Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali.

Az-Zubair quarrelled with a man from the Ansar because of a natural mountainous stream at Al-Harra. The Prophet said "O Zubair! Irrigate (your lands and the let the water flow to your neighbor The Ansar said, "O Allah's Apostle (This is because) he (Zubair) is your cousin?" At that, the Prophet's face became red (with anger) and he said "O Zubair! Irrigate (your land) and then withhold the water till it fills the land up to the walls and then let it flow to your neighbor." So the Prophet enabled Az- Zubair to take his full right after the Ansari provoked his anger. The Prophet had previously given a order that was in favor of both of them Az-Zubair said, "I don't think but the Verse was revealed in this connection: "But no, by your Lord, they can have no faith, until they make you judge in all disputes between them." (4.65)

A man from the Jews, having been slapped on his face, came to the Prophet and said, "O Muhammad! A man from your companions from the Ansar has slapped me on my face!" The Prophet said, "Call him." When they called him, the Prophet said, "Why did you slap him?" He said, "O Allah's Apostle! While I was passing by the Jews, I heard him saying, 'By Him Who selected Moses above the human beings,' I said, 'Even above Muhammad?' I became furious and slapped him on the face." The Prophet said, "Do not give me superiority over the other prophets, for on the Day of Resurrection the people will become unconscious and I will be the first to regain consciousness. Then I will see Moses holding one of the legs of the Throne. I will not know whether he has come to his senses before me or that the shock he had received at the Mountain, (during his worldly life) was sufficient for him."

The Prophet said, "Paradise and the Fire (Hell) argued, and the Fire (Hell) said, "I have been given the privilege of receiving the arrogant and the tyrants.' Paradise said, 'What is the matter with me? Why do only the weak and the humble among the people enter me?' On that, Allah said to Paradise. 'You are My Mercy which I bestow on whoever I wish of my servants.' Then Allah said to the (Hell) Fire, 'You are my (means of) punishment by which I punish whoever I wish of my slaves. And each of you will have its fill.' As for the Fire (Hell), it will not be filled till Allah puts His Foot over it whereupon it will say, 'Qati! Qati!' At that time it will be filled, and its different parts will come closer to each other; and Allah will not wrong any of His created beings. As regards Paradise, Allah will create a new creation to fill it with."

I said, "O Allah's Apostle! Marry my sister, the daughter of Abu Sufyan." He said, "Do you like that?" I said, "Yes, for even now I am not your only wife; and the most beloved person to share the good with me is my sister." The Prophet said, "But that is not lawful for me (i.e., to be married to two sisters at a time.)" I said, "O Allah's Apostle! By Allah, we have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "By Allah ! Even if she were not my stepdaughter, she would not be lawful for me to marry, for she is my foster niece, for Thuwaiba has suckled me and Abu Salama; so you should neither present your daughters, nor your sisters to me."

I came to the Prophet and said, "O Allah's Apostle! We are living in the land of the people of the Scripture, and we take our meals in their utensils, and there is game in that land and I hunt with my bow and with my trained hound and with my untrained hound." The Prophet said, "As for your saying that you are in the land of people of the Scripture, you should not eat in their utensils unless you find no alternative, in which case you must wash the utensils and then eat in them As for your saying that you are in the land of game, if you hunt something with your bow, mention Allah's Name (while hunting the game) and eat; and if you hunt something with your trained hound, mention Allah's Name on sending and eat; and if you hunt something with your untrained hound and get it alive, slaughter it and you can eat of it."

A Jew whose face had been slapped (by someone), came to the Prophet and said, "O Muhammad! A man from your Ansari companions slapped me. " The Prophet said, "Call him". They called him and the Prophet asked him, "Why did you slap his face?" He said, "O Allah's Apostle! While I was passing by the Jews, I heard him saying, 'By Him Who chose Moses above all the human beings.' I said (protestingly), 'Even above Muhammad?' So I became furious and slapped him." The Prophet said, "Do not give me preference to other prophets, for the people will become unconscious on the Day of Resurrection and I will be the first to gain conscious, and behold, I will Find Moses holding one of the pillars of the Throne (of Allah). Then I will not know whether he has become conscious before me or he has been exempted because of his unconsciousness at the mountain (during his worldly life) which he received."

One day Allah's Apostle narrated to us a long narration about Ad-Dajjal and among the things he narrated to us, was: "Ad-Dajjal will come, and he will be forbidden to enter the mountain passes of Medina. He will encamp in one of the salt areas neighboring Medina and there will appear to him a man who will be the best or one of the best of the people. He will say 'I testify that you are Ad-Dajjal whose story Allah's Apostle has told us.' Ad-Dajjal will say (to his audience), 'Look, if I kill this man and then give him life, will you have any doubt about my claim?' They will reply, 'No,' Then Ad- Dajjal will kill that man and then will make him alive. The man will say, 'By Allah, now I recognize you more than ever!' Ad-Dajjal will then try to kill him (again) but he will not be given the power to do so."

`Aisha said, "We set out with the Prophet in his last Hajj. Some of us intended to perform `Umra while others Hajj. When we reached Mecca, Allah's Apostle said, 'Those who had assumed the lhram for `Umra and had not brought the Hadi should finish his lhram and whoever had assumed the Ihram for `Umra and brought the Hadi should not finish the Ihram till he has slaughtered his Hadi and whoever had assumed the lhram for Hajj should complete his Hajj." `Aisha further said, "I got my periods (menses) and kept on menstruating till the day of `Arafat, and I had assumed the Ihram for `Umra only (Tamattu`). The Prophet ordered me to undo and comb my head hair and assume the lhram for Hajj only and leave the `Umra. I did the same till I completed the Hajj. Then the Prophet sent `Abdur Rahman bin Abi Bakr with me and ordered me to perform `Umra from at-Tan`im in lieu of the missed `Umra."

Allah's Apostle came out as the sun declined at midday and offered the Zuhr prayer. He then stood on the pulpit and spoke about the Hour (Day of Judgment) and said that in it there would be tremendous things. He then said, "Whoever likes to ask me about anything he can do so and I shall reply as long as I am at this place of mine. Most of the people wept and the Prophet said repeatedly, "Ask me." `Abdullah bin Hudhafa As-Sahmi stood up and said, "Who is my father?" The Prophet said, "Your father is Hudhafa." The Prophet repeatedly said, "Ask me." Then `Umar knelt before him and said, "We are pleased with Allah as our Lord, Islam as our religion, and Muhammad as our Prophet." The Prophet then became quiet and said, "Paradise and Hell-fire were displayed in front of me on this wall just now and I have never seen a better thing (than the former) and a worse thing (than the latter).

Allah's Apostle used to practice I`tikaf every year in the month of Ramadan. And after offering the morning prayer, he used to enter the place of his I`tikaf. `Aisha asked his permission to let her practice I`tikaf and he allowed her, and so she pitched a tent in the mosque. When Hafsa heard of that, she also pitched a tent (for herself), and when Zainab heard of that, she too pitched another tent. When, in the morning, Allah's Apostle had finished the morning prayer, he saw four tents and asked, "What is this?" He was informed about it. He then said, "What made them do this? Is it righteousness? Remove the tents, for I do not want to see them." So, the tents were removed. The Prophet did not perform I`tikaf that year in the month of Ramadan, but did it in the last ten days of Shawwal.

While Allah's Apostle was sitting, a Jew came and said, "O Abul Qasim! One of your companions has slapped me on my face." The Prophet asked who that was. He replied that he was one of the Ansar. The Prophet sent for him, and on his arrival, he asked him whether he had beaten the Jew. He (replied in the affirmative and) said, "I heard him taking an oath in the market saying, 'By Him Who gave Moses superiority over all the human beings.' I said, 'O wicked man! (Has Allah given Moses superiority) even over Muhammad I became furious and slapped him over his face." The Prophet said, "Do not give a prophet superiority over another, for on the Day of Resurrection all the people will fall unconscious and I will be the first to emerge from the earth, and will see Moses standing and holding one of the legs of the Throne. I will not know whether Moses has fallen unconscious or the first unconsciousness was sufficient for him."

A Muslim and a Jew quarreled. The Muslim taking an oath, said, "By Him Who has preferred Muhammad over all people...!" The Jew said, "By Him Who has preferred Moses, over all people." The Muslim raised his hand and slapped the Jew who came to the Prophet to tell him what had happened between him and the Muslim. The Prophet said, "Don't give me superiority over Moses, for the people will become unconscious (on the Day of Resurrection) and I will be the first to gain consciousness to see Moses standing and holding a side of Allah's Throne. I will not know if he has been among those people who have become unconscious; and that he has gained consciousness before me, or he has been amongst those whom Allah has exempted."

I asked Rafi' b. Khadij about the lease of land for gold and silver (i.e. for dinars and dirhams). There is no harm in it, for the people used to let out land in the time of the Messenger of Allah (saws) for what grew by the current of water and at the banks of streamlets and at the places of cultivation. So sometimes this (portion) perished and that (portion) was saved, and sometimes this remained intact and that perished. There was no (form of) lease among the people except this. Therefore, he forbade it. But if there is something which is secure and known, then there is no harm in it. The tradition of Ibrahim is more perfect. Qutaibah said: "from Hanzalah on the authority of Rafi' ".

Abu Dawud said: A similar tradition has been transmitted by Yahya b. Sa'id from Hanzalah.

I heard Ka`b bin Malik who was one of the three who were forgiven, saying that he had never remained behind Allah's Apostle in any Ghazwa which he had fought except two Ghazwat Ghazwat- Al-`Usra (Tabuk) and Ghazwat-Badr. He added. "I decided to tell the truth to Allah's Apostle in the forenoon, and scarcely did he return from a journey he made, except in the forenoon, he would go first to the mosque and offer a two-rak`at prayer. The Prophet forbade others to speak to me or to my two companions, but he did not prohibit speaking to any of those who had remained behind excepting us. So the people avoided speaking to us, and I stayed in that state till I could no longer bear it, and the only thing that worried me was that I might die and the Prophet would not offer the funeral prayer for me, or Allah's Apostle might die and I would be left in that social status among the people that nobody would speak to me or offer the funeral prayer for me. But Allah revealed His Forgiveness for us to the Prophet in the last third of the night while Allah's Apostle was with Um Salama. Um Salama sympathized with me and helped me in my disaster. Allah's Apostle said, 'O Um Salama! Ka`b has been forgiven!' She said, 'Shall I send someone to him to give him the good tidings?' He said, 'If you did so, the people would not let you sleep the rest of the night.' So when the Prophet had offered the Fajr prayer, he announced Allah's Forgiveness for us. His face used to look as bright as a piece of the (full) moon whenever he was pleased. When Allah revealed His Forgiveness for us, we were the three whose case had been deferred while the excuse presented by those who had apologized had been accepted. But when there were mentioned those who had told the Prophet lies and remained behind (the battle of Tabuk) and had given false excuses, they were described with the worse description one may be described with. Allah said: 'They will present their excuses to you (Muslims) when you return to them. Say: Present no excuses; we shall not believe you. Allah has already informed us of the true state of matters concerning you. Allah and His Apostle will observe your actions." (9.94)

The Prophet appointed `Abdullah bin Jubair as the commander of the infantry men (archers) who were fifty on the day (of the battle) of Uhud. He instructed them, "Stick to your place, and don't leave it even if you see birds snatching us, till I send for you; and if you see that we have defeated the infidels and made them flee, even then you should not leave your place till I send for you." Then the infidels were defeated. By Allah, I saw the women fleeing lifting up their clothes revealing their leg-bangles and their legs. So, the companions of `Abdullah bin Jubair said, "The booty! O people, the booty ! Your companions have become victorious, what are you waiting for now?" `Abdullah bin Jubair said, "Have you forgotten what Allah's Apostle said to you?" They replied, "By Allah! We will go to the people (i.e. the enemy) and collect our share from the war booty." But when they went to them, they were forced to turn back defeated. At that time Allah's Apostle in their rear was calling them back. Only twelve men remained with the Prophet and the infidels martyred seventy men from us. On the day (of the battle) of Badr, the Prophet and his companions had caused the 'Pagans to lose 140 men, seventy of whom were captured and seventy were killed. Then Abu Sufyan asked thrice, "Is Muhammad present amongst these people?" The Prophet ordered his companions not to answer him. Then he asked thrice, "Is the son of Abu Quhafa present amongst these people?" He asked again thrice, "Is the son of Al-Khattab present amongst these people?" He then returned to his companions and said, "As for these (men), they have been killed." `Umar could not control himself and said (to Abu Sufyan), "You told a lie, by Allah! O enemy of Allah! All those you have mentioned are alive, and the thing which will make you unhappy is still there." Abu Sufyan said, "Our victory today is a counterbalance to yours in the battle of Badr, and in war (the victory) is always undecided and is shared in turns by the belligerents, and you will find some of your (killed) men mutilated, but I did not urge my men to do so, yet I do not feel sorry for their deed" After that he started reciting cheerfully, "O Hubal, be high! (1) On that the Prophet said (to his companions), "Why don't you answer him back?" They said, "O Allah's Apostle What shall we say?" He said, "Say, Allah is Higher and more Sublime." (Then) Abu Sufyan said, "We have the (idol) Al `Uzza, ...

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

The Quraysh sent me to the Messenger of Allah (saws), and when I saw the Messenger of Allah (saws), Islam was cast into my heart, so I said: Messenger of Allah, I swear by Allah, I shall never return to them. The Messenger of Allah (saws) replied: I do not break a covenant or imprison messengers, but return, and if you feel the same as you do just now, come back. So I went away, and then came to the Prophet (saws) and accepted Islam.

The narrator Bukair said: He informed me that Abu Rafi' was a Copt.

Abu Dawud said: This was valid in those days, but today it is not valid.

The Messenger of Allah (saws) said: The first defect that permeated Banu Isra'il was that a man (of them) met another man and said: O so-and-so, fear Allah, and abandon what you are doing, for it is not lawful for you. He then met him the next day and that did not prevent him from eating with him, drinking with him and sitting with him. When they did so. Allah mingled their hearts with each other.

He then recited the verse: "curses were pronounced on those among the children of Isra'il who rejected Faith, by the tongue of David and of Jesus the son of Mary"...up to "wrongdoers".

He then said: By no means, I swear by Allah, you must enjoin what is good and prohibit what is evil, prevent the wrongdoer, bend him into conformity with what is right, and restrict him to what is right.

(the wife of the Prophet) I said, "O Allah's Apostle! Will you marry my sister, the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I said, "Yes, for I am not your only wife, and the person I like most to share the good with me, is my sister." He said, "That is not lawful for me." I said, "O Allah's Apostle! We have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she is unlawful for me, for she is my foster niece. Thuwaiba suckled me and Abu Salama. So you should not present to me your daughters and sisters." Narrated 'Urwa: Thuwaiba had been a slave girl whom Abu Lahab had emancipated.

Two men, a Muslim and a Jew, abused each other. The Muslim said, "By Him Who gave superiority to Muhammad over all the people." On that, the Jew said, "By Him Who gave superiority to Moses over all the people." The Muslim became furious at that and slapped the Jew in the face. The Jew went to Allah's Apostle and informed him of what had happened between him and the Muslim. Allah's Apostle said, "Don't give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection and I will be the first to gain consciousness, and behold ! Moses will be there holding the side of Allah's Throne. I will not know whether Moses has been among those people who have become unconscious and then has regained consciousness before me, or has been among those exempted by Allah from falling unconscious."

The Prophet used to stay (for a period) in the house of Zainab bint Jahsh (one of the wives of the Prophet ) and he used to drink honey in her house. Hafsa and I decided that when the Prophet entered upon either of us, she would say, "I smell in you the bad smell of Maghafir (a bad smelling raisin). Have you eaten Maghafir?" When he entered upon one of us, she said that to him. He replied (to her), "No, but I have drunk honey in the house of Zainab bint Jahsh, and I will never drink it again." Then the following verse was revealed: 'O Prophet ! Why do you ban (for you) that which Allah has made lawful for you?. ..(up to) If you two (wives of the Prophet turn in repentance to Allah.' (66.1-4) The two were `Aisha and Hafsa And also the Statement of Allah: 'And (Remember) when the Prophet disclosed a matter in confidence to one of his wives!' (66.3) i.e., his saying, "But I have drunk honey." Hisham said: It also meant his saying, "I will not drink anymore, and I have taken an oath, so do not inform anybody of that."

Allah's Apostle said, "On the Day of Resurrection the Kanz (Treasure or wealth of which, Zakat has not been paid) of anyone of you will appear in the shape of a huge bald headed poisonous male snake and its owner will run away from it, but it will follow him and say, 'I am your Kanz.'" The Prophet added, "By Allah, that snake will keep on following him until he stretches out his hand and let the snake swallow it." Allah's Apostle added, "If the owner of camels does not pay their Zakat, then, on the Day of Resurrection those camels will come to him and will strike his face with their hooves." Some people said: Concerning a man who has camels, and is afraid that Zakat will be due so he sells those camels for similar camels or for sheep or cows or money one day before Zakat becomes due in order to avoid payment of their Zakat cunningly! "He has not to pay anything." The same scholar said, "If one pays Zakat of his camels one day or one year prior to the end of the year (by the end of which Zakat becomes due), his Zakat will be valid."

The Prophet said, "Whoever has eaten garlic or onion, should keep away from us, or should keep away from our mosque and should stay at home." Ibn Wahb said, "Once a plate full of cooked vegetables was brought to the Prophet at Badr. Detecting a bad smell from it, he asked about the dish and was informed of the kinds of vegetables in contained. He then said, "Bring it near," and so it was brought near to one of his companions who was with him. When the Prophet saw it, he disliked eating it and said (to his companion), "Eat, for I talk in secret to ones whom you do not talk to."

Yahya related to me from Malik that Abu'z-Zubayr al-Makki said, "I saw the House deserted both after subh and asr, with no-one doing tawaf."

Malik said, "If someone does some of his circuits and then the subh or asr prayer is begun, he should pray with the imam and then complete the rest of his circuits but should not pray at all until the sun has either risen or set "

He added, "There is no harm in delaying the two rakas until after he has prayed maghrib."

Malik said, "There is no harm in someone doing a single tawaf after subh or after asr, not to do more than one group of seven circuits, and then as long as he delays the two rakas until after the sun has risen, as Umar ibn al-Khattab did, or he delays them until after the sun has set if it is after asr. Then when the sun has set he can pray them if he wants, or, if he wants, he can delay them until after he has prayed maghrib. There is no harm in that."

The Prophet said, "Whoever eats garlic or onion should keep away from our mosque or should remain in his house." (Jabir bin `Abdullah, in another narration said, "Once a big pot containing cooked vegetables was brought. On finding unpleasant smell coming from it, the Prophet asked, 'What is in it?' He was told all the names of the vegetables that were in it. The Prophet ordered that it should be brought near to some of his companions who were with him. When the Prophet saw it he disliked to eat it and said, 'Eat. (I don't eat) for I converse with those whom you don't converse with (i.e. the angels).