The Prophet said, "I am only a human being, and you people have disputes. May be some one amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favor according to what I hear. Beware! If ever I give (by error) somebody something of his brother's right then he should not take it as I have only, given him a piece of Fire." (See Hadith No. 638. Vol. 3)

Allah's Apostle said, "I am only a human being, and you people (opponents) come to me with your cases; and it may be that one of you can present his case eloquently in a more convincing way than the other, and I give my verdict according to what I hear. So if ever I judge (by error) and give the right of a brother to his other (brother) then he (the latter) should not take it, for I am giving him only a piece of Fire." (See Hadith No. 638, Vol. 3).

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."

The Prophet said, "On the Day of Resurrection the Believers will assemble and say, 'Let us ask somebody to intercede for us with our Lord.' So they will go to Adam and say, 'You are the father of all the people, and Allah created you with His Own Hands, and ordered the angels to prostrate to you, and taught you the names of all things; so please intercede for us with your Lord, so that He may relieve us from this place of ours.' Adam will say, 'I am not fit for this (i.e. intercession for you).' Then Adam will remember his sin and feel ashamed thereof. He will say, 'Go to Noah, for he was the first Apostle, Allah sent to the inhabitants of the earth.' They will go to him and Noah will say, 'I am not fit for this undertaking.' He will remember his appeal to his Lord to do what he had no knowledge of, then he will feel ashamed thereof and will say, 'Go to the Khalil--r-Rahman (i.e. Abraham).' They will go to him and he will say, 'I am not fit for this undertaking. Go to Moses, the slave to whom Allah spoke (directly) and gave him the Torah .' So they will go to him and he will say, 'I am not fit for this undertaking.' and he will mention (his) killing a person who was not a killer, and so he will feel ashamed thereof before his Lord, and he will say, 'Go to Jesus, Allah's Slave, His Apostle and Allah's Word and a Spirit coming from Him. Jesus will say, 'I am not fit for this undertaking, go to Muhammad the Slave of Allah whose past and future sins were forgiven by Allah.' So they will come to me and I will proceed till I will ask my Lord's Permission and I will be given permission. When I see my Lord, I will fall down in Prostration and He will let me remain in that state as long as He wishes and then I will be addressed.' (Muhammad!) Raise your head. Ask, and your request will be granted; say, and your saying will be listened to; intercede, and your intercession will be accepted.' I will raise my head and praise Allah with a saying (i.e. invocation) He will teach me, and then I will intercede. He will fix a limit for me (to intercede for) whom I will admit into Paradise. Then I will come back again to Allah, and when I see my Lord, the same thing will happen to me. And then I will intercede and Allah will fix a limit for me to intercede whom I will let into Paradise, then I will come back for the third time; and then I will come back for the fourth time, and will say, 'None remains in Hell but those whom the Qur'an has imprisoned (in Hell) and who have been destined to an eternal stay in Hell.' " (The compiler) Abu `Abdullah said: 'But those whom the Qur'an has imprisoned in Hell,' refers to the Statement of Allah: "They will dwell therein forever." (16.29)

Allah's Apostle said, "The riding one should greet the walking one, and the walking one should greet the sitting one, and the small number of persons should greet the large number of persons."

Allah's Apostle said, "The riding person should greet the walking one, and the walking one should greet the sitting one, and the small number of persons should greet the large number of persons."

Allah's Apostle said, "The younger person should greet the older one, and the walking person should greet the sitting one, and the small number of persons should greet the large number of persons."

Humaid b. 'Abd al-Rahman reported that Abu Huraira had narrated to him that the Apostle of Allah (may peace be upon him) commanded the person (who) broke the fast in Ramadan to free a slave or observe fasts for two (consecutive) months or feed sixty poor persons.

Today a man came to me and asked me a question which I did not know how to answer. He said, "Tell me, if a wealthy active man, well-equipped with arms, goes out on military expeditions with our chiefs, and orders us to do such things as we cannot do (should we obey him?)" I replied, "By Allah, I do not know what to reply you, except that we, were in the company of the Prophet and he used to order us to do a thing once only till we finished it. And no doubt, everyone among you will remain in a good state as long as he obeys Allah. If one is in doubt as to the legality of something, he should ask somebody who would satisfy him, but soon will come a time when you will not find such a man. By Him, except Whom none has the right to be worshipped. I see that the example of what has passed of this life (to what remains thereof) is like a pond whose fresh water has been used up and nothing remains but muddy water."

Allah's Apostle said, "When (Allah's) slave is put in his grave and his companions return and he even hears their footsteps, two angels come to him and make him sit and ask, 'What did you use to say about this man (i.e. Muhammad)?' The faithful Believer will say, 'I testify that he is Allah's slave and His Apostle.' Then they will say to him, 'Look at your place in the Hell Fire; Allah has given you a place in Paradise instead of it.' So he will see both his places." (Qatada said, "We were informed that his grave would be made spacious." Then Qatada went back to the narration of Anas who said;) Whereas a hypocrite or a non-believer will be asked, "What did you use to say about this man." He will reply, "I do not know; but I used to say what the people used to say." So they will say to him, "Neither did you know nor did you take the guidance (by reciting the Qur'an)." Then he will be hit with iron hammers once, that he will send such a cry as everything near to him will hear, except Jinns and human beings. (See Hadith No. 422).

Yahya said that he heard Malik say, "What is done in our community about a slave who finds something and uses it before the term which is set for finds has been reached, and that is a year, is that it is against his person. Either his master gives the price of what his slave has used, or he surrenders his slave to them as compensation. If he withheld it until the term was reached which is set for finds and he used it, it is a debt against him which follows him and it is not against his person and there is nothing against his master in it."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Abd al-Qari mentioned to him that he once did tawaf of the House with Umar ibn al-Khattab after subh and when Umar had finished his tawaf he looked and saw that the sun had not yet risen, so he rode on until he made his camel kneel at Dhu Tuwa, and he prayed two rakas.

Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided."

Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family."

Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing."

The Prophet (saws) said: A man should not look at the private parts of another man, and a woman should not look at the private parts of another woman. A man should not lie with another man without wearing lower garment under one cover; and a woman should not be lie with another woman without wearing lower garment under one cover.

I used to learn the reading of the Qur'an from Umm Sa'd, daughter of al-Rabi'. She was an orphan in the guardianship of Abu Bakr. I read the Qur'anic verse "To those also to whom your right hand was pledged." She said: Do not read the verse; "To those also to whom your right hand was pledged." This was revealed about Abu Bakr and his son 'Abd al-Rahman when he refused to accept Islam. Abu Bakr took an oath that he would not give him a share from inheritance. When he embraced Islam Allah Most High commanded His Prophet (saws) to give him the share.

The narrator 'Abd al-Aziz added: He did not accept Islam until he was urged on Islam by sword.

Abu Dawud said: He who narrated the word 'aqadat means a pact ; and he who narrated the word 'aaqadat means the party who made a pact. The correct is the tradition of Talhah ('aaqadat).

The people of (the tribe of) Quraiza agreed upon to accept the verdict of Sa`d. The Prophet sent for him (Sa`d) and he came. The Prophet said (to those people), "Get up for your chief or the best among you!" Sa`d sat beside the Prophet and the Prophet said (to him), "These people have agreed to accept your verdict." Sa`d said, "So I give my judgment that their warriors should be killed and their women and children should be taken as captives." The Prophet said, "You have judged according to the King's (Allah's) judgment." (See Hadith No. 447, Vol. 5)

Urwah reported on the authority of his father that Abdullah ibn al-Arqam travelled for performing hajj (pilgrimage) or umrah. He was accompanied by the people whom he led in prayer. One day when he was leading them in the dawn (fajr) prayer, he said to them: One of you should come forward. He then went away to relieve himself. He said: I heard the Messenger of Allah (saws) say: When any of you feels the need of relieving himself while the congregational prayer is ready, he should go to relieve himself.

'Imran b. Husain reported that a person bit the hand of a person. He withdrew his hand and his foretooth or foreteeth fell down. He (the man who lost his teeth) referred the matter to Allah's Messenger (may peace be upon him) and he said, What do you want me to do? Do you ask me that I should order him to put his hand in your mouth, and you should bite it as the camel bites? (If you want retaliation, then the only way out is) that you put your hand in his mouth (allow him) to bite that and then draw it away.

Abu Bakra wrote to his son who was in Sijistan: 'Do not judge between two persons when you are angry, for I heard the Prophet saying, "A judge should not judge between two persons while he is in an angry mood."

I never prayed behind any Imam a prayer lighter and more perfect than that behind the Prophet and he used to cut short the prayer whenever he heard the cries of a child lest he should put the child's mother to trial.

Yahya related to me from Malik from Afif as-Sahmi that a man from the tribe of Bani Asad asked Abu Ayyub al-Ansari. "Sometimes I pray in my house, and then come to the mosque and find the imam praying. Should I pray with him?" Abu Ayyub said, "Yes, pray with him, for some one who does so has the reward of the group, or the equivalent of the reward of the group."

'Uwaimir came to `Asim bin `Adi who was the chief of Bani Ajlan and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e. the husband), or what should he do? Please ask Allah's Apostle about this matter on my behalf." `Asim then went to the Prophet and said, "O Allah's Apostle! (And asked him that question) but Allah's Apostle disliked the question," When 'Uwaimir asked `Asim (about the Prophet's answer) `Asim replied that Allah's Apostle disliked such questions and considered it shameful. "Uwaimir then said, "By Allah, I will not give up asking unless I ask Allah's Apostle about it." Uwaimir came (to the Prophet ) and said, "O Allah's Apostle! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Qisas) or what should he do?" Allah's Apostle said, "Allah has revealed regarding you and your wife's case in the Qur'an "So Allah's Apostle ordered them to perform the measures of Mula'ana according to what Allah had mentioned in His Book. So 'Uwaimir did Mula'ana with her and said, "O Allah's Apostle! If I kept her I would oppress her." So 'Uwaimir divorced her and so divorce became a tradition after them for those who happened to be involved in a case of Mula'ana. Allah's Apostle then said, "Look! If she (Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahra then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allah's Apostle had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.

Yahya related to me from Malik that Humayd ibn Oays al-Makki told him, "I was with Mujahid while he was performing tawaf around the Kaba, and a man came to him and asked whether the days (of fasting) for kaffara had to be fasted consecutively, or could they be split up. I said to him, 'Yes, they can be split up, if the person so wishes.' Mujahid said, 'He should not split them up, because in Ubayy ibn Kab's recitation they are referred to as three consecutive days.' "

Malik said, "What I like most is what Allah has specified in the Qur'an, that is, that they are fasted consecutively."

Malik was asked about a woman who began the day fasting in Ramadan and though it was outside of the time of her period, fresh blood (i.e. not menstrual blood) flowed from her. She then waited until evening to see the same, but did not see anything.Then, on the next day in the morning she had anotherflow, though less than the first. Then, some days before her period, the flow stopped completely. Malik was asked what she should do about her fasting and prayer, and he said, "This blood is like menstrual blood. When she sees it she should break her fast, and then make up the days she has missed. Then, when the blood has completely stopped, she should do ghusl and fast."

Malik was asked whether someone who became muslim on the last day of Ramadan had to make up all of Ramadan or whether he just had to make up the day when he became muslim, and he said, "He does not have to make up any of the days that have passed. He begins fasting from that day onwards. What I like most is that he makes up the day on which he became muslim."

I came to the Prophet and he said to me, "Come near." So I went near to him and he said, "Are your lice troubling you?" I replied, "Yes." He said, "(Shave your head and) make expiation in the form of fasting, Sadaqa (giving in charity), or offering a sacrifice." (The sub-narrator) Aiyub said, "Fasting should be for three days, and the Nusuk (sacrifice) is to be a sheep, and the Sadaqa is to be given to six poor persons."

Yahya related to me from Malik from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, stimulated people for jihad and mentioned the Garden. One of the Ansar was eating some dates in his hand, and said, "Am I so desirous of this world that I should sit until I finish them?" He threw aside what was in his hand and took his sword, and fought until he was slain .

I asked the Prophet, "What is the greatest sin in the Sight of Allah?" He said, "That you set up a rival unto Allah though He Alone created you." I said, "That is indeed a great sin." Then asked, "What is next?" He said, "To kill your son lest he should share your food with you." I asked, "What is next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

Yahya related to me from Malik from Ibn Shihab from Abu Abd ar- Rahman that Zayd ibn Thabit said that if a man divorced his slave-girl three times and then bought her, she was not halal for him until she had married another husband.

'A'isha reported that the husband of Barira was a slave.

I asked al-Bara' ibn Azib: What should be avoided in sacrificial animals? He said: The Messenger of Allah (saws) stood among us, and my fingers are smaller than his fingers, and my fingertips are smaller than his fingertips. He said (pointing with his fingers): Four (types of animals) should be avoided in sacrifice: A One-eyed animal which has obviously lost the sight of one eye, a sick animal which is obviously sick, a lame animal which obviously limps and an animal with a broken leg with no marrow. I also detest an animal which has defective teeth. He said: Leave what you detest, but do not make it illegal for anyone.

Abu Dawud said: (By a lean animal mean) and animal which has no marrow.

I was in the house of Maymunah. The Messenger of Allah (saws) accompanied by Khalid ibn al-Walid entered. Two roasted long-tailed lizards (dabb) placed on the sticks were brought to him. The Messenger of Allah (saws) spat. Khalid said: I think that you abominate it, Messenger of Allah. He said: Yes. Then the Messenger of Allah (saws) was brought milk, and he drank (it). The Messenger of Allah (saws) then said: When one of you eats food, he should say: O Allah, bless us in it, and give us food (or nourishment) better than it. When he is given milk to drink he should say: O Allah! bless us in it and give us more of it, for no food or drink satisfies like milk.

Abu Dawud said: This is the Musaddad's version.

I saw Safwan and Jundab and Safwan's companions when Jundab was advising. They said, "Did you hear something from Allah's Apostle?" Jundab said, "I heard him saying, 'Whoever does a good deed in order to show off, Allah will expose his intentions on the Day of Resurrection (before the people), and whoever puts the people into difficulties, Allah will put him into difficulties on the Day of Resurrection.'" The people said (to Jundab), "Advise us." He said, "The first thing of the human body to purify is the `Abdomen, so he who can eat nothing but good food (Halal and earned lawfully) should do so, and he who does as much as he can that nothing intervene between him and Paradise by not shedding even a handful of blood, (i.e. murdering) should do so."

Yahya related to me from Malik from Rabia ibn Abd ar-Rahman from Handhala ibn Qays az-Zuraqi from Rafi ibn Khadij that the Messenger of Allah, may Allah bless him and grant him peace, forbade renting out fields.

Handhala said, "I asked Rafi ibn Khadij, about paying in gold and silver, and he said, 'There is no harm in it.' "

Yahya related to me from Malik that Yahya ibn Said said, "I asked Amra bint Abd ar-Rahman if there was anything that was haram for someone who sent a sacrificial animal (to Makka) but did not go there himself, and she told me that she had heard A'isha say, 'It is only some one who goes into ihram for hajj and begins saying the talbiya for whom things are haram.' "

Yahya related to me from Malik from Hisham ibn Urwa that he heard a man ask Urwa ibn az-Zubayr about a man who said to his wife, "Any woman I marry along with you as long as you live will be like my mother's back to me." Urwa ibn az-Zubayr said, "The freeing of slaves is enough to release him from that."

My father bought a slave who practiced the profession of cupping. (My father broke the slave's instruments of cupping). I asked my father why he had done so. He replied, "The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed and receiving or giving Riba, (usury), and cursed the picture-makers."

We asked Hudhaifa to tell us of a person resembling (to some extent) the Prophet in good appearance and straight forward behavior so that we may learn from him (good manners and acceptable conduct). Hudhaifa replied, "I do not know anybody resembling the Prophet (to some extent) in appearance and conduct more than Ibn Um `Abd.

The Messenger of Allah (saws), AbuBakr and Umar burned the belongings of anyone who had been dishonest about booty and beat him.

Abu Dawud said: 'Ali b. Bahr added on the authority of al-Walid, and I did not hear (a tradition) from him: And they denied him his share."

Abu Dawud said: This tradition has also been transmitted by al-Walid b. 'Utbah from 'Abd al-Wahhab b. Najdah; They said: This has been transmitted by al-Walid, from Zuhair b. Muhammad, from 'Amr b. Shu'aib. 'Abd al-Wahhab b. Najdah al-Huti did not mention the words "He denied him his share" (as narrated by 'Ali b. Bahr from al-Walid).

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man of Thaqif gave his wife command over herself, and she said, "You are divorced." He was silent. She said, "You are divorced." He said, "May a stone be in your mouth." She said, "You are divorced." He said, "May a stone be in your mouth." They argued and went to Marwan ibn al-Hakam. He took an oath that he had only given her control over one pronouncement, and then she returned to him.

Malik said that Abd ar-Rahman declared that this decision had amazed al-Qasim, who thought it the best that he had heard on the subject.

Malik added, "That is also the best of what I have heard on the subject."

Abu Dawud said: It has also been narrated by Abu al-Walid al-Tayalisi, but I did not hear him. He reported it from 'Aishah through a different chain of narrators. 'Aishah said: Zainab daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) said to her: Take bath for every prayer. The narrator then reported the tradition (in full).

Abu Dawud said: The version transmitted by 'Abd al-Samad from Sulaiman b. Kathir has: "Perform ablution for every prayer." This is a misunderstanding on the part of 'Abd al-Samad. The correct version is the one narrated by Abu al-Walid.