Yahya related to me from Malik that Abdullah ibn Abi Habiba said, "I said to a man, when I was young, 'A man who only says that he must walk to the House of Allah and does not say that he has vowed to walk, does not have to walk.' A man said, 'Shall I give you this small cucumber?' and he had a small cucumber in his hand and you will say, 'I must walk to the house of Allah?' I said, 'Yes' and I said it, for at that time I was still immature. Then, when I came of age, some one said to me that I had to fulfill my vow. I went and asked Said ibn al- Musayyab about it, and he said to me, 'You must walk.' So I walked."

Malik said, "That is the custom among us."

"Once a delegation of `Abdul Qais came to Allah's Apostle and said, "We belong to such and such branch of the tribe of Rabi'ah and we can only come to you in the sacred months. Order us to do something good so that we may take it from you and also invite to it those whom we have left behind (at home)." So he said, "I order you to do four things and forbid you from four things: To believe in Allah" - and then he explained it to them "to testify that none has the right to be worshipped but Allah and that I am Allah's Apostle, to establish the prayers (at the stated times), to pay the Zakat (obligatory charity), to hand me the Khumus (fifth) if you acquire spoils of war. And I forbid from (using) Dubba, Hantam, Muqaiyyar, and Naqir (all these were utensils used for the preparation of alcoholic drinks).

Allah's Apostle said, "While a man was going on a way, he saw a thorny branch and removed it from the way and Allah became pleased by his action and forgave him for that." Then the Prophet said, "Five are martyrs: One who dies of plague, one who dies of an Abdominal disease, one who dies of drowning, one who is buried alive (and) dies and one who is killed in Allah's cause." (The Prophet further said, "If the people knew the reward for pronouncing the Adhan and for standing in the first row (in the congregational prayer) and found no other way to get it except by drawing lots they would do so, and if they knew the reward of offering the Zuhr prayer early (in its stated time), they would race for it and if they knew the reward for `Isha' and Fajr prayers in congregation, they would attend them even if they were to crawl.

Once I passed the night in the house of Maimuna (his aunt). I slept across the bed while Allah's Apostle and his wife slept length-wise. The Prophet slept till midnight or nearly so and woke up rubbing his face and recited ten verses from Surat "Al-`Imran." Allah's Apostle went towards a leather skin and performed ablution in the most perfect way and then stood for the prayer. I did the same and stood beside him. The Prophet put his right hand on my head, twisted my ear and then prayed two rak`at five times and then ended his prayer with witr. He laid down till the Mu'adh-dhin came then he stood up and offered two rak`at (Sunnah of Fajr prayer) and then went out and offered the Fajr prayer. (See Hadith 183)

Allah's Apostle (p.b.u.h) fell down from a horse and his right side was either injured or scratched, so we went to inquire about his health. The time for the prayer became due and he offered the prayer while sitting and we prayed while standing. He said, "The Imam is to be followed; so if he says Takbir, you should also say Takbir, and if he bows you should also bow; and when he lifts his head you should also do the same and if he says: Sami`a l-lahu liman hamidah (Allah hears whoever sends his praises to Him) you should say: Rabbana walakal-Hamd (O our Lord! All the praises are for You.") (See Hadith No. 656 Vol. 1).

Ibn `Umar never offered the Duha prayer except on two occasions: (1) Whenever he reached Mecca; and he always used to reach Mecca in the forenoon. He would perform Tawaf round the Ka`ba and then offer two rak`at at the rear of Maqam Ibrahim. (2) Whenever he visited Quba, for he used to visit it every Saturday. When he entered the Mosque, he disliked to leave it without offering a prayer. Ibn `Umar narrated that Allah's Apostle used to visit the Mosque of Quba (sometime) walking and (sometime) riding. And he (i.e. Ibn `Umar) used to say, "I do only what my companions used to do and I don't forbid anybody to pray at any time during the day or night except that one should not intend to pray at sunrise or sunset."

That the Prophet (saws) said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away)."

[He said:] There are narrations on this topic from Ibn 'Umar and Abu Sa'eed.

[Abu 'Eisa said:] The Hadith of Samurah is a Hasan Gharib Sahih Hadith. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

[Abu 'Eisa said:] 'Ali bin Al-Madini said: "It is correct that Al-Hasan heard this from Samurah." Some of the people of Hadith criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.

The Prophet (saws) said: If anyone applies collyrium, he should do it an odd number of times. If he does so, he has done well; but if not, there is no harm. If anyone cleanses himself with pebbles, he should use an odd number. If he does so, he has done well; but if not, there is no harm.

If anyone eats, he should throw away what he removes with a toothpick and swallow what sticks to his tongue. If he does so, he has done well; if not, there is no harm. If anyone goes to relieve himself, he should conceal himself, and if all he can do is to collect a heap of send, he should sit with his back to it, for the devil makes sport with the posteriors of the children of Adam. If he does so, he has done well; but if not, there is no harm.

AbuSalamah said: Zaynab daughter of AbuSalamah reported to me that a woman had a copious flow of blood. She was the wife of AbdurRahman ibn Awf. The Messenger of Allah (saws) commanded her to take a bath at the time of every prayer, and then to pray. He reported to me that Umm Bakr told him that Aisha said: The Messenger of Allah (saws) said about a woman who was doubtful of her menstruation after purification that it was a vein or veins.

Abu Dawud said: The two commands (of which the Prophet gave option) were as follows in the version reported by Ibn 'Aqil: He said: If you are strong enough, then take a bath for every prayer; otherwise combine the (two prayers), as al-Qasim reported in his version. This statement was also narrated by Sa'id b. Jubair from 'Ali and Ibn 'Abbas.

That the Prophet (saws) disliked Shikal in horses.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Shu'bah reported similarly from 'Abdullah bin Yazid Al-Khath'ami, from Abu Zur'ah (one of the narrators in the chain of this Hadith), from Abu Hurairah, from the Prophet (saws). Abu Zur'ah bin 'Amr bin Jarir's name is Harim.

Muhammed bin Hammad Ar-Razi narrated to us (he said): "Jarir narrated to us from 'Umarah bin Al-Qa'qa' who said: 'Ibrahim An-Nakha'i said to me: "When you narrate from me, then narrate from me from Abu Zur'ah, for one time he narrated a Hadith to me, then I asked him about it two years later, and he did not leave a letter out of it."

I found a purse containing one hundred Diners. So I went to the Prophet (and informed him about it), he said, "Make public announcement about it for one year" I did so, but nobody turned up to claim it, so I again went to the Prophet who said, "Make public announcement for another year." I did, but none turned up to claim it. I went to him for the third time and he said, "Keep the container and the string which is used for its tying and count the money it contains and if its owner comes, give it to him; otherwise, utilize it." The sub-narrator Salama said, "I met him (Suwaid, another sub-narrator) in Mecca and he said, 'I don't know whether Ubai made the announcement for three years or just one year.' "

Allah's Apostle said, "Moses the Apostle of Allah," and then he narrated the whole story about him. Al-Khadir said to Moses, "Did not I tell you that you can have no patience with me." (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses: "Call me not to account for forgetting And be not hard upon me." (18.73) "Then they met a boy and Khadir killed him." (18.74) "Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight." (18.77)

Some people of Bani Tamim came to the Prophet and he said (to them), "O Bani Tamim! rejoice with glad tidings." They said, "You have given us glad tidings, now give us something." On hearing that the color of his face changed then the people of Yemen came to him and he said, "O people of Yemen ! Accept the good tidings, as Bani Tamim has refused them." The Yemenites said, "We accept them. Then the Prophet started taking about the beginning of creation and about Allah's Throne. In the mean time a man came saying, "O `Imran! Your she-camel has run away!'' (I got up and went away), but l wish I had not left that place (for I missed what Allah's Apostle had said).

On the day of a solar eclipse, Allah's Apostle stood up (to offer the eclipse prayer). He recited Takbir, recited a long recitation (of Holy Verses), bowed a long bowing, and then he raised h is head saying. "Allah hears him who sends his praises to Him." Then he stayed standing, recited a long recitation again, but shorter than the former, bowed a long bowing, but shorter than the first, performed a long prostration and then performed the second rak`a in the same way as he had done the first. By the time he had finished his prayer with Taslim, the solar eclipse had been over. Then he addressed the people referring to the solar and lunar eclipses saying, "These are two signs amongst the Signs of Allah, and they do not eclipse because of anyone's death or life. So, if you see them, hasten for the Prayer."

Some (of the Ansar) used to present date palm trees to the Prophet till Banu Quraiza and Banu An- Nadir were conquered (then he returned to the people their date palms). My people ordered me to ask the Prophet to return some or all the date palms they had given to him, but the Prophet had given those trees to Um Aiman. On that, Um Aiman came and put the garment around my neck and said, "No, by Him except Whom none has the right to be worshipped, he will not return those trees to you as he (i.e. the Prophet ) has given them to me." The Prophet go said (to her), "Return those trees and I will give you so much (instead of them)." But she kept on refusing, saying, "No, by Allah," till he gave her ten times the number of her date palms.

Allah's Apostle got up on the day of the Conquest of Mecca and said, "Allah has made Mecca a sanctuary since the day He created the Heavens and the Earth, and it will remain a sanctuary by virtue of the sanctity Allah has bestowed on it till the Day of Resurrection. It (i.e. fighting in it) was not made lawful to anyone before me!, nor will it be made lawful to anyone after me, and it was not made lawful for me except for a short period of time. Its game should not be chased, nor should its trees be cut, nor its vegetation or grass uprooted, not its Luqata (i.e. Most things) picked up except by one who makes a public announcement about it." Al-Abbas bin `Abdul Muttalib said, "Except the Idhkhir, O Allah's Apostle, as it is indispensable for blacksmiths and houses." On that, the Prophet kept quiet and then said, "Except the Idhkhir as it is lawful to cut."

On the authority of a person who offered the prayer in time of danger along with the Messenger of Allah (saws) at the battle of Dhat al-Riqa. One section of people stood in the row of prayer along with the Messenger of Allah (saws) and the other section remained standing in front of the enemy. He led those who were with him in one rak'ah and remained standing (in his place) and they completed (the second rak'ah) by themselves. Then they turned away and arrayed before the enemy. Thereafter the other section came and he led them in the rak'ah which remained from his prayer. He then remained sitting (in his place) and they completed their one rak'ah by themselves. He then uttered the salutation along with them.

Malik said: I like the tradition reported by Yazid b. Ruman (i.e. the present tradition) more than (other versions) I heard.

Abu Dawud said: This tradition has been narrated by al-Thawri to the same effect on the authority of Khusaif. 'Abd al-Rahman b. Samurah also prayed in like manner. But the section which he (the Prophet) led in one rak'ah and then uttered the salutation and went and took the place of their companions. They came and prayed one rak'ah by themselves. Then they returned to their place and they prayed (one rak'ah) by themselves.

Abu Dawud said: Muslim b. Ibrahim reported from 'Abd al-Samad b. Habib on the authority of his father that they had fought a battle at Kabul along with 'Abd al-Rahman b. Samurah. He led us in prayer in time of danger.

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

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

Abu Dawud said: Mujahid reported on the authority of Ibn 'Abbas: When bathing became hard for her, he commanded her to combine the two prayers.

Abu Dawud said: Ibrahim reported it from Ibn 'Abbas. This is also the view of Ibrahim al-Nakha'i and 'Abd Allah b. Shaddad.

I asked `Urwa bin Az-Zubair (regarding the Hajj of the Prophet ). `Urwa replied, "Aisha narrated, 'When the Prophet reached Mecca, the first thing he started with was the ablution, then he performed Tawaf of the Ka`ba and his intention was not `Umra alone (but Hajj and `Umra together).' " Later Abu Bakr I performed the Hajj and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone (but Hajj and `Umra together). And then `Umar did the same. Then `Uthman performed the Hajj and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone. And then Muawiya and `Abdullah bin `Umar did the same. I performed Hajj with Ibn Az-Zubair and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone, (but Hajj and `Umra together). Then I saw the Muhajirin (Emigrants) and Ansar doing the same and it was not `Umra alone. And the last person I saw doing the same was Ibn `Umar, and he did not do another `Umra after finishing the first. Now here is Ibn `Umar present amongst the people! They neither ask him nor anyone of the previous ones. And all these people, on entering Mecca, would not start with anything unless they had performed Tawaf of the Ka`ba, and would not finish their Ihram. And no doubt, I saw my mother and my aunt, on entering Mecca doing nothing before performing Tawaf of the Ka`ba, and they would not finish their lhram. And my mother informed me that she, her sister, Az-Zubair and such and such persons had assumed lhram for `Umra and after passing their hands over the Corner (the Black Stone) (i.e. finishing their Umra) they finished their Ihram."

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 ."

On the day of Hunayn we travelled with the Messenger of Allah (saws) and we journeyed for a long time until the evening came. I attended the prayer along with the Messenger of Allah (saws).

A horseman came and said: Messenger of Allah, I went before you and climbed a certain mountain where saw Hawazin all together with their women, cattle, and sheep, having gathered at Hunayn.

The Messenger of Allah (saws) smiled and said: That will be the booty of the Muslims tomorrow if Allah wills. He then asked: Who will be on guard tonight?

Anas ibn AbuMarthad al-Ghanawi said: I shall , Messenger of Allah. He said: Then mount your horse. He then mounted his horse, and came to the Messenger of Allah (saws).

The Messenger of Allah said to him: Go forward to this ravine till you get to the top of it. We should not be exposed to danger from your side. In the morning the Apostle of of Allah (saws) came out to his place of prayer, and offered two rak'ahs. He then said: Have you seen any sign of your horseman?

They said: We have not, Messenger of Allah. The announcement of the time for prayer was then made, and while the Messenger of Allah (saws) was saying the prayer, he began to glance towards the ravine. When he finished his prayer and uttered salutation, he said: Cheer up, for your horseman has come. We therefore began to look between the trees in the ravine, and sure enough he had come.

He stood beside the Messenger of Allah (saws), saluted him and said: I continued till I reached the top of this ravine where the Messenger of Allah (saws) commanded me, and in the morning I looked down into both ravines but saw no one.

The Messenger of Allah (saws) asked him: Did you dismount during the night?

He replied: No, except to pray or to relieve myself. The Messenger of Allah (saws) said: You have ensured your entry to (Paradise). No blame will be attached to you supposing you do not work after it.

Yazid ibn Nu'aym ibn Huzzal, on his father's authority said: Ma'iz ibn Malik was an orphan under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging to a clan. My father said to him: Go to the Messenger of Allah (saws) and inform him of what you have done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope that it might be a way of escape for him.

So he went to him and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (the Prophet) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (again) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah.

When he uttered it four times, the Messenger of Allah (saws) said: You have said it four times. With whom did you commit it?

He replied: With so and so. He asked: Did you lie down with her? He replied: Yes. He asked: Had your skin been in contact with hers? He replied. Yes. He asked: Did you have intercourse with her? He said: Yes. So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to the Harrah, and while he was being stoned he felt the effect of the stones and could not bear it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him could not catch up with him. He threw the bone of a camel's foreleg at him, which hit him and killed him. They then went to the Prophet (saws) and reported it to him.

He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah.

Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."

He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

The Messenger of Allah (saws) announced an expedition, and I was a very old man and I had no servant. I, therefore, sought a hireling who would serve instead of me, and I would give him his portion. So I found a man. When the time of departure arrived, he came to me and said: I do not know what would be the portions, and how much would be my portion. So offer something (as wages) to me, whether there would be any portion or not. I offered three dinars (as his wages) for him. When some booty arrived, I wanted to offer him his portion. But I remembered the dinars, so I went to the Prophet (saws) and mentioned the matter to him. He said: All I can find for him regarding this expedition of his in this world and the next is three dinars which were offered him.

On his father's authority, said that his grandfather reported that the value of the blood-money at the time of the Messenger of Allah (saws) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims.

He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.

Yahya related to me from Malik that Abu'r-Rijal Muhammad ibn Abd ar-Rahman heard his mother, Amra bint Abd ar-Rahman say, "A man bought the fruit of an enclosed orchard in the time of the Messenger of Allah, may Allah bless him and grant him peace, and he tended it while staying on the land. It became clear to him that there was going to be some loss. He asked the owner of the orchard to reduce the price for him or to revoke the sale, but the owner made an oath not to do so. The mother of the buyer went to the Messenger of Allah, may Allah bless him and grant him peace, and told him about it. The Messengerof Allah, may Allah bless him and grant him peace, said, 'By this oath, he has sworn not to do good.' The owner of the orchard heard about it and went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, the choice is his.' "

Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a man from the Banu Sulaym, found an abandoned child in the time of Umar ibn al-Khattab. Sunayn took him to Umar ibn al-Khattab. He asked, "What has induced you to take this person?" He answered, "I found him lost, so I took him.'' Umar's advisor said to him,' 'Amir al-Muminin! He is a man who does good." Umar inquired of him, "Is it so?" He replied, "Yes." Umar ibn al-Khattab said, "Go, he is free, and you have his wala' inheritance, and we will provide for him."

Yahya said that he heard Malik say, "What is done in our community about an abandoned child is that he is free, and his wala' inheritance belongs to the muslims, and they inherit from him and pay his blood money."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

Ibn `Abbas asked permission to visit Aisha before her death, and at that time she was in a state of agony. She then said. "I am afraid that he will praise me too much." And then it was said to her, "He is the cousin of Allah's Apostle and one of the prominent Muslims." Then she said, "Allow him to enter." (When he entered) he said, "How are you?" She replied, "I am Alright if I fear (Allah)." Ibn `Abbas said, "Allah willing, you are Alright as you are the wife of Allah's Apostle and he did not marry any virgin except you and proof of your innocence was revealed from the Heaven." Later on Ibn Az-Zubair entered after him and `Aisha said to him, "Ibn `Abbas came to me and praised me greatly, but I wish that I was a thing forgotten and out of sight."

The Prophet said, "Paradise and the Fire (Hell) argued, and the Fire (Hell) said, "I have been given the privilege of receiving the arrogant and the tyrants.' Paradise said, 'What is the matter with me? Why do only the weak and the humble among the people enter me?' On that, Allah said to Paradise. 'You are My Mercy which I bestow on whoever I wish of my servants.' Then Allah said to the (Hell) Fire, 'You are my (means of) punishment by which I punish whoever I wish of my slaves. And each of you will have its fill.' As for the Fire (Hell), it will not be filled till Allah puts His Foot over it whereupon it will say, 'Qati! Qati!' At that time it will be filled, and its different parts will come closer to each other; and Allah will not wrong any of His created beings. As regards Paradise, Allah will create a new creation to fill it with."

I said, "O Allah's Apostle! Marry my sister, the daughter of Abu Sufyan." He said, "Do you like that?" I said, "Yes, for even now I am not your only wife; and the most beloved person to share the good with me is my sister." The Prophet said, "But that is not lawful for me (i.e., to be married to two sisters at a time.)" I said, "O Allah's Apostle! By Allah, we have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "By Allah ! Even if she were not my stepdaughter, she would not be lawful for me to marry, for she is my foster niece, for Thuwaiba has suckled me and Abu Salama; so you should neither present your daughters, nor your sisters to me."

I asked Allah's Apostle about the Mi'rad. He said, "If you hit the game with its sharp edge, eat it, but if the Mi'rad hits the game with its shaft with a hit by its broad side do not eat it, for it has been beaten to death with a piece of wood. (i.e. unlawful)." I asked, "If I let loose my trained hound after a game?" He said, "If you let loose your trained hound after game, and mention the name of Allah, then you can eat." I said, "If the hound eats of the game?" He said "Then you should not eat of it, for the hound has hunted the game for itself and not for you." I said, "Some times I send my hound and then I find some other hound with it?" He said "Don't eat the game, as you have mentioned the Name of Allah on your dog only and not on the other."