Yahya related to me from Malik from Nafi from Aslam, the mawla of Umar ibn al-Khattab, that Umar ibn al-Khattab imposed a jizya tax of four dinars on those living where gold was the currency, and forty dirhams on those living where silver was the currency. In addition, they had to provide for the muslims and receive them as guests for three days.

The narrator Ahmad added in his version: He would not observe the witr with two rak'ahs before the dawn. I asked: With what would he observe the witr ? She said: He would never leave it. The version of Ahmad does not mention the words "six and three (rak'ahs)".

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

Malik said, "That is what I like best of what I have heard on the subject."

29.2 Divorce by Euphemistic Statements

"We used to say that the participants of Badr on the Day of Badr were like the number of companions of Talut, three hundred and thirteen men."

[He said:] There is something on this topic from Ibn 'Abbas.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ath-Thawri and others reported it from Abu Ishaq.

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters that a person broke fast in Ramadan whereupon the Messenger of Allah (may peace be upon him) commanded him to free a slave (as an atonement), and the rest of the hadith is the same as narrated by Ibn Uyaina.

The Prophet said, "It is not lawful for a woman (at the time of wedding) to ask for the divorce of her sister (i.e. the other wife of her would-be husband) in order to have everything for herself, for she will take only what has been written for her."

Allah's Apostle said, "There is no Diya for persons killed by animals or for the one who has been killed accidentally by falling into a well or for the one killed in a mine. And one-fifth of Rikaz (treasures buried before the Islamic era) is to be given to the state."

The people of the Scripture used to read the Torah in Hebrew and explain it to the Muslims in Arabic. Then Allah's Apostle said, "Do not believe the people of the Scripture, and do not disbelieve them, but say, 'We believe in Allah and whatever has been revealed...' (3.84)

This hadith has been transmitted on the authority of Abu Huraira and Zaid b. Khalid al-Juhani in the same way as transmitted by Malik with this (difference) tnat there is a doubt whether her sale (that of the slave-girl committing adultery) was mentioned after the third or the fourth time.

This hadith has been narrated on the authority of Khabbib through another chain of transmitters and the words are. I in the pre-Islamic days used to work as an iron-smith. I did some work for 'As b. Wa'il and came to him for getting the remuneration of my wages.

The tradition mentioned above has also been narrated by Anas bin Malik through a different chain of narrators. He mentioned similar words.

Abu Dawud said “the strongest of these traditions is the one of Sa’id bin Abu Al Hasan. The rest are weak.

Yahya related to me from Malik from Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not be angry with each other and do not envy each other and do not turn away from each other, and be slaves of Allah, brothers. It is not halal for a muslim to shun his brother for more than three nights."

Malik related to me from a reliable source of his from Bukayr ibn Abdullah ibn al-Ashajj from Basr ibn Said from Abu Said al-Khudri that Abu Musa al-Ashari said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'One asks permission three times. If you are given permission, then enter. If not, go away.' "

`Abdur-Rahman bin Abu Bakr entered upon the Prophet while I was supporting the Prophet on my chest. `AbdurRahman had a fresh Siwak then and he was cleaning his teeth with it. Allah's Apostle looked at it, so I took the Siwak, cut it (chewed it with my teeth), shook it and made it soft (with water), and then gave it to the Prophet who cleaned his teeth with it. I had never seen Allah's Apostle cleaning his teeth in a better way. After finishing the brushing of his teeth, he lifted his hand or his finger and said thrice, "O Allah! Let me be with the highest companions," and then died. `Aisha used to say, "He died while his head was resting between my chest and chin."

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 both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

The Messenger of Allah (saws) liked to supplicate three times and to ask pardon (of Allah) three times.

Allah's Apostle was traveling on one of his journeys, and `Umar bin Al-Khattab was traveling along with him at night. `Umar asked him about something, but Allah's Apostle did not answer him. He asked again, but he did not answer. He asked for the third time, but he did not answer. On that, `Umar said to himself, "May your mother lose you! You have asked Allah's Apostle three times, but he did not answer at all!" `Umar said, "So I made my camel go fast till I was ahead of the people, and I was afraid that something might be revealed about me. After a little while I heard a call maker calling me, I said, 'I was afraid that some Qur'anic Verse might be revealed about me.' So I went to Allah's Apostle and greeted him. He said, 'Tonight there has been revealed to me a Surah which is dearer to me than that on which the sun shines (i.e. the world).' Then he recited: 'Verily! We have given you (O Muhammad), a manifest victory.' " (Surat al-Fath) No. (48.1).

On the day (of the battle) of Hunain, Allah's Apostle favored some people in the distribution of the booty (to the exclusion of others); he gave Al-Aqra' bin H`Abis one-hundred camels and he gave 'Uyaina the same amount, and also gave to some of the eminent Arabs, giving them preference in this regard. Then a person came and said, "By Allah, in this distribution justice has not been observed, nor has Allah's Pleasure been aimed at." I said (to him), "By Allah, I will inform the Prophet (of what you have said), "I went and informed him, and he said, "If Allah and His Apostle did not act justly, who else would act justly. May Allah be merciful to Moses, for he was harmed with more than this, yet he kept patient."

Abu Dawud sad: Qais also transmitted it as Sufyan said: The version of Sufyan is authoritative.

A woman came to the Messenger of Allah (saws) and said: Messenger of Allah! I have given birth to a boy, and call him Muhammad and AbulQasim as kunyah (surname), but I have been told that you disapproved of that. He replied: What is it which has made my name lawful and my kunyah unlawful, or what is it which has made my kunyah unlawful and my name lawful?

The Prophet said to Ubai, "Allah has ordered me recite Qur'an to you." Ubai asked, "Did Allah mention me by name to you?" The Prophet said, "Allah has mentioned your name to me." On that Ubai started weeping. (The sub-narrator) Qatada added: I have been informed that the Prophet recited: 'Those who disbelieve among the people of the Scripture," ...to Ubai.

The tradition mentioned above has been transmitted by Sulaiman bin Yasar. This version has “Then some dates were brought to the Apostle of Allaah(saws) and he gave it him. They measured about fifteen sa’s “. He said “Give them in alms”. He said “Is there anyone needier than I and my family. Apostle of Allaah(saws)?” The Apostle of Allaah(saws) said “Eat them, you and your family.”

We were at a place which was a thoroughfare for the people, and the caravans used to pass by us and we would ask them, "What is wrong with the people? What is wrong with the people? Who is that man?. They would say, "That man claims that Allah has sent him (as an Apostle), that he has been divinely inspired, that Allah has revealed to him such-and-such." I used to memorize that (Divine) Talk, and feel as if it was inculcated in my chest (i.e. mind) And the 'Arabs (other than Quraish) delayed their conversion to Islam till the Conquest (of Mecca). They used to say." "Leave him (i.e. Muhammad) and his people Quraish: if he overpowers them then he is a true Prophet. So, when Mecca was conquered, then every tribe rushed to embrace Islam, and my father hurried to embrace Islam before (the other members of) my tribe. When my father returned (from the Prophet) to his tribe, he said, "By Allah, I have come to you from the Prophet for sure!" The Prophet afterwards said to them, 'Offer such-and-such prayer at such-and-such time, and when the time for the prayer becomes due, then one of you should pronounce the Adhan (for the prayer), and let the one amongst you who knows Qur'an most should, lead the prayer." So they looked for such a person and found none who knew more Qur'an than I because of the Qur'anic material which I used to learn from the caravans. They therefore made me their Imam ((to lead the prayer) and at that time I was a boy of six or seven years, wearing a Burda (i.e. a black square garment) proved to be very short for me (and my body became partly naked). A lady from the tribe said, "Won't you cover the anus of your reciter for us?" So they bought (a piece of cloth) and made a shirt for me. I had never been so happy with anything before as I was with that shirt.

The Prophet (saws) said: When one of you is in doubt about his prayer, and does not know how much he has prayed, three or four rak'ahs, he should pray one (additional) rak'ah and make two prostrations while sitting before giving the salutation. If the (additional) rak'ah which he prayed is the fifth one, he will make it an even number by these two prostrations. If it is the fourth one, the two prostrations will be a disgrace for the devil.

The Prophet performed four `Umra (three) in Dhi-l-Qa'da except the (one) `Umra which he performed with his Hajj: His `Umra from Al-hudaibiya, and the one of the following year, and the one from Al- Jr'rana where he distributed the booty (of the battle) of Hunain, and another `Umra with his Hajj.

That the Messenger of Allah (saws) said: "Whoever dies and he is free of three: Kibr (Pride), Ghulul, and debt, he will enter paradise."

There are narrations on this topic from Abu Hurairah and Zaid bin Khalid Al-Juhni

Footnote: Ghulul refers to goods stolen from the spoils of war, or concealed, before it is divided among the soldiers

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Abu Salama ibn Abd ar-Rahman ibn Awf that the Messenger of Allah, may Allah bless him and grant him peace, decreed for partners the right of preemption in property which had not been divided up. When boundaries had been fixed between them, then there was no right of pre-emption.

Allah's Apostle said, "The food for two persons is sufficient for three, and the food of three persons is sufficient for four persons."

The Prophet (saws) said: Three types of people attend Friday prayer; One is present in a frivolous way and that is all he gets from it; another comes with a supplication, Allah may grant or refuse his request as He wishes; another is present silently and quietly with-out stepping over a Muslim or annoying anyone, and that is an atonement for his sins till the next Friday and three days more, the reason being that Allah, the Exalted, says: "He who does a good deed will have ten times as much" (vi.160).

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.

This hadith has been transmitted with the same chain of transmitters by al. Zuhri as narrated by Ibn Juraij (who) said. When the Messenger of Allah (may peace be upon him) stood up for prayer, he raised hands (to the height) apposite the shoulders and then recited takbir.

The Messenger of Allah (saws) said to me: AbuTha'labah, eat what returns to you by your bow and your dog.

Ibn Harb's version adds: "The trained (dog), and your hand, then eat, whether it has been slaughtered or not slaughtered".