Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

Yazid al-Farisi said: I heard Ibn Abbas say: I asked Uthman ibn Affan: What moved you to put the (Surah) al-Bara'ah which belongs to the mi'in (surahs) (containing one hundred verses) and the (Surah) al-Anfal which belongs to the mathani (Surahs) in the category of as-sab'u at-tiwal (the first long surah or chapters of the Qur'an), and you did not write "In the name of Allah, the Compassionate, the Merciful" between them?

Uthman replied: When the verses of the Qur'an were revealed to the Prophet (saws), he called someone to write them down for him and said to him: Put this verse in the surah in which such and such has been mentioned; and when one or two verses were revealed, he used to say similarly (regarding them). (Surah) al-Anfal is the first surah that was revealed at Medina, and (Surah) al-Bara'ah was revealed last in the Qur'an, and its contents were similar to those of al-Anfal. I, therefore, thought that it was a part of al-Anfal. Hence I put them in the category of as-sab'u at-tiwal (the seven lengthy surahs), and I did not write "In the name of Allah, the Compassionate, the Merciful" between them.

Malik related to me from Yahya ibn Said that Sulayman ibn Yasar informed him that Abdullah ibn Abbas ibn Abi Rabia al-Makhzumi said, "Umar ibn al-Khattab gave me orders about the slaves of Quraysh and we flogged some of the slave-girls of the muslim lands fifty times each for fornication."

Yahya related to me from Malik that he had heard that Abu Hurayra used to say, when morning came after it had rained on the people, "We have been rained upon by the rain of Allah's opening," and would then recite the ayat, "Whatever Allah opens to man of His mercy no-one can withhold, and whatever He withholds no-one can send forward after Him. " (Sura 35 ayat 2).

Yahya related to me from Malik from Nafj from Salim and Ubaydullah, two sons of Abdullah ibn Umar, that their father Abdullah ibn Umar used to send his family and children from Muzdalifa to Mina ahead of him so that they could pray subh at Mina and throw the stones before everyone (else) arrived.

When `Umar was stabbed, he showed signs of agony. Ibn `Abbas, as if intending to encourage `Umar, said to him, "O Chief of the believers! Never mind what has happened to you, for you have been in the company of Allah's Apostle and you kept good relations with him and you parted with him while he was pleased with you. Then you were in the company of Abu Bakr and kept good relations with him and you parted with him (i.e. he died) while he was pleased with you. Then you were in the company of the Muslims, and you kept good relations with them, and if you leave them, you will leave them while they are pleased with you." `Umar said, (to Ibn "Abbas), "As for what you have said about the company of Allah's Apostle and his being pleased with me, it is a favor, Allah did to me; and as for what you have said about the company of Abu Bakr and his being pleased with me, it is a favor Allah did to me; and concerning my impatience which you see, is because of you and your companions. By Allah! If (at all) I had gold equal to the earth, I would have ransomed myself with it from the Punishment of Allah before I meet Him."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."

Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "

Malik said, "Al-anat is fornication."

We were at Al-Ahwaz fighting the Al-Haruriya (tribe). While I was at the bank of a river a man was praying and the reins of his animal were in his hands and the animal was struggling and he was following the animal. (Shu`ba, a sub-narrator, said that man was Abu Barza Al-Aslami). A man from the Khawarij said, "O Allah! Be harsh to this sheik." And when the sheik (Abu Barza) finished his prayer, he said, "I heard your remark. No doubt, I participated with Allah's Apostle in six or seven or eight holy battles and saw his leniency, and no doubt, I would rather retain my animal than let it return to its stable, as it would cause me much trouble. "

(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling. He came out and said, "I am only a human being, and opponents come to me (to settle their problems); maybe someone amongst you can present his case more eloquently than the other, whereby I may consider him true and give a verdict in his favor. So, If I give the right of a Muslim to another by mistake, then it is really a portion of (Hell) Fire, he has the option to take or give up (before the Day of Resurrection).

I said: Messenger of Allah, to make my atonement complete I should divest myself of my all property as sadaqah (alms) for Allah and His apostle. He said: No. I said: The half of it. He said: No. I said: Then a third of it. He said: Yes. I said: I shall retain the portion I have at Khaybar.

The Prophet (saws) said: If anyone eats once at the cost of a Muslim's honour, Allah will give him a like amount of Jahannam to eat; if anyone clothes himself with a garment at the cost of a Muslim's honour, Allah will clothe him with like amount of Jahannam; and if anyone puts himself in a position of reputation and show Allah will disgrace him with a place of reputation and show on the Day of Resurrection.

A man kissed a woman and then came to Allah's Apostle and told him of that, so this Divine Inspiration was revealed to the Prophet 'And offer Prayers perfectly at the two ends of the day, and in some hours of the night; (i.e. (five) compulsory prayers). Verily, the good deeds remove the evil deeds (small sins) That is a reminder for the mindful.' (11.114) The man said, Is this instruction for me only?' The Prophet said, "It is for all those of my followers who encounter a similar situation."

I heard the Prophet saying, "A group of my followers will keep on following Allah's Laws strictly and they will not be harmed by those who will disbelieve them or stand against them till Allah's Order (The Hour) will come while they will be in that state."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab disapproved of killing domestic animals that had become wild by any means that game was slain such as arrows and the like.

Malik said, "I do not see any harm in eating game which is pierced by a throwing stick in a vital organ.

Allah, the Blessed, the Exalted! said, 'Oh you who believe! Allah will surely try you with something of the game that your hands and spears attain.' " (Sura 5 ayat 97).

Yahya said, "Any game that man obtains by his hand or by his spear or by any weapon which pierces it and reaches a vital organ, is acceptable as Allah, the Exalted, has said."

A Bedouin asked Allah's Apostle about the emigration. The Prophet (p.b.u.h) said, "May Allah have mercy on you! The matter of emigration is very hard. Have you got camels? Do you pay their Zakat?" The Bedouin said, "Yes, I have camels and I pay their Zakat." The Prophet said, Work beyond the seas and Allah will not decrease (waste) any of your good deeds." (See Hadith No. 260 Vol. 5).

That the Messenger of Allah (saws) said: "None of the people of Paradise would wish to return to the world except for the martyr who indeed would love to return to the world saying that he would love to be killed ten times in Allah's cause because of what he has seen of the honor that He has given him."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

I heard the Prophet saying, "A group of people amongst my followers will remain obedient to Allah's orders and they will not be harmed by anyone who will not help them or who will oppose them, till Allah's Order (the Last Day) comes upon them while they are still on the right path."

Malik related to me that he heard that a man of the Ansar from the tribe of Banu al-Harith ibn al-Khazraj, gave sadaqa to his parents and then they died. Their son inherited the property he had given them and it was palm-trees. He asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, "You are rewarded for your sadaqa, and take it as your inheritance."

Malik related to me from Humayd at-Tawil that Anas ibn Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, was cupped. Abu Tayba cupped him, and the Messenger of Allah, may Allah bless him and grant him peace, ordered him to be given a sa of dates and ordered his family to lessen what he paid them for his kitaba or kharaj."

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I ...

When Abu Bakr; sent me to (collect the Zakat from) Bahrain, he wrote to me the following:-- (In the name of Allah, the Beneficent, the Merciful). These are the orders for compulsory charity (Zakat) which Allah's Apostle had made obligatory for every Muslim, and which Allah had ordered His Apostle to observe: Whoever amongst the Muslims is asked to pay Zakat accordingly, he should pay it (to the Zakat collector) and whoever is asked more than that (what is specified in this script) he should not pay it; for twenty-four camels or less, sheep are to be paid as Zakat; for every five camels one sheep is to be paid, and if there are between twenty-five to thirty-five camels, one Bint Makhad is to be paid; and if they are between thirty-six to forty-five (camels), one Bint Labun is to be paid; and if they are between forty-six to sixty (camels), one Hiqqa is to be paid; and if the number is between sixty-one to seventy-five (camels), one Jadha is to be paid; and if the number is between seventy-six to ninety (camels), two Bint Labuns are to be paid; and if they are from ninety-one to one-hundredand twenty (camels), two Hiqqas are to be paid; and if they are over one-hundred and-twenty (camels), for every forty (over one-hundred-and-twenty) one Bint Labun is to be paid, and for every fifty camels (over one-hundred-and-twenty) one Hiqqa is to be paid; and who ever has got only four camels, has to pay nothing as Zakat, but if the owner of these four camels wants to give something, he can. If the number of camels increases to five, the owner has to pay one sheep as Zakat. As regards the Zakat for the (flock) of sheep; if they are between forty and one-hundred-and-twenty sheep, one sheep is to be paid; and if they are between one-hundred-and-twenty to two hundred (sheep), two sheep are to be paid; and if they are between two-hundred to three-hundred (sheep), three sheep are to be paid; and for over three-hundred sheep, for every extra hundred sheep, one sheep is to be paid as Zakat. And if somebody has got less than forty sheep, no Zakat is required, but if he wants to give, he can. For silver the Zakat is one-fortieth of the lot (i.e. 2.5%), and if its value is less than two-hundred Dirhams, Zakat is not required, but if the owner wants to pay he can.'

When Allah's Apostle died and Abu Bakr became the caliph some Arabs renegade (reverted to disbelief) (Abu Bakr decided to declare war against them), `Umar, said to Abu Bakr, "How can you fight with these people although Allah's Apostle said, 'I have been ordered (by Allah) to fight the people till they say: "None has the right to be worshipped but Allah, and whoever said it then he will save his life and property from me except on trespassing the law (rights and conditions for which he will be punished justly), and his accounts will be with Allah.' " Abu Bakr said, "By Allah! I will fight those who differentiate between the prayer and the Zakat as Zakat is the compulsory right to be taken from the property (according to Allah's orders) By Allah! If they refuse to pay me even a she-kid which they used to pay at the time of Allah's Apostle . I would fight with them for withholding it" Then `Umar said, "By Allah, it was nothing, but Allah opened Abu Bakr's chest towards the decision (to fight) and I came to know that his decision was right."

(The tribes of) Ril, Dhakwan, 'Usaiya and Bani Lihyan asked Allah's Apostle to provide them with some men to support them against their enemy. He therefore provided them with seventy men from the Ansar whom we used to call Al-Qurra' in their lifetime. They used to collect wood by daytime and pray at night. When they were at the well of Ma'una, the infidels killed them by betraying them. When this news reached the Prophet , he said Al-Qunut for one month In the morning prayer, invoking evil upon some of the 'Arab tribes, upon Ril, Dhakwan, 'Usaiya and Bani Libyan. We used to read a verse of the Qur'an revealed in their connection, but later the verse was cancelled. It was: "convey to our people on our behalf the information that we have met our Lord, and He is pleased with us, and has made us pleased." (Anas bin Malik added:) Allah's Prophet said Qunut for one month in the morning prayer, invoking evil upon some of the 'Arab tribes (namely), Ril, Dhakwan, Usaiya, and Bani Libyan. (Anas added:) Those seventy Ansari men were killed at the well of Mauna.

Some people of the tribe of `Ukl and `Uraina arrived at Medina to meet the Prophet and embraced Islam and said, "O Allah's Prophet! We are the owners of milch livestock (i.e. bedouins) and not farmers (i.e. countrymen)." They found the climate of Medina unsuitable for them. So Allah's Apostle ordered that they should be provided with some milch camels and a shepherd and ordered them to go out of Medina and to drink the camels' milk and urine (as medicine) So they set out and when they reached Al-Harra, they reverted to Heathenism after embracing Islam, and killed the shepherd of the Prophet and drove away the camels. When this news reached the Prophet, he sent some people in pursuit of them. (So they were caught and brought back to the Prophet ). The Prophet gave his orders in their concern. So their eyes were branded with pieces of iron and their hands and legs were cut off and they were left away in Harra till they died in that state of theirs. (See Hadith 234 Vol 1)

The Prophet said, "The example of a miser and an almsgiver is like the example of two persons wearing iron cloaks." Allah's Apostle also said, "The example of an almsgiver and a miser is like the example of two persons who have two iron cloaks on them from their breasts to their collar bones, and when the almsgiver wants to give in charity, the cloak becomes capacious till it covers his whole body to such an extent that it hides his fingertips and covers his footprints (obliterates his tracks). (1) And when the miser wants to spend, it (the iron cloak) sticks and every ring gets stuck to its place and he tries to widen it, but it did not become wide.

While I was with Ibn `Abbas a man came and said, "O father of `Abbas! My sustenance is from my manual profession and I make these pictures." Ibn `Abbas said, "I will tell you only what I heard from Allah's Apostle . I heard him saying, 'Whoever makes a picture will be punished by Allah till he puts life in it, and he will never be able to put life in it.' " Hearing this, that man heaved a sigh and his face turned pale. Ibn `Abbas said to him, "What a pity! If you insist on making pictures I advise you to make pictures of trees and any other unanimated objects."

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.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the slave is ill, Allah ta'ala sends two angels to him." He said, "They look at what he says to his visitors. If he praises Allah and lauds Him, when they come to him, they take that up to Allah, the Mighty, the Majestic, and He knows best, and He says, 'If I make my slave die, I will make him enter the Garden. If I heal him, I will replace his flesh with better flesh and his blood with better blood and I will efface his evil actions.'"

I asked the Prophet about the wall (outside the Ka`ba). "Is it regarded as part of the Ka`ba?" He replied, "Yes." I said, "Then why didn't the people include it in the Ka`ba?" He said, "(Because) your people ran short of money." I asked, "Then why is its gate so high?" He replied, ''Your people did so in order to admit to it whom they would and forbid whom they would. Were your people not still close to the period of ignorance, and were I not afraid that their hearts might deny my action, then surely I would include the wall in the Ka`ba and make its gate touch the ground."

Allah's Apostle used to invoke Allah in the prayer saying, "O Allah, I seek refuge with you from all sins, and from being in debt." Someone said, O Allah's Apostle! (I see you) very often you seek refuge with Allah from being in debt. He replied, "If a person is in debt, he tells lies when he speaks, and breaks his promises when he promises."

I was one of the Naqibs who gave the ('Aqaba) Pledge of Allegiance to Allah's Apostle . We gave the pledge of allegiance to him that we would not worship anything other than Allah, would not steal, would not commit illegal sexual intercourse, would not kill a person whose killing Allah has made illegal except rightfully, would not rob each other, and we would not be promised Paradise jf we did the above sins, then if we committed one of the above sins, Allah will give His Judgment concerning it.

My father set out (for Mecca) in the year of Al-Hudaibiya, and his companions assumed Ihram, but he did not. At that time the Prophet was informed that an enemy wanted to attack him, so the Prophet proceeded onwards. While my father was among his companions, some of them laughed among themselves. (My father said), "I looked up and saw an onager. I attacked, stabbed and caught it. I then sought my companions' help but they refused to help me. (Later) we all ate its meat. We were afraid that we might be left behind (separated) from the Prophet so I went in search of the Prophet and made my horse to run at a galloping speed at times and let it go slow at an ordinary speed at other times till I met a man from the tribe of Bani Ghifar at midnight. I asked him, "Where did you leave the Prophet ?" He replied, "I left him at Ta'hun and he had the intention of having the midday rest at As-Suqya. I followed the trace and joined the Prophet and said, 'O Allah's Apostle! Your people (companions) send you their compliments, and (ask for) Allah's Blessings upon you. They are afraid lest they may be left behind; so please wait for them.' I added, 'O Allah's Apostle! I hunted an onager and some of its meat is with me. The Prophet told the people to eat it though all of them were in the state of Ihram."