Abu Dawud said: The narrator Makhramah did not hear from his father except one tradition.

The Messenger of Allah (saws) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.

Zayd ibn Aslam quoted his father as saying: Umar ibn al-Khattab (Allah be pleased with him) struck one of his sons who was given the kunyah AbuIsa, and al-Mughirah ibn Shu'bah had the kunyah AbuIsa. Umar said to him: Is it not sufficient for you that you are called by the kunyah AbuAbdullah? He replied: The Messenger of Allah (saws) gave me this kunyah. Thereupon he said: The Messenger of Allah (saws) was forgiven all his sins, past and those followed. But we are among the people similar to us. Henceforth he was called by the kunyah AbuAbdullah until he died.

Muhammad ibn AbuYahya said that his father told that he and his companion went to AbuSa'id al-Khudri to pay a sick visit to him. He said: Then we came out from him and met a companion of ours who wanted to go to him. We went ahead and sat in the mosque. He then came back and told us that he heard AbuSa'id al-Khudri say: The Messenger of Allah (saws) said: Some snakes are jinn; so when anyone sees one of them in his house, he should give it a warning three times. If it return (after that), he should kill it, for it is a devil.

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."

Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar told him that the Messenger of Allah, may Allah bless him and grant him peace, was in the mosque when a man came in with dishevelled hair and beard. The Messenger of Allah. may Allah bless him and grant him peace, motioned with his hand that he should be sent out to groom his hair and beard. The man did so and then returned. The Messenger of Allah, may Allah bless him and grant him peace, said, "Isn't this better than that one of you should come with his head dishevelled, as if he were a shaytan?"

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "When a man comes to his wife in her room, he is believed. When she comes to him in his room, she is believed."

Malik commented, "I think that this refers to sexual intercourse. When he comes in to her in her room and she says, 'He has had intercourse with me' and he says, 'I have not touched her', he is believed. When she comes in to him in his room and he says, 'I have not had intercourse with her' and she says, 'He had intercourse with me', she is believed."

That the Prophet dictated to him: "Not equal are those of the believers who sit (at home) and those who strive and fight in the Cause of Allah." Zaid added: Ibn Um Maktum came while the Prophet was dictating to me and said, "O Allah's Apostle! By Allah, if I had the power to fight (in Allah's Cause), I would," and he was a blind man. So Allah revealed to his Apostle while his thigh was on my thigh, and his thigh became so heavy that I was afraid it might fracture my thigh. Then that state of the Prophet passed and Allah revealed:-- "Except those who are disabled (by injury or are blind or lame etc).

Yahya related to me from Malik from Yazid ibn Abdullah ibn al- Hadi from Abu Murra, the mawla of Umm Hani, the sister of Aqil ibn Abi Talib, that Abdullah ibn Amr ibn al-As told him that he had visited his father Amr ibn al-As and found him eating. His father had invited him to eat, and when he replied that he was fasting, his father said, "These are the days on which the Messenger of Allah, may Allah bless him and grant him peace, forbade us to fast, and told us to break the fast on them."

Malik said, "These days are the days of tashriq."

Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."

In the mosque l asked Ibn Abi Hadrad to pay the debts which he owed to me and our voices grew louder. Allah's Apostle heard that while he was in his house. So he came to us raising the curtain of his room and said, "O Ka`b!" I replied, "Labaik, O Allah's Apostle!" He said, "O Ka`b! reduce your debt to one half," gesturing with his hand. I said, "O Allah's Apostle! I have done so." Then Allah's Apostle said (to Ibn Abi Hadrad), "Get up and pay the debt to him."

the mother of the believers: Allah's Apostle during his illness prayed at his house while sitting whereas some people prayed behind him standing. The Prophet beckoned them to sit down. On completion of the prayer, he said, 'The Imam is to be followed: bow when he bows, raise up your heads (stand erect) when he raises his head and when he says, 'Sami`a l-lahu liman hamidah' (Allah heard those who sent praises to Him) say then 'Rabbana wa laka l-hamd' (O our Lord! All the praises are for You), and if he prays sitting then pray sitting."

The Prophet offered four rak`at of Zuhr prayer at Medina; and two rak`at of `Asr prayer at Dhil- Hulaifa and spent the night there and when (the day) dawned, he mounted his Mount and started saying, "None has the right to be worshipped but Allah, and Glorified be Allah." When he reached Al- Baida' he recited Talbiya for both Hajj and `Umra. And when he arrived at Mecca, he ordered them (his companions) to finish their Ihram. The Prophet slaughtered seven Budn (camel) with his own hands while the camels were standing He also sacrificed two horned rams (black and white in color) at Medina.

The Prophet (saws) used to give the salutation to his left and right sides until the whiteness of his cheek was seen, (saying: "Peace be upon you, and mercy of Allah" twice.

AbuDawud said: This is a version of the tradition reported by AbuSufyan. The version of Isra'il did not explain it. AbuDawud said: This tradition has been narrated by Zubayr from AbuIshaq and Yahya ibn Adam from Isra'il from AbuIshaq from AbdurRahman ibn al-Aswad from his father from Alqamah on the authority of Abdullah ibn Mas'ud. AbuDawud said: Shu'bah used to reject this tradition, the tradition narrated by AbuIshaq as coming from the Prophet (saws).

Allah's Apostle said, "Both of them (Moses and Al-Khadir) proceeded on till they reached a wall which was about to fall." Sa`d said [?? or Sa`id], "(Al-Khadir pointed) with his hands (towards the wall) and then raised his hands and the wall became straightened up." Ya`la said, "I think Sa`id [?? or Sa`d] said, 'He (Khadir) passed his hand over it and it was straightened up." (Moses said to him), "if you had wanted, you could have taken wages for it." Sa`id [?? or Sa`d] said, "Wages with which to buy food . "

Allah's Apostle said, "While a man was walking he felt thirsty and went down a well and drank water from it. On coming out of it, he saw a dog panting and eating mud because of excessive thirst. The man said, 'This (dog) is suffering from the same problem as that of mine. So he (went down the well), filled his shoe with water, caught hold of it with his teeth and climbed up and watered the dog. Allah thanked him for his (good) deed and forgave him." The people asked, "O Allah's Apostle! Is there a reward for us in serving (the) animals?" He replied, "Yes, there is a reward for serving any animate."

The Prophet said, "When the call for the prayer is pronounced, Satan takes to his heels, passing wind with noise, When the call for the prayer is finished, he comes back. And when the Iqama is pronounced, he again takes to his heels, and after its completion, he returns again to interfere between the (praying) person and his heart, saying to him. 'Remember this or that thing.' till the person forgets whether he has offered three or four rak`at: so if one forgets whether he has prayed three or four rak`at, he should perform two prostrations of Sahu (i.e. forgetfulness).

When the Prophet was healthy, he used to say, "No soul of a prophet is captured till he is shown his place in Paradise and then he is given the option." When death approached him while his head was on my thigh, he became unconscious and then recovered his consciousness. He then looked at the ceiling of the house and said, "O Allah! (with) the highest companions." I said (to myself), "Hence, he is not going to choose us." Then I realized that what he had said was the application of the narration which he used to mention to us when he was healthy. The last word he spoke was, "O Allah! (with) the highest companion."

Uyaynah ibn Hisn and Aqra' ibn Habis came to the Messenger of Allah (saws). They begged from him. He commanded to give them what they begged. He ordered Mu'awiyah to write a document to give what they begged. Aqra' took his document, wrapped it in his turban, and went away.

As for Uyaynah, he took his document and came to the Prophet (saws) at his home, and said to him: Muhammad, do you see me? I am taking a document to my people, but I do not know what it contains, just like the document of al-Mutalammis. Mu'awiyah informed the Messenger of Allah (saws) of his statement.

Thereupon the Messenger of Allah (saws) said: He who begs (from people) when he has sufficient is simply asking for a large amount of Hell-fire. (An-Nufayl (a transmitter) said elsewhere: "embers of Hell".)

They asked: Messenger of Allah, what is a sufficiency? (Elsewhere an-Nufayl said: What is a sufficiency which makes begging unfitting?)

He replied: It is that which would provide a morning and an evening meal. (Elsewhere an-Nufayl said: It is when one has enough for a day and night, or for a night and a day.) He (an-Nufayl) narrated to us this tradition briefly in the words that I have mentioned.

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from his father that he had asked Abu Hurayra, "How do you pray over the dead?" and Abu Hurayra replied, "By the Life of Allah, I will tell you! I follow with the family and when the corpse is put down I say 'Allah is greater' and praise Allah and ask for blessings on His Prophet. Then I say, 'O Allah, he is Your slave and the son of Your male slave and Your female slave. He used to testify that there is no god but You and that Muhammad is Your slave and Your Messenger, and You know that best. O Allah, if he acted well, then increase for him his good action, and if he acted wrongly, then overlook his wrong actions. O Allah, do not deprive us of his reward, and do not try us after him.'"

Allahumma inna huwa abduka wa'bnu abdika wa'bnu amatika. Kana yash-hadu an la ilaha illa ant wa anna Muhammadan abduka wa rasooluka, wa anta alamu bihi. Allahumma in kana muhsinan zid fi ihsanihi, wa in kana musiyan fa tajawaz an sayatihi. Allahumma la tahrimna ajrahu wa lataftina badahu.

Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Allah's Apostle sent me, Abu Marthad and Az-Zubair, and all of us were riding horses, and said, "Go till you reach Raudat-Khakh where there is a pagan woman carrying a letter from Hatib bin Abi Balta' a to the pagans of Mecca." So we found her riding her camel at the place which Allah's Apostle had mentioned. We said (to her),"(Give us) the letter." She said, "I have no letter." Then we made her camel kneel down and we searched her, but we found no letter. Then we said, "Allah's Apostle had not told us a lie, certainly. Take out the letter, otherwise we will strip you naked." When she saw that we were determined, she put her hand below her waist belt, for she had tied her cloak round her waist, and she took out the letter, and we brought her to Allah's Apostle Then `Umar said, "O Allah's Apostle! (This Hatib) has betrayed Allah, His Apostle and the believers! Let me cut off his neck!" The Prophet asked Hatib, "What made you do this?" Hatib said, "By Allah, I did not intend to give up my belief in Allah and His Apostle but I wanted to have some influence among the (Mecca) people so that through it, Allah might protect my family and property. There is none of your companions but has some of his relatives there through whom Allah protects his family and property." The Prophet said, "He has spoken the truth; do no say to him but good." `Umar said, "He as betrayed Allah, His Apostle and the faithful believers. Let me cut off his neck!" The Prophet said, "Is he not one of the Badr warriors? May be Allah looked at the Badr warriors and said, 'Do whatever you like, as I have granted Paradise to you, or said, 'I have forgiven you."' On this, tears came out of `Umar's eyes, and he said, "Allah and His Apostle know better."

Malik said, "The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant, her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us."

Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her, her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him.

Malik said about a man who had intercourse with his son's or daughter's slave-girl, "The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives."

Yahya related to me from Malik from Ibn Shihab from Safwan ibn Abdullah ibn Safwan that it was said to Safwan ibn Umayya, "Whoever does not do hijra is ruined." So Safwan ibn Umayya went to Madina and slept in the mosque with his cloak as a pillow. A thief came and took his cloak and Safwan grabbed hold of the thief and brought him to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Did you steal this cloak?" He said, "Yes." So the Messenger of Allah, may Allah bless him and grant him peace, ordered that his hand be cut off. Safwan said to him, "I did not intend this. It is his as sadaqa." The Messenger of Allah, may Allah bless him and grant him peace, said, "Why didn't you do it before bringing him to me?"

A man passed by Allah's Apostle and the Prophet asked a man sitting beside him, "What is your opinion about this (passer-by)?" He replied, "This (passer-by) is from the noble class of people. By Allah, if he should ask for a lady's hand in marriage, he ought to be given her in marriage, and if he intercedes for somebody, his intercession will be accepted. Allah's Apostle kept quiet, and then another man passed by and Allah's Apostle asked the same man (his companion) again, "What is your opinion about this (second) one?" He said, "O Allah's Apostle! This person is one of the poor Muslims. If he should ask a lady's hand in marriage, no-one will accept him, and if he intercedes for somebody, no one will accept his intercession, and if he talks, no-one will listen to his talk." Then Allah's Apostle said, "This (poor man) is better than such a large number of the first type (i.e. rich men) as to fill the earth."

Allah's Apostle said, "Allah said, 'I will declare war against him who shows hostility to a pious worshipper of Mine. And the most beloved things with which My slave comes nearer to Me, is what I have enjoined upon him; and My slave keeps on coming closer to Me through performing Nawafil (praying or doing extra deeds besides what is obligatory) till I love him, so I become his sense of hearing with which he hears, and his sense of sight with which he sees, and his hand with which he grips, and his leg with which he walks; and if he asks Me, I will give him, and if he asks My protection (Refuge), I will protect him; (i.e. give him My Refuge) and I do not hesitate to do anything as I hesitate to take the soul of the believer, for he hates death, and I hate to disappoint him."

Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca that he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn Umar al-Ansari, both of the tribe of Banu Salami, had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave, and they were among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had died only the day before. One of them had been wounded, and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released, and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up.

Malik said, "There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put next to the qibla."

Once Malik bin Huwairith said to his friends, "Shall I show you how Allah's Apostle used to offer his prayers?" And it was not the time for any of the compulsory congregational prayers. So he stood up (for the prayer) bowed and said the Takbir, then he raised his head and remained standing for a while and then prostrated and raised his head for a while (sat up for a while). He prayed like our Sheikh `Amr Ibn Salama. (Aiyub said, "The latter used to do a thing which I did not see the people doing i.e. he used to sit between the third and the fourth rak`a). Malik bin Huwairith said, "We came to the Prophet (after embracing Islam) and stayed with him. He said to us, 'When you go back to your families, pray such and such a prayer at such and such a time, pray such and such a prayer at such and such a time, and when there is the time for the prayer then only of you should pronounce the Adhan for the prayer and the oldest of you should lead the prayer."