When the delegates of the tribe of Hawazin came to the Prophet and they requested him to return their properties and captives. The Prophet stood up and said to them, "I have other people with me in this matter (as you see) and the most beloved statement to me is the true one; you may choose either the properties or the prisoners as I have delayed their distribution." The Prophet had waited for them for more than ten days since his arrival from Ta'if. So, when it became evident to them that the Prophet was not going to return them except one of the two, they said, "We choose our prisoners." The Prophet got up amongst the people and glorified and praised Allah as He deserved and said, "Then after, these brethren of yours have come to us with repentance, and I see it logical to return them the captives. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you likes to stick to his share till we recompense him from the very first war booty which Allah will give us, then he can do so (i.e. give up the present captives)." The people unanimously said, "We do that (return the captives) willingly." The Prophet said, "We do not know which of you has agreed to it and which have not, so go back and let your leaders forward us your decision." So, all the people then went back and discussed the matter with their leaders who returned and informed the Prophet that all the people had willingly given their consent to return the captives. This is what has reached us about the captives of Hawazin. Narrated Anas that `Abbas said to the Prophet, "I paid for my ransom and `Aqil's ransom."

I heard that the people asked the Prophet of Allah (saws): Water is brought for you from the well of Buda'ah. It is a well in which dead dogs, menstrual clothes and excrement of people are thrown. The Messenger of Allah (saws) replied: Verily water is pure and is not defiled by anything.

Abu Dawud said I heard Qutaibah b. Sa'id say: I asked the person in charge of the well of Bud'ah about the depth of the well. He replied: At most the water reaches pubes. Then I asked: Where does it reach when its level goes down ? He replied: Below the private part of the body.

Abu Dawud said: I measured the breadth of the well of Buda'ah with my sheet which I stretched over it. I them measured it with the hand. It measured six cubits in breadth. I then asked the man who opened the door of garden for me and admitted me to it: Has the condition of this well changed from what it had originally been in the past ? He replied: No. I saw the color of water in this well had changed.

Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman ibn Sad ibn Zurara that he had heard that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order, and she was killed.

Malik said, "The sorcerer is the one who uses sorcery for himself and no one else uses that for him. It is like the one about whom Allah, the Blessed, the Exalted, said in His Book, 'They know the one who devotes himself to it will have no share in the Next World.' (Sura 2 ayat 102) I think that that person is killed if he does that himself."

I saw Allah's Apostle in a red leather tent and I saw Bilal taking the remaining water with which the Prophet had performed ablution. I saw the people taking the utilized water impatiently and whoever got some of it rubbed it on his body and those who could not get any took the moisture from the others' hands. Then I saw Bilal carrying a short spear (or stick) which he planted in the ground. The Prophet came out tucking up his red cloak, and led the people in prayer and offered two rak`at (facing the Ka`ba) taking a short spear (or stick) as a Sutra for his prayer. I saw the people and animals passing in front of him beyond the stick.

That `Amra bint `Abdur-Rahman had told him, "Zaid bin Abu Sufyan wrote to `Aisha that `Abdullah bin `Abbas had stated, 'Whoever sends his Hadi (to the Ka`ba), all the things which are illegal for a (pilgrim) become illegal for that person till he slaughters it (i.e. till the 10th of Dhul-Hijja).' " `Amra added, `Aisha said, 'It is not like what Ibn `Abbas had said: I twisted the garlands of the Hadis of Allah's Apostle with my own hands. Then Allah's Apostle put them round their necks with his own hands, sending them with my father; Yet nothing permitted by Allah was considered illegal for Allah's Apostle till he slaughtered the Hadis.' "

We practiced I`tikaf with Allah's Apostle in the middle ten days (of Ramadan). In the morning of the twentieth (of Ramadan) we shifted our baggage, but Allah's Apostle came to us and said, "Whoever was m I`tikaf should return to his place of I`tikaf, for I saw (i.e. was informed about the date of) this Night (of Qadr) and saw myself prostrating in mud and water." When I returned to my place the sky was overcast with clouds and it rained. By Him Who sent Muhammad with the Truth, the sky was covered with clouds from the end of that day, and the mosque which was roofed with leafstalks of date palm trees (leaked with rain) and I saw the trace of mud and water over the nose of the Prophet and its tip.

The Prophet appointed a man from the tribe of Al-Azd, called Ibn 'Utbiyya for collecting the Zakat. When he returned he said, "This (i.e. the Zakat) is for you and this has been given to my as a present." The Prophet said, "Why hadn't he stayed in his father's or mother's house to see whether he would be given presents or not? By Him in Whose Hands my life is, whoever takes something from the resources of the Zakat (unlawfully) will be carrying it on his neck on the Day of Resurrection; if it be a camel, it will be grunting; if a cow, it will be mooing; and if a sheep, it will be bleating." The Prophet then raised his hands till we saw the whiteness of his armpits, and he said thrice, "O Allah! Haven't I conveyed Your Message (to them)?"

`Aisha said, "We set out with the Prophet in his last Hajj. Some of us intended to perform `Umra while others Hajj. When we reached Mecca, Allah's Apostle said, 'Those who had assumed the lhram for `Umra and had not brought the Hadi should finish his lhram and whoever had assumed the Ihram for `Umra and brought the Hadi should not finish the Ihram till he has slaughtered his Hadi and whoever had assumed the lhram for Hajj should complete his Hajj." `Aisha further said, "I got my periods (menses) and kept on menstruating till the day of `Arafat, and I had assumed the Ihram for `Umra only (Tamattu`). The Prophet ordered me to undo and comb my head hair and assume the lhram for Hajj only and leave the `Umra. I did the same till I completed the Hajj. Then the Prophet sent `Abdur Rahman bin Abi Bakr with me and ordered me to perform `Umra from at-Tan`im in lieu of the missed `Umra."

When the Prophet died and Abu Bakr became his successor and some of the Arabs reverted to disbelief, `Umar said, "O Abu Bakr! How can you fight these people although Allah's Apostle said, 'I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah, 'and whoever said, 'None has the right to be worshipped but Allah', Allah will save his property and his life from me, unless (he does something for which he receives legal punishment) justly, and his account will be with Allah?' "Abu Bakr said, "By Allah! I will fight whoever differentiates between prayers and Zakat as Zakat is the right to be taken from property (according to Allah's Orders). By Allah! If they refused to pay me even a kid they used to pay to Allah's Apostle, I would fight with them for withholding it." `Umar said, "By Allah: It was nothing, but I noticed that Allah opened Abu Bakr's chest towards the decision to fight, therefore I realized that his decision was right."

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

Malik related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Said al-Khudri that some people of the Ansar asked the Messenger of Allah, may Allah bless him and grant him peace, and he gave to them. Then they asked him again, and he gave to them until he used up what he had. Then he said, "What wealth I have, I will not hoard from you. Whoever has forbearance, Allah will help him. Whoever tries to be independent, Allah will enrich him. Whoever tries to be patient, Allah will give him patience, and no one is given a better or vaster gift than patience."

A person asked Allah's Apostle, "What should a Muhrim wear?" He replied, "He should not wear shirts, trousers, a burnus (a hooded cloak), or clothes which are stained with saffron or Wars (a kind of perfume). Whoever does not find a sandal to wear can wear Khuffs (socks made from thick fabric or leather), but these should be cut short so as not to cover the ankles.

Allah's Apostle said, "Whoever keeps a dog, one Qirat of the reward of his good deeds is deducted daily, unless the dog is used for guarding a farm or cattle." Abu Huraira (in another narration) said from the Prophet, "unless it is used for guarding sheep or farms, or for hunting." Narrated Abu Hazim from Abu Huraira: The Prophet said, "A dog for guarding cattle or for hunting."

Malik related to me from Abd ar-Rahman ibn Muhammad ibn Abdullah ibn Abd al-Qari that his father said, "A man came to Umar ibn al- Khattab from Abu Musa al-Ashari. Umar asked after various people, and he informed him. Then Umar inquired, 'Do you have any recent news?' He said, 'Yes. A man has become a kafir after his Islam.' Umar asked, 'What have you done with him?' He said, 'We let him approach and struck off his head.' Umar said, 'Didn't you imprison him for three days and feed him a loaf of bread every day and call on him to tawba that he might turn in tawba and return to the command of Allah?' Then Umar said, 'O Allah! I was not present and I did not order it and I am not pleased since it has come to me!' "

The Prophet (saws) said: Were dogs not a species of creature I should command that they all be killed; but kill every pure black one.

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

Allah's Apostle addressed the people saying, "Allah has given option to a slave to choose this world or what is with Him. The slave has chosen what is with Allah." Abu Bakr wept, and we were astonished at his weeping caused by what the Prophet mentioned as to a Slave ( of Allah) who had been offered a choice, (we learned later on) that Allah's Apostle himself was the person who was given the choice, and that Abu Bakr knew best of all of us. Allah's Apostle added, "The person who has favored me most of all both with his company and wealth, is Abu Bakr. If I were to take a Khalil other than my Lord, I would have taken Abu Bakr as such, but (what relates us) is the Islamic brotherhood and friendliness. All the gates of the Mosque should be closed except the gate of Abu Bakr."