Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."

Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."

Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."

I heard the Messenger of Allah (saws) say: Only a ruler, or one put in charge, or one who is presumptuous, gives instructions.

Allah's Apostle ordered that an unmarried man who committed illegal sexual intercourse be scourged one hundred lashes and sent into exile for one year.

I asked al-Bara' ibn Azib: What should be avoided in sacrificial animals? He said: The Messenger of Allah (saws) stood among us, and my fingers are smaller than his fingers, and my fingertips are smaller than his fingertips. He said (pointing with his fingers): Four (types of animals) should be avoided in sacrifice: A One-eyed animal which has obviously lost the sight of one eye, a sick animal which is obviously sick, a lame animal which obviously limps and an animal with a broken leg with no marrow. I also detest an animal which has defective teeth. He said: Leave what you detest, but do not make it illegal for anyone.

Abu Dawud said: (By a lean animal mean) and animal which has no marrow.

I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?

When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was overtaken by sleep at night, he would pray twelve rak'ahs.

The narrator said: I came to Ibn 'Abbas and narrated all this to him. By Allah, this is really a tradition. Has I been on speaking terms with her, I would have come to her and heard it from her mouth. I said: If I knew that you were not on speaking terms with her, I would have never narrated it to you.

Regarding the Verse: "Verily! The worst of beasts in the Sight of Allah are the deaf and the dumb---- those who understand not." (8.22) (The people referred to here) were some persons from the tribe of Bani `Abd-Addar.

The Prophet (saws) used to make a sign during prayer.

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."

A man came to the Messenger of Allah (saws) and he had the mark of yellowness (of saffron). The Prophet (peace be upon him rarely mentioned a thing which he disliked before a man. When he went away, he said: Would that you tell this man that he should wash this off him.

I said: Messenger of Allah, tell us the legal injunction about (visiting) Bayt al-Muqaddas (the dome of the Rock at Jerusalem). The Messenger of Allah (saws) said: go and pray there. All the cities at that time were effected by war. If you cannot visit it and pray there, then send some oil to be used in the lamps.

that while they were with the Prophet at As-Sahba' which was at a distance of one day's journey from Khaibar the prayer became due, and the Prophet asked the people for food but there was nothing with the people except Sawiq. He ate of it and we ate along with him, and then he asked for water and rinsed his mouth (with it), and then offered the (Maghrib) prayer and we too offered the prayer but the Prophet did not perform ablution (again after eating the Sawiq.).

The Messenger of Allah (saws) sent sacrificial camels with him (as offering to the Ka'bah). He then said: If any one of them becomes fatigued, slaughter it, dip its shoes in its blood, and leave it for the people (to eat).

Fasting was observed on the day of 'Ashura' (i.e. 10th of Muharram) by the people of the Pre-lslamic Period. But when (the order of compulsory fasting) in the month of Ramadan was revealed, the Prophet said, "It is up to one to fast on it (i.e. day of 'Ashura') or not."

Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form.' Then he is given his due immediately."

Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."

Allah's Apostle said, "There is no Diya for persons killed by animals or for the one who has been killed accidentally by falling into a well or for the one killed in a mine. And one-fifth of Rikaz (treasures buried before the Islamic era) is to be given to the state."

We witnessed along with Allah's Apostle the Khaibar (campaign). Allah's Apostle told his companions about a man who claimed to be a Muslim, "This man is from the people of the Fire." When the battle started, the man fought very bravely and received a great number of wounds and got crippled. On that, a man from among the companions of the Prophet came and said, "O Allah's Apostle! Do you know what the man you described as of the people of the Fire has done? He has fought very bravely for Allah's Cause and he has received many wounds." The Prophet said, "But he is indeed one of the people of the Fire." Some of the Muslims were about to have some doubt about that statement. So while the man was in that state, the pain caused by the wounds troubled him so much that he put his hand into his quiver and took out an arrow and committed suicide with it. Off went some men from among the Muslims to Allah's Apostle and said, "O Allah's Apostle! Allah has made your statement true. So-and-so has committed suicide." Allah's Apostle said, "O Bilal! Get up and announce in public: None will enter Paradise but a believer, and Allah may support this religion (Islam) with a wicked man."

who was one of those who witnessed (the Pledge of allegiance beneath) the Tree: Allah's Apostle and his companions were given Sawiq and they chewed it.

One of `Abdullah's sons said to `Abdullah (bin `Umar) "I wish you would stay this year (and not perform Hajj) as I am afraid that you will not be able to reach the Ka`ba." On that he (i.e. `Abdullah bin `Umar) said, "We went out with the Prophet (for `Umra), and when the Quraish infidel intervened between us and the Ka`ba, the Prophet slaughtered his Hadi and shaved (his head), and his companions cut short their hair." Then `Abdullah bin `Umar said, "I make you witness that I have intended to perform `Umra and if I am allowed to reach the Ka`ba, I will perform the Tawaf, and if something (i.e. obstacles) intervene between me and the Ka`ba, then I will do what Allah's Apostle did." Then after going for a while, he said, "I consider the ceremonies (of both `Umra and Hajj as one and the same, so I would like you to witness that I have intended to perform Hajj along with my `Umra." So he performed only one Tawaf and one Sai (between Safa and Marwa) and finished the Ihram of both Umra and Hajj).

Al-Muhajirun (i.e. the Emigrants) and the Ansar were digging the trench around Medina and were carrying the earth on their backs while saying, "We are those who have given the pledge of allegiance to Muhammad for Islam as long as we live." The Prophet said in reply to their saying, "O Allah! There is no goodness except the goodness of the Hereafter; so please grant Your Blessing to the Ansar and the Emigrants." The people used to bring a handful of barley, and a meal used to be prepared thereof by cooking it with a cooking material (i.e. oil, fat and butter having a change in color and smell) and it used to be presented to the people (i.e. workers) who were hungry, and it used to stick to their throats and had a nasty smell.

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

`Abdullah bin Mas`ud said, "While Allah's Apostle was praying beside the Ka`ba, there were some Quraish people sitting in a gathering. One of them said, 'Don't you see this (who does deeds just to show off)? Who amongst you can go and bring the dung, blood and the Abdominal contents (intestines, etc.) of the slaughtered camels of the family of so and so and then wait till he prostrates and put that in between his shoulders?' The most unfortunate amongst them (`Uqba bin Abi Mu'ait) went (and brought them) and when Allah's Apostle prostrated, he put them between his shoulders. The Prophet remained in prostration and they laughed so much so that they fell on each other. A passerby went to Fatima, who was a young girl in those days. She came running and the Prophet was still in prostration. She removed them and cursed upon the Quraish on their faces. When Allah's Apostle completed his prayer, he said, 'O Allah! Take revenge on Quraish.' He said so thrice and added, 'O Allah! take revenge on `Amr bin Hisham, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, `Uqba bin Abi Mu'ait and `Umar a bin Al-Walid." `Abdullah added, "By Allah! I saw all of them dead in the battle field on the day of Badr and they were dragged and thrown in the Qalib (a well) at Badr: Allah's Apostle then said, 'Allah's curse has descended upon the people of the Qalib (well).

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything.

Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (saws).

Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.

Allah's Apostle said, "While I was sleeping, I saw myself standing at a well over which there was a bucket. I pulled out from it as many buckets of water as Allah wished, and then Ibn Abi Quhafa (Abu Bakr) took the bucket from me and pulled out one or two full buckets, and there was weakness in his pull--may Allah forgive him. Then the bucket turned into a very large one and `Umar bin Al-Khattab took it. I have never seen any strong man among the people, drawing water with such strength as `Umar did, till the people (drank to their satisfaction and) watered their camels to their fill; whereupon the camels sat beside the water."

The Prophet prayed one of the `Isha' prayer in his last days and after finishing it with Taslim, he stood up and said, "Do you realize (the importance of) this night? Nobody present on the surface of the earth tonight would be living after the completion of one hundred years from this night." The people made a mistake in grasping the meaning of this statement of Allah's Apostle and they indulged in those things which are said about these narrators (i.e. some said that the Day of Resurrection will be established after 100 years etc.) But the Prophet said, "Nobody present on the surface of earth tonight would be living after the completion of 100 years from this night"; he meant "When that century (people of that century) would pass away."

Allah's Apostle said. "While (in a dream), I was standing by a well, drawing water from it. Abu Bakr and `Umar came to me. Abu Bakr took the bucket (from me) and drew one or two buckets of water, and there was some weakness in his drawing. May Allah forgive him. Then Ibn Al-Khattab took the bucket from Abu Bakr, and the bucket turned into a very large one in his hands. I had never seen such a mighty person amongst the people as him in performing such hard work. He drew so much water that the people drank to their satisfaction and watered their camels." (Wahab, a sub-narrator said, "till their camels drank and knelt down.")

Allah's Apostle did not screen himself from me since my embracing Islam, and whenever he saw me he would receive me with a smile. Once I told him that I could not sit firm on horses. He stroke me on the chest with his hand and said, "O Allah! Make him firm and make him a guiding and a rightly guided man."

The Prophet said Allah will not look, on the Day of Resurrection at the person who drags his garment (behind him) out of conceit. On that Abu Bakr said, "O Allah's Apostle! One side of my Izar hangs low if I do not take care of it." The Prophet said, 'You are not one of those who do that out of conceit."

Allah's Apostle said "Three persons will have a double reward:

1. A Person from the people of the scriptures who believed in his prophet (Jesus or Moses) and then believed in the Prophet Muhammad (i .e. has embraced Islam).

2. A slave who discharges his duties to Allah and his master.

3. A master of a woman-slave who teaches her good manners and educates her in the best possible way (the religion) and manumits her and then marries her."

Some of the companions of the Prophet went on a journey till they reached some of the 'Arab tribes (at night). They asked the latter to treat them as their guests but they refused. The chief of that tribe was then bitten by a snake (or stung by a scorpion) and they tried their best to cure him but in vain. Some of them said (to the others), "Nothing has benefited him, will you go to the people who resided here at night, it may be that some of them might possess something (as treatment)," They went to the group of the companions (of the Prophet ) and said, "Our chief has been bitten by a snake (or stung by a scorpion) and we have tried everything but he has not benefited. Have you got anything (useful)?" One of them replied, "Yes, by Allah! I can recite a Ruqya, but as you have refused to accept us as your guests, I will not recite the Ruqya for you unless you fix for us some wages for it." They agrees to pay them a flock of sheep. One of them then went and recited (Surat-ul-Fatiha): 'All the praises are for the Lord of the Worlds' and puffed over the chief who became all right as if he was released from a chain, and got up and started walking, showing no signs of sickness. They paid them what they agreed to pay. Some of them (i.e. the companions) then suggested to divide their earnings among themselves, but the one who performed the recitation said, "Do not divide them till we go to the Prophet and narrate the whole story to him, and wait for his order." So, they went to Allah's Apostle and narrated the story. Allah's Apostle asked, "How did you come to know that Suratul- Fatiha was recited as Ruqya?" Then he added, "You have done the right thing. Divide (what you have earned) and assign a share for me as well." The Prophet smiled thereupon.