Allah's Apostle, the truthful and truly-inspired, said, "Each one of you collected in the womb of his mother for forty days, and then turns into a clot for an equal period (of forty days) and turns into a piece of flesh for a similar period (of forty days) and then Allah sends an angel and orders him to write four things, i.e., his provision, his age, and whether he will be of the wretched or the blessed (in the Hereafter). Then the soul is breathed into him. And by Allah, a person among you (or a man) may do deeds of the people of the Fire till there is only a cubit or an arm-breadth distance between him and the Fire, but then that writing (which Allah has ordered the angel to write) precedes, and he does the deeds of the people of Paradise and enters it; and a man may do the deeds of the people of Paradise till there is only a cubit or two between him and Paradise, and then that writing precedes and he does the deeds of the people of the Fire and enters it."

Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.

Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.

Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."

Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."

'A'isha, the wife of the Apostle of Allah (may peace be upon him), said that between the time when the Messenger of Allah (may peace be upon him) finished the 'Isha' prayer which is called 'Atama by the people, he used to pray eleven rak'ahs, uttering the salutation at the end of every two rak'ahs, and observing the Witr with a single one. And when the Mu'adhdhin had finished the call (for the) dawn prayer and he saw the dawn clearly and the Mu'adhdhin had come to him, he stood up and prayed two short rak'ahs. Then he lay down on his right side till the Mu'adhdhin came to him for lqama. (This hadith has been narrated with the same chain of transmitters by Ibn Shihab, but in it no mention has been made of Iqama )

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

This hadith has been narrated on the authority of Sulaiman Taimi with the same chain of transmitters and, at the end, it was said that the first Adhan was meant to awaken those who were in slumber amongst them and in order to make them turn who stand in (prayer) among them (towards food at the commencement of the fast). Jarir (one of the narrators) said that the Messenger (may peace be upon him) did not say like this but he said like it (true dawn) that the streaks of (true dawn ) are horizontal and not vertical.

The Prophet was asked by a man who said, "I have done the Rami in the evening." The Prophet replied, "There is no harm in it." Another man asked, "I had my head shaved before the slaughtering." The Prophet replied, "There is no harm in it."

Ubaidullah bin `Abdullah told me that `Aisha had said, "When the Prophet became sick and his condition became serious, he requested his wives to allow him to be treated in my house, and they allowed him. He came out leaning on two men while his feet were dragging on the ground. He was walking between Al-`Abbas and another man." 'Ubaidullah said, "When I informed Ibn `Abbas of what `Aisha had said, he asked me whether I knew who was the second man whom `Aisha had not named. I replied in the negative. He said, 'He was `Ali bin Abi Talib."

Abu Dawud said: The narrator Mufaddal was the judge of Egypt. His supplication was accepted by Allah; he was the son of Fudalah.

Bashair b. Yasir reported on the authority of some of the Companions of Allah's Messenger (may peace be upon him) among the members of his family among whom one was Sahl b. Abu Hathma that Allah's Messenger (may peace be upon him) forbade buying of fresh dates against dry dates and that it is Riba and this is Muzabana, but he made an exemption of 'ariyya (donations) of a tree or two in which case the members of a family sell dry dates and buy fresh dates for eating them.

A man said, "O Allah's Apostle! Inform me of a deed which will make me enter Paradise." The people said, "What is the matter with him? What is the matter with him?" Allah's Apostle said, "He has something to ask (what he needs greatly)." The Prophet said (to him), (In order to enter Paradise) you should worship Allah and join none in worship with Him: You should offer prayers perfectly, give obligatory charity (Zakat), and keep good relations with your Kith and kin." He then said, "Leave it!" (The sub-narrator said, "It seems that the Prophet was riding his she camel."

It has been narrated on the authority of Anas that the Prophet of Allah (may peace be upon him) wrote to Chosroes (King of Persia), Caesar (Emperor of Rome), Negus (King of Abyssinia) and every (other) despot inviting them to Allah, the Exalted. And this Negus was not the one for whom the Messenger of Allah (may peace be upon him) had said the funeral prayers.

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

It has been related by, Yazid b. al-Asamm that he heard Mu'awiya b. Abu Sfyan quote a tradition from the Holy Prophet (may peace be upon him) which he related from the Prophet (mail peace he upon him) -and he did not hear him quote from the Holy Prophet (masy peace be upon him) any tradition other than this in the course of his sermon from the pulpit-that whom Allah wants to do a favour, He grants him an understanding of religion. A group of people from the Muslims will remain on the Right Path and continue until the Day of Judgment to triumph over those who oppose them.

Yahya related to me from Malik from Amir ibn Abdullah ibn az- Zubayr from Amr ibn Sulaymaz-Zuraqi from Abu Qatadaal-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you enter the mosque, you should pray two rakas before you sit down."

Abdullah b. Umar (Allah be pleased with them) reported that the day of 'Ashura was mentioned before the Apostle of Allah (may peace be upon him) and he narrated a hadith like one (narrated above).

Once I went to him (the Prophet ) and he said, "By Allah in Whose Hands my life is (or probably said, 'By Allah, except Whom none has the right to be worshipped) whoever had camels or cows or sheep and did not pay their Zakat, those animals will be brought on the Day of Resurrection far bigger and fatter than before and they will tread him under their hooves, and will butt him with their horns, and (those animals will come in circle): When the last does its turn, the first will start again, and this punishment will go on till Allah has finished the judgments amongst the people."

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

Jumay' ibn Umayr, one of the sons of Banu Taym Allah ibn Tha'labah, said: Accompanied by my mother and aunt I entered upon Aisha. One of them asked her: How did you do while taking a bath? Aisha replied: The Messenger of Allah (saws) performed ablution (in the beginning) as he did for prayer. He then poured (water) upon his head three times. But we poured water upon our heads five times due to plaits.

Ibn `Umar never used to take his meal unless a poor man was called to eat with him. One day I brought a poor man to eat with him, the man ate too much, whereupon Ibn `Umar said, "O Nafi`! Don't let this man enter my house, for I heard the Prophet saying, "A believer eats in one intestine (is satisfied with a little food), and a kafir (unbeliever) eats in seven intestines (eats much food).

On the authority of his father (Sa'd) and his grandfather (Dumayrah) (according to Musa's version) who were present in the battle of Hunayn with the Messenger of Allah (saws): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja'.

That was the first blood-money decided by the Messenger of Allah (saws) (for payment). Uyaynah spoke about the killing of al-Ashja'i, for he belonged to Ghatafan, and al-Aqra' ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew.

So the Messenger of Allah (saws) said: Do you not accept blood-money, Uyaynah?

Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew.

The Messenger of Allah (saws) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand.

He said: I do not find in the beginning of Islam any illustration for what he has done except the one that "some sheep came on, and those in the front were shot; hence those in the rear ran away". (The other example is that) "make a law today and change it."

The Messenger of Allah (saws) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Messenger of Allah (saws), with his eyes flowing.

He said: Messenger of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah's forgiveness for me. Messenger of Allah!

The Messenger of Allah (saws) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly.

AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment.

Ibn Ishaq said: His people alleged that the Messenger of Allah (saws) asked forgiveness for him after that.

Abu Dawud said: Al-Nadr b. Shumail said: al-ghiyar means blood-wit.

AbulHaytham ibn at-Tayhan prepared food for the Messenger of Allah (saws), and he invited the Prophet (saws) and his Companions. When they finished (food), the said: If some people enter the house of a man, his food is eaten and his drink is drunk, and they supplicate (to Allah) for him, this is his reward.