Malik related to me from Nuaym ibn Abdullah ibn al-Mujmir from AIi ibn Yahya az-Zuraqi from his father that Rifaa ibn Rafi said, "One day we were praying behind the Messenger of Allah, may Allah bless him and grant him peace, when the Messenger of Allah, may Allah bless him and grant him peace, raised his head from ruku and said, 'Allah hears the one who praises Him' (Sami Allahu liman hamidah). A man behind him said, 'Our Lord, praise belongs to you - blessed, pure and abundant praise' (Rabbana wa laka'l hamd, hamdan kathiran tayiban mubarakan fihi). When the Messenger of Allah, may Allah bless him and grant him peace, had finished, he said, 'Who was it who spoke just now?' The man said, 'I did, Messenger of Allah,' and the Messenger of Allah, may Allah bless him and grant him peace, said, 'I saw more than thirty angels rushing to it to see which one of them would record it first.' "

Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

Allah's Apostle said, "On the Day of Resurrection the Kanz (Treasure or wealth of which, Zakat has not been paid) of anyone of you will appear in the shape of a huge bald headed poisonous male snake and its owner will run away from it, but it will follow him and say, 'I am your Kanz.'" The Prophet added, "By Allah, that snake will keep on following him until he stretches out his hand and let the snake swallow it." Allah's Apostle added, "If the owner of camels does not pay their Zakat, then, on the Day of Resurrection those camels will come to him and will strike his face with their hooves." Some people said: Concerning a man who has camels, and is afraid that Zakat will be due so he sells those camels for similar camels or for sheep or cows or money one day before Zakat becomes due in order to avoid payment of their Zakat cunningly! "He has not to pay anything." The same scholar said, "If one pays Zakat of his camels one day or one year prior to the end of the year (by the end of which Zakat becomes due), his Zakat will be valid."

I came to the Prophet at Al-Batha' while his camel was kneeling down and he asked me, "Have you intended to perform the Hajj?" I replied in the affirmative. He asked me, 'With what intention have you assumed Ihram?" I replied, "I have assumed Ihram with the same intention as that of the Prophet. He said, "You have done well. Perform the Tawaf of the Ka`ba and (the Sai) between As-Safa and Al- Marwa and then finish the Ihram." So, I performed the Tawaf around the Ka`ba and the Sai) between As-Safa and Al-Marwa and then went to a woman of the tribe of Qais who cleaned my head from lice. Later I assumed the Ihram for Hajj. I used to give the verdict of doing the same till the caliphate of `Umar who said, "If you follow the Holy Book then it orders you to remain in the state of Ihram till you finish from Hajj, if you follow the Prophet then he did not finish his Ihram till the Hadi (sacrifice) had reached its place of slaughtering (Hajj-al-Qiran).

A black lady slave of some of the 'Arabs embraced Islam and she had a hut in the mosque. She used to visit us and talk to us, and when she finished her talk, she used to say: "The day of the scarf was one of our Lord's wonders: Verily! He has delivered me from the land of Kufr." When she said the above verse many times, I (i.e. `Aisha) asked her, "What was the day of the scarf?" She replied, "Once the daughter of some of my masters went out and she was wearing a leather scarf (round her neck) and the leather scarf fell from her and a kite descended and picked it up, mistaking it for a piece of meat. They (i.e. my masters) accused me of stealing it and they tortured me to such an extent that they even looked for it in my private parts. So, while they all were around me, and I was in my great distress, suddenly the kite came over our heads and threw the scarf, and they took it. I said to them 'This is what you accused me of stealing, though I was innocent."

Bakkar ibn Yahya said that his grandmother narrated to him: I entered upon Umm Salamah. A woman from the Quraysh asked her about praying with the clothes which a woman wore while she menstruated.

Umm Salamah said: We would menstruate in the lifetime of the Messenger of Allah (saws). Then each one of us refrained (from prayer) during menstrual period. When she was purified, she would look at the clothe in which she menstruated. If it were smeared with blood, we would wash it and pray with it; if there were nothing in it, we would leave it and that would not prevent us from praying with it (the same clothe).

As regards the woman who had plaited hair - sometimes each of us had plaited hair - when she washed, she would not undo the hair. She would instead pour three handfuls of water upon her head. When she felt moisture in the roots of her hair, she would rub them. Then she would pour water upon her whole body.

AbdurRahman ibn Samurah said: I was holding the hand of Ibn Umar on one of the ways of Medina. He suddenly came to a hanging head. He said: Unhappy is the one who killed him. When he proceeded, he said: I do not consider him but unfortunate. I heard the Messenger of Allah (saws) say: If anyone goes to a man of my community in order to kill him, he should say in this way, the one who kills will go to Hell and the one who is killed will go to Paradise.

Abu Dawud said: Al-Thawri has transmitted it from 'Awn from 'Abd al-Rahman b. Sumair or Sumairah ; and Laith b. Abu Sulaim transmitted it from 'Awn from 'Abd al-Rahman b. Sumairah.

Abu Dawud said: Al-Hasan b. 'Ali said to me: Abu al-Walid transmitted this tradition to us from Abu 'Awanah, and said: It (the name Ibn Samurah) is in my notebook Ibn Sabrah. The people also transmitted it as Samurah and Sumairah. These are wordings of Abu al-Walid.

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)

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

I said to Ibn `Abbas, "Nauf Al-Bikali claims that Moses, the companion of Al-Khadir was not the Moses of the children of Israel" Ibn `Abbas said, "The enemy of Allah (Nauf) told a lie." Narrated Ubai bin Ka`b that he heard Allah's Apostle saying, "Moses got up to deliver a speech before the children of Israel and he was asked, Who is the most learned person among the people?' Moses replied, 'I (am the most learned).' Allah admonished him for he did not ascribe knowledge to Allah alone. So Allah revealed to him: 'At the junction of the two seas there is a slave of Ours who is more learned than you.' Moses asked, 'O my Lord, how can I meet him?' Allah said, 'Take a fish and put it in a basket (and set out), and where you, will lose the fish, you will find him.' So Moses (took a fish and put it in a basket and) set out, along with his boy-servant Yusha` bin Noon, till they reached a rock (on which) they both lay their heads and slept. The fish moved vigorously in the basket and got out of it and fell into the sea and there it took its way through the sea (straight) as in a tunnel). (18.61) Allah stopped the current of water on both sides of the way created by the fish, and so that way was like a tunnel. When Moses got up, his companion forgot to tell him about the fish, and so they carried on their journey during the rest of the day and the whole night. The next morning Moses asked his boy-servant 'Bring us our early meal; no doubt, we have suffered much fatigue in this journey of ours.' (18.62) Moses did not get tired till he had passed the place which Allah had ordered him to seek after. His boy-servant then said to him,' 'Do you remember when we be-took ourselves to the rock I indeed forgot the fish, none but Satan made me forget to remember it. It took its course into the sea in a marvelous way.' (18.63) There was a tunnel for the fish and for Moses and his boy-servant there was astonishment. Moses said, 'That is what we have been seeking'. So they went back retracing their footsteps. (18.64) They both returned, retracing their steps till they reached the rock. Behold ! There they found a man covered with a garment. Moses greeted him. Al-Khadir said astonishingly. 'Is there such a greeting in your land?' Moses said, 'I am Moses.' He said, 'Are you the Moses of the children of Israel?' Moses said, 'I have come to you so that you may teach me of what you have been taught. Al-Khadir said, 'You will not be able to have patience with me. (18.66) O Moses! I have some of Allah's knowledge which He has bestowed upon me but you do not know it; and you too, have some of Allah's knowledge which He has bestowed upon you, but I do not know it." Moses said, "Allah willing, you will find me patient, and I will not disobey you in anything.' (18.6) Al-Khadir said to him. 'If you then follow me, do not ask me about anything until I myself speak to you concerning it.' (18.70), After that both of them proceeded along the sea coast, till a boat passed by and they requested the crew to let them go on board. The crew recognized Al-Khadir and allowed them to get on board free of charge. When they got on board suddenly Moses saw that Al-Khadir had pulled out one of the planks of the boat with an adze. Moses said to him.' These people gave us a free lift, yet you have scuttled their boat so as to drown its people! Truly, you have done a dreadful thing.' (18.71) Al-Khadir said, 'Didn't I say that you can have no patience with me ?' (18.72) Moses said, 'Call me not to account for what I forgot and be not hard upon me for my affair (with you.)" (18.73) Allah's Apostle said, "The first excuse given by Moses, was that he had forgotten. Then a sparrow came and sat over the edge of the boat and dipped its beak once in the sea. Al-Khadir said to Moses, 'My knowledge and your knowledge, compared to Allah's knowledge is like what this sparrow has taken out of the sea.' Then they both got out of the boat, and while they were walking on the sea shore, Al-Khadir saw a boy playing with other boys. Al-Khadir got hold of the head of that boy and pulled it out with his hands and killed him. Moses said, 'Have you killed an innocent soul who has killed nobody! Truly, you have done an illegal thing.' (18.74) He said, "Didn't I tell you that you can have no patience with me?' (18.75) (The sub narrator said, the second blame was stronger than the first one.) Moses said, 'If I ask you about anything after this, keep me not in your company, you have received an excuse from me.' (18.76) Then they both proceeded until they came to the inhabitants of a town. They asked them food but they refused to entertain them. (In that town) they found there a wall on the point of falling down. (18.77) Al-Khadir set it up straight with his own hands. Moses said, 'These are people to whom we came, but they neither fed us nor received us as guests. If you had wished, you could surely have exacted some recompense for it. Al-Khadir said, 'This is the parting between me and you ..that is the interpretation of (those things) over which you were unable to hold patience.' (18.78-82) Allah's Apostle said, "We wished that Moses could have been more patient so that Allah might have described to us more about their story."

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

`Umar used to make me sit with the elderly men who had fought in the Battle of Badr. Some of them felt it (did not like that) and said to `Umar "Why do you bring in this boy to sit with us while we have sons like him?" `Umar replied, "Because of what you know of his position (i.e. his religious knowledge.)" One day `Umar called me and made me sit in the gathering of those people; and I think that he called me just to show them. (my religious knowledge). `Umar then asked them (in my presence). "What do you say about the interpretation of the Statement of Allah: 'When comes Help of Allah (to you O, Muhammad against your enemies) and the conquest (of Mecca).' (110.1) Some of them said, "We are ordered to praise Allah and ask for His forgiveness when Allah's Help and the conquest (of Mecca) comes to us." Some others kept quiet and did not say anything. On that, `Umar asked me, "Do you say the same, O Ibn `Abbas?" I replied, "No." He said, 'What do you say then?" I replied, "That is the sign of the death of Allah's Apostle which Allah informed him of. Allah said:-- '(O Muhammad) When comes the Help of Allah (to you against your enemies) and the conquest (of Mecca) (which is the sign of your death). You should celebrate the praises of your Lord and ask for His Forgiveness, and He is the One Who accepts the repentance and forgives.' (110.3) On that `Umar said, "I do not know anything about it other than what you have said."

(regarding the Verse): 'If any of you dies and leaves wives behind,' That was the period of the 'Iddah which the widow was obliged to spend in the house of the late husband. Then Allah revealed: And those of you who die and leave wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they leave, there is no blame on you for what they do of themselves, provided it is honorable (i.e. lawful marriage) (2.240) Mujahid said: Allah has ordered that a widow has the right to stay for seven months and twenty days with her husband's relatives through her husband's will and testament so that she will complete the period of one year (of 'Iddah). But the widow has the right to stay that extra period or go out of her husband's house as is indicated by the statement of Allah: 'But if they leave there is no blame on you,... ' (2.240) Ibn `Abbas said: The above Verse has cancelled the order of spending the period of the 'Iddah at her late husband's house, and so she could spend her period of the 'Iddah wherever she likes. And Allah says: 'Without turning them out.' 'Ata said: If she would, she could spend her period of the 'Iddah at her husband's house, and live there according to her (husband's) will and testament, and if she would, she could go out (of her husband's house) as Allah says: 'There is no blame on you for what they do of themselves.' (2.240) 'Ata added: Then the Verses of inheritance were revealed and the order of residence (for the widow) was cancelled, and she could spend her period of the 'Iddah wherever she would like, and she was no longer entitled to be accommodated by her husband's family.

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi that Ubayd ibn Jurayj once said to Abdullah ibn Umar, "Abu Abd ar- Rahman, I have seen you doing four things which I have never seen any of your companions doing." He said, "What are they, Ibn Jurayj?" and he replied, "I have seen you touching only the twoYamani corners, I have seen you wearing hairless sandals, I have seen you using yellow dye, and, when you were at Makka and everybody had started doing talbiya after seeing the new moon, I saw that you did not do so until the eighth of Dhu'l-Hijja."

Abdullah ibn Umar replied, "As for the corners, I only ever saw the Messenger of Allah, may Allah bless him and grant him peace, touching the two Yamani corners. As for the sandals, I saw the Messenger of Allah, may Allah bless him and grant him peace, wearing hairless sandals and doing wudu in them, and I like wearing them. As for using yellow dye, I saw the Messenger of Allah, may Allah bless him and grant him peace, using it, and I also like to use it for dyeing things with. As for doing talbiya, I never saw the Messenger of Allah, may Allah bless him and grant him peace, begin doing so until he had set out on the animal he was riding on (i.e. for Mina and Arafa)."

AbuUmayr reported on the authority of his uncle who was from the Ansar (the helpers of the Prophet): The Prophet (saws) was anxious as to how to gather the people for prayer.

The people told him: Hoist a flag at the time of prayer; when they see it, they will inform one another. But he (the Prophet) did not like it. Then someone mentioned to him the horn.

Ziyad said: A horn of the Jews. He (the Prophet) did not like it. He said: This is the matter of the Jews. Then they mentioned to him the bell of the Christians. He said: This is the matter of the Christians. Abdullah ibn Zayd returned anxiously from there because of the anxiety of the Apostle (saws). He was then taught the call to prayer in his dream. Next day he came to the Messenger of Allah (saws) and informed him about it.

He said: Messenger of Allah, I was between sleep and wakefulness; all of a sudden a newcomer came (to me) and taught me the call to prayer. Umar ibn al-Khattab had also seen it in his dream before, but he kept it hidden for twenty days.

The Prophet (saws) said to me (Umar): What did prevent you from saying it to me?

He said: Abdullah ibn Zayd had already told you about it before me: hence I was ashamed.

Then the Messenger of Allah (saws) said: Bilal, stand up, see what Abdullah ibn Zayd tells you (to do), then do it. Bilal then called them to prayer.

AbuBishr reported on the authority of AbuUmayr: The Ansar thought that if Abdullah ibn Zayd had not been ill on that day, the Messenger of Allah (saws) would have made him mu'adhdhin.

Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.

Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.

Once a bedouin came to the Prophet and asked him about the migration. The Prophet said, "Mercy of Allah be on you! The migration is a quite difficult matter. Have you got some camels?" He replied in the affirmative. Then the Prophet said, "Do you give their Zakat?" He replied in the affirmative. The Prophet said, "Do you let others benefit by their milk gratis?" He replied in the affirmative. Then the Prophet asked, "Do you milk them on their watering days and give their milk to the poor and needy?" He replied in the affirmative. The Prophet, said, "Go on doing like this from beyond the seas, and there is no doubt that Allah will not overlook any of your good deeds."

The Prophet said, "Allah said: 'The son of Adam tells a lie against Me,, though he hasn't the right to do so. He abuses me though he hasn't the right to do so. As for his telling a lie against Me, it is his saying that I will not recreate him as I created him for the first time. In fact, the first creation was not easier for Me than new creation. As for his abusing Me, it is his saying that Allah has begotten children, while I am the One, the Self-Sufficient Master Whom all creatures need, I beget not, nor was I begotten, and there is none like unto Me."

My father died and left seven or nine girls and I married a matron. Allah's Apostle said to me, "O Jabir! Have you married?" I said, "Yes." He said, "A virgin or a matron?" I replied, "A matron." he said, "Why not a virgin, so that you might play with her and she with you, and you might amuse her and she amuse you." I said, " `Abdullah (my father) died and left girls, and I dislike to marry a girl like them, so I married a lady (matron) so that she may look after them." On that he said, "May Allah bless you," or "That is good."

I asked `Uthman bin `Affan about a man who engaged in the sexual intercourse with his wife but did not discharge. `Uthman replied, "He should perform ablution like that for the prayer after washing his private parts." `Uthman added, "I heard that from Allah's Apostle." I asked `Ali bin Abi Talib, Az- Zubair bin Al-`Awwam, Talha bin 'Ubaidullah and Ubai bin Ka`b and they gave the same reply. (Abu Aiyub said that he had heard that from Allah's Apostle ) (This order was canceled later on so one has to take a bath. See, Hadith No. 180).

Allah's Apostle said, "While I was sleeping, I saw myself (in a dream) standing by a well. I drew from it as much water as Allah wished me to draw, and then Ibn Quhafa (Abu Bakr) took the bucket from me and drew one or two buckets, and there was weakness in his drawing----may Allah forgive him! Then `Umar took the bucket which turned into something like a big drum. I had never seen a powerful man among the people working as perfectly and vigorously as he did. (He drew so much water that) the people drank to their satisfaction and watered their camels that knelt down there. (See Hadith No. 16, Vol. 5)

Yahya related to me from Malik from Nafi that he had heard Aslam, the mawla of Umar ibn al-Khattab, telling 'Abdullah ibn Umar that Umar ibn al-Khattab once saw a dyed garment on Talha ibn Ubaydullah while he was in ihram and Umar said, "What is this dyed garment, Talha?", and Talha said, "Amir al-muminin, it is only mud.'' Umar said, "You and your like are taken by people as imams, and if an ignorant man were to see this garment he would say that Talha ibn Ubaydullah used to wear a dyed robe while he was in ihram. So do not wear any form of dyed clothes."

While we were with the Prophet. on a journey, one of the camels ran away. A man shot it with an arrow and stopped it. The Prophet said, "Of these camels some are as wild as wild beasts, so if one of them runs away and you cannot catch it, then do like this (shoot it with an arrow)." I said, "O Allah's Apostle! Sometimes when we are in battles or on a journey we want to slaughter (animals) but we have no knives." He said, "Listen! If you slaughter the animal with anything that causes its blood to flow out, and if Allah's Name is mentioned on slaughtering it, eat of it, provided that the slaughtering instrument is not a tooth or a nail, as the tooth is a bone and the nail is the knife of Ethiopians."

Two ladies (had a fight) and one of them hit the other with a stone on the `Abdomen and caused her to abort. The Prophet judged that the victim be given either a slave or a female slave (as blood-money). Narrated Ibn Shihab: Sa`id bin Al-Musayyab said, "Allah's Apostle judged that in case of child killed in the womb of its mother, the offender should give the mother a slave or a female slave in recompense The offender said, How can I be fined for killing one who neither ate nor drank, neither spoke nor cried: a case like that should be denied ' On that Allah's Apostle said 'He is one of the brothers of the foretellers

I heard Allah's Apostle saying "From among my followers, a group (o 70,000) will enter Paradise without being asked for their accounts, Their faces will be shining like the moon." 'Ukasha bin Muhsin Al-Asadi got up, lifting his covering sheet and said, "O Allah's Apostle Invoke Allah for me that He may include me with them." The Prophet said! "O Allah! Make him from them." Then another man from Al-Ansar got up and said, "O Allah's Apostle! Invoke Allah for me that He may include me with them." On that Allah's Apostle said, "'Ukasha has anticipated you."

I was with Allah's Apostle in one of the Markets of Medina. He left (the market) and so did I. Then he asked thrice, "Where is the small (child)?" Then he said, "Call Al-Hasan bin `Ali." So Al-Hasan bin `Ali got up and started walking with a necklace (of beads) around his neck. The Prophet stretched his hand out like this, and Al-Hasan did the same. The Prophet embraced him and said, "0 Allah! l love him, so please love him and love those who love him." Since Allah's Apostle said that. nothing has been dearer to me than Al-Hasan.

l entered a house in Medina with Abu Huraira, and he saw a man making pictures at the top of the house. Abu Huraira said, "I heard Allah's Apostle saying that Allah said, 'Who would be more unjust than the one who tries to create the like of My creatures? Let them create a grain: let them create a gnat.' "Abu Huraira then asked for a water container and washed his arms up to his armpits. I said, "0 Abu i Huraira! Is this something you have heard I from Allah's Apostle?" He said, "The limit for ablution is up to the place where the ornaments will reach on the Day of Resurrection.'

We used to say in the prayer: 'AsSalam be on Allah, As-Salam be on so-and so.' So one day the Prophet said to us, "Allah Himself is As-Salam; when anyone of you sits during his prayer, he should say: 'at-tah, iyyatu-li l-lahi,' up to 'As-Salihin,' (All the compliments are for Allah ...righteous people) for when he recites this, then he says his Salam to all the righteous people present in the heavens and on the earth. Then he should say, 'I testify that none has the right to be worshipped except Allah, and that Muhammad is His slave and His Apostle,' and then he can select whatever he likes to celebrate (Allah's) Praises."

I witnessed the case of Lian (the case of a man who charged his wife for committing illegal sexual intercourse when I was fifteen years old. The Prophet ordered that they be divorced, and the husband said, "If I kept her, I would be a liar." I remember that Az-Zubair also said, "(It was said) that if that woman brought forth the child with such-and-such description, her husband would prove truthful, but if she brought it with such-and-such description looking like a Wahra (a red insect), he would prove untruthful." I heard Az-Zubair also saying, "Finally she gave birth to a child of description which her husband disliked .

I used to see a dream which would make me sick till I heard Abu Qatada saying, "I too, used to see a dream which would make me sick till I heard the Prophet saying, "A good dream is from Allah, so if anyone of you saw a dream which he liked, he should not tell it to anybody except to the one whom he loves, and if he saw a dream which he disliked, then he should seek refuge with Allah from its evil and from the evil of Satan, and spit three times (on his left) and should not tell it to anybody, for it will not harm him. "

Allah's Apostle sent the brother of the tribe of Bani Adi Al-Ansari as governor of Khaibar. Then the man returned, bringing Janib (a good kind of date). Allah's Apostle asked him, "Are all the dates of Khaibar like that?" He replied, "No, by Allah, O Allah's Apostle! We take one Sa' of these (good) dates for two Sas of mixed dates." Allah's Apostle then said, "Do not do so. You should either take one Sa of this (kind) for one Sa' of the other; or sell one kind and then buy with its price the other kind (of dates), and you should do the same in weighing."

An Ansari woman said to Allah's Apostle, "O Allah's Apostle! Shall I make something for you to sit on, as I have a slave who is a carpenter?" He replied, "If you wish." So, she got a pulpit made for him. When it was Friday the Prophet sat on that pulpit. The date-palm stem near which the Prophet used to deliver his sermons cried so much so that it was about to burst. The Prophet came down from the pulpit to the stem and embraced it and it started groaning like a child being persuaded to stop crying and then it stopped crying. The Prophet said,"It has cried because of (missing) what it use to hear of the religions knowledge."

A man came to Allah's Apostle and asked about Al-Luqata (a fallen thing). The Prophet said, "Recognize its container and its tying material and then make a public announcement about it for one year and if its owner shows up, give it to him; otherwise use it as you like." The man said, "What about a lost sheep?" The Prophet said, "It is for you, your brother or the wolf." The man said "What about a lost camel?" The Prophet said, "Why should you take it as it has got its water-container (its stomach) and its hooves and it can reach the places of water and can eat the trees till its owner finds it?"

A man came and asked Allah's Apostle about picking a lost thing. The Prophet said, "Remember the description of its container and the string it is tied with, and make public announcement about it for one year. If the owner shows up, give it to him; otherwise, do whatever you like with it." He then asked, "What about a lost sheep?" The Prophet said, "It is for you, for your brother (i.e. its owner), or for the wolf." He further asked, "What about a lost camel?" The Prophet said, "It is none of your concern. It has its water-container (reservoir) and its feet, and it will reach water and drink it and eat the trees till its owner finds it."

Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that a certain tailor invited the Messenger of Allah, may Allah bless him and grant him peace, to eat some food which he had prepared.

Anas said, "I went with the Messenger of Allah, may Allah bless him and grant him peace, to eat the food. He served barley bread and a soup with pumpkin in it. I saw the Messenger of Allah, may Allah bless him and grant him peace, going after the pumpkin around the dish, so I have always liked pumpkin since that day."

Malik said that it was not permissible for a slave to buy himself from his master on the provision that he could give the wala' to whomever he wished as the wala' was for the one who set him free, and that had a man given permission to his mawla to give the wala' to whomever he wished, that would not have been permitted, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "The wala' is for the one who sets free. " The Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the wala'. For if it was permitted to the master to stipulate that for him and to give him permission to give the wala' to whomever he liked, that would be a gift.

The Messenger of Allah (saws) said: Muslims are equal in respect of blood. The lowest of them is entitled to give protection on behalf of them, and the one residing far away may give protection on behalf of them. They are like one hand over against all those who are outside the community. Those who have quick mounts should return to those who have slow mounts, and those who got out along with a detachment (should return) to those who are stationed. A believer shall not be killed for an unbeliever, nor a confederate within the term of confederation with him.

Ibn Ishaq did not mention retaliation and equality in respect of blood.

Aisha said: Messenger of Allah! All my fellow-wives have kunyahs? He said: Give yourself the kunyah by Abdullah, your son - that is to say, her nephew (her sister's son).

Musaddad said: Abdullah ibn az-Zubayr. She was called by the kunyah Umm Abdullah.

Abu Dawud said: Qurran b. Tammam and Ma'mar all have transmitted it from Hisham in a similar manner. It has also been transmitted by Abu Usamah from Hisham, from 'Abbad b. Hamzah. Similarly, Hammad b. Salamah and Maslamah b. Qa'nab have narrated it from Hisham, like the tradition transmitted by Abu Usamah.

Malik said, "If a man has four awsuq of dates he has harvested, four awsuq of grapes he has picked, or four awsuq of wheat he has reaped or four awsuq of pulses he has harvested, the different categories are not added together, and he does not have to pay zakat on any of the categ ries - the dates, the grapes, the wheat or the pulses - until any one of them comes to five awsuq using the sa of the Prophet, may Allah bless him and grant him peace, as the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat (to pay) on anything less than five awsuq of dates. 'lf any of the categories comes to five awsuq, then zakat must be paid. If none of the categories comes to five awsuq, then there is no zakat to pay. The explanation of this is that when a man harvests five awsuq of dates (from his palms), he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal, such as brown wheat, white wheat, barley and sult, which are all considered as one category. If a man reaps five awsuq of any of these, he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same (also) with grapes, whether they be black or red. If a man picks five awsuq of them he has to pay zakat on them, but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category, like cereals, dates and grapes, even if they are of different varieties and are called by different names. Pulses include chick- peas, lentils, beans, peas, and anything which is agreed by everybody to be a pulse. If a man harvests five awsuq of pulses, measuring by the aforementioned sa, the sa of the Prophet, may Allah bless him and grant him peace, he collects them all together and must pay zakat on them, even if they are of every kind of pulse and not just one kind."

Malik said, ''Umar ibn al-Khattab drew a distinction between pulses and wheat when he took zakat from the Nabatean christians. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth."

Malik said, "If some one asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one?', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged for many times tha tamount of silver dirhams.' "

Malik said, regarding date palms which are shared equally between two men, and from which eight awsuq of dates are harvested, "They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land, and the other owns four awsuq or less, the one who owns the five awsuq has to pay zakat, and the other one, who harvested four awsuq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked . Any one of them that harvests five awsuq of dates, or picks five awsuq of grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq."

Malik said, "The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain o rseed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them."