Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his deen - strike his neck!"

The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that "if someone changes his deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best!

I heard the Messenger of Allah (saws) say: In eloquence there is magic, in knowledge ignorance, in poetry wisdom, and in speech heaviness.

Sa'sa'ah ibn Suhan said: The Prophet of Allah (saws) spoke the truth. His statement "In eloquence there is magic" means: (For example), there is a right due from a man who is more eloquent in reasoning than the man who is demanding his right. He (the defendant) charms the people by his speech and takes away his right. His statement "In knowledge there is ignorance" means: A scholar brings to his knowledge what he does not know, and thus he becomes ignorant of that. His statement "In poetry there is wisdom" means: These are the sermons and examples by which people receive admonition. His statement "In speech there is heaviness" means: That you present your speech and your talk to a man who is not capable of understanding it, and who does not want it.

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of ...

Allah's Apostle said, "Your period (i.e. the Muslims' period) in comparison to the periods of the previous nations, is like the period between the `Asr prayer and sunset. And your example in comparison to the Jews and the Christians is like the example of a person who employed some laborers and asked them, 'Who will work for me till midday for one Qirat each?' The Jews worked for half a day for one Qirat each. The person asked, 'Who will do the work for me from midday to the time of the `Asr (prayer) for one Qirat each?' The Christians worked from midday till the `Asr prayer for one Qirat. Then the person asked, 'Who will do the work for me from the `Asr till sunset for two Qirats each?' " The Prophet added, "It is you (i.e. Muslims) who are doing the work from the `Asr till sunset, so you will have a double reward. The Jews and the Christians got angry and said, 'We have done more work but got less wages.' Allah said, 'Have I been unjust to you as regards your rights?' They said, 'No.' So Allah said, 'Then it is My Blessing which I bestow on whomever I like. "

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

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

The Prophet (saws) said: If anyone wants to put a ring of fire on one he loves, let him put a gold ring on him: if anyone wants to put a necklace of fire on one he loves, let him put a gold necklace on him, and if anyone wants to put a bracelet of fire on one he loves let him put a gold bracelet on him. Keep to silver and amuse yourselves with it.

There was a man who fought most bravely of all the Muslims on behalf of the Muslims in a battle (Ghazwa) in the company of the Prophet. The Prophet looked at him and said. "If anyone would like to see a man from the people of the Fire, let him look at this (brave man)." On that, a man from the People (Muslims) followed him, and he was in that state i.e., fighting fiercely against the pagans till he was wounded, and then he hastened to end his life by placing his sword between his breasts (and pressed it with great force) till it came out between his shoulders. Then the man (who was watching that person) went quickly to the Prophet and said, "I testify that you are Allah's Apostle!" The Prophet asked him, "Why do you say that?" He said, "You said about so-and-so, 'If anyone would like to see a man from the people of the Fire, he should look at him.' He fought most bravely of all of us on behalf of the Muslims and I knew that he would not die as a Muslim (Martyr). So when he got wounded, he hastened to die and committed suicide." There-upon the Prophet said, "A man may do the deeds of the people of the Fire while in fact he is one of the people of Paradise, and he may do the deeds of the people of Paradise while in fact he belongs to the people of Fire, and verily, (the rewards of) the deeds are decided by the last actions (deeds)".

When `Umar was stabbed, he showed signs of agony. Ibn `Abbas, as if intending to encourage `Umar, said to him, "O Chief of the believers! Never mind what has happened to you, for you have been in the company of Allah's Apostle and you kept good relations with him and you parted with him while he was pleased with you. Then you were in the company of Abu Bakr and kept good relations with him and you parted with him (i.e. he died) while he was pleased with you. Then you were in the company of the Muslims, and you kept good relations with them, and if you leave them, you will leave them while they are pleased with you." `Umar said, (to Ibn "Abbas), "As for what you have said about the company of Allah's Apostle and his being pleased with me, it is a favor, Allah did to me; and as for what you have said about the company of Abu Bakr and his being pleased with me, it is a favor Allah did to me; and concerning my impatience which you see, is because of you and your companions. By Allah! If (at all) I had gold equal to the earth, I would have ransomed myself with it from the Punishment of Allah before I meet Him."

While the Prophet was in a funeral procession. he picked up something and started scraping the ground with it, and said, "There is none among you but has his place written for him either in the Hell Fire or in Paradise." They said, "O Allah's Apostle! Shall we not depend upon what has been written for us and give up deeds? He said, "Carry on doing (good) deeds, for everybody will find easy to do such deeds as will lead him to his destined place for which he has been created. So he who is destined to be among the happy (in the Hereafter), will find it easy to do the deeds characteristic of such people, while he who is destined to be among the miserable ones, will find it easy to do the deeds characteristic of such people." Then he recited: 'As for him who gives (in charity) and fears Allah, and believes in the best....' (92.5-10)

The Prophet said, "Your life in comparison to the lifetime of the past nations is like the period between the time of `Asr prayer and sunset. Your example and the example of the Jews and Christians is that of person who employed laborers and said to them, "Who will work for me till the middle of the day for one Qirat (a special weight)?' The Jews did. He then said, "Who will work for me from the middle of the day till the `Asr prayer for one Qirat each?" The Christians worked accordingly. Then you (Muslims) are working from the `Asr prayer till the Maghrib prayer for two Qirats each. They (the Jews and the Christians) said, 'We did more labor but took less wages.' He (Allah) said, 'Have I wronged you in your rights?' They replied, 'No.' Then He said, 'This is My Blessing which I give to whom I wish."

The Prophet said, "Your example and the example of the people of the two Scriptures (i.e. Jews and Christians) is like the example of a man who employed some laborers and asked them, 'Who will work for me from morning till midday for one Qirat?' The Jews accepted and carried out the work. He then asked, Who will work for me from midday up to the `Asr prayer for one Qirat?' The Christians accepted and fulfilled the work. He then said, 'Who will work for me from the `Asr till sunset for two Qirats?' You, Muslims have accepted the offer. The Jews and the Christians got angry and said, 'Why should we work more and get lesser wages?' (Allah) said, 'Have I withheld part of your right?' They replied in the negative. He said, 'It is My Blessing, I bestow upon whomever I wish .'

The Prophet used to seek refuge with Allah (by saying), "O Allah! I seek refuge with You from the affliction of the Fire and from the punishment in the Fire, and seek refuge with You from the affliction of the grave, and I seek refuge with You from the affliction of wealth, and I seek refuge with You from the affliction of poverty, and seek refuge with You from the affliction of Al-Masih Ad-Dajjal."

Yahya related to me from Malik that Yahya ibn Said said, "I have heard that the first of the actions of a slave to be considered on the day of rising is the prayer. If it is accepted from him, the rest of his actions will be considered, and if it is not accepted from him, none of his actions will be considered."

Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

Malik related to me from Hisham ibn Urwa that his father used to rent out his land for gold and silver.

Malik was asked about a man who rented his field for 100 sa of dates or part of its produce of wheat or from other than its produce. He disapproved of that.

The Messenger of Allah (saws) said: Neither vomiting, nor emission, nor cupping breaks the fast of the one who is fasting.

The Prophet (saws) said: If anyone eats food and then says: "Praise be to Allah Who has fed me with this food and provided me with it through no might and power on my part," he will be forgiven his former and later sins. If anyone puts on a garment and says: "Praise be to Allah Who has clothed me with this and provided me with it through no might and power on my part," he will be forgiven his former and later sins.

While we were sitting in the company of the Prophet a woman came to him and presented herself (for marriage) to him. The Prophet looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, "Marry her to me O Allah's Apostle!" The Prophet asked (him), "Have you got anything?" He said, "I have got nothing." The Prophet said, "Not even an iron ring?" He Sa`d, "Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half." The Prophet; said, "No. Do you know some of the Qur'an (by heart)?" He said, "Yes." The Prophet said, "Go, I have agreed to marry her to you with what you know of the Qur'an (as her Mahr)."

Abu Dawud said: In this way Hashim al-dastawa’I transmitted it from Qatadah, but he said : “If anyone memorizes the closing verses of surat al-Kahf.” Shu’bah narrated from Qatadah the words “from the end of al-Kahf.

During the last Hajj (Hajj-al-Wada`) of Allah's Apostle he performed `Umra and Hajj. He drove a Hadi along with him from Dhul-Hulaifa. Allah's Apostle started by assuming Ihram for `Umra and Hajj. And the people, too, performed the `Umra and Hajj along with the Prophet. Some of them brought the Hadi and drove it along with them, while the others did not. So, when the Prophet arrived at Mecca. he said to the people, "Whoever among you has driven the Hadi, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hadi with him, should perform Tawaf of the Ka`ba and the Tawaf between Safa and Marwa, then cut short his hair and finish his Ihram, and should later assume Ihram for Hajj; but he must offer a Hadi (sacrifice); and if anyone cannot afford a Hadi, he should fast for three days during the Hajj and seven days when he returns home. The Prophet performed Tawaf of the Ka`ba on his arrival (at Mecca); he touched the (Black Stone) corner first of all and then did Ramal (fast walking with moving of the shoulders) during the first three rounds round the Ka`ba, and during the last four rounds he walked. After finishing Tawaf of the Ka`ba, he offered a two rak`at prayer at Maqam Ibrahim, and after finishing the prayer he went to Safa and Marwa and performed seven rounds of Tawaf between them and did not do any deed forbidden because of Ihram, till he finished all the ceremonies of his Hajj and sacrificed his Hadi on the day of Nahr (10th day of Dhul-Hijja). He then hastened onwards (to Mecca) and performed Tawaf of the Ka`ba and then everything that was forbidden because of Ihram became permissible. Those who took and drove the Hadi with them did the same as Allah's Apostle did.

The Prophet said, "The example of guidance and knowledge with which Allah has sent me is like abundant rain falling on the earth, some of which was fertile soil that absorbed rain water and brought forth vegetation and grass in abundance. (And) another portion of it was hard and held the rain water and Allah benefited the people with it and they utilized it for drinking, making their animals drink from it and for irrigation of the land for cultivation. (And) a portion of it was barren which could neither hold the water nor bring forth vegetation (then that land gave no benefits). The first is the example of the person who comprehends Allah's religion and gets benefit (from the knowledge) which Allah has revealed through me (the Prophets and learns and then teaches others. The last example is that of a person who does not care for it and does not take Allah's guidance revealed through me (He is like that barren land.)"

The Prophet (saws) said: from grapes wine is made, from dried dates wine is made, from honey wine is made, from wheat wine is made, from barley wine is made.

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one calls to guidance without having the same reward as those who follow him without diminishing their rewards at all. And no one calls to error without having the same burdens as they do without diminishing their burdens at all."

The Prophet said, "If one manumits his share of a common slave (Abd), and he has money sufficient to free the remaining portion of the price of the slave (justly estimated), then he should free the slave completely by paying the rest of his price; otherwise the slave is freed partly. "