Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."

Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money."

Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value."

Habib ibn Salim said: A man called AbdurRahman ibn Hunayn had intercourse with his wife's slave-girl. The matter was brought to an-Nu'man ibn Bashir who was the Governor of Kufah. He said: I shall decide between you in accordance with the decision of the Messenger of Allah (saws). If she made her lawful for you, I shall flog you one hundred lashes. If she did not make her lawful for you, I shall stone you to death. So they found that she had made her lawful for him. He, therefore, flogged him one hundred lashes.

Qatadah said: I wrote to Habib b. Salim; so he wrote this (tradition) to me.

Some of the children of al-Ala' ibn al-Hadrami said: Al-Ala' ibn al-Hadrami was the governor of the Prophet (saws) at al-Bahrayn, and when he wrote to him he began with his won name.

The Messenger of Allah (saws) gave him that wood as a protected land.

When Umar ibn al-Khattab succeeded, Sufyan ibn Wahb wrote to Umar asking him about this wood. Umar ibn al-Khattab wrote to him: If he (Hilal) pays you the tithe on honey what he used to pay to the Messenger of Allah (saws), leave the protected land of Salabah in his possession; otherwise those bees are like those of any wood; anyone can take the honey as he likes.

I passed by a place called Ar-Rabadha and by chance I met Abu Dhar and asked him, "What has brought you to this place?" He said, "I was in Sham and differed with Muawiya on the meaning of (the following verses of the Qur'an): 'They who hoard up gold and silver and spend them not in the way of Allah.' (9.34). Muawiya said, 'This verse is revealed regarding the people of the scriptures." I said, It was revealed regarding us and also the people of the scriptures." So we had a quarrel and Mu'awiya sent a complaint against me to `Uthman. `Uthman wrote to me to come to Medina, and I came to Medina. Many people came to me as if they had not seen me before. So I told this to `Uthman who said to me, "You may depart and live nearby if you wish." That was the reason for my being here for even if an Ethiopian had been nominated as my ruler, I would have obeyed him .

While I was with the Prophet , some people from Bani Tamim came to him. The Prophet said, "O Bani Tamim! Accept the good news!" They said, "You have given us the good news; now give us (something)." (After a while) some Yemenites entered, and he said to them, "O the people of Yemen! Accept the good news, as Bani Tamim have refused it. " They said, "We accept it, for we have come to you to learn the Religion. So we ask you what the beginning of this universe was." The Prophet said "There was Allah and nothing else before Him and His Throne was over the water, and He then created the Heavens and the Earth and wrote everything in the Book." Then a man came to me and said, 'O `Imran! Follow your she-camel for it has run away!" So I set out seeking it, and behold, it was beyond the mirage! By Allah, I wished that it (my she-camel) had gone but that I had not left (the gathering). "

From Malik from Abu'z-Zinad that Umar ibn Abd al-Aziz wrote to Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab who was the governor of Kufa, "Pronounce judgement on the basis of an oath with one witness."

`Abdul-Malik bin Marwan wrote to Al-Hajjaj that he should follow `Abdullah bin `Umar in all the ceremonies of Hajj. So when it was the Day of `Arafat (9th of Dhul-Hijja), and after the sun has deviated or has declined from the middle of the sky, I and Ibn `Umar came and he shouted near the cotton (cloth) tent of Al-Hajjaj, "Where is he?" Al-Hajjaj came out. Ibn `Umar said, "Let us proceed (to `Arafat)." Al-Hajjaj asked, "Just now?" Ibn `Umar replied, "Yes." Al-Hajjaj said, "Wait for me till I pour water on me (i.e. take a bath)." So, Ibn `Umar dismounted (and waited) till Al-Hajjaj came out. He was walking between me and my father. I informed Al-Hajjaj, "If you want to follow the Sunna today, then you should shorten the sermon and then hurry up for the stay (at `Arafat)." Ibn `Umar said, "He (Salim) has spoken the truth."

I went to the Prophet and tied my she-camel at the gate. The people of Bani Tamim came to the Prophet who said "O Bani Tamim! Accept the good tidings." They said twice, 'You have given us the good tidings, now give us something" Then some Yemenites came to him and he said, "Accept the good tidings, O people of Yemem, for Bani Tamim refused them." They said, "We accept it, O Allah's Apostle! We have come to ask you about this matter (i.e. the start of creations)." He said, "First of all, there was nothing but Allah, and (then He created His Throne). His throne was over the water, and He wrote everything in the Book (in the Heaven) and created the Heavens and the Earth." Then a man shouted, "O Ibn Husain! Your she-camel has gone away!" So, I went away and could not see the she-camel because of the mirage. By Allah, I wished I had left that she-camel (but not that gathering).

That Najdah Al-Haruri wrote to Ibn 'Abbas asking if the Messenger of Allah (saws) would fight along with women, and if he would fix a share of the spoils of war for them. Ibn 'Abbas wrote to him: "You wrote to me asking me if the Messenger of Allah (saws) would fight along with women. He did fight along with them, as they would treat the wounded. They received something from the spoils of war, but as for their share, then he did not fix a share for them."

There is something on this topic from Anas and Umm 'Atiyyah.

This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge. It is the view of Sufyan Ath-Thawri and Ash-Shafi'i. Some of them said that a share is given to the woman and the boy, and this is the view of Al-Awza'i.

Al-Awza'i said: The Prophet (saws) gave a portion to the boys at Khaibar, and the Aimmah of the Muslims gave a portion to every child born in the land of war." Al-Awza'i said: "The Prophet (saws) gave a portion to the women at Khaibar, and that was followed by the Muslims after him." This was narrated to us by 'Ali bin Khashram (who said): "'Eisa bin Yunus narrated this to us from Al-Awza'i."

The meaning of his saying: "They received something from the spoils of war" it is said that he conferred something on them (the women) from the spoils of war.

The Prophet (saws) assigned as a fief to Bilal ibn Harith al-Muzani the mines of al-Qabaliyyah, both those which lay on the upper side those and which lay on the lower side. The narrator, Ibn an-Nadr, added: "also Jars and Dhat an-Nusub." The agreed version reads: "and (the land) which is suitable for cultivation at Quds". He did not assign to Bilal ibn al-Harith the right of any Muslim. The Prophet (saws) wrote a document to him:

"This is what the Messenger of Allah (saws) assigned to Bilal ibn al-Harith al-Muzani. He gave him the mines of al-Qabaliyyah both those which lay on the upper and lower side, and that which is fit for cultivation at Quds. He did not give him the right of any Muslim."

The narrator AbuUways said: A similar tradition has been transmitted to me by Thawr ibn Zayd from Ikrimah on the authority of Ibn Abbas from the Prophet (saws). Ibn an-Nadr added: Ubayy ibn Ka'b wrote it.

When the Prophet went out for the `Umra in the month of Dhal-Qa'da, the people of Mecca did not allow him to enter Mecca till he agreed to conclude a peace treaty with them by virtue of which he would stay in Mecca for three days only (in the following year). When the agreement was being written, the Muslims wrote: "This is the peace treaty, which Muhammad, Apostle of Allah has concluded." The infidels said (to the Prophet), "We do not agree with you on this, for if we knew that you are Apostle of Allah we would not have prevented you for anything (i.e. entering Mecca, etc.), but you are Muhammad, the son of `Abdullah." Then he said to `Ali, "Erase (the name of) 'Apostle of Allah'." `Ali said, "No, by Allah, I will never erase you (i.e. your name)." Then Allah's Apostle took the writing sheet...and he did not know a better writing..and he wrote or got it the following written! "This is the peace treaty which Muhammad, the son of `Abdullah, has concluded: "Muhammad should not bring arms into Mecca except sheathed swords, and should not take with him any person of the people of Mecca even if such a person wanted to follow him, and if any of his companions wants to stay in Mecca, he should not forbid him." (In the next year) when the Prophet entered Mecca and the allowed period of stay elapsed, the infidels came to `Ali and said "Tell your companion (Muhammad) to go out, as the allowed period of his stay has finished." So the Prophet departed (from Mecca) and the daughter of Hamza followed him shouting "O Uncle, O Uncle!" `Ali took her by the hand and said to Fatima, "Take the daughter of your uncle." So she made her ride (on her horse). (When they reached Medina) `Ali, Zaid and Ja`far quarreled about her. `Ali said, "I took her for she is the daughter of my uncle." Ja`far said, "She is the daughter of my uncle and her aunt is my wife." Zaid said, "She is the daughter of my brother." On that, the Prophet gave her to her aunt and said, "The aunt is of the same status as the mother." He then said to `Ali, "You are from me, and I am from you," and said to Ja`far, "You resemble me in appearance and character," and said to Zaid, "You are our brother and our freed slave." `Ali said to the Prophet 'Won't you marry the daughter of Hamza?" The Prophet said, "She is the daughter of my foster brother."

When the Messenger of Allah (saws) appeared as a prophet, Hamdan said to me: Will you go to this man and negotiate for us (with him)? If you accept something, we shall accept it, and if you disapprove of something, we shall disapprove of it.

I said: Yes. So I proceeded until I came to the Messenger of Allah (saws). I liked his motive and my people embraced Islam. The Messenger of Allah (saws) wrote the document for Umayr Dhu Marran. He also sent Malik ibn Murarah ar-Rahawi to all the (people of) Yemen. So Akk Dhu Khaywan embraced Islam.

Akk was told: Go to the Messenger of Allah (saws), and obtain his protection for your town and property. He therefore came (to him) and the Messenger of Allah (saws) wrote a document for him:

"In the name of Allah, Most Beneficent, Most Merciful. From Muhammad, the Messenger of Allah, to Akk Dhu Khaywan. If he is true his land, property and slave, he has the security and the protection of Allah, and Muhammad, the Messenger of Allah. Written by Khalid ibn Sa'id ibn al-'As."

`Abdul Malik wrote to Al-Hajjaj that he should not differ from Ibn `Umar during Hajj. On the Day of `Arafat, when the sun declined at midday, Ibn `Umar came along with me and shouted near Al- Hajjaj's cotton (cloth) tent. Al-Hajjaj came Out, wrapping himself with a waist-sheet dyed with safflower, and said, "O Abu `Abdur-Rahman! What is the matter?" He said, If you want to follow the Sunna (the tradition of the Prophet (p.b.u.h) ) then proceed (to `Arafat)." Al-Hajjaj asked, "At this very hour?" Ibn `Umar said, "Yes." He replied, "Please wait for me till I pour some water over my head (i.e. take a bath) and come out." Then Ibn `Umar dismounted and waited till Al-Hajjaj came out. So, he (Al-Hajjaj) walked in between me and my father (Ibn `Umar). I said to him, "If you want to follow the Sunna then deliver a brief sermon and hurry up for the stay at `Arafat." He started looking at `Abdullah (Ibn `Umar) (inquiringly), and when `Abdullah noticed that, he said that he had told the truth.

The Messenger of Allah (saws) ordered me (to learn the writing of the Jews), so I learnt for him the writing of the Jews. He said: I swear by Allah, I do not trust Jews in respect of writing for me. So I learnt it, and only a fortnight passed before I mastered it. I would write for him when he wrote (to them), and read to him when something was written to him.

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."