Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

The Messenger of Allah (saws) prohibited to peck like a crow, and to spread (the forearms) like a wild beast, and to fix a place in the mosque like a camel which fixes its place. These are the wordings of Qutaybah.

On his father's authority, said that his grandfather said: The Prophet (saws) said in his address while he was leaning against the Ka'bah: (The blood-wit) for each finger is ten camels.

The Messenger of Allah (saws) came upon an emaciated camel and said: Fear Allah regarding these dumb animals. Ride them when they are in good condition and feed them when they are in good condition.

I presented a she-camel to the Prophet (saws). He asked: Have you embraced Islam? I replied: No. The Prophet (saws) said: I have been prohibited to accept the present of polytheists.

We went out to Khaibar in the company of the Prophet. While we were proceeding at night, a man from the group said to 'Amir, "O 'Amir! Won't you let us hear your poetry?" 'Amir was a poet, so he got down and started reciting for the people poetry that kept pace with the camels' footsteps, saying:-- "O Allah! Without You we Would not have been guided On the right path Neither would be have given In charity, nor would We have prayed. So please forgive us, what we have committed (i.e. our defects); let all of us Be sacrificed for Your Cause And send Sakina (i.e. calmness) Upon us to make our feet firm When we meet our enemy, and If they will call us towards An unjust thing, We will refuse. The infidels have made a hue and Cry to ask others' help Against us." The Prophet on that, asked, "Who is that (camel) driver (reciting poetry)?" The people said, "He is 'Amir bin Al-Akwa`." Then the Prophet said, "May Allah bestow His Mercy on him." A man amongst the people said, "O Allah's Prophet! has (martyrdom) been granted to him. Would that you let us enjoy his company longer." Then we reached and besieged Khaibar till we were afflicted with severe hunger. Then Allah helped the Muslims conquer it (i.e. Khaibar). In the evening of the day of the conquest of the city, the Muslims made huge fires. The Prophet said, "What are these fires? For cooking what, are you making the fire?" The people replied, "(For cooking) meat." He asked, "What kind of meat?" They (i.e. people) said, "The meat of donkeys." The Prophet said, "Throw away the meat and break the pots!" Some man said, "O Allah's Apostle! Shall we throw away the meat and wash the pots instead?" He said, "(Yes, you can do) that too." So when the army files were arranged in rows (for the clash), 'Amir's sword was short and he aimed at the leg of a Jew to strike it, but the sharp blade of the sword returned to him and injured his own knee, and that caused him to die. When they returned from the battle, Allah's Apostle saw me (in a sad mood). He took my hand and said, "What is bothering you?" I replied, "Let my father and mother be sacrificed for you! The people say that the deeds of 'Amir are lost." The Prophet said, "Whoever says so, is mistaken, for 'Amir has got a double reward." The Prophet raised two fingers and added, "He (i.e. Amir) was a persevering struggler in the Cause of Allah and there are few 'Arabs who achieved the like of (good deeds) 'Amir had done."

Once I went with `Umar bin Al-Khattab to the market. A young woman followed `Umar and said, "O chief of the believers! My husband has died, leaving little children. By Allah, they have not even a sheep's trotter to cook; they have no farms or animals. I am afraid that they may die because of hunger, and I am the daughter of Khufaf bin Ima Al-Ghafari, and my father witnessed the Pledge of allegiance) of Al-Hudaibiya with the Prophet.' `Umar stopped and did not proceed, and said, "I welcome my near relative." Then he went towards a strong camel which was tied in the house, and carried on to it, two sacks he had loaded with food grains and put between them money and clothes and gave her its rope to hold and said, "Lead it, and this provision will not finish till Allah gives you a good supply." A man said, "O chief of the believers! You have given her too much." "`Umar said disapprovingly. "May your mother be bereaved of you! By Allah, I have seen her father and brother besieging a fort for a long time and conquering it, and then we were discussing what their shares they would have from that war booty."

We went out with Allah's Apostle on one of his journeys till we reached Al-Baida or Dhatul-Jaish where my necklace got broken (and lost). Allah's Apostle stopped to search for it and the people too stopped with him. There was no water at that place and they had no water with them. So they went to Abu Bakr and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people stop where there is no water and they have no water with them. Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh and said, "You detained Allah Apostle and the people where there is no water and they have no water." He then admonished me and said what Allah wished and pinched me at my flanks with his hands, but I did not move because the head of Allah's Apostle was on my thigh . Allah's Apostle kept on sleeping till be got up in the morning and found no water. Then Allah revealed the Divine Verse of Tayammum, and the people performed Tayammum. Usaid bin AlHudair said. "O family of Abu Bakr! This is not the first blessings of yours." We urged the camel on which I was sitting to get up from its place and the necklace was found under it.

The Prophet got up amongst us and mentioned Al Ghulul, emphasized its magnitude and declared that it was a great sin saying, "Don't commit Ghulul for I should not like to see anyone amongst you on the Day of Ressurection, carrying over his neck a sheep that will be bleating, or carrying over his neck a horse that will be neighing. Such a man will be saying: 'O Allah's Apostle! Intercede with Allah for me,' and I will reply, 'I can't help you, for I have conveyed Allah's Message to you Nor should I like to see a man carrying over his neck, a camel that will be grunting. Such a man will say, 'O Allah's Apostle! Intercede with Allah for me, and I will say, 'I can't help you for I have conveyed Allah's Message to you,' or one carrying over his neck gold and silver and saying, 'O Allah's Apostle! Intercede with Allah for me,' and I will say, 'I can't help you for I have conveyed Allah's Message to you,' or one carrying clothes that will be fluttering, and the man will say, 'O Allah's Apostle! Intercede with Allah for me.' And I will say, 'I can't help you, for I have conveyed Allah's Message to you."

`Aisha said that the Prophet said to her, "O Aisha! Were your nation not close to the Pre-Islamic Period of Ignorance, I would have had the Ka`ba demolished and would have included in it the portion which had been left, and would have made it at a level with the ground and would have made two doors for it, one towards the east and the other towards the west, and then by doing this it would have been built on the foundations laid by Abraham." That was what urged Ibn-Az-Zubair to demolish the Ka`ba. Jazz said, "I saw Ibn-Az-Zubair when he demolished and rebuilt the Ka`ba and included in it a portion of Al-Hijr (the unroofed portion of Ka`ba which is at present in the form of a compound towards the northwest of the Ka`ba). I saw the original foundations of Abraham which were of stones resembling the humps of camels." So Jarir asked Yazid, "Where was the place of those stones?" Jazz said, "I will just now show it to you." So Jarir accompanied Yazid and entered Al-Hijr, and Jazz pointed to a place and said, "Here it is." Jarir said, "It appeared to me about six cubits from Al-Hijr or so."

The Messenger of Allah (saws) sent sacrificial camels with him (as offering to the Ka'bah). He then said: If any one of them becomes fatigued, slaughter it, dip its shoes in its blood, and leave it for the people (to eat).

The she-camel of Bara' ibn Azib entered the garden of a man and did damage to it. The Messenger of Allah (saws) gave decision that the owners of properties are responsible for guarding them by day, and the owners of animals are responsible for guarding them by night.

Yahya related to me from Malik from Umara ibn Yasar that Ata ibn Yasar told him that Abu Ayyub al-Ansari had told him, "We used to sacrifice one sheep, and a man sacrificed for himself and his family. Then later on people began to compete with each other and it became boasting."

Malik said, "The best that I have heard about a single camel, cow or sheep, is that a man should sacrifice a camel for himself and his family. He sacrifices a cow or sheep which he owns for his family, and shares with them in it. It is disapproved for a group of people to buy a camel, cow or sheep, to share for the ritual and sacrifices, each man giving a share of its price, and taking a share of its meat. We have heard the tradition that people do not share in the ritual. However, it may be that the people of one household can share."

Abyad went to the Messenger of Allah (saws) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)

So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.

The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."

Sa'id ibn Jubayr said: I said to Abdullah ibn Abbas: AbulAbbas, I am surprised to see the difference of opinion amongst the companions of the Apostle (saws) about the wearing of ihram by the Messenger of Allah (saws) when he made it obligatory.

He replied: I am aware of it more than the people. The Messenger of Allah (saws) performed only one hajj. Hence the people differed among themselves. The Messenger of Allah (saws) came out (from Medina) with the intention of performing hajj. When he offered two rak'ahs of prayer in the mosque at Dhul-Hulayfah, he made it obligatory by wearing it.

At the same meeting, he raised his voice in the talbiyah for hajj, when he finished his two rak'ahs. Some people heard it and I retained it from him. He then rode (on the she-camel), and when it (the she-camel) stood up, with him on its back, he raised his voice in the talbiyah and some people heard it at that moment. This is because the people were coming in groups, so they heard him raising his voice calling the talbiyah when his she-camel stood up with him on its back, and they thought that the Messenger of Allah (saws) had raised his voice in the talbiyah when his she-camel stood up with him on its back.

The Messenger of Allah (saws) proceeded further; when he ascended the height of al-Bayda' he raised his voice in the talbiyah. Some people heard it at that moment. They thought that he had raised his voice in the talbiyah when he ascended the height of al-Bayda'. I swear by Allah, he raised his voice in the talbiyah at the place where he prayed, and he raised his voice in the talbiyah when his she-camel stood up with him on its back, and he raised his voice in the talbiyah when he ascended the height of al-Bayda'.

Sa'id (ibn Jubayr) said; He who follows the view of Ibn Abbas raises his voice in talbiyah (and ihram) at the place of is prayer after he finishes two rak'ahs of his prayer.

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."