Malik ibn Aws ibn al-Hadthan said: One day Umar ibn al-Khattab mentioned the spoils of war and said: I am not more entitled to this spoil of war than you; and none of us is more entitled to it than another, except that we occupy our positions fixed by the Book of Allah, Who is Great and Glorious, and the division made by the Messenger of Allah (saws), people being arranged according to their precedence in accepting Islam, the hardship they have endured their having children and their need.

Am effeminate man (mukhannath) who had dyed his hands and feet with henna was brought to the Prophet (saws). He asked: What is the matter with this man? He was told: "Messenger of Allah! He imitates the look of women." So he issued an order regarding him and he was banished to an-Naqi'. The people said: Messenger of Allah! Should we not kill him? He said: I have been prohibited from killing people who pray. AbuUsamah said: Naqi' is a region near Medina and not a Baqi'.

I heard Allah's Apostle saying, "Allah said, 'If I deprive my slave of his two beloved things (i.e., his eyes) and he remains patient, I will let him enter Paradise in compensation for them.'"

The Prophet (saws) said: Do not try to outstrip me in bowing and prostrating because however earlier I bow you will join me when I raise (my head from bowing); I have become bulky.

The Messenger of Allah (saws) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.

Yahya related from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone revives dead land, it belongs to him, and the unjust root has no right."

Malik explained, "The unjust root is whatever is taken, or planted without right."

Allah's Apostle said, "The one who looks after and works for a widow and for a poor person is like a warrior fighting for Allah's Cause." (The narrator Al-Qa'nabi is not sure whether he also said "Like the one who prays all the night without slackness and fasts continuously and never breaks his fast.")

The Prophet said, "If a woman gives in charity from her house meals without wasting (i.e. being extravagant), she will get the reward for her giving, and her husband will also get the reward for his earning and the storekeeper will also get a similar reward. The acquisition of the reward of none of them will reduce the reward of the others."

The Prophet (saws) said: If anyone omits the Friday prayer without excuse, he must give a dinar in alms, or if he does not have as much, then half a dinar.

Abu Dawud said: Khalid b. Qais reported this tradition in this manner, but he disagreed in respect of chain (of transmitters) and agreed in respect of the text.

The Prophet said, "Whoever frees his portion of a common slave should free the slave completely by paying the rest of his price from his money if he has enough money; otherwise the price of the slave is to be estimated and the slave is to be helped to work without hardship till he pays the rest of his price."

The Prophet expired in my house and on the day of my turn, leaning against my chest. One of us (i.e. the Prophet's wives ) used to recite a prayer asking Allah to protect him from all evils when he became sick. So I started asking Allah to protect him from all evils (by reciting a prayer ). He raised his head towards the sky and said, "With the highest companions, with the highest companions." `Abdur- Rahman bin Abu Bakr passed carrying a fresh leaf-stalk of a date-palm and the Prophet looked at it and I thought that the Prophet was in need of it (for cleaning his teeth ). So I took it (from `Abdur Rahman) and chewed its head and shook it and gave it to the Prophet who cleaned his teeth with it, in the best way he had ever cleaned his teeth, and then he gave it to me, and suddenly his hand dropped down or it fell from his hand (i.e. he expired). So Allah made my saliva mix with his saliva on his last day on earth and his first day in the Hereafter.

A man from Najd with unkempt hair came to Allah's Apostle and we heard his loud voice but could not understand what he was saying, till he came near and then we came to know that he was asking about Islam. Allah's Apostle said, "You have to offer prayers perfectly five times in a day and night (24 hours)." The man asked, "Is there any more (praying)?" Allah's Apostle replied, "No, but if you want to offer the Nawafil prayers (you can)." Allah's Apostle further said to him: "You have to observe fasts during the month of Ramadan." The man asked, "Is there any more fasting?" Allah's Apostle replied, "No, but if you want to observe the Nawafil fasts (you can.)" Then Allah's Apostle further said to him, "You have to pay the Zakat (obligatory charity)." The man asked, "Is there any thing other than the Zakat for me to pay?" Allah's Apostle replied, "No, unless you want to give alms of your own." And then that man retreated saying, "By Allah! I will neither do less nor more than this." Allah's Apostle said, "If what he said is true, then he will be successful (i.e. he will be granted Paradise)."

From his father, that he sought permission from the Prophet (saws) to take the wages for cupping and he (saws) forbade him from it. He continued asking him and seeking his permission until he said: "Use it to give fodder to your water-carrying camels, and to feed your slaves."

[He said:] There are narrations on this topic from Rafi' bin Khadij, Abu Juhaifah, Jabir, and As-Sa'ib bin Yazid.

[Abu 'Eisa said:] The Hadith of Muhayyisah is a Hasan Sahih Hadith. This is acted upon according to some of the people of knowledge. Ahmad said: "If I am asked for something by cupper then I deny him, acting upon this Hadith."

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

While we were with Allah's Apostle a bedouin got up and said, "O Allah's Apostle! Settle my case according to Allah's Book (Laws)." Then his opponent got up and said, "O Allah's Apostle! He has said the truth! Settle his case according to Allah's Book (Laws.) and allow me to speak," He said, "My son was a laborer for this man and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death but I ransomed him with one-hundred sheep and a slave girl. Then I asked the religious learned people and they told me that his wife should be stoned to death and my son should receive one-hundred lashes and be sentenced to one year of exile.' The Prophet said, "By Him in Whose Hands my life is, I will judge between you according to Allah's Book (Laws): As for the slave girl and the sheep, they are to be returned; and as for your son, he shall receive onehundred lashes and will be exiled for one year. You, O Unais!" addressing a man from Bani Aslam, "Go tomorrow morning to the wife of this (man) and if she confesses, then stone her to death." The next morning Unais went to the wife and she confessed, and he stoned her to death.

My father said, "I heard Allah's Apostle reciting "at-Tur" (52) in the Maghrib prayer."

My companions learned (something about) good (through asking the Prophet) while I learned (something about) evil.

Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt, which people claim from him, and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it.

"If a man gives his son or daughter something and a woman marries the man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back, or, if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you."

While we were with the Prophet , a man stood up and said (to the Prophet ), "I beseech you by Allah, that you should judge us according to Allah's Laws." Then the man's opponent who was wiser than him, got up saying (to Allah's Apostle) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet said, "'Speak." He said, "My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son's sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death." Unais went to her and she confessed. He then stoned her to death.

A man came to the Prophet and said, "I beseech you to judge us according to Allah's Laws." Then his opponent who was wiser than he, got up and said, "He has spoken the truth. So judge us according to Allah's Laws and please allow me (to speak), O Allah's Apostle." The Prophet said, "Speak." He said, "My son was a laborer for the family of this man and he committed illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom (for my son), but I asked the religious learned people (regarding this case), and they informed me that my son should be flogged onehundred stripes, and be exiled for one year, and the wife of this man should be stoned (to death)."The Prophet said, "By Him in Whose Hand my soul is, I will Judge you (in this case) according to Allah's Laws. The one-hundred (sheep) and the slave shall be returned to you and your son shall be flogged one-hundred stripes and be exiled for one year. And O Unais! Go in the morning to the wife of this man and ask her, and if she confesses, stone her to death." She confessed and he stoned her to death.

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

The Prophet (saws) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. The full information rest with the tradition narrated by Yazid.

Abu Dawud said: This tradition has also been transmitted in a similar way by Abu Khalid Sulaiman b. Hayyan and Mu'adh b. Mu'adh on the authority of Muhammad b. 'Amr.

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 wife of the Prophet) that she asked Allah's Apostle about plague, and Allah's Apostle informed her saying, "Plague was a punishment which Allah used to send on whom He wished, but Allah made it a blessing for the believers. None (among the believers) remains patient in a land in which plague has broken out and considers that nothing will befall him except what Allah has ordained for him, but that Allah will grant him a reward similar to that of a martyr."

Some people asked Allah's Apostle about the fore-tellers. Allah's Apostle said to them, "They are nothing (i.e., liars)." The people said, 'O Allah's Apostle ! Sometimes they tell something which comes out to be true." Allah's Apostle said, "That word which comes to be true is what a jinx snatches away by stealing and then pours it in the ear of his fore-teller with a sound similar to the cackle of a hen, and then they add to it one-hundred lies."

I was with Ali (may Allah be pleased with him) when the Messenger of Allah (saws) appointed him to be the governor of the Yemen. I collected some ounces of gold during my stay with him.

When Ali returned from the Yemen to the Messenger of Allah (saws) he said: I found that Fatimah had put on coloured clothes and the smell of the perfume she had used was pervading the house. (He expressed his amazement at the use of coloured clothes and perfume.)

She said: What is wrong with you? The Messenger of Allah (saws) has ordered his companions to put off their ihram and they did so.

Ali said: I said to her: I raised my voice in talbiyah for which the Prophet (saws) raised his voice (i.e. I wore ihram for qiran). Then I came to the Prophet (saws).

He asked (me): How did you do? I replied: I raised my voice in talbiyah, for which the Prophet (saws) raised his voice. He said: I have brought the sacrificial animals with me and combined umrah and hajj. He said to me: Sacrifice sixty-seven or sixty-six camels (for me) and withhold for yourself thirty-three or thirty-four, and withhold a piece (of flesh) for me from every camel.

While I was lying with the Prophet under a woolen sheet, I got my menses. I slipped away and put on the clothes for menses. The Prophet said, "Have you got your menses?" I replied, "Yes." He called me and I slept with him under the woolen sheet.

The Prophet of Allah (saws) used to say when he broke his fast: O Allah, for Thee I have fasted, and with Thy provision I have broken my fast.

`Abdur Rahman bin Abi Bakr said, "The Suffa Companions were poor people and the Prophet said, 'Whoever has food for two persons should take a third one from them (Suffa companions). And whosoever has food for four persons he should take one or two from them' Abu Bakr took three men and the Prophet took ten of them." `Abdur Rahman added, my father my mother and I were there (in the house). (The sub-narrator is in doubt whether `Abdur Rahman also said, 'My wife and our servant who was common for both my house and Abu Bakr's house). Abu Bakr took his supper with the Prophet and remained there till the `Isha' prayer was offered. Abu Bakr went back and stayed with the Prophet till the Prophet took his meal and then Abu Bakr returned to his house after a long portion of the night had passed. Abu Bakr's wife said, 'What detained you from your guests (or guest)?' He said, 'Have you not served them yet?' She said, 'They refused to eat until you come. The food was served for them but they refused." `Abdur Rahman added, "I went away and hid myself (being afraid of Abu Bakr) and in the meantime he (Abu Bakr) called me, 'O Ghunthar (a harsh word)!' and also called me bad names and abused me and then said (to his family), 'Eat. No welcome for you.' Then (the supper was served). Abu Bakr took an oath that he would not eat that food. The narrator added: By Allah, whenever any one of us (myself and the guests of Suffa companions) took anything from the food, it increased from underneath. We all ate to our fill and the food was more than it was before its serving. Abu Bakr looked at it (the food) and found it as it was before serving or even more than that. He addressed his wife (saying) 'O the sister of Bani Firas! What is this?' She said, 'O the pleasure of my eyes! The food is now three times more than it was before.' Abu Bakr ate from it, and said, 'That (oath) was from Satan' meaning his oath (not to eat). Then he again took a morsel (mouthful) from it and then took the rest of it to the Prophet. So that meal was with the Prophet. There was a treaty between us and some people, and when the period of that treaty had elapsed the Prophet divided us into twelve (groups) (the Prophet's companions) each being headed by a man. Allah knows how many men were under the command of each (leader). So all of them (12 groups of men) ate of that meal."

Once while I was in a state of fatigue (because of severe hunger), I met 'Umar bin Al-Khattab, so I asked him to recite a verse from Allah's Book to me. He entered his house and interpreted it to me. (Then I went out and) after walking for a short distance, I fell on my face because of fatigue and severe hunger. Suddenly I saw Allah's Apostle standing by my head. He said, "O Abu Huraira!" I replied, "Labbaik, O Allah's Apostle, and Sadaik!" Then he held me by the hand, and made me get up. Then he came to know what I was suffering from. He took me to his house, and ordered a big bowl of milk for me. I drank thereof and he said, "Drink more, O Abu Hirr!" So I drank again, whereupon he again said, "Drink more." So I drank more till my belly became full and looked like a bowl. Afterwards I met 'Umar and mentioned to him what had happened to me, and said to him, "Somebody, who had more right than you, O 'Umar, took over the case. By Allah, I asked you to recite a Verse to me while I knew it better than you." On that Umar said to me, "By Allah, if I admitted and entertained you, it would have been dearer to me than having nice red camels.

I suffered from an illness. The Messenger of Allah (saws) came to pay a visit to me. He put his hands between my nipples and I felt its coolness at my heart. He said: You are a man suffering from heart sickness. Go to al-Harith ibn Kaladah, brother of Thaqif. He is a man who gives medical treatment. He should take seven ajwah dates of Medina and grind them with their kernels, and then put them into your mouth.

The Prophet said, "There was a man amongst the people who had suspicion as to the righteousness of his deeds. Therefore he said to his family, 'If I die, take me and burn my corpse and throw my ashes into the sea on a hot (or windy) day.' They did so, but Allah, collected his particles and asked (him), What made you do what you did?' He replied, 'The only thing that made me do it, was that I was afraid of You.' So Allah forgave him."

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

The Jew could not help shouting at the top of his voice, "O you 'Arabs! Here is your great man whom you have been waiting for!" So all the Muslims rushed to their arms and received Allah's Apostle on the summit of Harra. The Prophet turned with them to the right and alighted at the quarters of Bani 'Amr bin 'Auf, and this was on Monday in the month of Rabi-ul-Awal. Abu Bakr stood up, receiving the people while Allah's Apostle sat down and kept silent. Some of the Ansar who came and had not seen Allah's Apostle before, began greeting Abu Bakr, but when the sunshine fell on Allah's Apostle and Abu Bakr came forward and shaded him with his sheet only then the people came to know Allah's Apostle. Allah's Apostle stayed with Bani 'Amr bin 'Auf for ten nights and established the mosque (mosque of Quba) which was founded on piety. Allah's Apostle prayed in it and then mounted his she-camel and proceeded on, accompanied by the people till his she-camel knelt down at (the place of) the Mosque of Allah's Apostle at Medina. Some Muslims used to pray there in those days, and that place was a yard for drying dates belonging to Suhail and Sahl, the orphan boys who were under the guardianship of 'Asad bin Zurara. When his she-camel knelt down, Allah's Apostle said, "This place, Allah willing, will be our abiding place." Allah's Apostle then called the two boys and told them to suggest a price for that yard so that he might take it as a mosque. The two boys said, "No, but we will give it as a gift, O Allah's Apostle!" Allah's Apostle then built a mosque there. The Prophet himself started carrying unburnt bricks for its building and while doing so, he was saying "This load is better than the load of Khaibar, for it is more pious in the Sight of Allah and purer and better rewardable." He was also saying, "O Allah! The actual reward is the reward in the Hereafter, so bestow Your Mercy on the Ansar and the Emigrants." Thus the Prophet recited (by way of proverb) the poem of some Muslim poet whose name is unknown to me.

(Ibn Shibab said, "In the Hadiths it does not occur that Allah's Apostle

recited a complete poetic verse other than this one.")