Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said, "There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case."

Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said, "That is not good, even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent's or a third or a fourth or whatever. When he names a percentage, whether great or small, everything specified by that is halal. This is the qirad of the muslims."

He said, "It is also not good if the investor stipulates that one dirham or more of the profit is purely his, with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims."

When `Abdullah bin 'Ubai died, his son `Abdullah bin `Abdullah came to Allah's Apostle and asked him to give him his shirt in order to shroud his father in it. He gave it to him and then `Abdullah asked the Prophet to offer the funeral prayer for him (his father). Allah's Apostle got up to offer the funeral prayer for him, but `Umar got up too and got hold of the garment of Allah's Apostle and said, "O Allah's Apostle Will you offer the funeral prayer for him though your Lord has forbidden you to offer the prayer for him" Allah's Apostle said, "But Allah has given me the choice by saying: '(Whether you) ask forgiveness for them, or do not ask forgiveness for them; even if you ask forgiveness for them seventy times..' (9.80) so I will ask more than seventy times." `Umar said, "But he (`Abdullah bin 'Ubai) is a hypocrite!" However, Allah's Apostle did offer the funeral prayer for him whereupon Allah revealed: 'And never (O Muhammad) pray for anyone of them that dies, nor stand at his grave.' (9.84)

When `Abdullah bin Ubai bin Salul died, Allah's Apostle was called in order to offer the funeral prayer for him. When Allah's Apostle got up (to offer the prayer) I jumped towards him and said, "O Allah's Apostle! Do you offer the prayer for Ibn Ubai although he said so-and-so on such-and-such-a day?" I went on mentioning his sayings. Allah's Apostle smiled and said, "Keep away from me, O `Umar!" But when I spoke too much to him, he said, "I have been given the choice, and I have chosen (this) ; and if I knew that if I asked forgiveness for him more than seventy times, he would be for given, I would ask it for more times than that." So Allah's Apostle offered the funeral prayer for him and then left, but he did not stay long before the two Verses of Surat-Bara'a were revealed, i.e.:-- 'And never (O Muhammad) pray for anyone of them that dies.... and died in a state of rebellion.' (9.84) Later I was astonished at my daring to speak like that to Allah's Apostle and Allah and His Apostle know best.

When `Abdullah bin Ubai died, his son `Abdullah bin `Abdullah came to Allah's Apostle who gave his shirt to him and ordered him to shroud his father in it. Then he stood up to offer the funeral prayer for the deceased, but `Umar bin Al-Khattab took hold of his garment and said, "Do you offer the funeral prayer for him though he was a hypocrite and Allah has forbidden you to ask forgiveness for hypocrites?" The Prophet said, "Allah has given me the choice (or Allah has informed me) saying: "Whether you, O Muhammad, ask forgiveness for them, or do not ask forgiveness for them, even if you ask forgiveness for them seventy times, Allah will not forgive them," (9.80) The he added, "I will (appeal to Allah for his sake) more than seventy times." So Allah's Apostle offered the funeral prayer for him and we too, offered the prayer along with him. Then Allah revealed: "And never, O Muhammad, pray (funeral prayer) for anyone of them that dies, nor stand at his grave. Certainly they disbelieved in Allah and His Apostle and died in a state of rebellion." (9.84)

I went to the Prophet along with a group of Al-Ash`ariyin in order to request him to provide us with mounts. He said, "By Allah, I will not provide you with mounts and I haven't got anything to mount you on." Then we stayed there as long as Allah wished us to stay, and then three very nice looking she-camels were brought to him and he made us ride them. When we left, we, or some of us, said, "By Allah, we will not be blessed, as we came to the Prophet asking him for mounts, and he swore that he would not give us any mounts but then he did give us. So let us go back to the Prophet and remind him (of his oath)." When we returned to him (and reminded him of the fact), he said, "I did not give you mounts, but it is Allah Who gave you. By Allah, Allah willing, if I ever take an oath to do something and then I find something else than the first, I will make expiation for my oath and do the thing which is better (or do something which is better and give the expiation for my oath).

Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."

Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."

Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."

When the ailment of the Prophet became aggravated and his disease became severe, he asked his wives to permit him to be nursed (treated) in my house. So they gave him the permission. Then the Prophet came (to my house) with the support of two men, and his legs were dragging on the ground, between `Abbas, and another man." 'Ubaidullah (the sub narrator) said, "I informed `Abdullah bin `Abbas of what `Aisha said. Ibn `Abbas said: 'Do you know who was the other man?' I replied in the negative. Ibn `Abbas said, 'He was `Ali (bin Abi Talib)." `Aisha further said, "When the Prophet came to my house and his sickness became aggravated he ordered us to pour seven skins full of water on him, so that he might give some advice to the people. So he was seated in a Mikhdab (brass tub) belonging to Hafsa, the wife of the Prophet. Then, all of us started pouring water on him from the water skins till he beckoned to us to stop and that we have done (what he wanted us to do). After that he went out to the people."

One day I went to Ibn Mas`ud who said, "When Quraish delayed in embracing Islam, the Prophet I invoked Allah to curse them, so they were afflicted with a (famine) year because of which many of them died and they ate the carcasses and Abu Sufyan came to the Prophet and said, 'O Muhammad! You came to order people to keep good relation with kith and kin and your nation is being destroyed, so invoke Allah I ? So the Prophet I recited the Holy verses of Sirat-Ad-Dukhan: 'Then watch you For the day that The sky will Bring forth a kind Of smoke Plainly visible.' (44.10) When the famine was taken off, the people renegade once again as nonbelievers. The statement of Allah, (in Sura "Ad- Dukhan"-44) refers to that: 'On the day when We shall seize You with a mighty grasp.' (44.16) And that was what happened on the day of the battle of Badr." Asbath added on the authority of Mansur, "Allah's Apostle prayed for them and it rained heavily for seven days. So the people complained of the excessive rain. The Prophet said, 'O Allah! (Let it rain) around us and not on us.' So the clouds dispersed over his head and it rained over the surroundings."

When my father died he owed a Jew thirty Awsuq (of dates). I requested him to give me respite for repaying but he refused. I requested Allah's Apostle to intercede with the Jew. Allah's Apostle went to the Jew and asked him to accept the fruits of my trees in place of the debt but the Jew refused. Allah's Apostle entered the garden of the date-palms, wandering among the trees and ordered me (saying), "Pluck (the fruits) and give him his due." So, I plucked the fruits for him after the departure of Allah's Apostle and gave his thirty Awsuq, and still had seventeen Awsuq extra for myself. Jabir said: I went to Allah's Apostle to inform of what had happened, but found him praying the `Asr prayer. After the prayer I told him about the extra fruits which remained. Allah's Apostle told me to inform (`Umar) Ibn Al-Khattab about it. When I went to `Umar and told him about it, `Umar said, "When Allah's Apostle walked in your garden, I was sure that Allah would definitely bless it."

Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'

"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

`Umar sent the Muslims to the great countries to fight the pagans. When Al-Hurmuzan embraced Islam, `Umar said to him. "I would like to consult you regarding these countries which I intend to invade." Al-Hurmuzan said, "Yes, the example of these countries and their inhabitants who are the enemies. of the Muslims, is like a bird with a head, two wings and two legs; If one of its wings got broken, it would get up over its two legs, with one wing and the head; and if the other wing got broken, it would get up with two legs and a head, but if its head got destroyed, then the two legs, two wings and the head would become useless. The head stands for Khosrau, and one wing stands for Caesar and the other wing stands for Faris. So, order the Muslims to go towards Khosrau." So, `Umar sent us (to Khosrau) appointing An-Nu`man bin Muqrin as our commander. When we reached the land of the enemy, the representative of Khosrau came out with forty-thousand warriors, and an interpreter got up saying, "Let one of you talk to me!" Al-Mughira replied, "Ask whatever you wish." The other asked, "Who are you?" Al-Mughira replied, "We are some people from the Arabs; we led a hard, miserable, disastrous life: we used to suck the hides and the date stones from hunger; we used to wear clothes made up of fur of camels and hair of goats, and to worship trees and stones. While we were in this state, the Lord of the Heavens and the Earths, Elevated is His Remembrance and Majestic is His Highness, sent to us from among ourselves a Prophet whose father and mother are known to us. Our Prophet, the Messenger of our Lord, has ordered us to fight you till you worship Allah Alone or give Jizya (i.e. tribute); and our Prophet has informed us that our Lord says:-- "Whoever amongst us is killed (i.e. martyred), shall go to Paradise to lead such a luxurious life as he has never seen, and whoever amongst us remain alive, shall become your master." (Al-Mughira, then blamed An-Nu`man for delaying the attack and) An-Nu' man said to Al-Mughira, "If you had participated in a similar battle, in the company of Allah's Apostle he would not have blamed you for waiting, nor would he have disgraced you. But I accompanied Allah's Apostle in many battles and it was his custom that if he did not fight early by daytime, he would wait till the wind had started blowing and the time for the prayer was due (i.e. after midday).

Uyaynah ibn Hisn and Aqra' ibn Habis came to the Messenger of Allah (saws). They begged from him. He commanded to give them what they begged. He ordered Mu'awiyah to write a document to give what they begged. Aqra' took his document, wrapped it in his turban, and went away.

As for Uyaynah, he took his document and came to the Prophet (saws) at his home, and said to him: Muhammad, do you see me? I am taking a document to my people, but I do not know what it contains, just like the document of al-Mutalammis. Mu'awiyah informed the Messenger of Allah (saws) of his statement.

Thereupon the Messenger of Allah (saws) said: He who begs (from people) when he has sufficient is simply asking for a large amount of Hell-fire. (An-Nufayl (a transmitter) said elsewhere: "embers of Hell".)

They asked: Messenger of Allah, what is a sufficiency? (Elsewhere an-Nufayl said: What is a sufficiency which makes begging unfitting?)

He replied: It is that which would provide a morning and an evening meal. (Elsewhere an-Nufayl said: It is when one has enough for a day and night, or for a night and a day.) He (an-Nufayl) narrated to us this tradition briefly in the words that I have mentioned.

I was sitting in the company of the poor members of the emigrants. Some of them were sitting together because of lack of clothing while a reader was reciting to us. All of a sudden the Messenger of Allah (saws) came along and stood beside us. When the Messenger of Allah (saws) stood, the reader stopped and greeted him.

He asked: What were you doing? We said: Messenger of Allah! We had a reader who was reciting to us and we were listening to the Book of Allah, the Exalted.

The Messenger of Allah (saws) then said: Praise be to Allah Who has put among my people those with whom I have been ordered to stay. The Messenger of Allah (saws) then sat among us so as to be like one of us, and when he had made a sign with his hand they sat in a circle with their faces turned towards him.

The narrator said: I think that the Messenger of Allah (saws) did not recognize any of them except me.

The Messenger of Allah (saws) then said: Rejoice, you group of poor emigrants, in the announcement that you will have perfect light on the Day of Resurrection. You will enter Paradise half a day before the rich, and that is five hundred years.

Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it.

He told him that he had heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree.

The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (saws). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam.

Rafi' said to him: I heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.

Abu Dawud said: Kathar means pith of the palm-tree.

AbdurRahman ibn AbuBakrah said that he told his father: O my father! I hear you supplicating every morning: "O Allah! Grant me health in my body. O Allah! Grant me good hearing. O Allah! Grant me good eyesight. There is no god but Thou." You repeat them three times in the morning and three times in the evening.

He said: I heard the Messenger of Allah (saws) using these words as a supplication and I like to follow his practice.

The transmitter, Abbas, said in this version: And you say: "O Allah! I seek refuge in Thee from infidelity and poverty. O Allah! I seek refuge in Thee from punishment in the grave. There is no god but Thee". You repeat them three times in the morning and three times in the evening, and use them as a supplication. I like to follow his practice.

He said: The Messenger of Allah (saws) said: The supplications to be used by one who is distressed are: "O Allah! Thy mercy is what I hope for. Do not abandon me to myself for an instant, but put all my affairs in good order for me. There is no god but Thou." Some transmitters added more than others.

Malik related to me from Nafi that Abdullah ibn Umar said, "The Jews came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned to him that a man and woman from among them had committed adultery. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'What do you find in the Torah about stoning?' They said, 'We make their wrong action known and flog them.' Abdullah ibn Salam said, 'You have lied! It has stoning for it, so bring the Torah.' They spread it out and one of them placed his hand over the ayat of stoning. Then he read what was before it and what was after it. Abdullah ibn Salam told him to lift his hand. He lifted his hand and there was the ayat of stoning. They said, 'He has spoken the truth, Muhammad. The ayat of stoning is in it.' So the Messenger of Allah, may Allah bless him and grant him peace, gave the order and they were stoned . "

Abdullah ibn Umar added, "I saw the man leaning over the woman to protect her from the stones."

Malik commented, "By leaning he meant throwing himself over her so that the stones fell on him."

Yahya related to me from Malik from Da'ud ibn al-Husayn that Waqid ibn Amr ibn Sad ibn Muadh informed him from Mahmud ibn Labid al- Ansari that when Umar ibn al-Khattab went to ash-Sham, the people of ash-Sham complained to him about the bad air of their land and its heaviness. They said, "Only this drink helps." Umar said, "Drink this honey preparation." They said, "Honey does not help us." A man from the people of that land said, "Can we give you something of this drink which does not intoxicate?" He said, "Yes." They cooked it until two- thirds of it evaporated and one-third of it remained. Then they brought it to Umar. Umar put his finger in it and then lifted his head and extended it. He said, "This is fruit juice concentrated by boiling. This is like the distillation with which you smear the camel's scabs." Umar ordered them to drink it. Ubada ibn as-Samit said to him, "You have made it halal, by Allah!" Umar said, "No, by Allah! O Allah! I will not make anything halal for them which You have made haram for them! I will not make anything haram for them which You have made halal for them."

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."

'Uyaina bin Hisn bin Hudhaifa came and stayed with his nephew Al-Hurr bin Qais who was one of those whom `Umar used to keep near him, as the Qurra' (learned men knowing Qur'an by heart) were the people of `Umar's meetings and his advisors whether they were old or young. 'Uyaina said to his nephew, "O son of my brother! You have an approach to this chief, so get for me the permission to see him." Al-Hurr said, "I will get the permission for you to see him." So Al-Hurr asked the permission for 'Uyaina and `Umar admitted him. When 'Uyaina entered upon him, he said, "Beware! O the son of Al-Khattab! By Allah, you neither give us sufficient provision nor judge among us with justice." Thereupon `Umar became so furious that he intended to harm him, but Al-Hurr said, "O chief of the Believers! Allah said to His Prophet: "Hold to forgiveness; command what is right; and leave (don't punish) the foolish." (7.199) and this (i.e. 'Uyaina) is one of the foolish." By Allah, `Umar did not overlook that Verse when Al-Hurr recited it before him; he observed (the orders of) Allah's Book strictly.

While we were on one of our journeys, we dismounted at a place where a slave girl came and said, "The chief of this tribe has been stung by a scorpion and our men are not present; is there anybody among you who can treat him (by reciting something)?" Then one of our men went along with her though we did not think that he knew any such treatment. But he treated the chief by reciting something, and the sick man recovered whereupon he gave him thirty sheep and gave us milk to drink (as a reward). When he returned, we asked our friend, "Did you know how to treat with the recitation of something?" He said, "No, but I treated him only with the recitation of the Mother of the Book (i.e., Al-Fatiha)." We said, "Do not say anything (about it) till we reach or ask the Prophet so when we reached Medina, we mentioned that to the Prophet (in order to know whether the sheep which we had taken were lawful to take or not). The Prophet said, "How did he come to know that it (Al-Fatiha) could be used for treatment? Distribute your reward and assign for me one share thereof as well."

Two men had a dispute in the presence of Allah's Apostle. One of them said, "O Allah's Apostle! Judge between us according to Allah's Laws." The other who was wiser, said, "Yes, O Allah's Apostle! Judge between us according to Allah's Laws and allow me to speak. The Prophet said, "Speak." He said, "My son was a laborer serving this (person) and he committed illegal sexual intercourse with his wife, The people said that my son is to be stoned to death, but I ransomed him with one-hundred sheep and a slave girl. Then I asked the learned people, who informed me that my son should receive one hundred lashes and will be exiled for one year, and stoning will be the lot for the man's wife." Allah's Apostle said, "Indeed, by Him in Whose Hand my soul is, I will judge between you according to Allah's Laws: As for your sheep and slave girl, they are to be returned to you." Then he scourged his son one hundred lashes and exiled him for one year. Then Unais Al- Aslami was ordered to go to the wife of the second man, and if she confessed (the crime), then stone her to death. She did confess, so he stoned her to death.

Once `Umar bin `Abdul `Aziz delayed the prayer and `Urwa bin Az-Zubair went to him and said, "Once in 'Iraq, Al-Mughira bin Shu`ba delayed his prayers and Abi Mas`ud Al-Ansari went to him and said, 'O Mughira! What is this? Don't you know that once Gabriel came and offered the prayer (Fajr prayer) and Allah's Apostle prayed too, then he prayed again (Zuhr prayer) and so did Allah's Apostle and again he prayed (`Asr prayers and Allah's Apostle did the same; again he prayed (Maghrib-prayer) and so did Allah's Apostle and again prayed (`Isha prayer) and so did Allah's Apostle and (Gabriel) said, 'I was ordered to do so (to demonstrate the prayers prescribed to you)?'" `Umar (bin `Abdul `Aziz) said to `Urwa, "Be sure of what you Say. Did Gabriel lead Allah's Apostle at the stated times of the prayers?" `Urwa replied, "Bashir bin Abi Mas`ud narrated like this on the authority of his father." `Urwa added, "Aisha told me that Allah's Apostle used to pray `Asr prayer when the sunshine was still inside her residence (during the early time of `Asr).

We were with `Abdullah and he said, "When the Prophet saw the refusal of the people to accept Islam he said, "O Allah! Send (famine) years on them for (seven years) like the seven years (of famine during the time) of (Prophet) Joseph." So famine overtook them for one year and destroyed every kind of life to such an extent that the people started eating hides, carcasses and rotten dead animals. Whenever one of them looked towards the sky, he would (imagine himself to) see smoke because of hunger. So Abu Sufyan went to the Prophet and said, "O Muhammad! You order people to obey Allah and to keep good relations with kith and kin. No doubt the people of your tribe are dying, so please pray to Allah for them." So Allah revealed: "Then watch you For the day that The sky will bring forth a kind Of smoke Plainly visible ... Verily! You will return (to disbelief) On the day when We shall seize You with a mighty grasp. (44.10-16) Ibn Mas`ud added, "Al-Batsha (i.e. grasp) happened in the battle of Badr and no doubt smoke, Al-Batsha, Al-Lizam, and the verse of Surat Ar-Rum have all passed .

My grandfather, Rafi` bin Khadij said, "We were in the valley of Dhul-Hulaifa of Tuhama in the company of the Prophet and had some camels and sheep (of the booty). The people hurried (in slaughtering the animals) and put their meat in the pots and started cooking. Allah's Apostle came and ordered them to upset the pots, and distributed the booty considering one camel as equal to ten sheep. One of the camels fled and the people had only a few horses, so they got worried. (The camel was chased and) a man slopped the camel by throwing an arrow at it. Allah's Apostle said, 'Some of these animals are untamed like wild animals, so if anyone of them went out of your control, then you should treat it as you have done now.' " My grandfather said, "O Allah's Apostle! We fear that we may meet our enemy tomorrow and we have no knives, could we slaughter the animals with reeds?" The Prophet said, "Yes, or you can use what would make blood flow (slaughter) and you can eat what is slaughtered and the Name of Allah is mentioned at the time of slaughtering. But don't use teeth or fingernails (in slaughtering). I will tell you why, as for teeth, they are bones, and fingernails are used by Ethiopians for slaughtering. (See Hadith 668)

My grandfather, Rafi` said, "We were in the company of the Prophet at DhulHulaifa, and the people suffered from hunger. We got some camels and sheep (as booty) and the Prophet was still behind the people. They hurried and put the cooking pots on the fire. (When he came) he ordered that the cooking pots should be upset and then he distributed the booty (amongst the people) regarding ten sheep as equal to one camel then a camel fled and the people chased it till they got tired, as they had a few horses (for chasing it). So a man threw an arrow at it and caused it to stop (with Allah's Permission). On that the Prophet said, 'Some of these animals behave like wild beasts, so, if any animal flee from you, deal with it in the same way." My grandfather asked (the Prophet ), "We hope (or are afraid) that we may meet the enemy tomorrow and we have no knives. Can we slaughter our animals with canes?" Allah's Apostle replied, "If the instrument used for killing causes the animal to bleed profusely and if Allah's Name is mentioned on killing it, then eat its meat (i.e. it is lawful) but won't use a tooth or a nail and I am telling you the reason: A tooth is a bone (and slaughtering with a bone is forbidden ), and a nail is the slaughtering instrument of the Ethiopians."

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me. I asked him again, and he gave me, and said to me. 'O Hakim! This wealth is like green sweet (i.e. fruit), and if one takes it without greed, then one is blessed in it, and if one takes it with greediness, then one is not blessed in it, and will be like the one who eats without satisfaction. And an upper (i.e. giving) hand is better than a lower (i.e. taking) hand,' I said, 'O Allah's Apostle! By Him Who has sent you with the Truth. I will not ask anyone for anything after you till I leave this world." So, when Abu Bakr during his Caliphate, called Hakim to give him (some money), Hakim refused to accept anything from him. Once `Umar called him (during his Caliphate) in order to give him something, but Hakim refused to accept it, whereupon `Umar said, "O Muslims! I give him (i.e. Hakim) his right which Allah has assigned to him) from this Fai '(booty), but he refuses to take it." So Hakim never took anything from anybody after the Prophet till he died.

A lady committed theft during the lifetime of Allah's Apostle in the Ghazwa of Al-Fath, ((i.e. Conquest of Mecca). Her folk went to Usama bin Zaid to intercede for her (with the Prophet). When Usama interceded for her with Allah's Apostle, the color of the face of Allah's Apostle changed and he said, "Do you intercede with me in a matter involving one of the legal punishments prescribed by Allah?" Usama said, "O Allah's Apostle! Ask Allah's Forgiveness for me." So in the afternoon, Allah's Apostle got up and addressed the people. He praised Allah as He deserved and then said, "Amma ba'du ! The nations prior to you were destroyed because if a noble amongst them stole, they used to excuse him, and if a poor person amongst them stole, they would apply (Allah's) Legal Punishment to him. By Him in Whose Hand Muhammad's soul is, if Fatima, the daughter of Muhammad stole, I would cut her hand." Then Allah's Apostle gave his order in the case of that woman and her hand was cut off. Afterwards her repentance proved sincere and she got married. `Aisha said, "That lady used to visit me and I used to convey her demands to Allah's Apostle."

The Messenger of Allah (saws) would accept a present, but would not accept alms (sadaqah). And Wahb bin Baqiyyah narrated to us, elsewhere, from Khalid, from Muhammad ibn Amr said on the authority of AbuSalamah, and he did not mention the name of Abu Hurairah: The Messenger of Allah (saws) used to accept presents but not alms (sadaqah).

This version adds: So a Jewess presented him at Khaybar with a roasted sheep which she had poisoned. The Messenger of Allah (saws) ate of it and the people also ate.

He then said: Take away your hands (from the food), for it has informed me that it is poisoned. Bishr ibn al-Bara' ibn Ma'rur al-Ansari died.

So he (the Prophet) sent for the Jewess (and said to her): What motivated you to do the work you have done?

She said: If you were a prophet, it would not harm you; but if you were a king, I should rid the people of you. The Messenger of Allah (saws) then ordered regarding her and she was killed. He then said about the pain of which he died: I continued to feel pain from the morsel which I had eaten at Khaybar. This is the time when it has cut off my aorta.

I was with Ali (may Allah be pleased with him) when the Messenger of Allah (saws) appointed him to be the governor of the Yemen. I collected some ounces of gold during my stay with him.

When Ali returned from the Yemen to the Messenger of Allah (saws) he said: I found that Fatimah had put on coloured clothes and the smell of the perfume she had used was pervading the house. (He expressed his amazement at the use of coloured clothes and perfume.)

She said: What is wrong with you? The Messenger of Allah (saws) has ordered his companions to put off their ihram and they did so.

Ali said: I said to her: I raised my voice in talbiyah for which the Prophet (saws) raised his voice (i.e. I wore ihram for qiran). Then I came to the Prophet (saws).

He asked (me): How did you do? I replied: I raised my voice in talbiyah, for which the Prophet (saws) raised his voice. He said: I have brought the sacrificial animals with me and combined umrah and hajj. He said to me: Sacrifice sixty-seven or sixty-six camels (for me) and withhold for yourself thirty-three or thirty-four, and withhold a piece (of flesh) for me from every camel.

Abdullah ibn Hasan al-Anbari said: My grandmothers, Safiyyah and Duhaybah, narrated to me, that hey were the daughters of Ulaybah and were nourished by Qaylah, daughter of Makhramah. She was the grandmother of their father.

She reported to them, saying: We came upon the Messenger of Allah (saws). My companion, Hurayth ibn Hassan, came to him as a delegate from Bakr ibn Wa'il. He took the oath of allegiance of Islam for himself and for his people.

He then said: Messenger of Allah (saws), write a document for us, giving us the land lying between us and Banu Tamim at ad-Dahna' to the effect that not one of them will cross it in our direction except a traveller or a passer-by.

He said: Write down ad-Dahna' for them, boy. When I saw that he passed orders to give it to him, I became anxious, for it was my native land and my home.

I said: Messenger of Allah, he did not ask you for a true border when he asked you. This land of Dahna' is a place where the camels have their home, and it is a pasture for the sheep. The women of Banu Tamim and their children are beyond it.

He said: Stop, boy! A poor woman spoke the truth: a Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against Satan.

Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, "There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that, he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him, he would have still done the same for him, and had he refused that to him, he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad, it is permitted and there is no harm in it. If a condition comes into it, or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession, or the investor is only doing it because the agent has taken his capital and will not return it to him, that is not permitted in qirad and it is part of what the people of knowledge forbid.' "

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two men brought a dispute to the Messenger of Allah, may Allah bless him and grant him peace. One of them said, "Messenger of Allah! Judge between us by the Book of Allah!" The other said, and he was the wiser of the two, "Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak." He said, "Speak." He said, "My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned." The Messenger of Allah, may Allah bless him and grant him peace, said, "By him in whose Hand myself is, I will judge between you by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year." He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed . She confessed and he stoned her.

That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."

`Abdullah (bin Masud) said. "Allah curses those ladies who practice tattooing and those who get themselves tattooed, and those ladies who remove the hair from their faces and those who make artificial spaces between their teeth in order to look more beautiful whereby they change Allah's creation." His saying reached a lady from Bani Asd called Um Yaqub who came (to `Abdullah) and said, "I have come to know that you have cursed such-and-such (ladies)?" He replied, "Why should I not curse these whom Allah's Apostle has cursed and who are (cursed) in Allah's Book!" Um Yaqub said, "I have read the whole Qur'an, but I did not find in it what you say." He said, "Verily, if you have read it (i.e. the Qur'an), you have found it. Didn't you read: 'And whatsoever the Apostle gives you take it and whatsoever he forbids you, you abstain (from it). (59.7) She replied, "Yes, I did," He said, "Verily, Allah's Apostle forbade such things." "She said, "But I see your wife doing these things?" He said, "Go and watch her." She went and watched her but could not see anything in support of her statement. On that he said, "If my wife was as you thought, I would not keep her in my company."

that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."

Those involved in a case of Lian were mentioned before Allah's Apostle `Asim bin Adi said something about that and then left. Later on a man from his tribe came to him and told him that he had found another man with his wife. On that `Asim said, "I have not been put to task except for what I have said (about Lian)." `Asim took the man to Allah's Apostle and he told him of the state in which he found his wife. The man was pale, thin and lank-haired, while the other man whom he had found with his wife was brown, fat with thick calves and curly hair. Allah's Apostle said, "O Allah! Reveal the truth." Then the lady delivered a child resembling the man whom her husband had mentioned he had found with her. So Allah's Apostle ordered them to carry out Lien. A man from that gathering said to Ibn `Abbas, "Was she the same lady regarding whom Allah's Apostle said, 'If I were to stone to death someone without witnesses, I would have stoned this lady'?" Ibn `Abbas said, "No, that was another lady who, though being a Muslim, used to arouse suspicion because of her outright misbehavior."

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

A bedouin with unkempt hair came to Allah's Apostle and said, "O Allah's Apostle! Tell me what Allah has enjoined on me as regards prayers." The Prophet said, "You have to offer perfectly the five (compulsory) prayers in a day and a night (24 hrs.), except if you want to perform some extra optional prayers." The bedouin said, "Tell me what Allah has enjoined on me as regards fasting." The Prophet said, "You have to observe fast during the month of Ramadan except if you fast some extra optional fast." The bedouin said, "Tell me what Allah has enjoined on me as regard Zakat." The Prophet then told him the Islamic laws and regulations whereupon the bedouin said, "By Him Who has honored you, I will not perform any optional deeds of worship and I will not leave anything of what Allah has enjoined on me." Allah's Apostle said, "He will be successful if he has told the truth (or he will enter Paradise if he said the truth)." And some people said, "The Zakat for one-hundred and twenty camels is two Hiqqas, and if the Zakat payer slaughters the camels intentionally or gives them as a present or plays some other trick in order to avoid the Zakat, then there is no harm (in it) for him.

Uyaina bin Hisn bin Hudhaifa bin Badr came and stayed (at Medina) with his nephew Al-Hurr bin Qais bin Hisn who was one of those whom `Umar used to keep near him, as the Qurra' (learned men knowing Qur'an by heart) were the people of `Umar's meetings and his advisors whether they were old or young. 'Uyaina said to his nephew, "O my nephew! Have you an approach to this chief so as to get for me the permission to see him?" His nephew said, "I will get the permission for you to see him." (Ibn `Abbas added: ) So he took the permission for 'Uyaina, and when the latter entered, he said, "O the son of Al-Khattab! By Allah, you neither give us sufficient provision nor judge among us with justice." On that `Umar became so furious that he intended to harm him. Al-Hurr, said, "O Chief of the Believers!" Allah said to His Apostle 'Hold to forgiveness, command what is good (right), and leave the foolish (i.e. do not punish them).' (7.199) and this person is among the foolish." By Allah, `Umar did not overlook that Verse when Al-Hurr recited it before him, and `Umar said to observe (the orders of) Allah's Book strictly." (See Hadith No. 166, Vol. 6)

Allah's Apostle the true and truly inspired, narrated to us, "The creation of everyone of you starts with the process of collecting the material for his body within forty days and forty nights in the womb of his mother. Then he becomes a clot of thick blood for a similar period (40 days) and then he becomes like a piece of flesh for a similar period. Then an angel is sent to him (by Allah) and the angel is allowed (ordered) to write four things; his livelihood, his (date of) death, his deeds, and whether he will be a wretched one or a blessed one (in the Hereafter) and then the soul is breathed into him. So one of you may do (good) deeds characteristic of the people of Paradise so much that there is nothing except a cubit between him and Paradise but then what has been written for him decides his behavior and he starts doing (evil) deeds characteristic of the people of Hell (Fire) and (ultimately) enters Hell (Fire); and one of you may do (evil) deeds characteristic of the people of Hell (Fire) so much so that there is nothing except a cubit between him and Hell (Fire), then what has been written for him decides his behavior and he starts doing (good) deeds characteristic of the people of Paradise and ultimately) enters Paradise." (See Hadith No. 430, Vol. 4)

He said, "Yahya ibn Yahya al-Laythi related to me from Malik ibn Anas from Ibn Shihab that one day Umar ibn Abdal-Aziz delayed the prayer. Urwa ibn az-Zubayr came and told him that al-Mughira ibn Shuba had delayed the prayer one day while he was in Kufa and Abu Masud al- Ansari had come to him and said, 'What's this, Mughira? Don't you know that the angel Jibril came down and prayed and the Messenger of Allah, may Allah bless him and grant him peace, prayed.' Then he prayed again, and the Messenger of Allah, may Allah bless him and grant him peace, prayed. Then he prayed again, and the Messenger of Allah, may Allah bless him and grant him peace, prayed. Then he prayed again, and the Messenger of Allah, may Allah bless him and grant him peace, prayed. Then he prayed again, and the Messenger of Allah, may Allah bless him and grant him peace, prayed. Then Jibril said, 'This is what you have been ordered to do.' Umar ibn Abd al-Aziz said, 'Be sure of what you relate, Urwa. Was it definitely Jibril who established the time of the prayer for the Messenger of Allah?' " Urwa said, "That's how it was related to Bashir ibn Abi Masud al-Ansari by his father."

A Jewess came to ask `Aisha (the wife of the Prophet) about something. She said to her, "May Allah give you refuge from the punishment of the grave." So `Aisha ' asked Allah's Apostle "Would the people be punished in their graves?" Allah's Apostle after seeking refuge with Allah from the punishment of the grave (and thus replied in the affirmative). Then one day, Allah's Apostle rode to go to some place but the sun eclipsed. He returned in the forenoon and passed through the rear of the dwellings (of his wives) and stood for the (eclipse) prayer, and the people stood behind him. He stood up for a long period and then performed a prolonged bowing which was shorter than the first bowing. Then he raised his head and prostrated. Then he stood up (for the second rak`a) for a long while but the standing was shorter than that of the first rak`a. Then he performed a prolonged bowing which was shorter than the first one. Then he raised his head and prostrated. Then he stood up for a long time but shorter than the first. Then he performed a prolonged bowing but shorter than the first. Then he raised his head and prostrated and finished the prayer and (then delivered the sermon and) said as much as Allah wished. And then he ordered the people to seek refuge with Allah from the punishment of the grave.

A Jewess came to `Aisha to ask her about something and then she said, "May Allah give you refuge from the punishment of the grave." So `Aisha asked Allah's Apostle, "Would the people be punished in their graves?" Allah's Apostle asked Allah's refuge from the punishment of the grave (indicating an affirmative reply). Then one day Allah's Apostle rode (to leave for some place) but the sun eclipsed. He returned on the forenoon and passed through the rear of the dwellings (of his wives) and stood up and started offering the (eclipse) prayer and the people stood behind him. He stood for a long period and then performed a long bowing and then stood straight for a long period which was shorter than that of the first standing, then he performed a prolonged bowing which was shorter than the first bowing, then he raised his head and prostrated for a long time and then stood up (for the second rak`a) for a long while, but the standing was shorter than the standing of the first rak`a. Then he performed a prolonged bowing which was shorter than that of the first one. He then stood up for a long time but shorter than the first, then again performed a long bowing which was shorter than the first and then prostrated for a shorter while than that of the first prostration. Then he finished the prayer and delivered the sermon and) said what Allah wished; and ordered the people to seek refuge with Allah from the punishment of the grave.

Abu Bakr , wrote to me about the Zakat which Allah had ordered His Apostle to observe: Whoever had to pay Jahda (Jahda means a four-year-old she-camel) as Zakat from his herd of camels and he had not got one, and he had Hiqqa (three-year-old she-camel), that Hiqqa should be accepted from him along with two sheep if they were available or twenty Dirhams (one Durham equals about 1/4 Saudi Riyal) and whoever had to pay Hiqqa as Zakat and he had no Hiqqa but had a Jadha, the Jadha should be accepted from him, and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Hiqqa as Zakat and he had not got one, but had a Bint Labun (two-year-old she-camel), it should be accepted from him along with two sheep or twenty Dirhams; and whoever had to pay Bint Labun and had a Hiqqa, that Hiqqa should be accepted from him and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Bint Labun and he had not got one but had a Bint Makhad (one-year-old she camel), that Bint Makhad should be accepted from him along with twenty Dirhams or two sheep.

My grandfather said, "We were in the company of the Prophet at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet came) he ordered the pots to be upset and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel. One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it. The Prophet said, "Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow)." Before distributing them among the soldiers my grandfather said, "We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?" The Prophet said, "Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them. Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels).

A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.

We got the news of the migration of the Prophet while we were in Yemen, so we set out migrating to him. We were, I and my two brothers, I being the youngest, and one of my brothers was Abu Burda and the other was Abu Ruhm. We were over fifty (or fifty-three or fifty two) men from our people. We got on board a ship which took us to An-Najashi in Ethiopia, and there we found Ja`far bin Abu Talib and his companions with An-Najaishi. Ja`far said (to us), "Allah's Apostle has sent us here and ordered us to stay here, so you too, stay with us." We stayed with him till we all left (Ethiopia) and met the Prophet at the time when he had conquered Khaibar. He gave us a share from its booty (or gave us from its booty). He gave only to those who had taken part in the Ghazwa with him. but he did not give any share to any person who had not participated in Khaibar's conquest except the people of our ship, besides Ja`far and his companions, whom he gave a share as he did them (i.e. the people of the ship).

Out of all the Ansar, living in Medina, Abu Talha had the largest number of (date palm trees) gardens, and the most beloved of his property to him was Bairuha garden which was standing opposite the Mosque (of the Prophet). Allah's Apostle used to enter it and drink of its good water. When the Verse:--"By no means shall you attain righteousness unless you spend (in charity) of that which you love." (3.92) Abu Talha got up and said, "O Allah's Apostle, Allah says:--"By no means shall you attain righteousness unless you spend (in charity) of that which you love." (3.92) and the most beloved of my property to me is the Bairuha garden, so I give it (as a charitable gift) in Allah's Cause and hope to receive good out of it, and to have it stored for me with Allah. So, O Allah's Apostle! Dispose it of (i.e. utilize it) in the way Allah orders you (to dispose it of)." Allah's Apostle said, "Bravo! That is a fruitful property! That is a fruitful property! I have heard what you have said and I think that you should distribute that (garden) amongst your relatives." The Abu Talha distributed that garden amongst his relatives and his cousins.

Narrated Yahya bin Yahya:

I learnt from Malik, "..a fruitful property."

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

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

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

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

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

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

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

Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "

Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.

Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "

Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."

Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.

Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "

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

I was working in the market. A woman passed carrying a child. The people rushed towards her, and I also rushed along with them.

I then went to the Prophet (saws) while he was asking: Who is the father of this (child) who is with you? She remained silent.

A young man by her side said: I am his father, Messenger of Allah!

He then turned towards her and asked: Who is the father of this child with you?

The young man said: I am his father, Messenger of Allah! The Messenger of Allah (saws) then looked at some of those who were around him and asked them about him. They said: We only know good (about him).

The Prophet (saws) said to him: Are you married? He said: Yes. So he gave orders regarding him and he was stoned to death.

He (the narrator) said: We took him out, dug a pit for him and put him in it. We then threw stones at him until he died. A man then came asking about the man who was stoned.

We brought him to the Prophet (saws) and said: This man has come asking about the wicked man.

The Messenger of Allah (saws) said: He is more agreeable than the fragrance of musk in the eyes of Allah. The man was his father. We then helped him in washing, shrouding and burying him. (The narrator said:) I do not know whether he said or did not say "in praying over him." This is the tradition of Abdah, and it is more accurate.

I saw the Messenger of Allah (saws) on the morning of the conquest of Mecca when I was a young boy. He was walking among the people, seeking the camp of Khalid ibn al-Walid. A man who had drunk wine was brought (before him) and he ordered them (to beat him). So they beat him with what they had in their hands. Some struck him with whips, some with sticks and some with sandals. The Messenger of Allah (saws) threw some dust on his face.

When a man who had drunk wine was brought before AbuBakr, he asked them (i.e. the people) about the number of beatings which they gave him. They numbered it forty. So AbuBakr gave him forty lashes.

When Umar came to power, Khalid ibn al-Walid wrote to him: The people have become addicted to drinking wine and they look down upon the prescribed punishment and its penalty.

He said: They are with you, ask them. The immigrants who embraced Islam in the beginning were with him. He asked them and they agreed on the fact that (a drunkard) should be given eighty lashes.

Ali said: When a man drinks wine, he tells lies. I, therefore, think that he should be prescribed punishment that is prescribed for telling lies..

Abu Dawud said: 'Uqail b. Khalid included in the chain of this tradition: "Abd Allah b. Abd al-Rahman b. al-Azhar from his father" between al-Zuhri and Ibn al-Azhar.