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.

It has been narrated on the authority of Ibn Umar that the Prophet (may peace be upon him) sent an expedition to Najd and I was among the troops. They got a large number of camels as a booty. Eleven or twelve camels fell to the lot of every fighter and each of them also got one extra camel.

The Messenger of Allah (saws) gave license regarding the sale of 'araya when the amount was less then five wasqs or five wasqs. Dawud b. al-Husain was doubtful.

Abu Dawud said: The tradition by Jabir indicates up to four wasqs.

Allah's Apostle was asked about Al-Bit a liquor prepared from honey which the Yemenites used to drink. Allah's Apostle said, "All drinks that intoxicate are unlawful (to drink)."

Anas reported that Allah's Apostle (may peace be upon him) used to strike forty times with shoes and palm branches (in case of drinking of) wine. The rest of the hadith is the same and there is no mention of pastures and towns.

One of the wives of the Prophet (saws) took a bath from a large bowl. The Prophet (saws) wanted to perform ablution or take from the water left over. She said to him: O Prophet of Allah, verily I was sexually defiled. The Prophet said: Water not defiled.

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

"Alcoholic drinks were prohibited at the time we could rarely find wine made from grapes in Medina, for most of our liquors were made from unripe and ripe dates.

The Messenger of Allah (saws) said to al-Hasan ibn Ali. This son of mine is a Sayyid (chief), and I hope Allah may reconcile two parties of my community by means of him. Hammad's version has: And perhaps Allah may reconcile two large parties of Muslims by means of him.

A man who had drunk wine was brought before the Prophet (saws) when he was in Hunayn. He threw some dust on his face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands. He then said to them: Leave him, and they left him. The Messenger of Allah (saws) then died, and AbuBakr gave forty lashes for drinking wine, and then Umar in the beginning of his Caliphate inflicted forty stripes and at the end of his Caliphate he inflicted eighty stripes. Uthman (after him) inflicted both punishments, eighty and forty stripes, and finally Mu'awiyah established eighty stripes.

I had a sexual dream on a cold night in the battle of Dhat as-Salasil. I was afraid, if I washed I would die. I, therefore, performed tayammum and led my companions in the dawn prayer. They mentioned that to the Messenger of Allah (saws). He said: Amr, you led your companions is prayer while you were sexually defiled? I informed him of the cause which impeded me from washing. And I said: I heard Allah say: "Do not kill yourself, verily Allah is merciful to you." The Messenger of Allah (saws) laughed and did not say anything.

Abu Dawud said: 'Abd al-Rahman b. Jubair is an Egyptian and a freed slave of Kharijah b. Hudhafah. He is not Jubair b. Nufair

We migrated with the Prophet for Allah's Cause, so our reward became due with Allah. Some of us passed away (i.e. died) without enjoying anything from their reward, and one of them was Mus`ab bin `Umar who was killed (i.e. martyred) on the day of Uhud. He did not leave behind except a sheet of striped woolen cloth. If we covered his head with it, his feet became naked, and if we covered his feet with it, his head became naked. The Prophet said to us, "Cover his head with it and put Idhkhir (i.e. a kind of grass) over his feet," or said, "Put some Idhkhir over his feet." But some of us have got their fruits ripened, and they are collecting them.

I went to the Prophet while he was in the Mosque. (Mas`ar thinks, that Jabir went in the forenoon.) After the Prophet told me to pray two rak`at, he repaid me the debt he owed me and gave me an extra amount.

That the Messenger of Allah (saws) said: "The most virtuous of charitable spending is the shade of a tent in the cause of Allah, or giving a servant in the cause of Allah, or a riding camel in the cause of Allah."

[Abu 'Eisa said:] This Hadith is Hasan Gharib Sahih, and it is more correct to me than the narration of Mu'awiyah bin Salih.

That he heard Allah's Apostle saying in the year of the Conquest (of Mecca) while he was in Mecca, "Allah and His Apostle have made the selling of wine (i.e. alcoholic drinks) unlawful."

The Prophet said, "My Lake-Fount is (so large that it takes) a month's journey to cross it. Its water is whiter than milk, and its smell is nicer than musk (a kind of Perfume), and its drinking cups are (as numerous) as the (number of) stars of the sky; and whoever drinks from it, will never be thirsty."

That he was informed by `Aisha, "Allah's Apostle went out in the middle of the night and prayed in the mosque and some men prayed behind him. In the morning, the people spoke about it and then a large number of them gathered and prayed behind him (on the second night). In the next morning the people again talked about it and on the third night the mosque was full with a large number of people. Allah's Apostle came out and the people prayed behind him. On the fourth night the Mosque was overwhelmed with people and could not accommodate them, but the Prophet came out (only) for the morning prayer. When the morning prayer was finished he recited Tashah-hud and (addressing the people) said, "Amma ba'du, your presence was not hidden from me but I was afraid lest the night prayer (Qiyam) should be enjoined on you and you might not be able to carry it on." So, Allah's Apostle died and the situation remained like that (i.e. people prayed individually). "

Once, while I was in the company of the Prophet, he saw the mountain of Uhud and said, "I would not like to have this mountain turned into gold for me unless nothing of it, not even a single Dinar remains of it with me for more than three days (i.e. I will spend all of it in Allah's Cause), except that Dinar which I will keep for repaying debts." Then he said, "Those who are rich in this world would have little reward in the Hereafter except those who spend their money here and there (in Allah's Cause), and they are few in number." Then he ordered me to stay at my place and went not far away. I heard a voice and intended to go to him but I remembered his order, "Stay at your place till I return." On his return I said, "O Allah's Apostle! (What was) that noise which I heard?" He said, "Did you hear anything?" I said, "Yes." He said, "Gabriel came and said to me, 'Whoever amongst your followers dies, worshipping none along with Allah, will enter Paradise.' " I said, "Even if he did such-and-such things (i.e. even if he stole or committed illegal sexual intercourse)" He said, "Yes."

Allah's Apostle allowed the sale of 'Araya by estimating the dates on them for measured amounts of dried dates. Musa bin `Uqba said, "Al- 'Araya were distinguished date palms; one could come and buy them (i.e. their fruits).

Yahya related to me from Malik from Nafi from Abdullah ibn Umar from Zayd ibn Thabit that the Messenger of Allah, may Allah bless him and grant him peace, allowed the holder of an ariya to barter the dates on the palm for the amount of dried dates it was estimated that the palms would produce.

The Prophet said, "If I had gold equal to the mountain of Uhud, I would love that, before three days had passed, not a single Dinar thereof remained with me if I found somebody to accept it excluding some amount that I would keep for the payment of my debts.''

[Al-Bukhari and Muslim].

The narration in Al-Bukhari adds: The Messenger of Allah (PBUH) said, "The young should greet the elderly.''

It has been narrated on the authority of Abdullah b. 'Umar that the Messenger of Allah (may peace be upon him) used to give (from the spoils of war) to small troops seat on expeditions something more than the due share of each fighter in a large force. And Khums (one-fifth of the total spoils) was to be reserved (for Allah and His Apostle) in all cases.

"Some people drank alcohol in the morning of the day (of the battle) of Uhud and were martyred (on the same day)." Sufyan was asked, "(Were they martyred) in the last part of the day?)" He replied, "Such information does not occur in the narration."

I heard Allah's Apostle saying, "The example of a Mujahid in Allah's Cause-- and Allah knows better who really strives in His Cause----is like a person who fasts and prays continuously. Allah guarantees that He will admit the Mujahid in His Cause into Paradise if he is killed, otherwise He will return him to his home safely with rewards and war booty."

When I mentioned it (i.e. the narration of Rafi` 'bin Khadij: no. 532) to Tawus, he said, "It is permissible to rent the land for cultivation, for Ibn `Abbas said, 'The Prophet did not forbid that, but said: One had better give the land to one's brother gratis rather than charge a certain amount for it.' "

Hudhaifa said, "The Verse:-- "And spend (of your wealth) in the Cause of Allah and do not throw yourselves in destruction," (2.195) was revealed concerning spending in Allah's Cause (i.e. Jihad).

The Prophet (saws) said: Allah has cursed wine, its drinker, its server, its seller, its buyer, its presser, the one for whom it is pressed, the one who conveys it, and the one to whom it is conveyed.

When Allah bestowed Khaybar on His Prophet (saws) as fay' (as a result of conquest without fighting), the Messenger of Allah (saws) allowed (them) to remain there as they were before, and apportioned it between him and them. He then sent Abdullah ibn Rawahah who assessed (the amount of dates) upon them.

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."