Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali.

A man from the Jews, having been slapped on his face, came to the Prophet and said, "O Muhammad! A man from your companions from the Ansar has slapped me on my face!" The Prophet said, "Call him." When they called him, the Prophet said, "Why did you slap him?" He said, "O Allah's Apostle! While I was passing by the Jews, I heard him saying, 'By Him Who selected Moses above the human beings,' I said, 'Even above Muhammad?' I became furious and slapped him on the face." The Prophet said, "Do not give me superiority over the other prophets, for on the Day of Resurrection the people will become unconscious and I will be the first to regain consciousness. Then I will see Moses holding one of the legs of the Throne. I will not know whether he has come to his senses before me or that the shock he had received at the Mountain, (during his worldly life) was sufficient for him."

Allah's Apostle and one of his companions entered upon an Ansari man and the Prophet said to him, "If you have water kept overnight in a water skin, (give us), otherwise we will drink water by putting our mouth in it." The man was watering his garden then. He said, "O Allah's Apostle! I have water kept overnight; let us go to the shade." So he took them both there and poured water into a bowl and milked a domestic goat of his in it. Allah's Apostle drank, and then the man who had come along with him, drank.

That he was in the company of the Prophet in one of the gardens of Medina and in the hand of the Prophet there was a stick, and he was striking (slowly) the water and the mud with it. A man came (at the gate of the garden) and asked permission to enter. The Prophet said, "Open the gate for him and give him the glad tidings of entering Paradise. "I went, and behold! It was Abu Bakr. So I opened the gate for him and informed him of the glad tidings of entering Paradise. Then another man came and asked permission to enter. The Prophet said, "Open the gate for him and give him the glad tidings of entering Paradise." Behold! It was `Umar. So I opened the gate for him and gave him the glad tidings of entering Paradise. Then another man came and asked permission to enter. The Prophet was sitting in a leaning posture, so he sat up and said, "Open the gate for him and give him the glad tidings of entering Paradise with a calamity which will befall him or which will take place." I went, and behold ! It was `Uthman. So I opened the gate for him and gave him the glad tidings of entering Paradise and also informed him of what the Prophet had said (about a calamity). `Uthman said, "Allah Alone Whose Help I seek (against that calamity).

A man came to Allah's Apostle and said, "I am ruined!" The Prophet said to him, "What is the matter?" He said, "I have done a sexual relation with my wife (while fasting) in Ramadan." The Prophet said to him?" "Can you afford to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" He said, "No." The Prophet said, "Can you feed sixty poor persons?" He said, "No." Then an Ansari man came with an Irq (a big basket full of dates). The Prophet said (to the man), "Take this (basket) and give it in charity." That man said, "To poorer people than we, O Allah's Apostle? By Him Who has sent you with the Truth! There is no house in between the two mountains (of the city of Medina) poorer than we." So the Prophet said (to him), "Go and feed it to your family."

A Jew whose face had been slapped (by someone), came to the Prophet and said, "O Muhammad! A man from your Ansari companions slapped me. " The Prophet said, "Call him". They called him and the Prophet asked him, "Why did you slap his face?" He said, "O Allah's Apostle! While I was passing by the Jews, I heard him saying, 'By Him Who chose Moses above all the human beings.' I said (protestingly), 'Even above Muhammad?' So I became furious and slapped him." The Prophet said, "Do not give me preference to other prophets, for the people will become unconscious on the Day of Resurrection and I will be the first to gain conscious, and behold, I will Find Moses holding one of the pillars of the Throne (of Allah). Then I will not know whether he has become conscious before me or he has been exempted because of his unconsciousness at the mountain (during his worldly life) which he received."

One day Allah's Apostle narrated to us a long narration about Ad-Dajjal and among the things he narrated to us, was: "Ad-Dajjal will come, and he will be forbidden to enter the mountain passes of Medina. He will encamp in one of the salt areas neighboring Medina and there will appear to him a man who will be the best or one of the best of the people. He will say 'I testify that you are Ad-Dajjal whose story Allah's Apostle has told us.' Ad-Dajjal will say (to his audience), 'Look, if I kill this man and then give him life, will you have any doubt about my claim?' They will reply, 'No,' Then Ad- Dajjal will kill that man and then will make him alive. The man will say, 'By Allah, now I recognize you more than ever!' Ad-Dajjal will then try to kill him (again) but he will not be given the power to do so."

Yahya related to me from Malik that Ibn Shihab used to say, "Some one who catches a raka of the jumua prayer should pray another one with it." Ibn Shihab said, "That is the sunna."

Malik said, "I saw the people of knowledge in our city doing that. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever catches a raka of the prayer has caught the prayer.' "

Malik said, concerning some one who was in a crowd on the day of jumua and did the ruku but was not able to go into sajda until the imam had risen or finished his prayer, "If he is able to do the sajda and has already done the ruku then he should do the sajda when the people stand up. If he is unable to do thesajda until after the imam has finished the prayer, then I prefer that he begins the prayeragain and does the four rakas of dhuhr."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Muhayriz that a man from the Kinana tribe called al-Mukhdaji heard a man in Syria known as Abu Muhammad saying, "The witr is obligatory (fard)." Al-Mukhdaji said, "I went to Ubada ibn as-Samit and presented myself to him as he was going to the mosque, and told him what Abu Muhammad had said. Ubada said that Abu Muhammad had lied and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Allah the Majestic and Mighty has written five prayers for mankind, and whoever does them and does not waste anything of them by making light of what is due to them, there is a pact for him with Allah that He will admit him into the Garden.Whoever does not do them, there is no pact for him with Allah. If He wishes, He punishes him, and if He wishes, He admits him into the Garden.' "

On the 1st of Dhul-Hijja we set out with the intention of performing Hajj. Allah's Apostle said, "Any one who likes to assume the Ihram for `Umra he can do so. Had I not brought the Hadi with me, I would have assumed the Ihram for `Umra. "Some of us assumed the Ihram for `Umra while the others assumed the Ihram for Hajj. I was one of those who assumed the Ihram for `Umra. I got menses and kept on menstruating until the day of `Arafat and complained of that to the Prophet. He told me to postpone my `Umra, undo and comb my hair, and to assume the Ihram of Hajj and I did so. On the night of Hasba, he sent my brother `Abdur-Rahman bin Abi Bakr with me to at-Tan`im, where I assumed the Ihram for `Umra in lieu of the previous one. Hisham said, "For that (`Umra) no Hadi, fasting or alms were required.

Anas bin Malik Al-Ansari, told me, "Abu Bakr used to lead the people in prayer during the fatal illness of the Prophet till it was Monday. When the people aligned (in rows) for the prayer the Prophet lifted the curtain of his house and started looking at us and was standing at that time. His face was (glittering) like a page of the Qur'an and he smiled cheerfully. We were about to be put to trial for the pleasure of seeing the Prophet, Abu Bakr retreated to join the row as he thought that the Prophet would lead the prayer. The Prophet beckoned us to complete the prayer and he let the curtain fall. On the same day he died."

I passed by a place called Ar-Rabadha and by chance I met Abu Dhar and asked him, "What has brought you to this place?" He said, "I was in Sham and differed with Muawiya on the meaning of (the following verses of the Qur'an): 'They who hoard up gold and silver and spend them not in the way of Allah.' (9.34). Muawiya said, 'This verse is revealed regarding the people of the scriptures." I said, It was revealed regarding us and also the people of the scriptures." So we had a quarrel and Mu'awiya sent a complaint against me to `Uthman. `Uthman wrote to me to come to Medina, and I came to Medina. Many people came to me as if they had not seen me before. So I told this to `Uthman who said to me, "You may depart and live nearby if you wish." That was the reason for my being here for even if an Ethiopian had been nominated as my ruler, I would have obeyed him .

A bedouin with unkempt hair came to Allah's Apostle and said, "O Allah's Apostle! Inform me what Allah has made compulsory for me as regards the prayers." He replied: "You have to offer perfectly the five compulsory prayers in a day and night (24 hours), unless you want to pray Nawafil." The bedouin further asked, "Inform me what Allah has made compulsory for me as regards fasting." He replied, "You have to fast during the whole month of Ramadan, unless you want to fast more as Nawafil." The bedouin further asked, "Tell me how much Zakat Allah has enjoined on me." Thus, Allah's Apostle informed him about all the rules (i.e. fundamentals) of Islam. The bedouin then said, "By Him Who has honored you, I will neither perform any Nawafil nor will I decrease what Allah has enjoined on me. Allah's Apostle said, "If he is saying the truth, he will succeed (or he will be granted Paradise).

Allah's Apostle used to practice I`tikaf every year in the month of Ramadan. And after offering the morning prayer, he used to enter the place of his I`tikaf. `Aisha asked his permission to let her practice I`tikaf and he allowed her, and so she pitched a tent in the mosque. When Hafsa heard of that, she also pitched a tent (for herself), and when Zainab heard of that, she too pitched another tent. When, in the morning, Allah's Apostle had finished the morning prayer, he saw four tents and asked, "What is this?" He was informed about it. He then said, "What made them do this? Is it righteousness? Remove the tents, for I do not want to see them." So, the tents were removed. The Prophet did not perform I`tikaf that year in the month of Ramadan, but did it in the last ten days of Shawwal.

(mother of the faithful believers) I bought a cushion with pictures on it. When Allah's Apostle saw it, he kept standing at the door and did not enter the house. I noticed the sign of disgust on his face, so I said, "O Allah's Apostle! I repent to Allah and H is Apostle . (Please let me know) what sin I have done." Allah's Apostle said, "What about this cushion?" I replied, "I bought it for you to sit and recline on." Allah's Apostle said, "The painters (i.e. owners) of these pictures will be punished on the Day of Resurrection. It will be said to them, 'Put life in what you have created (i.e. painted).' " The Prophet added, "The angels do not enter a house where there are pictures."

Bakkar ibn Yahya said that his grandmother narrated to him: I entered upon Umm Salamah. A woman from the Quraysh asked her about praying with the clothes which a woman wore while she menstruated.

Umm Salamah said: We would menstruate in the lifetime of the Messenger of Allah (saws). Then each one of us refrained (from prayer) during menstrual period. When she was purified, she would look at the clothe in which she menstruated. If it were smeared with blood, we would wash it and pray with it; if there were nothing in it, we would leave it and that would not prevent us from praying with it (the same clothe).

As regards the woman who had plaited hair - sometimes each of us had plaited hair - when she washed, she would not undo the hair. She would instead pour three handfuls of water upon her head. When she felt moisture in the roots of her hair, she would rub them. Then she would pour water upon her whole body.

While Allah's Apostle was sitting, a Jew came and said, "O Abul Qasim! One of your companions has slapped me on my face." The Prophet asked who that was. He replied that he was one of the Ansar. The Prophet sent for him, and on his arrival, he asked him whether he had beaten the Jew. He (replied in the affirmative and) said, "I heard him taking an oath in the market saying, 'By Him Who gave Moses superiority over all the human beings.' I said, 'O wicked man! (Has Allah given Moses superiority) even over Muhammad I became furious and slapped him over his face." The Prophet said, "Do not give a prophet superiority over another, for on the Day of Resurrection all the people will fall unconscious and I will be the first to emerge from the earth, and will see Moses standing and holding one of the legs of the Throne. I will not know whether Moses has fallen unconscious or the first unconsciousness was sufficient for him."

A man came to Allah's Apostle and said, "I am ruined." The Prophet asked, "What do you mean?" He said, "I had a sexual intercourse with my wife during Ramadan (while fasting)." The Prophet asked him, "Can you manumit a slave?" He replied in the negative. He then asked him, "Can you fast for two successive months continuously" He replied in the negative. The Prophet then asked him, "Can you feed sixty poor persons?" He replied in the negative. In the meantime an Ansari came with a basket full of dates. The Prophet said to the man, "Take it and give it in charity (as an expiation of your sin)." The man said "Should I give it to some people who are poorer than we O Allah's Apostle? By Him Who has sent you with the Truth, there is no family between Medina's two mountains poorer than we." Allah's Apostle told him to take it and provide his family with it."

that he heard Ibn `Abbas saying, "Thursday! And you know not what Thursday is? After that Ibn `Abbas wept till the stones on the ground were soaked with his tears. On that I asked Ibn `Abbas, "What is (about) Thursday?" He said, "When the condition (i.e. health) of Allah's Apostle deteriorated, he said, 'Bring me a bone of scapula, so that I may write something for you after which you will never go astray.'The people differed in their opinions although it was improper to differ in front of a prophet, They said, 'What is wrong with him? Do you think he is delirious? Ask him (to understand). The Prophet replied, 'Leave me as I am in a better state than what you are asking me to do.' Then the Prophet ordered them to do three things saying, 'Turn out all the pagans from the Arabian Peninsula, show respect to all foreign delegates by giving them gifts as I used to do.' " The sub-narrator added, "The third order was something beneficial which either Ibn `Abbas did not mention or he mentioned but I forgot.'

That Zaid bin Khalid Al-Juhani narrated to him something in the presence of Sa`id bin 'Ubaidullah Al- Khaulani who was brought up in the house of Maimuna the wife of the Prophet. Zaid narrated to them that Abu Talha said that the Prophet said, "The Angels (of Mercy) do not enter a house wherein there is a picture." Busr said, "Later on Zaid bin Khalid fell ill and we called on him. To our surprise we saw a curtain decorated with pictures in his house. I said to Ubaidullah Al-Khaulani, "Didn't he (i.e. Zaid) tell us about the (prohibition of) pictures?" He said, "But he excepted the embroidery on garments. Didn't you hear him?" I said, "No." He said, "Yes, he did."

Abu Bakr went to a lady from the Ahmas tribe called Zainab bint Al-Muhajir and found that she refused to speak. He asked, "Why does she not speak." The people said, "She has intended to perform Hajj without speaking." He said to her, "Speak, for it is illegal not to speak, as it is an action of the pre-islamic period of ignorance. So she spoke and said, "Who are you?" He said, "A man from the Emigrants." She asked, "Which Emigrants?" He replied, "From Quraish." She asked, "From what branch of Quraish are you?" He said, "You ask too many questions; I am Abu Bakr." She said, "How long shall we enjoy this good order (i.e. Islamic religion) which Allah has brought after the period of ignorance?" He said, "You will enjoy it as long as your Imams keep on abiding by its rules and regulations." She asked, "What are the Imams?" He said, "Were there not heads and chiefs of your nation who used to order the people and they used to obey them?" She said, "Yes." He said, "So they (i.e. the Imams) are those whom I meant."

We went out with the Messenger of Allah (saws) accompanying the bier of a man of the Ansar. When we reached his grave, it was not yet dug. So the Messenger of Allah (saws) sat down and we also sat down around him as if birds were over our heads. He had in his hand a stick with which he was scratching the ground.

He then raised his head and said: Seek refuge with Allah from the punishment in the grave. He said it twice or thrice.

The version of Jabir adds here: He hears the beat of their sandals when they go back, and at that moment he is asked: O so and so! Who is your Lord, what is your religion, and who is your Prophet?

Hannad's version says: Two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: My Lord is Allah. They will ask him: What is your religion? He will reply: My religion is Islam. They will ask him: What is your opinion about the man who was sent on a mission among you? He will reply: He is the Messenger of Allah (saws). They will ask: Who made you aware of this? He will reply: I read Allah's Book, believed in it, and considered it true; which is verified by Allah's words: "Allah's Book, believed in it, and considered it true, which is verified by Allah's words: "Allah establishes those who believe with the word that stands firm in this world and the next."

The agreed version reads: Then a crier will call from Heaven: My servant has spoken the truth, so spread a bed for him from Paradise, clothe him from Paradise, and open a door for him into Paradise. So some of its air and perfume will come to him, and a space will be made for him as far as the eye can see.

He also mentioned the death of the infidel, saying: His spirit will be restored to his body, two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: Alas, alas! I do not know. They will ask him: What is your religion? He will reply: Alas, alas! I do not know. They will ask: Who was the man who was sent on a mission among you? He will reply: Alas, alas! I do not know. Then a crier will call from Heaven: He has lied, so spread a bed for him from Hell, clothe him from Hell, and open for him a door into Hell. Then some of its heat and pestilential wind will come to him, and his grave will be compressed, so that his ribs will be crushed together.

Jabir's version ...

Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'

"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, ...

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, ...

I got a she-camel in my share of the war booty on the day (of the battle) of Badr, and the Prophet had given me a she-camel from the Khumus. When I intended to marry Fatima, the daughter of Allah's Apostle, I had an appointment with a goldsmith from the tribe of Bani Qainuqa' to go with me to bring Idhkhir (i.e. grass of pleasant smell) and sell it to the goldsmiths and spend its price on my wedding party. I was collecting for my she-camels equipment of saddles, sacks and ropes while my two shecamels were kneeling down beside the room of an Ansari man. I returned after collecting whatever I collected, to see the humps of my two she-camels cut off and their flanks cut open and some portion of their livers was taken out. When I saw that state of my two she-camels, I could not help weeping. I asked, "Who has done this?" The people replied, "Hamza bin `Abdul Muttalib who is staying with some Ansari drunks in this house." I went away till I reached the Prophet and Zaid bin Haritha was with him. The Prophet noticed on my face the effect of what I had suffered, so the Prophet asked. "What is wrong with you." I replied, "O Allah's Apostle! I have never seen such a day as today. Hamza attacked my two she-camels, cut off their humps, and ripped open their flanks, and he is sitting there in a house in the company of some drunks." The Prophet then asked for his covering sheet, put it on, and set out walking followed by me and Zaid bin Haritha till he came to the house where Hamza was. He asked permission to enter, and they allowed him, and they were drunk. Allah's Apostle started rebuking Hamza for what he had done, but Hamza was drunk and his eyes were red. Hamza looked at Allah's Apostle and then he raised his eyes, looking at his knees, then he raised up his eyes looking at his umbilicus, and again he raised up his eyes look in at his face. Hamza then said, "Aren't you but the slaves of my father?" Allah's Apostle realized that he was drunk, so Allah's Apostle retreated, and we went out with him.

I had a she-camel which I got in my share from the booty of the battle of Badr, and the Prophet had given me another she camel from the Khumus which Allah had bestowed on him that day. And when I intended to celebrate my marriage to Fatima, the daughter of the Prophet, I made an arrangement with a goldsmith from Bani Qainuqa 'that he should go with me to bring Idhkhir (i.e. a kind of grass used by gold-smiths) which I intended to sell to gold-smiths in order to spend its price on the marriage banquet. While I was collecting ropes and sacks of pack saddles for my two she-camels which were kneeling down beside an Ansari's dwelling and after collecting what I needed, I suddenly found that the humps of the two she-camels had been cut off and their flanks had been cut open and portions of their livers had been taken out. On seeing that, I could not help weeping. I asked, "Who has done that?" They (i.e. the people) said, "Hamza bin `Abdul Muttalib has done it. He is present in this house with some Ansari drinkers, a girl singer, and his friends. The singer said in her song, "O Hamza, get at the fat she-camels!" On hearing this, Hamza rushed to his sword and cut of the camels' humps and cut their flanks open and took out portions from their livers." Then I came to the Prophet, with whom Zaid bin Haritha was present. The Prophet noticed my state and asked, "What is the matter?" I said, "O Allah's Apostle, I have never experienced such a day as today! Hamza attacked my two she-camels, cut off their humps and cut their flanks open, and he is still present in a house along some drinkers." The Prophet asked for his cloak, put it on, and proceeded, followed by Zaid bin Haritha and myself, till he reached the house where Hamza was. He asked the permission to enter, and he was permitted. The Prophet started blaming Hamza for what he had done. Hamza was drunk and his eyes were red. He looked at the Prophet then raised his eyes to look at his knees and raised his eves more to look at his face and then said, "You are not but my father's slaves." When the Prophet understood that Hamza was drunk, he retreated, walking backwards went out and we left with him.

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

The Quraysh sent me to the Messenger of Allah (saws), and when I saw the Messenger of Allah (saws), Islam was cast into my heart, so I said: Messenger of Allah, I swear by Allah, I shall never return to them. The Messenger of Allah (saws) replied: I do not break a covenant or imprison messengers, but return, and if you feel the same as you do just now, come back. So I went away, and then came to the Prophet (saws) and accepted Islam.

The narrator Bukair said: He informed me that Abu Rafi' was a Copt.

Abu Dawud said: This was valid in those days, but today it is not valid.

Abu Hurairah said: O Allah, Thou art its Lord. Thou didst create it, Thou didst guide it to Islam, Thou hast taken its spirit, and Thou knowest best its inner nature and outer aspect. We have come as intercessors, so forgive him.

Abu Dawud said: Shu'bah made a mistake in mentioning the name of 'Ali b. Shammakh. He said in his version: 'Uthman b. Shammas.

Abu Dawud said: I heard Ahmad b. Ibrahim al-Mawsili say that Ahmad b. Hanbal said: In every meeting which I attended with Hammad b. Zaid he forbade to narrate this traditions from 'Abd al-Warith and Ja'far b. Sulaiman.

Abu Dawud said: This tradition has also been transmitted by al-Ansari, from Ibn-Juraij. He said: Ja'far b. 'Umar and 'Amr b. Hayyah. He said: They transmitted from 'Abd al-Rahman b. 'Awf and from the Companions of the Prophet (saws).

The Messenger of Allah (saws) forbade us to eat horse-flesh, the flesh of mules and of asses. The narrator Haywah added: Every beast of prey with a fang.

Abu Dawud said: This view is held by Malik.

Abu Dawud said: There is no harm in (eating) horse-flesh and this tradition is not practised.

Abu Dawud said: This tradition has been abrogated. A body of Companions of the Prophet (saws) had eaten horse-flesh. OF them are: Ibn al-Zubair, Fudalah bin 'Ubaid, Anas bin Malik, Asma' daughter of Abu Bakr, Suwaid bin Ghaflah, 'Alqamah; the Quraish used to slaughter them (horses) during the time of the Messenger of Allah (saws).

The tradition mentioned above (No. 4243) has also been transmitted by Ibn Mas'ud through a different chain of narrators.

Ibn Mas'ud said: I heard the Prophet (saws) say: He then mentioned a portion of the tradition narrated by AbuBakrah (No. 4243).

This version adds: He (the Prophet) said: All their slain will go to Hell. I (Wabisah) asked: When will this happen Ibn Mas'ud?

He replied: This is the period of turmoil (harj) when a man will not be safe from his associates.

I asked: What do you command me (to do) if I happen to live during that period? He replied: You should restrain your tongue and hand and stay at home.

When Uthman was slain, I recollected this tradition. I then rode (on a camel) and came to Damascus. There I met Khuraym ibn Fatik and mentioned this tradition to him. He swore by Allah, there was no god but He, he had heard it from the Messenger of Allah (saws), as Ibn Mas'ud transmitted it to me (Wabisah).

Abu Dawud said: The following words of this tradition are not supported by any other tradition “You should not eat of it yourself nor any of your companions”.

The version of `Abdal Warith has the words “then hang it in its neck” instead of the words “mark or strike with it”. Abu Dawud said I heard Abu Salamah say if the chain of narrators and the meaning are correct, it is sufficient for you.

`Affan told us: Shu`bah told us: `Alqamah bin Marthad told me... and he said in it: “Whoever learns the Qur`an or teaches it.”