Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in ...

I saw the Messenger of Allah (saws) on the morning of the conquest of Mecca when I was a young boy. He was walking among the people, seeking the camp of Khalid ibn al-Walid. A man who had drunk wine was brought (before him) and he ordered them (to beat him). So they beat him with what they had in their hands. Some struck him with whips, some with sticks and some with sandals. The Messenger of Allah (saws) threw some dust on his face.

When a man who had drunk wine was brought before AbuBakr, he asked them (i.e. the people) about the number of beatings which they gave him. They numbered it forty. So AbuBakr gave him forty lashes.

When Umar came to power, Khalid ibn al-Walid wrote to him: The people have become addicted to drinking wine and they look down upon the prescribed punishment and its penalty.

He said: They are with you, ask them. The immigrants who embraced Islam in the beginning were with him. He asked them and they agreed on the fact that (a drunkard) should be given eighty lashes.

Ali said: When a man drinks wine, he tells lies. I, therefore, think that he should be prescribed punishment that is prescribed for telling lies..

Abu Dawud said: 'Uqail b. Khalid included in the chain of this tradition: "Abd Allah b. Abd al-Rahman b. al-Azhar from his father" between al-Zuhri and Ibn al-Azhar.

When Allah's Apostle was on his death-bed and in the house there were some people among whom was `Umar bin Al-Khattab, the Prophet said, "Come, let me write for you a statement after which you will not go astray." `Umar said, "The Prophet is seriously ill and you have the Qur'an; so the Book of Allah is enough for us." The people present in the house differed and quarrelled. Some said "Go near so that the Prophet may write for you a statement after which you will not go astray," while the others said as `Umar said. When they caused a hue and cry before the Prophet, Allah's Apostle said, "Go away!" Narrated 'Ubaidullah: Ibn `Abbas used to say, "It was very unfortunate that Allah's Apostle was prevented from writing that statement for them because of their disagreement and noise."

The Prophet (saws) said: An estate which was divided in pre-Islamic period may follow the division in force then, but any estate in Islamic times must follow the division laid down by Islam.

The Prophet (saws) said: If the property of anyone is designed to be taken away without any right and he fights and is killed, he is a martyr.

AbuKhirash heard the Messenger of Allah (saws) say: If one keeps apart from his brother for a year, it is like shedding his blood.

Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar used to say, "The maghrib prayer is the witr of the daytime prayers."

Malik said, "If someone prays witr at the beginning of the night, and goes to sleep, and then wakes up and it seems good to him to pray, let him pray, two rakas at a time. That is what I like most of what I have heard."

When Allah's Apostle performed the `Umra (which he performed in the year following the treaty of Al-Hudaibiya) we were screening Allah's Apostle from the infidels and their boys lest they should harm him.

The Jews brought to the Prophet a man and a woman from among them who had committed illegal sexual intercourse. The Prophet said to them, "How do you usually punish the one amongst you who has committed illegal sexual intercourse?" They replied, "We blacken their faces with coal and beat them," He said, "Don't you find the order of Ar-Rajm (i.e. stoning to death) in the Torah?" They replied, "We do not find anything in it." `Abdullah bin Salam (after hearing this conversation) said to them. "You have told a lie! Bring here the Torah and recite it if you are truthful." (So the Jews brought the Torah). And the religious teacher who was teaching it to them, put his hand over the Verse of Ar- Rajm and started reading what was written above and below the place hidden with his hand, but he did not read the Verse of Ar-Rajm. `Abdullah bin Salam removed his (i.e. the teacher's) hand from the Verse of Ar-Rajm and said, "What is this?" So when the Jews saw that Verse, they said, "This is the Verse of Ar-Rajm." So the Prophet ordered the two adulterers to be stoned to death, and they were stoned to death near the place where biers used to be placed near the Mosque. I saw her companion (i.e. the adulterer) bowing over her so as to protect her from the stones.

The Messenger of Allah (saws) forbade muhaqalah and muzabanah. Those who cultivate land are three: a man who has (his own) land and he tills it: a man who has been lent land and he tills the one lent to him; a man who employs another man to till land against gold (dinars) or silver (dirhams).

Once I went (from Medina) towards (Al-Ghaba) before the first Adhan of the Fajr Prayer. The shecamels of Allah's Apostle used to graze at a place called Dhi-Qarad. A slave of `Abdur-Rahman bin `Auf met me (on the way) and said, "The she-camels of Allah's Apostle had been taken away by force." I asked, "Who had taken them?" He replied "(The people of) Ghatafan." I made three loud cries (to the people of Medina) saying, "O Sabahah!" I made the people between the two mountains of Medina hear me. Then I rushed onward and caught up with the robbers while they were watering the camels. I started throwing arrows at them as I was a good archer and I was saying, "I am the son of Al-Akwa`, and today will perish the wicked people." I kept on saying like that till I restored the shecamels (of the Prophet), I also snatched thirty Burda (i.e. garments) from them. Then the Prophet and the other people came there, and I said, "O Allah's Prophet! I have stopped the people (of Ghatafan) from taking water and they are thirsty now. So send (some people) after them now." On that the Prophet said, "O the son of Al-Akwa`! You have over-powered them, so forgive them." Then we all came back and Allah's Apostle seated me behind him on his she-camel till we entered Medina.

I saw seventy of As-Suffa men and none of them had a Rida' (a garment covering the upper part of the body). They had either Izars (only) or sheets which they tied round their necks. Some of these sheets reached the middle of their legs and some reached their heels and they used to gather them with their hands lest their private parts should become naked.

As if I am looking at the Prophet while he was speaking about one of the prophets whose people have beaten and wounded him, and he was wiping the blood off his face and saying, "O Lord! Forgive my, people as they do not know."

I heard the Prophet saying, "Whoever is killed while protecting his property then he is a martyr."

Yahya said that he heard Malik say, "I disapprove of youths wearing any gold because I heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade wearing gold rings, and I disapprove of it for males old or young."

Yahya said, "I heard Malik say about men wearing wraps dyed with safflower in their houses and courtyards, 'I do not know that any of that is haram but I prefer other garments than that.' "

Abu Hurairah said “When the Prophet (saws) entered Makkah he left Al Zubair bin Al Awwam, Abu ‘Ubaidah bin Al Jarrah and Khalid bin Al Walid on the horses and he said “Abu Hurairah call the helpers.” He said”Go this way. Whoever appears before you kill him”. A man called “the Quraish will be no more after today.” The Apostle of Allaah(saws) said “he who entered house is safe, he who throws the weapon is safe. The chiefs of the Quraish intended (to have a resort in the Ka’bah), they entered the Ka’bah and it was full of them. The Prophet (saws) took rounds of Ka’bah and prayed behind the station. He then held the sides of the gate (of the Ka’bah). They (the people) came out and took the oath of allegiance (at the hands) of the Prophet (saws) on Islam.

Abu Dawud said “I heard Ahmad bin Hanbal (say) when he was asked by a man “Was Makkah captured by force?” He said “What harms you whatever it was? He said “Then by peace?” He said, No.

Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer, he is more entitled to it than anyone else. If the buyer dies, then the seller is the same as other creditors with respect to it."

The Prophet (saws) said: If anyone buys a sheep whose udders have been tied up, he has option for three days (for decision). If he returns it, he should return with it wheat equal to its milk or double of it.

The Prophet said, "In very hot weather delay the Zuhr prayer till it becomes (a bit) cooler because the severity of heat is from the raging of the Hell-fire. The Hell-fire of Hell complained to its Lord saying: O Lord! My parts are eating (destroying) one another. So Allah allowed it to take two breaths, one in the winter and the other in the summer. The breath in the summer is at the time when you feel the severest heat and the breath in the winter is at the time when you feel the severest cold."

The Prophet said to those who were involved in a case of Lian, "Your accounts are with Allah. One of you two is a liar. You (husband) have right on her (wife)." The husband said, "My money, O Allah's Apostle!" The Prophet said, "You are not entitled to take back any money. If you have told the truth, the Mahr that you paid, was for having sexual relations with her lawfully; and if you are a liar, then you are less entitled to get it back."

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By the One in Whose hand my self is, the smell of the breath of a man fasting is better with Allah than the scent of musk.' He leaves his desires and his food and drink for My sake. Fasting is for Me and I reward it. Every good action is rewarded by ten times its kind, up to seven hundred times, except fasting, which is for Me, and I reward it.' "

A bedouin asked the Prophet, "A man may fight for the sake of booty, and another may fight so that he may be mentioned by the people, and a third may fight to show his position (i.e. bravery); which of these regarded as fighting in Allah's Cause?" The Prophet said, "He who fights so that Allah's Word (i.e. Islam) should be superior, fights for Allah's Cause."