Quraish used to fast on the day of 'Ashura' in the Pre-Islamic period, and Allah's Apostle too, used to fast on that day. When he came to Medina, he fasted on that day and ordered others to fast, too. Later when the fasting of the month of Ramadan was prescribed, he gave up fasting on the day of 'Ashura' and it became optional for one to fast on it or not.

A man called the Messenger of Allah (saws): We used to sacrifice Atirah in pre-Islamic days during Rajab; so what do you command us? He said: Sacrifice for the sake of Allah in any month whatever; obey Allah, Most High, and feed(the people). He said: We used to sacrifice a Fara' in pre-Islamic days, so what do you command us? He said: On every pasturing animal there is a Fara' which is fed by your cattle till it becomes strong and capable of carrying load.

The narrator Nasr said (in his version): When it becomes capable of carrying load of the pilgrims, you may slaughter it and give its meat as charity (sadaqah).

The narrator Khalid's version says: You (may give it) to the travellers, for it is better. Khalid said: I asked AbuQilabah: How many pasturing animals? He replied: One hundred.

A black lady slave of some of the 'Arabs embraced Islam and she had a hut in the mosque. She used to visit us and talk to us, and when she finished her talk, she used to say: "The day of the scarf was one of our Lord's wonders: Verily! He has delivered me from the land of Kufr." When she said the above verse many times, I (i.e. `Aisha) asked her, "What was the day of the scarf?" She replied, "Once the daughter of some of my masters went out and she was wearing a leather scarf (round her neck) and the leather scarf fell from her and a kite descended and picked it up, mistaking it for a piece of meat. They (i.e. my masters) accused me of stealing it and they tortured me to such an extent that they even looked for it in my private parts. So, while they all were around me, and I was in my great distress, suddenly the kite came over our heads and threw the scarf, and they took it. I said to them 'This is what you accused me of stealing, though I was innocent."

I was sitting with Jabir bin Zaid and `Amr bin Aus, and Bjalla was narrating to them in 70 A.H. the year when Mus`ab bin Az-Zubair was the leader of the pilgrims of Basra. We were sitting at the steps of Zamzam well and Bajala said, "I was the clerk of Juz bin Muawiya, Al-Ahnaf's paternal uncle. A letter came from `Umar bin Al-Khattab one year before his death; and it was read:-- "Cancel every marriage contracted among the Magians between relatives of close kinship (marriages that are regarded illegal in Islam: a relative of this sort being called Dhu-Mahram.)" `Umar did not take the Jizya from the Magian infidels till `Abdur-Rahman bin `Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.

The Prophet said...(as above, 185). And Harj, in the Ethiopian language, means killing.

The Prophet said, "A Muhrim can kill (five kinds of animals.)"

The Prophet said, "I am only a human being, and you people have disputes. May be some one amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favor according to what I hear. Beware! If ever I give (by error) somebody something of his brother's right then he should not take it as I have only, given him a piece of Fire." (See Hadith No. 638. Vol. 3)

I asked `Abdullah bin `Amr bin Al-`As to inform me of the worst thing the pagans had done to Allah's Apostle. He said: "While Allah's Apostle was praying in the courtyard of the Ka`ba, `Uqba bin Abi Mu'ait came and seized Allah's Apostle by the shoulder and twisted his garment round his neck and throttled him severely. Abu Bakr came and seized `Uqba's shoulder and threw him away from Allah's Apostle and said, "Would you kill a man because he says: 'My Lord is Allah,' and has come to you with clear Signs from your Lord?" (40.28)

We were with the Prophet when Surat Wal-Mursalat was revealed to him. While we were receiving it from his mouth, a snake suddenly came and we ran to kill it, but it outstripped us and entered its hole quickly. Allah's le said, "It has escaped your evil, and you too, have escaped its evil."

That he heard is father, narating a Hadith, which he heard from the Messenger of Allah (saws) in which he stood among them, mentioning to them that Jihad in the cause of Allah and faith in Allah were the most virtuous of deeds. Then a man stood and said: "O Messenger of Allah! If I were killed in the cause of Allah, would my sins forgiven ?" So the Messenger of Allah (saws) said: "Yes, If you are killed in Allah's cause, and you are patient, seeking the reward, advancing, not fleeing." Then the Messenger of Allah (saws) said: "What was it that you said?" So he replied: "If I were killed in the cause of Allah, would my sins be removed (forgiven)?" So the Messenger of Allah (saws) said: "Yes, If you are patient, seeking the reward, advancing, not fleeing - except debt. For Jibril said that to me."

[Abu 'Eisa said:] There are narrations on this topic from Anas, Muhammad bin Jahsh, And Abu Hurairah. This Hadith is Hasan Sahih.

Some of them reported this Hadith from Sa'eed Al-Maqburi, from Abu Hurairah, from the Prophet (saws) similar to this. Yahya bin Sa'eed Al-Ansari and more than one narrator reported this from Sa'eed Al-Maqburi from 'Abdullah bin Abi Qatadah, from his fahter, from the Prophet (saws). This is more correct than the narration of Sa'eed Al-Maqburi from Abu Hurairah.

Allah's Apostle said to us while we were in a gathering, "Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)

Yazid ibn Nu'aym ibn Huzzal, on his father's authority said: Ma'iz ibn Malik was an orphan under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging to a clan. My father said to him: Go to the Messenger of Allah (saws) and inform him of what you have done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope that it might be a way of escape for him.

So he went to him and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (the Prophet) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (again) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah.

When he uttered it four times, the Messenger of Allah (saws) said: You have said it four times. With whom did you commit it?

He replied: With so and so. He asked: Did you lie down with her? He replied: Yes. He asked: Had your skin been in contact with hers? He replied. Yes. He asked: Did you have intercourse with her? He said: Yes. So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to the Harrah, and while he was being stoned he felt the effect of the stones and could not bear it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him could not catch up with him. He threw the bone of a camel's foreleg at him, which hit him and killed him. They then went to the Prophet (saws) and reported it to him.

He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah.

I was among those Naqibs (selected leaders) who gave the Pledge of allegiance to Allah's Apostle. We gave the oath of allegiance, that we would not join partners in worship besides Allah, would not steal, would not commit illegal sexual intercourse, would not kill a life which Allah has forbidden, would not commit robbery, would not disobey (Allah and His Apostle), and if we fulfilled this pledge we would have Paradise, but if we committed any one of these (sins), then our case will be decided by Allah.

I was the butler of the people in the house of Abu Talha, and in those days drinks were prepared from dates. Allah's Apostle ordered somebody to announce that alcoholic drinks had been prohibited. Abu Talha ordered me to go out and spill the wine. I went out and spilled it, and it flowed in the streets of Medina. Some people said, "Some people were killed and wine was still in their stomachs." On that the Divine revelation came:-- "On those who believe And do good deeds There is no blame For what they ate (in the past)." (5.93)

When we wrote the Holy Qur'an, I missed one of the Verses of Surat-al-Ahzab which I used to hear Allah's Apostle reciting. Then we searched for it and found it with Khuza`ima bin Thabit Al-Ansari. The Verse was:-- 'Among the Believers are men Who have been true to Their Covenant with Allah, Of them, some have fulfilled Their obligations to Allah (i.e. they have been Killed in Allah's Cause), And some of them are (still) waiting" (33.23) So we wrote this in its place in the Qur'an.

We do not know of any tribe amongst the 'Arab tribes who lost more martyrs than Al-Ansar, and they will have superiority on the Day of Resurrection. Anas bin Malik told us that seventy from the Ansar were martyred on the day of Uhud, and seventy on the day (of the battle of) Bir Ma'una, and seventy on the day of Al-Yamama. Anas added, "The battle of Bir Ma'una took place during the lifetime of Allah's Apostle and the battle of Al-Yamama, during the caliphate of Abu Bakr, and it was the day when Musailamah Al-Kadhdhab was killed."

Yahya related to me from Malik from Yahya ibn Said from Said al- Maqburi from Abdullah ibn Abi Qatada that his father had said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expectant for reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or commanded him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for the debt. Jibril said that to me."

Allah's Apostle said, "It is not sinful of a Muhrim to kill five kinds of animals."

The Prophet (saws) said: Kill the two black things during prayer, the snake and scorpion.

Once the Prophet sat on a pulpit and we sat around him. Then he said, "The things I am afraid of most for your sake (concerning what will befall you after me) is the pleasures and splendors of the world and its beauties which will be disclosed to you." Somebody said, "O Allah's Apostle! Can the good bring forth evil?" The Prophet remained silent for a while. It was said to that person, "What is wrong with you? You are talking to the Prophet (p.b.u.h) while he is not talking to you." Then we noticed that he was being inspired divinely. Then the Prophet wiped off his sweat and said, "Where is the questioner?" It seemed as if the Prophet liked his question. Then he said, "Good never brings forth evil. Indeed it is like what grows on the banks of a water-stream which either kill or make the animals sick, except if an animal eats its fill the Khadira (a kind of vegetable) and then faces the sun, and then defecates and urinates and grazes again. No doubt this wealth is sweet and green. Blessed is the wealth of a Muslim from which he gives to the poor, the orphans and to needy travelers. (Or the Prophet said something similar to it) No doubt, whoever takes it illegally will be like the one who eats but is never satisfied, and his wealth will be a witness against him on the Day of Resurrection."

Salamh (bin Al Akwa’) said “I went on an expedition with the Apostle of Allaah(saws) against Hawazin and while we were having a meal in the forenoon and most of our people were on foot and some of us were weak, a man came on a red Camel. He took out a rope from the lion of the Camel and tied his Camel with it and began to take meal with the people. When he saw the weak condition of their people and lack of mounts he went out in a hurry to his Camel, untied it made it kneel down and sat on it and went off galloping it. A man of the tribe of Aslam followed him on a brown she Camel which was best of those of the people. I hastened out and I found him while the head of the she Camel was near the paddock of the she Camel. I then went ahead till I reached near the paddock of the Camel. I then went ahead till I caught the Camel’s nose string. I made it kneel. When it placed its knee on the ground, I drew my sword and struck the man on his head and it fell down. I then brought the Camel leading it with (its equipment) on it. The Apostle of Allaah(saws) came forward facing me and asked “Who killed the man? They (the people) said “Salamah bin Akwa’. He said “he gets all his spoil.”

Harun said “This is Hashim’s version.

The Messenger of Allah (saws) entered upon us in the mosque, and he had a stick in his hand. A man hung there a bunch of hashaf. He struck the bunch with the stick, and said: If the owner of this sadaqah (alms) wishes to give a better one than it, he would give. The owner of this sadaqah will eat hashaf on the Day of Judgment.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like.

Malik said, "I do not see any harm in eating game which is pierced by a throwing stick in a vital organ.

Allah, the Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain.' " (Sura 5 ayat 97).

Yahya said, "Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ, is acceptable as Allah, the Exalted, has said."

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."

The Prophet said, "On the day of Resurrection Allah will say, 'O Adam!' Adam will reply, 'Labbaik our Lord, and Sa`daik ' Then there will be a loud call (saying), Allah orders you to take from among your offspring a mission for the (Hell) Fire.' Adam will say, 'O Lord! Who are the mission for the (Hell) Fire?' Allah will say, 'Out of each thousand, take out 999.' At that time every pregnant female shall drop her load (have a miscarriage) and a child will have grey hair. And you shall see mankind as in a drunken state, yet not drunk, but severe will be the torment of Allah." (22.2) (When the Prophet mentioned this), the people were so distressed (and afraid) that their faces got changed (in color) whereupon the Prophet said, "From Gog and Magog nine-hundred ninety-nine will be taken out and one from you. You Muslims (compared to the large number of other people) will be like a black hair on the side of a white ox, or a white hair on the side of a black ox, and I hope that you will be onefourth of the people of Paradise." On that, we said, "Allahu-Akbar!" Then he said, "I hope that you will be) one-third of the people of Paradise." We again said, "Allahu-Akbar!" Then he said, "(I hope that you will be) one-half of the people of Paradise." So we said, Allahu Akbar."

Allah's Apostle said, "The Hour will not be established until the son of Mary (i.e. Jesus) descends amongst you as a just ruler, he will break the cross, kill the pigs, and abolish the Jizya tax. Money will be in abundance so that nobody will accept it (as charitable gifts).

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

The Prophet (saws) said: The most merciful of the people in respect of killing are believers (in Allah).

`Umar said, "I agreed with Allah in three things," or said, "My Lord agreed with me in three things. I said, 'O Allah's Apostle! Would that you took the station of Abraham as a place of prayer.' I also said, 'O Allah's Apostle! Good and bad persons visit you! Would that you ordered the Mothers of the believers to cover themselves with veils.' So the Divine Verses of Al-Hijab (i.e. veiling of the women) were revealed. I came to know that the Prophet had blamed some of his wives so I entered upon them and said, 'You should either stop (troubling the Prophet ) or else Allah will give His Apostle better wives than you.' When I came to one of his wives, she said to me, 'O `Umar! Does Allah's Apostle haven't what he could advise his wives with, that you try to advise them?' " Thereupon Allah revealed:-- "It may be, if he divorced you (all) his Lord will give him instead of you, wives better than you Muslims (who submit to Allah).." (66.5)

Umar stood on the pulpit. He then mentioned the rest of the tradition to the same effect as mentioned before. He did not mention "that she should be killed". This version adds: "a male or a female slave". Umar then said: Allah is Most Great. Had I not heard it, we would have decided about it something else.

Allah's Apostle said, "Moses the Apostle of Allah," and then he narrated the whole story about him. Al-Khadir said to Moses, "Did not I tell you that you can have no patience with me." (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses: "Call me not to account for forgetting And be not hard upon me." (18.73) "Then they met a boy and Khadir killed him." (18.74) "Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight." (18.77)

that Ibn `Abbas told him and `Ali bin `Abdullah to go to Abu Sa`id and listen to some of his narrations; So they both went (and saw) Abu Sa`id and his brother irrigating a garden belonging to them. When he saw them, he came up to them and sat down with his legs drawn up and wrapped in his garment and said, "(During the construction of the mosque of the Prophet) we carried the adobe of the mosque, one brick at a time while `Ammar used to carry two at a time. The Prophet passed by `Ammar and removed the dust off his head and said, "May Allah be merciful to `Ammar. He will be killed by a rebellious aggressive group. `Ammar will invite them to (obey) Allah and they will invite him to the (Hell) fire."

She was mistress of a temple in pre-Islamic days. She said: The prophet (saws) addressed us on the second day of sacrifice (yawm ar-ru'us) and said: Which is this day? We said: Allah and His Apostle are better aware. He said: Is this not the middle of the tashriq days?

The Prophet (saws) said: If a relative of anyone is killed, or if he suffers khabl, which means a wound, he may choose one of the three things: he may retaliate, or forgive, or receive compensation. But if he wishes a fourth (i.e. something more), hold his hands. After this whoever exceeds the limits shall be in grave penalty.

The Prophet said to me during Hajjat-al-Wida`: Let the people keep quiet and listen. Then he said (addressing the people), "Do not (become infidels) revert to disbelief after me by striking the necks (cutting the throats) of one another (killing each other).

The Prophet (saws) said: people of two different religions would not inherit from one another.

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

I heard the Messenger of Allah (saws) say when they (messengers sent by Musaylimah) read the letter of Musaylimah: What do you believe yourselves? They said: We believe as he believes. He said: I swear by Allah that were it not that messengers are not killed, I would cut off your heads.

A girl wearing ornaments, went out at Medina. Somebody struck her with a stone. She was brought to the Prophet while she was still alive. Allah's Apostle asked her, "Did such-and-such a person strike you?" She raised her head, denying that. He asked her a second time, saying, "Did so-and-so strike you?" She raised her head, denying that. He said for the third time, "Did so-and-so strike you?" She lowered her head, agreeing. Allah's Apostle then sent for the killer and killed him between two stones.