A man of Kindah and a man of Hadramawt brought their dispute to the Prophet (saws) about a land in the Yemen. Al-Hadrami said: Messenger of Allah, the father of this (man) usurped my land and it is in his possession.

The Prophet asked: Have you any evidence?

Al-Hadrami replied: No, but I make him swear (that he should say) that he does not know that it is my land which his father usurped from me.

Al-Kindi became ready to take the oath.

The Messenger of Allah (saws) said: If anyone usurps the property by taking an oath, he will meet Allah while his hand is mutilated.

Al-Kindi then said: It is his land.

Abu Dawud said : The name of Abu KAthir al-Ubari is Yazid b. ‘Abd al-Rahman b. Ghufailat al-Sahmi. Some said: Uzainah. What is correct is Ghufailah.

Yahya related to me from Zayd ibn Aslam that his father said that he had heard Umar ibn al-Khattab say, "I once gave a noble horse to carry somebody in the way of Allah, and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, 'Do not buy it, even if he gives it to you for one dirham, for someone who takes back his sadaqa is like a dog swallowing its own vomit.' "

I heard As-Saib bin Yazid, saying, "In the lifetime of Allah's Apostle, and Abu Bakr and `Umar, the Adhan for the Jumua prayer used to be pronounced after the Imam had taken his seat on the pulpit. But when the people increased in number during the caliphate of `Uthman, he introduced a third Adhan (on Friday for the Jumua prayer) and it was pronounced at Az-Zaura' and that new state of affairs remained so in the succeeding years.

I saw `Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with Hudhaifa bin Al-Yaman and `Uthman bin Hunaif to whom he said, "What have you done? Do you think that you have imposed more taxation on the land (of As-Swad i.e. 'Iraq) than it can bear?" They replied, "We have imposed on it what it can bear because of its great yield." `Umar again said, "Check whether you have imposed on the land what it can not bear." They said, "No, (we haven't)." `Umar added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after me." But only four days had elapsed when he was stabbed (to death ). The day he was stabbed, I was standing and there was nobody between me and him (i.e. `Umar) except `Abdullah bin `Abbas. Whenever `Umar passed between the two rows, he would say, "Stand in straight lines." When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would recite Surat Yusuf or An-Nahl or the like in the first rak`a so that the people may have the time to Join the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that he had been captured, the non-Arab infidel killed himself, `Umar held the hand of `Abdur-Rahman bin `Auf and let him lead the prayer. Those who were standing by the side of `Umar saw what I saw, but the people who were in the other parts of the Mosque did not see anything, but they lost the voice of `Umar and they were saying, "Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." `Abdur-Rahman bin `Auf led the people a short prayer. When they finished the prayer, `Umar said, "O Ibn `Abbas! Find out who attacked me." Ibn `Abbas kept on looking here and there for a short time and came to say. "The slave of Al Mughira." On that `Umar said, "The craftsman?" Ibn `Abbas said, "Yes." `Umar said, "May Allah curse him. I did not treat him unjustly. All the Praises are for Allah Who has not caused me to die at the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to love to have more non-Arab infidels in Medina." Al-Abbas had the greatest number of slaves. Ibn `Abbas said to `Umar. "If you wish, we will do." He meant, "If you wish we will kill them." `Umar said, "You are mistaken (for you can't kill them) after they have spoken your language, prayed towards your Qibla, and performed Hajj like yours." Then `Umar was carried to his house, and we went along with him, and the people were as if they had never suffered a calamity before. Some said, "Do not worry (he will be Alright soon)." Some said, "We are afraid (that he will die)." Then an infusion of dates was brought to him and he drank it but it came out (of the wound) of his belly. Then milk was brought to him and he drank it, and it also came out of his belly. The people realized that he would die. We went to him, and the people came, praising him. A young man came saying, "O chief of the believers! Receive the glad tidings from Allah to you due to your company with Allah's Apostle and your superiority in Islam which you know. Then you became the ruler (i.e. Caliph) and you ruled with justice and finally you have been martyred." `Umar said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose nor gain anything." When the young man turned back to leave, his clothes seemed to be touching the ground. `Umar said, "Call the young man back to me." (When he came back) `Umar said, "O son of my brother! Lift your clothes, for this will keep your clothes clean and save you from the Punishment of your Lord." `Umar further said, "O `Abdullah bin `Umar! See how much I am in debt to others." When the debt was checked, it amounted to approximately eighty-six thousand. `Umar said, "If the property of `Umar's family covers the debt, then pay the debt thereof; otherwise request it from Bani `Adi bin Ka`b, and if that too is not sufficient, ask for it from Quraish tribe, and do not ask for it from any one else, and pay this debt on my behalf." `Umar then said (to `Abdullah), "Go to `Aisha (the mother of the believers) and say: "`Umar is paying his salutation to you. But don't say: 'The chief of the believers,' because today I am not the chief of the believers. And say: "`Umar bin Al-Khattab asks the permission to be buried with his two companions (i.e. the Prophet, and Abu Bakr)." `Abdullah greeted `Aisha and asked for the permission for entering, and then entered to her and found her sitting and weeping. He said to her, "`Umar bin Al-Khattab is paying his salutations to you, and asks the permission to be buried with his two companions." She said, "I had the idea of having this place for myself, but today I prefer `Umar to myself." When he returned it was said (to `Umar), "`Abdullah bin `Umar has come." `Umar said, "Make me sit up." Somebody supported him against his body and `Umar asked (`Abdullah), "What news do you have?" He said, "O chief of the believers! It is as you wish. She has given the permission." `Umar said, "Praise be to Allah, there was nothing more important to me than this. So when I die, take me, and greet `Aisha and say: "`Umar bin Al-Khattab asks the permission (to be buried with the Prophet ), and if she gives the permission, bury me there, and if she refuses, then take me to the grave-yard of the Muslims." Then Hafsa (the mother of the believers) came with many other women walking with her. When we saw her, we went away. She went in (to `Umar) and wept there for sometime. When the men asked for permission to enter, she went into another place, and we heard her weeping inside. The people said (to `Umar), "O chief of the believers! Appoint a successor." `Umar said, "I do not find anyone more suitable for the job than the following persons or group whom Allah's Apostle had been pleased with before he died." Then `Umar mentioned `Ali, `Uthman, AzZubair, Talha, Sa`d and `Abdur-Rahman (bin `Auf) and said, "Abdullah bin `Umar will be a witness to you, but he will have no share in the rule. His being a witness will compensate him for not sharing the right of ruling. If Sa`d becomes the ruler, it will be alright: otherwise, whoever becomes the ruler should seek his help, as I have not dismissed him because of disability or dishonesty." `Umar added, "I recommend that my successor takes care of the early emigrants; to know their rights and protect their honor and sacred things. I also recommend that he be kind to the Ansar who had lived in Medina before the emigrants and Belief had entered their hearts before them. I recommend that the (ruler) should accept the good of the righteous among them and excuse their wrong-doers, and I recommend that he should do good to all the people of the towns (Al-Ansar), as they are the protectors of Islam and the source of wealth and the source of annoyance to the enemy. I also recommend that nothing be taken from them except from their surplus with their consent. I also recommend that he do good to the 'Arab bedouin, as they are the origin of the 'Arabs and the material of Islam. He should take from what is inferior, amongst their properties and distribute that to the poor amongst them. I also recommend him concerning Allah's and His Apostle's protectees (i.e. Dhimmis) to fulfill their contracts and to fight for them and not to overburden them with what is beyond their ability." So when `Umar expired, we carried him out and set out walking. `Abdullah bin `Umar greeted (`Aisha) and said, "`Umar bin Al-Khattab asks for the permission." `Aisha said, "Bring him in." He was brought in and buried beside his two companions. When he was buried, the group (recommended by `Umar) held a meeting. Then `Abdur-Rahman said, " Reduce the candidates for rulership to three of you." Az-Zubair said, "I give up my right to `Ali." Talha said, "I give up my right to `Uthman," Sa`d, 'I give up my right to `Abdur-Rahman bin `Auf." `Abdur-Rahman then said (to `Uthman and `Ali), "Now which of you is willing to give up his right of candidacy to that he may choose the better of the (remaining) two, bearing in mind that Allah and Islam will be his witnesses." So both the sheiks (i.e. `Uthman and `Ali) kept silent. `Abdur-Rahman said, "Will you both leave this matter to me, and I take Allah as my Witness that I will not choose but the better of you?" They said, "Yes." So `Abdur-Rahman took the hand of one of them (i.e. `Ali) and said, "You are related to Allah's Apostle and one of the earliest Muslims as you know well. So I ask you by Allah to promise that if I select you as a ruler you will do justice, and if I select `Uthman as a ruler you will listen to him and obey him." Then he took the other (i.e. `Uthman) aside and said the same to him. When `Abdur-Rahman secured (their agreement to) this covenant, he said, "O `Uthman! Raise your hand." So he (i.e. `Abdur-Rahman) gave him (i.e. `Uthman) the solemn pledge, and then `Ali gave him the pledge of allegiance and then all the (Medina) people gave him the pledge of allegiance.

Anas reported that Allah's Messenger (may peace be upon him) granted concession, or Zubair b. Awwam and 'Abd Al-Rahman b. Auf were granted concession, for the wearing of silk because of the itch that they both had.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."

Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts."

Um Sulaim said to the Prophet "Anas is your servant." The Prophet said, "O Allah! increase his wealth and offspring, and bless (for him) what ever you give him."

Yahya related to me from Malik from Yahya ibn Said from Abd ar- Rahman ibn al-Qasim that Aslam, the mawla of Umar ibn al-Khattab informed him that he had visited Abdullah ibn Ayyash al-Makhzumi. He saw that he had some nabidh with him and he was at that moment on the way to Makka. Aslam said to him, ''Umar ibn al-Khattab loves this drink." Abdullah ibn Ayyash therefore carried a great drinking bowl and brought it to Umar ibn al-Khattab and placed it before him. Umar brought it near to him and then raised his head. Umar said, "This drink is good," so he drank some of it and then passed it to a man on his right. When Abdullah turned to go, Umar ibn al-Khattab called him and asked, "Are you the person who says that Makka is better than Madina?" Abdullah said, "I said that it was the Haram of Allah, and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah or His Haram." Then Umar repeated "Are you the person who says that Makka is better than Madina?" He replied, "I said that it was the Haram of Allah and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah and His Haram." Then Abdullah left.

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from A'isha, umm al-muminin that when the Messenger of Allah, may Allah bless him and grant him peace, died, the wives of the Prophet, may Allah bless him and grant him peace, wanted to send Uthman ibn Affan to Abu Bakr as-Siddiq to ask him about their inheritance from the Messenger of Allah, may Allah bless him and grant him peace A'isha said to them, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one inherits from us. What we leave is sadaqa.' "

Allah's Apostle said," Whoever says: "La ilaha illal-lah wahdahu la sharika lahu, lahu-l-mulk wa lahul- hamd wa huwa 'ala kulli shai'in qadir," one hundred times will get the same reward as given for manumitting ten slaves; and one hundred good deeds will be written in his accounts, and one hundred sins will be deducted from his accounts, and it (his saying) will be a shield for him from Satan on that day till night, and nobody will be able to do a better deed except the one who does more than he."

I was a blacksmith and did some work for Al-`As bin Wail. When he owed me some money for my work, I went to him to ask for that amount. He said, "I will not pay you unless you disbelieve in Muhammad." I said, "By Allah! I will never do that till you die and be resurrected." He said, "Will I be dead and then resurrected after my death?" I said, "Yes." He said, "There I will have property and offspring and then I will pay you your due." Then Allah revealed. 'Have you seen him who disbelieved in Our signs, and yet says: I will be given property and offspring?' (19.77)

Usama bin Zaid said that while he. Sa`d and Ubai bin Ka`b were with the Prophet a daughter of the Prophet sent a message to him, saying. 'My daughter is dying; please come to us." The Prophet sent her his greetings and added "It is for Allah what He takes, and what He gives; and everything before His sight has a limited period. So she should hope for Allah's reward and remain patient." She again sent a message, beseeching him by Allah, to come. So the Prophet got up. and so did we (and went there). The child was placed on his lap while his breath was irregular. Tears flowed from the eyes of the Prophet. Sa`d said to him, "What is this, O Allah's Apostle?" He said. "This Is Mercy which Allah has embedded in the hearts of whomever He wished of His slaves. And Allah does not bestow His Mercy, except on the merciful among His slaves. (See Hadith No. 373 Vol. 2)

The Prophet said, "Allah created Adam in His picture, sixty cubits (about 30 meters) in height. When He created him, He said (to him), "Go and greet that group of angels sitting there, and listen what they will say in reply to you, for that will be your greeting and the greeting of your offspring." Adam (went and) said, 'As-Salamu alaikum (Peace be upon you).' They replied, 'AsSalamu-'Alaika wa Rahmatullah (Peace and Allah's Mercy be on you) So they increased 'Wa Rahmatullah' The Prophet added 'So whoever will enter Paradise, will be of the shape and picture of Adam Since then the creation of Adam's (offspring) (i.e. stature of human beings is being diminished continuously) to the present time."

The Prophet said, "Everyone of you is a guardian and everyone of you is responsible (for his wards). A ruler is a guardian and is responsible(for his subjects); a man is a guardian of his family and responsible (for them); a wife is a guardian of her husband's house and she is responsible (for it), a slave is a guardian of his master's property and is responsible (for that). Beware! All of you are guardians and are responsible (for your wards).

Allah's Apostle gave the judgment that a male or female slave should be given in Qisas for an abortion case of a woman from the tribe of Bani Lihyan (as blood money for the fetus) but the lady on whom the penalty had been imposed died, so the Prophets ordered that her property be inherited by her offspring and her husband and that the penalty be paid by her Asaba.

Only Um Hani narrated to me that she had seen the Prophet offering the Duha prayer. She said, "On the day of the conquest of Mecca, the Prophet entered my house, took a bath and offered eight rak`at (of Duha prayers. I had never seen the Prophet offering such a light prayer but he performed bowing and prostrations perfectly .

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

Anas b. Malik reported that 'Abd al-Rahman b. Auf and Zu'bair. b. 'Awwam complained to Allah's Messenger (may peace be upon him) about lice; he granted them concession to wear shirts of silk.

I heard Allah's Apostle saying, "The good deeds of any person will not make him enter Paradise." (i.e., None can enter Paradise through his good deeds.) They (the Prophet's companions) said, 'Not even you, O Allah's Apostle?' He said, "Not even myself, unless Allah bestows His favor and mercy on me." So be moderate in your religious deeds and do the deeds that are within your ability: and none of you should wish for death, for if he is a good doer, he may increase his good deeds, and if he is an evil doer, he may repent to Allah."

I heard Allah's Apostle saying, "All of you are guardians and responsible for your charges: the Ruler (i.e. Imam) is a guardian and responsible for his subjects; and a man is a guardian of his family and is responsible for his charges; and a lady is a guardian in the house of her husband and is responsible for her charge; and a servant is a guardian of the property of his master and is responsible for his charge." I think he also said, "And a man is a guardian of the property of his father."

Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."

Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."

Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."

"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."