The Prophet used to say, "Nobody should be flogged more than ten stripes except if he is guilty of a crime, the legal punishment of which is assigned by Allah."

Abu Dawud said: Ibn al-'Ala has reported this tradition from Waki' as narrated by Hammad.

I came to `Aisha the wife of the Prophet during the solar eclipse. The people were standing and offering the prayer and she was also praying. I asked her, "What is wrong with the people?" She beckoned with her hand towards the sky and said, "Subhan Allah." I asked her, "Is there a sign?" She pointed out, "Yes." So I, too, stood for the prayer till I fell unconscious and later on I poured water on my head. After the prayer, Allah's Apostle praised and glorified Allah and said, "Just now I have seen something which I never saw before at this place of mine, including Paradise and Hell. I have been inspired (and have understood) that you will be put to trials in your graves and these trials will be like the trials of Ad-Dajjal, or nearly like it (the sub narrator is not sure of what Asma' said). Angels will come to every one of you and ask, 'What do you know about this man?' A believer will reply, 'He is Muhammad, Allah's Apostle , and he came to us with self-evident truth and guidance. So we accepted his teaching, believed and followed him.' Then the angels will say to him to sleep in peace as they have come to know that he was a believer. On the other hand a hypocrite or a doubtful person will reply, 'I do not know but heard the people saying something and so I said the same.' "

Abraham did not tell a lie except on three occasion. Twice for the Sake of Allah when he said, "I am sick," and he said, "(I have not done this but) the big idol has done it." The (third was) that while Abraham and Sarah (his wife) were going (on a journey) they passed by (the territory of) a tyrant. Someone said to the tyrant, "This man (i.e. Abraham) is accompanied by a very charming lady." So, he sent for Abraham and asked him about Sarah saying, "Who is this lady?" Abraham said, "She is my sister." Abraham went to Sarah and said, "O Sarah! There are no believers on the surface of the earth except you and I. This man asked me about you and I have told him that you are my sister, so don't contradict my statement." The tyrant then called Sarah and when she went to him, he tried to take hold of her with his hand, but (his hand got stiff and) he was confounded. He asked Sarah. "Pray to Allah for me, and I shall not harm you." So Sarah asked Allah to cure him and he got cured. He tried to take hold of her for the second time, but (his hand got as stiff as or stiffer than before and) was more confounded. He again requested Sarah, "Pray to Allah for me, and I will not harm you." Sarah asked Allah again and he became alright. He then called one of his guards (who had brought her) and said, "You have not brought me a human being but have brought me a devil." The tyrant then gave Hajar as a girl-servant to Sarah. Sarah came back (to Abraham) while he was praying. Abraham, gesturing with his hand, asked, "What has happened?" She replied, "Allah has spoiled the evil plot of the infidel (or immoral person) and gave me Hajar for service." (Abu Huraira then addressed his listeners saying, "That (Hajar) was your mother, O Bani Ma-is-Sama (i.e. the Arabs, the descendants of Ishmael, Hajar's son).

The Prophet has decreed that preemption is valid in all cases where the real estate concerned has not been divided, but if the boundaries are established and the ways are made, then there is no preemption. A man said, "Preemption is only for the neighbor," and then he makes invalid what he has confirmed. He said, "If someone wants to buy a house and being afraid that the neighbor (of the house) may buy it through preemption, he buys one share out of one hundred shares of the house and then buys the rest of the house, then the neighbor can only have the right of preemption for the first share but not for the rest of the house; and the buyer may play such a trick in this case."

I heard the Prophet saying, "Do not flog anyone more than ten stripes except if he is involved in a crime necessitating Allah's legal Punishment."

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 that Zayd ibn Aslam said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for a rest one night on the way to Makka and appointed Bilal to wake them up for the prayer. Bilal slept and everyone else slept and none of them woke up until the sun had risen. When they did wake up they were all alarmed. The Messenger of Allah, may Allah bless him and grant him peace, ordered them to ride out of the valley, saying that there was a shaytan in it. So they rode out of the valley and the Messenger of Allah, may Allah bless him and grant him peace, ordered them to dismount and do wudu and he told Bilal either to call the prayer or to give the iqama. The Messenger of Allah, may Allah bless him and grant him peace, then led them in the prayer. Noticing their uneasiness, he went to them and said, 'O people! Allah seized our spirits (arwah) and if He had wished He would have returned them to us at a time other than this. So if you sleep through the time for a prayer or forget it and then are anxious about it, pray it as if you were praying it in its time.' The Messenger of Allah, may Allah bless him and grant him peace, turned to Abu Bakr and said, 'Shaytan came to Bilal when he was standing in prayer and made him lie down and lulled him to sleep like a small boy.' The Messenger of Allah, may Allah bless him and grant him peace, then called Bilal and told him the same as he had told Abu Bakr. Abu Bakr declared, 'I bear witness that you are the Messenger of Allah.' "

Asma' bint Al Bakr said, "I came to `Aisha the wife of the Prophet (p.b.u.h) during the solar eclipse. The people were standing and offering the prayer and she was also praying too. I asked her, 'What has happened to the people?' She pointed out with her hand towards the sky and said, 'Subhan-Allah'. I said, 'Is there a sign?' She pointed out in the affirmative." Asma' further said, "I too then stood up for the prayer till I fainted and then poured water on my head. When Allah's Apostle had finished his prayer, he thanked and praised Allah and said, 'I have seen at this place of mine what I have never seen even Paradise and Hell. No doubt, it has been inspired to me that you will be put to trial in the graves like or nearly like the trial of (Masih) Ad-Dajjal. (I do not know which one of the two Asma' said.) (The angels) will come to everyone of you and will ask what do you know about this man (i.e. Muhammad). The believer or a firm believer (I do not know which word Asma' said) will reply, 'He is Muhammad, Allah's Apostle (p.b.u.h) who came to us with clear evidences and guidance, so we accepted his teachings, believed and followed him.' The angels will then say to him, 'Sleep peacefully as we knew surely that you were a firm believer.' The hypocrite or doubtful person (I do not know which word Asma' said) will say, 'I do not know. I heard the people saying something so I said it (the same).' "

While `Umar bin Al-Khattab was standing and delivering the sermon on a Friday, one of the companions of the Prophet, who was one of the foremost Muhajirs (emigrants) came. `Umar said to him, "What is the time now?" He replied, "I was busy and could not go back to my house till I heard the Adhan. I did not perform more than the ablution." Thereupon `Umar said to him, "Did you perform only the ablution although you know that Allah's Apostle (p.b.u.h) used to order us to take a bath (on Fridays)?"

Once while I was in a state of fatigue (because of severe hunger), I met 'Umar bin Al-Khattab, so I asked him to recite a verse from Allah's Book to me. He entered his house and interpreted it to me. (Then I went out and) after walking for a short distance, I fell on my face because of fatigue and severe hunger. Suddenly I saw Allah's Apostle standing by my head. He said, "O Abu Huraira!" I replied, "Labbaik, O Allah's Apostle, and Sadaik!" Then he held me by the hand, and made me get up. Then he came to know what I was suffering from. He took me to his house, and ordered a big bowl of milk for me. I drank thereof and he said, "Drink more, O Abu Hirr!" So I drank again, whereupon he again said, "Drink more." So I drank more till my belly became full and looked like a bowl. Afterwards I met 'Umar and mentioned to him what had happened to me, and said to him, "Somebody, who had more right than you, O 'Umar, took over the case. By Allah, I asked you to recite a Verse to me while I knew it better than you." On that Umar said to me, "By Allah, if I admitted and entertained you, it would have been dearer to me than having nice red camels.

The Messenger of Allah (saws) said: There will be a period of commotion in which the one who lies down will be better than the one who sits, and the one who sits is better than the one who stands, and the one who stands is better than the one who walks, and the one who walks is better than the one who runs (to it).

He asked: What do you command me to do, Messenger of Allah? He replied: He who has camels should remain with his camels, he who has sheep should remain with his sheep, and he who has land should remain with his land.

He asked: If anyone has more of these, (what should he do)?

He replied: He should take his sword, strike its edge on a stone, and then escape if he can.

The people of Quraish worried about the lady from Bani Makhzum who had committed theft. They asked, "Who will intercede for her with Allah's Apostle?" Some said, "No one dare to do so except Usama bin Zaid the beloved one to Allah's Apostle ." When Usama spoke about that to Allah's Apostle Allah's Apostle said, (to him), "Do you try to intercede for somebody in a case connected with Allah's Prescribed Punishments?" Then he got up and delivered a sermon saying, "What destroyed the nations preceding you, was that if a noble amongst them stole, they would forgive him, and if a poor person amongst them stole, they would inflict Allah's Legal punishment on him. By Allah, if Fatima, the daughter of Muhammad stole, I would cut off her hand."

A slave-girl belonging to the house of the Messenger of Allah (saws) committed fornication. He (the Prophet) said: Rush up, Ali, and inflict the prescribed punishment on her. I then hurried up, and saw that blood was flowing from her, and did not stop. So I came to him and he said: Have you finished inflicting (punishment on her)? I said: I went to her while her blood was flowing. He said: Leave her alone till her bleeding stops; then inflict the prescribed punishment on her. And inflict the prescribed punishment on those whom your right hands possess (i.e. slaves).

Abu Dawud said: A similar tradition has been transmitted by Abu al-Ahwas from 'Abd al-A'la, and also by Shu'bah from 'Abd al-A'la. This version has: He said: Do not give her beating until she gives birth to a child. But the former (version) is sounder.

The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. " When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and addressed the people, saying, "O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand.!"

The Prophet (saws) said: Forgive the infliction of prescribed penalties among yourselves, for any prescribed penalty of which I hear must be carried out.

Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet (saws) to the effect that he gave a beating forty times with palm branches and sandals. And Shu'bah narrated it from Qatadah on the authority of Anas from Prophet (saws). This version has: He gave a beating with two palm-branches about forty times.

The Prophet said, "The one who looks after a widow or a poor person is like a Mujahid (warrior) who fights for Allah's Cause, or like him who performs prayers all the night and fasts all the day."

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and ...

On his father's authority, said that his grandfather said: The Messenger of Allah (saws) gave judgment that a third of the blood-wit should be paid for an eye fixed in its place.

I had been eager to ask `Umar about the two ladies from among the wives of the Prophet regarding whom Allah said (in the Qur'an saying): If you two (wives of the Prophet namely Aisha and Hafsa) turn in repentance to Allah your hearts are indeed so inclined (to oppose what the Prophet likes) (66.4), till performed the Hajj along with `Umar (and on our way back from Hajj) he went aside (to answer the call of nature) and I also went aside along with him carrying a tumbler of water. When he had answered the call of nature and returned. I poured water on his hands from the tumbler and he performed ablution. I said, "O Chief of the believers! ' Who were the two ladies from among the wives of the Prophet to whom Allah said: 'If you two return in repentance (66.4)? He said, "I am astonished at your question, O Ibn `Abbas. They were Aisha and Hafsa." Then `Umar went on relating the narration and said. "I and an Ansari neighbor of mine from Bani Umaiya bin Zaid who used to live in `Awali Al-Medina, used to visit the Prophet in turns. He used to go one day, and I another day. When I went I would bring him the news of what had happened that day regarding the instructions and orders and when he went, he used to do the same for me. We, the people of Quraish, used to have authority over women, but when we came to live with the Ansar, we noticed that the Ansari women had the upper hand over their men, so our women started acquiring the habits of the Ansari women. Once I shouted at my wife and she paid me back in my coin and I disliked that she should answer me back. She said, 'Why do you take it ill that I retort upon you? By Allah, the wives of the Prophet retort upon him, and some of them may not speak with him for the whole day till night.' What she said scared me and I said to her, 'Whoever amongst them does so, will be a great loser.' Then I dressed myself and went to Hafsa and asked her, 'Does any of you keep Allah's Apostle angry all the day long till night?' She replied in the affirmative. I said, 'She is a ruined losing person (and will never have success)! Doesn't she fear that Allah may get angry for the anger of Allah's Apostle and thus she will be ruined? Don't ask Allah's Apostle too many things, and don't retort upon him in any case, and don't desert him. Demand from me whatever you like, and don't be tempted to imitate your neighbor (i.e. `Aisha) in her behavior towards the Prophet), for she (i.e. ...

Ibn 'Umar (Allah be pleased with them) reported that the Messenger of Allah (may peace be upon him) pronounced Talbiya in Dhu'l-Hulaifa as he put his feet in the stirrup and his camel stood up and proceeded.

When the Prophet put his feet in the stirrup and the she-camel got up carrying him he would start reciting Talbiya at the mosque of Dhul-Hulaifa.

Abu-l-Qasim (the Prophet) said, "On Friday there is a particular time. If a Muslim happens to be praying and invoking Allah for something good during that time, Allah will surely fulfill his request." The Prophet pointed out with his hand. We thought that he wanted to illustrate how short that time was.

Allah's Apostle (p.b.u.h) talked about Friday and said, "There is an hour (opportune time) on Friday and if a Muslim gets it while praying and asks something from Allah, then Allah will definitely meet his demand." And he (the Prophet) pointed out the shortness of that time with his hands.

The Messenger of Allah (saws) Said: Forgive the people of good qualities their slips, but not faults to which prescribed penalties apply.

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, mentioned the day of jumua and said, "There is a time in it when Allah gives to a muslim slave standing in prayer whatever he asks for," and the Messenger of Allah, may Allah bless him and grant him peace, indicated with his hand how small it was.

Abul Qasim (the Prophet ) said, "There is an hour (or a moment) of particular significance on Friday. If it happens that a Muslim is offering a prayer and invoking Allah for some good at that very moment, Allah will grant him his request." (The sub-narrator placed the top of his finger on the palm of the other hand between the middle finger and the little one.)

Allah's Apostle said, "The one who looks after and works for a widow and for a poor person is like a warrior fighting for Allah's Cause." (The narrator Al-Qa'nabi is not sure whether he also said "Like the one who prays all the night without slackness and fasts continuously and never breaks his fast.")

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased ...

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

A lady committed theft during the lifetime of Allah's Apostle in the Ghazwa of Al-Fath, ((i.e. Conquest of Mecca). Her folk went to Usama bin Zaid to intercede for her (with the Prophet). When Usama interceded for her with Allah's Apostle, the color of the face of Allah's Apostle changed and he said, "Do you intercede with me in a matter involving one of the legal punishments prescribed by Allah?" Usama said, "O Allah's Apostle! Ask Allah's Forgiveness for me." So in the afternoon, Allah's Apostle got up and addressed the people. He praised Allah as He deserved and then said, "Amma ba'du ! The nations prior to you were destroyed because if a noble amongst them stole, they used to excuse him, and if a poor person amongst them stole, they would apply (Allah's) Legal Punishment to him. By Him in Whose Hand Muhammad's soul is, if Fatima, the daughter of Muhammad stole, I would cut her hand." Then Allah's Apostle gave his order in the case of that woman and her hand was cut off. Afterwards her repentance proved sincere and she got married. `Aisha said, "That lady used to visit me and I used to convey her demands to Allah's Apostle."

The Messenger of Allah (saws) said: Before the Last Hour there will be commotions like pieces of a dark night in which a man will be a believer in the morning and an infidel in the evening, or a believer in the evening and infidel in the morning. He who sits during them will be better than he who gets up and he who walks during them is better than he who runs. So break your bows, cut your bowstrings and strike your swords on stones. If people then come in to one of you, let him be like the better of Adam's two sons.