We went out with Allah's Apostle in the year of Al-Hudaibiya. One night it rained and Allah's Apostle led us in the Fajr prayer and (after finishing it), turned to us and said, "Do you know what your Lord has said?" We replied, "Allah and His Apostle know it better." He said, "Allah said:-- "(Some of) My slaves got up believing in Me, And (some of them) disbelieving in Me. The one who said: We have been given Rain through Allah's Mercy and Allah's Blessing and Allah's Bounty, then he is a believer in Me, and is a disbeliever in the star. And whoever said: We have been given rain because of such and- such star, then he is a believer in the star, and is a disbeliever in Me."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

When the Messenger of Allah (saws) went to his bed at night, he would say: in the name of Allah, I have laid down my side for Allah. O Allah! forgive me my sin, drive away my devil, free me from my responsibility, and place me in the highest assembly.

Abu Dawud said: Abu Hammam al-Ahwazi transmitted it from Thawr. He mentioned Abu Zuhair al-Anmari (instead of Abu al-Azhar).

The Prophet said, "Moses argued with Adam and said to him (Adam), 'You are the one who got the people out of Paradise by your sin, and thus made them miserable." Adam replied, 'O Moses! You are the one whom Allah selected for His Message and for His direct talk. Yet you blame me for a thing which Allah had ordained for me before He created me?." Allah's Apostle further said, "So Adam overcame Moses by this Argument."

I asked the Prophet (for some money) and he gave me, and then again I asked him and he gave me, and then again I asked him and he gave me and he then said, "This wealth is (like) green and sweet (fruit), and whoever takes it without greed, Allah will bless it for him, but whoever takes it with greed, Allah will not bless it for him, and he will be like the one who eats but is never satisfied. And the upper (giving) hand is better than the lower (taking) hand."

Allah's Apostle said to me, "You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, 'Uncover (her),' and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' Then you were shown to me, the angel carrying you in a silken piece of cloth, and I said (to him), 'Uncover (her), and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' "

I was standing in the mosque and somebody threw a gravel at me. I looked and found that he was `Umar bin Al-Khattab. He said to me, "Fetch those two men to me." When I did, he said to them, "Who are you? (Or) where do you come from?" They replied, "We are from Ta'if." `Umar said, "Were you from this city (Medina) I would have punished you for raising your voices in the mosque of Allah's Apostle."

Kabshah, daughter of Ka'b ibn Malik and wife of Ibn AbuQatadah, reported: AbuQatadah visited (me) and I poured out water for him for ablution. A cat came and drank some of it and he tilted the vessel for it until it drank some of it. Kabshah said: He saw me looking at him; he asked me: Are you surprised, my niece? I said: Yes. He then reported the Messenger of Allah (saws) as saying: It is not unclean; it is one of those (males or females) who go round among you.

Allah's Apostle distributed some cloaks but did not give anything thereof to Makhrama. Makhrama said (to me), "O son! accompany me to Allah's Apostle." When I went with him, he said, "Call him to me." I called him (i.e. the Prophet ) for my father. He came out wearing one of those cloaks and said, "We kept this (cloak) for you, (Makhrama)." Makhrama looked at the cloak and said, "Makhrama is pleased," (or the Prophet said), "Is Makhrama pleased?"

When Allah's Apostle came to Medina; he did not have any servant. Abu Talha (Anas' step-father) took me to Allah's Apostle and said, "O Allah's Apostle! Anas is a wise boy, so let him serve you." So, I served him at home and on journeys. If I did anything, he never asked me why I did it, and if I refrained from doing anything, he never asked me why I refrained from doing it.

Abu Dawud said: this has been narrated by Ayyub and Hajjaj al-Sawwaf from Yahya and Hisham al-Duatawa’i in a similar way, saying : Yahya wrote to me (in this way). And this has been narrated by Mu’awiyah b. Sallam and ‘Ali b. al-Mubarak from Yahya: “Until you see me and show tranquility”.

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

I brought my debtor to the Holy Prophet (saws). He said to me: Stick to him. He again said to me: O brother of Banu Tamim, what do you want to do with your prisoner.

Yahya related to me from Malik from a man who said, "Zayd ibn Thabit came across me while I was at al-Aswaf (on the outskirts of Madina). I had captured a hawk. He took it from my hands and set it free."

Allah's Apostle said, "Allah said, 'If My slaves loves the meeting with Me, I too love the meeting with him; and if he dislikes the meeting with Me, I too dislike the meeting with him.' " (See Hadith No. 514, Vol. 8)

Yahya related to me from Zayd ibn Aslam from his father that Umar ibn al-Khattab said, "I find it dropping from me like small beads. When you find that, wash your penis and do wudu as for prayer."

Yahya related to me from Malik from Hisham ibn Urwa from his father that a woman asked him for a decision, saying, "Waist-wrappers are painful to me. Can I pray in a shift and head-covering?" He replied, "Yes, if the shift is long."

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.

Yahya said that Malik said, "The generally agreed on way of doing things among us about an investor who pays qirad money to an agent to buy goods, and the agent then sells the goods for a price to be paid later, and has a profit in the transaction, then the agent dies before he has received payment, is that if his heirs want to take that money, they have their father's stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect it from the debtor and they refer him to the investor, they are not obliged to collect it and there is nothing against them and nothing for them by their surrendering it to the investor. If they do collect it, they have a share of it and expenses like their father had. They are in the position of their father. If they are not trustworthy to do so, they can bring someone reliable and trustworthy to collect the money. If he collects all the capital and all the profit, they are in the position of their father."

Malik spoke about an investor who paid qirad money to a man provided that he used it and was responsible for any delayed payment for which he sold it. He said, "This is obligatory on the agent. If he sells it for delayed payment, he is responsible for it."

Yahya said that he heard Malik say, "What is done in our community about someone who consumed an animal without the permission of its owner, is that he must pay its price on the day he consumed it. He is not obliged to replace it with a similar animal nor does he compensate the owner with any kind of animal. He must pay its price on the day it was consumed, and giving the value is more equitable in compensation for animals and goods."

Yahya said that he heard Malik say about someone who consumes some food without the permission of its owner, "He returns to the owner a like weight of the same kind of food. Food is in the position of gold and silver. Gold and silver are returned with gold and silver. The animal is not in the position of gold in that. What distinguishes between them is the sunna and the behaviour which is in force.

Yahya said that he heard Malik say, "If a man is entrusted with some wealth and then trades with it for himself and makes a profit, the profit is his because he is responsible for the property until he returns it to its owner. "

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud went to Khaibar and they dispersed in the gardens of the date-palm trees. `Abdullah bin Sahl was murdered. Then `Abdur-Rahman bin Sahl, Huwaiyisa and Muhaiyisa, the two sons of Mas`ud, came to the Prophet and spoke about the case of their (murdered) friend. `Abdur-Rahman who was the youngest of them all, started talking. The Prophet said, "Let the older (among you) speak first." So they spoke about the case of their (murdered) friend. The Prophet said, "Will fifty of you take an oath whereby you will have the right to receive the blood money of your murdered man," (or said, "..your companion"). They said, "O Allah's Apostle! The murder was a thing we did not witness." The Prophet said, "Then the Jews will release you from the oath, if fifty of them (the Jews) should take an oath to contradict your claim." They said, "O Allah's Apostle! They are disbelievers (and they will take a false oath)." Then Allah's Apostle himself paid the blood money to them.

Narrated Utbah ibn AbdusSulami:

I asked the Messenger of Allah (saws) to clothe me. He clothed me with two coarse clothes of linen.

Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, "You are haram for me," it counted as three pronouncements of divorce.

Malik said, "That is the best of what I have heard on the subject."

The Messenger of Allah (saws) taught me to say when the adhan for the sunset prayer was called; "O Allah, this is the time when Thy night comes on, Thy day retires, and the voices of Thy summoners are heard, so forgive me."

Thauban reported that Allah's Messenger (may peace be upon him) said. Verily, Allah drew the ends of the world near me until I saw its east and west, and He bestowed upon me two treasures, the red and the white. The rest of the hadith is the same.

Imran ibn Husayn was asked about a person who divorces his wife, and then has intercourse with her, but he does not call any witness to her divorce nor to her restoration. He said: You divorced against the sunnah and took her back against the sunnah. Call someone to bear witness to her divorce, and to her return in marriage, and do not repeat it.

A woman embraced Islam during the time of the Messenger of Allah (saws); she then married. Her (former) husband then came to the Prophet (saws) and said: Messenger of Allah, I have already embraced Islam, and she had the knowledge about my Islam. The Messenger of Allah (saws) took her away from her latter husband and restored her to her former husband.

The tradition (No 5045, about Tasbih Fatimah) has been transmitted by Ali to the same effect through a different chain of narrators.

This version adds: Ali said: I did not leave them (Tasbih Fatimah) since I heard them from the Messenger of Allah (saws) except on the night of Siffin, for I remembered them towards the end of the night and then I uttered them.

The Prophet (saws) said: If anyone cuts the lote-tree, Allah brings him headlong into Hell.

Abu Dawud was asked about the meaning of this tradition. He said: This is a brief tradition. It means that if anyone cuts uselessly, unjustly and without any right a lote-tree under the shade of which travellers and beasts take shelter, Allah will bring him into Hell headlong.