Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

Allah's Apostle used to accept gifts and used to give something in return.

Ya'ish ibn Tikhfat al-Ghifari said: My father was one of the people in the Suffah.

The Messenger of Allah (saws) said: Come with us to the house of Aisha. So we went and he said: Give us food, Aisha. She brought hashishah and we ate. He then said: Give us food, Aisha. She then brought haysah as small in quantity as a pigeon and we ate. He then said: Give us something to drink, Aisha. So she brought a bowl of milk, and we drank. Again he said: Give us something to drink, Aisha. She then brought a small cup and we drank. He then said: If you wish, you may spend the night (here), or if you wish, you may go to the mosque.

He said: While I was lying on my stomach because of pain in the lung, a man began to shake me with his foot and then said: This is a method of lying which Allah hates. I looked and saw that he was the Messenger of Allah (saws).

We went out with the Prophet to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An- Nu`man bin Sharahil, and her wet nurse was with her. When the Prophet entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family."

The Messenger of Allah (saws) sent AbuSa'id ibn al-'As with an expedition from Medina towards Najd. Aban ibn Sa'id and his companions came to the Messenger of Allah (saws) at Khaybar after it had been captured. The girths of their horses were made of palm fibres. Aban said: Give us a share (from the booty), Messenger of Allah. AbuHurayrah said: I said: Do not give them a share, Messenger of Allah. Aban said: Why are you talking so, Wabr. You have come to us from the peak of Dal. The Prophet (saws) said: Sit down, Aban. The Messenger of Allah (saws) did not give any share to them (from the booty).

Abu Dawud said: Malis said: This refers to a man gives his evidence, but he does not know for whom it is meant. Al-Hamdani said: "He should inform the authorities. Ibn al-Sarh said: "He should give it to the ruler. The work ikhbar (inform) occurs in the version of al-Hamdani." Ibn al-Sarh said: "Ibn Abi 'Amrah and not 'Abd al-Rahman."

I heard the Messenger of Allah (saws) as saying something similar to this tradition. He (the narrator) said to AbuHurayrah: What is due on camels? He replied: That you should give the best of your camels (in the path of Allah), that you lend a milch she-camel, you lend your mount for riding, that you lend the stallion for covering, and that you give the milk (to the people) for drinking.

[At-Tirmidhi].

That he heard Allah's Apostle saying, "If a judge gives a verdict according to the best of his knowledge and his verdict is correct (i.e. agrees with Allah and His Apostle's verdict) he will receive a double reward, and if he gives a verdict according to the best of his knowledge and his verdict is wrong, (i.e. against that of Allah and His Apostle) even then he will get a reward ."

Whenever there was drought, `Umar bin Al-Khattab used to ask Allah for rain through Al-`Abbas bin `Abdul Muttalib, saying, "O Allah! We used to request our Prophet to ask You for rain, and You would give us. Now we request the uncle of our Prophet to ask You for rain, so give us rain." And they would be given rain."

A woman would give security from the believers and it would be allowed.

Allah's Apostle said, "O Allah! Give food to the family of Muhammad."

"In the name of Allah, the Merciful, the ompassionate."

The Book of Zakat.

On twenty-four camels or less zakat is paid with sheep, one ewe for every five camels.

On anything above that, up to thirty-five camels, a she-camel in its second year, and, if there is no she camel in its second year, a male camel in its third year.

On anything above that, up to forty-five camels, a she- camel in its third year.

On anything above that, up to sixty camels, a she camel in its fourth year that is ready to be sired.

On anything above that, up to seventy-five camels, a she-camel in its fifth year.

On anything above that, up to ninety camels, two she-camels in their third year.

On anything above that, up to one hundred and twenty camels, two she-camels in their fourth year that are ready to be sired.

On any number of camels above that, for every forty camels, a she-camel in its third year, and for every fifty, a she-camel in its fourth year.

On grazing sheep and goats, if they come to forty or more, up to one hundred and twenty head, one ewe.

On anything above that, up to two hundred head, two ewes.

On anything above that, up to three hundred, three ewes.

On anything above that, for every hundred, one ewe.

A ram should not be taken for zakat. nor an old or an injured ewe, except as the zakat-collector thinks fit.

Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.

Whatever belongs to two associates is settled between them proportionately.

On silver, if it reaches five awaq (two hundred dirhams), one fortieth is paid."

Zayd ibn Aslam said: Abdullah ibn Umar entered upon Mu'awiyah. He asked: (Tell me) your need, AbuAbdurRahman. He replied: Give (the spoils) to those who were set free, for I saw the first thing the Messenger of Allah (saws) did when anything came to him was to give something to those who had been set free.

On his father's authority, said that his grandfather told that the Messenger of Allah (saws) forbade the type of transactions in which earnest money was paid.

Malik said: This means, as we think--Allah better knows-that a man buys a slave or hires an animal, and he says: I give you a dinar on condition that if I give up the transaction or hire, what I gave you is yours.

The Prophet (saws) said: It is not allowable for a believer to keep from a believer for more than three days. If three days pass, he should meet him and give him a salutation, and if he replies to it they will both have shared in the reward; but if he does not reply he will bear his sin (according to Ahmad's version) and the one who gives the salutation will have come forth from the sin of keeping apart.

When the people took the oath of allegiance to `Abdul Malik, `Abdullah bin `Umar wrote to him: "To Allah's Slave, `Abdul Malik, Chief of the believers, I give the Pledge of allegiance that I will listen to and obey Allah's Slave, `Abdul Malik, Chief of the believers, according to Allah's Laws and the Traditions of His Apostle in whatever is within my ability; and my sons too, give the same pledge."

Abu Musa said to `Abdullah bin Mas`ud, "If one does not find water (for ablution) can he give up the prayer?" `Abdullah replied, "If you give the permission to perform Tayammum they will perform Tayammum even if water was available if one of them found it cold." Abu Musa said, "What about the statement of `Ammar to `Umar?" `Abdullah replied, "`Umar was not satisfied by his statement."

The Messenger of Allah (saws) led us in prayer praying two rak'ahs. When he stood up and did not sit (at the end of two rak'ahs) the people stood up along with him. When he finished the prayer and we expect him to give the salutation, he said: "Allah is most great." While sitting and made two prostrations before giving the salutation. Then he gave it.

That he heard Anas bin Malik when he went with him to Al-Walid, saying, "Once the Prophet called the Ansar in order to give them the territory of Bahrain they said, 'No, unless you give to our emigrant brethren a similar share.' On that he said 'If you do not agree to it, then be patient till you meet me, for after me others will be given preference to you."'

Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."

The Prophet (saws) said: Those who are nearest to Allah are they who are first to give a salutation.

That when he went to 'Umar during his Caliphate. 'Umar said to him, "Haven't I been told that you do certain jobs for the people but when you are given payment you refuse to take it?" 'Abdullah added: I said, "Yes." 'Umar said, "Why do you do so?" I said, "I have horses and slaves and I am living in prosperity and I wish that my payment should be kept as a charitable gift for the Muslims." 'Umar said, "Do not do so, for I intended to do the same as you do. Allah's Apostles used to give me gifts and I used to say to him, 'Give it to a more needy one than me.' Once he gave me some money and I said, 'Give it to a more needy person than me,' whereupon the Prophet said, 'Take it and keep it in your possession and then give it in charity. Take what ever comes to you of this money if you are not keen to have it and not asking for it; otherwise (i.e., if it does not come to you) do not seek to have it yourself.' "

The Prophet (saws) said: If any Muslim clothes a Muslim when he is naked, Allah will clothe him with some green garments of Paradise; if any Muslim feeds a Muslim when he is hungry, Allah will feed him with some of the fruits of Paradise; and if any Muslim gives a Muslim drink when he is thirsty, Allah will give him some of the pure wine which is sealed to drink.

Allah's Apostle was offered something to drink. He drank of it while on his right was a boy and on his left were some elderly people. He said to the boy, "May I give these (elderly) people first?" The boy said, "By Allah, O Allah's Apostle! I will not give up my share from you to somebody else." On that Allah's Apostle placed the cup in the hand of that boy.

Yahya related to me from Malik that Ziyad ibn Abi Ziyad said that Abu'd-Darda had said, "Shall I not tell you the best of your deeds, and those that give you the highest rank, and those that are the purest with your King, and are better for you than giving gold and silver, and better for you than meeting your enemy and striking their necks?" They said, "Of course." He said, "Remembrance (dhikr) of Allah ta ala."

The people used to rent their land for cultivation for one-third, one-fourth or half its yield. The Prophet said, "Whoever has land should cultivate it himself or give it to his (Muslim) brother gratis; otherwise keep it uncultivated." Narrated Abu Huraira: Allah's Apostle said, "Whoever has land should cultivate it himself or give it to his (Muslim) brother gratis; otherwise he should keep it uncultivated."

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. "

Allah's Apostle said, "Whoever has (the following) four characteristics will be a pure hypocrite: "If he speaks, he tells a lie; if he gives a promise, he breaks it, if he makes a covenant he proves treacherous; and if he quarrels, he behaves in a very imprudent evil insulting manner (unjust). And whoever has one of these characteristics, has one characteristic of a hypocrite, unless he gives it us."

Mu'adh willed this supplication to the narrator al-Sunabihi and al-Sunabihi to 'Abu Abd al-Rahman.

On `Id ul Fitr or `Id ul Adha Allah's Apostle (p.b.u.h) went out to the Musalla. After finishing the prayer, he delivered the sermon and ordered the people to give alms. He said, "O people! Give alms." Then he went towards the women and said. "O women! Give alms, for I have seen that the majority of the dwellers of Hell-Fire were you (women)." The women asked, "O Allah's Apostle! What is the reason for it?" He replied, "O women! You curse frequently, and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. O women, some of you can lead a cautious wise man astray." Then he left. And when he reached his house, Zainab, the wife of Ibn Mas`ud, came and asked permission to enter It was said, "O Allah's Apostle! It is Zainab." He asked, 'Which Zainab?" The reply was that she was the wife of Ibn Mas'ub. He said, "Yes, allow her to enter." And she was admitted. Then she said, "O Prophet of Allah! Today you ordered people to give alms and I had an ornament and intended to give it as alms, but Ibn Mas`ud said that he and his children deserved it more than anybody else." The Prophet replied, "Ibn Mas`ud had spoken the truth. Your husband and your children had more right to it than anybody else."

I was sitting in al-Batha with a company among whom the Messenger of Allah (saws) was sitting, when a cloud passed above them.

The Messenger of Allah (saws) looked at it and said: What do you call this? They said: Sahab.

He said: And muzn? They said: And muzn. He said: And anan? They said: And anan. AbuDawud said: I am not quite confident about the word anan. He asked: Do you know the distance between Heaven and Earth? They replied: We do not know. He then said: The distance between them is seventy-one, seventy-two, or seventy-three years. The heaven which is above it is at a similar distance (going on till he counted seven heavens). Above the seventh heaven there is a sea, the distance between whose surface and bottom is like that between one heaven and the next. Above that there are eight mountain goats the distance between whose hoofs and haunches is like the distance between one heaven and the next. Then Allah, the Blessed and the Exalted, is above that.

Yahya related to me from Malik that he had asked Ibn Shihab about the word of Allah, the Majestic, the Mighty, "O you who accept, when the call is made for the prayer on the day of jumua, make haste to the remembrance of Allah."(Sura 62 ayat 9). Ibn Shihab said, ''Umar ibn al-Khattab used to recite, 'When the call is made for the prayer on the day of jumua, go to the remembrance of Allah.' "

Malik said, "Making haste in the Book of Allah is only deed and action. Allah the Blessed, the Exalted, says 'and when he turns away, he acts in the land' (Sura 2 ayat 205), and He, the Exalted, said, 'and as for the one who comes to you acting with fear' (Sura 80 ayat 8), and He said, 'then he turned his back, and acted' (Sura 79 ayat 22),and He said, 'Your deeds are diverse' " (Sura 92 ayat 4). Malik said, "Thus making haste which Allah mentions in His Book is not running on the feet or exertion. It only means deed and actions."

Allah's Apostle, the true and truly inspired said, "(The matter of the Creation of) a human being is put together in the womb of the mother in forty days, and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things. He is ordered to write down his (i.e. the new creature's) deeds, his livelihood, his (date of) death, and whether he will be blessed or wretched (in religion). Then the soul is breathed into him. So, a man amongst you may do (good deeds till there is only a cubit between him and Paradise and then what has been written for him decides his behavior and he starts doing (evil) deeds characteristic of the people of the (Hell) Fire. And similarly a man amongst you may do (evil) deeds till there is only a cubit between him and the (Hell) Fire, and then what has been written for him decides his behavior, and he starts doing deeds characteristic of the people of Paradise."

Allah's Apostle, the true and truly inspired said, "(as regards your creation), every one of you is collected in the womb of his mother for the first forty days, and then he becomes a clot for another forty days, and then a piece of flesh for another forty days. Then Allah sends an angel to write four items: He writes his deeds, time of his death, means of his livelihood, and whether he will be wretched or blessed (in religion). Then the soul is breathed into his body. So a man may do deeds characteristic of the people of the (Hell) Fire, so much so that there is only the distance of a cubit between him and it, and then what has been written (by the angel) surpasses, and so he starts doing deeds characteristic of the people of Paradise and enters Paradise. Similarly, a person may do deeds characteristic of the people of Paradise, so much so that there is only the distance of a cubit between him and it, and then what has been written (by the angel) surpasses, and he starts doing deeds of the people of the (Hell) Fire and enters the (Hell) Fire."

A client of the Prophet (saws) died and left some property, but he left no child or relative. The Messenger of Allah (saws) said: Give what he has left to a man belonging to his village.

Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet (saws) said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.