Yahya related to me from Malik from Nafi from Abdullah ibn Umar that when he brought an animal to be sacrificed from Madina he would garland it and brand it at Dhu'l-Hulayfa, doing the garlanding before the branding, but doing both in the same place, while facing the qibla. He would garland the animal with two sandals and brand it on its left side. It would then be driven with him until he observed the standing together with everybody at Arafa. Then he would drive it on with him when everybody else moved on, and then when he arrived at Mina on the morning of the sacrifice, he would sacrifice the animal, before he shaved his head. He would sacrifice the animals with his own hands ,lining them up standing and facing the qibla. He would then eat some of the meat, and give some of it away.

Yahya related to me from Malik from Umara ibn Yasar that Ata ibn Yasar told him that Abu Ayyub al-Ansari had told him, "We used to sacrifice one sheep, and a man sacrificed for himself and his family. Then later on people began to compete with each other and it became boasting."

Malik said, "The best that I have heard about a single camel, cow or sheep, is that a man should sacrifice a camel for himself and his family. He sacrifices a cow or sheep which he owns for his family, and shares with them in it. It is disapproved for a group of people to buy a camel, cow or sheep, to share for the ritual and sacrifices, each man giving a share of its price, and taking a share of its meat. We have heard the tradition that people do not share in the ritual. However, it may be that the people of one household can share."

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

A bedouin came to the Prophet while he (the Prophet) was sitting, and said, "O Allah's Apostle! Give your verdict according to Allah's Laws (in our case)." Then his opponent got up and said, "He has told the truth, O Allah's Apostle! Decide his case according to Allah's Laws. My son was a laborer working for this person, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I offered one-hundred sheep and a slave girl as a ransom for him. Then I asked the religious learned people, and they told me that my son should be flogged with one-hundred stripes and be exiled for one year." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws. The sheep and the slave girl will be returned to you and your son will be flogged one-hundred stripes and be exiled for one year. And you, O Unais! Go to the wife of this man (and if she confesses), stone her to death." So Unais went in the morning and stoned her to death (after she had confessed).

Jarir reported that Allah's Messenger (may peace be upon him) delivered an address in which he exhorted people to give charity.

that his father said, "In the year of Hajjatal-Wada`, the Prophet paid me a visit while I was suffering from an ailment that had brought me to the verge of death. I said, 'O Allah's Apostle! My sickness has reduced me to the (bad) state as you see, and I am a rich man, but have no heirs except one daughter. Shall I give 2/3 of my property in charity?' He said, 'No.' I said, 'Then 1/2 of it?' He said, 'Even 1/3 is too much, for, to leave your inheritors wealthy is better than to leave them in poverty, begging from people. And (know that) whatever you spend in Allah's Cause, you will get reward for it, even for the morsel of food which you put in your wife's mouth.' I said, 'O Allah's Apostle! Will I be left behind my companions (in Mecca)?' He said, 'If you remain behind, whatever good deed you will do for Allah's Sake, will raise and upgrade you to a higher position (in Allah's Sight). May be you will live longer so that some people may benefit by you, and some e others (pagans) may get harmed by you. O Allah! Complete the migration of my companions and do not turn them on their heels; But (we pity) the poor Sa`d bin Khaula (not the above mentioned Sa`d) (died in Mecca)" Allah's Apostle lamented (or pitied) for him as he died in Mecca. (See Hadith No. 693, Vol. 5)

I called on Jabir bin `Abdullah Al-Ansari and said to him, "Relate to me what you have heard from Allah's Apostle ." He said, "I accompanied him on one of the journeys." (Abu `Aqil said, "I do not know whether that journey was for the purpose of Jihad or `Umra.") "When we were returning," Jabir continued, "the Prophet said, 'Whoever wants to return earlier to his family, should hurry up.' We set off and I was on a black red tainted camel having no defect, and the people were behind me. While I was in that state the camel stopped suddenly (because of exhaustion). On that the Prophet said to me, 'O Jabir, wait!' Then he hit it once with his lash and it started moving on a fast pace. He then said, 'Will you sell the camel?' I replied in the affirmative when we reached Medina, and the Prophet went to the Mosque along with his companions. I, too, went to him after tying the camel on the pavement at the Mosque gate. Then I said to him, 'This is your camel.' He came out and started examining the camel and saying, 'The camel is ours.' Then the Prophet sent some Awaq (i.e. an amount) of gold saying, 'Give it to Jabir.' Then he asked, 'Have you taken the full price (of the camel)?' I replied in the affirmative. He said, 'Both the price and the camel are for you.' ''

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"

Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."

Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."

Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."

I saw the Messenger of Allah (saws) at Mina giving sermon on a mule and wearing a red garment, while Ali was announcing.

I said to Salama, "For what did you give the Pledge of allegiance to the Prophet on the Day of Hudaibiya?" He replied, "For death."

The Prophet (p.b.u.h) said, "The best charity is that which is practiced by a wealthy person. And start giving first to your dependents."

The Prophet (saws) said: Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell.

Abu Dawud said: On this subject this is the soundest tradition, that is, the tradition of Ibn Buraidah: Judges are of three types.

`Imran bin Hussain said, "The Prophet said, 'The best of you (people) are my generation, and the second best will be those who will follow them, and then those who will follow the second generation." `Imran added, "I do not remember whether he mentioned two or three (generations) after his generation. He added, 'Then will come some people who will make vows but will not fulfill them; and they will be dishonest and will not be trustworthy, and they will give their witness without being asked to give their witness, and fatness will appear among them.' "

When the verses of charity were revealed, we used to work as porters. A man came and distributed objects of charity in abundance. And they (the people) said, "He is showing off." And another man came and gave a Sa (a small measure of food grains); they said, "Allah is not in need of this small amount of charity." And then the Divine Inspiration came: "Those who criticize such of the believers who give in charity voluntarily and those who could not find to give in charity except what is available to them." (9.79).

I am a witness that Allah's Apostle offered the Id prayer before delivering the sermon and then he thought that the women would not be able to hear him (because of the distance), so he went to them along with Bilal who was spreading his garment. The Prophet advised and ordered them to give in charity. So the women started giving their ornaments (in charity). (The sub-narrator Aiyub pointed towards his ears and neck meaning that they gave ornaments from those places such as earrings and necklaces.)

"A man behaved in a rude manner while trying to collect a debt from the Messenger of Allah (saws). So his Companions were about to harm him. The Messenger of Allah (saws) said: 'Leave him, for indeed the owner of the the right has the right to speak.' Then he said: 'Purchase a camel for him and give it to him.' So they searched out but they did not find a camel but of a better ager than his camel. So he said: 'Buy it and give it to him. For indeed the best of you is the best in repaying.'"

A man came to the Prophet demanding his debts and behaved rudely. The companions of the Prophet intended to harm him, but Allah's Apostle said (to them), "Leave him, for the creditor (i.e. owner of a right) has the right to speak." Allah's Apostle then said, "Give him a camel of the same age as that of his." The people said, "O Allah's Apostle! There is only a camel that is older than his." Allah's Apostle said, "Give (it to) him, for the best amongst you is he who pays the rights of others handsomely."

Allah's Apostle owed a man some debt (and that man demanded it very harshly). The companions of the Prophet wanted to harm him, but the Prophet said to them, "Leave him, as the creditor has the right to speak harshly." He then added, "Buy (a camel) of the same age and give it to him." They said, "We cannot get except a camel of an older age than that of his." He said, "Buy it and give it to him, as the best amongst you is he who pays back his debt in the most handsome way.'

Abu Dawud said: I read in a document possessed by Abdullah ibn Salim at Hims: Abdullah ibn Mu'awiyah al-Ghadiri reported the Prophet (saws) as saying: He who performs three things will have the taste of the faith. (They are:) One who worships Allah alone and one believes that there is no god but Allah; and one who pays the zakat on his property agreeably every year. One should not give an aged animal, nor one suffering from itch or ailing, and one most condemned, but one should give animals of medium quality, for Allah did not demand from you the best of your animals, nor did He command you to give the animals of worst quality.

When the prohibition of wine (was yet to be) declared, Umar said: O Allah, give us a satisfactory explanation about wine.

So the following verse of Surat al-Baqarah revealed; "They ask thee concerning wine and gambling. Say: In them is great sin...." Umar was then called and it was recited to him.

He said: O Allah, give us a satisfactory explanation about wine.

Then the following verse of Surat an-Nisa' was revealed: "O ye who believe! approach not prayers with a mind befogged...." Thereafter the herald of the Messenger of Allah (saws) would call when the (congregational) prayer was performed: Beware, one who is drunk should not come to prayer. Umar was again called and it was recited to him).

He said: O Allah, give us a satisfactory explanation about wine. This verse was revealed: "Will ye not then abstain?" Umar said: We abstained.

During the Pre-Islamic period of Ignorance, the people used to perform Tawaf of the Ka`ba naked except the Hums; and the Hums were Quraish and their offspring. The Hums used to give clothes to the men who would perform the Tawaf wearing them; and women (of the Hums) used to give clothes to the women who would perform the Tawaf wearing them. Those to whom the Hums did not give clothes would perform Tawaf round the Ka`ba naked. Most of the people used to go away (disperse) directly from `Arafat but they (Hums) used to depart after staying at Al-Muzdalifa. `Urwa added, "My father narrated that `Aisha had said, 'The following verses were revealed about the Hums: Then depart from the place whence all the people depart--(2.199) `Urwa added, "They (the Hums) used to stay at Al-Muzdalifa and used to depart from there (to Mina) and so they were sent to `Arafat (by Allah's order)."

That the Messenger of Allah (saws) sold a saddle blanket and a drinking bowl. He (saws) said: "Who will buy saddle blanket and drinking bowl ?". So a man said: "I will take them for a Dirham." So the Prophet (saws) said: "Who will give more than a Dirham ? Who will give more that a Dirham ?" A man agreed to give him two Dirham, so he sold them to him.

[Abu 'Eisa said:] This Hadith is Hasan. We do not know of it except from the narration of Al-Akhdar bin 'Ajlan, and 'Abdullah Al-Hanafi who is reporting from Anas, is Abu Bakr Al-Hanafi.

This is acted upon according to some of the people of knowledge, they did not see any harm in auctioning the spolis of war and inheritance.

Al-Mu'tamir bin Sulaiman and others among the people of Hadith reported from Al-Akhdar bin 'Ajlan.

Allah's Apostle said, "The wala is for the one who gives the silver (pays the price) and does the favor (of manumission after paying the price).

"Save yourself from Hell-fire even by giving half a date-fruit in charity."