The Messenger of Allah (PBUH) said: "A man (from amongst the people before you) said: 'Indeed! I will give in charity.' So he took his Sadaqah out and placed it in a thief's hand. In the morning the people were talking (about this incident) and saying: 'Sadaqah was given to a thief last night.' The man said: 'O Allah! Praise be to You. I have given Sadaqah to a thief. Indeed, I will give in charity!' So he took his Sadaqah out and he placed it in a prostitute's hand. In the morning the people were talking (about this incident) and saying: 'Sadaqah was given to a prostitute last night.' On hearing this, the man said: 'Praise be to You, O Allah! I gave Sadaqah to a prostitute. Indeed, I will give in charity!' So he took his Sadaqah out and placed it in a rich man's hand. In the morning the people were talking (about this incident) and saying: 'Sadaqah was given to a rich man last night.' The man said: 'O Allah! Praise be to You (for helping me) give charity to a thief, a prostitute and a rich man.' Then he had a dream in which he was told that his Sadaqah to the thief might result in his refraining from his theft, his Sadaqah to the prostitute might help her abstain from her immorality, and his Sadaqah to the rich man might help him pay heed and spend from what Allah had bestowed upon him."

[Al- Bukhari].

The Messenger of Allah (may peace be upon him) said: Allah would gather people on the Day of Resurrection and they would be concerned about it, and Ibn Ubaid said. They would get a Divine inspiration about it, and would say: If we could seek intercession with our Lord, we may be relieved from this predicament of ours. He (the Holy Prophet) said: They would come to Adam andsay, Thou art Adam, the father of mankind. Allah created thee with His own hand and breathed unto thee of His Spirit and commanded the angels and they prostrated before thee. So intercede for us with thy Lords, that He may relieve us from this position of ours. He would say: I am not in a position to do this, and would recall his error, and would fight shy of his Lord on account of that; go to Noah the first messenger (after me) sent by Allah. He (the Holy Prophet) said: So they would come to Noah (peace be upon him). He would say: I am not in a position to do that for you, and recall his fault which he had committed, and would fight shy of his Lord on account of that, (and would say): You better go to Ibrahim (peace be upon him) whom Allah took for a friend. They would come to Ibrahim (peace be upon him) and he would say: I am not in a position to do that for you, and would recall his fault that he had committed and would, therefore, fight shy of his Lord on that account (and would say): You better go to Moses (peace be upon him) with whom Allah conversed and con- ferred Torah upon him. He (the Holy Prophet) said: So they would come to Moses (peace be upon him) He would say: I am not in a position to do that for you, and would recall his fault that he had committed and would fight shy of his Lord on account of that (and would say): You better go to Jesus, the Spirit of Allah and His word He would say: I am not in a position to do that for you; you better go to Muhammad (may peace be upon him), a servant whose former and later sins have been forgiven. He (the narrator) said: The Messenger or Allah (may peace be upon him) observed: So they would come to me and I would ask the permission of my Lord and it would be granted to me, and when I would see Him, I would fall down in prostration, and He (Allah) would leave me thus as long as He would wish, and then it would be said: O Muhammad, raise your head, say and you would be heard; ask and it would be granted; intercede and intercession would be accepted. Then I would raise my head and extrol my Lord with the praise which my Lord would teach me. I shall then inter- cede, but a limit would be set for me I would bring them out from the Fire and make them enter Paradise (according to the limit). I shall return then ard fall down in pros- tration and Allah would leave me (in that position) as long as He would wish to leave me it would be said: Rise, O Muhammad, say and you would be heard; ask and it would be conferred; intercede and intercession would be granted. I would raise my head and extrol my Lord with praise that He would teach me. I would theft intercede and a limit would be set for me. I would bring them out of the Fire (of Hell) and make them enter Paradise. He (the narrator) said: I do not remember whether he (the Holy Prophet) said at tLe third time or at the fourth time: O my Lord, none has been left in the Fire, but thise restrained by the Holy Qur'an, i e. those who were eternally doomed. Ibn Ubaid said in a narration: Qatada observed: whose everlasting stay was imperative".

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."

"There was a household among us called Banu Ubairiq, among whom was a Bishr, a Bushair, and a Mubashshir. Bushair was a hypocrite who would recite poetry reviling the Companions of the Prophet (SAW) then he would attribute it to some of the Arabs. Then he would say: 'So-and-so said this and that [So-and-so said this and that].' So when the Companions of the Prophet (SAW) would hear that poetry, they would say: 'By Allah! No one but this filthy person said this poetry - or as the man said - and they would say: 'Ibn Al-Ubairiq said it.'" He said: "They were a poor and needy household during Jahiliyyah and Islam. The only food the people of Al-Madinah had was dates and barely. When a man was able to, he would import flour from Ash-Sham which he bought and kept for himself. As for his dependants, their only food was dates and barely. So an import arrived from Ash-Sham, and my uncle Rifa'ah bin Zaid bought a load of it, which he put in a storage area he had, where he kept his weapons - his shield and his sword. But it was taken from him from under the house. The storage was broken into and and the food and weapons were taken. In the morning, my uncle Rifa'ah came to me and said: 'O my nephew! We were robbed during the night, our storage was broken into, and our food and weapons are gone.'" He said: "They overheard us in the house, and questioned us, and someone said to us, 'We saw Banu Ubairiq cooking during the night, and it looked like they had some of your food.'" He said: "Banu Ubairiq were saying - while we were questioning them amidst their dwellings - 'By Allah! We do not think the one you are looking for is other than Labid bin Sahl, a man among us who is righteous and accepted Islam.' When Labid heard that, he brandished his sword and said: 'I stole? By Allah! You either prove this theft, or I take to you with this sword.' They said: 'Leave us O man! You are not the one who has it.' So we continued questioning in the dwellings until we had no doubt that they had taken it. So my uncle said to me: 'O my nephew! You should go to the Messenger of Allah (SAW) and tell him about that.'" Qatadah said: "So I went to the Messenger of Allah (SAW) and said: 'A family among us are ill-mannered, and they conspired against my uncle Rifa'ah bin aid. They broken into his storage and took his weapons and his food. We want them to return our weapons, but we have no need for the food.' So the Prophet (SAW) said: 'I will decide about that.' So when Banu Ubairiq heard about that, they brought a man from among them named Usair bin 'Urwah to talk to him about that, and some people form their houses gathered and said: 'O Messenger of Allah! Qatadah bin An-Nu'man and his uncle came came to a family among us who are a people of Islam and righteousness, accusing them of stealing without proof or confirmation.'" Qatadah said: "I went to the Messenger of Allah (SAW) and spoke to him, and he said: 'You went to a family among them known for their Islam and righteousness, and accused them of stealing without confirmation or proof.'" He said: "So I returned wishing that I had lost some of my wealth, and that the Messenger of Allah (SAW) had not been spoke to about that. My uncle Rifa'ah came to me and said: 'O my nephew! What did you do?' So I told him what the Messenger of Allah (SAW) said to me, so he said: 'It is from Allah, Whom we seek help.' It was not long before the Qur'an was revealed: 'Surely, We have sent down to you the Book in truth, that you might judge between men by that which Allah has shown you, so be not a pelader for the treacherous.' That is Banu Ubairiq. 'And seek forgiveness from Allah.' [That is] from what you said to Qatadah. 'Certainly Allah is Oft-Forgiving, Most Merciful. And argue not on behalf of those who deceive themselves. Verily, Allah does not like anyone who is a betrayer, sinner. They may hide from men, but they cannot hide from Allah for He is with them up to His saying: 'Most Merciful.' That is: If you seek Allah's forgiveness then He will forgive you. 'And whoever earns sin, he earns it only against himself...' up to His saying: 'A manifest sin.' Their saying about Labid; 'Had it not been for the grace of Allah and His Mercy upon you...' up to His saying: 'We shall give him a great reward.' (4:105-115)" So when the Qur'an was revealed, the Messenger of Allah (SAW) brought the weapon and returned it to Rifa'ah. Qatadah said: "When the weapon was brought to my uncle - and he was an elderly man with bad sight" or "an elderly weak man" - Abu 'Eisa was in doubt - "in Jahiliyyah, and I thought that he merely had entered into Islam (without real sincerity) but when I brought it to him, he said: 'O my nephew! It is for Allah's cause.' So I knew that his Islam was genuine. When the Qur'an was revealed, Bushair went with the idolaters, staying with Sulafah bint Sa'd bin Sumayyah. So Allah, Most High, revealed: Whoever contradicts and opposes the Messenger after the right path has been shown clearly to him, and follows other than the believers' way, We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination. Verily Allah forgives not associating others with Him, but He forgives what is less than that for whomever He wills. And whoever associates others with Allah, then he has indeed strayed away (4:115-116). "When he went to stay with Sulafah, Hassan bin Thabit lampooned her with verses of poetry. So she took his saddle, put it on her head, then she left with it to cast into the valley. Then she said: 'You gave me the poetry of Hassan - you did not bring me any good.'"

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."