Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."

Yahya said that he heard Malik speak about a man who died and left properties in Aliya and Safila (outlying districts of Madina). He said, "Unirrigated naturally watered land is not in the same category as irrigated land unless the family are satisfied with that. Unirrigated land is only in the same category as land with a spring when it resembles it. When the properties are in one land, and are close together, each individual property is evaluated and then divided between the heirs. Dwellings and houses are in the same position."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

Abu Dawud said: A dumb animal means an animal which is free and has not tether, and there is no one (as a watchman) with it. It causes harm by day and not by night.

The Prophet said, "Traveling is a kind of torture as it prevents one from eating, drinking and sleeping properly. So, when one's needs are fulfilled, one should return quickly to one's family."

Ibn Jurayj said: Ata' told me that he saw Ibn Umar pray after the Friday prayer. He moved a little from the place where he offered the Friday prayer. Then he would pray two rak'ahs. He then walked far away from that place and would offer four rak'ahs. I asked Ata': How many times did you see Ibn Umar do that? He replied: Many times. AbuDawud said: This has been narrated by AbdulMalik ibn AbuSulayman, but did not narrate it completely.

The Prophet said, "I saw in a dream that I was migrating from Mecca to a land where there were date palm trees. I thought that it might be the land of Al-Yamama or Hajar, but behold, it turned out to be Yathrib (i.e. Medina). And I saw cows (being slaughtered) there, but the reward given by Allah is better (than worldly benefits). Behold, those cows proved to symbolize the believers (who were killed) on the Day (of the battle) of Uhud, and the good (which I saw in the dream) was the good and the reward and the truth which Allah bestowed upon us after the Badr battle. (or the Battle of Uhud) and that was the victory bestowed by Allah in the Battle of Khaibar and the conquest of Mecca) .

Malik related to me from Amr ibn Yahya al-Mazini from his father that ad-Dahhak ibn Khalifa watered his irrigation ditch from a large source of water. He wanted to have it pass through the land of Muhammad ibn Maslama, and Muhammad refused. Ad-Dahhak said to him, "Why do you prevent me? It will benefit you. You can drink from it first and last and it will not harm you." Muhammed refused so ad- Dahhak spoke about it to Umar ibn al-Khattab, and Umar ibn al-Khattab summoned Muhammad ibn Maslama and ordered him to clear the way. Muhammad said, "No." Umar said, "Why do you prevent your brother from what will benefit him and is also useful for you? You will take water from it first and last and it will not harm you."

Muhammad said, "No, by Allah!" Umar said, "By Allah, he will pass it through, even if it is over your belly!" Umar ordered him to allow its passage and ad-Dahhak did so.

My father said, "I heard Allah's Apostle saying, 'The period of your stay as compared to the previous nations is like the period equal to the time between the `Asr prayer and sunset. The people of the Torah were given the Torah and they acted (upon it) till midday then they were exhausted and were given one Qirat (of gold) each. And then the people of the Gospel were given the Gospel and they acted (upon it) till the `Asr prayer then they were exhausted and were! given one Qirat each. And then we were given the Qur'an and we acted (upon it) till sunset and we were given two Qirats each. On that the people of both the scriptures said, 'O our Lord! You have given them two Qirats and given us one Qirat, though we have worked more than they.' Allah said, 'Have I usurped some of your right?' They said, 'No.' Allah said: "That is my blessing I bestow upon whomsoever I wish."

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."

There was a dispute amongst the people of the tribe of Bani `Amr bin `Auf. The Prophet went to them along with some of his companions in order to make peace between them. The time for the prayer became due but the Prophet did not turn up; Bilal pronounced the Adhan (i.e. call) for the prayer but the Prophet did not turn up, so Bilal went to Abu Bakr and said, "The time for the prayer is due and the Prophet i detained, would you lead the people in the prayer?" Abu Bakr replied, "Yes, you wish." So, Bilal pronounced the Iqama of the prayer and Abu Bakr went ahead (to lead the prayer), but the Prophet came walking among the rows till he joined the first row. The people started clapping and they clapped too much, and Abu Bakr used not to look hither and thither in the prayer, but he turned round and saw the Prophet standing behind him. The Prophet beckoned him with his hand to keep on praying where he was. Abu Bakr raised his hand and praised Allah and then retreated till he came in the (first) row, and the Prophet went ahead and lead the people in the prayer. When the Prophet finished the prayer, he turned towards the people and said, "O people! When something happens to you during the prayer, you start clapping. Really clapping is (permissible) for women only. If something happens to one of you in his prayer, he should say: 'Subhan Allah', (Glorified be Allah), for whoever hears him (saying so) will direct his attention towards him. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned to you (to continue)?" Abu Bakr replied, "It did not befit the son of Abu Quhafa to lead the prayer in front of the Prophet.

One night the Prophet woke up, saying, "None has the right to be worshipped but Allah! How many afflictions have been sent down tonight, and how many treasures have been sent down (disclosed)! Who will go and wake up (for prayers) the lady dwellers of these rooms? Many well dressed soul (people) in this world, will be naked on the Day of Resurrection."

Yahya related to me from Malik that Thawr ibn Zayd ad-Dili said, "I heard that the Messenger of Allah, may Allah bless him and grant him peace, said, 'A house or land that has been divided in the Jahiliyya, it is according to the division of the Jahiliyya. A house or land which has not been divided before the coming of Islam is divided according to Islam.' "

The Prophet (saws) said: It will turn out that you will be armed troops, one is Syria, one in the Yemen and one in Iraq. Ibn Hawalah said: Choose for me, Messenger of Allah, if I reach that time. He replied: Go to Syria, for it is Allah's chosen land, to which his best servants will be gathered, but if you are unwilling, go to your Yemen, and draw water from your tanks, for Allah has on my account taken special charge of Syria and its people.

Yahya related to me, and I (myself) heard Malik say, "The best that I have heard about some one who has to fast for two consecutive months because of having killed someone by mistake or having pronounced the dhihar form of divorce, becoming very ill and having to break his fast, is that if he recovers from his illness and is strong enough to fast, he must not delay doing so. He continues his fast from where he left off.

Similarly, a woman who has to fast because of having killed some one by mistake should not delay resuming her fast when she has become pure after her period. She continues her fast from where she left off.

No one who, by the Book of Allah, has to fast for two consecutive months may break his fast except for a reason - illness or menstruation. He must not travel and break his fast."

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

The Prophet (saws) said: A neighbour has the best claim to the house or land of the neighbour.

The Prophet concluded a contract with the people of Khaibar to utilize the land on the condition that half the products of fruits or vegetation would be their share. The Prophet used to give his wives one hundred Wasqs each, eighty Wasqs of dates and twenty Wasqs of barley. (When `Umar became the Caliph) he gave the wives of the Prophet the option of either having the land and water as their shares, or carrying on the previous practice. Some of them chose the land and some chose the Wasqs, and `Aisha chose the land.

I went to Abu Wail to ask him (about those who had rebelled against `Ali). On that Abu Wail said, "We were at Siffin (a city on the bank of the Euphrates, the place where me battle took place between `Ali and Muawiya) A man said, "Will you be on the side of those who are called to consult Allah's Book (to settle the dispute)?" `Ali said, 'Yes (I agree that we should settle the matter in the light of the Qur'an)." ' Some people objected to `Ali's agreement and wanted to fight. On that Sahl bin Hunaif said, 'Blame yourselves! I remember how, on the day of Al-Hudaibiya (i.e. the peace treaty between the Prophet and the Quraish pagans), if we had been allowed to choose fighting, we would have fought (the pagans). At that time `Umar came (to the Prophet) and said, "Aren't we on the right (path) and they (pagans) in the wrong? Won't our killed persons go to Paradise, and theirs in the Fire?" The Prophet replied, "Yes." `Umar further said, "Then why should we let our religion be degraded and return before Allah has settled the matter between us?" The Prophet said, "O the son of Al-Khattab! No doubt, I am Allah's Apostle and Allah will never neglect me." So `Umar left the place angrily and he was so impatient that he went to Abu Bakr and said, "O Abu Bakr! Aren't we on the right (path) and they (pagans) on the wrong?" Abu Bakr said, "O the son of Al-Khattab! He is Allah's Apostle, and Allah will never neglect him." Then Sura Al-Fath (The Victory) was revealed."

Allah's Apostle came to Mecca through its higher region on the day of the Conquest (of Mecca) riding his she-camel on which Usama was riding behind him. Bilal and `Uthman bin Talha, one of the servants of the Ka`ba, were also accompanying him till he made his camel kneel in the mosque and ordered the latter to bring the key of the Ka`ba. He opened the door of the Ka`ba and Allah's Apostle entered in the company of Usama, Bilal and `Uthman, and stayed in it for a long period. When he came out, the people rushed to it, and `Abdullah bin `Umar was the first to enter it and found Bilal standing behind the door. He asked Bilal, "Where did the Prophet offer his prayer?" He pointed to the place where he had offered his prayer. `Abdullah said, "I forgot to ask him how many rak`at he had performed."

The Messenger of Allah (saws) addressed us and said: Is here any one of such and such tribe present? But no one replied.

He again asked: Is here any one of such and such tribe present? But no one replied.

He again asked: Is here any one of such and such tribe?

Then a man stood and said: I am (here), Messenger of Allah.

He said: What prevented you from replying the first two times? I wish to tell you something good.

Your companion has been detained (from entering Paradise) on account of his debt. Then I saw him that he paid off all his debt on his behalf and there remained no one to demand from him anything.

Abu Dawud said: The name of the narrator Sam'an is Sam'an b. Mushannaj.

When the time of the death of the Prophet approached while there were some men in the house, and among them was `Umar bin Al-Khatttab, the Prophet said, "Come near let me write for you a writing after which you will never go astray." `Umar said, "The Prophet is seriously ill, and you have the Qur'an, so Allah's Book is sufficient for us." The people in the house differed and disputed. Some of them said, "Come near so that Allah's Apostle may write for you a writing after which you will not go astray," while some of them said what `Umar said. When they made much noise and differed greatly before the Prophet, he said to them, "Go away and leave me." Ibn `Abbas used to say, "It was a great disaster that their difference and noise prevented Allah's Apostle from writing that writing for them.

Ibn `Abbas said, "When Allah's Apostle was on his deathbed and there were some men in the house, he said, 'Come near, I will write for you something after which you will not go astray.' Some of them ( i.e. his companions) said, 'Allah's Apostle is seriously ill and you have the (Holy) Qur'an. Allah's Book is sufficient for us.' So the people in the house differed and started disputing. Some of them said, 'Give him writing material so that he may write for you something after which you will not go astray.' while the others said the other way round. So when their talk and differences increased, Allah's Apostle said, "Get up." Ibn `Abbas used to say, "No doubt, it was very unfortunate (a great disaster) that Allah's Apostle was prevented from writing for them that writing because of their differences and noise."

Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit until it had become mellow. He was asked, "Messenger ofAllah! What do you mean by become mellow?" He said, "When it becomes rosy."

The Messenger of Allah, may Allah bless him and grant him peace, added, "Allah may prevent the fruit from maturing, so how can you take payment from your brother for it."

Allah's Apostle said, "If somebody takes a false oath in order to get the property of a Muslim (unjustly) by that oath, then Allah will be angry with him when he will meet Him." Al-Ash'ath informed me, "By Allah! This was said regarding me. There was a dispute about a piece of land between me and a man from the Jews who denied my right. I took him to the Prophet. Allah's Apostle asked me, 'Do you have an evidence?' I replied in the negative. He said to the Jew, 'Take an oath.' I said, 'O Allah's Apostle! He will surely take an oath and take my property unjustly." So, Allah revealed: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . " (3.77)

That Arwa sued him before Marwan for a right, which she claimed, he had deprived her of. On that Sa`id said, "How should I deprive her of her right? I testify that I heard Allah's Apostle saying, 'If anyone takes a span of land unjustly, his neck will be encircled with it down seven earths on the Day of Resurrection."

I asked Anas how many times the Prophet had performed `Umra. He replied, "Four times. 1. `Umra of Hudaibiya in Dhi-l-Qa'da when the pagans hindered him; 2. `Umra in the following year in Dhi-l- Qa'da after the peace treaty with them (the pagans); 3. `Umra from Al-Ja'rana where he distributed the war booty." I think he meant the booty (of the battle) of Hunain. I asked, "How many times did he perform Hajj?" He (Anas) replied, "Once. "

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab used to say, "O Allah! Do not let me be slain by the hand of a man who has prayed a single prostration to You with which he will dispute with me before You on the Day of Rising!"

(the wife of the Prophet) Allah's Apostle woke up one night in a state of terror and said, "Subhan Allah, How many treasures Allah has sent down! And how many afflictions have been sent down! Who will go and wake the lady dwellers (wives of the Prophet) up of these rooms (for prayers)?" He meant his wives, so that they might pray. He added, "A well-dressed (soul) in this world may be naked in the Hereafter."

AbuRafi' came to us from the Messenger of Allah (saws) said: The Messenger of Allah (saws) forbade us from a work which benefited us; but obedience to Allah and His Apostle (saws) is more beneficial to us. He forbade that one of us cultivates land except the one which he owns or the land which a man lends him (to cultivate).

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."

Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."

The Prophet said, "If while you are praying, somebody intends to pass in front of you, prevent him; and should he insist, prevent him again; and if he insists again, fight with him (i.e. prevent him violently e.g. pushing him violently), because such a person is (like) a devil."

Allah's Apostle said, "A man bought a piece of land from another man, and the buyer found an earthenware jar filled with gold in the land. The buyer said to the seller. 'Take your gold, as I have bought only the land from you, but I have not bought the gold from you.' The (former) owner of the land said, "I have sold you the land with everything in it.' So both of them took their case before a man who asked, 'Do you have children?' One of them said, "I have a boy.' The other said, "I have a girl.' The man said, 'Marry the girl to the boy and spend the money on both of them and give the rest of it in charity.'"

Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The angels ask for blessings on each one of you as long as he is in the place where he has prayed and has not discharged anything. They say, 'Allah, forgive him. Allah have mercy on him.' "