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 ...

The Messenger of Allah (saws) appointed him commander over a detachment. He said: I went out along with it. He (the Prophet) said: If you find so-and-so, burn him with the fire. I then turned away, and he called me. So I returned to him, and he said: If you find so-and-so, kill him, and do not burn him, for no one punishes with fire except the Lord of the fire.

The Messenger of Allah (saws) commanded him to equip an army, but the camels were insufficient. So he commanded him to keep back the young camels of sadaqah, and he was taking a camel to be replaced by two when the camels of sadaqah came.

Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free.

Malik said, "The generally agreed- on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches puberty, until he manages his property."

Whenever the Prophet was given an option between two things, he used to select the easier of the tow as long as it was not sinful; but if it was sinful, he would remain far from it. By Allah, he never took revenge for himself concerning any matter that was presented to him, but when Allah's Limits were transgressed, he would take revenge for Allah's Sake.

Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, left for Makka in Ramadan during the year of the conquest, and fasted until he reached al-Kadid. He then broke the fast, and so everyone else did so as well. What people used to do was act according to whatever the Messenger of Allah, may Allah bless him and grant him peace, had done most recently.

While the people were offering the Fajr prayer at Quba' (near Medina), someone came to them and said: "It has been revealed to Allah's Apostle tonight, and he has been ordered to pray facing the Ka`ba." So turn your faces to the Ka`ba. Those people were facing Sham (Jerusalem) so they turned their faces towards Ka`ba (at Mecca).

Ibn `Umar said, "While the Prophet was on the pulpit, a man asked him how to offer the night prayers. He replied, 'Pray two rak`at at a time and then two and then two and so on, and if you are afraid of the dawn (the approach of the time of the Fajr prayer) pray one rak`a and that will be the witr for all the rak`at which you have offered." Ibn `Umar said, "The last rak`at of the night prayer should be odd, for the Prophet ordered it to be so.

The Prophet ordered me to supervise the (slaughtering) of Budn (Hadi camel) and to distribute their meat, skins and covering sheets in charity and not to give anything (of their bodies) to the butcher as wages for slaughtering.

(The tribe of) Quraish used to fast on the day of Ashura' in the Pre-Islamic period, and then Allah's Apostle ordered (Muslims) to fast on it till the fasting in the month of Ramadan was prescribed; whereupon the Prophet said, "He who wants to fast (on 'Ashura') may fast, and he who does not want to fast may not fast."

Bahiyyah said: I heard a woman asking Aisha about the woman whose menses became abnormal and she had an issue of blood. The Messenger of Allah (saws) asked me to advise her that she should consider the period during which she used to menstruate every month, when her menstruation was normal. Then she should count the days equal to the length of time (of her normal menses); then she should abandon prayer during those days or equal to that period. She should then take a bath, tie a cloth on her private parts a pray.

I did not feel jealous of any of the wives of the Prophet as much as I did of Khadija (although) she died before he married me, for I often heard him mentioning her, and Allah had told him to give her the good tidings that she would have a palace of Qasab (i.e. pipes of precious stones and pearls in Paradise), and whenever he slaughtered a sheep, he would send her women-friends a good share of it.

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

We complained to Allah's Apostle (about our state) while he was leaning against his sheet cloak in the shade of the Ka`ba. We said, "Will you ask Allah to help us? Will you invoke Allah for us?" He said, "Among those who were before you a (believer) used to be seized and, a pit used to be dug for him and then he used to be placed in it. Then a saw used to be brought and put on his head which would be split into two halves. His flesh might be combed with iron combs and removed from his bones, yet, all that did not cause him to revert from his religion. By Allah! This religion (Islam) will be completed (and triumph) till a rider (traveler) goes from San`a' (the capital of Yemen) to Hadramout fearing nobody except Allah and the wolf lest it should trouble his sheep, but you are impatient." (See Hadith No. 191, Vol. 5)

Fatima the daughter of the Prophet sent someone to Abu Bakr (when he was a caliph), asking for her inheritance of what Allah's Apostle had left of the property bestowed on him by Allah from the Fai (i.e. booty gained without fighting) in Medina, and Fadak, and what remained of the Khumus of the Khaibar booty. On that, Abu Bakr said, "Allah's Apostle said, "Our property is not inherited. Whatever we leave, is Sadaqa, but the family of (the Prophet) Muhammad can eat of this property.' By Allah, I will not make any change in the state of the Sadaqa of Allah's Apostle and will leave it as it was during the lifetime of Allah's Apostle, and will dispose of it as Allah's Apostle used to do." So Abu Bakr refused to give anything of that to Fatima. So she became angry with Abu Bakr and kept away from him, and did not task to him till she died. She remained alive for six months after the death of the Prophet. When she died, her husband `Ali, buried her at night without informing Abu Bakr and he said the funeral prayer by himself. When Fatima was alive, the people used to respect `Ali much, but after her death, `Ali noticed a change in the people's attitude towards him. So `Ali sought reconciliation with Abu Bakr and gave him an oath of allegiance. `Ali had not given the oath of allegiance during those months (i.e. the period between the Prophet's death and Fatima's death). `Ali sent someone to Abu Bakr saying, "Come to us, but let nobody come with you," as he disliked that `Umar should come, `Umar said (to Abu Bakr), "No, by Allah, you shall not enter upon them alone " Abu Bakr said, "What do you think they will do to me? By Allah, I will go to them' So Abu Bakr entered upon them, and then `Ali uttered Tashah-hud and said (to Abu Bakr), "We know well your superiority and what Allah has given you, and we are not jealous of the good what Allah has bestowed upon you, but you did not consult us in the question of the rule and we thought that we have got a right in it because of our near relationship to Allah's Apostle ." Thereupon Abu Bakr's eyes flowed with tears. And when Abu Bakr spoke, he said, "By Him in Whose Hand my soul is to keep good relations with the relatives of Allah's Apostle is dearer to me than to keep good relations with my own relatives. But as for the trouble which arose between me and you about his property, I will do my best to spend it according to what is good, and will not leave any rule or regulation ...

When Sahl bin Hunaif returned from (the battle of) Siffin, we went to ask him (as to why he had come back). He replied, "(You should not consider me a coward) but blame your opinions. I saw myself on the day of Abu Jandal (inclined to fight), and if I had the power of refusing the order of Allah's Apostle then, I would have refused it (and fought the infidels bravely). Allah and His Apostle know (what is convenient) better. Whenever we put our swords on our shoulders for any matter that terrified us, our swords led us to an easy agreeable solution before the present situation (of disagreement and dispute between the Muslims). When we mend the breach in one side, it opened in another, and we do not know what to do about it."

A man who had drunk wine was brought before the Prophet (saws) when he was in Hunayn. He threw some dust on his face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands. He then said to them: Leave him, and they left him. The Messenger of Allah (saws) then died, and AbuBakr gave forty lashes for drinking wine, and then Umar in the beginning of his Caliphate inflicted forty stripes and at the end of his Caliphate he inflicted eighty stripes. Uthman (after him) inflicted both punishments, eighty and forty stripes, and finally Mu'awiyah established eighty stripes.

Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."

That she borrowed a necklace from Asma' and then it got lost. So Allah's Apostle sent some people from his companions in search of it. In the meantime the stated time for the prayer became due and they offered their prayer without ablution. When they came to the Prophet, they complained about it to him, so the Verse regarding Tayammum was revealed . Usaid bin Hudair said, "(O `Aisha!) may Allah bless you with a good reward, for by Allah, never did a difficulty happen in connection with you, but Allah made an escape from it for you, and brought Allah's Blessings for the Muslims."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Abu Musa al-Ashari came to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and said to her, "The disagreement of the companions in a matter which I hate to bring before you has distressed me." She said, "What is that? You did not ask your mother about it, so ask me." He said, "A man penetrates his wife, but becomes listless and does not ejaculate. "She said, "When the circumcised part passes the circumcised part ghusl is obligatory." Abu Musa added, "I shall never ask anyone about this after you."

The Prophet , while in a tent (on the day of the battle of Badr) said, "O Allah! I ask you the fulfillment of Your Covenant and Promise. O Allah! If You wish (to destroy the believers) You will never be worshipped after today." Abu Bakr caught him by the hand and said, "This is sufficient, O Allah's Apostle! You have asked Allah pressingly." The Prophet was clad in his armor at that time. He went out, saying to me: "There multitude will be put to flight and they will show their backs. Nay, but the Hour is their appointed time (for their full recompense) and that Hour will be more grievous and more bitter (than their worldly failure)." (54.45-46) Khalid said that was on the day of the battle of Badr.

That she borrowed a necklace from Asma' and it was lost. Allah's Apostle sent some of his companions to look for it. During their journey the time of prayer was due and they prayed without ablution. When they returned to the Prophet they complained about it. So the Divine Verse of Tayammum was revealed. Usaid bin Hudair said (to `Aisha), "May Allah reward you handsomely. By Allah, whenever you have a difficulty, Allah took you out of it and brought with it, a Blessing for the Muslims."

Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.

Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "

Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.

Malik said, "Three is the most preferable to me of what I have heard on that."

Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."

Abu Huraira said, "During that Hajj (in which Abu Bakr was the chief of the pilgrims) Abu Bakr sent me along with announcers on the Day of Nahr ( 10th of Dhul-Hijja) in Mina to announce: "No pagans shall perform, Hajj after this year, and none shall perform the Tawaf around the Ka`ba in a naked state." Humaid bin `Abdur Rahman added: Then Allah's Apostle sent `Ali bin Abi Talib (after Abu Bakr) and ordered him to recite aloud in public Surat Bara'a. Abu Huraira added, "So `Ali, along with us, recited Bara'a (loudly) before the people at Mina on the Day of Nahr and announced; "No pagan shall perform Hajj after this year and none shall perform the Tawaf around the Ka`ba in a naked state."

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

When `Abdullah bin `Umar set out for Mecca with the intentions performing `Umra in the period of afflictions, he said, "If I should be prevented from reaching the Ka`ba, then I would do the same as we did while in the company of Allah's Apostle ." So, he assumed the Ihram for `Umra since the Prophet had assumed the Ihram for `Umra in the year of Al-Hudaibiya. Then `Abdullah bin `Umar thought about it and said, "The conditions for both Hajj and `Umra are similar." He then turned towards his companions and said, "The conditions of both Hajj and `Umra are similar and I make you witnesses that I have made the performance of Hajj obligatory for myself along with `Umra." He then performed one Tawaf (between As-Safa and Al-Marwa) for both of them (i.e. Hajj and (`Umra) and considered that to be sufficient for him and offered a Hadi.

When it was the day of Uhud, the pagans were defeated. Then Satan, Allah's Curse be upon him, cried loudly, "O Allah's Worshippers, beware of what is behind!" On that, the front files of the (Muslim) forces turned their backs and started fighting with the back files. Hudhaifa looked, and on seeing his father Al-Yaman, he shouted, "O Allah's Worshippers, my father, my father!" But by Allah, they did not stop till they killed him. Hudhaifa said, "May Allah forgive you." (The sub-narrator, `Urwa, said, "By Allah, Hudhaifa continued asking Allah's Forgiveness for the killers of his father till he departed to Allah (i.e. died).")

Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off.

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

Abu Musa and Abii Mas`ud went to `Ammar when `Ali had sent him to Kufa to exhort them to fight (on `Ali's side). They said to him, "Since you have become a Muslim, we have never seen you doing a deed more criticizable to us than your haste in this matter." `Ammar said, "Since you (both) became Muslims, I have never seen you doing a deed more criticizable to me than your keeping away from this matter." Then Abu Mas`ud provided `Ammar and Abu Musa with two-piece outfits to wear, and one of them went to the mosque (of Kufa).

When the Prophet came to Medina, he found (the Jews) fasting on the day of 'Ashura' (i.e. 10th of Muharram). They used to say: "This is a great day on which Allah saved Moses and drowned the folk of Pharaoh. Moses observed the fast on this day, as a sign of gratitude to Allah." The Prophet said, "I am closer to Moses than they." So, he observed the fast (on that day) and ordered the Muslims to fast on it.

I did not feel jealous of any woman as much as I did of Khadija because Allah's Apostle used to mention her very often. He married me after three years of her death, and his Lord (or Gabriel) ordered him to give her the good news of having a palace of Qasab in Paradise.

Allah's Apostle said, "By Him in Whose Hands my life is, I was about to order for collecting fire wood and then order someone to pronounce the Adhan for the prayer and then order someone to lead the people in prayer and then I would go from behind and burn the houses of men who did not present themselves for the (compulsory congregational) prayer. By Him in Whose Hands my life is, if anyone of you had known that he would receive a bone covered with meat or two (small) pieces of meat present in between two ribs, he would come for `Isha' prayer." (See Hadith No. 617, Vol. 1)

I asked Abu Wail, "Did you witness the battle of Siffin between `Ali and Muawiya?" He said, "Yes," and added, "Then I heard Sahl bin Hunaif saying, 'O people! Blame your personal opinions in your religion. No doubt, I remember myself on the day of Abi Jandal; if I had the power to refuse the order of Allah's Apostle, I would have refused it. We have never put our swords on our shoulders to get involved in a situation that might have been horrible for us, but those swords brought us to victory and peace, except this present situation.' " Abu Wail said, "I witnessed the battle of Siffin, and how nasty Siffin was!"

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over ...

The Prophet stayed for three days at a place between Khaibar and Medina, and there he consummated his marriage with Safiyya bint Huyay. I invited the Muslims to a banquet which included neither meat nor bread. The Prophet ordered for the leather dining sheets to be spread, and then dates, dried yogurt and butter were provided over it, and that was the Walima (banquet) of the Prophet. The Muslims asked whether Safiyya would be considered as his wife or as a slave girl of what his right hands possessed. Then they said, "If the Prophet screens her from the people, then she Is the Prophet's wife but if he does not screen her, then she is a slave girl." So when the Prophet proceeded, he made a place for her (on the camel) behind him and screened her from people.

We entered upon 'Ubada bin As-Samit while he was sick. We said, "May Allah make you healthy. Will you tell us a Hadith you heard from the Prophet and by which Allah may make you benefit?" He said, "The Prophet called us and we gave him the Pledge of allegiance for Islam, and among the conditions on which he took the Pledge from us, was that we were to listen and obey (the orders) both at the time when we were active and at the time when we were tired, and at our difficult time and at our ease and to be obedient to the ruler and give him his right even if he did not give us our right, and not to fight against him unless we noticed him having open Kufr (disbelief) for which we would have a proof with us from Allah."

I asked Jabir bin `Abdullah about praying in a single garment. He said, "I traveled with the Prophet during some of his journeys, and I came to him at night for some purpose and I found him praying. At that time, I was wearing a single garment with which I covered my shoulders and prayed by his side. When he finished the prayer, he asked, 'O Jabir! What has brought you here?' I told him what I wanted. When I finished, he asked, 'O Jabir! What is this garment which I have seen and with which you covered your shoulders?' I replied, 'It is a (tight) garment.' He said, 'If the garment is large enough, wrap it round the body (covering the shoulders) and if it is tight (too short) then use it as an Izar (tie it around your waist only.)' "