That Aisha, the mother of the Believers, intended to buy a slave girl in order to manumit her. The slave girl's master said, "We are ready to sell her to you on the condition that her Wala should be for us." Aisha mentioned that to Allah's Apostle who said, "This (condition) should not prevent you from buying her, for the Wala is for the one who manumits (the slave)."

Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Muriyi say, "Zayd ibn Thabit al-Ansari and Ibn Muti had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the mimbar. Zayd ibn Thabit said, 'I swear to it where I am.' Marwan said, 'No, by Allah! only in the place of sorting out claims (i.e. the mimbar).' Zayd ibn Thabit began to take an oath that his right was true, and he refused to take an oath near the mimbar. Marwan ibn al-Hakam began to wonder at that."

Malik said, "I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar, and that is three dirhams."

Malik said, "If a man has four awsuq of dates he has harvested, four awsuq of grapes he has picked, or four awsuq of wheat he has reaped or four awsuq of pulses he has harvested, the different categories are not added together, and he does not have to pay zakat on any of the categ ries - the dates, the grapes, the wheat or the pulses - until any one of them comes to five awsuq using the sa of the Prophet, may Allah bless him and grant him peace, as the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat (to pay) on anything less than five awsuq of dates. 'lf any of the categories comes to five awsuq, then zakat must be paid. If none of the categories comes to five awsuq, then there is no zakat to pay. The explanation of this is that when a man harvests five awsuq of dates (from his palms), he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal, such as brown wheat, white wheat, barley and sult, which are all considered as one category. If a man reaps five awsuq of any of these, he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same (also) with grapes, whether they be black or red. If a man picks five awsuq of them he has to pay zakat on them, but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category, like cereals, dates and grapes, even if they are of different varieties and are called by different names. Pulses include chick- peas, lentils, beans, peas, and anything which is agreed by everybody to be a pulse. If a man harvests five awsuq of pulses, measuring by the aforementioned sa, the sa of the Prophet, may Allah bless him and grant him peace, he collects them all together and must pay zakat on them, even if they are of every kind of pulse and not just one kind."

Malik said, ''Umar ibn al-Khattab drew a distinction between pulses and wheat when he took zakat from the Nabatean christians. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth."

Malik said, "If some one asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one?', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged for many times tha tamount of silver dirhams.' "

Malik said, regarding date palms which are shared equally between two men, and from which eight awsuq of dates are harvested, "They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land, and the other owns four awsuq or less, the one who owns the five awsuq has to pay zakat, and the other one, who harvested four awsuq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked . Any one of them that harvests five awsuq of dates, or picks five awsuq of grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq."

Malik said, "The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain o rseed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them."

Ibn `Abbas said, "Why do you ask the people of the scripture about anything while your Book (Qur'an) which has been revealed to Allah's Apostle is newer and the latest? You read it pure, undistorted and unchanged, and Allah has told you that the people of the scripture (Jews and Christians) changed their scripture and distorted it, and wrote the scripture with their own hands and said, 'It is from Allah,' to sell it for a little gain. Does not the knowledge which has come to you prevent you from asking them about anything? No, by Allah, we have never seen any man from them asking you regarding what has been revealed to you!"

The Prophet said, "A time will come when one will not care how one gains one's money, legally or illegally."

This hadith has been transmitted on the authority of Anas that Allah's Messenger (may peace be upon him) said this but with this addition that (the Dajjal would come) and pitch his tent in the waste-land of Juruf and thus there would come out of (the city) every hypocrite, man and woman.

The Prophet said, "This night I dreamt that two men came and took me to a Holy land whence we proceeded on till we reached a river of blood, where a man was standing, and on its bank was standing another man with stones in his hands. The man in the middle of the river tried to come out, but the other threw a stone in his mouth and forced him to go back to his original place. So, whenever he tried to come out, the other man would throw a stone in his mouth and force him to go back to his former place. I asked, 'Who is this?' I was told, 'The person in the river was a Riba-eater."

The Prophet fought with the people of Khaybar, and captured their palm-trees and land, and forced them to remain confined to their fortresses. So they concluded a treaty of peace providing that gold, silver and weapons would go to the Messenger of Allah (saws), and whatever they took away on their camels would belong to them, on condition that they would not hide and carry away anything. If they did (so), there would be no protection for them and no treaty (with Muslims).

They carried away a purse of Huyayy ibn Akhtab who was killed before (the battle of) Khaybar. He took away the ornaments of Banu an-Nadir when they were expelled.

The Prophet (saws) asked Sa'yah: Where is the purse of Huyayy ibn Akhtab?

He replied: The contents of this purse were spent on battles and other expenses. (Later on) they found the purse. So he killed Ibn AbulHuqayq, captured their women and children, and intended to deport them.

They said: Muhammad, leave us to work on this land; we shall have half (of the produce) as you wish, and you will have half. The Messenger of Allah (saws) used to make a contribution of eighty wasqs of dates and twenty wasqs of wheat to each of his wives.

I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, "Once I abused a man and he complained of me to the Prophet . The Prophet asked me, 'Did you abuse him by slighting his mother?' He added, 'Your slaves are your brethren upon whom Allah has given you authority. So, if one has one's brethren under one's control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "

Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."

Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."

Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

The Prophet (saws) said: Faith prevented assassination. A believer should not assassinate.

Once the Prophet stood at the top of a (looked out from upon one) castle amongst the castles (or the high buildings) of Medina and said, "Do you see what I see? (No doubt) I see the spots where afflictions will take place among your houses (and these afflictions will be) as numerous as the spots where raindrops fall."

I came to the Prophet (saws), and took the oath of allegiance to him. He said: If anyone reaches a water which has not been approached before by any Muslim, it belongs to him. The people, therefore, went out running and marking (on the land).

When we came to the Prophet (saws), each one would sit down where there was room.

The following Holy Verse:-- "These two opponents (believers and disbelievers) dispute with each other about their Lord." (22.19) was revealed concerning us.

That the Messenger of Allah (saws) said: "Whoever takes a false oath to deprive a Muslim of his wealth, he will meet Allah while He is angry with him."

Al-Ash'ath bin Qais said: "It is about me, by Allah! There was a dispute about some land between myself and a man from the Jews who denied my ownership of it, so I took him to the Prophet (saws). The Messenger of Allah (saws) said to me: 'Do you have any proof ?' I said: 'No'. So he said to Jew: 'Take an oath.' I said: 'O Messenger of Allah! If he takes an oath then my property will be gone!' So Allah, Most High revealed: Verily those who purchase a small gain at the cost of Allah's Covenant and their oaths.. until the end of the Ayah."

[Abu 'Eisa said:] There are narrations on this topic from Wa'il bin Hujr, Abu Musa, Abu Umamah bin Tha'labah Al-Ansari, and 'Imran bin Husain. The Hadith of Ibn Mas'ud is a Hasan Sahih Hadith.

that he entered upon Yahya bin Sa`id while one of Yahya's sons was aiming at a hen after tying it. Ibn `Umar walked to it and untied it. Then he brought it and the boy and said. "Prevent your boys from tying the birds for the sake of killing them, as I have heard the Prophet forbidding the killing of an animal or other living thing after tying them."

On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.

Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.

Umar reported the Messenger of Allah (saws) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).

He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.

The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.

A woman threw a stone at another woman and she aborted. The dispute was brought to the Messenger of Allah (saws). He gave judgment that five hundred sheep should be paid for her (unborn) child, and forbade throwing stones.

Abu Dawud said: The version of this tradition goes in this way, i.e. five hundred sheep. What is correct is one hundred sheep. Abu Dawud said: 'Abbas transmitted this tradition this way, but it is misunderstanding.

Yahya related to me from Malik that he had asked Ibn Shihab about whether the deadline was set from the day he had married her, or from the day she raised the question before the Sultan. He said. 'It is from the day she presents it before the Sultan.'

Malik said, "As for someone who has intercourse with his wife and then is prevented from intercourse with her, I have not heard that there is a deadline set for him or that they are separated."

The Prophet (saws) as saying: If anyone has sacrificial animal and intends to sacrifice it, and he sights the new moon of Dhul-Hajjah, he must not take any of his hair and nails until he sacrifices

Abu Dawud said: The name of 'Amr b. Muslim in the chain narrated by Malik and Muhammad b. 'Amr is disputed. Some say that it is 'Umar and the majority holds that it is 'Amr.

Abu Dawud said: He is 'Amr b. Muslim b. Ukaimah al-Laithi al-Jundu'i.

Abu Dawud said : The version of this tradition narrated by Ayyub from Nafi is disputed. The narrator `Abd al-Warith said in his version : `The upper hand is the one which abstains from begging;” but most of the narrators have narrated from Hammad b. Zaid from Ayyub the words “ The upper hand is the one which bestows.” A narrator from Hammad said in his version “the one which abstains from begging.”

Abyad went to the Messenger of Allah (saws) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)

So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.

The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."

That a man came to him (while two groups of Muslims were fighting) and said, "O Abu `Abdur Rahman! Don't you hear what Allah has mentioned in His Book: 'And if two groups of believers fight against each other...' (49.9) So what prevents you from fighting as Allah has mentioned in His Book?"' Ibn `Umar said, "O son of my brother! I would rather be blamed for not fighting because of this Verse than to be blamed because of another Verse where Allah says: 'And whoever kills a believer intentionally..." (4.93) Then that man said, "Allah says:-- 'And fight them until there is no more afflictions (worshipping other besides Allah) and the religion (i.e. worship) will be all for Allah (Alone)" (8.39) Ibn `Umar said, "We did this during the lifetime of Allah's Apostle when the number of Muslims was small, and a man was put to trial because of his religion, the pagans would either kill or chain him; but when the Muslims increased (and Islam spread), there was no persecution." When that man saw that Ibn `Umar did not agree to his proposal, he said, "What is your opinion regarding `Ali and `Uthman?" Ibn `Umar said, "What is my opinion regarding `Ali and `Uthman? As for `Uthman, Allah forgave him and you disliked to forgive him, and `Ali is the cousin and son-in-law of Allah's Apostle ." Then he pointed out with his hand and said, "And that is his daughter's (house) which you can see."

Malik related to me from Ibn Shihab from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one should prevent his neighbour from fixing a wooden peg in his wall." Then Abu Hurayra said, "Why do I see you turning away from it? By Allah! I shall keep on at you about it."

That Ubaidullah bin `Abdullah and Salim bin `Abdullah informed him that they told Ibn `Umar when Ibn Az-Zubair was attacked by the army, saying "There is no harm for you if you did not perform Hajj this year. We are afraid that you may be prevented from reaching the Ka`ba." Ibn `Umar said "We set out with Allah's Apostle and the non-believers of Quraish prevented us from reaching the Ka`ba, and so the Prophet slaughtered his Hadi and got his head shaved." Ibn `Umar added, "I make you witnesses that I have made `Umra obligatory for me. And, Allah willing, I will go and then if the way to Ka`ba is clear, I will perform the Tawaf, but if I am prevented from going to the Ka`ba then I will do the same as the Prophet did while I was in his company." Ibn `Umar then assumed Ihram for Umra from Dhul-Hulaifa and proceeded for a while and said, "The conditions of `Umra and Hajj are similar and I make you witnesses that I have made `Umra and Hajj obligatory for myself." So, he did not finish the Ihram till the day of Nahr (slaughtering) came, and he slaughtered his Hadi. He used to say, "I will not finish the Ihram till I perform the Tawaf, one Tawaf on the day of entering Mecca (i.e. of Safa and Marwa for both `Umra and Hajj).