Allah's Apostle said, "On the Day of Resurrection the Kanz (Treasure or wealth of which, Zakat has not been paid) of anyone of you will appear in the shape of a huge bald headed poisonous male snake and its owner will run away from it, but it will follow him and say, 'I am your Kanz.'" The Prophet added, "By Allah, that snake will keep on following him until he stretches out his hand and let the snake swallow it." Allah's Apostle added, "If the owner of camels does not pay their Zakat, then, on the Day of Resurrection those camels will come to him and will strike his face with their hooves." Some people said: Concerning a man who has camels, and is afraid that Zakat will be due so he sells those camels for similar camels or for sheep or cows or money one day before Zakat becomes due in order to avoid payment of their Zakat cunningly! "He has not to pay anything." The same scholar said, "If one pays Zakat of his camels one day or one year prior to the end of the year (by the end of which Zakat becomes due), his Zakat will be valid."

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.

The Prophet said, "Some people will be taken out of the Fire through the intercession of Muhammad they will enter Paradise and will be called Al-Jahannamiyin (the Hell Fire people).

The Prophet said, "If anyone of you enters a Mosque, he should not sit until he has offered a tworak` at prayer."

Abu Huraira reported Allah's Messenger (may peace be upon him) as saying that there was a tree which caused inconvenience to the Muslims; a person came there and cut that (tree) (and thus entered ) Paradise).

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

"The Messenger of Allah (saws) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (saws) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked separating between the captives when selling them.

Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."

We were in the company of the Prophet at a place called Al-Qaha (which is at a distance of three stages of journey from Medina). Abu Qatada narrated through another group of narrators: We were in the company of the Prophet at a place called Al-Qaha and some of us had assumed Ihram while the others had not. I noticed that some of my companions were watching something, so I looked up and saw an onager. (I rode my horse and took the spear and whip) but my whip fell down (and I asked them to pick it up for me) but they said, "We will not help you by any means as we are in a state of Ihram." So, I picked up the whip myself and attacked the onager from behind a hillock and slaughtered it and brought it to my companions. Some of them said, "Eat it." While some others said, "Do not eat it." So, I went to the Prophet who was ahead of us and asked him about it, He replied, "Eat it as it is Halal (i.e. it is legal to eat it).

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

Urwa bin Az-Zubair and I entered the Mosque (of the Prophet) and saw `Abdullah bin `Umar sitting near the dwelling place of Aisha and some people were offering the Duha prayer. We asked him about their prayer and he replied that it was a heresy. He (Urwa) then asked him how many times the Prophet had performed `Umra. He replied, 'Four times; one of them was in the month of Rajab." We disliked to contradict him. Then we heard `Aisha, the Mother of faithful believers cleaning her teeth with Siwak in the dwelling place. 'Urwa said, "O Mother! O Mother of the believers! Don't you hear what Abu `Abdur Rahman is saying?" She said, "What does he say?" 'Urwa said, "He says that Allah's Apostle performed four `Umra and one of them was in the month of Rajab." `Aisha said, "May Allah be merciful to Abu `Abdur Rahman! The Prophet did not perform any `Umra except that he was with him, and he never performed any `Umra in Rajab."

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."

The Prophet (saws) raised his voice in talbiyah for hajj. When he came (to Mecca) he went round the House (the Ka'bah) and ran between as-Safa and al-Marwah. The narrator Ibn Shawkar said: He did not clip his hair, nor did he take off his ihram due to sacrificial animals. But he commanded those who did not bring sacrificial animals with them to go round the Ka'bah, to run between as-Safa and al-Marwah, to clip their hair, and then put off their ihram. The narrator Ibn Mani' added: Or shave their heads, then take off their ihram."

I heard Ka`b bin Malik at the time he remained behind and did not join (the battle of) Tabuk, saying, "By Allah, no blessing has Allah bestowed upon me, besides my guidance to Islam, better than that of helping me speak the truth to Allah's Apostle otherwise I would have told the Prophet a lie and would have been ruined like those who had told a lie when the Divine Inspiration was revealed:-- "They will swear by Allah to you (Muslims) when you return to them.. the rebellious people." (9.95-96)

I heard `Aisha saying, "Five days before the end of Dhul-Qa'da we set out from Medina in the company of Allah's Apostle with the intention of performing Hajj only. When we approached Mecca, Allah's Apostle ordered those who had no Hadi with them to finish their lhram after performing Tawaf of the Ka`ba and (Sa`i) and between Safa and Marwa." `Aisha added, "On the day of Nahr (slaughtering of sacrifice) beef was brought to us. I asked, 'What is this?' The reply was, 'Allah's Apostle (p.b.u.h) has slaughtered (sacrifices) on behalf of his wives.' "

Rafi` bin Khadij said, "My two uncles told me that they (i.e. the companions of the Prophet) used to rent the land in the lifetime of the Prophet for the yield on the banks of water streams (rivers) or for a portion of the yield stipulated by the owner of the land. The Prophet forbade it." I said to Rafi`, "What about renting the land for Dinars and Dirhams?" He replied, "There is no harm in renting for Dinars- Dirhams. Al-Laith said, "If those who have discernment for distinguishing what is legal from what is illegal looked into what has been forbidden concerning this matter they would not permit it, for it is surrounded with dangers."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."

Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."

Malik related to me from Safwan ibn Sulaym from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was questioned by a man who said, "Messenger of Allah, shall I ask permission of my mother to enter?" He said, "Yes " The man said, "I live with her in the house". The Messenger of Allah, may Allah bless him and grant him peace, said "Ask her permission." The man said, "I am her servant." The Messenger of Allah. may Allah bless him and grant him peace, said, "Ask her permission. Do you want to see her naked?" He said, "No." He said, "Then ask her permission."

The Prophet said, "Allah created Adam, making him 60 cubits tall. When He created him, He said to him, "Go and greet that group of angels, and listen to their reply, for it will be your greeting (salutation) and the greeting (salutations of your offspring." So, Adam said (to the angels), As-Salamu Alaikum (i.e. Peace be upon you). The angels said, "As-salamu Alaika wa Rahmatu-l-lahi" (i.e. Peace and Allah's Mercy be upon you). Thus the angels added to Adam's salutation the expression, 'Wa Rahmatu-l-lahi,' Any person who will enter Paradise will resemble Adam (in appearance and figure). People have been decreasing in stature since Adam's creation.

A man entered the Mosque while the Prophet was delivering the Khutba. The Prophet said to him, "Have you prayed?" The man replied in the negative. The Prophet said, "Pray two rak`at."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

While I was present in one of the gatherings of the Ansar, Abu Musa came as if he was scared, and said, "I asked permission to enter upon `Umar three times, but I was not given the permission, so I returned." (When `Umar came to know about it) he said to Abu Musa, "Why did you not enter?'. Abu Musa replied, "I asked permission three times, and I was not given it, so I returned, for Allah's Apostle said, "If anyone of you asks the permission to enter thrice, and the permission is not given, then he should return.' " `Umar said, "By Allah! We will ask Abu Musa to bring witnesses for it." (Abu Musa went to a gathering of the Ansar and said). "Did anyone of you hear this from the Prophet ?" Ubai bin Ka`b said, "By Allah, none will go with you but the youngest of the people (as a witness)." (Abu Sa`id) was the youngest of them, so I went with Abu Musa and informed `Umar that the Prophet had said so. (See Hadith No. 277, Vol. 3)

While I was with the Prophet in one of the gardens of Medina, a man came and asked me to open the gate. The Prophet said to me, "Open the gate for him and give him the glad tidings that he will enter Paradise." I opened (the gate) for him, and behold! It was Abu Bakr. I informed him of the glad tidings the Prophet had said, and he praised Allah. Then another man came and asked me to open the gate. The Prophet said to me "Open (the gate) and give him the glad tidings of entering Paradise." I opened (the gate) for him, and behold! It was `Umar. I informed him of what the Prophet had said, and he praised Allah. Then another man came and asked me to open the gate. The Prophet said to me. "Open (the gate) for him and inform him of the glad tidings, of entering Paradise with a calamity which will befall him. " Behold ! It was `Uthman, I informed him of what Allah's Apostle had said. He praised Allah and said, "I seek Allah's Aid."

Ar-Rabi' ibn Saburah said on the authority of his father (Saburah): We went out along with the Messenger of Allah (saws) till we reached Usfan, Suraqah ibn Malik al-Mudlaji said to him: Messenger of Allah, explain to us like the people as if they were born today. He said: Allah, the Exalted, has included this umrah in your hajj. When you come (to Mecca), and he who goes round the House (the Ka'bah), and runs between as-Safa and al-Marwah, is allowed to take off ihram except he who has brought the sacrificial animals with him.

that he heard Abu Huraira in his narration, mentioning that the Prophet said, "A Muslim brother of yours who does not say dirty words." and by that he meant Ibn Rawaha, "said (in verse): 'We have Allah's Apostle with us who recites the Holy Qur'an in the early morning time. He gave us guidance and light while we were blind and astray, so our hearts are sure that whatever he says, will certainly happen. He does not touch his bed at night, being busy in worshipping Allah while the pagans are sound asleep in their beds.' "

Allah's Apostle entered the mosque and a person followed him. The man prayed and went to the Prophet and greeted him. The Prophet returned the greeting and said to him, "Go back and pray, for you have not prayed." The man went back prayed in the same way as before, returned and greeted the Prophet who said, "Go back and pray, for you have not prayed." This happened thrice. The man said, "By Him Who sent you with the Truth, I cannot offer the prayer in a better way than this. Please, teach me how to pray." The Prophet said, "When you stand for Prayer say Takbir and then recite from the Holy Qur'an (of what you know by heart) and then bow till you feel at ease. Then raise your head and stand up straight, then prostrate till you feel at ease during your prostration, then sit with calmness till you feel at ease (do not hurry) and do the same in all your prayers.