The Prophet recited Suratan-Najm (103) at Mecca and prostrated while reciting it and those who were with him did the same except an old man who took a handful of small stones or earth and lifted it to his forehead and said, "This is sufficient for me." Later on, I saw him killed as a non-believer.

The Prophet said, "Whoever swears by a religion other than Islam (i.e. if he swears by saying that he is a non-Muslim in case he is telling a lie), then he is as he says if his oath is false and whoever commits suicide with something, will be punished with the same thing in the (Hell) fire, and cursing a believer is like murdering him, and whoever accuses a believer of disbelief, then it is as if he had killed him."

The Prophet said, "By Allah, he does not believe! By Allah, he does not believe! By Allah, he does not believe!" It was said, "Who is that, O Allah's Apostle?" He said, "That person whose neighbor does not feel safe from his evil."

The funeral prayer should be offered for every child even if he were the son of a prostitute as he was born with a true faith of Islam (i.e. to worship none but Allah Alone). If his parents are Muslims, particularly the father, even if his mother were a non-Muslim, and if he after the delivery cries (even once) before his death (i.e. born alive) then the funeral prayer must be offered. And if the child does not cry after his delivery (i.e. born dead) then his funeral prayer should not be offered, and he will be considered as a miscarriage. Abu Huraira, narrated that the Prophet said, "Every child is born with a true faith (i.e. to worship none but Allah Alone) but his parents convert him to Judaism or to Christianity or to Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?" Then Abu Huraira recited the holy verses: 'The pure Allah's Islamic nature (true faith i.e. to worship none but Allah Alone), with which He has created human beings.' " (30.30).

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

Regarding the Qur'anic Verse: 'O you who believe! You are forbidden to inherit women against their will.' (4.19) The custom (in the Pre-lslamic Period) was that if a man died, his relatives used to have the right to inherit his wife, and if one of them wished, he could marry her, or they could marry her to somebody else, or prevent her from marrying if they wished, for they had more right to dispose of her than her own relatives. Therefore this Verse was revealed concerning this matter.

Sahl bin Hunaif and Qais bin Sa`d were sitting in the city of Al-Qadisiya. A funeral procession passed in front of them and they stood up. They were told that funeral procession was of one of the inhabitants of the land i.e. of a non-believer, under the protection of Muslims. They said, "A funeral procession passed in front of the Prophet and he stood up. When he was told that it was the coffin of a Jew, he said, "Is it not a living being (soul)?"

Ibn `Umar said something similar to Mujahid's saying: Whenever (Muslims and non-Muslims) stand face to face in battle, the Muslims can pray while standing. Ibn `Umar added, "The Prophet said, 'If the number of the enemy is greater than the Muslims, they can pray while standing or riding (individually).' "

Jabir b. 'Abdullah reported that Allah's Messenger (may peace be upon him) forbade (the preparation) of Nabidh in green pitcher, in varnished jar, in hollow stump, and when Allah's Messenger (may peace be upon him) did not find anything to prepare Nabidh in that (i. e. waterskin), it was prepared for him in a big bowl made of stone.

Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a man from the Banu Sulaym, found an abandoned child in the time of Umar ibn al-Khattab. Sunayn took him to Umar ibn al-Khattab. He asked, "What has induced you to take this person?" He answered, "I found him lost, so I took him.'' Umar's advisor said to him,' 'Amir al-Muminin! He is a man who does good." Umar inquired of him, "Is it so?" He replied, "Yes." Umar ibn al-Khattab said, "Go, he is free, and you have his wala' inheritance, and we will provide for him."

Yahya said that he heard Malik say, "What is done in our community about an abandoned child is that he is free, and his wala' inheritance belongs to the muslims, and they inherit from him and pay his blood money."

Yahya related to me from Malik that Abdullah ibn Abdullah ibn Jabir ibn Atik said that Abdullah ibn Umar had come to them in Bani Muawiya, one of the villages of the Ansar, and said, "Do you know where the Messenger of Allah, may Allah bless him and grant him peace, prayed in this mosque of yours? "I told him, "Yes," and I pointed out a place near where he was. He said, "Do you know the three things for which he made dua here?" I said "Yes." He said, "Tell me them then." I said, "He asked that He would not make an enemy from among the non- believers triumph over the believers and that He would not destroy the believers by bad harvests, and he was given both these things. And he asked that He would not make the believers fight among themselves, and that was refused." Ibn Umar said, "You have told the truth," and he added, "Turmoil will not cease until the day of rising."

The Prophet led us in the Fajr prayer at Hudaibiya after a rainy night. On completion of the prayer, he faced the people and said, "Do you know what your Lord has said (revealed)?" The people replied, "Allah and His Apostle know better." He said, "Allah has said, 'In this morning some of my slaves remained as true believers and some became non-believers; whoever said that the rain was due to the Blessings and the Mercy of Allah had belief in Me and he disbelieves in the stars, and whoever said that it rained because of a particular star had no belief in Me but believes in that star.' "

A man from Banu Sahm went out with Tamim ad-Dari and Adi ibn Badda'. The man of Banu Sahm died in the land where no Muslim was present. When they returned with his inheritance, they (the heirs) did not find a silver cup with lines of gold (in his property). The Messenger of Allah (saws) administered on oath to them. The cup was then found (with someone) at Mecca. They said: We have bought it from Tamim and Adi.

Then two men from the heirs of the man of Banu Sahm got up and swore saying: Our witness is more reliable than their witness. They said that the cup belonged to their man.

He (Ibn Abbas) said: The following verse was revealed about them: "O ye who believe! when death approaches any of you....."

The Prophet (saws) said: It is not allowable for a Muslim to keep apart from his brother for more than three days, for one who does so and dies will enter Hell.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not ask for a woman in marriage when another muslim has already done so."

Malik said, "The explanation of the statement of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - is that 'Do not ask for a woman in marriage when another muslim has already done so' means that when a man has asked for a woman in marriage, and she has inclined to him and they have agreed on a bride-price, which she has suggested and with which they are mutually satisfied, it is forbidden for another man to ask for that woman in marriage. It does not mean that when a man has asked for a woman in marriage, and his suit does not agree with her and she does not incline to him that no one else can ask for her in marriage. That is a door to misery for people."

The Prophet said, "There is no believer but I, of all the people, I am the closest to him both in this world and in the Hereafter. Recite if you wish: 'The Prophet is closer to the believers than their own selves.' (33.6) so if a believer (dies) leaves some property then his relatives will inherit that property; but if he is in debt or he leaves poor children, let those (creditors and children) come to me (that I may pay the debt and provide for the children), for them I am his sponsor (surely).

Yahya related to me from Malik from Abdullah ibn Umar from Sulayman ibn Yasar from Irak ibn Malik from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A muslim does not have to pay any zakat on his slave or his horse."

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr said about the child of lian and the child of fornication, that if they died, the mother inherited her right from them according to the Book of Allah, the Mighty, the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin, she inherited her due and the siblings by the mother inherited their due, and the rest went to the Muslims.

Malik said, "I heard the same as that from Sulayman ibn Yasar."

Malik said, "That is what I saw the people of knowledge in our city doing."

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."

(mother of the believers) After the death of Allah 's Apostle Fatima the daughter of Allah's Apostle asked Abu Bakr As-Siddiq to give her, her share of inheritance from what Allah's Apostle had left of the Fai (i.e. booty gained without fighting) which Allah had given him. Abu Bakr said to her, "Allah's Apostle said, 'Our property will not be inherited, whatever we (i.e. prophets) leave is Sadaqa (to be used for charity)." Fatima, the daughter of Allah's Apostle got angry and stopped speaking to Abu Bakr, and continued assuming that attitude till she died. Fatima remained alive for six months after the death of Allah's Apostle. She used to ask Abu Bakr for her share from the property of Allah's Apostle which he left at Khaibar, and Fadak, and his property at Medina (devoted for charity). Abu Bakr refused to give her that property and said, "I will not leave anything Allah's Apostle used to do, because I am afraid that if I left something from the Prophet's tradition, then I would go astray." (Later on) `Umar gave the Prophet's property (of Sadaqa) at Medina to `Ali and `Abbas, but he withheld the properties of Khaibar and Fadak in his custody and said, "These two properties are the Sadaqa which Allah's Apostle used to use for his expenditures and urgent needs. Now their management is to be entrusted to the ruler." (Az-Zuhri said, "They have been managed in this way till today.")

Yahya related to me from Malik that Muhammad ibn Abi Bakr ibn Hazm heard his father say many times, ''Umar ibn al-Khattab used to say, 'It is a wonder that the paternal aunt is inherited from and does not inherit.' "

The Prophet said, "On every Muslim there is enjoined (a compulsory) Sadaqa (alms)." They (the people) said, "If one has nothing?' He said, "He should work with his hands so that he may benefit himself and give in charity." They said, "If he cannot work or does not work?" He said, "Then he should help the oppressed unhappy person (by word or action or both)." They said, "If he does not do it?" He said, "Then he should enjoin what is good (or said what is reasonable).' They said, "If he does not do that''' He said, "Then he should refrain from doing evil, for that will be considered for Him as a Sadaqa (charity) . "

Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother's wala' if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the Muslims.

Malik said,"I heard the same as that from Sulayman ibn Yasar, and it is what I saw the people of knowledge in our city doing."

The Prophet (saws) said: It is not allowable for a believer to keep from a believer for more than three days. If three days pass, he should meet him and give him a salutation, and if he replies to it they will both have shared in the reward; but if he does not reply he will bear his sin (according to Ahmad's version) and the one who gives the salutation will have come forth from the sin of keeping apart.

While we were with Allah's Apostle he said, "Tell me of a tree which resembles a Muslim man. Its leaves do not fall and it does not, and does not, and does not, and it gives its fruits every now and then." It came to my mind that such a tree must be the date palm, but seeing Abu Bakr and `Umar saying nothing, I disliked to speak. So when they did not say anything, Allah's Apostle said, "It is the date-palm tree." When we got up (from that place), I said to `Umar, "O my father! By Allah, it came to my mind that it must be the date palm tree." `Umar said, "What prevented you from speaking" I replied, "I did not see you speaking, so I misliked to speak or say anything." `Umar then said, "If you had said it, it would have been dearer to me than so-and-so."

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."