Malik said, I still hear that when a person in ihram kills an ostrich, a camel is due."

Malik said, "I think that for an ostrich egg, one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars, and that is one-tenth of what the blood-money for the mother would be.

"Birds from the eagle family, eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid, the assessment is the same, whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman, are considered to be the same."

I said, "O Allah's Apostle! We are going to face the enemy tomorrow and we do not have knives." He said, "Hurry up (in killing the animal). If the killing tool causes blood to flow out, and if Allah's Name is mentioned, eat (of the slaughtered animal). But do not slaughter with a tooth or a nail. I will tell you why: As for the tooth, it is a bone; and as for the nail, it is the knife of Ethiopians." Then we got some camels and sheep as war booty, and one of those camels ran away, whereupon a man shot it with an arrow and stopped it. Allah's Apostle said, "Of these camels there are some which are as wild as wild beasts, so if one of them (runs away and) makes you tired, treat it in this manner."

When it was the day of Uhud, the pagans were defeated. Then Satan, Allah's Curse be upon him, cried loudly, "O Allah's Worshippers, beware of what is behind!" On that, the front files of the (Muslim) forces turned their backs and started fighting with the back files. Hudhaifa looked, and on seeing his father Al-Yaman, he shouted, "O Allah's Worshippers, my father, my father!" But by Allah, they did not stop till they killed him. Hudhaifa said, "May Allah forgive you." (The sub-narrator, `Urwa, said, "By Allah, Hudhaifa continued asking Allah's Forgiveness for the killers of his father till he departed to Allah (i.e. died).")

The Prophet (p.b.u.h) said, "Whoever takes a bath on Friday, purifies himself as much as he can, then uses his (hair) oil or perfumes himself with the scent of his house, then proceeds (for the Jumua prayer) and does not separate two persons sitting together (in the mosque), then prays as much as (Allah has) written for him and then remains silent while the Imam is delivering the Khutba, his sins in-between the present and the last Friday would be forgiven."

The Prophet said, "Whoever frees a Muslim slave, Allah will save all the parts of his body from the (Hell) Fire as he has freed the body-parts of the slave." Sa`id bin Marjana said that he narrated that Hadith to `Ali bin Al-Husain and he freed his slave for whom `Abdullah bin Ja`far had offered him ten thousand Dirhams or one-thousand Dinars.

Ibn Umar was sent with a detachment of the Messenger of Allah (saws). The people wheeled round in flight. He said: I was one of those who wheeled round in flight. When we stopped, we said (i.e. thought): How should we do? We have run away from the battlefield and deserve Allah's wrath. Then we said (thought): Let us enter Medina, stay there, and go there while no one sees us. So we entered (Medina) and thought: If we present ourselves before the Messenger of Allah (saws), and if there is a change of repentance for us, we shall stay; if there is something else, we shall go away. So we sat down (waiting) for the Messenger of Allah (saws) before the dawn prayer. When he came out, we stood up to him and said: We are the ones who have fled. He turned to us and said: No, you are the ones who return to fight after wheeling away. We then approached and kissed his hand, and he said; I am the main body of the Muslims.

A man asked Ibn `Umar, "What did you hear Allah's Apostle saying regarding An-Najwa (secret talk between Allah and His believing worshipper on the Day of Judgment)?" He said, "(The Prophet said), "One of you will come close to his Lord till He will shelter him in His screen and say: Did you commit such-and-such sin? He will say, 'Yes.' Then Allah will say: Did you commit such and such sin? He will say, 'Yes.' So Allah will make him confess (all his sins) and He will say, 'I screened them (your sins) for you in the world, and today I forgive them for you."'

A group of Jews came and invited the Messenger of Allah (saws) to Quff. So he visited them in their school.

They said: AbulQasim, one of our men has committed fornication with a woman; so pronounce judgment upon them. They placed a cushion for the Messenger of Allah (saws) who sat on it and said: Bring the Torah. It was then brought. He then withdrew the cushion from beneath him and placed the Torah on it saying: I believed in thee and in Him Who revealed thee.

He then said: Bring me one who is learned among you. Then a young man was brought. The transmitter then mentioned the rest of the tradition of stoning similar to the one transmitted by Malik from Nafi'(No. 4431).

Abu Dawud said: This woman was the wife of Abu Dharr.

That he was in the company of Allah's Apostle and when they had covered a portion of the road to Mecca, he and some of the companions lagged behind. The latter were in a state of Ihram, while he was not. He saw an onager and rode his horse and requested his companions to give him his lash but they refused. Then he asked them to give him his spear but they refused, so he took it himself, attacked the onager, and killed it. Some of the companions of the Prophet ate of it while some others refused to eat. When they caught up with Allah's Apostle they asked him about that, and he said, "That was a meal Allah fed you with." (It is also said that Allah's Apostle asked, "Have you got something of its meat?")

The Messenger of Allah (saws) said on the day of Badr: He who kills a man will get such-and-such, and he who captivates a man will get such-and-such. The narrator then transmitted the rest of the tradition in a similar manner. The tradition of Khalid is more perfect.

The Prophet said, "The person who participates in (Holy battles) in Allah's cause and nothing compels him to do so except belief in Allah and His Apostles, will be recompensed by Allah either with a reward, or booty (if he survives) or will be admitted to Paradise (if he is killed in the battle as a martyr). Had I not found it difficult for my followers, then I would not remain behind any sariya going for Jihad and I would have loved to be martyred in Allah's cause and then made alive, and then martyred and then made alive, and then again martyred in His cause."

That the Prophet sent his (i.e. Abu Burda's) grandfather, Abu Musa and Mu`adh to Yemen and said to both of them "Facilitate things for the people (Be kind and lenient) and do not make things difficult (for people), and give them good tidings, and do not repulse them and both of you should obey each other." Abu Musa said, "O Allah's Prophet! In our land there is an alcoholic drink (prepared) from barley called Al-Mizr, and another (prepared) from honey, called Al-Bit"' The Prophet said, "All intoxicants are prohibited." Then both of them proceeded and Mu`adh asked Abu Musa, "How do you recite the Qur'an?" Abu Musa replied, "I recite it while I am standing, sitting or riding my riding animals, at intervals and piecemeal." Mu`adh said, "But I sleep and then get up. I sleep and hope for Allah's Reward for my sleep as I seek His Reward for my night prayer." Then he (i.e. Mu`adh) pitched a tent and they started visiting each other. Once Mu`adh paid a visit to Abu Musa and saw a chained man. Mu`adh asked, "What is this?" Abu Musa said, "(He was) a Jew who embraced Islam and has now turned apostate." Mu`adh said, "I will surely chop off his neck!"

There was a black slave girl belonging to an 'Arab tribe and they manumitted her but she remained with them. The slave girl said, "Once one of their girls (of that tribe) came out wearing a red leather scarf decorated with precious stones. It fell from her or she placed it somewhere. A kite passed by that place, saw it Lying there and mistaking it for a piece of meat, flew away with it. Those people searched for it but they did not find it. So they accused me of stealing it and started searching me and even searched my private parts." The slave girl further said, "By Allah! while I was standing (in that state) with those people, the same kite passed by them and dropped the red scarf and it fell amongst them. I told them, 'This is what you accused me of and I was innocent and now this is it.' " `Aisha added: That slave girl came to Allah's Apostle and embraced Islam. She had a tent or a small room with a low roof in the mosque. Whenever she called on me, she had a talk with me and whenever she sat with me, she would recite the following: "The day of the scarf (band) was one of the wonders of our Lord, verily He rescued me from the disbelievers' town. `Aisha added: "Once I asked her, 'What is the matter with you? Whenever you sit with me, you always recite these poetic verses.' On that she told me the whole story. "

While I was a youngster, I asked `Aisha the wife of the Prophet. "What about the meaning of the Statement of Allah; "Verily! (the mountains) As-Safa and Al Marwa, are among the symbols of Allah. So, it is not harmful if those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them? (2.158) I understand (from that) that there is no harm if somebody does not perform the Tawaf between them." `Aisha replied, "No, for if it were as you are saying, then the recitation would have been like this: 'It is not harmful not to perform Tawaf between them.' This verse was revealed in connection with the Ansar who used to assume the Ihram for the idol Manat which was put beside a place called Qudaid and those people thought it not right to perform the Tawaf of As- Safa and Al-Marwa. When Islam came, they asked Allah's Apostle about that, and Allah revealed:-- "Verily! (the mountains) As-Safa and Al-Marwa Are among the symbols of Allah. So, it is not harmful of those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them." (2.158) Sufyan and Abu Muawiya added from Hisham (from `Aisha): "The Hajj or `Umra of the person who does not perform the going (Tawaf) between As-Safa and Al-Marwa is incomplete in Allah's sight.

My father said, "Allah's Apostle said, 'Whoever prays the two cool prayers (`Asr and Fajr) will go to Paradise.' "

Allah's Apostle said, "Whoever usurps the land of somebody unjustly, his neck will be encircled with it down the seven earths (on the Day of Resurrection). "

Yahya related to me from Malik from Yahya ibn Said from Said al- Maqburi from Abdullah ibn Abi Qatada that his father had said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expectant for reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or commanded him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for the debt. Jibril said that to me."

Allah's Apostle said, " Horses are kept for one of three purposes: A man may keep them (for Allah's Cause) to receive a reward in the Hereafter; another may keep them as a means of protection; and a third may keep them to be a burden for him. As for the man for whom the horse is a source of reward, he is the one who ties it for Allah's Cause, and he ties it with a long rope in a pasture or a garden, then, whatever it eats or drinks in that pasture or garden will be added to his good deeds. And if it breaks its rope and jumps over one or two hills, then, for all its footsteps and its manure, good deeds will be written for him. And if it passes by a river and drinks of its water though its owner had no intention to water it from that river, even then he will have good deeds written for him. So that horse will be (a source of) reward for such a man. If a man ties a horse for earning his livelihood and abstaining from asking others for help and he does not forget Allah's right, i.e. pays its Zakat and gives it to be used in Allah's Cause, then that horse will be a means of protection for him. But if a man ties it out of pride and to show off and to excite others, then that horse will be a burden (of sins) for him." Then Allah's Apostle was asked regarding donkeys. He replied, "Nothing has been revealed to me except this comprehensive Verse which includes everything: 'So whoever does good equal to the weight of an atom (or a smallest ant) shall see it; and whoever does evil equal to the weight of an atom (or a smallest ant) shall see it.' (99.7-8)

The Prophet said, "Near the establishment of the Hour, there will be the days of Al-Harj, and the religious knowledge will be taken away (vanish i.e. by the death of Religious scholars) and general ignorance will spread." Abu Musa said, "Al-Harj, in the Ethiopian language, means killing."

The Prophet used not to enter any house in Medina except the house of Um Sulaim besides those of his wives when he was asked why, he said, "I take pity on her as her brother was killed in my company. "

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, used to exhort people to watch the night in prayer in Ramadan but never ordered it definitely. He used to say, "Whoever watches the night in prayer in Ramadan with trust and expectancy, will be forgiven all his previous wrong actions."

Ibn Shihab said, "The Messenger of Allah, may Allah bless him and grant him peace, died while that was still the custom, and it continued to be the custom in the caliphate of Abu Bakr and at the beginning of the caliphate of Umar ibn al-Khattab."

A Bedouin came to the Prophet and said, "Tell me of such a deed as will make me enter Paradise, if I do it." The Prophet (p.b.u.h) said, "Worship Allah, and worship none along with Him, offer the (five) prescribed compulsory prayers perfectly, pay the compulsory Zakat, and fast the month of Ramadan." The Bedouin said, "By Him, in Whose Hands my life is, I will not do more than this." When he (the Bedouin) left, the Prophet said, "Whoever likes to see a man of Paradise, then he may look at this man."

Narrated Abu Zur'a:

From the Prophet the same as above.

A lady along with her two daughters came to me asking (for some alms), but she found nothing with me except one date which I gave to her and she divided it between her two daughters, and did not eat anything herself, and then she got up and went away. Then the Prophet came in and I informed him about this story. He said, "Whoever is put to trial by these daughters and he treats them generously (with benevolence) then these daughters will act as a shield for him from Hell-Fire." (See Hadith No. 24, Vol. 8).

The Prophet (along with his companions) reached Mecca in the morning of the fourth of Dhul-Hijja assuming Ihram for Hajj only. So when we arrived at Mecca, the Prophet ordered us to change our intentions of the Ihram for `Umra and that we could finish our Ihram after performing the `Umra and could go to our wives (for sexual intercourse). The people began talking about that. Jabir said surprisingly, "Shall we go to Mina while semen is dribbling from our male organs?" Jabir moved his hand while saying so. When this news reached the Prophet he delivered a sermon and said, "I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram." At that Suraqa bin Malik stood up and asked "O Allah's Apostle! Is this permission for us only or is it forever?" The Prophet replied, "It is forever." In the meantime `Ali bin Abu Talib came from Yemen and was saying Labbaik for what the Prophet has intended. (According to another man, `Ali was saying Labbaik for Hajj similar to Allah's Apostle's). The Prophet told him to keep on the Ihram and let him share the Hadi with him.

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

The Messenger of Allah (saws) gave judgment that a male or a female slave, or a horse or a mule should be paid for a miscarriage.

Abu Dawud said: Hammad b. Salamah and Khalid b. 'Abd Allah transmitted this tradition from Muhammad b. 'Amr, but they did not mention "or a horse or a mule"

We were in the company of the Prophet on a fourteenth night (of the lunar month), and he looked at the (full) moon and said, "You will see your Lord as you see this moon, and you will have no trouble in looking at Him. So, whoever can, should not miss the offering of prayers before sunrise (Fajr prayer) and before sunset (`Asr prayer)." Then the Prophet recited: 'And celebrate the praises of your Lord before the rising of the sun and before (its) setting.' (50.39)