When the delegate of `Abd Al-Qais came to Allah's Apostle, he said, "Who are the delegate?" They said, "The delegate are from the tribe of Rabi`a." The Prophet said, "Welcome, O the delegate, and welcome! O people! Neither you will have any disgrace nor will you regret." They said, "O Allah's Apostle! Between you and us there are the infidels of the tribe of Mudar, so please order us to do something good (religious deeds) that by acting on them we may enter Paradise, and that we may inform (our people) whom we have left behind, about it." They also asked (the Prophet) about drinks. He forbade them from four things and ordered them to do four things. He ordered them to believe in Allah, and asked them, "Do you know what is meant by belief in Allah?" They said, "Allah and His Apostle know best." He said, ''To testify that none has the right to be worshipped except Allah, the One, Who has no partners with Him, and that Muhammad is Allah's Apostle; and to offer prayers perfectly and to pay Zakat." (the narrator thinks that fasting in Ramadan is included), "and to give one-fifth of the war booty (to the state)." Then he forbade four (drinking utensils): Ad-Duba', Al56 Hantam, Al-Mazaffat and An-Naqir, or probably, Al-Muqaiyar. And then the Prophet said, "Remember all these things by heart and preach it to those whom you have left behind."

I said to Ibn `Abbas, "I have an earthenware pot containing Nabidh (i.e. water and dates or grapes) for me, and I drink of it while it is sweet. If I drink much of it and stay with the people for a long time, I get afraid that they may discover it (for I will appear as if I were drunk). Ibn `Abbas said, "A delegation of `Abdul Qais came to Allah's Apostle and he said, "Welcome, O people! Neither will you have disgrace nor will you regret." They said, "O Allah's Apostle! There are the Mudar pagans between you and us, so we cannot come to you except in the sacred Months. So please teach us some orders on acting upon which we will enter Paradise. Besides, we will preach that to our people who are behind us." The Prophet said, "I order you to do four things and forbid you from four things (I order you): To believe in Allah...Do you know what is to believe in Allah? That is to testify that None has the right to be worshipped except Allah: (I order you also to offer prayers perfectly to pay Zakat; and to fast the month of Ramadan and to give the Khumus (i.e. one-fifth of the booty) (for Allah's Sake). I forbid you from four other things (i.e. the wine that is prepared in) Ad-Dubba, An-Naquir, Az-Hantam and Al-Muzaffat. (See Hadith No. 50 Vol. 1)

On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.

Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.

Umar reported the Messenger of Allah (saws) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).

He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.

The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.

I was an interpreter between the people and Ibn `Abbas. Once Ibn `Abbas said that a delegation of the tribe of `Abdul Qais came to the Prophet who asked them, "Who are the people (i.e. you)? (Or) who are the delegates?" They replied, "We are from the tribe of Rabi`a." Then the Prophet said to them, "Welcome, O people (or said, "O delegation (of `Abdul Qais).") Neither will you have disgrace nor will you regret." They said, "We have come to you from a distant place and there is the tribe of the infidels of Mudar intervening between you and us and we cannot come to you except in the sacred month. So please order us to do something good (religious deeds) and that we may also inform our people whom we have left behind (at home) and that we may enter Paradise (by acting on them.)" The Prophet ordered them to do four things, and forbade them from four things. He ordered them to believe in Allah Alone, the Honorable the Majestic and said to them, "Do you know what is meant by believing in Allah Alone?" They replied, "Allah and His Apostle know better." Thereupon the Prophet said, "(That means to testify that none has the right to be worshipped but Allah and that Muhammad is His Apostle, to offer prayers perfectly, to pay Zakat, to observe fasts during the month of Ramadan, (and) to pay Al-Khumus (one fifth of the booty to be given in Allah's cause)." Then he forbade them four things, namely Ad-Dubba.' Hantam, Muzaffat (and) An-Naqir or Muqaiyar (These were the names of pots in which alcoholic drinks used to be prepared). The Prophet further said, "Memorize them (these instructions) and tell them to the people whom you have left behind."

Ibn ‘Abbas said “Hilal bin Umayyah was one of the three persons whose repentance was accepted by Allaah. One night he returned from his land and found a man along with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning.” Next day he went to the Apostle of Allaah(saws) in the morning and said Apostle of Allaah(saws) “I came to my wife in the night and found a man along with her. I saw with my own eyes and heard with my own ears. The Apostle of Allaah(saws) disliked what he described and he took it seriously. There upon the following Qur’anic verse came down “And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them ....” When the Apostle of Allaah(saws) came to himself (after the revelation ended) he said “Glad tidings to you Hilal, Allaah the exalted has made ease and a way out for you.” Hilal said “I expected that from my Lord. The Apostle of Allaah(saws) said “Send for her. She then came.” The Apostle of Allaah(saws) recited the verses to them and he reminded them and told them that the punishment in the next world was more severe than that in n this world. Hilal said “I swear by Allah I spoke the truth against her.” She said “He told a lie.” The Apostle of Allaah(saws) said “Apply the method of invoking curses on one another. Hilal was told “Bear witness. So he bore witness before Allaah four times that he spoke the truth.” When he was about to utter the fifth time he was told “Hilal fear Allah, for the punishment in this world is easier than that in the next world and this is the deciding one, that will surely cause punishment to you.” He said “I swear by Allaah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act).” So he bore witness a fifth time invoking the curse of Allah on him if he was of those who tell a lie. Then the people said to her, Testify. So she gave testimony before Allaah that he was a liar. When she was going to testify the fifth time she was told “Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you.” She hesitated for a moment. And then said “By Allah, I will not disgrace my people.” So she testified a fifth time invoking the curse of Allah on her if he spoke the truth. Apostle of Allaah(saws) separated them from each other and ...

The Prophet (saws) bought a horse from a Bedouin. The Prophet (saws) took him with him to pay him the price of his horse. The Messenger of Allah (saws) walked quickly and the Bedouin walked slowly. The people stopped the Bedouin and began to bargain with him for the horse as and they did not know that the Prophet (saws) had bought it.

The Bedouin called the Messenger of Allah (saws) saying: If you want this horse, (then buy it), otherwise I shall sell it. The Prophet (saws) stopped when he heard the call of the Bedouin, and said: Have I not bought it from you? The Bedouin said: I swear by Allah, I have not sold it to you. The Prophet (saws) said: Yes, I have bought it from you. The Bedouin began to say: Bring a witness. Khuzaymah ibn Thabit then said: I bear witness that you have bought it. The Prophet (saws) turned to Khuzaymah and said: On what (grounds) do you bear witness?

He said: By considering you trustworthy, Messenger of Allah (saws)! The Prophet (saws) made the witness of Khuzaymah equivalent to the witness of two people.

I used to sit with Ibn 'Abbas and he made me sit on his sitting place. He requested me to stay with him in order that he might give me a share from his property. So I stayed with him for two months. Once he told (me) that when the delegation of the tribe of 'Abdul Qais came to the Prophet, the Prophet asked them, "Who are the people (i.e. you)? (Or) who are the delegate?" They replied, "We are from the tribe of Rabi'a." Then the Prophet said to them, "Welcome! O people (or O delegation of 'Abdul Qais)! Neither will you have disgrace nor will you regret." They said, "O Allah's Apostle! We cannot come to you except in the sacred month and there is the infidel tribe of Mudar intervening between you and us. So please order us to do something good (religious deeds) so that we may inform our people whom we have left behind (at home), and that we may enter Paradise (by acting on them)." Then they asked about drinks (what is legal and what is illegal). The Prophet ordered them to do four things and forbade them from four things. He ordered them to believe in Allah Alone and asked them, "Do you know what is meant by believing in Allah Alone?" They replied, "Allah and His Apostle know better." Thereupon the Prophet said, "It means:

1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle.

2. To offer prayers perfectly

3. To pay the Zakat (obligatory charity)

4. To observe fast during the month of Ramadan.

5. And to pay Al-Khumus (one fifth of the booty to be given in Allah's Cause).

Then he forbade them four things, namely, Hantam, Dubba,' Naqir Ann Muzaffat or Muqaiyar; (These were the names of pots in which Alcoholic drinks were prepared) (The Prophet mentioned the container of wine and he meant the wine itself). The Prophet further said (to them): "Memorize them (these instructions) and convey them to the people whom you have left behind."

Yahya related to me from Malik from Abdullah ibn Abdullah ibn Jabir ibn Atik that Atik ibn al-Harith, the grandfather of Abdullah ibn Abdullah ibn Jabir on his mother's side, told him that Jabir ibn Atik had told him that the Messenger of Allah, may Allah bless him and grant him peace, came to visit Abdullah ibn Thabit and found him in his death-throes. He called to him but he did not reply. The Messenger of Allah, may Allah bless him and grant him peace, said, "We belong to Allah, and to Him we are returning," and added, "You are being taken from us, Abur-Rabi`." The women cried out and wept, and Jabir began to silence them. The Messenger of Allah, may Allah bless him and grant him peace, said, "Leave them, and when the necessary time comes, none of the women should cry." They said, "Messenger of Allah, what is the necessary time?" and he replied, "When he dies." The dying man's daughter said, "By Allah, I hope that you will be a martyr, for you have completed your preparations for battle," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah has made his reward fall according to his intention. What do you consider dying a martyr to be?" They said, "Death in the way of Allah." The Messenger of Allah, may Allah bless him and grant him peace, said, "There are seven kinds of martyr other than those killed in the way of Allah. Someone who is killed by the plague is a martyr, someone who drowns is a martyr, someone who dies of pleurisy is a martyr, someone who dies of a disease of the belly is a martyr, someone who dies by fire is a martyr, someone who dies under a falling building is a martyr and a woman who dies in childbirth is a martyr."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and ...