A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Book (Laws)." His opponent stood up and said, "He has said the truth, so judge between us according to Allah's Laws." The bedouin said, "My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death,' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year of exile.' " The Prophet said, "I shall judge between you according to Allah's Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!" The Prophet addressed some man, "Go in the morning to the wife of this man and stone her to death." So Unais went to her the next morning and stoned her to death.

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

A hadith like this has been narrated on the authority of Hisham with the same chain of narrators but with a slight variation of words.

Jabir reported Allah's Apostle (may peace be upon him) a hadith like it but with a slight variation of wording.

Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta- ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"

Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "

Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "

The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

Jarir said to me, The Prophet said to me, "Won't you relieve me from Dhu-l-Khalasa?" And that was a house (in Yemem belonging to the tribe of) Khatham called Al-Ka`ba Al Yamaniya. I proceeded with one-hundred and-fifty cavalry from Ahmas (tribe) who were horse riders. I used not to sit firm on horses, so the Prophet stroke me over my chest till I saw the mark of his fingers over my chest, and then he said, 'O Allah! Make him (i.e. Jarir) firm and one who guides others and is guided on the right path." So Jarir proceeded to it dismantled and burnt it, and then sent a messenger to Allah's Apostle. The messenger of Jarir said (to the Prophet), "By Him Who sent you with the Truth, I did not leave that place till it was like a scabby camel." The Prophet blessed the horses of Ahmas and their men five times.

Another chain with similar wording.

A hadith like this has been narrated by Abu Huraira with another chain of transmitters with a very slight change of words.

Jabir reported Allah's Apostle (may peace be upon him) narrating a hadith like this with a slight variation of wording.

The Prophet (saws) said: None of you must say: "My slave" (abdi) and "My slave-woman" (amati), and a slave must not say: "My lord" (rabbi or rabbati). The master (of a slave) should say: "My young man" (fataya) and "My young woman" (fatati), and a slave should say "My master" (sayyidi) and "My mistress" (sayyidati), for you are all (Allah's slave and the Lord is Allah, Most High.

Another chain reports a similar hadith.

The Messenger of Allah (saws) prohibited to peck like a crow, and to spread (the forearms) like a wild beast, and to fix a place in the mosque like a camel which fixes its place. These are the wordings of Qutaybah.

The above (No 868) tradition has also been reported through a different chain of narrators by Uqbah ibn Amir to the same effect. This version adds: When the Messenger of Allah (saws) bowed, he said: "Glory and praise be to my mighty Lord" three times, and when he prostrated himself, he said: "Glory and praise be to my most high Lord" three times.

Abu Dawud said: We are afraid the addition of the word "praise" is not guarded.

Ibn `Abbas recited:-- "Except the weak ones among men women and children," (4.98) and said, "My mother and I were among those whom Allah had excused."

Hafsa said, 'We used to forbid our young women to go out for the two `Id prayers. A woman came and stayed at the palace of Bani Khalaf and she narrated about her sister whose husband took part in twelve holy battles along with the Prophet and her sister was with her husband in six (out of these twelve). She (the woman's sister) said, "We used to treat the wounded, look after the patients and once I asked the Prophet, 'Is there any harm for any of us to stay at home if she doesn't have a veil?' He said, 'She should cover herself with the veil of her companion and should participate in the good deeds and in the religious gathering of the Muslims.' When Um `Atiya came I asked her whether she had heard it from the Prophet. She replied, "Yes. May my father be sacrificed for him (the Prophet)! (Whenever she mentioned the Prophet she used to say, 'May my father be sacrificed for him) I have heard the Prophet saying, 'The unmarried young virgins and the mature girl who stay often screened or the young unmarried virgins who often stay screened and the menstruating women should come out and participate in the good deeds as well as the religious gathering of the faithful believers but the menstruating women should keep away from the Musalla (praying place).' " Hafsa asked Um `Atiya surprisingly, "Do you say the menstruating women?" She replied, "Doesn't a menstruating woman attend `Arafat (Hajj) and such and such (other deeds)?"

A hadith like this has been narrated on the authority of" Abdullah b. 'Umar (Allah be pleased with them) but with a slight variation of words.

A hadith like this has been narrated on the authority of 'Ubaidullah, but he made no mention of the words of Ubaidullah that he said to Nafi'.

A hadith like this has been narrated on the authority of A'mash through two other chains of transmitters. The wording is, however, the same.

(freed slave of) Ziyad: I heard Abu Sa`id Al-khudri narrating four things from the Prophet and I appreciated them very much. He said, conveying the words of the Prophet. (1) "A woman should not go on a two day journey except with her husband or a Dhi-Mahram. (2) No fasting is permissible on two days: `Id-ul-Fitr and `Id-ul-Adha. (3) No prayer after two prayers, i.e. after the Fajr prayer till the sunrises and after the `Asr prayer till the sun sets. (4) Do not prepare yourself for a journey except to three Mosques, i.e. Al-Masjid-AI-Haram, the Mosque of Aqsa (Jerusalem) and my Mosque."

My father told me that he was a companion of Abu Darda'. There was in Damascus a man from the companions of the Prophet (saws), called Ibn al-Hanzaliyyah. He was a recluse and rarely met the people. He remained engaged in prayer. When he was not praying he was occupied in glorifying Allah and exalting Him until he went to his family. Once he passed us when we were with AbudDarda'.

AbudDarda' said to him: Tell us a word which benefits us and does not harm you.

He said: The Messenger of Allah (saws) sent out a contingent and it came back. One of the men came and sat in the place where the Messenger of Allah (saws) used to sit, and he said to a man beside him: Would that you saw us when we met the enemy and so-and-so attacked and cut through a lance.

He said: Take it from me and I am a boy of the tribe Ghifar. What do you think about his statement?

He replied: I think his reward was lost. Another man heard it and said: I do not think that there is any harm in it. They quarrelled until the Messenger of Allah (saws) heard it, and he said: Glory be to Allah! There is no harm if he is rewarded and praised. I saw that AbudDarda' was pleased with it and began to raise his hand to him and say: Did you hear it from the Messenger of Allah (saws)?

He said: Yes. He continued to repeat it to him so often that I thought he was going to kneel down. He said: On another day he again passed us.

AbudDarda' said to him: (Tell us) a word which benefits us and does not harm you.

He said: The Messenger of Allah (saws) said to us: One who spends on (the maintenance of) horses (for jihad) is like the one who spreads his hand to give alms (sadaqah) and does not withhold it. He then passed us on another day.

AbudDarda' said to him: (Tell us) a word which benefits us and does no harm to you.

He said: The Messenger of Allah (saws) said: Khuraym al-Asadi would be a fine man were it not for the length of his hair, which reaches the shoulders, and the way he lets his lower garment hang down. When Khuraym heard that, he hurriedly, took a knife, cut his hair in line with his ears and raised his lower garment half way up his legs. He then passed us on another day.

AbudDarda' said to him: (tell us) a word which benefits us and does not harm you.

He said: I heard the Messenger of Allah (saws) say: You are coming to your brethren; so tidy your mounts and tidy your dress, until you are like a mole among the people. Allah does not like obscene words or deeds, or do intentional committing of obscenity.

Abu Dawud said: Similarly, Abu Nu'aim narrated from Hisham. He said: Until you will be like a mole among the people.

Anas b. Malik reported that Allah's Apostle (may peace be upon him) had made for him a silver ring. and got engraved on it (Muhammad, Messenger of Allah) and said to the people I have got made a ring of silver and engraved in it (these words) (Muhammad, Messenger of Allah). So none should engrave these (words) like this engravement.

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

My mother and I were among the weak and oppressed. I from among the children, and my mother from among the women.

The things which annul the prayers were mentioned before me. They said, "Prayer is annulled by a dog, a donkey and a woman (if they pass in front of the praying people)." I said, "You have made us (i.e. women) dogs. I saw the Prophet praying while I used to lie in my bed between him and the Qibla. Whenever I was in need of something, I would slip away. for I disliked to face him."

The things which annul prayer were mentioned before me (and those were): a dog, a donkey and a woman. I said, "You have compared us (women) to donkeys and dogs. By Allah! I saw the Prophet praying while I used to lie in (my) bed between him and the Qibla. Whenever I was in need of something, I disliked to sit and trouble the Prophet. So, I would slip away by the side of his feet."

If anyone says in the morning: "O Allah! whatever oath I take, whatever word I speak, and whatever vow I take, Thine will precedes all that: whatever Thou willeth, occurs, and whatever Thou dost not will, dost not occur. O Allah! pardon me and disregard me for it. O Allah! whomsoever Thou sendest thine blessing, to him my blessing is due, and whomsoever thou cursest, to him my curse is due, " exemption from it will be granted to him that day.

A hadith like this has been transmitted on the authority, of 'Abd al-Malik b. Umair with the same chain of narraters but with a slight change of words.

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."

Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?

"Regarding sheep, for every forty sheep up to one hundred and twenty, one sheep is due. But if you possess only thirty-nine, nothing is payable on them." He further narrated the tradition about the sadaqah (zakat) on sheep like that of az-Zuhri.

"Regarding cattle, a yearling bull calf is payable for every thirty, and a cow in her third year for forty, and nothing is payable on working animals.

Regarding (the zakat on) camels, he mentioned the rates that az-Zuhri mentioned in his tradition. He said: "For twenty-five camels, five sheep are to be paid. If they exceed by one, a she-camel in her second year is to be given. If there is no she-camel in her second year, a male camel in its third year is to be given, up to thirty-five. If they exceed by one a she-camel in her third year is to be given, up to forty-five. If they exceed by one, a she-camel in her fourth year which is ready to be covered by a bull-camel is to be given." He then transmitted the rest of the tradition like that of az-Zuhri.

He continued: If they exceed by one, i.e. they are ninety-one to hundred and twenty, two she-camels in their fourth year, which are ready to be covered by a bull-camel, are to be given. If there are more camels than that, a she-camel in her fourth year is to be given for every fifty. Those which are in one flock are not to be separated, and those which are separate are not to be brought together. An old sheep, one with a defect in the eye, or a billy goat is not to be accepted as a sadaqah unless the collector is willing.

As regards agricultural produce, a tenth is payable on that which is watered by rivers or rain, and a twentieth on that which is watered by draught camels."

The version of Asim and al-Harith says: "Sadaqah (zakat) is payable every year." Zuhayr said: I think he said "Once a year".

The version of Asim has the words: "If a she-camel in her second year is not available among the camels, nor is there a bull-camel in its third year, ten dirhams or two goats are to be given."