When we reached (Hudaibiya) in the next year (of the treaty of Hudaibiya), not even two men amongst us agreed unanimously as to which was the tree under which we had given the pledge of allegiance, and that was out of Allah's Mercy. (The sub narrator asked Naf'i, "For what did the Prophet take their pledge of allegiance, was it for death?" Naf'i replied "No, but he took their pledge of allegiance for patience.")

Allah's Apostle pointed with his hand towards Yemen and said, "(True) Belief is Yemenite, towards here (i.e. the Yemenite, had True Belief and embraced Islam readily). Certainly sternness and mercilessness are the qualities of those who are loud and at the base of the tails of camels, where the two horns of Satan will appear. Such qualities belong to the tribes of Rabi`a and Mudar."

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."

By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."

The Prophet (saws) said: The Caliphate of Prophecy will last thirty years; then Allah will give the Kingdom of His Kingdom to anyone He wills.

Sa'id told that Safinah said to him: Calculate Abu Bakr's caliphate as two years, 'Umar's as ten, 'Uthman's as twelve and 'Ali so and so. Sa'id said: I said to Safinah: They conceive that 'Ali was not a caliph. He replied: The buttocks of Marwan told a lie.

I heard the Messenger of Allah (saws) say: A human being has three hundred and sixty joints for each of which he must give alms. The people asked him: Who is capable of doing this ? He replied: It may be mucus in the mosque which you bury, and something which you remove from the road; but if you do not find such, two rak'ahs in the forenoon will be sufficient for you.

`Ali said, "I will be the first to kneel before the Beneficent on the Day of Resurrection because of the dispute." Qais said; This Verse: 'These two opponents (believers and disbelievers dispute with each other about their Lord,' (22.19) was revealed in connection with those who came out for the Battle of Badr, i.e. `Ali, Hamza, 'Ubaida, Shaiba bin Rabi`a, `Utba bin Rabi`a and Al-Walid bin `Utba.

Once the Prophet fell ill and did not offer the night prayer (Tahajjud prayer) for a night or two. A woman (the wife of Abu Lahab) came to him and said, "O Muhammad ! I do not see but that your Satan has left you." Then Allah revealed (Surat-Ad-Duha): 'By the fore-noon, and by the night when it darkens (or is still); Your Lord has not forsaken you, nor hated you.' (93)

A man was reciting Surat Al-Kahf and his horse was tied with two ropes beside him. A cloud came down and spread over that man, and it kept on coming closer and closer to him till his horse started jumping (as if afraid of something). When it was morning, the man came to the Prophet, and told him of that experience. The Prophet said, "That was As-Sakina (tranquility) which descended because of (the recitation of) the Qur'an."

The Prophet said: "While I was walking in Paradise (on the night of Mi'raj), I saw a river, on the two banks of which there were tents made of hollow pearls. I asked, "What is this, O Gabriel?' He said, 'That is the Kauthar which Your Lord has given to you.' Behold! Its scent or its mud was sharp smelling musk!" (The sub-narrator, Hudba is in doubt as to the correct expression. )

Allah's Apostle used to pray eleven rak`at at night and that was his night prayer and each of his prostrations lasted for a period enough for one of you to recite fifty verses before Allah's Apostle raised his head. He also used to pray two rak`at (Sunnah) before the (compulsory) Fajr prayer and then lie down on his right side till the Mu'adh-dhin came to him for the prayer.

Allah's Apostle used to offer eleven rak`at and that was his prayer. He used to prolong the prostration to such an extent that one could recite fifty verses (of the Qur'an) before he would lift his head. He used to pray two rak`at (Sunna) before the Fajr prayer and then used to lie down on his right side till the call-maker came and informed him about the prayer.

The Prophet collected every two martyrs of Uhud (in one grave) and then he would ask, "Which of them knew the Qur'an more?" And if one of them was pointed out for him as having more knowledge, he would put him first in the Lahd. The Prophet said, "I will be a witness on these on the Day of Resurrection." Then he ordered them to be buried with their blood on their bodies and he did not have them washed.

In the lifetime of the Prophet we used to give one Sa' of food or one Sa' of dates or one Sa' of barley or one Sa' of Raisins (dried grapes) as Sadaqat-ul-Fitr. And when Muawiya became the Caliph and the wheat was (available in abundance) he said, "I think (observe) that one Mudd (of wheat) equals two Mudds (of any of the above mentioned things).

The Prophet came out to inform us about the Night of Qadr but two Muslims were quarreling with each other. So, the Prophet said, "I came out to inform you about the Night of Qadr but such-and-such persons were quarreling, so the news about it had been taken away; yet that might be for your own good, so search for it on the 29th, 27th and 25th (of Ramadan).

Ibn Abbas (Allah be pleased with them) reported that Allah's Apostle (may peace be upon him) made al-Fadl sit behind him (on the camel back) from the place (where the two prayers) are combined (Muzdalifa). Ibn Abbas (Allah be pleased with them) also informed that Allah's Apostle (may peace be upon him) did not stop pronouncing Talbiya till he threw pebbles at Jamrat al-'Aqaba.

"I heard the Messenger of Allah (saws) saying, 'There are two eyes that shall not be touched by the Fire: An eye that wept from the fear of Allah, and an eye that spent the night standing on guard in the cause of Allah."

[Abu 'Eisa said:] There are narrations on this topic from 'Uthman and Abu Raihanah.

The Hadith of Ibn 'Abbas is a Hasan Gharib Hadith, we do not know of it except through the narration of Shu'aib bin Ruzaiq.

That the Prophet (saws) said: "Whoever fought in the cause of Allah - a Muslim man - for the time it takes for two milkings of a camel, then Paradise is obligatory for him. And whoever suffered a wound in the cause of Allah, or he suffers from an injury, then he will come on the Day of Resurrection while (his blood will be) more copius that it ever was, its color the color of saffron, and its scent like that of musk."

This Hadith is Sahih.

The day of Bu'ath (i.e. Day of fighting between the two tribes of the Ansar, the Aus and Khazraj) was brought about by Allah for the good of His Apostle so that when Allah's Apostle reached (Medina), the tribes of Medina had already divided and their chiefs had been killed and wounded. So Allah had brought about the battle for the good of H is Apostle in order that they (i.e. the Ansar) might embrace Islam.

That once Abu Bakr came to her on the day of `Id-ul-Fitr or `Id ul Adha while the Prophet was with her and there were two girl singers with her, singing songs of the Ansar about the day of Buath. Abu Bakr said twice. "Musical instrument of Satan!" But the Prophet said, "Leave them Abu Bakr, for every nation has an `Id (i.e. festival) and this day is our `Id."

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Abu Murra, the mawla of Aqil ibn Abi Talib from Abu Waqid al-Laythi that the Messenger of Allah, may Allah bless him and grant him peace, was sitting in the mosque with some people when three people came in. Two came toward the Messenger of Allah, may Allah bless him and grant him peace, and one went away. When the two stopped at the assembly of the Messenger of Allah, may Allah bless him and grant him peace, they gave the greeting. One of them saw a gap in the circle and sat in it. The other sat down behind the circle. The third turned away and left. When the Messenger of Allah, may Allah bless him and grant him peace, finished, he said, "Shall I tell you about three people? One of them sought shelter with Allah, so Allah gave him shelter. The other was shy, so Allah was shy to him. The other turned away, so Allah turned away from him."

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

The Prophet used to stay (for a period) in the house of Zainab bint Jahsh (one of the wives of the Prophet ) and he used to drink honey in her house. Hafsa and I decided that when the Prophet entered upon either of us, she would say, "I smell in you the bad smell of Maghafir (a bad smelling raisin). Have you eaten Maghafir?" When he entered upon one of us, she said that to him. He replied (to her), "No, but I have drunk honey in the house of Zainab bint Jahsh, and I will never drink it again." Then the following verse was revealed: 'O Prophet ! Why do you ban (for you) that which Allah has made lawful for you?. ..(up to) If you two (wives of the Prophet turn in repentance to Allah.' (66.1-4) The two were `Aisha and Hafsa And also the Statement of Allah: 'And (Remember) when the Prophet disclosed a matter in confidence to one of his wives!' (66.3) i.e., his saying, "But I have drunk honey." Hisham said: It also meant his saying, "I will not drink anymore, and I have taken an oath, so do not inform anybody of that."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Amr ibn Hazm that he had heard Abbad ibn Tamim say that he had heard Abdullah ibn Zayd al-Mazini say, "The Messenger of Allah, may Allah bless him and grant him peace, came out to the place of prayer and asked for rain, and when he faced the qibla he turned his cloak inside out."

Malik was asked how many rakas there were in the prayer of asking for rain and he said, "Two rakas, and the imam does the prayer before he gives the khutba. He prays two rakas, and then he gives a khutba and makes dua, facing the qibla and turning his cloak inside out. He recites out loud in both rakas, and when he turns his cloak inside out he puts what is on his right on his left, and what is on his left on his right, and all the people turn their cloaks inside out when the imam does so, and face the qibla, sitting."

The Prophet prayed (and the sub-narrator Ibrahim said, "I do not know whether he prayed more or less than usual"), and when he had finished the prayers he was asked, "O Allah's Apostle! Has there been any change in the prayers?" He said, "What is it?' The people said, "You have prayed so much and so much." So the Prophet bent his legs, faced the Qibla and performed two prostration's (of Sahu) and finished his prayers with Taslim (by turning his face to right and left saying: 'As-Salamu `Alaikum- Warahmat-ullah'). When he turned his face to us he said, "If there had been anything changed in the prayer, surely I would have informed you but I am a human being like you and liable to forget like you. So if I forget remind me and if anyone of you is doubtful about his prayer, he should follow what he thinks to be correct and complete his prayer accordingly and finish it and do two prostrations (of Sahu).