Yahya related to me from Malik that he had heard that Umar ibn al-Khattab and AIi ibn Abi Talib and Abu Hurayra were asked about a man who had intercourse with his wife while he was in ihram on hajj. They said, "The two of them should carry on and complete their hajj. Then they must do hajj again in another year, and sacrifice an animal."

Malik added that AIi ibn Abi Talib said, "When they then go into ihram for hajj in a future year they should keep apart until they have completed their hajj."

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and later asked him about her. He said, "I intended to give her to my son to do such-and-such with her." Abd al-Malik said, "Marwan was more scrupulous than you. He gave a slave-girl to his son, and then he said, 'Do not go near her, for I have seen her leg uncovered .' "

Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al- Aziz said, "Even if divorce had to be declared a thousand times, the'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit."

ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man."

Malik said, "He meant that the same conditions were applied in both cases."

Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. "

Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.

Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah's Messenger (may peace be upon him) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint Qais.

Someone came to Ibn `Umar and said, "Here is Allah's Apostle entering the Ka`ba." Ibn `Umar said, "I went there but the Prophet had come out of the Ka`ba and I found Bilal standing between its two doors. I asked Bilal, 'Did the Prophet pray in the Ka`ba?' Bilal replied, 'Yes, he prayed two rak`at between the two pillars which are to your left on entering the Ka`ba. Then Allah's Apostle came out and offered a two-rak`at prayer facing the Ka`ba.' "

Musa bin `Uqba said, "I saw Salim bin `Abdullah looking for some places on the way and prayed there. He narrated that his father used to pray there, and had seen the Prophet praying at those very places." Narrated Nafi` on the authority of Ibn `Umar who said, "I used to pray at those places." Musa the narrator added, "I asked Salim on which he said, 'I agree with Nafi` concerning those places, except the mosque situated at the place called Sharaf Ar-Rawha."

`Abdullah bin `Umar said, "Allah's Apostle entered the Ka`ba along with Usama bin Zaid, Bilal and `Uthman bin Talha Al-Hajabi and closed the door and stayed there for some time. I asked Bilal when he came out, 'What did the Prophet do?' He replied, 'He offered prayer with one pillar to his left and one to his right and three behind.' In those days the Ka`ba was supported by six pillars." Malik said: "There were two pillars on his (the Prophet's) right side."

A funeral procession passed and the people praised the deceased. The Prophet said, "It has been affirmed to him." Then another funeral procession passed and the people spoke badly of the deceased. The Prophet said, "It has been affirmed to him". `Umar bin Al-Khattab asked (Allah's Apostle (p.b.u.h) ), "What has been affirmed?" He replied, "You praised this, so Paradise has been affirmed to him; and you spoke badly of this, so Hell has been affirmed to him. You people are Allah's witnesses on earth."

Some of the wives of the Prophet asked him, "Who amongst us will be the first to follow you (i.e. die after you)?" He said, "Whoever has the longest hand." So they started measuring their hands with a stick and Sauda's hand turned out to be the longest. (When Zainab bint Jahsh died first of all in the caliphate of `Umar), we came to know that the long hand was a symbol of practicing charity, so she was the first to follow the Prophet and she used to love to practice charity. (Sauda died later in the caliphate of Muawiya).

We got down at Al-Muzdalifa and Sauda asked the permission of the Prophet to leave (early) before the rush of the people. She was a slow woman and he gave her permission, so she departed (from Al- Muzdalifa) before the rush of the people. We kept on staying at Al-Muzdalifa till dawn, and set out with the Prophet but (I suffered so much that) I wished I had taken the permission of Allah's Apostle as Sauda had done, and that would have been dearer to me than any other happiness.

Ibn `Abbas said, "Allah's Apostle set out from Medina to Mecca and he fasted till he reached 'Usfan, where he asked for water and raised his hand to let the people see him, and then broke the fast, and did not fast after that till he reached Mecca, and that happened in Ramadan." Ibn `Abbas used to say, "Allah's Apostle (sometimes) fasted and (sometimes) did not fast during the journeys so whoever wished to fast could fast, and whoever wished not to fast, could do so."

Safiya went to the Prophet while he was in I`tikaf. When she returned, the Prophet accompanied her walking. An Ansari man saw him. When the Prophet noticed him, he called him and said, "Come here. She is Safiya. (Sufyan a sub-narrator perhaps said that the Prophet had said, "This is Safiya"). And Satan circulates in the body of Adam's offspring as his blood circulates in it." (A sub-narrator asked Sufyan, "Did Safiya visit him at night?" He said, "Of course, at night.")

That Messenger of Allah (saws) said: "When one of you eats, then let him lick his fingers, for indeed he does not know in which of them is the blessing."

He said: There are narrations on this topic from Jabir, Ka'b bin Malik, and Anas.

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from this route, as a narration of Suhail. I asked Muhammad about this Hadith, so he said: "This is among the diverse narrations of 'Abdul-'Aziz, we do not know of it except from his narration."

AbuGhutayf al-Hudhali reported: I was in the company of Ibn Umar. When the call was made for the noon (zuhr) prayer, he performed ablution and said the prayer. When the call for the afternoon ('asr) prayer was made, he again performed ablution. Thus I asked him (about the reason of performing ablution). He replied: The Messenger of Allah (saws) said: For a man who performs ablution in a state of purity, ten virtuous deeds will be recorded (in his favour).

AbuDawud said: This is the tradition narrated by Musaddad, and it is more perfect.

In the time of the Messenger of Allah (saws) there was a woman who had an issue of blood. So Umm Salamah asked the Messenger of Allah (saws) to give a decision about her. He said: She should consider the number of nights and days during which she used to menstruate each month before she was afflicted with this trouble and abandon prayer during that period each month. When those days and nights are over, she should take a bath, tie a cloth over her private parts and pray.

Shurayh ibn Hani said: I asked Aisha about the prayer of the Messenger of Allah (saws). She said: The Messenger of Allah (saws) never offered the night prayer and thereafter came to me but he offered four or six rak'ahs of prayer. One night the rain fell, so we spread a piece of leather (for his prayer), and now I see as if there is a hole in it from which the water is flowing. I never saw him protecting his clothes from the earth (as he did on that occasion).

That Fatimah came to Abu Bakr and 'Umar may Allah be pleased with them both, to ask them about her inheritance from the Messenger of Allah (saws). They said: "We heard the Messenger of Allah (saws) say: 'I am not inherited from.'" So she said: 'By Allah! I will never talk to you two again.' So she died having not talked to them."

'Ali bin 'Eisa said: "The meaning of not speaking to you two is: 'Never again regarding this inheritance, because you two are truthful.'"

"The Messenger of Allah (saws) positioned us during the night at Badr."

[Abu 'Eisa said:] There is something on this topic from Abu Ayyub.

This Hadith is Gharib, we do not know of it except from this route. I asked Muhammad bin Isma'il about this Hadith, but he did not know it, and he said: "Muhammad bin Ishaq heard from 'Ikrimah." And when I saw him, he had a good opinion about Muhammad bin Humaid Ar-Razi, then he considered him weak later.

Abu Huraira reported that a man came to Allah's Messenger (may peace be upon him) so that he should entertain him as a guest, but he had nothing with which he could entertain him. He, therefore, asked if there was any person who would entertain him (assuring the audience) that Allah would show mercy to him. A person from the Ansar who was called Abu Talha stood up and he took him to his house. The rest of the hadith is the same and mention is (also) made in that about the revelation of the verse as narrated by Waki'.

Allah's Apostle appointed somebody as a governor of Khaibar. That governor brought to him an excellent kind of dates (from Khaibar). The Prophet asked, "Are all the dates of Khaibar like this?" He replied, "By Allah, no, O Allah's Apostle! But we barter one Sa of this (type of dates) for two Sas of dates of ours and two Sas of it for three of ours." Allah's Apostle said, "Do not do so (as that is a kind of usury) but sell the mixed dates (of inferior quality) for money, and then buy good dates with that money."

I heard Allah's Apostle, in the year of the Conquest of Mecca, saying, "Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols." The people asked, "O Allah's Apostle! What about the fat of dead animals, for it was used for greasing the boats and the hides; and people use it for lights?" He said, "No, it is illegal." Allah's Apostle further said, "May Allah curse the Jews, for Allah made the fat (of animals) illegal for them, yet they melted the fat and sold it and ate its price."

Ibn `Umar used to rent his farms in the time of Abu Bakr, `Umar, `Uthman, and in the early days of Muawiya. Then he was told the narration of Rafi` 'bin Khadij that the Prophet had forbidden the renting of farms. Ibn `Umar went to Rafi` and I accompanied him. He asked Rafi` who replied that the Prophet had forbidden the renting of farms. Ibn `Umar said, "You know that we used to rent our farms in the lifetime of Allah's Apostle for the yield of the banks of the water streams (rivers) and for certain amount of figs.

A tumbler (full of milk or water) was brought to the Prophet who drank from it, while on his right side there was sitting a boy who was the youngest of those who were present and on his left side there were old men. The Prophet asked, "O boy, will you allow me to give it (i.e. the rest of the drink) to the old men?" The boy said, "O Allah's Apostle! I will not give preference to anyone over me to drink the rest of it from which you have drunk." So, the Prophet gave it to him.

Once a tumbler (full of milk or water) was brought to Allah's Apostle who drank from it, while on his right side there was sitting a boy who was the youngest of those who were present, and on his left side there were old men. The Prophet asked, "O boy ! Do you allow me to give (the drink) to the elder people (first)?" The boy said, "I will not prefer anybody to have my share from you, O Allah's Apostle!" So, he gave it to the boy.

I heard `Imran bin Husain saying, "The Prophet said, 'The best people are those living in my generation, then those coming after them, and then those coming after (the second generation)." `Imran said "I do not know whether the Prophet mentioned two or three generations after your present generation. The Prophet added, 'There will be some people after you, who will be dishonest and will not be trustworthy and will give witness (evidences) without being asked to give witness, and will vow but will not fulfill their vows, and obesity will appear among them."

The Prophet said, "Whoever takes a false oath in order to grab another man's (or his brother's) property, then Allah will be angry with him when he will meet him." Then Allah confirmed this by revealing the Divine Verse: "Verily! Those who purchase a little gain at the cost of Allah's Covenant and their oaths . . . Will get painful punishment." (3.77) Al-Ash'ath met me and asked, "What did `Abdullah tell you today?" I said, "So and so." He said, "The Verse was revealed regarding my case."

We set out in the company of Allah's Apostle five days before the end of Dhul Qa'da intending to perform Hajj only. When we approached Mecca Allah's Apostle ordered those who did not have the Hadi (i.e. an animal for sacrifice) with them, to perform the Tawaf around the Ka`ba, and between Safa and Marwa and then finish their Ihram. Beef was brought to us on the day of (i.e. the days of slaughtering) and I asked, "What is this?" Somebody said, Allah's Apostle has slaughtered (a cow) on behalf of his wives."

`Umar came to the Mosque while Hassan was reciting a poem. (`Umar disapproved of that). On that Hassan said, "I used to recite poetry in this very Mosque in the presence of one (i.e. the Prophet ) who was better than you." Then he turned towards Abu Huraira and said (to him), "I ask you by Allah, did you hear Allah's Apostle saying (to me), "Retort on my behalf. O Allah! Support him (i.e. Hassan) with the Holy Spirit?" Abu Huraira said, "Yes."

I asked Ibn `Amr bin Al-As, "Tell me of the worst thing which the pagans did to the Prophet." He said, "While the Prophet was praying in the Hijr of the Ka`ba; `Uqba bin Abi Mu'ait came and put his garment around the Prophet's neck and throttled him violently. Abu Bakr came and caught him by his shoulder and pushed him away from the Prophet and said, "Do you want to kill a man just because he says, 'My Lord is Allah?' "

I went out in the company of the Prophet in the year of Khaibar, and when we reached As Sahba' which is the lower part of Khaibar, the Prophet offered the `Asr prayer and then asked the people to collect the journey food. Nothing was brought but Sawiq which the Prophet ordered to be moistened with water, and then he ate it and we also ate it. Then he got up to offer the Maghrib prayer. He washed his mouth, and we too washed our mouths, and then he offered the prayer without repeating his abulution.

He (Abu Dawud) said : The version of this tradition reported by Bishr has the chain: Humaid reported from Bakr.

Abu Dawud said: The narrator Abu Salih made a mention of the narrator Ishaq, the client of Za'idah between him and Abu Hurairah. He said: The tradition of Mus'ab is weak. It contains many things that are not practised.

Abu Dawud said : Ahmad (b. Hanbal) said: It is pleasing to me that one should recite in the obligatory prayer those supplications which have occurred in the Quran.

Allah 's Apostle said, "Allah has some angels who look for those who celebrate the Praises of Allah on the roads and paths. And when they find some people celebrating the Praises of Allah, they call each other, saying, "Come to the object of your pursuit.' " He added, "Then the angels encircle them with their wings up to the sky of the world." He added. "(after those people celebrated the Praises of Allah, and the angels go back), their Lord, asks them (those angels)----though He knows better than them----'What do My slaves say?' The angels reply, 'They say: Subhan Allah, Allahu Akbar, and Alham-du-li l-lah, Allah then says 'Did they see Me?' The angels reply, 'No! By Allah, they didn't see You.' Allah says, How it would have been if they saw Me?' The angels reply, 'If they saw You, they would worship You more devoutly and celebrate Your Glory more deeply, and declare Your freedom from any resemblance to anything more often.' Allah says (to the angels), 'What do they ask Me for?' The angels reply, 'They ask You for Paradise.' Allah says (to the angels), 'Did they see it?' The angels say, 'No! By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it, they would have greater covetousness for it and would seek It with greater zeal and would have greater desire for it.' Allah says, 'From what do they seek refuge?' The angels reply, 'They seek refuge from the (Hell) Fire.' Allah says, 'Did they see it?' The angels say, 'No By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it they would flee from it with the extreme fleeing and would have extreme fear from it.' Then Allah says, 'I make you witnesses that I have forgiven them."' Allah's Apostle added, "One of the angels would say, 'There was so-and-so amongst them, and he was not one of them, but he had just come for some need.' Allah would say, 'These are those people whose companions will not be reduced to misery.' "

[Al-Bukhari and Muslim].

In another narration, Jabir (May Allah be pleased with him) said: We accompanied Messenger of Allah (PBUH) in the campaign of Dhat-ur-Riqa`. We left Messenger of Allah (PBUH) to take rest under a shady tree. One of the polytheists came to him. The sword of Messenger of Allah (PBUH) was hanging on a tree. He drew it and said: "Are you afraid of me?'' Messenger of Allah (PBUH) said, "No". Then he said: "Who will then protect you from me?'' Messenger of Allah (PBUH) replied, "Allah".

And in a narration of Abu Bakr Al-Isma`ili, the polytheist asked: "Who will protect you from me?'' Messenger of Allah (PBUH) replied, "Allah.'' As soon as he said this, the sword fell down from his hand and Messenger of Allah (PBUH) catching the sword, asked him, "Who will protect you from me.'' He said, "Please forgive me.'' Messenger of Allah (PBUH) said, "On condition you testify that there is none worthy of worship but Allah and that I am His Messenger.'' He said, "No, but I promise you that I shall not fight against you, nor shall I be with those who fight with you". The Prophet (PBUH) let him go. He then went back to his companions and said: "I have come to you from one of the best of mankind".

The news of the migration of the Prophet (from Mecca to Medina) reached us while we were in Yemen. So we set out as emigrants towards him. We were (three) I and my two brothers. I was the youngest of them, and one of the two was Abu Burda, and the other, Abu Ruhm, and our total number was either 53 or 52 men from my people. We got on board a boat and our boat took us to Negus in Ethiopia. There we met Ja`far bin Abi Talib and stayed with him. Then we all came (to Medina) and met the Prophet at the time of the conquest of Khaibar. Some of the people used to say to us, namely the people of the ship, "We have migrated before you." Asma' bint 'Umais who was one of those who had come with us, came as a visitor to Hafsa, the wife the Prophet . She had migrated along with those other Muslims who migrated to Negus. `Umar came to Hafsa while Asma' bint 'Umais was with her. `Umar, on seeing Asma,' said, "Who is this?" She said, "Asma' bint 'Umais," `Umar said, "Is she the Ethiopian? Is she the sea-faring lady?" Asma' replied, "Yes." `Umar said, "We have migrated before you (people of the boat), so we have got more right than you over Allah's Apostle " On that Asma' became angry and said, "No, by Allah, while you were with Allah's Apostle who was feeding the hungry ones amongst you, and advised the ignorant ones amongst you, we were in the far-off hated land of Ethiopia, and all that was for the sake of Allah's Apostle . By Allah, I will neither eat any food nor drink anything till I inform Allah's Apostle of all that you have said. There we were harmed and frightened. I will mention this to the Prophet and will not tell a lie or curtail your saying or add something to it."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

From his father who said: "When the Messenger of Allah (sawS) sent a commander of an army, he would exhort him concerning himself to have Taqwa of Allah, and he would exhort him to be good to those who are with him among the Muslims. He would say: 'Fight in the Name of Allah, in the cause of Allah. Fight those who disbelieve in Allah, and do not steal from the spoils of war or be treacherous, nor mutilate, and do not kill a child. When you meet your enemy among the idolaters, then call them to one of the three options or choices, whichever of them they respond to then accept it from them, and refrain from them. Call them to Islam, and to relocate from their land to the land of Emigrants. Inform them that if they do that, then they will have similar to what those who emigrated have, and from them will be required similar to what is required from those who have emigrated. And if they refuse to relocate, then inform them that they will be like the Bedouins among the Muslim, and they will be treated the same as Bedouins are treated. There is no war spoils or Fay' for them, unless they fight along with the Muslims. If they refuse then seek aid from Allah against them and fight them. And if you lay siege to a fortress and they want you to grant them covenant from Allah and a covenant of His Prophet, then do not grant them the covenant of Allah nor the covenant of His Prophet. Rather grant them your own covenant and the covenant of your companions, it will be better than breaking Allah's covenant and the covenant of His Messenger. And if you lay siege to the people of a fortress and they want you to lift the siege for negotiating upon the judgement of Allah, then do not stop, but rather make them surrender to your judgement, for you do not know if you will come upon the judgement of Allah regarding them or not.' Or similar to that."

[Abu 'Eisa said:] There is something on this topic from An-Nu'man bin Muqarrin, and the Hadith of Buraidah is a Hasan Sahih Hadith

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”

Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”

Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

We went out with Allah's Apostle to Khaibar and we travelled during the night. A man amongst the people said to 'Amir bin Al-Aqwa', "Won't you let us hear your poetry?" 'Amir was a poet, and so he got down and started (chanting Huda) reciting for the people, poetry that keep pace with the camel's foot steps, saying, "O Allah! Without You we would not have been guided on the right path, neither would we have given in charity, nor would we have prayed. So please forgive us what we have committed. Let all of us be sacrificed for Your cause and when we meet our enemy, make our feet firm and bestow peace and calmness on us and if they (our enemy) will call us towards an unjust thing we will refuse. The infidels have made a hue and cry to ask others help against us. Allah's Apostle said, "Who is that driver (of the camels)?" They said, "He is 'Amir bin Al-Aqwa."' He said, "May Allah bestow His mercy on him." A man among the people said, Has Martyrdom been granted to him, O Allah's Prophet! Would that you let us enjoy his company longer." We reached (the people of) Khaibar and besieged them till we were stricken with severe hunger but Allah helped the Muslims conquer Khaibar. In the evening of its conquest the people made many fires. Allah's Apostle asked, "What are those fires? For what are you making fires?" They said, "For cooking meat." He asked, "What kind of meat?" They said, "Donkeys' meat." Allah's Apostle said, "Throw away the meat and break the cooking pots." A man said, O Allah's Apostle! Shall we throw away the meat and wash the cooking pots?" He said, "You can do that too." When the army files aligned in rows (for the battle), 'Amir's sword was a short one, and while attacking a Jew with it in order to hit him, the sharp edge of the sword turned back and hit 'Amir's knee and caused him to die. When the Muslims returned (from the battle), Salama said, Allah's Apostle saw me pale and said, 'What is wrong with you?"' I said, "Let my parents be sacrificed for you! The people claim that all the deeds of Amir have been annulled." The Prophet asked, "Who said so?" I replied, "So-and-so and soand- so and Usaid bin Al-Hudair Al-Ansari said, 'Whoever says so is telling a lie. Verily, 'Amir will have double reward."' (While speaking) the Prophet put two of his fingers together to indicate that, and added, "He was really a hard-working man and a Mujahid (devout fighter in Allah's Cause) and rarely have there lived in it (i.e., Medina or the battle-field) an "Arab like him."

Qatadah (the Tabi'ee in the chain) would narrate after this hadith that Anas (ra) said "Those who said 'La illaha illa Allah' (there is no god except Allah) and had the weight of a grain of barley in good in his heart will come out of the Fire, and those who said 'La illaha illa Allah' and had a weight of a grain of wheat in good in his heart will come out of the Fire, and those who said 'La illaha illa Allah' and had a weight of a grain of dust in good in his heart will come out of the Fire."