The Prophet appointed a man from the tribe of Bani Asad, called Ibn Al-Utabiyya to collect the Zakat. When he returned (with the money) he said (to the Prophet), "This is for you and this has been given to me as a gift." The Prophet stood up on the pulpit (Sufyan said he ascended the pulpit), and after glorifying and praising Allah, he said, "What is wrong with the employee whom we send (to collect Zakat from the public) that he returns to say, 'This is for you and that is for me?' Why didn't he stay at his father's and mother's house to see whether he will be given gifts or not? By Him in Whose Hand my life is, whoever takes anything illegally will bring it on the Day of Resurrection by carrying it over his neck: if it is a camel, it will be grunting: if it is a cow, it will be mooing: and if it is a sheep it will be bleating!" The Prophet then raised both his hands till we saw the whiteness of his armpits (and he said), "No doubt! Haven't I conveyed Allah's Message?" And he repeated it three times.

A man came to Allah's Apostle and said, "O Allah's Apostle! I am suffering from fatigue and hunger." The Prophet sent (somebody) to his wives (to get something), but the messenger found nothing with them. Then Allah's Apostle said (to his companions). "Isn't there anybody who can entertain this man tonight so that Allah may be merciful to him?" An Ansari man got up and said, "I (will, entertain him), O Allah's Apostle!" So he went to his wife and said to her, "This is the guest of Allah's Apostle, so do not keep anything away from him." She said. "By Allah, I have nothing but the children's food." He said, "When the children ask for their dinner, put them to bed and put out the light; we shall not take our meals tonight," She did so. In the morning the Ansari man went to Allah's Apostle who said, "Allah was pleased with (or He bestowed His Mercy) on so-and-so and his wife (because of their good deed)." Then Allah revealed: 'But give them preference over themselves even though they were in need of that.' (59.9)

The daughter of the Prophet (p.b.u.h) sent (a messenger) to the Prophet requesting him to come as her child was dying (or was gasping), but the Prophet returned the messenger and told him to convey his greeting to her and say: "Whatever Allah takes is for Him and whatever He gives, is for Him, and everything with Him has a limited fixed term (in this world) and so she should be patient and hope for Allah's reward." She again sent for him, swearing that he should come. The Prophet got up, and so did Sa`d bin 'Ubada, Mu`adh bin Jabal, Ubai bin Ka`b, Zaid bin Thabit and some other men. The child was brought to Allah's Apostle while his breath was disturbed in his chest (the sub-narrator thinks that Usama added: ) as if it was a leather water-skin. On that the eyes of the Prophet (p.b.u.h) started shedding tears. Sa`d said, "O Allah's Apostle! What is this?" He replied, "It is mercy which Allah has lodged in the hearts of His slaves, and Allah is merciful only to those of His slaves who are merciful (to others).

The Prophet forbade the use of the price of blood and the price of a dog, the one who takes (eats) usury the one who gives usury, the woman who practises tattooing and the woman who gets herself tattooed.

Bilal used to pronounce the Adhan at night, so Allah's Apostle? said, "Carry on taking your meals (eat and drink) till Ibn Um Maktum pronounces the Adhan, for he does not pronounce it till it is dawn.

It has been narrated on the authority of Abdullah b. Umar that the Messenger of Allah (may peace be upon him) used to forbid that one should travel to the land of the enemy taking the Qur'an (with him) lest it should fall into the hands of the enemy.

Sauda (the wife of the Prophet) went out to answer the call of nature after it was made obligatory (for all the Muslims ladies) to observe the veil. She had a large frame and everybody who knew her before could recognize her. So `Umar bin Al-Khattab saw her and said, "O Sauda! By Allah, you cannot hide yourself from us, so think of a way by which you should not be recognized on going out. Sauda returned while Allah's Apostle was in my house taking his supper and a bone covered with meat was in his hand. She entered and said, "O Allah's Apostle! I went out to answer the call of nature and `Umar said to me so-and-so." Then Allah inspired him (the Prophet) and when the state of inspiration was over and the bone was still in his hand as he had not put in down, he said (to Sauda), "You (women) have been allowed to go out for your needs."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

From Jabir bin 'Abdullah and Anas bin Malik who said: "When the Messenger of Allah (saws) supplicated against locusts he would say: 'O Allah! Destroy the locusts, kill the large among him, and destroy the small, spoil his core, and cut off his rear. Take their mouths from our livelihood and our sustenance. Verily, You indeed listen to the supplication!' So a man said: 'O Messenger of Allah! How is it that you supplicate against one of the Allah's armies that He cut off their rear?'" He said: "So the Messenger of Allah (saws) said: 'They are bit scattered from a fish in the ocean.'"

[Abu 'Eisa said:] This Hadith is Gharib. We do not know of it except from this route. And Musa bin Muhammad bin Ibrahim At-Taimi has been criticized. He narrates many Gharib and Munkar narrations. His father Muhammad bin Ibrahim is trustworthy, and he is from Al-Madinah.

On reaching the sanctuary of Mecca, Ibn `Umar used to stop, reciting Talbiya and then he would pass the night at Dhi-Tuwa and then offer the Fajr prayer and take a bath. He used to say that the Prophet used to do the same.

That 'Umar would not take the Jizyah from the Zoroastrians until 'Abdur-Rahman bin 'Awf informed him that the Prophet (saws) took Jizyah from the Zoroastrians of Hajar."

There is more dialogue in the Hadith than this. And this Hadith is Hasan Sahih.

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

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

There was a disagreement between them (i.e. Ibn `Abbas and Ibn Az-Zubair) so I went to Ibn `Abbas in the morning and said (to him), "Do you want to fight against Ibn Zubair and thus make lawful what Allah has made unlawful (i.e. fighting in Meccas?" Ibn `Abbas said, "Allah forbid! Allah ordained that Ibn Zubair and Bani Umaiya would permit (fighting in Mecca), but by Allah, I will never regard it as permissible." Ibn `Abbas added. "The people asked me to take the oath of allegiance to Ibn AzZubair. I said, 'He is really entitled to assume authority for his father, Az-Zubair was the helper of the Prophet, his (maternal) grandfather, Abu Bakr was (the Prophet's) companion in the cave, his mother, Asma' was 'Dhatun-Nitaq', his aunt, `Aisha was the mother of the Believers, his paternal aunt, Khadija was the wife of the Prophet , and the paternal aunt of the Prophet was his grandmother. He himself is pious and chaste in Islam, well versed in the Knowledge of the Qur'an. By Allah! (Really, I left my relatives, Bani Umaiya for his sake though) they are my close relatives, and if they should be my rulers, they are equally apt to be so and are descended from a noble family.

The Prophet (saws) said: O people, if any of you is put in an administrative post on our behalf and conceals from us a needle or more, he is acting unfaithfully, and will bring it on the Day of Resurrection. A black man from the Ansar, as if I am seeing him, stood and said: Messenger of Allah, take back from me my post. He asked: What is that? He replied: I heard you say such and such. He said: And I say that. If we appoint anyone to an office, he must bring what is connected with it, both little and much. What he is given, he may take, and he must refrain from what is kept away from him.

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

I went to Allah's Apostle in the year of the conquest of Mecca and found him taking a bath while Fatima was screening him. The Prophet asked, "Who is it?" I replied, "I am Um-Hani."

The woman who has a prolonged flow of blood should wash herself every day when her menstrual period is over and take a woollen cloth greased with fat or oil (to tie over the private parts).

The Companions of the Prophet (saws) complained to the Prophet (saws) about the hardship when they kept their forearms far away from their sides while prostrating. He said: Take help with the elbows (by spreading them on the ground and sticking them to the sides).

Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, "O fornicator." Zurayq said, "So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al- Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon."

Zurayq said, "I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.' "

Yahya said, "I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted."

Yahya related to me from Malik from Ibn Shihab from Abbad ibn Ziyad, a descendant of al-Mughira ibn Shuba from his father from al Mughira ibn Shuba that the Messenger of Allah, may Allah bless him and grant him peace, went to relieve himself during the expedition of Tabuk. Mughira said, "I went with him, taking water. Then the Messenger of Allah, may Allah bless him and grant him peace, came back and I poured out the water for him. He washed his hands and then went to push his hands out of the sleeves of his garment, but could not do so because of their narrowness. So he brought them out from underneath his garment. Then he washed his arms, wiped his head and wiped over his leather socks. The Messenger of Allah, may Allah bless him and grant him peace, returned and Abdar Rahman ibn Awf was leading the people in prayer, and he had already finished one raka with them. The Messenger of Allah, may Allah bless him and grant him peace, prayed the remaining raka with them to everyone's concern. When the Messenger of Allah, may Allah bless him and grant him peace, finished he said, 'You have acted correctly.' "

AbulJuwayriyyah al-Jarmi said: I found a red pitcher containing dinars in Byzantine territory during the reign of Mu'awiyah. A man from the Companions of the Prophet (saws) belonging to Banu Sulaym was our ruler. He was called Ma'an ibn Yazid. I brought it to him. He apportioned it among the Muslims. He gave me the same portion which he gave to one of them. He then said: Had I not heard the Messenger of Allah (saws) say: There is no reward except after taking the fifth (from the booty), I would have given you (the reward). He then presented his own share to me, but I refused.

Aisha the wife of the Prophet, said, "Allah's Apostle used to examine the believing women who migrated to him in accordance with this Verse: 'O Prophet! When believing women come to you to take the oath of allegiance to you... Verily! Allah is Oft-Forgiving Most Merciful.' (60.12) `Aisha said, "And if any of the believing women accepted the condition (assigned in the above-mentioned Verse), Allah's Apostle would say to her. "I have accepted your pledge of allegiance." "He would only say that, for, by Allah, his hand never touched, any lady during that pledge of allegiance. He did not receive their pledge except by saying, "I have accepted your pledge of allegiance for that."

that he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle . `Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."

Hind bint `Utba bin Rabi`a said, "O Allah 's Apostle! (Before I embraced Islam), there was no family on the surface of the earth, I wish to have degraded more than I did your family. But today there is no family whom I wish to have honored more than I did yours." Allah's Apostle said, "I thought similarly, by Him in Whose Hand Muhammad's soul is!" Hind said, "O Allah's Apostle! (My husband) Abu Sufyan is a miser. Is it sinful of me to feed my children from his property?" The Prophet said, "No, unless you take it for your needs what is just and reasonable."

An army unit was being recruited from the people of Medina and my name was written among them. Then I met `Ikrima, and when I informed him about it, he discouraged me very strongly and said, "Ibn `Abbas told me that there were some Muslims who were with the pagans to increase their number against Allah's Apostle (and the Muslim army) so arrows (from the Muslim army) would hit one of them and kill him or a Muslim would strike him (with his sword) and kill him. So Allah revealed:-- 'Verily! As for those whom the angels take (in death) while they are wronging themselves (by staying among the disbelievers).' (4.97)

A man asked Allah's Apostle about the Luqata. He said, "Make public announcement of it for one year, then remember the description of its container and the string it is tied with, utilize the money, and if its owner comes back after that, give it to him." The people asked, "O Allah's Apostle! What about a lost sheep?" Allah's Apostle said, "Take it, for it is for you, for your brother, or for the wolf." The man asked, "O Allah's Apostle! What about a lost camel?" Allah's Apostle got angry and his cheeks or face became red, and said, "You have no concern with it as it has its feet, and its watercontainer, till its owner finds it."

By chance I went to the Prophet at noon while he was at Al-Abtah (resting) in a tent. Bilal came out (of the tent) and pronounced the Adhan for the prayer, and entering again, he brought out the water which was left after Allah's Apostle had performed the ablution. The people rushed to take some of the water. Bilal again went in and brought out a spear-headed stick, and then Allah's Apostle came out. As if I were now looking at the whiteness of his leg. Bilal fixed the stick and the Prophet offered a two-rak`at Zuhr prayer and a two-rak`at `Asr prayer, while women and donkeys were passing in front of the Prophet (beyond the stick) .

The collector used to visit the water-hole when the sheep went there and say: Pay the sadaqah (zakat) on your property. The narrator said: A man wanted to give him his high-humped camel (kawma'). The narrator (Hilal) asked: What is kawma', AbuSalih? He said: A camel a high hump.

The narrator continued: He (the collector) refused to accept it. He said: I wish you could take the best of my camels. He refused to accept it. He then brought another camel lower in quality than the previous one. He refused to accept it too. He then brought another camel lower in quality than the previous one. He accepted it, saying: I shall take it, but I am afraid the Messenger of Allah (saws) might be angry with me, saying to me: You have purposely taken from a man a camel of your choice.

Abu Dawud said: This tradition has also been narrated by Hushaim from Hilal bin Khabbab to the same effect. But he said: Those which are in one flock are not to be separated.

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."