati), for you are all (Allah's slave and the Lord is Allah, Most High.

Allah's Apostle said, "When (Allah's) slave is put in his grave and his companions return and he even hears their footsteps, two angels come to him and make him sit and ask, 'What did you use to say about this man (i.e. Muhammad)?' The faithful Believer will say, 'I testify that he is Allah's slave and His Apostle.' Then they will say to him, 'Look at your place in the Hell Fire; Allah has given you a place in Paradise instead of it.' So he will see both his places." (Qatada said, "We were informed that his grave would be made spacious." Then Qatada went back to the narration of Anas who said;) Whereas a hypocrite or a non-believer will be asked, "What did you use to say about this man." He will reply, "I do not know; but I used to say what the people used to say." So they will say to him, "Neither did you know nor did you take the guidance (by reciting the Qur'an)." Then he will be hit with iron hammers once, that he will send such a cry as everything near to him will hear, except Jinns and human beings. (See Hadith No. 422).

Allah's Apostle sat on the pulpit and said, "Allah has given one of His Slaves the choice of receiving the splendor and luxury of the worldly life whatever he likes or to accept the good (of the Hereafter) which is with Allah. So he has chosen that good which is with Allah." On that Abu Bakr wept and said, "Our fathers and mothers be sacrificed for you." We became astonished at this. The people said, "Look at this old man! Allah's Apostle talks about a Slave of Allah to whom He has given the option to choose either the splendor of this worldly life or the good which is with Him, while he says. 'our fathers and mothers be sacrifice(i for you." But it was Allah's Apostle who had been given option, and Abu Bakr knew it better than we. Allah's Apostle added, "No doubt, I am indebted to Abu Bakr more than to anybody else regarding both his companionship and his wealth. And if I had to take a Khalil from my followers, I would certainly have taken Abu Bakr, but the fraternity of Islam is. sufficient. Let no door (i.e. Khoukha) of the Mosque remain open, except the door of Abu Bakr."

Abu Hudhaifa bin `Utba bin Rabi`a bin `Abdi Shams who had witnessed the battle of Badr along with the Prophet adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin `Utba bin Rabi`a; and Salim was the freed slave of an Ansar woman, just as the Prophet had adopted Zaid as his son. It was the custom in the Pre-lslamic Period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: 'Call them by (the names of) their fathers . . . your freed-slaves,' (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and your brother in religion. Later on Sahla bint Suhail bin `Amr Al-Quraishi Al-`Amiri-- and she was the wife of Abu- Hudhaifa bin `Utba--came to the Prophet and said, "O Allah's Apostle! We used to consider Salim as our (adopted) son, and now Allah has revealed what you know (regarding adopted sons)." The sub-narrator then mentioned the rest of the narration.

Allah's Apostle went towards the Khandaq (i.e. Trench) and saw the Emigrants and the Ansar digging in a very cold morning as they did not have slaves to do that for them. When he noticed their fatigue and hunger he said, "O Allah! The real life is that of the Here-after, (so please) forgive the Ansar and the Emigrants." In its reply the Emigrants and the Ansar said, "We are those who have given a pledge of allegiance to Muhammad that we will carry on Jihad as long as we live."

The Prophet said, "O Bani `Abd Munaf! Buy yourselves from Allah; O Bani `Abdul-Muttalib! Buy yourselves from Allah; O mother of Az-Zubair bin Al-Awwam, the aunt of Allah's Apostle, and O Fatima bint Muhammad! Buy yourselves from Allah, for I cannot defend you before Allah. You (both) can ask me from my property as much as you like. "

`Abdullah (bin Mas`ud) was mentioned before `Abdullah bin `Amr. The latter said, "That is a man I continue to love because I heard Allah's Apostle saying, ' Learn the recitation of the Qur'an from (any of these) four persons: `Abdullah bin Masud, Salim the freed slave of Abu Hudhaifa, Ubai bin Ka`b, and Mu`adh bin Jabal." I do not remember whether he mentioned Ubai first or Mu`adh.

Allah's Apostle neither talked in an insulting manner nor did he ever speak evil intentionally. He used to say, "The most beloved to me amongst you is the one who has the best character and manners." He added, " Learn the Qur'an from (any of these) four persons. `Abdullah bin Mas`ud, Salim the freed slave of Abu Hudhaifa, Ubai bin Ka`b, and Mu`adh bin Jabal."

Allah's Apostle went out towards the Khandaq (i.e. Trench) and saw the Emigrants and the Ansar digging the trench in the cold morning. They had no slaves to do that (work) for them. When the Prophet saw their hardship and hunger, he said, 'O Allah! The real life is the life of the Hereafter, so please forgive Ansar and the Emigrants." They said in reply to him, "We are those who have given the Pledge of allegiances to Muhammad for to observe Jihad as long as we live."

A woman from the tribe of Khath'am asked for the verdict of Allah's Apostle (regarding something) during Hajjat-ul-Wada` while Al-Fadl bin `Abbas was the companion-rider behind Allah's Apostle. She asked, "Allah's ordained obligation (i.e. compulsory Hajj) enjoined on His slaves has become due on my old father who cannot sit firmly on the riding animal. Will it be sufficient if I perform the Hajj on his behalf?" He said, "Yes."

I was a guest of Abu Huraira for seven days. Abu Huraira, his wife and his slave used to get up and remain awake for one-third of the night by turns. Each would offer the night prayer and then awaken the other. I heard Abu Huraira saying, "Allah's Apostle distributed dates among his companions and my share was seven dates, one of which was a Hashafa (a date which dried on the tree before it was fully ripe).

That he said, "O Allah's Apostle! What do you think about my good deeds which I used to do during the period of ignorance (before embracing Islam) like keeping good relations with my Kith and kin, manumitting of slaves and giving alms etc; Shall I receive the reward for that?" Allah's Apostle said, "You have embraced Islam with all those good deeds which you did.

The Prophet said, "O Mu`adh! Do you know what Allah's Right upon His slaves is?" I said, "Allah and His Apostle know best." The Prophet said, "To worship Him (Allah) Alone and to join none in worship with Him (Allah). Do you know what their right upon Him is?" I replied, "Allah and His Apostle know best." The Prophet said, "Not to punish them (if they do so).

Allah's Apostle said, "There are angels coming to you in succession at night, and others during the day, and they all gather at the time of `Asr and Fajr prayers. Then the angels who have stayed with you overnight ascend (to the heaven) and He (Allah) asks them though He perfectly knows their affairs. 'In what state have you left my slaves?' They say, 'When we left them, they were praying and when we came to them they were praying.' "

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

I went out with 'Ubaidullah bin `Adi Al-Khaiyar. When we reached Hims (i.e. a town in Syria), 'Ubaidullah bin `Adi said (to me), "Would you like to see Wahshi so that we may ask him about the killing of Hamza?" I replied, "Yes." Wahshi used to live in Hims. We enquired about him and somebody said to us, "He is that in the shade of his palace, as if he were a full water skin." So we went up to him, and when we were at a short distance from him, we greeted him and he greeted us in return. 'Ubaidullah was wearing his turban and Wahshi could not see except his eyes and feet. 'Ubaidullah said, "O Wahshi! Do you know me?" Wahshi looked at him and then said, "No, by Allah! But I know that `Adi bin Al-Khiyar married a woman called Um Qital, the daughter of Abu Al-Is, and she delivered a boy for him at Mecca, and I looked for a wet nurse for that child. (Once) I carried that child along with his mother and then I handed him over to her, and your feet resemble that child's feet." Then 'Ubaidullah uncovered his face and said (to Wahshi), "Will you tell us (the story of) the killing of Hamza?" Wahshi replied "Yes, Hamza killed Tuaima bin `Adi bin Al-Khaiyar at Badr (battle) so my master, Jubair bin Mut`im said to me, 'If you kill Hamza in revenge for my uncle, then you will be set free." When the people set out (for the battle of Uhud) in the year of 'Ainain ..'Ainain is a mountain near the mountain of Uhud, and between it and Uhud there is a valley.. I went out with the people for the battle. When the army aligned for the fight, Siba' came out and said, 'Is there any (Muslim) to accept my challenge to a duel?' Hamza bin `Abdul Muttalib came out and said, 'O Siba'. O Ibn Um Anmar, the one who circumcises other ladies! Do you challenge Allah and His Apostle?' Then Hamza attacked and killed him, causing him to be non-extant like the bygone yesterday. I hid myself under a rock, and when he (i.e. Hamza) came near me, I threw my spear at him, driving it into his umbilicus so that it came out through his buttocks, causing him to die. When all the people returned to Mecca, I too returned with them. I stayed in (Mecca) till Islam spread in it (i.e. Mecca). Then I left for Taif, and when the people (of Taif) sent their messengers to Allah's Apostle, I was told that the Prophet did not harm the messengers; So I too went out with them till I reached Allah's Apostle. When he saw me, he said, 'Are you Wahshi?' I said, 'Yes.' He said, 'Was it you who killed Hamza?' I replied, 'What happened is what you have been told of.' He said, 'Can you hide your face from me?' So I went out when Allah's Apostle died, and Musailamah Al-Kadhdhab appeared (claiming to be a prophet). I said, 'I will go out to Musailamah so that I may kill him, and make amends for killing Hamza. So I went out with the people (to fight Musailamah and his followers) and then famous events took place concerning that battle. Suddenly I saw a man (i.e. Musailamah) standing near a gap in a wall. He looked like an ash-colored camel and his hair was dishevelled. So I threw my spear at him, driving it into his chest in between his breasts till it passed out through his shoulders, and then an Ansari man attacked him and struck him on the head with a sword. `Abdullah bin `Umar said, 'A slave girl on the roof of a house said: Alas! The chief of the believers (i.e. Musailamah) has been killed by a black slave."