That once `Umar bin Al-Khattab called him and while he was sitting with him, his gatekeeper, Yarfa came and said, "Will you admit `Uthman, `Abdur-Rahman bin `Auf, AzZubair and Sa`d (bin Abi Waqqas) who are waiting for your permission?" `Umar said, "Yes, let them come in." After a while, Yarfa- came again and said, "Will you admit `Ali and `Abbas who are asking your permission?" `Umar said, "Yes." So, when the two entered, `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali). "Both of them had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai (i.e. booty gained without fighting), `Ali and `Abbas started reproaching each other. The (present) people (i.e. `Uthman and his companions) said, "O chief of the believers! Give your verdict in their case and relieve each from) the other." `Umar said, "Wait I beseech you, by Allah, by Whose Permission both the heaven and the earth stand fast! Do you know that Allah's Apostle said, 'We (Prophets) our properties are not to be inherited, and whatever we leave, is to be spent in charity,' and he said it about himself?" They (i.e. `Uthman and his company) said, "He did say it. "`Umar then turned towards `Ali and `Abbas and said, "I beseech you both, by Allah! Do you know that Allah's Apostle said this?" They replied in the affirmative. He said, "Now I am talking to you about this matter. Allah the Glorified favored His Apostle with something of this Fai (i.e. booty won without fighting) which He did not give to anybody else. Allah said:-- "And what Allah gave to His Apostle ("Fai"" Booty) from them--For which you made no expedition With either Calvary or camelry. But Allah gives power to His Apostles Over whomsoever He will And Allah is able to do all things." (59.6) So this property was especially granted to Allah's Apostle . But by Allah, the Prophet neither took it all for himself only, nor deprived you of it, but he gave it to all of you and distributed it amongst you till only this remained out of it. And from this Allah's Apostle used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's Property is spent (i.e. in charity), Allah's Apostle kept on acting like that during all his life, Then he died, and Abu Bakr said, 'I am the successor of Allah's Apostle.' So he (i.e. Abu Bakr) took charge of this property and disposed of it in the same manner as Allah's Apostle used to do, and all of you (at that time) knew all about it." Then `Umar turned towards `Ali and `Abbas and said, "You both remember that Abu Bakr disposed of it in the way you have described and Allah knows that, in that matter, he was sincere, pious, rightly guided and the follower of the right. Then Allah caused Abu Bakr to die and I said, 'I am the successor of Allah's Apostle and Abu Bakr.' So I kept this property in my possession for the first two years of my rule (i.e. Caliphate and I used to dispose of it in the same wa as Allah's Apostle and Abu Bakr used to do; and Allah knows that I have been sincere, pious, rightly guided an the follower of the right (in this matte Later on both of you (i.e. `Ali and `Abbas) came to me, and the claim of you both was one and the same, O `Abbas! You also came to me. So I told you both that Allah's Apostle said, "Our property is not inherited, but whatever we leave is to be given in charity.' Then when I thought that I should better hand over this property to you both or the condition that you will promise and pledge before Allah that you will dispose it off in the same way as Allah's Apostle and Abu Bakr did and as I have done since the beginning of my caliphate or else you should not speak to me (about it).' So, both of you said to me, 'Hand it over to us on this condition.' And on this condition I handed it over to you. Do you want me now to give a decision other than that (decision)? By Allah, with Whose Permission both the sky and the earth stand fast, I will never give any decision other than that (decision) till the Last Hour is established. But if you are unable to manage it (i.e. that property), then return it to me, and I will manage on your behalf." The sub-narrator said, "I told `Urwa bin Az-Zubair of this Hadith and he said, 'Malik bin Aus has told the truth" I heard `Aisha, the wife of the Prophet saying, 'The wives of the Prophet sent `Uthman to Abu Bakr demanding from him their 1/8 of the Fai which Allah had granted to his Apostle. But I used to oppose them and say to them: Will you not fear Allah? Don't you know that the Prophet used to say: Our property is not inherited, but whatever we leave is to be given in charity? The Prophet mentioned that regarding himself. He added: 'The family of Muhammad can take their sustenance from this property. So the wives of the Prophet stopped demanding it when I told them of that.' So, this property (of Sadaqa) was in the hands of `Ali who withheld it from `Abbas and overpowered him. Then it came in the hands of Hasan bin `Ali, then in the hands of Husain bin `Ali, and then in the hands of `Ali bin Husain and Hasan bin Hasan, and each of the last two used to manage it in turn, then it came in the hands of Zaid bin Hasan, and it was truly the Sadaqa of Allah's Apostle ."

The Prophet said, "Whoever said "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of a barley grain will be taken out of Hell. And whoever said: "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of a wheat grain will be taken out of Hell. And whoever said, "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of an atom will be taken out of Hell."

(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Apostle in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."

So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house.

Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection of Abu Bakr on condition that he should worship his Lord in his house, but he has violated the conditions and he has built a mosque in front of his house where he prays and recites the Quran publicly. We are now afraid that he may affect our women and children unfavorably. So, prevent him from that. If he likes to confine the worship of his Lord to his house, he may do so, but if he insists on doing that openly, ask him to release you from your obligation to protect him, for we dislike to break our pact with you, but we deny Abu Bakr the right to announce his act publicly." Ibn Ad-Daghina went to Abu- Bakr and said, ("O Abu Bakr!) You know well what contract I have made on your behalf; now, you are either to abide by it, or else release me from my obligation of protecting you, because I do not want the 'Arabs hear that my people have dishonored a contract I have made on behalf of another man." Abu Bakr replied, "I release you from your pact to protect me, and am pleased with the protection from Allah."

At that time the Prophet was in Mecca, and he said to the Muslims, "In a dream I have been shown your migration place, a land of date palm trees, between two mountains, the two stony tracts." So, some people migrated to Medina, and most of those people who had previously migrated to the land of Ethiopia, returned to Medina. Abu Bakr also prepared to leave for Medina, but Allah's Apostle said to him, "Wait for a while, because I hope that I will be allowed to migrate also." Abu Bakr said, "Do you indeed expect this? Let my father be sacrificed for you!" The Prophet said, "Yes." So Abu Bakr did not migrate for the sake of Allah's Apostle in order to accompany him. He fed two she-camels he possessed with the leaves of As-Samur tree that fell on being struck by a stick for four months.

One day, while we were sitting in Abu Bakr's house at noon, someone said to Abu Bakr, "This is Allah's Apostle with his head covered coming at a time at which he never used to visit us before." Abu Bakr said, "May my parents be sacrificed for him. By Allah, he has not come at this hour except for a great necessity." So Allah's Apostle came and asked permission to enter, and he was allowed to enter. When he entered, he said to Abu Bakr. "Tell everyone who is present with you to go away." Abu Bakr replied, "There are none but your family. May my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "i have been given permission to migrate." Abu Bakr said, "Shall I accompany you? May my father be sacrificed for you, O Allah's Apostle!" Allah's Apostle said, "Yes." Abu Bakr said, "O Allah's Apostle! May my father be sacrificed for you, take one of these two she-camels of mine." Allah's Apostle replied, "(I will accept it) with payment." So we prepared the baggage quickly and put some journey food in a leather bag for them. Asma, Abu Bakr's daughter, cut a piece from her waist belt and tied the mouth of the leather bag with it, and for that reason she was named Dhat-un-Nitaqain (i.e. the owner of two belts).

Then Allah's Apostle and Abu Bakr reached a cave on the mountain of Thaur and stayed there for three nights. 'Abdullah bin Abi Bakr who was intelligent and a sagacious youth, used to stay (with them) aver night. He used to leave them before day break so that in the morning he would be with Quraish as if he had spent the night in Mecca. He would keep in mind any plot made against them, and when it became dark he would (go and) inform them of it. 'Amir bin Fuhaira, the freed slave of Abu Bakr, used to bring the milch sheep (of his master, Abu Bakr) to them a little while after nightfall in order to rest the sheep there. So they always had fresh milk at night, the milk of their sheep, and the milk which they warmed by throwing heated stones in it. 'Amir bin Fuhaira would then call the herd away when it was still dark (before daybreak). He did the same in each of those three nights. Allah's Apostle and Abu Bakr had hired a man from the tribe of Bani Ad-Dail from the family of Bani Abd bin Adi as an expert guide, and he was in alliance with the family of Al-'As bin Wail As-Sahmi and he was on the religion of the infidels of Quraish. The Prophet and Abu Bakr trusted him and gave him their two she-camels and took his promise to bring their two she camels to the cave of the mountain of Thaur in the morning after three nights later. And (when they set out), 'Amir bin Fuhaira and the guide went along with them and the guide led them along the sea-shore.

Some lady said, "O Allah's Apostle! My husband has another wife, so it is sinful of me to claim that he has given me what he has not given me (in order to tease her)?" Allah's Apostle said, The one who pretends that he has been given what he has not been given, is just like the (false) one who wears two garments of falsehood."

The Prophet (saws) said: Sadaqah may not be given to a rich man or to one who has strength and is sound in limbs.

Abu Dawud said: This tradition has been transmitted by Sufyan from Sa'd bin Ibrahim like the tradition narrated by Ibrahim. The version of Shu'bah from Sa'd has: "for a man who has strength and is robust." The other version of this tradition from the Prophet (saws) have the words "for a man who has strength and is robust." Others have "for a man who has strength and is sound in limbs." 'Ata bin Zuhair said that he had met 'Abd Allah bin 'Amr who said: "Sadaqah is not lawful for a strong man nor for a man who has strength and is sound in limbs."

Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "A virgin has seven nights, and a woman who has been previously married has three nights."

Malik affirmed, "That is what is done among us."

Malik added, "If the man has another wife, he divides his time equally between them after the wedding nights. He does not count the wedding nights against the one he has just married."

The Prophet (saws) said: If anyone resorts to a diviner and believes in what he says (according) to the version of Musa), or has intercourse with his wife (according to the agreed version) when she is menstruating, or has intercourse with his wife through her anus, he has nothing to do with what has been sent down to Muhammad (saws) - according to the version of Musaddad.

A funeral procession passed and the people praised the deceased. The Prophet said, "It has been affirmed to him." Then another funeral procession passed and the people spoke badly of the deceased. The Prophet said, "It has been affirmed to him". `Umar bin Al-Khattab asked (Allah's Apostle (p.b.u.h) ), "What has been affirmed?" He replied, "You praised this, so Paradise has been affirmed to him; and you spoke badly of this, so Hell has been affirmed to him. You people are Allah's witnesses on earth."

A hadith like this has been transmitted by Anas, but no mention has been made of Pilgrimage.

This hadith has been narrated by Qatada, but here no mention has been made of" There is no explation for it except this."

The Prophet (saws) said: A believer who recites the Qur'an is like a citron whose fragrance is sweet and whose taste is sweet, a believer who does not recite the Qur'an is like a date which has no fragrance but has sweet taste, a profligate who recites the Qur'an is like basil whose fragrance is sweet but whose taste is bitter, and the profligate who does not recite the Qur'an is like the colocynth which has a bitter taste and has not fragrance. A good companion is like a man who has musk; if nothing of it goes to you, its fragrance will (certainly) go to you; and a bad companion is like a man who has bellows; if its (black) root does not go to you, its smoke will (certainly) go to you.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Every divorced woman has compensation except for the one who is divorced and is allocated a bride-price and has not been touched. She has half of what was allocated to her."

This hadith has been narrated by Simak with the same chain of transmitters, but no mention has been made of, enough".

Malik said, "It is not halal to eat any game that has been hunted in the Haram, or has had a dog set after it in the Haram and then been killed outside the Haram. Anyone that does that has to pay a forfeit for what has been hunted. However, some one that sets his dog after game outside the Haram and then follows it until it is hunted down in the Haram does not have to pay any forfeit, unless he set the dog after the game near to the Haram. The game should not be eaten, however. If he set the dog loose near the Haram then he has to pay a forfeit for the game."

This hadith has been narrated on the authority of 'Uqba b. Amir Juhani. but in this no mention has been made of" barefoot".

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone breaks an oath which he has stressed, he has to free a slave, or clothe ten poor people. If someone breaks an oath, but has not stressed it, he only has to feed ten poor people and each poor person is fed a mudd of wheat. Some one who does not have the means for that, should fast for three days."

This hadith has been transmitted through other chains of transmitters. The chain of of Abu Zur'a has a slight variation of wording.

A Muslim and a Jew quarreled. The Muslim taking an oath, said, "By Him Who has preferred Muhammad over all people...!" The Jew said, "By Him Who has preferred Moses, over all people." The Muslim raised his hand and slapped the Jew who came to the Prophet to tell him what had happened between him and the Muslim. The Prophet said, "Don't give me superiority over Moses, for the people will become unconscious (on the Day of Resurrection) and I will be the first to gain consciousness to see Moses standing and holding a side of Allah's Throne. I will not know if he has been among those people who have become unconscious; and that he has gained consciousness before me, or he has been amongst those whom Allah has exempted."

Allah's Apostle said, "Whoever has oppressed another person concerning his reputation or anything else, he should beg him to forgive him before the Day of Resurrection when there will be no money (to compensate for wrong deeds), but if he has good deeds, those good deeds will be taken from him according to his oppression which he has done, and if he has no good deeds, the sins of the oppressed person will be loaded on him."

The Prophet said, "There is no disease that Allah has created, except that He also has created its treatment."

Allah's Apostle said, "If one says one-hundred times in one day: "None has the right to be worshipped but Allah, the Alone Who has no partners, to Him belongs Dominion and to Him belong all the Praises, and He has power over all things (i.e. Omnipotent)", one will get the reward of manumitting ten slaves, and one-hundred good deeds will be written in his account, and one-hundred bad deeds will be wiped off or erased from his account, and on that day he will be protected from the morning till evening from Satan, and nobody will be superior to him except one who has done more than that which he has done."

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

The Prophet (saws) said: He who has been appointed a judge has been killed without a knife.

This hadith has been narrated on the authority of the brother of Zuhri with the same chain of transmitters, but no mention has been made of the word" muz'a" (piece).

(During the early days of Islam), the inheritance used to be given to one's offspring and legacy used to be bequeathed to the parents, then Allah cancelled what He wished from that order and decreed that the male should be given the equivalent of the portion of two females, and for the parents one-sixth for each of them, and for one's wife one-eighth (if the deceased has children) and one-fourth (if he has no children), for one's husband one-half (if the deceased has no children) and one-fourth (if she has children).

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar and from Busr ibn Said and from al-Araj-all of whom related it from Abu Hurayra - that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever manages to do a raka of subh before the sun has risen has done subh in time, and whoever manages to do a raka of asr before the sun has set has done asr in time."

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

Abu Dawud said: This tradition has been narrated by Yunus from Ibn Shihab from some of the children of al-Sa'ib son of Abu Lubabah. A similar tradition has also been transmitted by al-Zabidi from al-Zuhri from Husain b. al-Sa'ib son of Abu Lubabah.

Abu Dawud said: This tradition has been transmitted by Hammad b. Salamah, Zuhair b. Mu'awiyah and a group of narrators from Hisham. They transmitted it as a statement of Abu Hurairah himself (mauquf).

This tradition has also been transmitted by Ibn 'Awn from Muhammad (b. Sirin). This version has the wordings: These two rak'ahs were short.

Whoever buys a sheep which has not been milked for a long time, has the option of returning it along with one Sa of dates; and the Prophet forbade going to meet the seller on the way (as he has no knowledge of the market price and he may sell his goods at a low price).

Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.

"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.

"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."

A hadith like this has been narrated by Isma'il b. Umayya with the same chain of transmitters, but instead of the word dates, fruit has been used.

This hadith has been narrated by Ghailan b. Jarir with the same chain of transmitters, but with one variation, that there has been made mention of Monday and not of Thursday.

Allah's Apostle used to say at the time of difficulty, "None has the right to be worshipped but Allah, the Majestic, the Most Forbearing. None has the right to be worshipped but Allah, the Lord of the Tremendous Throne. None has the right to be worshipped but Allah, the Lord of the Heavens and the Lord of the Honourable Throne. (See Hadith No. 357, Vol. 8)

Abu Dawud said: Similarly, it has been transmitted by Safwan b. ‘Isa, from Ibn ‘Affan, as Sufyan said.

The Prophet (saws) said: He who has been appointed a judge among the people has been killed without a knife.

The Prophet said, "Whoever has seen me in a dream, then no doubt, he has seen me, for Satan cannot imitate my shape.

Yahya said that Malik said, "The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second timeand by that time all his camels have died except five, is that the zakat collector assesses from the five camels the two amounts of zakat that are due from the owner of the animals, which in this case is only two sheep, one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is (actually) assessed. His livestock may have died or it may have increased, and the zakat collector only assesses the zakat on what he (actually) finds on the day he makes the assessment. If more than one payment of zakat is due from the owner of the livestock, he still only has to pay zakat according to what the zakat collector (actually) finds in his possession, and if his livestock has died, or several payments of zakat are due from him and nothing is taken until all his livestock has died, or has been reduced to an amount below that on which he has to pay zakat, then he does not have to pay any zakat, and there is no liability (on him) for what has died or for the years that have passed.