Allah's Apostles said to me, "Will you relieve me from Dhul-Khalasa? Dhul-Khalasa was a house (of an idol) belonging to the tribe of Khath'am called Al-Ka`ba Al-Yama-niya. So, I proceeded with one hundred and fifty cavalry men from the tribe of Ahmas, who were excellent knights. It happened that I could not sit firm on horses, so the Prophet , stroke me over my chest till I saw his finger-marks over my chest, he said, 'O Allah! Make him firm and make him a guiding and rightly guided man.' " Jarir proceeded towards that house, and dismantled and burnt it. Then he sent a messenger to Allah's Apostle informing him of that. Jarir's messenger said, "By Him Who has sent you with the Truth, I did not come to you till I had left it like an emancipated or gabby camel (i.e. completely marred and spoilt)." Jarir added, "The Prophet asked for Allah's Blessings for the horses and the men of Ahmas five times."

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).

Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

The Prophet (saws) said: When a man goes out of his house and says: "In the name of Allah, I trust in Allah; there is no might and no power but in Allah," the following will be said to him at that time: "You are guided, defended and protected." The devils will go far from him and another devil will say: How can you deal with a man who has been guided, defended and protected?

The Prophet (saws) said: When a man goes into his house, he should say: "O Allah! I ask Thee for good both when entering and when going out; in the name of Allah we have entered, and in the name of Allah we have gone out, and in Allah our Lord do we trust." He should then greet his family.

‘Ata said Abu Hurairah was asked Whether a woman could give sadaqah from the house (property) of her husband. He replied `No’. She can give it from her maintenance. The reward will be divided between them. It is not lawful for her to give sadaqah from her husband’s property without his permission.

Abu Dawud said This version weakens the version narrated by Hammam (bin Munabbih).

The Prophet said, "If you enter (your town) at night (after coming from a journey), do not enter upon your family till the woman whose husband was absent (from the house) shaves her pubic hair and the woman with unkempt hair, combs her hair" Allah's Apostle further said, "(O Jabir!) Seek to have offspring, seek to have offspring!"

Yahya related to me from Malik from Afif as-Sahmi that a man from the tribe of Bani Asad asked Abu Ayyub al-Ansari. "Sometimes I pray in my house, and then come to the mosque and find the imam praying. Should I pray with him?" Abu Ayyub said, "Yes, pray with him, for some one who does so has the reward of the group, or the equivalent of the reward of the group."

Yahya related to me from Malik from Khubayb ibn Abd ar-Rahman from Hafs ibn Asim from Abu Hurayra or from Abu Said al-Khudri that the Messenger of Allah, may Allah bless him and grant him peace, said, "What is between my house and my mimbar is one of the meadows of the Garden, and my mimbar is on my watering-place (al-Hawd)."

Allah's Apostle used to pray two rak`at before the Zuhr prayer and two rak`at after it. He also used to pray two rak`at after the Maghrib prayer in his house, and two rak`at after the `Isha' prayer. He never prayed after Jumua prayer till he departed (from the Mosque), and then he would pray two rak`at at home.

Allah's Apostle prayed in his house while sitting during his illness and the people prayed behind him standing and he pointed to them to sit down. When he had finished the prayer, he said, "The Imam is to be followed and so when he bows you should bow; and when he lifts his head you should also do the same."

I offered with the Prophet two rak`at before the Zuhr and two rak`at after the Zuhr prayer; two rak`at after Maghrib, `Isha' and the Jumua prayers. Those of the Maghrib and `Isha' were offered in his house. My sister Hafsa told me that the Prophet used to offer two light rak`at after dawn and it was the time when I never went to the Prophet."

Nafi' reported on the authority of Ibn Umar (Allah be pleased with them) that when Allah's Messenger (may peace be upon him) circumambulated the House, while observing the first circumambulation, he walked swiftly in three (circuits), and walked in four circuits, and ran in the bottom of the valley as he moved between al-Safa and al-Marwa. Ibn 'Umar (Allah be pleased with them) also used to do like this.

Umm Salama, the wife of Allah's Apostle (may peace be upon him), reported that Allah's Messenger (may peace be upon him) said to a small girl in the house of Umm Salama that he had been seeing on her face black stains and told her that that was due to the infiluence of an evil eye, and he asked that she should be cured with the help of incantation (hoping) that her face should become spotles.

Allah's Apostle said, "Everyone of you is a guardian and is responsible for his charges. The ruler who has authority over people, is a guardian and is responsible for them, a man is a guardian of his family and is responsible for them; a woman is a guardian of her husband's house and children and is responsible for them; a slave ('Abu) is a guardian of his master's property and is responsible for it; so all of you are guardians and are responsible for your charges."

None informed us that he saw the Prophet offering the Duha (i.e. forenoon) prayer, except Um Hani who mentioned that the Prophet took a bath in her house on the day of the Conquest (of Mecca) and then offered an eight rak`at prayer. She added, "I never saw the Prophet offering a lighter prayer than that prayer, but he was performing perfect bowing and prostrations."

The Prophet (saws) said: What the sea throws up and is left by the tide you may eat, but what dies in the sea and floats you must not eat.

Abu Dawud said: This tradition has been transmitted by Sufyan al-Thawri, Ayyub and Hammad from Abu al-Zubair as the statement of Jabor himself (and not from the Prophet). It has been also transmitted direct from the Prophet (saws) through a weak chain by Abu Dhi'b, from Abu al-Zubair on the authority if Jabir from the Prophet (saws).

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Amongst what was sent down of the Qur'an was 'ten known sucklings make haram' - then it was abrogated by 'five known sucklings'. When the Messenger of Allah, may Allah bless him and grant him peace, died, it was what is now recited of the Qur'an."

Yahya said that Malik said, "One does not act on this."

Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, "The mukatab is a slave as long as any of his kitaba remains to be paid."

Malik said, "This is my opinion as well."

Malik said, "If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid."

Yahya related to me from Malik from Yahya ibn Said from Abdullah ibn Kab, the mawla of Uthman ibn Affan that Mahmud ibn Labid al-Ansari asked Zayd ibn Thabit about a man who penetrated his wife but became listless and did not ejaculate. Zayd ibn Thabit said, "He does ghusl." Mahmud said to him, "Ubayy ibn Kab used not to think that ghusl was necessary," but Zayd ibn Thabit said, "Ubayy ibn Kab drew away from that before he died."

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

While the Muslims were offering the Fajr prayer, Allah's Apostle suddenly appeared before them by living the curtain of the dwelling place of `Aisha, looked towards the Muslims who were standing in rows. He smiled with pleasure. Abu Bakr started retreating to join the row on the assumption that the Prophet wanted to come out for the prayer. The Muslims intended to leave the prayer (and were on the verge of being put to trial), but the Prophet beckoned them to complete their prayer and then he let the curtain fall. He died in the last hours of that day.

That Fatimah came to Abu Bakr and 'Umar may Allah be pleased with them both, to ask them about her inheritance from the Messenger of Allah (saws). They said: "We heard the Messenger of Allah (saws) say: 'I am not inherited from.'" So she said: 'By Allah! I will never talk to you two again.' So she died having not talked to them."

'Ali bin 'Eisa said: "The meaning of not speaking to you two is: 'Never again regarding this inheritance, because you two are truthful.'"

The Prophet said to me, "I will give you so much (the Prophet pointed thrice with his hands) when funds of Bahrain will come to me." But the Prophet died before the money reached him. (When it came) Abu Bakr ordered an announcer to announce that whoever had a money claim on the Prophet or was promised to be given something, should come to Abu Bakr. I went to Abu Bakr and told him that the Prophet had promised to give me so much. On that Abu Bakr gave me three handfuls (of money).

The Messenger of Allah (saws) came in when his daughter died, and he said: Wash her with water and lotus leaves three or five times or more than that if you think fit, and put camphor, or some camphor in the last washing, then inform me when you finish. When we had finished we informed him, and he threw us his lower garment saying: Put it next to her body.

Malik's version has: that is, his lower garment (izar); and Musaddad did not say: He entered in.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

Malik related to me that Yahya ibn Said said, "A woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, we moved into a house when our number was great and our wealth was abundant. Now our number has dwindled and the wealth has gone.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Leave it as blameworthy.' "

Yahya related to me from Malik from Nafi from Ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, used to pray two rakas before dhuhr and two rakas after it, two rakas after maghrib, in his house, and two rakas after isha. He did not pray after jumua until he had left, and then he prayed two rakas.

Yahya related to me that Malik said, "The sunna concerning the time of prayer on the ids of Fitr and Adha - and there is no disagreement amongst us about it - is that the imam leaves his house and as soon as he has reached the place of prayer the prayer falls due."

Yahya said that Malik was asked whether a man who prayed with the imam could leave before the khutba, and he said, "He should not leave until the imam leaves."