'Uwaimir Al-Ajlani came to `Asim bin Ad Al-Ansari and said to him, "O `Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, O `Asim, ask about this on my behalf." `Asim asked Allah's Apostle about it. Allah's Apostle, disliked that question and considered it disgraceful. What `Asim heard from Allah's Apostle was hard on him. When `Asim returned to his family, 'Uwaimir came to him and said, "O `Asim! What did Allah's Apostle. say to you?" `Asim said to 'Uwaimir, "You never bring me any good. Allah's Apostle disliked the problem which I asked him about." 'Uwaimir said, "By Allah, I will not give up this matter until I ask the Prophet about it." So 'Uwaimir proceeded till he came to Allah's Apostle in the midst of people, and said, "O Allah's Apostle! If a man sees another man with his wife, would he kill him, whereupon you would kill him, or what should he do?" Allah's Apostle said, "Allah has revealed some decree as regards you and your wives case. Go and bring her." So they carried out the process of Lian while I was present among the people with Allah's Apostle. When they had finished their Lian, 'Uwaimir said, "O Allah's Apostle! If I should now keep her with me as a wife, then I have told a lie." So he divorced her thrice before Allah's Apostle ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Lian.)

Men from the companions of Allah's Apostle used to see dreams during the lifetime of Allah's Apostle and they used to narrate those dreams to Allah's Apostle. Allah's Apostle would interpret them as Allah wished. I was a young man and used to stay in the mosque before my wedlock. I said to myself, "If there were any good in myself, I too would see what these people see." So when I went to bed one night, I said, "O Allah! If you see any good in me, show me a good dream." So while I was in that state, there came to me (in a dream) two angels. In the hand of each of them, there was a mace of iron, and both of them were taking me to Hell, and I was between them, invoking Allah, "O Allah! I seek refuge with You from Hell." Then I saw myself being confronted by another angel holding a mace of iron in his hand. He said to me, "Do not be afraid, you will be an excellent man if you only pray more often." So they took me till they stopped me at the edge of Hell, and behold, it was built inside like a well and it had side posts like those of a well, and beside each post there was an angel carrying an iron mace. I saw therein many people hanging upside down with iron chains, and I recognized therein some men from the Quraish. Then (the angels) took me to the right side. I narrated this dream to (my sister) Hafsa and she told it to Allah's Apostle. Allah's Apostle said, "No doubt, `Abdullah is a good man." (Nafi` said, "Since then `Abdullah bin `Umar used to pray much.)

Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understood as trained dogs understood, there was no harm in eating what they had killed in the course of hunting, if the name of Allah had been mentioned when they were sent out.

Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the dog's fangs and then waiting until it dies, is that it is not halal to eat it."

Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either". He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."

Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills, if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it.

It is the same as a muslim using a magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim's bow and arrow to hunt game with, or like his using a muslim's knife to slaughter with. It is not halal to eat anything killed like that.

Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham only gave a fixed share to two grandmothers (together).

Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing, is that the maternal grandmother does not inherit anything at all with the mother. Outside of that, she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share." If both the paternal grandmother and maternal grandmother are alive, and the deceased does not have a father or mother outside of them, Malik said,."I have heard that if the maternal grandmother is the nearest of the two of them, then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer, or they are in the same position in relation to the deceased, the sixth is divided equally between them."

Malik said, "None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, gave the grandmother inheritance, and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah, may Allah bless him and grant him peace, that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar ibn al-Khattab, and he said, 'I am not one to add to fixed shares. If there are two of you together, it is between you. If either of you is left alone with it, it is hers.' " Malik said, "We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day."

Yahya related to me from Malik from Ibn Shihab that Sahl ibn Sad as-Saidi told him that Uwaymir al-Ajlani came to Asim ibn Adi al- Ansari and said to him, "Asim! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should .he do? Asim! ask the Messenger of Allah, may Allah bless him and grant him peace, about that for me." Asim asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the questions and reproved them until what he heard from the Messenger of Allah, may Allah bless him and grant him peace. was intolerable for Asim. When Asim returned to his people, Uwaymir came to him and said, " Asim! what did the Messenger of Allah, may Allah bless him and grant him peace, say to you?" Asim said to Uwaymir, "You didn't bring me any good. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the question which I asked him." Uwaymir said, "By Allah! I will not stop until I ask him about it!" Uwaymir stood up and went to the Messenger of Allah, may Allah bless him and grant him peace, in the middle of the people and said, "Messenger of Allah! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should he do?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Something has been sent down about you and your wife, so go and bring her."

Sahl continued, "They mutually cursed one another in the presence of the Messenger, may Allah bless him and grant him peace, and I was present with the people. When they finished cursing each other, Uwaymir said, 'I shall have lied about her, Messenger of Allah, if I keep her,' and pronounced the divorce three times before the Messenger of Allah, may Allah bless him and grant him peace, ordered him to do it."

Malik said that Ibn Shihab said, "That was how the sunna of a couple mutually cursing each other was established (lian)."

When the delegates of the tribe of Hawazin after embracing Islam, came to Allah's Apostle, he got up. They appealed to him to return their properties and their captives. Allah's Apostle said to them, "The most beloved statement to me is the true one. So, you have the option of restoring your properties or your captives, for I have delayed distributing them." The narrator added, Allah's Apostle c had been waiting for them for more than ten days on his return from Taif. When they realized that Allah's Apostle would return to them only one of two things, they said, "We choose our captives." So, Allah's Apostle got up in the gathering of the Muslims, praised Allah as He deserved, and said, "Then after! These brethren of yours have come to you with repentance and I see it proper to return their captives to them. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first booty which Allah will give us then he can do so." The people replied, "We agree to give up our shares willingly as a favor for Allah's Apostle." Then Allah's Apostle said, "We don't know who amongst you has agreed and who hasn't. Go back and your chiefs may tell us your opinion." So, all of them returned and their chiefs discussed the matter with them and then they (i.e. their chiefs) came to Allah's Apostle to tell him that they (i.e. the people) had given up their shares gladly and willingly.

When the Hawazin delegation came to Allah's Apostle after they had embraced Islam and requested him to return their properties and war prisoners to them, Allah's Apostle said, "To me the best talk is the truest, so you may choose either of two things; the war prisoners or the wealth, for I have delayed their distribution." Allah's Apostle had waited for them for over ten days when he returned from Ta'if. So, when those people came to know that Allah's Apostle was not going to return to them except one of the two things the said, "We choose our war Prisoners 'Allah's Apostle stood up amongst the Muslims, and after glorifying Allah as He deserved, he said, "Now then, these brothers of yours have come to us with repentance, and I see it logical that I should return their captives to them, so whoever of you likes to do that as a favor then he can do it, and whoever amongst you likes to stick to his share, let him give up his prisoners and we will compensate him from the very first Fai' (i.e. war booty received without fight) which Allah will give us." On that, all the people said. 'O Allah's Apostles We have agreed willingly to do so (return the captives)" Then Allah's Apostle said to them "I do not know who amongst you has agreed to this and who has not. You should return and let your leaders inform me of your agreement." The people returned and their leaders spoke to them, and then came to Allah's Apostle and said, "All the people have agreed willingly to do so and have given the permission to return the war prisoners (without Compensation)" (Az-Zuhri, the sub-narrator states) This is what has been related to us about the captives of Hawazin.

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good ...

Mu'awiyah said to al-Miqdam: Do you know that al-Hasan ibn Ali has died? Al-Miqdam recited the Qur'anic verse "We belong to Allah and to Him we shall return."

A man asked him: Do you think it a calamity? He replied: Why should I not consider it a calamity when it is a fact that the Messenger of Allah (saws) used to take him on his lap, saying: This belongs to me and Husayn belongs to Ali?

The man of Banu Asad said: (He was) a live coal which Allah has extinguished. Al-Miqdam said: Today I shall continue to make you angry and make you hear what you dislike. He then said: Mu'awiyah, if I speak the truth, declare me true, and if I tell a lie, declare me false.

He said: Do so. He said: I adjure you by Allah, did you hear the Messenger of Allah (saws) forbidding use to wear gold?

He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of silk?

He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of the skins of beasts of prey and riding on them?

He said: Yes. He said: I swear by Allah, I saw all this in your house, O Mu'awiyah.

Mu'awiyah said: I know that I cannot be saved from you, O Miqdam.

Khalid said: Mu'awiyah then ordered to give him what he did not order to give to his two companions, and gave a stipend of two hundred (dirhams) to his son. Al-Miqdam then divided it among his companions, and the man of Banu Asad did not give anything to anyone from the property he received. When Mu'awiyah was informed about it, he said: Al-Miqdam is a generous man; he has an open hand (for generosity). The man of Banu Asad withholds his things in a good manner.

' Aisha said, "We set out with Allah's Apostles in the months of Hajj, and (in) the nights of Hajj, and at the time and places of Hajj and in a state of Hajj. We dismounted at Sarif (a village six miles from Mecca). The Prophet then addressed his companions and said, "Anyone who has not got the Hadi and likes to do Umra instead of Hajj may do so (i.e. Hajj-al-Tamattu`) and anyone who has got the Hadi should not finish the Ihram after performing ' `Umra). (i.e. Hajj-al-Qiran). Aisha added, "The companions of the Prophet obeyed the above (order) and some of them (i.e. who did not have Hadi) finished their Ihram after Umra." Allah's Apostle and some of his companions were resourceful and had the Hadi with them, they could not perform Umra (alone) (but had to perform both Hajj and Umra with one Ihram). Aisha added, "Allah's Apostle came to me and saw me weeping and said, "What makes you weep, O Hantah?" I replied, "I have heard your conversation with your companions and I cannot perform the Umra." He asked, "What is wrong with you?' I replied, ' I do not offer the prayers (i.e. I have my menses).' He said, ' It will not harm you for you are one of the daughters of Adam, and Allah has written for you (this state) as He has written it for them. Keep on with your intentions for Hajj and Allah may reward you that." Aisha further added, "Then we proceeded for Hajj till we reached Mina and I became clean from my menses. Then I went out from Mina and performed Tawaf round the Ka`ba." Aisha added, "I went along with the Prophet in his final departure (from Hajj) till he dismounted at Al-Muhassab (a valley outside Mecca), and we too, dismounted with him." He called ' `Abdur-Rahman bin Abu Bakr and said to him, ' Take your sister outside the sanctuary of Mecca and let her assume Ihram for ' `Umra, and when you had finished ' `Umra, return to this place and I will wait for you both till you both return to me.' " ' Aisha added, " So we went out of the sanctuary of Mecca and after finishing from the ' `Umra and the Tawaf we returned to the Prophet at dawn. He said, 'Have you performed the ' `Umra?' We replied in the affirmative. So he announced the departure amongst his companions and the people set out for the journey, and the Prophet: too left for Medina.''

When the delegate of Hawazin came to Allah's Apostle declaring their conversion to Islam and asked him to return their properties and captives, Allah's Apostle got up and said to them, "There Is involved in this matter, the people whom you see with me, and the most beloved talk to me, is the true one. So choose one of two alternatives: Either the captives or the properties. I have been waiting for you (i.e. have not distributed the booty)." Allah's Apostle had delayed the distribution of their booty over ten nights after his return from Ta'if. So when they came to know that Allah's Apostle was not going to return to them but one of the two, they said, "We prefer to have our captives." So Allah's Apostle got up amongst the Muslims, and praising Allah as He deserved, said, "To proceed! Your brothers have come to you with repentance and I see (it logical) to return their captives. So, whoever of 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 give him from the very first booty which Allah will give us, then he can do so." The people said, "We do that (i.e. return the captives) willingly as a favor, 'O Allah's Apostle!" Allah's Apostle said, "We do not know which of you have agreed to it and which have not; so go back and let your chiefs forward us your decision." They went back and their chief's spoke to them, and they (i.e. the chiefs) returned to Allah's Apostle and informed him that all of them had agreed (to give up their captives) with pleasure, and had given their permission (i.e. that the captives be returned to their people). (The sub-narrator said, "That is what has reached me about the captives of Hawazin tribe.")

The Prophet said, "An Israeli man asked another Israeli to lend him one thousand Dinars. The second man required witnesses. The former replied, 'Allah is sufficient as a witness.' The second said, 'I want a surety.' The former replied, 'Allah is sufficient as a surety.' The second said, 'You are right,' and lent him the money for a certain period. The debtor went across the sea. When he finished his job, he searched for a conveyance so that he might reach in time for the repayment of the debt, but he could not find any. So, he took a piece of wood and made a hole in it, inserted in it one thousand Dinars and a letter to the lender and then closed (i.e. sealed) the hole tightly. He took the piece of wood to the sea and said. 'O Allah! You know well that I took a loan of one thousand Dinars from so-and-so. He demanded a surety from me but I told him that Allah's Guarantee was sufficient and he accepted Your guarantee. He then asked for a witness and I told him that Allah was sufficient as a Witness, and he accepted You as a Witness. No doubt, I tried hard to find a conveyance so that I could pay his money but could not find, so I hand over this money to You.' Saying that, he threw the piece of wood into the sea till it went out far into it, and then he went away. Meanwhile he started searching for a conveyance in order to reach the creditor's country.

One day the lender came out of his house to see whether a ship had arrived bringing his money, and all of a sudden he saw the piece of wood in which his money had been deposited. He took it home to use for fire. When he sawed it, he found his money and the letter inside it. Shortly after that, the debtor came bringing one thousand Dinars to him and said, 'By Allah, I had been trying hard to get a boat so that I could bring you your money, but failed to get one before the one I have come by.' The lender asked, 'Have you sent something to me?' The debtor replied, 'I have told you I could not get a boat other than the one I have come by.' The lender said, 'Allah has delivered on your behalf the money you sent in the piece of wood. So, you may keep your one thousand Dinars and depart guided on the right path.' "

Once I set out to visit `Umar (bin Al-Khattab). (While I was sitting there with him his gate-keeper, Yarfa, came and said, "Uthman `AbdurRahman (bin `Auf), Az-Zubair and Sa`d (bin Abi Waqqas) are seeking permission (to meet you)." `Umar said, "Yes. So he admitted them and they entered, greeted, and sat down. After a short while Yarfa came again and said to `Umar 'Shall I admit `Ali and `Abbas?" `Umar said, "Yes." He admitted them and when they entered, they greeted and sat down. `Abbas said, "O Chief of the Believers! Judge between me and this (`Ali)." The group, `Uthman and his companions Sa`d, 'O Chief of the Believers! Judge between them and relieve one from the other." `Umar said. Wait! I beseech you by Allah, by Whose permission both the Heaven and the Earth stand fast ! Do you know that Allah's Apostle said. 'We (Apostles) do not bequeath anything to our heirs, but whatever we leave is to be given in charity.' And by that Allah's Apostles meant himself?" The group said, "He did say so." `Umar then turned towards 'All and `Abbas and said. "I beseech you both by Allah, do you know that Allah's Apostle said that?" They said, 'Yes " `Umar said, "Now, let me talk to you about this matter. Allah favored His Apostle with something of this property (war booty) which He did not give to anybody else. And Allah said:-- 'And what Allah has bestowed on His Apostle (as Fai Booty) from them for which you made no expedition with either cavalry or camelry . . . Allah is Able to do all things.' (59.6) So this property was especially granted to Allah's Apostle. But by Allah he neither withheld it from you, nor did he keep it for himself and deprive you of it, but he gave it all to you and distributed it among you till only this remained out of it. And out of this property Allah's Apostle used to provide his family with their yearly needs, and whatever remained, he would spend where Allah's Property (the revenues of Zakat) used to be spent. Allah's Apostle kept on acting like this throughout his lifetime. Now I beseech you by Allah, do you know that?" They said, "Yes." Then `Umar said to `Ali and `Abbas, "I beseech you by Allah, do you both know that?" They said, "Yes." `Umar added, "When Allah had taken His Apostle unto Him, Abu Bakr said, 'I am the successor of Allah's Apostle. So he took charge of that property and did with it the same what Allah's Apostle used to do, and both of you knew all about ...

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...

I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer ...

'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: ...

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

who was one of the companions of Allah's Apostle and one of the Ansar's who took part in the battle of Badr: I came to Allah's Apostle and said, "O Allah's Apostle I have weak eyesight and I lead my people in prayers. When it rains the water flows in the valley between me and my people so I cannot go to their mosque to lead them in prayer. O Allah's Apostle! I wish you would come to my house and pray in it so that I could take that place as a Musalla. Allah's Apostle said. "Allah willing, I will do so." Next day after the sun rose high, Allah's Apostle and Abu Bakr came and Allah's Apostle asked for permission to enter. I gave him permission and he did not sit on entering the house but said to me, "Where do you like me to pray?" I pointed to a place in my house. So Allah's Apostle stood there and said, 'Allahu Akbar', and we all got up and aligned behind him and offered a two-rak`at prayer and ended it with Taslim. We requested him to stay for a meal called "Khazira" which we had prepared for him. Many members of our family gathered in the house and one of them said, "Where is Malik bin Al-Dukhaishin or Ibn Al-Dukhshun?" One of them replied, "He is a hypocrite and does not love Allah and His Apostle." Hearing that, Allah's Apostle said, "Do not say so. Haven't you seen that he said, 'None has the right to be worshipped but Allah' for Allah's sake only?" He said, "Allah and His Apostle know better. We have seen him helping and advising hypocrites." Allah's Apostle said, "Allah has forbidden the (Hell) fire for those who say, 'None has the right to be worshipped but Allah' for Allah's sake only."

The Messenger of Allah (saws) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (saws).

I rode hurriedly to the Holy Prophet (saws) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle.

When Banu al-Anbar arrived, the Holy Prophet (saws) said to me: Have you any evidence that you had embraced Islam before you were captured today?

I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Holy Prophet (saws) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle.

The Holy Prophet (saws) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope.

Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Holy Prophet (saws) and informed him.

He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Holy Prophet (saws) looked at us standing there. He asked: What do you intend (doing) with your captive?

I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her.

He said: Prophet of Allah (saws), I no longer have it.

He said: The Holy Prophet (saws) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.

Ya`la bin Muslim and `Amr bin Dinar and some others narrated the narration of Sa`id bin Jubair. Narrated Sa`id: While we were at the house of Ibn `Abbas, Ibn `Abbas said, "Ask me (any question)" I said, "O Abu `Abbas! May Allah let me be sacrificed for you ! There is a man at Kufa who is a storyteller called Nauf; who claims that he (Al-Khadir's companion) is not Moses of Bani Israel." As for `Amr, he said to me, "Ibn `Abbas said, "(Nauf) the enemy of Allah told a lie." But Ya`la said to me, "Ibn `Abbas said, Ubai bin Ka`b said, Allah's Apostle said, 'Once Moses, Allah's Apostle, preached to the people till their eyes shed tears and their hearts became tender, whereupon he finished his sermon. Then a man came to Moses and asked, 'O Allah's Apostle! Is there anyone on the earth who is more learned than you?' Moses replied, 'No.' So Allah admonished him (Moses), for he did not ascribe all knowledge to Allah. It was said, (on behalf of Allah), 'Yes, (there is a slave of ours who knows more than you ).' Moses said, 'O my Lord! Where is he?' Allah said, 'At the junction of the two seas.' Moses said, 'O my Lord ! Tell I me of a sign whereby I will recognize the place.' " `Amr said to me, Allah said, "That place will be where the fish will leave you." Ya`la said to me, "Allah said (to Moses), 'Take a dead fish (and your goal will be) the place where it will become alive.' " So Moses took a fish and put it in a basket and said to his boy-servant "I don't want to trouble you, except that you should inform me as soon as this fish leaves you." He said (to Moses)." You have not demanded too much." And that is as mentioned by Allah: 'And (remember) when Moses said to his attendant .... ' (18.60) Yusha` bin Noon. (Sa`id did not state that). The Prophet said, "While the attendant was in the shade of the rock at a wet place, the fish slipped out (alive) while Moses was sleeping. His attend an said (to himself), "I will not wake him, but when he woke up, he forgot to tell him The fish slipped out and entered the sea. Allah stopped the flow of the sea. where the fish was, so that its trace looked as if it was made on a rock. `Amr forming a hole with his two thumbs an index fingers, said to me, "Like this, as in its trace was made on a rock." Moses said "We have suffered much fatigue on this journey of ours." (This was not narrated by Sa`id). Then they returned back and found Al-Khadir. `Uthman ...

The nephew of Suraqa bin Ju'sham said that his father informed him that he heard Suraqa bin Ju'sham saying, "The messengers of the heathens of Quraish came to us declaring that they had assigned for the persons why would kill or arrest Allah's Apostle and Abu Bakr, a reward equal to their bloodmoney. While I was sitting in one of the gatherings of my tribe. Bani Mudlij, a man from them came to us and stood up while we were sitting, and said, "O Suraqa! No doubt, I have just seen some people far away on the seashore, and I think they are Muhammad and his companions." Suraqa added, "I too realized that it must have been they. But I said 'No, it is not they, but you have seen so-and-so, and so-and-so whom we saw set out.' I stayed in the gathering for a while and then got up and left for my home. and ordered my slave-girl to get my horse which was behind a hillock, and keep it ready for me.

Then I took my spear and left by the back door of my house dragging the lower end of the spear on the ground and keeping it low. Then I reached my horse, mounted it and made it gallop. When I approached them (i.e. Muhammad and Abu Bakr), my horse stumbled and I fell down from it, Then I stood up, got hold of my quiver and took out the divining arrows and drew lots as to whether I should harm them (i.e. the Prophet and Abu Bakr) or not, and the lot which I disliked came out. But I remounted my horse and let it gallop, giving no importance to the divining arrows. When I heard the recitation of the Quran by Allah's Apostle who did not look hither and thither while Abu Bakr was doing it often, suddenly the forelegs of my horse sank into the ground up to the knees, and I fell down from it. Then I rebuked it and it got up but could hardly take out its forelegs from the ground, and when it stood up straight again, its fore-legs caused dust to rise up in the sky like smoke. Then again I drew lots with the divining arrows, and the lot which I disliked, came out. So I called upon them to feel secure. They stopped, and I remounted my horse and went to them. When I saw how I had been hampered from harming them, it came to my mind that the cause of Allah's Apostle (i.e. Islam) will become victorious. So I said to him, "Your people have assigned a reward equal to the bloodmoney for your head." Then I told them all the plans the people of Mecca had made concerning them. Then I offered them some journey food and goods but they refused to take anything and did not ask for ...

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of ...

Ibn `Umar used to give the Zakat of Ramadan (Zakat-al-Fitr) according to the Mudd of the Prophet, the first Mudd, and he also used to give things for expiation for oaths according to the Mudd of the Prophet. Abu Qutaiba said, "Malik said to us, 'Our Mudd (i.e., of Medina) is better than yours and we do not see any superiority except in the Mudd of the Prophet!' Malik further said, to me, 'If a ruler came to you and fixed a Mudd smaller than the one of the Prophet, by what Mudd would you measure what you give (for expiation or Zakat-al-Fitr?' I replied, 'We would give it according to the Mudd of the Prophet' On that, Malik said, 'Then, don't you see that we have to revert to the Mudd of the Prophet ultimately?'"

Anas bin Malik Al-Ansari, told me, "Abu Bakr used to lead the people in prayer during the fatal illness of the Prophet till it was Monday. When the people aligned (in rows) for the prayer the Prophet lifted the curtain of his house and started looking at us and was standing at that time. His face was (glittering) like a page of the Qur'an and he smiled cheerfully. We were about to be put to trial for the pleasure of seeing the Prophet, Abu Bakr retreated to join the row as he thought that the Prophet would lead the prayer. The Prophet beckoned us to complete the prayer and he let the curtain fall. On the same day he died."

Some people asked the Prophet: "Who is the most honorable amongst the people?" He replied, "The most honorable among them is the one who is the most Allah-fearing." They said, "O Allah's Prophet! We do not ask about this." He said, "Then the most honorable person is Joseph, Allah's Prophet, the son of Allah's Prophet, the son of Allah's Prophet, the son of Allah's Khalil." They said, "We do not ask about this." He said, "Then you want to ask me about the Arabs' descent?" They said, "Yes." He said, "Those who were best in the pre-lslamic period, are the best in Islam, if they comprehend (the religious knowledge).

Allah's Apostle arrived at Medina with Abu Bakr, riding behind him on the same camel. Abu Bakr was an elderly man known to the people, while Allah's Apostle was a youth that was unknown. Thus, if a man met Abu Bakr, he would say, "O Abu Bakr! Who is this man in front of you?" Abu Bakr would say, "This man shows me the Way," One would think that Abu Bakr meant the road, while in fact, Abu Bakr meant the way of virtue and good. Then Abu Bakr looked behind and saw a horse-rider pursuing them. He said, "O Allah's Apostle! This is a horse-rider pursuing us." The Prophet looked behind and said, "O Allah! Cause him to fall down." So the horse threw him down and got up neighing. After that the rider, Suraqa said, "O Allah's Prophet! Order me whatever you want." The Prophet said, "Stay where you are and do not allow anybody to reach us." So, in the first part of the day Suraqa was an enemy of Allah's Prophet and in the last part of it, he was a protector. Then Allah's Apostle alighted by the side of the Al-Harra and sent a message to the Ansar, and they came to Allah's Prophet and Abu Bakr, and having greeted them, they said, "Ride (your she-camels) safe and obeyed." Allah's Apostle and Abu Bakr rode and the Ansar, carrying their arms, surrounded them. The news that Allah's Prophet had come circulated in Medina. The people came out and were eagerly looking and saying "Allah's Prophet has come! Allah's Prophet has come! So the Prophet went on till he alighted near the house of Abu Ayub. While the Prophet was speaking with the family members of Abu Ayub, `Abdullah bin Salam heard the news of his arrival while he himself was picking the dates for his family from his family garden. He hurried to the Prophet carrying the dates which he had collected for his family from the garden. He listened to Allah's Prophet and then went home. Then Allah's Prophet said, "Which is the nearest of the houses of our kith and kin?" Abu Ayub replied, "Mine, O Allah's Prophet! This is my house and this is my gate." The Prophet said, "Go and prepare a place for our midday rest." Abu Ayub said, "Get up (both of you) with Allah's Blessings." So when Allah's Prophet went into the house, `Abdullah bin Salam came and said "I testify that you (i.e. Muhammad) are Apostle of Allah and that you have come with the Truth. The Jews know well that I am their chief and the son of their chief and the most learned amongst them and the son of the most ...

The Prophet (saws) bought a horse from a Bedouin. The Prophet (saws) took him with him to pay him the price of his horse. The Messenger of Allah (saws) walked quickly and the Bedouin walked slowly. The people stopped the Bedouin and began to bargain with him for the horse as and they did not know that the Prophet (saws) had bought it.

The Bedouin called the Messenger of Allah (saws) saying: If you want this horse, (then buy it), otherwise I shall sell it. The Prophet (saws) stopped when he heard the call of the Bedouin, and said: Have I not bought it from you? The Bedouin said: I swear by Allah, I have not sold it to you. The Prophet (saws) said: Yes, I have bought it from you. The Bedouin began to say: Bring a witness. Khuzaymah ibn Thabit then said: I bear witness that you have bought it. The Prophet (saws) turned to Khuzaymah and said: On what (grounds) do you bear witness?

He said: By considering you trustworthy, Messenger of Allah (saws)! The Prophet (saws) made the witness of Khuzaymah equivalent to the witness of two people.

The Prophet once came out to us and said, "Some nations were displayed before me. A prophet would pass in front of me with one man, and another with two men, and another with a group of people. and another with nobody with him. Then I saw a great crowd covering the horizon and I wished that they were my followers, but it was said to me, 'This is Moses and his followers.' Then it was said to me, 'Look'' I looked and saw a big gathering with a large number of people covering the horizon. It was said, "Look this way and that way.' So I saw a big crowd covering the horizon. Then it was said to me, "These are your followers, and among them there are 70,000 who will enter Paradise without (being asked about their) accounts. " Then the people dispersed and the Prophet did not tell who those 70,000 were. So the companions of the Prophet started talking about that and some of them said, "As regards us, we were born in the era of heathenism, but then we believed in Allah and His Apostle . We think however, that these (70,000) are our offspring." That talk reached the Prophet who said, "These (70,000) are the people who do not draw an evil omen from (birds) and do not get treated by branding themselves and do not treat with Ruqya, but put their trust (only) in their Lord." then 'Ukasha bin Muhsin got up and said, "O Allah's Apostle! Am I one of those (70,000)?" The Prophet said, "Yes." Then another person got up and said, "Am I one of them?" The Prophet said, " 'Ukasha has anticipated you."

The Prophet went out to one of the gardens of Medina for some business and I went out to follow him. When he entered the garden, I sat at its gate and said to myself, "To day I will be the gatekeeper of the Prophet though he has not ordered me." The Prophet went and finished his need and went to sit on the constructed edge of the well and uncovered his legs and hung them in the well. In the meantime Abu Bakr came and asked permission to enter. I said (to him), "Wait till I get you permission." Abu Bakr waited outside and I went to the Prophet and said, "O Allah's Prophet! Abu Bakr asks your permission to enter." He said, "Admit him, and give him the glad tidings of entering Paradise." So Abu Bakr entered and sat on the right side of the Prophet and uncovered his legs and hung them in the well. Then `Umar came and I said (to him), "Wait till I get you permission." The Prophet said, "Admit him and give him the glad tidings of entering Paradise." So `Umar entered and sat on the left side of the Prophet and uncovered his legs and hung them in the well so that one side of the well became fully occupied and there remained no place for any-one to sit. Then `Uthman came and I said (to him), "Wait till I get permission for you." The Prophet said, "Admit him and give him the glad tidings of entering Paradise with a calamity which will befall him." When he entered, he could not find any place to sit with them so he went to the other edge of the well opposite them and uncovered his legs and hung them in the well. I wished that a brother of mine would come, so I invoked Allah for his coming. (Ibn Al-Musaiyab said, "I interpreted that (narration) as indicating their graves. The first three are together and the grave of `Uthman is separate from theirs.")

(the wife of the Prophet) Safiya bin Huyai, the wife of the Prophet menstruated during Hajjat-ul- Wada` The Prophet said, "Is she going to detain us?" I said to him, "She has already come to Mecca and performed the Tawaf (ul-ifada) around the Ka`ba, O Allah's Apostle." The Prophet said, " Let her then proceed on (to Medina).

Anas said, 'When Allah's Apostle invaded Khaibar, we offered the Fajr prayer there (early in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, 'Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.' He repeated this thrice. The people came out for their jobs and some of them said, 'Muhammad (has come).' (Some of our companions added, "With his army.") We conquered Khaibar, took the captives, and the booty was collected. Dihya came and said, 'O Allah's Prophet! Give me a slave girl from the captives.' The Prophet said, 'Go and take any slave girl.' He took Safiya bint Huyai. A man came to the Prophet and said, 'O Allah's Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraidha and An-Nadir and she befits none but you.' So the Prophet said, 'Bring him along with her.' So Dihya came with her and when the Prophet saw her, he said to Dihya, 'Take any slave girl other than her from the captives.' Anas added: The Prophet then manumitted her and married her." Thabit asked Anas, "O Abu Hamza! What did the Prophet pay her (as Mahr)?" He said, "Her self was her Mahr for he manumitted her and then married her." Anas added, "While on the way, Um Sulaim dressed her for marriage (ceremony) and at night she sent her as a bride to the Prophet . So the Prophet was a bridegroom and he said, 'Whoever has anything (food) should bring it.' He spread out a leather sheet (for the food) and some brought dates and others cooking butter. (I think he (Anas) mentioned As-Sawaq). So they prepared a dish of Hais (a kind of meal). And that was Walima (the marriage banquet) of Allah's Apostle ."

The Prophet said, "The people were displayed in front of me and I saw one prophet passing by with a large group of his followers, and another prophet passing by with only a small group of people, and another prophet passing by with only ten (persons), and another prophet passing by with only five (persons), and another prophet passed by alone. And then I looked and saw a large multitude of people, so I asked Gabriel, "Are these people my followers?' He said, 'No, but look towards the horizon.' I looked and saw a very large multitude of people. Gabriel said. 'Those are your followers, and those are seventy thousand (persons) in front of them who will neither have any reckoning of their accounts nor will receive any punishment.' I asked, 'Why?' He said, 'For they used not to treat themselves with branding (cauterization) nor with Ruqya (get oneself treated by the recitation of some Verses of the Qur'an) and not to see evil omen in things, and they used to put their trust (only) in their Lord." On hearing that, 'Ukasha bin Mihsan got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, "O Allah, make him one of them." Then another man got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, 'Ukasha has preceded you."

The Prophet said, "The Israelis used to be ruled and guided by prophets: Whenever a prophet died, another would take over his place. There will be no prophet after me, but there will be Caliphs who will increase in number." The people asked, "O Allah's Apostle! What do you order us (to do)?" He said, "Obey the one who will be given the pledge of allegiance first. Fulfil their (i.e. the Caliphs) rights, for Allah will ask them about (any shortcoming) in ruling those Allah has put under their guardianship."

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`

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 ...

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, ...

The Prophet said to me, "I will give you so much (the Prophet pointed thrice with his hands) when funds of Bahrain will come to me." But the Prophet died before the money reached him. (When it came) Abu Bakr ordered an announcer to announce that whoever had a money claim on the Prophet or was promised to be given something, should come to Abu Bakr. I went to Abu Bakr and told him that the Prophet had promised to give me so much. On that Abu Bakr gave me three handfuls (of money).

Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (saws) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (saws) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (saws) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."

Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (saws) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (saws) made it a single divorce.

I was with the Messenger of Allah (saws) while Maymunah was with him. Then Ibn Umm Maktum came. This happened when we were ordered to observe veil (purdah). The Prophet (saws) said: Observe veil from him. We asked: Messenger of Allah! is he not blind? He can neither see us nor recognise us. The Prophet (saws) said: Are both of you blind? Do you not see him? AbuDawud said: This was peculiar to the wives of the Prophet (saws). Do you not see that Fatimah daughter of Qays passed her waiting period with Ibn Umm Maktum. The Prophet (saws) said to Fatimah daughter of Qays: Pass your waiting period with Ibn Umm Maktum, for he is a blind man. You can put off your clothes with him.

that the Prophet said, "For every prophet there is an invocation that surely will be responded by Allah," (or said), "For every prophet there was an invocation with which he appealed to Allah, and his invocation was accepted (in his lifetime), but I kept my (this special) invocation to intercede for my followers on the Day of Resurrection."

that a man asked him. "O Abu '`Umara! Did you flee on the day (of the battle) of Hunain?" He replied, "No, by Allah, the Prophet did not flee but the hasty people fled and the people of the Tribe of Hawazin attacked them with arrows, while the Prophet was riding his white mule and Abu Sufyan bin Al-Harith was holding its reins, and the Prophet was saying, 'I am the Prophet in truth, I am the son of `Abdul Muttalib.' "

While I was at home, the sun rose high and it got hot. Suddenly the messenger of `Umar bin Al- Khattab came to me and said, "The chief of the believers has sent for you." So, I went along with him till I entered the place where `Umar was sitting on a bedstead made of date-palm leaves and covered with no mattress, and he was leaning over a leather pillow. I greeted him and sat down. He said, "O Mali! Some persons of your people who have families came to me and I have ordered that a gift should be given to them, so take it and distribute it among them." I said, "O chief of the believers! I wish that you order someone else to do it." He said, "O man! Take it." While I was sitting there with him, his doorman Yarfa' came saying, "`Uthman, `Abdur-Rahman bin `Auf, Az-Zubair and Sa`d bin Abi Waqqas are asking your permission (to see you); may I admit them?" `Umar said, "Yes", So they were admitted and they came in, greeted him, and sat down. After a while Yarfa' came again and said, "May I admit `Ali and `Abbas?" `Umar said, "yes." So, they were admitted and they came in and greeted (him) and sat down. Then `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali)." They had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai. The group (i.e. `Uthman and his companions) said, "O chief of the believers! Judge between them and relieve both of them front each other." `Umar said, "Be patient! I beseech you by Allah by Whose Permission the Heaven and the Earth exist, do you know that Allah's Apostle said, 'Our (i.e. prophets') property will not be inherited, and whatever we leave, is Sadaqa (to be used for charity),' and Allah's Apostle meant himself (by saying "we'')?" The group said, "He said so." `Umar then turned to `Ali and `Abbas and said, "I beseech you by Allah, do you know that Allah's Apostle said so?" They replied, " He said so." `Umar then said, "So, I will talk to you about this matter. Allah bestowed on His Apostle with a special favor of something of this Fai (booty) which he gave to nobody else." `Umar then recited the Holy Verses: "What Allah bestowed as (Fai) Booty on his Apostle (Muhammad) from them --- for this you made no expedition with either cavalry or camelry: But Allah gives power to His Apostles over whomever He will 'And Allah is able to do all things." 9:6) `Umar added "So this property was especially given to Allah's Apostle, ...

(This is Ma'mar's version which is more accurate.) A man and a woman of the Jews committed fornication.

Some of them said to the others: Let us go to this Prophet, for he has been sent with an easy law. If he gives a judgment lighter than stoning, we shall accept it, and argue about it with Allah, saying: It is a judgment of one of your prophets. So they came to the Prophet (saws) who was sitting in the mosque among his companions.

They said: AbulQasim, what do you think about a man and a woman who committed fornication? He did not speak to them a word till he went to their school.

He stood at the gate and said: I adjure you by Allah Who revealed the Torah to Moses, what (punishment) do you find in the Torah for a person who commits fornication, if he is married?

They said: He shall be blackened with charcoal, taken round a donkey among the people, and flogged. A young man among them kept silent.

When the Prophet (saws) emphatically adjured him, he said: By Allah, since you have adjured us (we inform you that) we find stoning in the Torah (is the punishment for fornication).

The Prophet (saws) said: So when did you lessen the severity of Allah's command? He said:

A relative of one of our kings had committed fornication, but his stoning was suspended. Then a man of a family of common people committed fornication. He was to have been stoned, but his people intervened and said: Our man shall not be stoned until you bring your man and stone him. So they made a compromise on this punishment between them.

The Prophet (saws) said: So I decide in accordance with what the Torah says. He then commanded regarding them and they were stoned to death.

Az-Zuhri said: We have been informed that this verse was revealed about them: "It was We Who revealed the Law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the Prophet who bowed (as in Islam) to Allah's will.