Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim.

Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it."

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good ...

Wahb said: I asked Jabir about the condition of Thaqif when they took the oath of allegiance. He said: They stipulated to the Prophet (saws) that there would be no sadaqah (i.e. zakat) on them nor Jihad (striving in the way of Allah). He then heard the Prophet (saws) say: Later on they will give sadaqah (zakat) and will strive in the way of Allah when they embrace Islam.

A companion of the Prophet (saws) reported him as saying: When two people come together to issue an invitation, accept that of the one whose door is nearer in neighbourhood, but if one of them comes before the other accept the invitation of the one who comes first.

The Prophet intended to return home after the performance of the Hajj, and he saw Safiya standing at the entrance of her tent, depressed and sad because she got her menses. The Prophet said, "Aqra Halqa! --An expression used in the Quraish dialect--"You will detain us." The Prophet then asked (her), "Did you perform the Tawaf Al-Ifada on the Day of Sacrifice (10th of Dhul-Hijja)?" She said, "Yes." The Prophet said, "Then you can leave (with us).

The Prophet once delivered a speech in front of us wherein he left nothing but mentioned (about) everything that would happen till the Hour. Some of us stored that our minds and some forgot it. (After that speech) I used to see events taking place (which had been referred to in that speech) but I had forgotten them (before their occurrence). Then I would recognize such events as a man recognizes another man who has been absent and then sees and recognizes him.

While I was with Allah's Apostle there came to him a man wearing a cloak having a trace of yellowish perfume or a similar thing on it. `Umar used to say to me, "Would you like to see the Prophet at the time when he is inspired divinely?" So, it happened that he was inspired (then) and when the inspiration was over the Prophet said (to that man), "Do in your `Umra the same as you do in your Hajj."

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha, umm al-muminin, that whenever the Messenger of Allah, may Allah bless him and grant him peace, did ghusl for major ritual impurity, he would begin by washing his hands, and then do wudu as for prayer. He would then put his fingers in the water and rub the roots of his hair with them. Then he would pour as much water as two hands can hold on to his head three times, and over the entire surface of his skin.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would never wash his head while he was in ihram except if he had to do ghusl because of a wet dream.

Malik said, "I have heard the people of knowledge say that there is no harm in someone who is in ihram rubbing his head with certain kinds of plants after he has stoned the Jamrat al-Aqaba but before he has shaved his head, because once he has finished stoning the Jamrat al-Aqaba it is halal for him to kill lice, to shave his head, to clean himself of body hair, and to wear normal clothes."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani that a very old man from Basra once said to him, "I set out for Makka but on the way there I broke my thigh, so I sent a message on to Makka Abdullah ibn Abbas and Abdullah ibn Umar and the people were there, but no-one allowed me to leave ihram, and I stayed there for seven months until I left ihram by doing an umra.''

Allah's Apostle saw some expectoration on the wall of the mosque; he took gravel and scraped it off and said, "If anyone of you wanted to spit he should neither spit in front of him nor on his right but he could spit either on his left or under his left foot."

The Prophet said, "If anyone forgets a prayer he should pray that prayer when he remembers it. There is no expiation except to pray the same." Then he recited: "Establish prayer for My (i.e. Allah's) remembrance." (20.14).

While `Umar (bin Al-Khattab) was delivering the Khutba on a Friday, a man entered (the mosque). `Umar asked him, "What has detained you from the prayer?" The man said, "It was only that when I heard the Adhan I performed ablution (for the prayer)." On that `Umar said, "Did you not hear the Prophet saying: 'Anyone of you going out for the Jumua prayer should take a bath'?".

The Prophet said, "When it is a Friday, the angels stand at the gate of the mosque and keep on writing the names of the persons coming to the mosque in succession according to their arrivals. The example of the one who enters the mosque in the earliest hour is that of one offering a camel (in sacrifice). The one coming next is like one offering a cow and then a ram and then a chicken and then an egg respectively. When the Imam comes out (for Jumua prayer) they (i.e. angels) fold their papers and listen to the Khutba."

I was with the Prophet on a journey, and he observed the fast till evening. The Prophet said to a man, "Get down and mix Sawiq with water for me." He replied, "Will you wait till it is evening?" The Prophet said, "Get down and mix Sawiq with water for me; when you see night falling from this side, the fasting person should break his fast."

Whenever the Messenger of Allah (saws) performed ablution, he took a handful of water, and, putting it under his chin, made it go through his beard, saying: Thus did my Lord command me.

The Prophet (saws) said: When any of you prays, he should not place his sandals on his right side or on his left so as to be on the right side of someone else, unless no one is at his left, but should place them between his feet.

The Prophet (saws) said: When one of you prays, he should put something in front of his face, and if he can find nothing , he should set up his staff; but if he has no staff, he should draw a line; then what passes in front of him will not harm him.

Ibn 'Umar reported that when the Messenger of Allah (may peace be upon him) sat for tashahhud he placed his left hand on his left knee. and his right hand on his right knee. and he raised his right finger, which is next to the thumb, making supplication in this way, and he stretched his left hand on his left knee.

A Jew from Hira asked me which one of the two periods Musa (i.e. Prophet Moses) completed. I said, "I don't know, (but wait) till I see the most learned 'Arab and inquire him about it." So, I went to Ibn `Abbas and asked him. He replied, "Moses completed the longer and better period." Ibn `Abbas added, "No doubt, an apostle of Allah always does what he says."

The Prophet (sal Allaahu alayhi wa sallam) as saying : When a dog licks a (thing contained in a) utensil you must wash it seven times, using earth (sand) for the seventh time.

Abu Dawud said : This tradition has been transmitted by another chain of narrators in which there is no mention of earth.

Abu Dawud said : Ahmad (b. Hanbal) said: It is pleasing to me that one should recite in the obligatory prayer those supplications which have occurred in the Quran.

(The Caliph `Uthman ordered Zaid bin Thabit, Sa`id bin Al-As, `Abdullah bin Az-Zubair and `Abdur- Rahman bin Al-Harith bin Hisham to write the Qur'an in the form of a book (Mushafs) and said to them. "In case you disagree with Zaid bin Thabit (Al-Ansari) regarding any dialectic Arabic utterance of the Qur'an, then write it in the dialect of Quraish, for the Qur'an was revealed in this dialect." So they did it.

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umar used to say, "A menstruating woman who wants to go into ihram to do either hajj or umra can do so if she so wishes, but she cannot do tawaf of the House, nor the say between Safa and Marwa. She can participate in all the rituals along with everybody else, except that she cannot do tawaf of the House, nor the say between Safa and Marwa, nor can she come near the mosque until she is pure."

From his father that Abu Hurairah informed them that the Prophet (saws) said: "When the servant of one of you has endured heat and smoke preparing his food for him, then let him take him by the hand and make him sit him down with him. If he refuses, then let him take a morsel and feed him with it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Abu Khalid is the father of Isma'il, his name is Sa'd.

When the last ten days of Ramadan came, the Prophet (saws) kept vigil and prayed during the whole night, and tied the wrapper tightly, and awakened his family (to pray during the night).

Abu Dawud said: The name of Abu Ya'fur is 'Abd al-Rahman b. 'Ubaid b. Nistas.

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

"In the name of Allah, the Merciful, the ompassionate."

The Book of Zakat.

On twenty-four camels or less zakat is paid with sheep, one ewe for every five camels.

On anything above that, up to thirty-five camels, a she-camel in its second year, and, if there is no she camel in its second year, a male camel in its third year.

On anything above that, up to forty-five camels, a she- camel in its third year.

On anything above that, up to sixty camels, a she camel in its fourth year that is ready to be sired.

On anything above that, up to seventy-five camels, a she-camel in its fifth year.

On anything above that, up to ninety camels, two she-camels in their third year.

On anything above that, up to one hundred and twenty camels, two she-camels in their fourth year that are ready to be sired.

On any number of camels above that, for every forty camels, a she-camel in its third year, and for every fifty, a she-camel in its fourth year.

On grazing sheep and goats, if they come to forty or more, up to one hundred and twenty head, one ewe.

On anything above that, up to two hundred head, two ewes.

On anything above that, up to three hundred, three ewes.

On anything above that, for every hundred, one ewe.

A ram should not be taken for zakat. nor an old or an injured ewe, except as the zakat-collector thinks fit.

Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.

Whatever belongs to two associates is settled between them proportionately.

On silver, if it reaches five awaq (two hundred dirhams), one fortieth is paid."

Malik related to me from al-Walid ibn Abdullah ibn Sayyad that al-Muttalib ibn Abdullah ibn Hantab al-Makhzumi informed him that a man asked the Messenger of Allah, may Allah bless him and grant him peace, "What is backbiting?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It is to mention about a man what he does not want to hear." He said, "Messenger of Allah! Even if it is true?" The Messenger of Allah, may Allah bless him and grant him peace, said, "If you utter something false, then it is slander."