The Prophet (saws) as saying: In the morning alms are due for every bone in man's body. His salutation to everyone he meets is alms, his enjoining good is alms, his forbidding what is evil is alms, the removal of harmful thing from the way is alms, to have sexual intercourse with one's wife if alms, and two rak'ahs which one prays in the Duha serve instead of that.

Abu Dawud said: The tradition narrated by 'Abbad is more perfect (than the version narrated by Musaddad). Musaddad did not mention in his version "the command (of good) and the prohibition (of evil)". Instead, he added in his version saying: "Such and such." Ibn Ma'na added in his version: "They (the people) said: Messenger of Allah, how is that one of us fulfills his desire and still there are alms for him (i.e. is rewarded)? He replied: What do you think if you had unlawful sexual intercourse, would he not have been a sinner ?

I asked Mujahid regarding the prostration in Surat Sa`d. He said, "I asked Ibn `Abbas, 'What evidence makes you prostrate?' He said, "Don't you recite:--'And among his progeny, David and Solomon..(6.84). Those are they whom Allah had guided. So follow their guidance.' (6.90) So David was the one of those prophets whom Prophet (Muhammad) was ordered to follow. David prostrated, so Allah's Apostle (Muhammad) performed this prostration too.'

"My father sent me saying, 'Take this letter to `Uthman for it contains the orders of the Prophet concerning the Sadaqa.' "

`Abdullah bin Az-Zubair said that a group of riders belonging to Banu Tamim came to the Prophet, Abu Bakr said (to the Prophet ), "Appoint Al-Qa'qa bin Mabad bin Zurara as (their) ruler." `Umar said (to the Prophet). "No! But appoint Al-Aqra bin H`Abis." Thereupon Abu Bakr said (to `Umar). "You just wanted to oppose me." `Umar replied. "I did not want to oppose you." So both of them argued so much that their voices became louder, and then the following Divine Verses were revealed in that connection:-- "O you who believe ! Do not be forward in the presence of Allah and His Apostle..." (till the end of Verse)...(49.1)

A group of Bani Tamim came to the Prophet (and requested him to appoint a governor for them). Abu Bakr said, "Appoint Al-Qaqa bin Mabad." `Umar said, "Appoint Al-Aqra' bin Habeas." On that Abu Bakr said (to `Umar). "You did not want but to oppose me!" `Umar replied "I did not intend to oppose you!" So both of them argued till their voices grew loud. So the following Verse was revealed: 'O you who believe! Be not forward......' (49.1)

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

A hadith like this that Ibn 'Abbas ordered his Mu'adhdhin (to summon people to prayer and then make announcement to say prayer in their houses) on Friday which was a rainy day, has been transmitted by 'Abdullah b. Harith. Wuhaib, however, says that he did not hear it from him.

The Prophet sent an army unit (for some campaign) and appointed a man from the Ansar as its commander and ordered them (the soldiers) to obey him. (During the campaign) he became angry with them and said, "Didn't the Prophet order you to obey me?" They said, "Yes." He said, "I order you to collect wood and make a fire and then throw yourselves into it." So they collected wood and made a fire, but when they were about to throw themselves into, it they started looking at each other, and some of them said, "We followed the Prophet to escape from the fire. How should we enter it now?" So while they were in that state, the fire extinguished and their commander's anger abated. The event was mentioned to the Prophet and he said, "If they had entered it (the fire) they would never have come out of it, for obedience is required only in what is good." (See Hadith No. 629. Vol. 5)

Ibn `Abbas said, "Allah ordered His Prophet to celebrate Allah's praises after all prayers." He refers to His Statement: 'After the prayers.' (50.40)

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which ...

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 Verse) "Hold to forgiveness; command what is right..." was revealed by Allah except in connection with the character of the people.

No doubt the Prophet ordered people to manumit slaves during the solar eclipse.

The Prophet (saws) said: How will you do when that time will come? Or he said: A time will soon come when the people are sifted and only dregs of mankind survive and their covenants and guarantees have been impaired and they have disagreed among themselves and become thus, interwining his fingers. They asked: What do you order us to do, Messenger of Allah? He replied: Accept what you approve, abandon what you disapprove, attend to your own affairs and leave alone the affairs of the generality.

Abu dawud said: A similar tradition has been transmitted by 'Abd Allah bin 'Amr from the Prophet (saws) through different chain.

We were in the company of the Messenger of Allah (saws) during one of his journeys. He overslept abandoning the morning prayer until the sun had arisen. The Messenger of Allah (saws) awoke and said: Go away from this place.

He then commanded Bilal to call for prayer. He called for prayer. They (the people) performed ablution and offered two rak'ahs of the morning prayer (sunnah prayer). He then commanded Bilal (to utter the iqamah, i.e. to summon the people to attend the prayer). He announced the prayer (i.e. uttered the iqamah) and he led them in the morning prayer.

I never saw the Messenger of Allah (saws) that some dispute which involved retaliation was brought to him but he commanded regarding it for remission.

Musailama-al-Kadhdhab (i.e. the liar) came in the life-time of Allah's Apostle with many of his people (to Medina) and said, "If Muhammad makes me his successor, I will follow him." Allah's Apostle went up to him with Thabit bin Qais bin Shams; and Allah's Apostle was carrying a piece of a datepalm leaf in his hand. He stood before Musailama (and his companions) and said, "If you asked me even this piece (of a leaf), I would not give it to you. You cannot avoid the fate you are destined to, by Allah. If you reject Islam, Allah will destroy you. I think that you are most probably the same person whom I have seen in the dream." Abu Huraira told me that Allah's Apostle; said, "While I was sleeping, I saw (in a dream) two gold bracelets round my arm, and that worried me too much. Then I was instructed divinely in my dream, to blow them off and so I blew them off, and they flew away. I interpreted the two bracelets as symbols of two liars who would appear after me. And so one of them was Al-Ansi and the other was Musailama Al-Kadhdhab from Al-Yamama."

Yahya related to me from Malik that he asked Ibn Shihab and Nafi, the mawla of Ibn Umar, whether a man who joined an imam who had already done a raka should say the tashahhud with the imam in the second and fourth rakas, even though these were odd for him? They said, "He should say tashahhud with him."

Malik said, "That is the position with us."

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah were marrying off their daughters and they did not consult them.

Malik said, "That is what is done among us about the marriage of virgins."

Malik said, "A virgin has no right to her property until she enters her house and her state (competence, maturity etc.) is known for sure."

AbuSalamah said: Zaynab daughter of AbuSalamah reported to me that a woman had a copious flow of blood. She was the wife of AbdurRahman ibn Awf. The Messenger of Allah (saws) commanded her to take a bath at the time of every prayer, and then to pray. He reported to me that Umm Bakr told him that Aisha said: The Messenger of Allah (saws) said about a woman who was doubtful of her menstruation after purification that it was a vein or veins.

Abu Dawud said: The two commands (of which the Prophet gave option) were as follows in the version reported by Ibn 'Aqil: He said: If you are strong enough, then take a bath for every prayer; otherwise combine the (two prayers), as al-Qasim reported in his version. This statement was also narrated by Sa'id b. Jubair from 'Ali and Ibn 'Abbas.

Yahya related to me from Malik that Hisham ibn Urwa said about a Bedouin woman whose husband died, that she was to stay where her people stayed.

Malik said, "This is what is done among us."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar and Abu Hurayra were asked about a man who gave his wife power over herself, and she returned it to him without doing anything with it. They said that there was no divorce. (i.e. The man's giving his wife power over herself was not interpreted as a desire for divorce on his part.)

[Abu 'Eisa said:] This is how it was reported from Waki' and others from Sufyan. And other than Muhammad bin Bash-shar reported it from 'Abdur-Rahman bin Mahdi, and he mentioned the matter of the Jizyah in it.

The Prophet (saws) said: In the morning alms are due from every bone in man's fingers and toes. Salutation to everyone he meets is alms; enjoining good is alms; forbidding what is disreputable is alms; removing what is harmful from the road is alms; having sexual intercourse with his wife is alms. The people asked: He fulfils his desire, Messenger of Allah; is it alms? He replied: Tell me if he fulfilled his desire where he had no right, would he commit a sin ? He then said: Two rak'ahs which one prays in the forenoon serve instead of all that.

Abu Dawud said: Hammad did not mention enjoining good and forbidding what is disreputable.

Allah's Apostle said, "This matter (caliphate) will remain with the Quraish even if only two of them were still existing."

During the Pre-lslamic period of ignorance if any tribe became great in number, we used to say, "Amira the children of so-and-so." Narrated Al-Humaidi: Sufyan narrated to us something and used the word 'Amira'.

Yahya related to me from Malik from Ismail ibn Abi Hakim from Sulayman ibn Yasar that Umar ibn al-Khattab went out early in the morning to his land in al-Juruf and found semen on his garment. He said, "I have been tried with wet dreams since I have been entrusted with governing the people." He did ghusl and washed his garment of what he saw of the semen, and then prayed after the sun had risen.

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)."