Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.

Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

`Aisha the wife of the Prophet said, "I used to sleep in front o Allah's Apostle and my legs were opposite his Qibla and in prostration he pushed my legs and I withdrew then and when he stood, I stretched them.' `Aisha added, "In those days the houses were without lights."

Sulayman, the freed slave of Maymunah, said: I came to Ibn Umar at Bilat (a place in Medina) while the people were praying. I said: Do you not pray along with them? He said: I heard the Messenger of Allah (saws) say: Do not say a prayer twice in a day.

'Umar b. al-Khattab (ra) addressed us and said: I did not send my collectors (of zakat) so that they strike your bodies and that they take your property. If that is done with someone and he appeals to me, I shall take retaliation on him. Amr ibn al-'As said: If any man (i.e. governor) inflicts disciplinary punishment on his subjects, would you take retaliation on him too? He said: Yes, by Him in Whose hand my soul is, I shall take retaliation on him. I saw that the Messenger of Allah (saws) has given retaliation on himself.

Yahya related to me from Zayd ibn Aslam that his father said that he had heard Umar ibn al-Khattab say, "I once gave a noble horse to carry somebody in the way of Allah, and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, 'Do not buy it, even if he gives it to you for one dirham, for someone who takes back his sadaqa is like a dog swallowing its own vomit.' "

A man came to `Umar bin Al-Khattab and said, "I became Junub but no water was available." `Ammar bin Yasir said to `Umar, "Do you remember that you and I (became Junub while both of us) were together on a journey and you didn't pray but I rolled myself on the ground and prayed? I informed the Prophet about it and he said, 'It would have been sufficient for you to do like this.' The Prophet then stroked lightly the earth with his hands and then blew off the dust and passed his hands over his face and hands."

The Prophet said to me, "I have been informed that you pray all the nights and observe fast all the days; is this true?" I replied, "Yes." He said, "If you do so, your eyes will become weak and you will get bored. So fast three days a month, for this will be the fasting of a whole year, or equal to the fasting of a whole year." I said, "I find myself able to fast more." He said, "Then fast like the fasting of (the Prophet) David who used to fast on alternate days and would not flee on facing the enemy."

The Messenger of Allah(may peace be upon him) as saying: "If one who passes in front of a man who is praying knew the responsibility he incurs, he would prefer to stand still for forty. . . rather than pass in front of him. Abu al-Nadr said: I do not know whether he said forty days, or months, or years."

Abu Dawud: Sufyan al-Thawri said: If a man passes proudly in front of me while I am praying, I shall stop him, and if a weak man passes, I shall not stop him.

Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (saws) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.

I saw seventy of As-Suffa men and none of them had a Rida' (a garment covering the upper part of the body). They had either Izars (only) or sheets which they tied round their necks. Some of these sheets reached the middle of their legs and some reached their heels and they used to gather them with their hands lest their private parts should become naked.

Abu Dawud said: So as far as I know, no one narrated the words “he raised them lower that that” except Malik.

When the news of the martyrdom of Zaid bin Haritha, Ja`far and `Abdullah bin Rawaha came, the Prophet sat down looking sad, and I was looking through the chink of the door. A man came and said, "O Allah's Apostle! The women of Ja`far," and then he mentioned their crying . The Prophet (p.b.u.h) ordered him to stop them from crying. The man went and came back and said, "I tried to stop them but they disobeyed." The Prophet (p.b.u.h) ordered him for the second time to forbid them. He went again and came back and said, "They did not listen to me, (or "us": the sub-narrator Muhammad bin Haushab is in doubt as to which is right). " (`Aisha added: The Prophet said, "Put dust in their mouths." I said (to that man), "May Allah stick your nose in the dust (i.e. humiliate you)." By Allah, you could not (stop the women from crying) to fulfill the order, besides you did not relieve Allah's Apostle from fatigue."

This hadith has been transmitted on the authority of Zuhri.

I came to the Messenger of Allah (saws) when he was at Mina, or at Arafat. He was surrounded by the people. When the bedouins came and saw his face, they would say: This is a blessed face. He said: He (the Prophet) appointed Dhat Irq as the place of putting on ihram for the people of Iraq.

Muhammad ibn AbulMujahid reported Abdullah ibn AbuAwfa as saying: I asked: Did you set aside the fifth of the food in the time of the Messenger of Allah (saws)? He replied: On the day of Khaybar we captured food and a man would come and take as much food of it as needed and then go away.

Whenever Allah's Apostle became sick, he would recite Mu'awwidhat (Surat Al-Falaq and Surat An- Nas) and then blow his breath over his body. When he became seriously ill, I used to recite (these two Suras) and rub his hands over his body hoping for its blessings.

We used to visit Anas bin Malik while his baker was standing (and baking). Anas would say, "Eat! I do not know that the Prophet had ever seen well-baked bread till he met Allah, nor had he ever seen a roasted sheep with his own eyes."

Once the Prophet wrote a letter or had an idea of writing a letter. The Prophet was told that they (rulers) would not read letters unless they were sealed. So the Prophet got a silver ring made with "Muhammad Allah's Apostle" engraved on it. As if I were just observing its white glitter in the hand of the Prophet.

Maimuna said, "Allah's Apostle was praying while I was in my menses, sitting beside him and sometimes his clothes would touch me during his prostration." Maimuna added, "He prayed on a Khumra (a small mat sufficient just for the face and the hands while prostrating during prayers).

My mother called me one day when the Messenger of Allah (saws) was sitting in our house. She said: Come here and I shall give you something. The Messenger of Allah (saws) asked her: What did you intend to give him? She replied: I intended to give him some dates. The Messenger of Allah (saws) said: If you were not to give him anything, a lie would be recorded against you.

The Prophet delivered a sermon the like of which I had never heard before. He said, "If you but knew what I know then you would have laughed little and wept much." On hearing that, the companions of the Prophet covered their faces and the sound of their weeping was heard. A man said, "Who is my father?" The Prophet said, "So-and-so." So this Verse was revealed: "Ask not about things which, if made plain to you, may cause you trouble." (5.101)

I was a guest of Abu Huraira for seven days. Abu Huraira, his wife and his slave used to get up and remain awake for one-third of the night by turns. Each would offer the night prayer and then awaken the other. I heard Abu Huraira saying, "Allah's Apostle distributed dates among his companions and my share was seven dates, one of which was a Hashafa (a date which dried on the tree before it was fully ripe).

A Jew said to `Umar, "O Chief of the Believers, if this verse: 'This day I have perfected your religion for you, completed My favors upon you, and have chosen for you, Islam as your religion.' (5.3) had been revealed upon us, we would have taken that day as an `Id (festival) day." `Umar said, "I know definitely on what day this Verse was revealed; it was revealed on the day of `Arafat, on a Friday."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said, ''Rabia ibn Umayya made a temporary marriage with a woman and she is pregnant by him.'' Umar ibn al-Khattab went out in dismay dragging his cloak, saying, "This temporary marriage, had I come across it, I would have ordered stoning and done away with it! "

Once solar eclipse occurred during the lifetime of Allah's Apostle. He offered the eclipse prayer. His companions asked, "O Allah's Apostle! We saw you trying to take something while standing at your place and then we saw you retreating." The Prophet said, "I was shown Paradise and wanted to have a bunch of fruit from it. Had I taken it, you would have eaten from it as long as the world remains."

Some Jews said, "Had this Verse been revealed to us, we would have taken that day as `Id (festival)." `Umar said, "What Verse?" They said:-- "This day I have Perfected your religion for you, Completed My Favor upon you And have chosen for you Islam as your religion" (5.3) `Umar said, "I know the place where it was revealed; It was revealed while Allah's Apostle was staying at `Arafat."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

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 person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."