`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon `Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. `Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas`ud came to the Prophet and `Abdur Rahman intended to talk, but the Prophet said (to him), "Let the eldest of you speak." as `Abdur-Rahman was the youngest:. `Abdur-Rahman kept silent and the other two spoke. The Prophet said, "If you swear as to who has committed the murder, you will have the right to take your right from the murderer." They said, "How should we swear if we did not witness the murder or see the murderer?" The Prophet said, "Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder)." The!y said, "How should we believe in the oaths of infidels?" So, the Prophet himself paid the blood money (of `Abdullah). (See Hadith No. 36 Vol. 9.)

I said to Tawus, "I wish you would give up Mukhabara (Sharecropping), for the people say that the Prophet forbade it." On that Tawus replied, "O `Amr! I give the land to sharecroppers and help them. No doubt; the most learned man, namely Ibn `Abbas told me that the Prophet had not forbidden it but said, 'It is more beneficial for one to give his land free to one's brother than to charge him a fixed rental."

Abu 'Ali said: Did you hear Abu Dawud ? He said: Some of my companions reminded me of some words that were omitted from writing on the paper.

The Prophet said, "Allah puts an angel in charge of the uterus and the angel says, 'O Lord, (it is) semen! O Lord, (it is now ) a clot! O Lord, (it is now) a piece of flesh.' And then, if Allah wishes to complete its creation, the angel asks, 'O Lord, (will it be) a male or a female? A wretched (an evil doer) or a blessed (doer of good)? How much will his provisions be? What will his age be?' So all that is written while the creature is still in the mother's womb."

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

When we were with the Messenger of Allah (saws) on an expedition, he saw some people collected together over something and sent a man and said: See, what are these people collected around? He then came and said: They are round a woman who has been killed. He said: This is not one with whom fighting should have taken place. Khalid ibn al-Walid was in charge of the van; so he sent a man and said: Tell Khalid not to kill a woman or a hired servant.

Marthad ibn Abdullah said: When AbuAyyub came upon us to fight the infidels and in those days Uqbah ibn Amir was the Governor of Egypt, he (Uqbah) delayed the sunset prayer. Hence AbuAyyub stood and said: What kind of prayer is this, Uqbah? He said: We were busy. He said: Did you not hear the Messenger of Allah (saws) say: My community will remain well, or he said: will remain on its natural condition, so long as it would not delay the evening prayer until the stars shine brightly just like a network.

Yahya related to me from Malik that Yahya ibn Said bought some property on behalf of his brother's sons who were orphans in his house, and that that property was sold afterwards for a great deal of profit.

Malik said, "There is no harm in using the property of orphans to trade with on their behalf if the one in charge of them has permission. Furthermore, I do not think that he is under any liability."

that he was asked about the wages of the one who cups others. He said, 'Allah's Apostle was cupped by `Abd Taiba, to whom he gave two Sa of food and interceded for him with his masters who consequently reduced what they used to charge him daily. Then the Prophet s said, "The best medicines you may treat yourselves with are cupping and sea incense.' He added, "You should not torture your children by treating tonsillitis by pressing the tonsils or the palate with the finger, but use incense."

The Prophet said, "Do not deny your fathers (i.e. claim to be the sons of persons other than your fathers), and whoever denies his father, is charged with disbelief."

I heard Anas bin Malik telling us about the night when the Prophet was made to travel from the Ka`ba Mosque. Three persons (i.e. angels) came to the Prophet before he was divinely inspired was an Aspostle), while he was sleeping in Al Masjid-ul-Haram. The first (of the three angels) said, "Which of them is he?" The second said, "He is the best of them." That was all that happened then, and he did not see them till they came at another night and he perceived their presence with his heart, for the eyes of the Prophet were closed when he was asleep, but his heart was not asleep (not unconscious). This is characteristic of all the prophets: Their eyes sleep but their hearts do not sleep. Then Gabriel took charge of the Prophet and ascended along with him to the Heaven.

Allah's Apostle regarded illegal the price of a dog, the earnings of a prostitute, and the charges taken by a soothsayer.

Allah's Apostle said, "No bloodmoney will be charged if somebody dies in a mine or in a well or is killed by an animal; and if somebody finds a treasure in his land he has to give one-fifth of it to the Government."

A Jew and a Jewess were brought to Allah's Apostle on a charge of committing an illegal sexual intercourse. The Prophet asked them. "What is the legal punishment (for this sin) in your Book (Torah)?" They replied, "Our priests have innovated the punishment of blackening the faces with charcoal and Tajbiya." `Abdullah bin Salam said, "O Allah's Apostle, tell them to bring the Torah." The Torah was brought, and then one of the Jews put his hand over the Divine Verse of the Rajam (stoning to death) and started reading what preceded and what followed it. On that, Ibn Salam said to the Jew, "Lift up your hand." Behold! The Divine Verse of the Rajam was under his hand. So Allah's Apostle ordered that the two (sinners) be stoned to death, and so they were stoned. Ibn `Umar added: So both of them were stoned at the Balat and I saw the Jew sheltering the Jewess.

(when the slanderers said what they said about her): I went to my bed knowing at that time that I was innocent and that Allah would reveal my innocence, but by Allah, I never thought that Allah would reveal in my favor a revelation which would be recited, for I considered myself too unimportant to be talked about by Allah in the Divine Revelation that was to be recited. So Allah revealed the ten Verses (of Surat-an-Nur). 'Those who brought a false charge........' (24.11-20)

The Messenger of Allah (saws) taught me some words that I say during the witr. (The version of Ibn Jawwas has: I say them in the supplication of the witr.) They were: "O Allah, guide me among those Thou hast guided, grant me security among those Thou hast granted security, take me into Thy charge among those Thou hast taken into Thy charge, bless me in what Thou hast given, guard me from the evil of what Thou hast decreed, for Thou dost decree, and nothing is decreed for Thee. He whom Thou befriendest is not humbled. Blessed and Exalted art Thou, our Lord."

He came to him and said: I have not come to you to visit you. But you and I heard a tradition from the Messenger of Allah (saws). I hope you may have some knowledge of it.

He asked: What is it? He replied: So and so. He said: Why do I see you dishevelled when you are the ruler of this land?

He said: The Messenger of Allah (saws) has forbidden us to indulge much in luxury.

He said: Why do I see you unshod? He replied: The Prophet (saws) used to command us to go barefoot at times.

Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.

Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "

Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.

Malik said, "Three is the most preferable to me of what I have heard on that."

Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."

Yahya related to me from Malik from Hisham ibn Urwa from his father that the man who was in charge of the sacrificial animal of the Messenger of Allah, may Allah bless him and grant him peace, said, "Messenger of Allah, what should I do with a sacrificial animal that gets injured?" The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Slaughter any sacrificial animal that is injured. Then throw the garlands in its blood, and then give the people a free hand in eating it.

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."

The Messenger of Allah (saws) said to me: Abu Dharr, I see you weak, and I like for you what I like for myself. Do not be a leader of two (persons), and do not be a guardian of an orphan.

Abu Dawud said: This has been narrated only by the people of Egypt.