We went out with Allah's Apostle to Khaibar, and when we were at As-Sahba', (Yahya, a sub-narrator said, "As-Sahba' is a place at a distance of one day's journey to Khaibar)." Allah's Apostle asked the people to bring their food, but there was nothing with the people except Sawiq. So we all chewed and ate of it. Then the Prophet asked for some water and he rinsed his mouth, and we too, rinsed our mouths. Then he led us in the Maghrib prayer without performing ablution (again).

The Prophet went out on one of his journeys with some of his companions. They went on walking till the time of the prayer became due. They could not find water to perform the ablution. One of them went away and brought a little amount of water in a pot. The Prophet took it and performed the ablution, and then stretched his four fingers on to the pot and said (to the people), "Get up to perform the ablution." They started performing the ablution till all of them did it, and they were seventy or so persons.

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

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

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

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

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

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

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

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

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

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

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

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

Allah's Apostle made it incumbent on all the slave or free Muslims, male or female, to pay one Sa' of dates or barley as Zakat-ul-Fitr.

The Prophet said, "Don't keep camels and sheep unmilked for a long time, for whoever buys such an animal has the option to milk it and then either to keep it or return it to the owner along with one Sa of dates." Some narrated from Ibn Seereen (that the Prophet had said), "One Sa of wheat, and he has the option for three days." And some narrated from Ibn Seereen, " ... a Sa of dates," not mentioning the option for three days. But a Sa of dates is mentioned in most narrations.

Allah's Apostle said. "While (in a dream), I was standing by a well, drawing water from it. Abu Bakr and `Umar came to me. Abu Bakr took the bucket (from me) and drew one or two buckets of water, and there was some weakness in his drawing. May Allah forgive him. Then Ibn Al-Khattab took the bucket from Abu Bakr, and the bucket turned into a very large one in his hands. I had never seen such a mighty person amongst the people as him in performing such hard work. He drew so much water that the people drank to their satisfaction and watered their camels." (Wahab, a sub-narrator said, "till their camels drank and knelt down.")

Allah's Apostle said, "While I was sleeping, I saw myself standing at a well over which there was a bucket. I pulled out from it as many buckets of water as Allah wished, and then Ibn Abi Quhafa (Abu Bakr) took the bucket from me and pulled out one or two full buckets, and there was weakness in his pull--may Allah forgive him. Then the bucket turned into a very large one and `Umar bin Al-Khattab took it. I have never seen any strong man among the people, drawing water with such strength as `Umar did, till the people (drank to their satisfaction and) watered their camels to their fill; whereupon the camels sat beside the water."

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

(One night) I stayed overnight in the house of my aunt Maimuna, and said to myself, "I will watch the prayer of Allah's Apostle " My aunt placed a cushion for Allah's Apostle and he slept on it in its length-wise direction and (woke-up) rubbing the traces of sleep off his face and then he recited the last ten Verses of Surat-al-`Imran till he finished it. Then he went to a hanging water skin and took it, performed the ablution and then stood up to offer the prayer. I got up and did the same as he had done, and stood beside him. He put his hand on my head and held me by the ear and twisted it. He offered two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at, and finally the witr (i.e. one rak`a) prayer.

We went out with Allah's Apostle on one of his journeys till we reached Al-Baida or Dhatul-Jaish where my necklace got broken (and lost). Allah's Apostle stopped to search for it and the people too stopped with him. There was no water at that place and they had no water with them. So they went to Abu Bakr and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people stop where there is no water and they have no water with them. Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh and said, "You detained Allah Apostle and the people where there is no water and they have no water." He then admonished me and said what Allah wished and pinched me at my flanks with his hands, but I did not move because the head of Allah's Apostle was on my thigh . Allah's Apostle kept on sleeping till be got up in the morning and found no water. Then Allah revealed the Divine Verse of Tayammum, and the people performed Tayammum. Usaid bin AlHudair said. "O family of Abu Bakr! This is not the first blessings of yours." We urged the camel on which I was sitting to get up from its place and the necklace was found under it.

The Prophet mentioned the Masih Ad-Dajjal in front of the people saying, Allah is not one-eyed while Masih Ad-Dajjal is blind in the right eye and his eye looks like a bulging out grape. While sleeping near the Ka`ba last night, I saw in my dream a man of brown color the best one can see amongst brown color and his hair was long that it fell between his shoulders. His hair was lank and water was dribbling from his head and he was placing his hands on the shoulders of two men while circumambulating the Ka`ba. I asked, 'Who is this?' They replied, 'This is Jesus, son of Mary.' Behind him I saw a man who had very curly hair and was blind in the right eye, resembling Ibn Qatan (i.e. an infidel) in appearance. He was placing his hands on the shoulders of a person while performing Tawaf around the Ka`ba. I asked, 'Who is this? 'They replied, 'The Masih, Ad-Dajjal.' "

Malik said, "The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted.)

"The inheritance of a mother from her child, if her son or daughter dies and leaves children or male or female grandchildren through a son, or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son, or two or more siblings, the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth, the mother a third of what remains, (which is a fourth of the capital). The other is if a wife dies and leaves a husband and both parents. The husband gets half, and the mother a third of what remains, (which is a sixth of the capital). That is because Allah, the Blessed, the Exalted, says in His Book, 'His two parents each have a sixth of what he leaves if he has children. If he does not have children, and his parents inherit from him, his mother has a third. If he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna is that the siblings be two or more."

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?"

The Prophet said, "The example of the person abiding by Allah's orders and limits (or the one who abides by the limits and regulations prescribed by Allah) in comparison to the one who do wrong and violate Allah's limits and orders is like the example of people drawing lots for seats in a boat. Some of them got seats in the upper part while the others in the lower part ; those in the, lower part have to pass by those in the upper one to get water, and that troubled the latter. One of them (i.e. the people in the lower part) took an ax and started making a hole in the bottom of the boat. The people of the upper part came and asked him, (saying), 'What is wrong with you?' He replied, "You have been troubled much by my (coming up to you), and I have to get water.' Now if they prevent him from doing that they will save him and themselves, but if they leave him (to do what he wants), they will destroy him and themselves."

Allah's Apostle said, "There will come a time when the best property of a man will be sheep which he will graze on the tops of mountains and the places where rain falls (i.e. pastures) escaping to protect his religion from afflictions."

Yahya related to me from Malik that Yahya ibn Said said, "I asked Amra bint Abd ar-Rahman if there was anything that was haram for someone who sent a sacrificial animal (to Makka) but did not go there himself, and she told me that she had heard A'isha say, 'It is only some one who goes into ihram for hajj and begins saying the talbiya for whom things are haram.' "

When Allah's Apostle fought the battle of Khaibar, or when Allah's Apostle went towards it, (whenever) the people, (passed over a high place overlooking a valley, they raised their voices saying, "Allahu-Akbar! Allahu-Akbar! None has the right to be worshipped except Allah." On that Allah's Apostle said (to them), "Lower your voices, for you are not calling a deaf or an absent one, but you are calling a Hearer Who is near and is with you." I was behind the riding animal of Allah's Apostle and he heard me saying. "There Is neither might, nor power but with Allah," On that he said to me, "O `Abdullah bin Qais!" I said, "Labbaik. O Allah's Apostle!" He said, "Shall I tell you a sentence which is one of the treasures of Paradise" I said, "Yes, O Allah's Apostle! Let my father and mother be sacrificed for your sake." He said, "It is: There is neither might nor power but with Allah."

`Umar bin Al-Khattab appointed a freed slave of his, called Hunai, manager of the Hima (i.e. a pasture devoted for grazing the animals of the Zakat or other specified animals). He said to him, "O Hunai! Don't oppress the Muslims and ward off their curse (invocations against you) for the invocation of the oppressed is responded to (by Allah); and allow the shepherd having a few camels and those having a few sheep (to graze their animals), and take care not to allow the livestock of `Abdur-Rahman bin `Auf and the livestock of (`Uthman) bin `Affan, for if their livestock should perish, then they have their farms and gardens, while those who own a few camels and those who own a few sheep, if their livestock should perish, would bring their dependents to me and appeal for help saying, 'O chief of the believers! O chief of the believers!' Would I then neglect them? (No, of course). So, I find it easier to let them have water and grass rather than to give them gold and silver (from the Muslims' treasury). By Allah, these people think that I have been unjust to them. This is their land, and during the prelslamic period, they fought for it and they embraced Islam (willingly) while it was in their possession. By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be ridden for striving in Allah's Cause, I would not have turned even a span of their land into a Hima."

I asked al-Bara' ibn Azib: What should be avoided in sacrificial animals? He said: The Messenger of Allah (saws) stood among us, and my fingers are smaller than his fingers, and my fingertips are smaller than his fingertips. He said (pointing with his fingers): Four (types of animals) should be avoided in sacrifice: A One-eyed animal which has obviously lost the sight of one eye, a sick animal which is obviously sick, a lame animal which obviously limps and an animal with a broken leg with no marrow. I also detest an animal which has defective teeth. He said: Leave what you detest, but do not make it illegal for anyone.

Abu Dawud said: (By a lean animal mean) and animal which has no marrow.

(the wife of the Prophet) One of our sheep died and we tanned its skin and kept on infusing dates in it till it was a worn out water skin.

Yahya related to me from Malik from Umara ibn Yasar that Ata ibn Yasar told him that Abu Ayyub al-Ansari had told him, "We used to sacrifice one sheep, and a man sacrificed for himself and his family. Then later on people began to compete with each other and it became boasting."

Malik said, "The best that I have heard about a single camel, cow or sheep, is that a man should sacrifice a camel for himself and his family. He sacrifices a cow or sheep which he owns for his family, and shares with them in it. It is disapproved for a group of people to buy a camel, cow or sheep, to share for the ritual and sacrifices, each man giving a share of its price, and taking a share of its meat. We have heard the tradition that people do not share in the ritual. However, it may be that the people of one household can share."

A man of Banu Harith was pasturing a pregnant she-camel in one of the ravines of Uhud, (he saw that) it was about to die; he could find nothing to slaughter it; he took a stake and stabbed it in the upper part of its breast until he made its blood flow.

He then came to the Prophet (saws) and informed him about that, and he ordered him to eat it.

Allah's Apostle said, "The Hour will not be established (1) till two big groups fight each other whereupon there will be a great number of casualties on both sides and they will be following one and the same religious doctrine, (2) till about thirty Dajjals (liars) appear, and each one of them will claim that he is Allah's Apostle, (3) till the religious knowledge is taken away (by the death of Religious scholars) (4) earthquakes will increase in number (5) time will pass quickly, (6) afflictions will appear, (7) Al-Harj, (i.e., killing) will increase, (8) till wealth will be in abundance ---- so abundant that a wealthy person will worry lest nobody should accept his Zakat, and whenever he will present it to someone, that person (to whom it will be offered) will say, 'I am not in need of it, (9) till the people compete with one another in constructing high buildings, (10) till a man when passing by a grave of someone will say, 'Would that I were in his place (11) and till the sun rises from the West. So when the sun will rise and the people will see it (rising from the West) they will all believe (embrace Islam) but that will be the time when: (As Allah said,) 'No good will it do to a soul to believe then, if it believed not before, nor earned good (by deeds of righteousness) through its Faith.' (6.158) And the Hour will be established while two men spreading a garment in front of them but they will not be able to sell it, nor fold it up; and the Hour will be established when a man has milked his she-camel and has taken away the milk but he will not be able to drink it; and the Hour will be established before a man repairing a tank (for his livestock) is able to water (his animals) in it; and the Hour will be established when a person has raised a morsel (of food) to his mouth but will not be able to eat it."

While I was with Ibn `Umar, we passed by a group of young men who had tied a hen and started shooting at it. When they saw Ibn `Umar, they dispersed, leaving it. On that Ibn `Umar said, "Who has done this? The Prophet cursed the one who did so."

Narrated Ibn `Umar:

The Prophet cursed the one who did Muthla to an animal (i e., cut its limbs or some other part of its body while it is still alive).

Yahya related to me from Malik from Hisham ibn Urwa that his father, Urwa ibn az-Zubayr made an aqiqa for his male and female children of a sheep each.

Malik said, "What we do about the aqiqa is that if someone makes an aqiqa for his children, he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it, and people continue to come to us about it. If someone makes an aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood .''