Once the Prophet called the Ansar in order to grant them part of the land of Bahrain. On that they said, "No! By Allah, we will not accept it unless you grant a similar thing to our Quarries brothers as well." He said, "That will be their's if Allah wishes." But when the Ansar persisted in their request, he said, "After me you will see others given preference over you in this respect (in which case) you should be patient till you meet me at the Tank (of Al-Kauthar).

I did not feel jealous of any of the wives of the Prophet as much as I did of Khadija though I did not see her, but the Prophet used to mention her very often, and when ever he slaughtered a sheep, he would cut its parts and send them to the women friends of Khadija. When I sometimes said to him, "(You treat Khadija in such a way) as if there is no woman on earth except Khadija," he would say, "Khadija was such-and-such, and from her I had children."

I went to `Uthman. After reciting Tashah-hud, he said,. "Then after no doubt, Allah sent Muhammad with the Truth, and I was amongst those who responded to the Call of Allah and His Prophet and believed in the message of Muhammad. Then took part in the two migrations. I became the son-in-law of Allah's Apostle and gave the pledge of allegiance to him By Allah, I never disobeyed him, nor did I deceive him till Allah took him unto Him."

While I was sitting with Allah's Apostle (p.b.u.h) two person came to him; one of them complained about his poverty and the other complained about the prevalence of robberies. Allah's Apostle said, "As regards stealing and robberies, there will shortly come a time when a caravan will go to Mecca (from Medina) without any guard. And regarding poverty, The Hour (Day of Judgment) will not be established till one of you wanders about with his object of charity and will not find anybody to accept it And (no doubt) each one of you will stand in front of Allah and there will be neither a curtain nor an interpreter between him and Allah, and Allah will ask him, 'Did not I give you wealth?' He will reply in the affirmative. Allah will further ask, 'Didn't send a messenger to you?' And again that person will reply in the affirmative Then he will look to his right and he will see nothing but Hell-fire, and then he will look to his left and will see nothing but Hell-fire. And so, any (each one) of you should save himself from the fire even by giving half of a date-fruit (in charity). And if you do not find a hall datefruit, then (you can do it through saying) a good pleasant word (to your brethren). (See Hadith No. 793 Vol. 4).

`Ali addressed us while he was standing on a brick pulpit and carrying a sword from which was hanging a scroll He said "By Allah, we have no book to read except Allah's Book and whatever is on this scroll," And then he unrolled it, and behold, in it was written what sort of camels were to be given as blood money, and there was also written in it: 'Medina is a sanctuary form 'Air (mountain) to such and such place so whoever innovates in it an heresy or commits a sin therein, he will incur the curse of Allah, the angels, and all the people and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'The asylum (pledge of protection) granted by any Muslims is one and the same, (even a Muslim of the lowest status is to be secured and respected by all the other Muslims, and whoever betrays a Muslim in this respect (by violating the pledge) will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds.' There was also written in it: 'Whoever (freed slave) befriends (takes as masters) other than his real masters (manumitters) without their permission will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds. ' (See Hadith No. 94, Vol. 3)

I went to Sham and was offering a two-rak`at prayer; I said, "O Allah! Bless me with a (pious) companion." Then I saw an old man coming towards me, and when he came near I said, (to myself), "I hope Allah has given me my request." The man asked (me), "Where are you from?" I replied, "I am from the people of Kufa." He said, "Weren't there amongst you the Carrier of the (Prophet's) shoes, Siwak and the ablution water container? Weren't there amongst you the man who was given Allah's Refuge from the Satan? And weren't there amongst you the man who used to keep the (Prophet's) secrets which nobody else knew? How did Ibn Um `Abd (i.e. `Abdullah bin Mas`ud) use to recite Surat-al-lail (the Night:92)?" I recited:-- "By the Night as it envelops By the Day as it appears in brightness. And by male and female." (92.1- 3) On that, Abu Darda said, "By Allah, the Prophet made me read the Verse in this way after listening to him, but these people (of Sham) tried their best to let me say something different."

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."

`Ali bin Abi Talib said: "I got a she-camel as my share of the war booty on the day (of the battle) of Badr, and Allah's Apostle gave me another she-camel. I let both of them kneel at the door of one of the Ansar, intending to carry Idhkhir on them to sell it and use its price for my wedding banquet on marrying Fatima. A goldsmith from Bani Qainqa' was with me. Hamza bin `Abdul-Muttalib was in that house drinking wine and a lady singer was reciting: "O Hamza! (Kill) the (two) fat old she camels (and serve them to your guests). So Hamza took his sword and went towards the two she-camels and cut off their humps and opened their flanks and took a part of their livers." (I said to Ibn Shihab, "Did he take part of the humps?" He replied, "He cut off their humps and carried them away.") `Ali further said, "When I saw that dreadful sight, I went to the Prophet and told him the news. The Prophet came out in the company of Zaid bin Haritha who was with him then, and I too went with them. He went to Hamza and spoke harshly to him. Hamza looked up and said, 'Aren't you only the slaves of my forefathers?' The Prophet retreated and went out. This incident happened before the prohibition of drinking."

The Apostle of Allaah ( sal Allaahu alayhi wa sallam ) said : The rinsing of mouth and snuffing up water in the nose are acts that bear the characteristics of fitrah (nature). He then narrated a similar tradition (as reported by Aishah), but he did not mention the words "letting the beard grow". He added the words "circumcision" and "sprinkling water on the private part of the body". He did not mention the words "cleansing oneself after easing".

Abu Dawud said : A similar tradition has been reported on the authority of Ibn 'Abbas. He mentioned only five sunnahs all relating to the head, one of them being parting of the hair; it did not include wearing the beard.

Abu Dawud said: The tradition as reported by Hammad has also been transmitted by Talq b. Habib , Mujahid, and Bakr b. 'Abd Allaah b. al-Muzani as their own statement ( not as a tradition from the Prophet, sal Allaahu alayhi wa sallam ).They did not mention the words "letting the beard grow". The version transmitted by Muhammad b. Abd Allaah b. Abi Maryam, Abu Salamah, and Abu Hurairah from the Prophet ( sal Allaahu alayhi wa sallam ) mentions the words "letting the beard grow". A similar tradition has been reported by Ibrahim al-Nakha'i. He mentioned the words "wearing the beard and circumcision."

Asma, daughter of AbuBakr, entered upon the Messenger of Allah (saws) wearing thin clothes. The Messenger of Allah (saws) turned his attention from her. He said: O Asma', when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this, and he pointed to his face and hands.

Abu Dawud said: This is a mursal tradition (i.e. the narrator who transmitted it from 'Aishah is missing) Khalid b. Duraik did not see 'Aishah.

I heard Ka`b bin Malik talking about the Verse:-- 'And to the three (He also forgave) who remained behind.' (9.118) saying in the last portion of his talk, "(I said), 'As a part (sign) of my repentance, I would like to give up all my property in the cause of Allah and His Apostle,' The Prophet said to me, 'Keep some of your wealth as it is good for you." (To the three (He also forgave) who remained behind till for them the earth, vast as it is, was straitened..." (9.118)

regarding the Verse: 'If a wife fears cruelty or desertion on her husband's part ...') (4.128) It concerns the woman whose husband does not want to keep her with him any longer, but wants to divorce her and marry some other lady, so she says to him: 'Keep me and do not divorce me, and then marry another woman, and you may neither spend on me, nor sleep with me.' This is indicated by the Statement of Allah: 'There is no blame on them if they arrange an amicable settlement between them both, and (such) settlement is better." (4.128)

(Usama's Maula) Usama (bin Zaid) sent me to `Ali (at Kufa) and said, "`Ali will ask you, 'What has prevented your companion from joining me?' You then should say to him, 'If you (`Ali) were in the mouth of a lion, I would like to be with you, but in this matter I won't take any part.' " Harmala added: "`Ali didn't give me anything (when I conveyed the message to him) so I went to Hasan, Hussain and Ibn Ja`far and they loaded my camels with much (wealth).

I followed the Prophet while he was going out to answer the call of nature. He used not to look this way or that. So, when I approached near him he said to me, "Fetch for me some stones for ' cleaning the privates parts (or said something similar), and do not bring a bone or a piece of dung." So I brought the stones in the corner of my garment and placed them by his side and I then went away from him. When he finished (from answering the call of nature) he used, them .

In the time of the Messenger of Allah (saws) there was a woman who had an issue of blood. So Umm Salamah asked the Messenger of Allah (saws) to give a decision about her. He said: She should consider the number of nights and days during which she used to menstruate each month before she was afflicted with this trouble and abandon prayer during that period each month. When those days and nights are over, she should take a bath, tie a cloth over her private parts and pray.

I came riding a donkey. Another version has: Ibn Abbas said: When I was near the age of the puberty I came riding a she-ass and found the Messenger of Allah (saws) leading the people in prayer at Mina. I passed in front of a part of the row (of worshippers), and dismounting left my she-ass for grazing in the pasture, and I joined the row, and no one objected to that.

Abu Dawud said: These are the words of al-Qa'nabi, and are complete. Malik said: I take it as permissible at the time when the iqamah for prayer is pronounced.

I went out in the company of the Prophet in the year of Khaibar, and when we reached As Sahba' which is the lower part of Khaibar, the Prophet offered the `Asr prayer and then asked the people to collect the journey food. Nothing was brought but Sawiq which the Prophet ordered to be moistened with water, and then he ate it and we also ate it. Then he got up to offer the Maghrib prayer. He washed his mouth, and we too washed our mouths, and then he offered the prayer without repeating his abulution.

Abu Dawud said: This tradition has also been narrated by Abu 'Amr Dhakwan on the authority of 'Aishah who said: A virgin is ashamed of speaking, Messenger of Allah. He said: Her silence is her acceptance.

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Allah's Apostle the true and truly inspired, narrated to us, "The creation of everyone of you starts with the process of collecting the material for his body within forty days and forty nights in the womb of his mother. Then he becomes a clot of thick blood for a similar period (40 days) and then he becomes like a piece of flesh for a similar period. Then an angel is sent to him (by Allah) and the angel is allowed (ordered) to write four things; his livelihood, his (date of) death, his deeds, and whether he will be a wretched one or a blessed one (in the Hereafter) and then the soul is breathed into him. So one of you may do (good) deeds characteristic of the people of Paradise so much that there is nothing except a cubit between him and Paradise but then what has been written for him decides his behavior and he starts doing (evil) deeds characteristic of the people of Hell (Fire) and (ultimately) enters Hell (Fire); and one of you may do (evil) deeds characteristic of the people of Hell (Fire) so much so that there is nothing except a cubit between him and Hell (Fire), then what has been written for him decides his behavior and he starts doing (good) deeds characteristic of the people of Paradise and ultimately) enters Paradise." (See Hadith No. 430, Vol. 4)

Abu Bakr , wrote to me about the Zakat which Allah had ordered His Apostle to observe: Whoever had to pay Jahda (Jahda means a four-year-old she-camel) as Zakat from his herd of camels and he had not got one, and he had Hiqqa (three-year-old she-camel), that Hiqqa should be accepted from him along with two sheep if they were available or twenty Dirhams (one Durham equals about 1/4 Saudi Riyal) and whoever had to pay Hiqqa as Zakat and he had no Hiqqa but had a Jadha, the Jadha should be accepted from him, and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Hiqqa as Zakat and he had not got one, but had a Bint Labun (two-year-old she-camel), it should be accepted from him along with two sheep or twenty Dirhams; and whoever had to pay Bint Labun and had a Hiqqa, that Hiqqa should be accepted from him and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Bint Labun and he had not got one but had a Bint Makhad (one-year-old she camel), that Bint Makhad should be accepted from him along with twenty Dirhams or two sheep.

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

I asked: Messenger of Allah! will each one of us see his Lord? Ibn Mu'adh's version has: "being alone with Him, on the Day of Resurrection? And what sign is there is His creation?" He replied: AbuRazin! does each one of you not see the moon? Ibn Mu'adh's version has: "on the night when it is full, being alone with it?" Then the agreed version goes: I said: Yes. He said: Allah is more great. Ibn Mu'adh's version has: It is only part of Allah's creation, but Allah is more glorious and greater.

Allah's Apostle said, "No child is born except on Al-Fitra (Islam) and then his parents make him Jewish, Christian or Magian, as an animal produces a perfect young animal: do you see any part of its body amputated?" Then he rec 'The religion of pure Islamic Faith (Hanifa),(i.e. to worship none but Allah), The pure Allah's Islamic nature with which He (Allah) has created mankind. Let There be no change in Allah's religion (i.e. to join none in Allah's worship). That is the straight religion; but most of men know not..." (30.30)

I heard Allah's Apostle saying, "There will appear some people among you whose prayer will make you look down upon yours, and whose fasting will make you look down upon yours, but they will recite the Qur'an which will not exceed their throats (they will not act on it) and they will go out of Islam as an arrow goes out through the game whereupon the archer would examine the arrowhead but see nothing, and look at the unfeathered arrow but see nothing, and look at the arrow feathers but see nothing, and finally he suspects to find something in the lower part of the arrow."

Malik related to us from Abdullah ibn Yazid the mawla of al-Aswad ibn Sufyan, from Abu Salama ibn Abd ar-Rahman from Muhammad ibn Abd ar-Rahman ibn Thawban from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the heat is fierce delay the prayer until it gets cooler, for scorching heat is a part of the blast of Jahannam."

He added, "The Fire complained to its Lord, so He allowed it two breaths in each year, a breath in winter and a breath in summer."

Yahya related to me from Malik from Yahya ibn Said that he had heard that Muawiya ibn Abi Sufyan wrote to Zayd ibn Thabit asking him about the grandfather. Zayd ibn Thabit wrote to him, "You have written to me asking me about the grandfather. Allah knows best. That is part of what is only determined by the amirs, i.e. the khalifs. I was present with two khalifs before you who gave the grandfather a half with one sibling, and a third with two. If there were more siblings, they did not decrease his third."

Ali ibn AbuTalib commanded him to ask the Messenger of Allah (saws) what a man should do when he wants to have intercourse with his wife and the prostatic fluid comes out (at this moment). (He said): I am ashamed of consulting him because of the position of his daughter. Al-Miqdad said: I asked the Messenger of Allah (saws) about it. He said: When any of you finds, he should wash his private part, and perform ablution as he does for prayer.

AbuMuhammad fancies that witr prayer is essential. (Hearing this) Ubadah ibn as-Samit said: AbuMuhammad was wrong. I bear witness that I heard the Messenger of Allah (saws) say: Allah, the Exalted, has made five prayers obligatory. If anyone performs ablution for them well, offers them at their (right) time, and observes perfectly their bowing and submissiveness in them, it is the guarantee of Allah that He will pardon him; if anyone does not do so, there is no guarantee for him on the part of Allah; He may pardon him if He wills, and punish him if He wills.

That he asked the Messenger of Allah (saws), "Which charity is most virtuous?" He said, "The service of a worshipper in the cause of Allah, or providing the shade of tent, or mount in the cause of Allah."

[Abu 'Eisa said:] This Hadith has been reported from Mu'awiyah bin Salih in Mursal form.And Zaid has been contradicted concerning part of its chain.

He said: And Al-Walim bin Jamil has reported this Hadith from Al-Qasim Abu 'Abdur-Rahman, from Abu Umamah, from the Prophet (saws).

The Prophet arranged for a horse race amongst the horses that had been made lean to take place between Al-Hafya'' and Thaniyat Al-Wada` (i.e. names of two places) and the horses which had not been mad.? lean from Ath-Thaniyat to the mosque of Bani Zuraiq. I was also amongst those who took part in that horse race. Sufyan, a sub-narrator, said, "The distance between Al-Hafya and Thaniya Al- Wada` is five or six miles; and between Thaniya and the mosque of Bani Zuraiq is one mile."

Al-Mughira bin Hakim said that his father said, "Four persons killed a boy, and 'Umar said (as above)."

Abu Bakr, Ibn Az-Zubair, 'Ali and Suwaid bin Muqarrin gave the judgement of Al-Qisas (equality in punishment) in cases of slapping. And 'Umar carried out Al-Qisas for a strike with a stick. And 'Ali carried out Al-Qisas for three lashes with a whip. And Shuraih carried out for one last and for scratching.

Abu Dawood said: Al-sha’bl, Abu Malik, Qatadah, and Thabit b. ‘Umarah said: The prophet( may peace be upon him) did not write”In the name of Allah, the compassionate, the merciful” until Surah al-naml was revealed. This is the meaning of what they said. Further, this is a mursal traditional(omitting the name of the companion)

Sa’id bin Abd Al ‘Aziz said “Arabia lies between Al Wadi to the extremes of the Yemen extending to the frontiers of Al Iraq and the sea.”

Abu Dawud said “This tradition was read out to Al Harith bin Miskin while I was a witness”. Ashhab bin ‘Abd Al Aziz reported it to you on the authority of Malik who said ‘Umar expelled the people of Najran, but he did not expel (them) from Taima. For it did not fall within the territory of Arabia. As for Al Wadi, I think the Jews were not expelled from there. They did not think it a part of the land of Arabia.

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 Prophet (saws) alighted at a place where a mosque has been built under a large tree. He tarried there for three days, and then proceeded to Tabuk. Juhaynah met him on a wide plain. He asked them: who are the people of Dhul-Marwah? They replied: Banu Rifa'ah of Juhaynah. He said: I have given this (land) to Banu Rifa'ah as a fief. Therefore, they divided it. Some of them sold (their share) and others retained and worked on it.

(Sub-narrator Ibn Wahab said: I then asked AbdulAziz about this tradition. He narrated a part of it to me and did not narrate it in full.