Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested ...

The Prophet employed Ibn Al-Utbiyya to collect Zakat from Bani Sulaim, and when he returned (with the money) to Allah's Apostle the Prophet called him to account, and he said, "This (amount) is for you, and this was given to me as a present." Allah's Apostle said, "Why don't you stay at your father's house or your mother's house to see whether you will be given gifts or not, if you are telling the truth?" Then Allah's Apostle stood up and addressed the people, and after glorifying and praising Allah, he said: Amma Ba'du (then after) I employ some men from among you for some job which Allah has placed in my charge, and then one of you comes to me and says, 'This (amount) is for you and this is a gift given to me.' Why doesn't he stay at the house of his father or the house of his mother and see whether he will be given gifts or not if he was telling the truth by Allah, none of you takes anything of it (i.e., Zakat) for himself (Hisham added: unlawfully) but he will meet Allah on the Day of Resurrection carrying it on his neck! I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah." Then the Prophet raised both his hands till I saw the whiteness of his armpits, and said, "(No doubt)! Haven't I conveyed Allah's Message!"

(from the companions of Allah's Apostle) When Suhail bin `Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet agreed to that condition and returned Abu Jandal to his father Suhail bin `Amr. Thenceforward the Prophet returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kulthum bint `Uqba bin Abu Muait who came to Allah's Apostle and she was a young lady then. Her relative came to the Prophet and asked him to return her, but the Prophet did not return her to them for Allah had revealed the following Verse regarding women: "O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)

That his father said, "In the year of the last Hajj of the Prophet I became seriously ill and the Prophet used to visit me inquiring about my health. I told him, 'I am reduced to this state because of illness and I am wealthy and have no inheritors except a daughter, (In this narration the name of 'Amir bin Sa`d is mentioned and in fact it is a mistake; the narrator is `Aisha bint Sa`d bin Abi Waqqas). Should I give two-thirds of my property in charity?' He said, 'No.' I asked, 'Half?' He said, 'No.' then he added, 'Onethird, and even one-third is much. You'd better leave your inheritors wealthy rather than leaving them poor, begging others. You will get a reward for whatever you spend for Allah's sake, even for what you put in your wife's mouth.' I said, 'O Allah's Apostle! Will I be left alone after my companions have gone?' He said, 'If you are left behind, whatever good deeds you will do will upgrade you and raise you high. And perhaps you will have a long life so that some people will be benefited by you while others will be harmed by you. O Allah! Complete the emigration of my companions and do not turn them renegades.' But Allah's Apostle felt sorry for poor Sa`d bin Khaula as he died in Mecca." (but Sa`d bin Abi Waqqas lived long after the Prophet (p.b.u.h).)

When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."

The Prophet visited me during Hajjat ul-Wada` while I was suffering from a disease which brought me to the verge of death. I said, "O Allah's Apostle! My ailment has reached such a (bad) state as you see, and I have much wealth, but I have no-one to inherit from me except my only daughter. Shall I give 2/3 of my property as alms (in charity)?" The Prophet said, "No," I said, "Shall I give half of my property as alms?" He said, "No." I said, "(Shall I give) 1/3 of it? " He replied, " 1/3, and even 1/3 is too much. It is better for you to leave your inheritors wealthy rather than to leave them poor, begging people (for their sustenance); and whatever you spend for Allah's Sake, you will get reward for it even for the morsel of food which you put in your wives mouth." I said, "O Allah's Apostle! Should I remain (in Mecca) behind my companions (who are going with you to Medina)?" The Prophet said, "If you remain behind, any good deed which you will do for Allah's Sake, will upgrade and elevate you. May be you will live longer so that some people may benefit by you and some other (i.e. infidels) may get harmed by you." The Prophet then added, "O Allah! Complete the Migration of my companions and do not turn them on their heels. But the poor Sa`d bin Khaula (not the above mentioned Sa`d) (died in Mecca) ." Allah's Apostle pitied Sa`d for he died in Mecca.

Abu Hurairah said “When Allah, the Exalted, granted the conquest of Makkah to his Apostle, the Prophet(saws) stood among them(the people) and praised Allaah and extolled Him. He then said, Verily Allaah stopped the Elephant from Makkah, and gave His Apostle and the believers sway upon it and it has been made lawful for me only for one hour on one day then it will remain sacred till the Day of Resurrection. Its trees are not to be cut, its game is not to be molested and the things dropped there are to be picked up only by one who publicly announces it. ‘Abbas or Al ‘Abbas suggested “Apostle of Allaah(saws) except the rush(idhkir) for it is useful for our graves and our houses. The Apostle of Allaah(saws) said “Except the rush.”

Abu Dawud said “Ibn Al Musaffa added on the authority of Al Walid Abu Shah a man from the people of the Yemen stood and said “Give me in writing, Apostle of Allaah(saws)”. The Apostle of Allaah(saws) said “Give in writing to Abu Shah. I said to Al Awza’i “What does the statement mean? Give Abu Shah in writing?” He said “This was an address which he heard from the Apostle of Allaah(saws).”

Once the people doubted the appearance of the moon of Ramadan, and intended neither to offer the tarawih prayer nor to keep fast. A bedouin came from al-Harrah and testified that he had sighted the moon. He was brought to the Prophet (saws). He asked: Do you testify that there is no god but Allah, and that I am the Messenger of Allah? He said: Yes; and he testified that he had sighted the moon. He commanded Bilal who announced to the people to offer the tarawih prayer and to keep fast.

The Prophet (saws) said: I do not ride on purple, or wear a garment dyed with saffron, or wear shirt hemmed with silk. Pointing to the collar of his shirt al-Hasan (al-Basri) said: The perfume used by men should have an odour but no colour, and the perfume used by women should have a colour but no odour.

Sa'id said: I think he said: They interpreted his tradition about perfume used by women as applying when she comes out. But when she is with her husband, she may use any perfume she wishes.

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

I asked Allah's Apostle about the plague. He said, "That was a means of torture which Allah used to send upon whom-so-ever He wished, but He made it a source of mercy for the believers, for anyone who is residing in a town in which this disease is present, and remains there and does not leave that town, but has patience and hopes for Allah's reward, and knows that nothing will befall him except what Allah has written for him, then he will get such reward as that of a martyr."

That the Messenger of Allah (saws) said: "What an excellent condiment vinegar is."

Another chain with similar except that he (saws) said: "What an excellent condiment, or, (the most excellent of) condiments is vinegar."

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib from this route. It is not known as a Hadith of Hisham bin 'Urwah except through the narration of Sulaiman bin Bilal.

Abu Dawud said: Similarly, this tradition has been narrated by Ibn Wahb from Malik, Hafs b. Maisarah, Dawud b. Qais and Hisham b. Sa'd. But Hisham projected it to Abu Sa'id al-Khudri.

Allah's Apostle said, "Whoever keeps a dog, one Qirat of the reward of his good deeds is deducted daily, unless the dog is used for guarding a farm or cattle." Abu Huraira (in another narration) said from the Prophet, "unless it is used for guarding sheep or farms, or for hunting." Narrated Abu Hazim from Abu Huraira: The Prophet said, "A dog for guarding cattle or for hunting."

Allah's Apostle said, "There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are): (1) A man possessed superfluous water on a way and he withheld it from the travelers. (2) a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and (3) a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah) claiming that he has been offered so much for the thing and the former (believes him and) buys it."

When Sahl bin Hunaif returned from (the battle of) Siffin, we went to ask him (as to why he had come back). He replied, "(You should not consider me a coward) but blame your opinions. I saw myself on the day of Abu Jandal (inclined to fight), and if I had the power of refusing the order of Allah's Apostle then, I would have refused it (and fought the infidels bravely). Allah and His Apostle know (what is convenient) better. Whenever we put our swords on our shoulders for any matter that terrified us, our swords led us to an easy agreeable solution before the present situation (of disagreement and dispute between the Muslims). When we mend the breach in one side, it opened in another, and we do not know what to do about it."

The Messenger of Allah (saws) never combined the sunset and night prayers while on a journey except once.

Abu Dawud said: This has been narrated by Ayyub from Nafi' from Ibn 'Umar as a statement of Ibn 'Umar. Ibn 'Umar was never seen combining these two prayers except on the night he was informed about the death of Safiyyah. The tradition narrated by Makhul from Nafi' indicates that he (Nafi') saw Ibn 'Umar doing so once or twice.

Abu Bakr kissed (the forehead of) the Prophet when he was dead. `Aisha added: We put medicine in one side of his mouth but he started waving us not to insert the medicine into his mouth. We said, "He dislikes the medicine as a patient usually does." But when he came to his senses he said, "Did I not forbid you to put medicine (by force) in the side of my mouth?" We said, "We thought it was just because a patient usually dislikes medicine." He said, "None of those who are in the house but will be forced to take medicine in the side of his mouth while I am watching, except Al-`Abbas, for he had not witnessed your deed."

(the wife of the Prophet) that she asked Allah's Apostle about plague, and Allah's Apostle informed her saying, "Plague was a punishment which Allah used to send on whom He wished, but Allah made it a blessing for the believers. None (among the believers) remains patient in a land in which plague has broken out and considers that nothing will befall him except what Allah has ordained for him, but that Allah will grant him a reward similar to that of a martyr."

Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

Malik added, "That is the best of what I have heard."

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

That Messenger of Allah (saws) said: "When one of you eats, then let him lick his fingers, for indeed he does not know in which of them is the blessing."

He said: There are narrations on this topic from Jabir, Ka'b bin Malik, and Anas.

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from this route, as a narration of Suhail. I asked Muhammad about this Hadith, so he said: "This is among the diverse narrations of 'Abdul-'Aziz, we do not know of it except from his narration."

[Al-Bukhari and Muslim].

I stood up to pray along with the Messenger of Allah (saws); he got up and recited Surat al-Baqarah (Surah 2).

When he came to a verse which spoke of mercy, he stopped and made supplication, and when he came to verse which spoke of punishment, he stopped and sought refuge in Allah, then he bowed and paused as long as he stood (reciting Surah al-Baqarah), and said while bowing, "Glory be to the Possessor of greatness, the Kingdom, grandeur and majesty."

:Then he prostrated himself and paused as long as he stood up and recited Surat Aal Imran (Surah 3) and then recited many surahs one after another.

When the Messenger of Allah (saws) addressed, he would say: Praise be to Allah, from Whom we seek help and pardon,and we seek refuge in Allah from the evils of our souls. He whom Allah guide has no one who can lead him astray, and he whom He leads astray has no one to guide him. And I bear witness that there is no god but Allah, and I bear witness that Muhammad is His servant and apostle. He sent him before the coming of the last hour with truth giving good tidings and warning. He who obeys Allah and His Apostle follows the right path; and he who disobeys them shall harm none except himself, and he will not harm Allah in the least.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ash-Shafi'i said: "It is not lawful for one who confers something to take it back, except in the case of the father. He may take back what he gave his son" and he used this Hadith as proof.

The delegates of the tribe of `Abdul-Qais came and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and there is the infidels of the tribe of Mudar intervening between you and us, so we cannot come to you except in the Sacred Months. So please order us some instructions that we may apply it to ourselves and also invite our people whom we left behind us to observe as well." The Prophet said, "I order you (to do) four (things) and forbid you (to do) four: I order you to believe in Allah, that is, to testify that None has the right to be worshipped but Allah (the Prophet pointed with his hand); to offer prayers perfectly; to pay Zakat; to fast the month of Ramadan, and to pay the Khumus (i.e. one-fifth) of the war booty to Allah and I forbid you to use Ad-dubba', An-Naqir, Al-Hantam and Al-Muzaffat (i.e. utensils used for preparing alcoholic drinks)." (See Hadith No. 50, Vol. 1).

That Allah's Apostle said, "Allah will not look on the Day of Judgment at him who drags his robe (behind him) out of pride." Abu Bakr said "One side of my robe slacks down unless I get very cautious about it." Allah's Apostle said, "But you do not do that with a pride."

Allah's Apostle set out with the intention of performing `Umra, but the infidels of Quraish intervened between him and the Ka`ba, so the Prophet slaughtered his Hadi (i.e. sacrificing animals and shaved his head at Al-Hudaibiya and concluded a peace treaty with them (i.e. the infidels) on condition that he would perform the `Umra the next year and that he would not carry arms against them except swords, and would not stay (in Mecca) more than what they would allow. So the Prophet performed the `Umra in the following year and according to the peace treaty, he entered Mecca, and when he had stayed there for three days, the infidels ordered him to leave, and he left.

Once we accompanied the Messenger of Allah (saws) on a journey. When we reached near Medina, the people began to say aloud: "Allah is most great," and they raised their voice.

The Messenger of Allah (saws) said: O people, you are not supplicating one who is deaf and absent, but you are supplicating One Who is nearer to you than the neck of your riding beast.

The Messenger of Allah (saws) then said: AbuMusa, should I not point out to you one of the treasures of Paradise?

I asked: What is that?

He replied: "There is no might and there is no power except in Allah"