Yahya related that Malik heard al-Ala ibn Abd ar-Rahman say, "Sadaqa does not decrease property, and Allah only increases a slave in worth for his restraint, and no slave is humble but that Allah raises him."

Malik said, "I do not know whether this hadith goes back to the Prophet, may Allah bless him and grant him peace, or not."

The people say that Abu Huraira narrates too many narrations. In fact Allah knows whether I say the truth or not. They also ask, "Why do the emigrants and the Ansar not narrate as he does?" In fact, my emigrant brethren were busy trading in the markets, and my Ansar brethren were busy with their properties. I was a poor man keeping the company of Allah's Apostle and was satisfied with what filled my stomach. So, I used to be present while they (i.e. the emigrants and the Ansar) were absent, and I used to remember while they forgot (the Hadith). One day the Prophet said, "Whoever spreads his sheet till I finish this statement of mine and then gathers it on his chest, will never forget anything of my statement." So, I spread my covering sheet which was the only garment I had, till the Prophet finished his statement and then I gathered it over my chest. By Him Who had sent him (i.e. Allah's Apostle) with the truth, since then I did not forget even a single word of that statement of his, until this day of mine. By Allah, but for two verses in Allah's Book, I would never have related any narration (from the Prophet). (These two verses are): "Verily! Those who conceal the clear signs and the guidance which we have sent down .....(up to) the Merciful.' (2.159-160)

Allah's Apostle ascended the pulpit and said, "Nothing worries me as to what will happen to you after me, except the temptation of worldly blessings which will be conferred on you." Then he mentioned the worldly pleasures. He started with the one (i.e. the blessings) and took up the other (i.e. the pleasures). A man got up saying, "O Allah's Apostle! Can the good bring about evil?" The Prophet remained silent and we thought that he was being inspired divinely, so all the people kept silent with awe. Then the Prophet wiped the sweat off his face and asked, "Where is the present questioner?" "Do you think wealth is good?" he repeated thrice, adding, "No doubt, good produces nothing but good. Indeed it is like what grows on the banks of a stream which either kills or nearly kills the grazing animals because of gluttony except the vegetation-eating animal which eats till both its flanks are full (i.e. till it gets satisfied) and then stands in the sun and defecates and urinates and again starts grazing. This worldly property is sweet vegetation. How excellent the wealth of the Muslim is, if it is collected through legal means and is spent in Allah's Cause and on orphans, poor people and travelers. But he who does not take it legally is like an eater who is never satisfied and his wealth will be a witness against him on the Day of Resurrection."

Once `Umar bin Al-Khattab said, said, "Who amongst you remembers the statement of Allah's Apostle regarding the afflictions?" Hudhaifa replied, "I remember what he said exactly." `Umar said. "Tell (us), you are really a daring man!'' Hudhaifa said, "Allah's Apostle said, 'A man's afflictions (i.e. wrong deeds) concerning his relation to his family, his property and his neighbors are expiated by his prayers, giving in charity and enjoining what is good and forbidding what is evil.' " `Umar said, "I don't mean these afflictions but the afflictions that will be heaving up and down like waves of the sea." Hudhaifa replied, "O chief of the believers! You need not fear those (afflictions) as there is a closed door between you and them." `Umar asked, "Will that door be opened or broken?" Hudhaifa replied, "No, it will be broken." `Umar said, "Then it is very likely that the door will not be closed again." Later on the people asked Hudhaifa, "Did `Umar know what that door meant?" He said. "Yes, `Umar knew it as everyone knows that there will be night before the tomorrow morning. I narrated to `Umar an authentic narration, not lies." We dared not ask Hudhaifa; therefore we requested Masruq who asked him, "What does the door stand for?" He said, "`Umar."

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

Allah's Apostle said, "An animal should not be milked without the permission of its owner. Does any of you like that somebody comes to his store and breaks his container and takes away his food? The udders of the animals are the stores of their owners where their provision is kept, so nobody should milk the animals of somebody else, without the permission of its owner."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man makes a vow to abstain from intercourse with his wife and four months have passed he must declare his intent and either he is divorced or he revokes his vow. Divorce does not occur until four months have passed and he continues to abstain."

The Prophet (saws) said: If anyone seeks protection in Allah's name, grant him protection; if anyone begs in Allah's name, give him something; if anyone gives you an invitation, accept it; and if anyone does you a kindness, recompense him; but if you have not the means to do so, pray for him until you feel that you have compensated him.

Abu dawud said: No one except Ma’mar has narrated the words “that I have come out”. And the version transmitted by Ibn ‘Uyainah from Ma’mar does not mention the words “that I have come out”.

The Messenger of Allah (saws) as saying: If anyone does not abandon falsehood and action is accordance with it, Allah has no need that he should abandon his food and drink.

The narrator Ahmad (b. Yunus) said: I learnt the chain of narrators from Ibn Abi Dhi'b, and a man by his side made me understand the tradition. I think he was his cousin.

That he was sitting behind `Umar bin `Abdul `Aziz and the people mentioned and mentioned (about at-Qasama) and they said (various things), and said that the Caliphs had permitted it. `Umar bin `Abdul `Aziz turned towards Abu Qilaba who was behind him and said. "What do you say, O `Abdullah bin Zaid?" or said, "What do you say, O Abu Qilaba?" Abu Qilaba said, "I do not know that killing a person is lawful in Islam except in three cases: a married person committing illegal sexual intercourse, one who has murdered somebody unlawfully, or one who wages war against Allah and His Apostle." 'Anbasa said, "Anas narrated to us such-and-such." Abu Qilaba said, "Anas narrated to me in this concern, saying, some people came to the Prophet and they spoke to him saying, 'The climate of this land does not suit us.' The Prophet said, 'These are camels belonging to us, and they are to be taken out to the pasture. So take them out and drink of their milk and urine.' So they took them and set out and drank of their urine and milk, and having recovered, they attacked the shepherd, killed him and drove away the camels.' Why should there be any delay in punishing them as they murdered (a person) and waged war against Allah and His Apostle and frightened Allah's Apostle ?" Anbasa said, "I testify the uniqueness of Allah!" Abu Qilaba said, "Do you suspect me?" 'Anbasa said, "No, Anas narrated that (Hadith) to us." Then 'Anbasa added, "O the people of such-and-such (country), you will remain in good state as long as Allah keeps this (man) and the like of this (man) amongst you."

`Abdullah bin Mas`ud said, "While Allah's Apostle was praying beside the Ka`ba, there were some Quraish people sitting in a gathering. One of them said, 'Don't you see this (who does deeds just to show off)? Who amongst you can go and bring the dung, blood and the Abdominal contents (intestines, etc.) of the slaughtered camels of the family of so and so and then wait till he prostrates and put that in between his shoulders?' The most unfortunate amongst them (`Uqba bin Abi Mu'ait) went (and brought them) and when Allah's Apostle prostrated, he put them between his shoulders. The Prophet remained in prostration and they laughed so much so that they fell on each other. A passerby went to Fatima, who was a young girl in those days. She came running and the Prophet was still in prostration. She removed them and cursed upon the Quraish on their faces. When Allah's Apostle completed his prayer, he said, 'O Allah! Take revenge on Quraish.' He said so thrice and added, 'O Allah! take revenge on `Amr bin Hisham, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, `Uqba bin Abi Mu'ait and `Umar a bin Al-Walid." `Abdullah added, "By Allah! I saw all of them dead in the battle field on the day of Badr and they were dragged and thrown in the Qalib (a well) at Badr: Allah's Apostle then said, 'Allah's curse has descended upon the people of the Qalib (well).

The Prophet said, "A horse may be kept for one of three purposes: for a man it may be a source of reward; for another it may be a means of living; and for a third it may be a burden (a source of committing sins). As for the one for whom it is a source of reward, he is the one who keeps his horse for the sake of Jihad in Allah's Cause; he ties it with a long rope on a pasture or in a garden. So whatever its rope allows it to eat, will be regarded as good rewardable deeds (for its owner). And if it breaks off its rope and jumps over one or two hillocks, even its dung will be considered amongst his good deeds. And if it passes by a river and drinks water from it, that will be considered as good deeds for his benefit) even if he has had no intention of watering it. A horse is a shelter for the one who keeps it so that he may earn his living honestly and takes it as a refuge to keep him from following illegal ways (of gaining money), and does not forget the rights of Allah (i.e. paying the Zakat and allowing others to use it for Allah's Sake). But a horse is a burden (and a source of committing sins for him who keeps it out of pride and pretense and with the intention of harming the Muslims." The Prophet was asked about donkeys. He replied, "Nothing has been revealed to be concerning them except this comprehensive Verse (which covers everything) :--'Then whosoever has done good equal to the weight of an atom (or a small ant), Shall see it (its reward) And whosoever has done evil equal to the weight of an atom (or a small ) ant), Shall see it (Its punishment)." (99.7-8)

Sa'id ibn al-Musayyab said: An Ansari was breathing his last. He said: I narrate to you a tradition, and I narrate it with the intention of getting a reward from Allah.

I heard the Messenger of Allah (saws) say: If any one of you performs ablution and performs it very well, and goes out for prayer, he does not take his right step but Allah records a good work (or blessing) for him, and he does not take his left step but Allah remits one sin from him. Any one of you may reside near the mosque or far from it; if he comes to the mosque and prays in congregation, he will be forgiven (by Allah).

If he comes to the mosque while the people had prayed in part, and the prayer remained in part, and he prays in congregation the part he joined, and completed the part he had missed, he will enjoy similarly (i.e. he will be forgiven). If he comes to the mosque when the people had finished prayer, he will enjoy the same.

A similar report (as above) was narrated from Ibn Abu Kabshah, from his father, from the Prophet (saw).

Yahya related to me from Malik from Talha ibn Abi al-Malik al- Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey Allah, let him not disobey Him."

Yahya said that he had heard Malik say, "The meaning of the statement of the Prophet, may Allah bless him and grant him peace, 'Whoever vows to disobey Allah, let him not disobey Him' is that for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, or any other such things which are not considered as ibada, is not under any obligation by any of that, even if he did speak to the man or did break whatever it was he swore, because Allah does not demand obedience in such things. He should only fulfill those things in which there is obedience to Allah."

22.5 Rashness in Oaths

The news of my daily fasting and praying every night throughout the night reached the Prophet. So he sent for me or I met him, and he said, "I have been informed that you fast everyday and pray every night (all the night). Fast (for some days) and give up fasting (for some days); pray and sleep, for your eyes have a right on you, and your body and your family (i.e. wife) have a right on you." I replied, "I have more power than that (fasting)." The Prophet said, "Then fast like the fasts of (the Prophet) David". I said, "How?" He replied, "He used to fast on alternate days, and he used not to flee on meeting the enemy." I said, "From where can I get that chance?" (`Ata' said, "I do not know how the expression of fasting daily throughout the life occurred.") So, the Prophet said, twice, "Whoever fasts daily throughout his life is just as the one who does not fast at all."

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

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

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

I heard that the people asked the Prophet of Allah (saws): Water is brought for you from the well of Buda'ah. It is a well in which dead dogs, menstrual clothes and excrement of people are thrown. The Messenger of Allah (saws) replied: Verily water is pure and is not defiled by anything.

Abu Dawud said I heard Qutaibah b. Sa'id say: I asked the person in charge of the well of Bud'ah about the depth of the well. He replied: At most the water reaches pubes. Then I asked: Where does it reach when its level goes down ? He replied: Below the private part of the body.

Abu Dawud said: I measured the breadth of the well of Buda'ah with my sheet which I stretched over it. I them measured it with the hand. It measured six cubits in breadth. I then asked the man who opened the door of garden for me and admitted me to it: Has the condition of this well changed from what it had originally been in the past ? He replied: No. I saw the color of water in this well had changed.

The Prophet (saws) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed.

Sufyan said: Al-Zuhri transmitted this tradition when Mansur b. al-Mu'tamir amd Mukhawwal b. Rashid were present with him. He said to them: Take this tradition as a present to the people of Iraq.

Abu Dawud said: This tradition has been transmitted by al-Sharid b. Suwaid, Sharahbil b. Aws, 'Abd Allah b. 'Amr, 'Abd Allah b. 'Umar, Abu Ghutaif al-Kindi, and Abu Salamah b. 'Abd al-Rahman from Abu Hurairah.

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

A person asked Allah's Apostle, "What should a Muhrim wear?" He replied, "He should not wear shirts, trousers, a burnus (a hooded cloak), or clothes which are stained with saffron or Wars (a kind of perfume). Whoever does not find a sandal to wear can wear Khuffs (socks made from thick fabric or leather), but these should be cut short so as not to cover the ankles.

Allah's Apostle said, "The angels keep on asking for Allah's Blessing and Forgiveness for anyone of you as long as he is at his Musalla (praying place) and does not do Hadath (passes wind). The angels say, 'O Allah! Forgive him and be Merciful to him.' Each one of you is in the prayer as long as he is waiting for the prayer and nothing but the prayer detains him from going to his family."

Yahya related to me from Malik from Jafar ibn Muhammad from his father that Ali ibn Abi Talib said, "When a man takes a vow to abstain from intercourse, divorce does not occur immediately. If four months pass, he must declare his intent and either he is divorced or he revokes his vow . "

Malik said, "That is what is done among us."

When taking omens was mentioned in the presence of the Prophet (saws), he said: The best type is the good omen, and it does not turn back a Muslim. If one of you sees anything he dislikes, he should say: O Allah, no one brings good things except Thee, and no one averts evil things except Thee and there is no might and power but in Allah.

Abu Dawud said: This tradition has also been transmitted by Hushaim, Khalid, and Ibn Idris from Yazid. They did not mention the words “then he did not repeat”