the Messenger of Allah wrote a letter to the people of Yemen, included in which were the rules of inheritance, the sunan and the (rules concerning) blood money. He sent it with 'Arm bin Hazm and it was read to the people of Yemen, Its contents were as follows: "From Muhammad the Prophet to Shurahbil bin 'Abd Kulal, Nu'aim bin 'Abd Kulal, Al-Harith bin' Abd Kulal, Qail dhil-Ru'ain, Mu'afir and Hamdan. To precede" - And in this letter it said that whoevewrkills a believer for no just reason is to be killed in return, unless the heirs of the victim agree to pardon him. For killing a person, the Diyah is one hundred camels. For the nose, if it is cut off completely, diyah must be paid, for the tongue, diyah must be paid; for the lips, Diyah must be paid; for the testicles, Diyah must be paid; for the ends, Diyah must be paid; for the backbone, Dynamist be paid; for the eyes, Diyah must be paid; for one leg, half the Diyah must be paid; for a blow to the head that reaches the brain, one-third of thediyah must be paid; for a stab wound that penetrates deeply into the body, one-third of the diyah must be paid; for a blow that breaks the bone, fifteen camels must be given; for every digit of the hands or feet, ten camels must be given; for a tooth five camels must be given; for an injury that exposes the bone, five camels must be given. A man may be killed in return for (killing) a woman and those who deal in gold must pay one thousand dinars. (Daif)

I was walking with the Prophet on the stony ground in Al-Madinah in the afternoon when Uhud Mount came into sight. Messenger of Allah (PBUH) said, "O Abu Dharr!" I said, "O Messenger of Allah, here I am responding to you". He said, "If I had as much gold as the weight of Uhud, it would not please me to have a single dinar out of it with me after the passage of three days, but I would hold back something for the repayment of a debt. I would distribute it among the slaves of Allah like this and like this and like this." And he (PBUH) pointed in front of him, and on his right side and on his left side. We then walked a little further and he (PBUH) said: "The rich would be poor on the Day of Resurrection, except he who spent like this and like this and like this,". and he pointed as he did the first time. "But such persons are few". Then he said, "Stay where you are till I come back to you". He (the Prophet (PBUH)) walked ahead a little further in the darkness of the night and disappeared from my sight. I heard a loud voice. I said (to myself): "The Messenger of Allah might have met (mishap or an enemy)". I wished I could go after him but I remembered his commanding me to stay till he came back. So I waited for him; and when he came, I made mention of what I had heard. He asked, "Did you hear it?". I said, "Yes". Then he said, "It was Jibril (Gabriel), who came to me and said: 'He who dies among your Ummah without having associated anything with Allah (in worship) will enter Jannah.' I said: 'Even if he committed illicit sexual intercourse or steals?' He (Jibril) said: 'Even if he has committed illicit sexual intercourse or steals".

[Al-Bukhari and Muslim].

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 he saw whomever he was satisfied with among the people of knowledge say about a man who willed that his murderer be pardoned when he murdered him intentionally, "That is permitted for him. He is more entitled to the man's blood than any of his relatives after him."

Malik said about a man who pardoned murder, after he had claimed his right and it was obliged for him, "There is no blood-money against the murderer unless the one who pardons him stipulates that when he pardons him."

Malik said about the murderer when he was pardoned, "He is flogged one hundred lashes and jailed for a year."

Malik said, "When a man murders intentionally and there is a clear proof of that, and the murdered man has sons and daughters and the sons pardon and the daughters refuse to pardon, the pardon of the sons is permitted in opposition to the daughters and there is no authority for the daughters with the sons in demanding blood and pardoning."

Abu Sa'id al-Khudri told that when some people asked God's messenger whether they would see their Lord on the day of resurrection he replied, "Yes. Do you disagree about seeing the sun at noonday when it is unconcealed and there are no clouds, or do you disagree about seeing the moon on the night when it is full when it is unconcealed and there are no clouds?" On their replying that they did not, he said, "You will not disagree about the vision of God on the day of resurrection any more than you do about seeing one of them. When the day of resurrection comes a mu'adhdhinwill cry, `Let every people follow what it was worshipping.' Then all who worshipped idols and stones apart from God will fall one after the other into hell, and when only the righteous and wicked who worshipped God are left the Lord of the universe will come to them and say, `What are you waiting for? Let every people follow what it was worshipping.' They will reply, `Our Lord, we kept separate from the people in the world though we felt great need of them, and did not associate with them.' (In Abu Huraira's version they will say, `This is our place till our Lord comes to us, and when our Lord comes to us we shall recognize Him.') In Abu Sa'id's version He will say, `Is there a sign between you and Him by which you will recognize Him? On their replying that there is, things will be made plain[1]. Those who prostrated themselves before God for His sake will all be permitted by God to prostrate themselves, but those who prostrated themselves for self-protection and show will all have their backs made into one piece by God and will fall on the back of their necks as often as they wish to prostrate themselves. The bridge will then he set up over Jahannam and intercession will be allowed, and they[2] will say, `O God, keep safe, keep safe.' The believers will then pass over like the twinkling of an eye, like lightning, like wind, like a bird, like the finest horses and camels. Some will escape and be kept safe, some will be lacerated and let go, and some will be pushed into the fire of Jahannam. Then when the believers are safe from hell, I swear by Him in whose hand my soul is that none of you is more eager to claim a right when it has become clear to you than those who believe in God will be on the day of resurrection to make claims on behalf of their brethren who are in hell. They will say, `0 our Lord, they were fasting along with us, praying and performing pilgrimage, and will be told to bring out those they recognize. Their faces will be protected from the fire and they will bring forth a large number of people, then say, `O our Lord, not one of those about whom Thou didst give us command remains in it.' He will reply, `Go back and bring forth those in whose hearts you find as much as a dinar of good.' When they have brought forth a large number of people He will say, `Go back and bring forth those in whose hearts you find as much as half a dinar of good.' When they have brought forth a large number of people He will say, 'Go back and bring forth those in whose hearts you find as much as an atom of good.' When they have brought forth a large number of people they will say, `O our Lord, we have not left in it any good.' Then God will say, 'The angels have interceded, the prophets have interceded, the believers have interceded, and only the Most Merciful of the merciful ones remains.' He will then take a handful from hell, bring forth from it people who never did any good, who have been turned into charcoal and cast them into a river at the outskirts of paradise called the river of life. They will come out as a seed comes out from the rubbish carried away by a flood, and they will come forth like pearls with seals on their necks. The inhabitants of paradise will say, `Those are they who have been set free by the Compassionate One who has brought them into paradise without anything they have done or any good they have sent before them.' They will then be told that theirs is what they see and a like quantity along with it." Quran, 48:42 The reference is either to the beginning of terrors, or to the end of all mystery. The second of the two meanings given seems to fit this passage. Presumably the Prophets, but later in this tradition reference is made to intercession having been made by angels, prophets and believers. Abu Huraira's tradition however states that the messenger will say these words. (Bukhari and Muslim.)

Anas said, "One day I visited the Prophet, may Allah bless him and grant him peace, and there was only myself, my mother and my aunt, Umm Hiram. When he came to us, he asked us, 'Shall I pray with you?' It was not the time of an obligatory prayer." One of those listening to the person relating this asked, "Where did he put in Anas in relation to him?" The reply was, "He put him to his right." The report from Anas continues, "Then he prayed with us and made supplication for us, the people of the house, that we would have the best of the blessings of this world and the Next. My mother said, 'Messenger of Allah, make supplication to Allah for your little servant,' and he asked Allah to grant me every blessing. At the end of his supplication, he said, 'O Allah, grant him a lot of money and many children and bless him!'"

Warrad, the scribe of al-Mughira ibn Shu'ba, said, "Mu'awiya wrote to al-Mughira, saying, 'Write down for me what you heard the Messenger of Allah, may Allah bless him and grant him peace, say.' So he wrote to him, 'The Prophet of Allah, may Allah bless him and grant him peace, used to say at the end of every prayer, "There is no god but Allah alone with no partner. His is the Kingdom and His is the praise and He has power over everything. O Allah, none can withhold what You give nor can anyone give what You withhold. Nor will the wealth of someone with wealth help him against You.' He also write to him, 'He forbade gossip, asking too many questions, and wasting money. He forbade disobeying mothers, burying daughters alive, and he forbade asking people (without real need).'"

first, a man who is in debt: it is then permissible for him to receive [Zakah] until his difficulty is resolved; second, a man who was struck by calamity, which destroyed his holdings, which also makes it permissible for him to receive [Zakah] until he is in a position to earn his own living; and third, a man who has been reduced to poverty and three persons of caliber from among his people testify to his desperate circumstances. Such will receive until he finds a means of support for himself. Other than these cases, O Qabisah, it is considered as taking suht (unlawful or haram earnings), and the person receiving it (this Zakah) will be consuming forbidden (unlawful) holdings.” Related by Muslim, Abu Dawud, Ibn Khuzaimah and Ibn Hibban.

I was traveling on a camel of mine which had become exhausted, so I intended to let it go free. The Prophet (SAW) followed me and made supplication for me and struck it. Then, it went as it had never done before. He then said, "Sell it to me for on Uqiya." I replied, "No." He again said, "Sell it to me." So I sold it to him for one Uqiya. However I stipulated that I should be allowed to ride it home. Then when I reached (home), I took the camel to him and he paid me its price in cash. I then went back and he sent someone after me. (When I came), he said, "Do you think that I asked you to reduce the value of your camel's price to take it? Take your camel and your money, for it is yours." [Agreed upon; and this is Muslim's wording].

“Rabab bin Hudhaifah (bin Sa’eed) bin Sahm married Umm Wa’il bint Ma’mar Al-Jumahiyyah, and she bore him three sons. Their mother died and her sons inherited her houses and the Wala’ of her freed slaves. ‘Amr bin ‘As took them out to Sham, and they died of the plague of ‘Amwas. ‘Amr inherited from them, and he was their ‘Asabah.* When ‘Amr came back, Banu Ma’mar came to him and they referred their dispute with him concerning the Wala’ of their sister to ‘Umar. ‘Umar said: ‘I will judge between you according to what I heard from the Messenger of Allah (saw). I heard him say: “What the son or father acquires goes to his. ‘Asabah, no matter who they are.’” So he ruled in our favour and wrote a document to that effect, in which was the testimony of ‘Abdur-Rahman bin ‘Awf, Zaid bin Thabit and someone else. Then when ‘Abdul-Malik bin Marwan was appointed caliph, a freed slave of hers (Umm Wa’il’s) died, leaving behind two thousand Dinar. I heard that that ruling had been changed, so they referred the dispute to Hisham bin Isma’il. We referred the matter to ‘Abdul-Malik, and brought him the document of ‘Umar. He said: ‘I thought that this was a ruling concerning which there was no doubt. I never thought that the people of Al-Madinah would reach such a state that they would doubt this ruling. So he ruled in our favour, and it remained like that afterwards.”

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

the Messenger of Allah (SAW) stood up on the Day of the conquest of Makkah, on the steps of the Ka'bah. He praised and glorified Allah (SWT), then he said: “Praise is to Allah (SWT) who has fulfilled His promise, granted victory to His slave and defeated the Confederates alone. The one who is killed by mistake is the one who is killed with a whip or a stick; for him the blood money is one hundred camels, of which forty should be pregnant she-camels with their youngs in their wombs. Every custom of Ignorance period, and every blood claim, is beneath these two feet of mine (i.e. is abolished), except for the custodianship of the Ka'bah and the provision of water for the pilgrims, which I confirm still belong to the people to whom they belonged before.”

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

Yahya related to me from Malik from Yahya ibn Said from Amr ibn Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu Qatada ibn Ribi said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn. When the armies met, the Muslims were put in disarray. I saw a man from the idol worshippers who had got the better of one of the Muslims, so I circled round and came up behind him, and struck him with a sword on his shoulder-blade. He turned to me and grabbed me so hard that I felt the smell of death in it. Then death overcame him, and he let go of me."

He continued, "I met Umar ibn al-Khattab and said to him, 'What's going on with the people?' He replied, 'The Command of Allah.' Then the people took hold of the battle and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' and then I sat down. The Messenger of Allah repeated, 'Whoever has killed one of the dead and can prove it, can strip him of his personal effects.' I stood up and said, 'Who will testify for me?' then I sat down. Then he repeated his statement a third time, so I stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'What's the matter with you, Abu Qatada?' So I related my story to him. A man said, 'He has spoken the truth, Messenger of Allah. I have the effects of that slain person with me, so give him compensation for it, Messenger of Allah.'

Abu Bakr said, 'No, by Allah! He did not intend that one of the lions of Allah should fight for Allah and His Messenger and then give you his spoils.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He has spoken the truth, hand it over to him.' He gave it to me, and I sold the breast-plate and I bought a garden in the area of the Banu Salima with the money. It was my first property, and I acquired it in Islam."

Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

“A man brought the killer of his relative to the Messenger of Allah (SAW) and the Messenger of Allah (SAW) said: 'Pardon him,' but the refused. He said: 'Take the blood money,' but he refused. He said: 'Go and kill him, but then you will be like him.’ Someone caught up with him and reminded him that the Messenger of Allah (SAW) had said: 'Go and kill him, but then you will be like him.’ So he let him go. He said: So he was seen dragging his strap going to his family. He said: It seemed that he had tied him up.

It's narrated that AbdurRahman bin AlQasim said "Then it is not (permissible) for anyone after the Prophet ﷺ to say 'Go and kill him, but then you will be like him.' "

'Abdullah bin Sahl and Muhaiyisah bin Mas'ud (May Allah be pleased with them) went to Khaibar during the period of the truce (after its conquest) and they separated to perform their duties. When Muhaiyisah returned to `Abdullah bin Sahl, he found him murdered, drenched in his blood. So he buried him and returned to Al-Madinah. Then `Abdur-Rahman bin Sahl, Huwaiyisah and Muhaiyisah, the two sons of Mas`ud went to Messenger of Allah (PBUH) and spoke about the case of their (murdered) friend. `Abdur-Rahman, who was the youngest of them all, started talking. Messenger of Allah (PBUH) said, "Let those older than you speak first." So he stopped talking and the (other two) spoke about the case of their (murdered) friend. Messenger of Allah (PBUH) said, "Will you take an oath whereby you will have the right to receive the blood money of your murdered man?" And mentioned the rest of the Hadith. [Al-Bukhari and Muslim].

`Ali bin Abi Talib (رضي الله عنه) addressed us and said: Whoever claims that we have something that we recite apart from the Book of Allah and this document in which are the ages of camels [to be given as diyah or blood money] and rulings concerning injuries, is lying. And in it the Prophet (ﷺ) said: `Madinah is sacred, the area between ‘Air and Thawr. Whoever commits any offence, or gives refuge to an offender, upon him will be the curse of Allah, the angels and all the people, and on the Day of Resurrection Allah will not accept any obligatory or nafil act of worship from him. Whoever claims to belong to someone other than his father or to belong to someone other than his masters (who manumitted him), upon him be the curse of Allah, the Angels and all the people, and on the Day of Resurrection Allah will not accept any nafil or obligatory act of worship from him. Protection granted by any Muslim is binding upon all of them, and may be given by the humblest of them.`

Ibn ’Abbas (RAA) narrated that The Messenger of Allah (P.B.U.H.) said, “The Diyah (Blood money) of a slave who had made an agreement to buy his freedom (Mukatib) and had been killed, is paid at the rate paid for a free man (as a Diyah) as much as he has paid of the amount agreed upon, and at the rate paid for a slave as the remainder is concerned.” Related by Ahmad, Abu Dawud and Au-Nasa’i.

`Umar bin al-Khattab gave a speech and said: O people, we used to know you when the Prophet (ﷺ) was among us and revelation was coming down to him; Allah would tell us about you. But now the Prophet (ﷺ) has passed away and revelation has ceased, and now the way to judge you is this whoever among you shows us good conduct, we will think well of him and love him; whoever among you shows us bad conduct, we will think badly of him and hate him for that, and whatever is in your hearts is between you and your Lord. There was a time when I used to think that whoever learned the Qur`an, seeking thereby Allah and (the reward that) is with Him, would be rewarded in the Hereafter, but some men learned Qur`an seeking that which is with people. So seek Allah by learning Qur`an and by your good deeds. By Allah, I do not send my workers to strike you or seize your wealth; rather I send them to you to teach you your religion and Sunnah, whoever has done to him something other than that, let him refer it to me, for by the One in Whose hand is my soul, I shall surely grant him retaliation. `Amr bin al-`As stood up and said: O Ameer al Mu`mineen, do you think if one of the Muslims was in charge of some people and he disciplined one of them, would you allow that one to settle the score with him? He said: Yes, by the One in Whose hand is the soul of `Umar, I would not certainly allow him to settle the score with him. I saw the Messenger of Allah (ﷺ) do that with regard to himself. But do not strike the Muslims and thus humiliate them, and do not keep them away from their wives on campaign for too long and thus expose them to temptation. Do not withhold from them their due rights and cause them to rebel; and do not make them camp in an area with a lot of trees, because that will cause them to be scattered.

It was narrated that ‘Abul-`Ajfa` as-Sulami said: I heard ‘Umar say: Do not make women`s dowries expensive,... and he mentioned the same hadeeth.

Abu Hurairah (RAA) narrated “Two woman of the tribe of Hudhail fought with each other and one of them threw a stone at the other. In this way she killed the woman and what was in her womb (as she was pregnant). Their dispute was presented to the Prophet (P.B.U.H.) who ordained that the Diyah (blood money) of the unborn child, is a male or a female slave of the best quality. He also decided that the Diyah of the woman is to be paid by her relatives (the one who killed) on her father’s side. The Messenger of Allah (P.B.U.H.) also ordained that her inheritance (of the woman who killed as she died later) be for her sons and husband (and not for her relatives who had to pay the Diyah). Hamal bin An-Nabighah Al-Hudhaili then said, ‘O Messenger of Allah! Why should I pay the Diyah for one who neither drank nor ate nor spoke, nor cried (i.e. the dead fetus), such a creature is not entitled to blood money.’ The Messenger of Allah (P.B.U.H.) then said, “This man is one of the brothers of the soothsayers,” on account of the rhymed speech which he used, concerning the dead fetus.

I and my father set out in search of knowledge to a tribe of the Ansar before their death (i. e. before the Companions of the Holy Prophet left the world) and I was the first to meet Abu Yasar, a Companion of Allah's Messenger (may peace be upon him) and there was a young man with him who carried the record of letters with him and there was a mantle prepared by the tribe of Ma'afiri upon him. And his servant too had a Ma'afiri mantle over him. My father said to him: My uncle, I see the signs of anger or that of agony on your face. He said: Yes, such and such person, the son of so and so, of the tribe of Harami owed me a debt. I went to his family, extended salutations and said: Where is he? They said: He is not here. Then came out to me his son who was at the threshold of his youth. I said to him: Where is your father? He said: No sooner did he hear your sound than he hid himself behind my mother's bedstead. I said to him: Walk out to me, for I know where you are. He came out. I said to him: What prompted you to hide yourself from me? He said: By God, whatever I would say to you would not be a lie. By Allah, I fear that I should tell a lie to you and in case of making promise with you I should break it, as you are the Companion of Allah's Messenger (may peace be upon him). The fact is that I was hard up in regard to money. I said: Do you adjure by Allah? He said: I adjure by Allah. I said: Do you adjure by Allah? He said: I adjure by Allah. I said: Do you adjure by Allah? He said: I adjure by Allah. Then he brought his promissory note and he wrote off (the debt) with his hand and said: Make payment when you find yourself solvent enough to pay me back; if you are not, then there is no liability upon you. These two eyes of mine saw, and he (Abu'I-Yasar) placed his fingers upon his eyes and these two ears of mine heard and my heart retained, and he pointed towards his heart that Allah's Messenger (may peace be upon him) said: He who gives time to one who is financially hard up (in the payment of debt) or writes off his debt, Allah will provide him His shadow. I said to him: My uncle, if you get the cloak of your servant and you give him your two clothes, or take his two clothes of Ma'afir and give him your cloak, then there would be one dress for you and one for him. He wiped my head and said: O Allah, bless the son of my brother. O, son of my brother, these two very eyes of mine saw and these two ears of mine listened to and this heart of mine retained this, and he pointed towards the heart that Allah's Messenger (may peace be upon him) said: Feed them (the servants) and clothe them (the servants) what you wear, and if I give him the goods of the world, it is easy for me than this that he should take my virtues on the Day of Resurrection. We went on till we came to Jabir b. Abdullah in the mosque and he was busy in observing prayer in one cloth which he had joined at its opposite ends. I made my way through the people till I sat between him and the Qibla and I said: May Allah have mercy upon you. Do you observe prayer with one cloth on your body whereas your mantle is lying at your side? He pointed me with his hand towards my breast just like this and he separated his fingers and bent them in the shape of a bow. And (he said): I thought that a fool like you should come to me so that he should see me as I do and he should then also do like it. Allah's Messenger (may peace be upon him) came to us in this very mosque and he had in his hand the twig of the palm-tree and he saw mucus towards the Qibla of the mosque and he erased it with the help of the twig. He then came to us and said: Who amongst you likes that Allah should turn His face away from him? We were afraid. He then again said: Who amongst you likes that Allah should turn His face away from him? We were afraid. He again said: Who amongst you likes that Allah should turn His face away from him? We said: Allah's Messenger, none of us likes it. And he said: If one amongst you stands for prayer, Allah, the Exalted and Glorious, is before him he should not spit in front of him, or on his right side, but should spit on his left side beneath his left foot and if he is impelled to do so all of a sudden (in spite of himself) he should then spit in his cloth and fold it in some part of it. (and he further said: ) Bring some sweet-smelling thing. A young man who belonged to our tribe stood up, went and brought scent in his palm. Allah's Messenger (may peace be upon him) took that and applied it to the end of that twig and then touched the place where there had been mucus. Jabir said: This is why you should apply scent to your mosques. It is reported on the same authority: We set out along with Allah's Messenger (may peace be upon him) on an expedition of Batn Buwat. He (the Holy Prophet) was in search of al-Majdi b. 'Amr al-Juhani. (We had so meagre equipment) that five. six or seven of us had one camel to ride and so we mounted it turn by turn. Once there wan. the turn of an Ansari to ride upon the camel. He made it kneel down to ride over it (and after having. mounted it), he tried to raise it up but it hesitated. So he said. May there be curse of Allah upon you! Thereupon Allah's Messenger (may peace be upon him) said: Who is there to curse his camel? He said: Allah's Messenger, it' is I. Thereupon he said: Get down from the camel and let us not have in our company the cursed one. Don't curse your own selves, nor your children. nor your belongings. There is the possibility that your curse may synchronies with the time when Allah is about to confer upon you what you demand and thus your prayer may be readily responded. It is reported on the same authority: We set out on an expedition along with Allah's Messenger (may peace be upon him) until it was evening, and we had been near a. water reservoir of Arabia. Allah's Messenger (may peace be upon him) said: Who would be the person who would go ahead and set right the reservoir and drink water himself and serve us with it? Jabir said: I stood up and said: Allah's Messenger, it is I who am ready to do that. Thereupon Allah's Messenger (may peace be upon him) said: Who is the person to accompany Jabir? And then Jabbar b. Sakhr stood up. So we went to that well and poured in that tank a bucket or two of water and plastered it with clay and then began to fill it (with water) until it was filled to the brim. Allah's Messenger (may peace be upon him) was the first who appeared before us, and he said: Do you (both) permit me to drink water out of it? We said: Yea, Allah's Messenger. He led his camel to drink water and it drank. He then pulled its rein and it stretched its legs and began to urinate. He then took it aside and made it kneel down at another place and then came to the tank and performed ablution. I then got up and performed ablution like the ablution of Allah's Messenger (may peace be upon him), and Jabbar b. Sakhr went in order to relieve himself and Allah's Messenger (may peace be upon him) got up to observe prayer and there was a mantle over me. I tried to invert its ends but it was too short (to cover my body easily). It had its borders. I then inverted it (the mantle) and drew its opposite ends and then tied them at my neck. I then came and stood upon the left side of Allah's Messenger (may peace be upon him). He caught hold of me and made me go round behind him, until he made me stand on his right side. Then Jabbar b. Sakhr came. He performed ablution and then came and stood on the left side of Allah's Messenger (may peace be upon him). Then Allah's Messenger (may peace be upon him) caught hold of our hands together, pushed us back and made us stand behind him. Then Allah's Messenger (may peace be upon him) began to look upon me with darting looks, but I did not perceive that. After that I became aware of it and he pointed with the gesture of his hand that I should wrap my loin-cloth. When Allah's Messenger (may peace be upon him) had finished the prayer, he said: Jabir! I said: Allah's Messenger, at thy beck and call. He said: When the cloth around you is inadequate, then tie the opposite ends but when it is small, tie it over the lower body. Jabir reported: We set out on an expedition with Allah's Messenger (may peace be upon him) and the only means of sustenance for every person amongst us was only one date for a day and we used to chew it. And we struck the leaves with the help of our bow and ate them until the sides of our mouths were injured. It so happened one day that a person was overlooked and not given a date. We carried that person and bore witness to the fact that he had not been given that date so he was offered that and he got up and received that. Jabir reported: We set out on an expedition along with Allah's Messenger (may peace be upon him) until we got down at a spacious valley and Allah's Messenger (may peace be upon him) went to relieve himself. I followed him with a bucket full of water and Allah's Messenger (may peace be upon him) looked about and he found no privacy but two trees at the end of the valley and Allah's Messenger (may. peace be upon him) went to one of them and took hold of one of its twigs and said: Be thou under my control by the permission of Allah, and so it came under his control like the camel who has its nosestring in the hand of its rider, and then he came to the second tree and took hold of a twig and said: Be thou under my control with the permission of Allah, and it came under his control, and when he came in the middle of the two trees he joined together the two twigs and said: join with the permission of Allah. Jabir said: I was afraid lest Allah's Messenger (may peace be upon him) should be aware of my nearness and go still farther. And Muhammad b. Abbad has used the word" faitab'd" and I began to talk to myself. And as I saw, I suddenly found Allah's Messenger (may peace be upon him) before me and the two trees were separated and each one of them was standing at its place. I saw Allah's Messenger (may peace be upon him) standing for a short time, nodding his head towards right and left. Isma'il pointed towards the right and left with the help of his head (in order to demonstrate how the Holy Prophet had pointed). Then he (the Holy Prophet) came to me and said: Jabir did you see my place where I was standing? I said: Allah's Messenger, yes. He then said: Then you should go to those two trees and cut a twig from each of them and go to that place with them where I was standing and stand there where I was standing and place a twig on the right and a twig on the left. Jabir said: I set out and took hold of a stone and broke it and sharpened it and then I came to those trees and cut a twig from each one of them. I then came dragging them until I stood at the place where Allah's Messenger (may peace be upon him) had been standing and placed a twig on the right and a twig on the left. Then I met him and said: Allah's Messenger, I have done that, but (kindly) explain to me the reason for it. Thereupon he said: I passed by two graves the occupants of which had been undergoing torment. I liked to make intercession for them so that the might be relieved of this torment y as long as these twigs remain fresh. Jabir said: We came back to the (camp of the) army and Allah's Messenger (may peace be upon him) said: Jabir, call people for per- forming wudu. I cried: Come and perform wudu, come and perform wudu, come and perform wudu. I said: Allah's Messenger, there is not even a drop of water in the army camp, and there. was a person who used to cool the water for Allah's Messenger (may peace be upon him) in the old water-skin which kept hanging by the twig. He asked me to go to such and such Ansari and ask him to see if there was any water in that skin. I went to him and cast a glance in it but did not find anything but a drop in the mouth of that water-skin and if I were to draw that, the water-skin's,. dried part would suck it up. I came to Allah's Messenger (may peace be upon him) and said: Allah's Messenger, I have not found anything in it but a drop of water in the mouth of the water-skin and now if I were to draw that, it would be absorbed. He said: Go and bring that to me. I brought that to him. He took hold of it -and began to utter something which I could not understand and then pressed it with his hand and gave that to me and said: Jabir, announce for the tub to be brought. So I announced that the tub of the army (be brought). It was brought accordingly and I placed it before him (the Holy Prophet). Thereupon Allah's Messenger (may peace be upon him) placed his hands in the tub like this: with his fingers stretched out, and then he placed his fingers at the bottom of the tub and said: Jabir, take it (that waters-skin) and pour water over me, by reciting Bismillah, and I poured water and I said: Bismillah, and found water sprouting out between the fingers of Allah's Messenger (may peace be upon him). Then that tub gushed forth until it was filled up and the Messenger (may peace be upon him) said: Jabir, make an announcement to the effect: He who needs water should take that. Jabir said: The people came and got water until they were all satiated. I said: Is there anyone left who wants to get it? And Allah's Messenger (may peace be upon him) then lifted up his hand from that tub and it was still full. Then the people made a complaint to Allah's Messenger (may peace be upon him) about hunger and he said: May Allah provide you food! We came to the bank of the ocean and the ocean was tossing and it threw out a big animal and we lit fire and cooked it and took it until we had eaten to our heart's content. Jabir said: I and such and such five persons entered Its socket and nobody could see us until we had come out, and we took hold of one of its ribs and twisted it into a sort of arch, then we called the tallest of the persons of the army and the hugest of the camels of the army and it had the big saddle over it, and it could easily pass through it without the rider having need to bend down.

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

I sat with an old man of Banu Tameem in the mosque of Basrah who had a document in his hand. That was at the time of al-Hajjaj. He said to me: “O slave of Allah, do you think that this document could help me in any way with this governor?” I said: “What is this document?” He said: “This is a document from the Messenger of Allah (ﷺ) which he wrote for us to say that no transgression should be committed against us with regard to our zakah.” I said: “No, by Allah, I do not think that this document will help you at all. But what is the story about this document?” He said: “I came to Madinah with my father when I was a young boy, with some camels of ours to sell. My father was a friend of Talhah bin `Ubaidullah at-Taimi, so we stayed with him. My father said to him: “Come out with me and sell these camels of mine for me.” Talhah said: “The Messenger of Allah (ﷺ) has forbidden townsmen to sell for Bedouins. But I will go out with you and sit with you. Offer your camels for sale and if a man comes and makes you an offer and I think he is honest and sincere, I will tell you to sell to him. So we went out to the marketplace and showed the mounts that we had for sale, and Talhah sat nearby. People made offers to us, then when a man offered what we wanted, my father said to Talhah: “Shall I sell to him?” He said: “Yes, I am sure he is honest. So sell to him.” So we sold to him. Then when we took our money and ended our business, my father said to Talhah: “Ask the Messenger of Allah (ﷺ) for a document for us, stating that no one should transgress against us with regard to our zakah.” (Talhah) said: “This is your right and it is the right of every Muslim.” He said: “Nevertheless, I would like to have a document from the Messenger of Allah(ﷺ).” So he took us out and brought us to the Messenger of Allah (ﷺ) and said: “O Messenger of Allah (ﷺ), this man is a man of the desert and is a friend of ours. He would like you to write a document for him, stating that no one should transgress against him with regard to his zakah.” The Messenger of Allah (ﷺ) said: `That is his right and it is the right of every Muslim.” He said: “O, Messenger of Allah, he would like to have something from you in writing concerning that.” So the Messenger of Allah (ﷺ) wrote this document for us.”

When Az-Zubair, got ready to fight in the battle of Al- Jamal, he called me and said: "My son, whoever is killed today will be either a wrongdoer or a wronged one. I expect that I shall be the the wronged one today. I am much worried about my debt. Do you think that anything will be left over from our property after the payment of my debt? My son, sell our property and pay off my debt." Az-Zubair then willed one-third of that portion to his sons; namely 'Abdullah's sons. He said, "One-third of the one-third. If any property is left after the payment of debts, one-third (of the one-third of what is left is to be given to your sons." (Hisham, a subnarrator added: "Some of the sons of 'Abdullah were equal in age to the sons of Az-Zubair, e.g., Khubaib and Abbad. 'Abdullah had nine sons and nine daughters at that time)". (The narrator 'Abdullah added:) He kept on instructing me about his debts and then said: "My son, should you find yourself unable to pay any portion of my debt then beseech my Master for His help." By Allah, I did not understand what he meant and asked: "Father, who is your Master?" He said: "Allah." By Allah! Whenever I faced a difficulty in discharging any portion of his debt; I would pray: "O Master of Zubair, discharge his debt," and He discharged it. Zubair was martyred. He left no money, but he left certain lands, one of them in Al-Ghabah, eleven houses in Al-Madinah, two in Basrah, one in Kufah and one in Egypt. The cause of his indebtedness was that a person would come to him asking him to keep some money of his in trust for him. Zubair would refuse to accept it as a trust, fearing it might be lost, but would take it as a loan. He never accepted a governorship, or revenue office, or any public office. He fought along with Messenger of Allah (PBUH) and Abu Bakr, 'Umar and 'Uthman (May Allah be pleased with them).

'Abdullah added: I prepared a statement of his debts and they amounted to two million and two hundred thousand! Hakim bin Hizam met me and asked me: "Nephew, how much is due from my brother as debt?" I kept it as secret and said: "A hundred thousand." Hakim said: "By Allah! I do not think your assets are sufficient for the payment of these debts." I said: "What would you think if the amount were two million and two hundred thousand?" He said: "I do not think that you would be able to clear off the debts. If you find it difficult let me know."

Az-Zubair (May Allah bepleased with him) had purchased the land in Al-Ghabah for a hundred and seventy thousand. 'Abdullah sold it for a million and six hundred thousand, and declared that whosoever had a claim against Az-Zubair (May Allah bepleased with him) should see him in Al-Ghabah. 'Abdullah bin Ja'far (May Allah bepleased with him) came to him and said: "Az- Zubair (May Allah bepleased with him) owed me four hundred thousand, but I would remit the debt if you wish." 'Abdullah (May Allah bepleased with him) said: "No." Ibn Ja'far said: ''If you would desire for postponement I would postpone the recovery of it." 'Abdullah said: "No." Ibn Ja'far then said: "In that case, measure out a plot for me." 'Abdullah marked out a plot. Thus he sold the land and discharged his father's debt. There remained out of the land four and a half shares. He then visited Mu'awiyah who had with him at the time 'Amr bin 'Uthman, Al-Mundhir bin Az-Zubair and Ibn Zam'ah (May Allah bepleased with them). Mu'awiyah (May Allah bepleased with him) said: "What price did you put on the land in Al-Ghabah?" He said: "One hundred thousand for a each share. Mu'awiyah inquired: "How much of it is left?" 'Abdullah said: "Four and a half shares." Al-Mundhir bin Az-Zubair said: "I will buy one share for a hundred thousand". 'Amr bin 'Uthman said: "I will buy one share for a hundred thousand". Ibn Zam'ah said: "I will buy one share for a hundred thousand." Then Mu'awiyah asked: "How much of it is now left?" 'Abdullah said: "One and a half share. Mu'awiyah said: "I will take it for one hundred and fifty thousand." Later 'Abdullah bin Ja'far sold his share to Mu'awiyah for six hundred thousand.

When 'Abdullah bin Az-Zubair (May Allah bepleased with him) finished the debts, the heirs of Az-Zubair (May Allah bepleased with him) asked him to distribute the inheritance among them. He said: "I will not do that until I announce during four successive Hajj seasons: 'Let he who has a claim against Az-Zubair come forward and we shall discharge it."' He made this declaration on four Hajj seasons and then distributed the inheritance among the heirs of Az-Zubair (May Allah bepleased with him) according to his will. Az- Zubair (May Allah bepleased with him) had four wives. Each of them received a million and two hundred thousand. Thus Az-Zubair's total property was amounted to fifty million and two hundred thousand.

[Al-Bukhari]

'Give your relatives their due, and the very poor and travellers.' He also teaches us what we can say if we have nothing. He says, 'But if you do turn away from them, seeking the mercy you hope for from your Lord, then speak to them with words that bring them ease' (17:28) in the form of an excellent promise. Things are as they are, but they might change if Allah wills. 'Do not keep your hand chained to your neck' and not give anything, 'but do not extend it either to its full extent' and give all you have, 'so that you sit there blamed' as those who come to you later and find you have nothing will blame you, 'and destitute.' (17:29)" He said, "The person to whom you have given everything has made you destitute."

Rafi' ibn Khudayj and Sahl ibn Abi Hathama reported that 'Abdullah ibn Sahl and Muhayyisa ibn Mas'ud came to Khaybar and parted when they were among the palm trees. 'Abdullah ibn Sahl was murdered. 'Abdu'r-Rahman ibn Sahl and Huwayyisa and Muhayyisa, the sons of Mas'ud came to the Prophet, may Allah bless him and grant him peace, and spoke to him about their (murdered) companion. 'Abdu'r-Rahman, the youngest of those present, began to speak, but the Prophet, may Allah bless him and grant him peace, said, "Let the oldest speak first." (or "Exalt the eldest.") They spoke about their companion and the Prophet, may Allah bless him and grant him peace, asked, "Will fifty of you take an oath that you are entitled to the blood-money of your murdered man?" They replied, "Messenger of Allah, this is something which we did not see." He said, "Then will the Jews exonerate themselves by the oaths of fifty of them?" They protested, "Messenger of Allah, they are unbelievers!" So the Messenger of Allah, may Allah bless him and grant him peace, himself paid his blood money."

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."

Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."

Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

Yahya (one of the narrators) said: And I think it was from Rafi' bin Khadij - that 'Abdullah bin Sahl bin Zaid and Muhaiysah bin Mas'ud bin Zaid went out and when they reached Khaibar they separated while there. Then Muhayyisah found 'Abdullah bin Sahl murdered [so he buried him]. Then he went to the Messenger of Allah (saws) along with Huwayyisah bin Mas'ud and Abdur-Rahman bin Sahl. The youngest of the people, Abdur-Rahman, went to speak ahead of his companions. The Messenger of Allah (saws) said to him: "Let the eldest of you speak." So he was silent and two companions spoke. So he conversed with them and they mentioned to the Messenger of Allah (saws) about the murder of 'Abdullah bin Sahl. He said to them: "If fifty of you can swear an oath then you will have the right against the murderer." They said: "How can we take an oath when we did not witness it?" He said: "Then fifty of Jews can swear to clear the charge with you?" They said: "How could we accept the oaths of a disbelieving people?" So when he saw that, the Messenger of Allah (saws) paid the blood-money." (Another Chain) from Sahl bin Abi Hathman and Rafi' bin Khadij, and the meaning is similar to this Hadith.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

the nose, the eyes, the tongue, the lips, the penis, the testicles and the backbone. For the cutting off of one leg; half a Diyah is paid (i.e. 50 camels). For a head injury a third of the Diyah is paid, for a stab which penetrates the body, one third of the Diyah, for a blow which breaks a bones or dislocates it, 15 camels. For each finger or toe, 10 camels are paid. For each tooth five camels are paid. For a wound which exposes a bone five camels are paid. A man is killed in Qisas for killing a woman. For those who possess gold, they should pay the equivalent of the 100 camels which is fixed as one thousand Dinars.’ Related by Abu Dawud in his book “al-Marasil”, an-Nasa'i, Ibn Khuzaimah, Ibn al-Garud, Ibn Hibban and Ahmad, but they disagreed regarding its authenticity.

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 cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

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."

‘Do you have any other Divine Revelation besides what is in the Qur’an? ’Ali said, ‘No. By Him Who made the grain split (germinate) and created the soul, we have nothing besides the Qur’an except the gift of understanding the Qur’an, which Allah gives a man, besides what is written in this manuscript. I said, ‘What is in this manuscript?’ ‘Ali said, ‘The regulations of Diyah (Blood money), the ransom for captives and the ruling that no Muslim should be killed in Qisas for killing a disbeliever.’ Related by Al-Bukhari.

I saw 'Ali (May Allah be pleased with him) giving a Khutbah (sermon) from the pulpit and I heard him saying: "By Allah, we have no book to read except Allah's Book and what is written in this scroll. He unrolled the scroll which showed a list of what sort of camels to be given as blood-money, and other legal matters relating to killing game in the sanctuary of Makkah and the expiation thereof. In it was also written: The Messenger of Allah (PBUH) said: 'Al-Madinah is a sanctuary from 'Air to Thaur (mountains). He who innovates in this territory new ideas in Islam, commits a sin therein, or shelters the innovators, will incur the Curse of Allah, the angels, and all the people, and Allah will accept from him neither repentance nor a ransom on the Day of Resurrection. The asylum (pledge of protection) granted by any Muslim (even of the) lowest status is to be honoured and respected by all 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 accept from him neither repentance nor a ransom on the Day of Resurrection. Whoever attributes his fatherhood to someone other than his (real) father, and takes someone else as his master other than his (real) master without his permission, will incur the Curse of Allah, the angels and all the people, and Allah will accept from him neither repentance nor a ransom on the Day of Resurrection."

[Al-Bukhari and Muslim].

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."

Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."

Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."

Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

Buraida told that Ma'iz b. Malik came to the Prophet and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God's forgiveness and turn to Him in repentance.” He said that he went back not very far, then came and said, “Purify me, Messenger of God,” and the Prophet said the same as he had said before. When this went on till a fourth time he asked, “For what am I to purify you?” and he replied that it was because of fornication. God’s Messenger then asked if the man was mad, and when he was told that he was not, he asked if he had drunk wine. A man got up and smelt his breath but noticed no smell of wine, so the Prophet asked him if he had committed fornication, and when he replied that he had, he gave orders regarding him and he was stoned to death. Two or three days later God’s Messenger came and said, “Ask forgiveness for Ma'iz b. Malik. He has repented to such an extent that if it were divided among a people it would be enough for them all.” Then a woman of Ghamid, a branch of Azd came to him and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God’s forgiveness and turn to Him in repentance.” She said, “Do you want to send me back as you did to Ma'iz b. Malik when I am ¹ pregnant as a result of fornication?” He asked whether she was referring to herself, and when she replied that she was, he told her to wait till she had given birth to what was in her womb. One of the Ansar became responsible for her till she was delivered of a child, and then went to the Prophet and told him that the woman of Ghamid had given birth to a child. He said, "In that case we shall not stone her and so leave her child as an infant with no one to suckle him.” One of the Ansar then got up and said, "I shall be responsible for his suckling, Prophet of God." He then had her stoned to death. A version says that he told her to go away till she gave birth to a child, then when she did, he told her to go away and suckle him till she had weaned him. When she had weaned him she brought the boy to him with a piece of bread in his hand and said, "I have weaned this one and he has eaten food." He (hen handed the boy over to one of the Muslims, and when he had given command regarding her and she was put in a hole up to her breast, he ordered the people to stone her. Khalid b. al-Walid came forward with a stone which he threw at her head, and when the blood spurted on his face he cursed her, but the Prophet said, "Gently, Khalid, By Him in whose hand my soul is, she has repented to such an extent that if one who wrongfully takes an extra tax ² were to repent to a like extent he would be forgiven." Then giving command regarding her, he prayed over her and she was buried. Muslim transmitted it. 1. The Arabic uses the third person, saying she was pregnant. It may be an explanatory phrase, but I have ventured to treat it as part of the woman's word since this makes the sentence read a little more easily. 2. Sahib maks. Maks was money taken from sellers in the market in pre-Islamic times; it is also used of something taken by a tax-collector over and above that is duo.

Abu Dharr said, "The Prophet, may Allah bless him and grant him peace, went towards al-Baqi' and I began to follow him. He turned and saw me and said, 'Abu Dharr!' I said, 'At your service, Messenger of Allah. May I be your ransom.' He said, 'Those who are rich will be poor on the Day of Rising except those who say, "Such-and-such and such-and-such is for a right (which was performed)."' I said, 'Allah and His Messenger know best.' He said, 'That is how it is' three times. Then we came to Uhud. He said, 'Abu Dharr!' I replied, 'At your service, Messenger of Allah. May I be your ransom.' He said, 'It would not delight me if Uhud were to become gold for the family of Muhammad and then have them spend a night with a dinar - or he said a mithqal.' Then we were at a wadi and he went ahead, so I thought that he felt a call of nature, and so I sat down at the edge of the wadi. He was gone a long time and I feared for him. Then I heard him and it seemed as if he were talking to a man. Then he came out to me my himself. I said, 'Messenger of Allah, who was the man you were talking to?' 'Did you hear him?' he asked. I said, 'Yes.' He said, 'That was Jibril. He came to me and gave me the good news that whoever of my community dies without associating anything with Allah will enter the Garden.' I said, 'Even if he commits adultery or steals?' He said, 'Yes.'"

The previous tradition was also transmitted by Ahmad, An-Nasa’i and Abu Dawud on the authority of 'Ali with a different chain of narrators where he said, ‘The blood of one Muslim (his life) is equivalent to the blood of another Muslim (i.e. equal in Qisas and blood money), the protection of Allah is one (and is equally) extended to the most humble of the believers (i.e. if a Muslim gives protection to a man or to a group of men, they should all help him even is he was the most humble of them). Believers are all like one hand against their enemies. No believer is to be killed for a disbeliever (i.e. in Qisas), nor should one who has a covenant with the Muslims be killed while his covenant holds.’ Al-Hakim graded it as Sahih.

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

On the day of Badr, the Messenger of Allah (ﷺ) looked at his companions and they were three hundred and some, then he looked at the mushrikeen and saw that they were one thousand or more. The Prophet of Allah(ﷺ) turned to face the qiblah, then he stretched forth his hands, wearing his upper and lower garment, and he said: “O Allah, where is Your promise to me? O Allah, accomplish for me what You have promised me! O Allah, if this small band of Muslims is destroyed, You will never be worshipped on earth.” He kept beseeching his Lord, calling out to Him, until his upper garment fell from his shoulders. Abu Bakr came to him, picked up his upper garment and put it on him. Then he embraced him from behind and said: O Prophet of Allah, this prayer of yours to your Lord will suffice, for He will accomplish for you what He has promised to you. Then Allah revealed the words: `(Remember) when you sought help of your Lord and He answered you (saying): ‘I will help you with a thousand of the angels each behind the other (following one another) in succession` [al Anfal 8:9). On that day when the armies met (in battle), Allah, may He be glorified and exalted, defeated the mushrikeen; seventy of their men were killed and seventy were taken captive. The Messenger of Allah (ﷺ) consulted Abu Bakr, 'Ali and 'Umar رضي الله عنهم (concerning the prisoners). Abu Bakr said: O Prophet of Allah, they are our cousins, kinsmen and brothers, I think that you should accept a ransom for them, which will strengthen us against the kuffar, and perhaps Allah will guide them to Islam and they will become a support to us. The Messenger of Allah (ﷺ) said: “What do you think, O son of al-Khattab?` I said: No, by Allah. I do not think as Abu Bakr thinks. I think that you should hand. So and so ­ a relative of ʼUmar's- ­ over to me so that I may strike his neck. You should hand ‘Aqeel over to ‘Ali so that he may strike his neck, and you should hand over So and so to Hamzah (his brother) so that he may strike his neck, so that Allah will know that we have no mercy in our hearts towards the mushrikeen; these are their prominent figures and leaders. But the Messenger of Allah (ﷺ) inclined towards the view of Abu Bakr, and he did not incline towards what I said, and accepted ransoms from them. The next day, I came to the Prophet (ﷺ) and found him with Abu Bakr, and they were both weeping I said: O Messenger of Allah , tell me why you and your companion are weeping. If I find it is a cause for weeping, I will weep too, and is it is not, then I will make myself weep with you. The Messenger of Allah (ﷺ) said: `I am weeping because of what your companions suggested about accepting a ransom for the prisoners. I have been shown your punishment as close as this tree` ­ a tree that was close to the Prophet of Allah (ﷺ) Then Allah revealed the words:`It is not for a Prophet that he should have prisoners of war (and free them with ransom) until he had made a great slaughter (among his enemies) in the land. You desire the good of this world (i.e. the money of ransom for freeing the captives), but Allah desires (for you) the Hereafter. And Allah is Almighty, All Wise. Were it not a previous ordainment from Allah, a severe torment would have touched you for what you took `[al Anfal 8:67­-68] ­ i.e., referring to the ransom. Then booty was permitted to them, and when the day of Uhud came the following year, they were punished for what they had done of taking the ransom on the day of Badr. Seventy of them were killed and the Companions of the Prophet deserted him, his front tooth was broken and the helmet on his head was broken, and blood flowed down his face, and Allah revealed the words: “When a single disaster smites you, although you smote (your enemies) with one twice as great, you say: 'From where does this come to us?`Say (to them), ‘It is from yourselves (because of your evil deeds).' And Allah has power over all things” [Al 'Imran 3:165]

On the day of Badr, the Messenger of Allah (ﷺ) looked at his companions and they were three hundred and some, then he looked at the mushrikeen and saw that they were one thousand or more. The Prophet of Allah (ﷺ) turned to face the qiblah, then he stretched forth his hands, wearing his upper and lower garment, and he said: “O Allah, where is Your promise to me? O Allah, accomplish for me what You have promised me! O Allah, if this small band of Muslims is destroyed, You will never be worshiped on earth.” He kept beseeching his Lord, calling out to Him, until his upper garment fell from his shoulders. Abu Bakr came to him, picked up his upper garment and put it back on him. Then he embraced him from behind and said, “O Prophet of Allah, this prayer of yours to your Lord will suffice, for He will accomplish for you what He has promised to you.” Then Allah revealed the words: “(Remember) when you sought help of your Lord and He answered you (saying): ‘I will help you with a thousand of the angels each behind the other (following one another) in succession’” (al-Anfal 8:9). On that day when the armies met (in battle), Allah, may He be glorified and exalted, caused the mushrikeen to be defeated, seventy of their men were killed and seventy were taken captive. The Messenger of Allah (ﷺ) consulted Abu Bakr, ‘Ali and ʼUmar (concerning the prisoners). Abu Bakr said, “O Prophet of Allah, they are our cousins, kinsmen and brothers. I think that you should accept a ransom for them, which will strengthen us against the kuffar, and perhaps Allah will guide them to Islam and they will become a support to us.” The Messenger of Allah (ﷺ) said, “What do you think, O son of al-Khattab?” I said: No, by Allah. I do not think as Abu Bakr thinks. I think that you should hand so and so—a relative of ‘Umar's—to me so that I may strike his neck, You should hand ‘Aqeel over to ‘Ali so that he may strike his neck, and you should hand over so and so to Hamzah (his brother) so that he may strike his neck, so that Allah will know that we have no mercy in our hearts towards the mushrikeen; these are their prominent figures and leaders. But the Messenger of Allah (ﷺ) inclined towards the view of Abu Bakr, and he did not incline towards what I said, and accepted ransoms from them. The next day. I came to the Prophet (ﷺ) and found him with Abu Bakr, and they were both weeping. I said, “O Messenger of Allah, tell me why you and your companion are weeping. If I find it is a cause for weeping. I will weep too, and if it is not, then I will make myself weep with you.” The Messenger of Allah (ﷺ) said, “I am weeping because of what your companions suggested about accepting a ransom for the prisoners. I have been shown your punishment as close as this tree”—a tree that was close to the Prophet of Allah (ﷺ). Then Allah revealed the words: “It is not for a Prophet that he should have prisoners of war (and free them with ransom) until he had made a great slaughter (among his enemies) in the land. You desire the good of this world (i.e. the money of ransom for freeing the captives), but Allah desires (for you) the Hereafter, And Allah is All-Mighty, All-Wise. Were it not a previous ordainment from Allah, a severe torment would have touched you for what you took.” [al-Anfal 8:67-68] i.e., referring to the ransom. Then booty was permitted to them, and when the day of Uhud came the following year, they were punished for what they had done for taking the ransom on the day of Badr. Seventy of them were killed and the Companions of the Prophet deserted him; his front tooth was broken and the helmet on his head was broken, and blood flowed down his face, and Allah revealed the words: “When a single disaster smites you, although you smote (your enemies) with one twice as great, you say: ‘From where does this come to us?’ Say (to them), ‘It is from yourselves (because of your evil deeds).’ And Allah has power over all things” [Al ‘Imran 3:165]

I heard the Messenger of Allah (PBUH) say: The first of people against whom judgment will be pronounced on the Day of Resurrection will be a man who died a martyr. He will be brought and Allah will make known to him His favours and he will recognize them. [ The Almighty] will say: And what did you do about them? He will say: I fought for you until I died a martyr. He will say: You have lied - you did but fight that it might be said [of you]: He is courageous. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. [Another] will be a man who has studied [religious] knowledge and has taught it and who used to recite the Quran. He will be brought and Allah will make known to him His favours and he will recognize them. [The Almighty] will say: And what did you do about them? He will say: I studied [religious] knowledge and I taught it and I recited the Quran for Your sake. He will say: You have lied - you did but study [religious] knowledge that it might be said [of you]: He is learned. And you recited the Quran that it might be said [of you]: He is a reciter. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. [Another] will be a man whom Allah had made rich and to whom He had given all kinds of wealth. He will be brought and Allah will make known to him His favours and he will recognize them. [The Almighty] will say: And what did you do about them? He will say: I left no path [untrodden] in which You like money to be spent without spending in it for Your sake. He will say: You have lied - you did but do so that it might be said [of you]: He is open-handed. And so it was said. Then he will be ordered to be dragged along on his face until he is cast into Hell-fire. It was related by Muslim (also by at-Tirmidhi and an-Nasa'i).