Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is ...

A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (saws) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (saws) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.

Allah's Apostle said, "When the Day of Resurrection approaches, the dreams of a believer will hardly fail to come true, and a dream of a believer is one of forty-six parts of prophetism, and whatever belongs to prothetism can never be false." Muhammad bin Seereen said, "But I say this." He said, "It used to be said, 'There are three types of dreams: The reflection of one's thoughts and experiences one has during wakefulness, what is suggested by Satan to frighten the dreamer, or glad tidings from Allah. So, if someone has a dream which he dislikes, he should not tell it to others, but get up and offer a prayer." He added, "He (Abu Huraira) hated to see a Ghul (i.e., iron collar around his neck in a dream) and people liked to see fetters (on their feet in a dream). The fetters on the feet symbolizes one's constant and firm adherence to religion." And Abu `Abdullah said, "Ghuls (iron collars) are used only for necks."

I met `Abdullah bin `Amr bin Al-`As and asked him, "Tell me about the description of Allah's Apostle which is mentioned in Torah (i.e. Old Testament.") He replied, 'Yes. By Allah, he is described in Torah with some of the qualities attributed to him in the Qur'an as follows: "O Prophet ! We have sent you as a witness (for Allah's True religion) And a giver of glad tidings (to the faithful believers), And a warner (to the unbelievers) And guardian of the illiterates. You are My slave and My messenger (i.e. Apostle). I have named you "Al-Mutawakkil" (who depends upon Allah). You are neither discourteous, harsh Nor a noisemaker in the markets And you do not do evil to those Who do evil to you, but you deal With them with forgiveness and kindness. Allah will not let him (the Prophet) Die till he makes straight the crooked people by making them say: "None has the right to be worshipped but Allah," With which will be opened blind eyes And deaf ears and enveloped hearts."

Ya`la used to say, "I wish I could see Allah's Apostle at the time when he is being inspired divinely." Ya`la added "While the Prophet was at Al-Ja'rana, shaded with a cloth sheet (in the form of a tent) and there were staying with him, some of his companions under it, suddenly there came to him a bedouin wearing a cloak and perfumed extravagantly. He said, "O Allah's Apostle ! What is your opinion regarding a man who assumes the state of Ihram for `Umra wearing a cloak after applying perfume to his body?" `Umar signalled with his hand to Ya`la to come (near). Ya`la came and put his head (underneath that cloth sheet) and saw the Prophet red-faced and when that state (of the Prophet ) was over, he said, "Where is he who as already asked me about the `Umra?" The man was looked for and brought to the Prophet The Prophet said (to him), "As for the perfume you have applied to your body, wash it off your body) thrice, and take off your cloak, and then do in your `Umra the rites you do in your Hajj."

While I was sitting in the Mosque of Medina, there entered a man (Abdullah bin Salam) with signs of solemnity over his face. The people said, "He is one of the people of Paradise." He prayed two light rak`at and then left. I followed him and said, "When you entered the Mosque, the people said, 'He is one of the people of Paradise.' " He said, "By Allah, one ought not say what he does not know; and I will tell you why. In the lifetime of the Prophet I had a dream which I narrated to him. I saw as if I were in a garden." He then described its extension and greenery. He added: In its center there was an iron pillar whose lower end was fixed in the earth and the upper end was in the sky, and at its upper end there was a (ring-shaped) hand-hold. I was told to climb it. I said, "I can't." "Then a servant came to me and lifted my clothes from behind and I climbed till I reached the top (of the pillar). Then I got hold of the hand-hold, and I was told to hold it tightly, then I woke up and (the effect of) the handhold was in my hand. I narrated al I that to the Prophet who said, 'The garden is Islam, and the handhold is the Most Truth-worthy Hand-Hold. So you will remain as a Muslim till you die." The narrator added: "The man was `Abdullah bin Salam."

A man had a shot of arrow in his chest or throat (the narrator is doubtful). So he died. He was shrouded in his clothes as he was. The narrator said: We were with the Messenger of Allah (saws).

While Hudhaifa was at Al-Madain, he asked for water whereupon the chief of the village brought him water in a silver cup. Hudhaifa threw it at him and said, "I have thrown it only because I have forbidden him to use it, but he does not stop using it. Allah's Apostle said, 'Gold, silver, silk and Dibaj (a kind of silk) are for them (unbelievers) in this world and for you (Muslims) in the hereafter.'

The Prophet (saws) said: Cannot any one of you (according to the version of the narrator AbdulWarith) step forward or backward or at his right or left. The version of Hammad added: during prayer; that is, in supererogatory prayer.

The Prophet said, "When the people of Ash`ari tribe ran short of food during the holy battles, or the food of their families in Medina ran short, they would collect all their remaining food in one sheet and then distribute it among themselves equally by measuring it with a bowl. So, these people are from me, and I am from them."

`Umar came to the Mosque while Hassan was reciting a poem. (`Umar disapproved of that). On that Hassan said, "I used to recite poetry in this very Mosque in the presence of one (i.e. the Prophet ) who was better than you." Then he turned towards Abu Huraira and said (to him), "I ask you by Allah, did you hear Allah's Apostle saying (to me), "Retort on my behalf. O Allah! Support him (i.e. Hassan) with the Holy Spirit?" Abu Huraira said, "Yes."

Abu Dawud said: The narrator Sulaiman said the Ayyub said: "his two garments," 'Amr said: "tow garments," Ibn 'Ubaid said that Ayyub said: "in two garments" and Amr said: "in his two garments." Sulaiman alone added: "do not put any perfume on him."

The news about the differences amongst the people of Bani `Amr bin `Auf at Quba reached Allah's Apostle and so he went to them along with some of his companions to affect a reconciliation. Allah's Apostle was delayed there and the time for the prayer became due. Bilal came to Abu Bakr! and said, "O Abu Bakr! Allah's Apostle is detained (there) and the time for the prayer is due. Will you lead the people in prayer?" Abu Bakr replied, "Yes, if you wish." So Bilal pronounced the Iqama and Abu Bakr went forward and the people said Takbir. In the meantime, Allah's Apostle came piercing through the rows till he stood in the (first) row and the people started clapping. Abu Bakr, would never look hither and thither during the prayer but when the people clapped much he looked back and saw Allah's Apostle. The Prophet beckoned him to carry on. Abu Bakr raised both his hands, praised Allah and retreated till he stood in the row and Allah's Apostle went forward and led the people in the prayer. When he had finished the prayer, he addressed the people and said, "O people! Why did you start clapping when something happened to you in the prayer? Clapping is for women. Whenever one is confronted with something unusual in the prayer one should say, 'Sub Han Allah'." Then the Prophet looked towards Abu Bakr and asked, "What prevented you from leading the prayer when I beckoned you to carry on?" Abu Bakr replied, "It does not befit the son of Al Quhafa to lead the prayer in the presence of Allah's Apostle.

"You should not pass urine in stagnant water which is not flowing then (you may need to) wash in it."

The Messenger of Allah (saws) retired to the mosque. He heard them (the people) reciting the Qur'an in a loud voice. He removed the curtain and said: Lo! every one of you is calling his Lord quietly. One should not trouble the other and one should not raise the voice in recitation or in prayer over the voice of the other.

When the Messenger of Allah (saws) proceeded on journey, he would say: O Allah, Thou art the Companion in the journey, and the One Who looks after the family; O Allah, I seek refuge in Thee from the difficulty of travelling, finding harm when I return, and unhappiness in what I see coming to my family and property. O Allah, make the length of his journey short for us, and the journey easy for us.

[Al-Bukhari and Muslim].

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, "Scorching heat is a part of the blast of Jahannam. So, when the heat is fierce, delay the prayer until it gets cooler."

He added in explanation, "The Fire complained to its Lord and said, 'My Lord, part of me has eaten another part,' so He allowed it two breaths in every year, a breath in winter and a breath in summer."

This hadith has been transmitted on the authority of Abu Huraira and Zaid b. Khalid al-Juhani in the same way as transmitted by Malik with this (difference) tnat there is a doubt whether her sale (that of the slave-girl committing adultery) was mentioned after the third or the fourth time.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).

Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.

He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.

(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.

I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.

The Messenger of Allah (saws) encamped at Ulat al-Jaysh and Aisha was in his company. Her necklace of onyx of Zifar was broken (and fell somewhere). The people were detained to make a search for that necklace until the dawn broke. There was no water with the people. Therefore AbuBakr became angry with her and said: You detained the people and they have no water with them.

Thereupon Allah, the Exalted, sent down revelation about it to His Apostle (saws) granting concession to purify themselves with pure earth. Then the Muslims stood up with the Messenger of Allah (saws) and struck the ground with their hands and then they raised their hands, and did not take any earth (in their hands). Then they wiped with them their faces and hands up to the shoulders, and from their palms up to the armpits.

Ibn Yahya added in his version: Ibn Shihab said in his tradition: The people do not take this (tradition) into account.

Abu Dawud said: Ibn Ishaq also reported it in a similar way. In this (version) he said on the authority of Ibn 'Abbas. He mentioned the words "two strikes" (i.e. striking the earth twice) as mentioned by Yunus. And Ma'mar also narrated on the authority of al-Zuhri "two strikes". And Malik said: From al-Zuhri from 'Ubaid Allah b. 'Abd Allah from his father on the authority of 'Ammar. Abu Uwais also reported it in a similar way on the authority of al-Zuhri. But Ibn 'Uyainah doubted it, he sometimes said: from his father, and sometimes he said: from Ibn 'Abbas. Ibn 'Uyainah was confused in it and in his hearing from al-Zuhri. No one has mentioned "two strikes" in this tradition except those whose names I have mentioned.

There was a dispute amongst the people of the tribe of Bani `Amr bin `Auf. The Prophet went to them along with some of his companions in order to make peace between them. The time for the prayer became due but the Prophet did not turn up; Bilal pronounced the Adhan (i.e. call) for the prayer but the Prophet did not turn up, so Bilal went to Abu Bakr and said, "The time for the prayer is due and the Prophet i detained, would you lead the people in the prayer?" Abu Bakr replied, "Yes, you wish." So, Bilal pronounced the Iqama of the prayer and Abu Bakr went ahead (to lead the prayer), but the Prophet came walking among the rows till he joined the first row. The people started clapping and they clapped too much, and Abu Bakr used not to look hither and thither in the prayer, but he turned round and saw the Prophet standing behind him. The Prophet beckoned him with his hand to keep on praying where he was. Abu Bakr raised his hand and praised Allah and then retreated till he came in the (first) row, and the Prophet went ahead and lead the people in the prayer. When the Prophet finished the prayer, he turned towards the people and said, "O people! When something happens to you during the prayer, you start clapping. Really clapping is (permissible) for women only. If something happens to one of you in his prayer, he should say: 'Subhan Allah', (Glorified be Allah), for whoever hears him (saying so) will direct his attention towards him. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned to you (to continue)?" Abu Bakr replied, "It did not befit the son of Abu Quhafa to lead the prayer in front of the Prophet.