I came to the Messenger of Allah (saws) and swore allegiance to him, and after telling a long story he said: Then a man came to him and said: Give me some of the sadaqah (alms). The Messenger of Allah (saws) said: Allah is not pleased with a Prophet's or anyone else's decision about sadaqat till He has given a decision about them Himself. He has divided those entitled to them into eight categories, so if you come within those categories, I shall give you what you desire.

[Al-Bukhari and Muslim].

In another narration, Jabir (May Allah be pleased with him) said: We accompanied Messenger of Allah (PBUH) in the campaign of Dhat-ur-Riqa`. We left Messenger of Allah (PBUH) to take rest under a shady tree. One of the polytheists came to him. The sword of Messenger of Allah (PBUH) was hanging on a tree. He drew it and said: "Are you afraid of me?'' Messenger of Allah (PBUH) said, "No". Then he said: "Who will then protect you from me?'' Messenger of Allah (PBUH) replied, "Allah".

And in a narration of Abu Bakr Al-Isma`ili, the polytheist asked: "Who will protect you from me?'' Messenger of Allah (PBUH) replied, "Allah.'' As soon as he said this, the sword fell down from his hand and Messenger of Allah (PBUH) catching the sword, asked him, "Who will protect you from me.'' He said, "Please forgive me.'' Messenger of Allah (PBUH) said, "On condition you testify that there is none worthy of worship but Allah and that I am His Messenger.'' He said, "No, but I promise you that I shall not fight against you, nor shall I be with those who fight with you". The Prophet (PBUH) let him go. He then went back to his companions and said: "I have come to you from one of the best of mankind".

Ibn al-Muthanna reported from ‘Amr from Hussain b. Abi Laila, saying ; Until Mu’adh came. Shu’bah said ; I heard it from Hussain who said : I shall follow the position (in the prayer in which I find him (the prophet)). . . you should do in a similar way.

Abu Dawud said: I then turned to the tradition reported by ‘Amr b. Marzuq he said; then Ma’adh came and they (the people) hinted at him. Shu’bah said; I heard it from hussain who said: Mu’adh then said; I shall follow the position (in the prayer when I join it) in which I find him (the prophet). He then said: Mu’adh has prayer when I join it in which I find him (the prophet). He then said: MU’adh has introduced for you a SUNNAH (a model behaviour), so you should do in a like manner. He said; our people have narrated to us; when the Messenger of Allah (may peace be upon him) came to Madina, he commanded them (the people) to keep fast for three days. Thereafter the Quranic verses with regard to the fasts during Ramadan were revealed. But they were people who were not accustomed to keep fast ; hence the keeping of the fasts was hard for them; so those who could not keep fast would feed an indigent; then the month”. The concession was granted to the patient and the traveler; all were commanded to keep fast.

The Messenger of Allah (saws) said: Three things one is not allowed to do: supplicating Allah specifically for himself and ignoring others while leading people in prayer; if he did so, he deceived them; looking inside a house before taking permission: if he did so, it is as if he entered the house, saying prayer while one is feeling the call of nature until one eases oneself.

I said, "O Allah's Apostle! Who will be the luckiest person who will gain your intercession on the Day of Resurrection?" The Prophet said, "O Abu Huraira! I have thought that none will ask me about this Hadith before you, as I know your longing for the (learning of) Hadiths. The luckiest person who will have my intercession on the Day of Resurrection will be the one who said, 'None has the right to be worshipped but Allah,' sincerely from the bottom of his heart."

I said: "O Allah's Apostle! Who will be the luckiest person, who will gain your intercession on the Day of Resurrection?" Allah's Apostle said: O Abu Huraira! "I have thought that none will ask me about it before you as I know your longing for the (learning of) Hadiths. The luckiest person who will have my intercession on the Day of Resurrection will be the one who said sincerely from the bottom of his heart "None has the right to be worshipped but Allah."

That the Prophet (saws) said: "Allah has cursed the woman who artificially lengthens and the woman who seeks to have her hair artificially lengthened, and the woman who tattoos and the woman who seeks tattooed." Nafi' (one of the narrators) said: "Tattooing was on the gums."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

He said: There are narrations on this topic from Ibn Mas'ud, 'Aishah, Asma' bint Abi Bakr, Ma'qil bin Yasar, Ibn 'Abbas, and Mu'awiyah.

Allah's Apostle said, "A woman called her son while he was in his hermitage and said, 'O Juraij' He said, 'O Allah, my mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij!' He said again, 'O Allah ! My mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij' He again said, 'O Allah! My mother (is calling me) and (I am offering) my prayer. (What shall I do?)' She said, 'O Allah! Do not let Juraij die till he sees the faces of prostitutes.' A shepherdess used to come by his hermitage for grazing her sheep and she gave birth to a child. She was asked whose child that was, and she replied that it was from Juraij and that he had come out from his hermitage. Juraij said, 'Where is that woman who claims that her child is from me?' (When she was brought to him along with the child), Juraij asked the child, 'O Babus, who is your father?' The child replied, 'The shepherd.' " (See Hadith No 662. Vol 3).

The Prophet (saws) said: When you hear....(Musa's version has): When a man says people have perished, he is the one who has suffered that fate most.

Abu Dawud said: Malik said: If he says that out of sadness for the decadence of religion which he sees among the people, I do not think there is any harm in that. If he says that out of self-conceit and servility of the people, it is an abominable act which has been prohibited.

Malik said, "The generally agreed on way of doing things among us is that some one who buys some fruit, fresh or dry, should not resell it until he gets full possession of it. He should not barter things of the same type, except hand to hand. Whatever can be made into dry fruit to be stored and eaten, should not be bartered for its own kind, except hand to hand, like for like, when it is the same kind of fruit. In the case of two different kinds of fruit, there is no harm in bartering two of one kind for one of another, hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon, cucumber, melon, carrots, citron, medlars, pomegranates, and soon, which when dried no longer counts as fruit, and is not a thing which is stored up as is fruit, I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it, there is no harm in it."

The Prophet said, "Whoever has slaughtered a sacrifice should not keep anything of Its meat after three days." When it was the next year the people said, "O Allah's Apostle! Shall we do as we did last year?" He said, ' Eat of it and feed of it to others and store of it for in that year the people were having a hard time and I wanted you to help (the needy).

I heard the Messenger of Allah (saws) Said: Allah , Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband. He was asked: Even foodgrain, Messenger of Allah? He replied: That is the best of our property. He then said: A loan must be paid back, a she-camel lent for a time for milking must be returned, a debt must be discharged, one who stands surety is held responsible.

Yahya said that he heard Malik say, "What is done in our community about injury to a domestic animal, is that the one who injures it must pay the amount by which he has diminished the animal's price."

Yahya said that he heard Malik speak about a camel who attacked a man and he feared for himself and killed it or hamstrung it. He said, "If he has a clear proof that it was heading for him and had attacked him, there are no damages against him. If there is no clear proof except his word, he is responsible for the camel."

Malik said, "The best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured, he surrenders him. The master does not have to do more than surrender his slave."

Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said, "If any of them does an injury involving blood-money, he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay, they are confirmed in their kitaba. If they do not pay, and they are incapable then their master has an option. If he wishes, he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes, he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused."

Malik said, "The way of doing things about which there is no dispute among us, is that when a mukatab is injured in some way which entails blood-money or one of the mukatab's children who is written with him in the kitaba is injured, their blood-money is the blood-money of slaves of their value, and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury."

Malik said, "The explanation of that is say, for example, he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams, he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba, the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed, with a hand cut off, or crippled in body. His master only wrote his kitaba against his property and earnings, and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba, or their kitaba is written, to the master and he takes it into account for him at the end of his kitaba."

The Prophet (saws) said: There are forty characteristics; the highest of them is to give a goat on loan (for benefiting from its milk). If any man carries out any of those characteristics with the hope of getting a reward and testifying to the promise for it, Allah will admit him to Paradise for it.

Abu Dawud said: In the version of Musaddad, Hassan said: So we counted other characteristics than lending the goat: to return the greeting, to respond to sneezing, and remove things which cause annoyance to the people from their path, and similar other things. We could not reach fifteen characteristics.

The Messenger of Allah (saws) said: If anyone fights in Allah's path as long as the time between two milkings of a she-camel, Paradise will be assured for him. If anyone sincerely asks Allah for being killed and then dies or is killed, there will be a reward of a martyr for him. Ibn al-Musaffa added from here: If anyone is wounded in Allah's path, or suffers a misfortune, it will come on the Day of resurrection as copious as possible, its colour saffron, and its odour musk; and if anyone suffers from ulcers while in Allah's path, he will have on him the stamp of the martyrs.

The Prophet (saws) said: If anyone says in the morning or in the evening: "O Allah! Thou art my Lord; there is no god but Thee, Thou hast created me, and I am Thy servant and hold to Thy covenant and promise as much as I can; I seek refuge in Thee from the evil of what I have done: I acknowledge Thy favour to me, and I acknowledge my sin; pardon me, for none but Thee pardons sins, and dies during the daytime or during the night." he will go to Paradise.

Malik related to me from al-Ala ibn Abd ar-Rahman from Mabad ibn Kab as-Salami from his brother Abdullah ibn Kab ibn Malik al-Ansari from Abu Umama that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever cuts off the right of a muslim man by his oath, Allah forbids him the Garden and obliges the Fire for him." They said, "Even if it is something insignificant, Messenger of Allah?" He said, "Even if it is a tooth-stick, even if it is a tooth- stick," repeating it three times.

Allah's Apostle said, "Whoever after listening to the Adhan says, 'Allahumma Rabba hadhihi-dda` watit-tammah, was-salatil qa'imah, ati Muhammadan al-wasilata wal-fadilah, wa b`ath-hu maqaman mahmudan-il-ladhi wa`adtahu' [O Allah! Lord of this perfect call (perfect by not ascribing partners to You) and of the regular prayer which is going to be established, give Muhammad the right of intercession and illustriousness, and resurrect him to the best and the highest place in Paradise that You promised him (of)], then my intercession for him will be allowed on the Day of Resurrection".

While we were in the company of the Prophet, he said, "While I was asleep, I saw myself in Paradise and there I beheld a woman making ablution beside a palace, I asked, To whom does this palace belong? 'They said, To `Umar bin Al-Khattab.' Then I remembered `Umar's Ghaira (concerning women), and so I quickly went away from that palace." (When `Umar heard this from the Prophet), he wept and said, "Do you think it is likely that I feel Ghaira because of you, O Allah's Apostle?"

Barirah came (to `Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help." `Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me." Barirah went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them." Allah's Apostle heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator." `Aisha added, "Allah's Apostle then got up amongst the people, Glorified and Praised Allah, and said, 'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

I used to write (the account of) the expenditure incurred on orphans who were under the guardianship of so-and-so. They cheated him by one thousand dirhams and he paid these (this amount) to them. I then got double the property which they deserved. I said (to the man: Take one thousand (dirhams) which they have taken from you (by cheating). He said: No, my father has told me that he heard the Messenger of Allah (saws) say: Pay the deposit to him who deposited it with you, and do not betray him who betrays you.

Malik related to me that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said, "Messenger of Allah! Shall we be destroyed while there are people who are salih among us?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes, if there is much wickedness."

Abu `Abdur-Rahman who was one of the supporters of `Uthman said to Abu Talha who was one of the supporters of `Ali, "I perfectly know what encouraged your leader (i.e. `Ali) to shed blood. I heard him saying: Once the Prophet sent me and Az-Zubair saying, 'Proceed to such-and-such Ar-Roudah (place) where you will find a lady whom Hatib has given a letter. So when we arrived at Ar-Roudah, we requested the lady to hand over the letter to us. She said, 'Hatib has not given me any letter.' We said to her. 'Take out the letter or else we will strip off your clothes.' So she took it out of her braid. So the Prophet sent for Hatib, (who came) and said, 'Don't hurry in judging me, for, by Allah, I have not become a disbeliever, and my love to Islam is increasing. (The reason for writing this letter was) that there is none of your companions but has relatives in Mecca who look after their families and property, while I have nobody there, so I wanted to do them some favor (so that they might look after my family and property).' The Prophet believed him. `Umar said, 'Allow me to chop off his (i.e. Hatib's) neck as he has done hypocrisy.' The Prophet said, (to `Umar), 'Who knows, perhaps Allah has looked at the warriors of Badr and said (to them), 'Do whatever you like, for I have forgiven you.' " `Abdur-Rahman added, "So this is what encouraged him (i.e. `Ali).

Ka`b bin Ujrah met me and said, "Shall I not give you a present I got from the Prophet?" `Abdur- Rahman said, "Yes, give it to me." I said, "We asked Allah's Apostle saying, 'O Allah's Apostle! How should one (ask Allah to) send blessings on you, the members of the family, for Allah has taught us how to salute you (in the prayer)?' He said, 'Say: O Allah! Send Your Mercy on Muhammad and on the family of Muhammad, as You sent Your Mercy on Abraham and on the family of Abraham, for You are the Most Praise-worthy, the Most Glorious. O Allah! Send Your Blessings on Muhammad and the family of Muhammad, as You sent your Blessings on Abraham and on the family of Abraham, for You are the Most Praise-worthy, the Most Glorious.' "

When Allah's Apostle arrived at Medina, he alighted at the upper part of Medina among the people called Bani `Amr bin `Auf and he stayed with them for fourteen nights. Then he sent for the chiefs of Bani An-Najjar, and they came, carrying their swords. As if I am just now looking at Allah's Apostle on his she-camel with Abu Bakr riding behind him (on the same camel) and the chiefs of Bani An- Najjar around him till he dismounted in the courtyard of Abu Aiyub's home. The Prophet used to offer the prayer wherever the prayer was due, and he would pray even in sheepfolds. Then he ordered that the mosque be built. He sent for the chiefs of Banu An-Najjar, and when they came, he said, "O Banu An-Najjar! Suggest to me the price of this garden of yours." They replied "No! By Allah, we do not demand its price except from Allah." In that garden there were the (following) things that I will tell you: Graves of pagans, unleveled land with holes and pits etc., and date-palm trees. Allah's Apostle ordered that the graves of the pagans be dug up and, the unleveled land be leveled and the date-palm trees be cut down. The trunks of the trees were arranged so as to form the wall facing the Qibla. The Stone pillars were built at the sides of its gate. The companions of the Prophet were carrying the stones and reciting some lyrics, and Allah's Apostle . . was with them and they were saying, "O Allah! There is no good Excel the good of the Hereafter, so bestow victory on the Ansar and the Emigrants. "

The Prophet said to Abu Talha, "I recommend that you divide (this garden) amongst your relatives." Abu Talha said, "O Allah's Apostle! I will do the same." So Abu Talha divided it among his relatives and cousins. Ibn 'Abbes said, "When the Qur'anic Verse: "Warn your nearest kinsmen." (26.214) Was revealed, the Prophet started calling the various big families of Quraish, "O Bani Fihr! O Bani Adi!". Abu Huraira said, "When the Verse: "Warn your nearest kinsmen" was revealed, the Prophet said (in a loud voice), "O people of Quraish!"

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.

Ayyub ibn Bushayr ibn Ka'b al-Adawi quoted a man of Anazah who said that he asked AbuDharr when he left Syria: I wish to ask you about a tradition of the Messenger of Allah (saws). He said: I shall tell you except that it is something secret. Did the Messenger of Allah (saws) shake hands with you when you met him? He replied: I never met him without his shaking hands with me. One day he sent for me when I was not at home. When I came I was informed that he had sent for me. I came to him and found him on a couch. He embraced me and that was better and better.

One night I became the guest of the Prophet (saws). He ordered that a piece of mutton be roasted, and it was roasted. He then took a knife and began to cut the meat with it for me. In the meantime Bilal came and called him for prayer. He threw the knife and said: What happened! may his hands be smeared with earth! He then stood for offering prayer. Al-Anbari added: My moustaches became lengthy. He trimmed them by placing a took-stick; or he said: I shall trim your moustaches by placing the tooth-stick there.

Al-Anbari said: My moustaches became lengthy. He trimmed them by placing a tooth-stick ; or he said: I shall trim your moustaches by placing the tooth-stick there.

Whenever `Abdullah bin `Umar was asked about Salat-al-Khauf (i.e. prayer of fear) he said, "The Imam comes forward with a group of people and leads them in a one rak`a prayer while another group from them who has not prayed yet, stay between the praying group and the enemy. When those who are with the Imam have finished their one rak`a, they retreat and take the positions of those who have not prayed but they will not finish their prayers with Taslim. Those who have not prayed, come forward to offer a rak`a with the Imam (while the first group covers them from the enemy). Then the Imam, having offered two rak`at, finishes his prayer. Then each member of the two groups offer the second rak`a alone after the Imam has finished his prayer. Thus each one of the two groups will have offered two rak`at. But if the fear is too great, they can pray standing on their feet or riding on their mounts, facing the Qibla or not." Nafi` added: I do not think that `Abdullah bin `Umar narrated this except from Allah's Apostle (See Hadith No. 451, Vol 5 to know exactly "The Fear Prayer.")

I heard the Prophet saying, "Treat with the Indian incense, for it has healing for seven diseases; it is to be sniffed by one having throat trouble, and to be put into one side of the mouth of one suffering from pleurisy." Once I went to Allah's Apostle with a son of mine who would not eat any food, and the boy passed urine on him whereupon he asked for some water and sprinkled it over the place of urine.

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

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

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

Abu Bakr went to a lady from the Ahmas tribe called Zainab bint Al-Muhajir and found that she refused to speak. He asked, "Why does she not speak." The people said, "She has intended to perform Hajj without speaking." He said to her, "Speak, for it is illegal not to speak, as it is an action of the pre-islamic period of ignorance. So she spoke and said, "Who are you?" He said, "A man from the Emigrants." She asked, "Which Emigrants?" He replied, "From Quraish." She asked, "From what branch of Quraish are you?" He said, "You ask too many questions; I am Abu Bakr." She said, "How long shall we enjoy this good order (i.e. Islamic religion) which Allah has brought after the period of ignorance?" He said, "You will enjoy it as long as your Imams keep on abiding by its rules and regulations." She asked, "What are the Imams?" He said, "Were there not heads and chiefs of your nation who used to order the people and they used to obey them?" She said, "Yes." He said, "So they (i.e. the Imams) are those whom I meant."

Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."

Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."

He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."

Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."

Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.