By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."

The Prophet said, "At every womb Allah appoints an angel who says, 'O Lord! A drop of semen, O Lord! A clot. O Lord! A little lump of flesh." Then if Allah wishes (to complete) its creation, the angel asks, (O Lord!) Will it be a male or female, a wretched or a blessed, and how much will his provision be? And what will his age be?' So all that is written while the child is still in the mother's womb."

Malik related to me that he had heard that Abdullah ibn Masud used to say, "If someone makes a loan, they should not stipulate better than it. Even if it is a handful of grass, it is usury."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation, and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what is not halal, so it is not good. The explanation of what is disapproved of in that, is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it."

Malik related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Said al-Khudri that some people of the Ansar asked the Messenger of Allah, may Allah bless him and grant him peace, and he gave to them. Then they asked him again, and he gave to them until he used up what he had. Then he said, "What wealth I have, I will not hoard from you. Whoever has forbearance, Allah will help him. Whoever tries to be independent, Allah will enrich him. Whoever tries to be patient, Allah will give him patience, and no one is given a better or vaster gift than patience."

Yahya related to me from Malik from Yahya ibn Said that he had heard that Abu Dharr used to say, "Brush away the small stones with one sweep, but if you leave them it is better than a red camel."

From Ma`mar as below.

Narrated Abu Huraira:

The Prophet said, "I met Moses on the night of my Ascension to heaven." The Prophet then described him saying, as I think, "He was a tall person with lank hair as if he belonged to the people of the tribe of Shanu's.' The Prophet further said, "I met Jesus." The Prophet described him saying, "He was one of moderate height and was red-faced as if he had just come out of a bathroom. I saw Abraham whom I resembled more than any of his children did." The Prophet further said, "(That night) I was given two cups; one full of milk and the other full of wine. I was asked to take either of them which I liked, and I took the milk and drank it. On that it was said to me, 'You have taken the right path (religion). If you had taken the wine, your (Muslim) nation would have gone astray."

I was a blacksmith in the Pre-Islamic period, and 'Asi bin Wail owed me some money, so I went to him to demand it. He said (to me), "I will not pay you unless you disbelieve Muhammad." I said, "I will not disbelieve till Allah kills you and then you get resurrected." He said, "Leave me till I die and get resurrected, then I will be given wealth and children and I will pay you your debt." On that occasion it was revealed to the Prophet: 'Have you seen him who disbelieved in Our signs and says: Surely I will be given wealth and children? Has he known the unseen, or has he taken a covenant from the Beneficent (Allah)? (19.77- 78)

"The Messenger of Allah (saws) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (saws) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked separating between the captives when selling them.

Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."

While we were sitting in a circle in `Abdullah's gathering, Hudhaifa came and stopped before us, and greeted us and then said, "People better than you became hypocrites." Al-Aswad said: I testify the uniqueness of Allah! Allah says: "Verily! The hypocrites will be in the lowest depths of the Fire." (4.145) On that `Abdullah smiled and Hudhaifa sat somewhere in the Mosque. `Abdullah then got up and his companions (sitting around him) dispersed. Hudhaifa then threw a pebble at me (to attract my attention). I went to him and he said, "I was surprised at `Abdullah's smile though he understood what I said. Verily, people better than you became hypocrite and then repented and Allah forgave them."

A meal was brought to `Abdur-Rahman bin `Auf while he was fasting. He said, "Mus`ab bin `Umar was martyred, and he was better than I, yet he was shrouded in a Burda (i.e. a sheet) so that, if his head was covered, his feet became naked, and if his feet were covered, his head became naked." `Abdur-Rahman added, "Hamza was martyred and he was better than 1. Then worldly wealth was bestowed upon us and we were given thereof too much. We are afraid that the reward of our deeds have been given to us in this life." `Abdur-Rahman then started weeping so much that he left the food.

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

A man demanded his debts from Allah's Apostle in such a rude manner that the companions of the Prophet intended to harm him, but the Prophet said, "Leave him, no doubt, for he (the creditor) has the right to demand it (harshly). Buy a camel and give it to him." They said, "The camel that is available is older than the camel he demands. "The Prophet said, "Buy it and give it to him, for the best among you are those who repay their debts handsomely. "

Yahya related to me from Malik that what he preferred of what he had heard from the people of knowledge about a man or woman who vowed to walk to the House of Allah, was that they fulfilled the oath when performing umra, by walking until they had done say between Safa and Marwa. When they had done say it was finished. If they vowed to walk in the hajj, they walked until they came to Makka, then they walked until they had finished all the rites.

Malik said, "Walking is only for hajj or umra."

The Prophet passed by a woman who was weeping beside a grave. He told her to fear Allah and be patient. She said to him, "Go away, for you have not been afflicted with a calamity like mine." And she did not recognize him. Then she was informed that he was the Prophet . so she went to the house of the Prophet and there she did not find any guard. Then she said to him, "I did not recognize you." He said, "Verily, the patience is at the first stroke of a calamity."

Yazid ibn Abdullah said that Abdullah ibn Amr asked the Prophet (saws): In how many days should I complete the recitation of the whole Qur'an, Messenger of Allah?

He replied: In one month.

He said: I am more energetic to complete it in a period less than this. He kept on repeating these words and lessening the period until he said: Complete its recitation in seven days.

He again said: I am more energetic to complete it in a period less than this.

The Prophet (saws) said: He who finishes the recitation of the Qur'an in less than three days does not understand it.

Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it, he threw it away.

Malik when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops, or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples' property, crops or fruit."

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

The Prophet (saws) said: If a man sells (his) property and the man who buys it becomes insolvent, and the seller does not receive the price of the property he had sold, but finds his very property with him (i.e. the buyer), he is more entitled to it (than others). If the buyer dies, then the owner of the property is equal to the creditors.

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)."

We were with Hudhaifa and he said, "None remains of the people described by this Verse (9.12), "Except three, and of the hypocrites except four." A bedouin said, "You the companions of Muhammad! Tell us (things) and we do not know that about those who break open our houses and steal our precious things? ' He (Hudhaifa) replied, "Those are Al Fussaq (rebellious wrongdoers) (not disbelievers or hypocrites). Really, none remains of them (hypocrite) but four, one of whom is a very old man who, if he drinks water, does not feel its coldness."

A man came to the Prophet and demanded a camel (the Prophet owed him). Allah's Apostle told his companions to give him (a camel). They said, "We do not find except an older camel (than what he demands). (The Prophet ordered them to give him that camel). The man said, "You have paid me in full and may Allah also pay you in full." Allah's Apostle said, "Give him, for the best amongst the people is he who repays his debts in the most handsome manner."

The Prophet said, "Nobody has ever eaten a better meal than that which one has earned by working with one's own hands. The Prophet of Allah, David used to eat from the earnings of his manual labor."

Yahya said that Malik related from Ibn Shihab from Salim ibn Abdullah ibn Umar from his father that Umar ibn al-Khattab said, "What's the matter with men who have intercourse with their slave- girls and then dismiss them? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or stopped having intercourse with her."

who was born during the lifetime of the Prophet that his mother, Zainab bint Humaid had taken him to Allah's Apostle and said, "O Allah's Apostle! Take his Pledge of allegiance (for Islam)." The Prophet said, "He (`Abdullah bin Hisham) is a little child," and passed his hand over his head and invoked Allah for him. `Abdullah bin Hisham used to slaughter one sheep as a sacrifice on behalf of all of his family.

Malik related to me from Abu Hazim ibn Dinar from Sahl ibn Sad as-Saidi that the Messenger of Allah, may Allah bless him and grant him peace, said, "If it exists, it is in a horse, a woman, and a house," meaning ill luck.

The Prophet did something and allowed his people to do it, but some people refrained from doing it. When the Prophet learned of that, he delivered a sermon, and after having sent Praises to Allah, he said, "What is wrong with such people as refrain from doing a thing that I do? By Allah, I know Allah better than they, and I am more afraid of Him than they."

Malik related to me from Abdullah ibn al-Fadl from Nafi ibn Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent for herself, and her consent is her silence "

Some property or something was brought to Allah's Apostle and he distributed it. He gave to some men and ignored the others. Later he got the news of his being admonished by those whom he had ignored. So he glorified and praised Allah and said, "Amma ba'du. By Allah, I may give to a man and ignore another, although the one whom I ignore is more beloved to me than the one whom I give. But I give to some people as I feel that they have no patience and no contentment in their hearts and I leave those who are patient and self-content with the goodness and wealth which Allah has put into their hearts and `Amr bin Taghlib is one of them." `Amr added, By Allah! Those words of Allah's Apostle are more beloved to me than the best red camels.

The Prophet stayed for three rights between Khaibar and Medina and was married to Safiya. I invited the Muslim to h s marriage banquet and there wa neither meat nor bread in that banquet but the Prophet ordered Bilal to spread the leather mats on which dates, dried yogurt and butter were put. The Muslims said amongst themselves, "Will she (i.e. Safiya) be one of the mothers of the believers, (i.e. one of the wives of the Prophet ) or just (a lady captive) of what his right-hand possesses" Some of them said, "If the Prophet makes her observe the veil, then she will be one of the mothers of the believers (i.e. one of the Prophet's wives), and if he does not make her observe the veil, then she will be his lady slave." So when he departed, he made a place for her behind him (on his and made her observe the veil.

We were in the company of Abu Musa Al-Ash`ari and there were friendly relations between us and this tribe of Jarm. Abu Musa was presented with a dish containing chicken. Among the people there was sitting a red-faced man who did not come near the food. Abu Musa said (to him), "Come on (and eat), for I have seen Allah's Apostle eating of it (i.e. chicken)." He said, "I have seen it eating something (dirty) and since then I have disliked it, and have taken an oath that I shall not eat it ' Abu Musa said, "Come on, I will tell you (or narrate to you). Once I went to Allah s Apostle with a group of Al-Ash`ariyin, and met him while he was angry, distributing some camels of rak`at. We asked for mounts but he took an oath that he would not give us any mounts, and added, 'I have nothing to mount you on' In the meantime some camels of booty were brought to Allah's Apostle and he asked twice, 'Where are Al-Ash`ariyin?" So he gave us five white camels with big humps. We stayed for a short while (after we had covered a little distance), and then I said to my companions, "Allah's Apostle has forgotten his oath. By Allah, if we do not remind Allah's Apostle of his oath, we will never be successful." So we returned to the Prophet and said, "O Allah's Apostle! We asked you for mounts, but you took an oath that you would not give us any mounts; we think that you have forgotten your oath.' He said, 'It is Allah Who has given you mounts. By Allah, and Allah willing, if I take an oath and later find something else better than that. then I do what is better and expiate my oath.' "

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband has damages against her guardian."

Malik said, "The husband has damages against her guardian when the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."

I heard the Messenger of Allah (saws) say: The witr is a duty, so he who does not observe it does not belong to us; the witr is a duty, so he who does not observe it does not belong to us; the witr is a duty, so he who does not observe it does not belong to us.

The Prophet said, "(Allah said), 'Every good deed of Adam's son is for him except fasting; it is for Me. and I shall reward (the fasting person) for it.' Verily, the smell of the mouth of a fasting person is better to Allah than the smell of musk."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Prayer in congregation is better than the prayer of a man by himself by twenty-seven degrees."

A silken cloth was given as a present to the Prophet . His companions started touching it and admiring its softness. The Prophet said, "Are you admiring its softness? The handkerchiefs of Sa`d bin Mu`adh (in Paradise) are better and softer than it."

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."