Malik was asked whether the tenth or the twentieth was taken out of olives before they were sold or after and he said, "The sale is not taken into consideration. It is the people who produce the olives that are asked about the olives, just as it is the people who produce foodstuffs that are asked about it, and zakat is taken from them by what they say. Someone who gets five awsuq or more of olives from his olive trees has a tenth taken from the oil after pressing. Whereas someone who does not get five awsuq from his trees does not have to pay any zakat on the oil."

Malik said, "Someone who sells his crops when they are ripe and are ready in the husk has to pay zakat on them but the one who buys them does not. The sale of crops is not valid until they are ready in the husk and no longer need water."

Malik said, concerning the word of Allah the Exalted, "And give its due on the day of its harvesting," that it referred to zakat, and that he had heard people saying that.

Malik said, "If someone sells his garden or his land, on which are crops or fruit which have not yet ripened, then it is the buyer who has to pay the zakat. If, however, they have ripened, it is the seller who has to pay the zakat, unless paying the zakat is one of the conditions of the sale."

Alaqah came to the Messenger of Allah (may peace be upon him) and embraced Islam. He then came back from him and passed some people who had a lunatic fettered in chains.

His people said: We are told that your companion has brought some good. Have you something with which you can cure him? I then recited Surat al-Fatihah and he was cured. They gave me one hundred sheep. I then came to the Messenger of Allah (saws) and informed him of it.

He asked: Is it only this? The narrator, Musaddad, said in his other version: Did you say anything other than this? I said: No. He said: Take it, for by my life, some accept if for a worthless chain, but you have done so for a genuine one.

Allah's Apostle forbade Al-Wisal (fasting continuously for more than one day without taking any meals). A man from the Muslims said, "But you do Al-Wisal, O Allah's Apostle!" Allah's Apostle I said, "Who among you is similar to me? I sleep and my Lord makes me eat and drink." When the people refused to give up Al-Wisal, the Prophet fasted along with them for one day, and did not break his fast but continued his fast for another day, and when they saw the crescent, the Prophet said, "If the crescent had not appeared, I would have made you continue your fast (for a third day)," as if he wanted to punish them for they had refused to give up Al-Wisal.

That the Prophet (saws) disliked Shikal in horses.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Shu'bah reported similarly from 'Abdullah bin Yazid Al-Khath'ami, from Abu Zur'ah (one of the narrators in the chain of this Hadith), from Abu Hurairah, from the Prophet (saws). Abu Zur'ah bin 'Amr bin Jarir's name is Harim.

Muhammed bin Hammad Ar-Razi narrated to us (he said): "Jarir narrated to us from 'Umarah bin Al-Qa'qa' who said: 'Ibrahim An-Nakha'i said to me: "When you narrate from me, then narrate from me from Abu Zur'ah, for one time he narrated a Hadith to me, then I asked him about it two years later, and he did not leave a letter out of it."

When we were with the Messenger of Allah (saws) on an expedition, he saw some people collected together over something and sent a man and said: See, what are these people collected around? He then came and said: They are round a woman who has been killed. He said: This is not one with whom fighting should have taken place. Khalid ibn al-Walid was in charge of the van; so he sent a man and said: Tell Khalid not to kill a woman or a hired servant.

Another chain reports a similar hadith.

Allah's Apostle said," (On the Day of Resurrection) any one whose account will be taken will be ruined (i.e. go to Hell)." I said, "O Allah's Apostle! May Allah make me be sacrificed for you. Doesn't Allah say: "Then as for him who will be given his record in his right hand, he surely will receive an easy reckoning.?" (84.7-8) He replied, "That is only the presentation of the accounts; but he whose record is questioned, will be ruined."

(This hadith is also narrated through two other chains)

Once `Abdullah bin Mas`ud delivered a sermon before us and said, "By Allah, I learnt over seventy Suras direct from Allah's Apostle . By Allah, the companions of the Prophet came to know that I am one of those who know Allah's Book best of all of them, yet I am not the best of them." Shaqiq added: I sat in his religious gathering and I did not hear anybody opposing him (in his speech).

I said to Jabir bin Zaid, "The people claim that Allah's Apostle forbade the eating of donkey's meat." He said, "Al-Hakam bin `Amr Al-Ghifari used to say so when he was with us, but Ibn `Abbas, the great religious learned man, refused to give a final verdict and recited:-- 'Say: I find not in that which has been inspired to me anything forbidden to be eaten by one who wishes to eat it, unless it be carrion, blood poured forth or the flesh of swine...' (6.145)

(One night) the Prophet woke up and said, "Subhan Allah ! How many treasures have been (disclosed) sent down! And how many afflictions have been descended! Who will go and wake the sleeping ladyoccupants up of these dwellings (for praying)?" (He meant by this his wives.) The Prophet added, "A well-dressed soul (person) in this world may be naked in the "Hereafter." `Umar said, "I asked the Prophet, 'Have you divorced your wives?' He said, 'No.' I said, 'Allahu Akbar.' "

I asked the Prophet (for some money) and he gave me, and then again I asked him and he gave me, and then again I asked him and he gave me and he then said, "This wealth is (like) green and sweet (fruit), and whoever takes it without greed, Allah will bless it for him, but whoever takes it with greed, Allah will not bless it for him, and he will be like the one who eats but is never satisfied. And the upper (giving) hand is better than the lower (taking) hand."

The Prophet said, "Protect yourself from the Fire." He then turned his face aside (as if he were looking at it) and said again, "Protect yourself from the Fire," and then turned his face aside (as if he were looking at it), and he said so for the third time till we thought he was looking at it. He then said, "Protect yourselves from the Fire, even if with one half of a date and he who hasn't got even this, (should do so) by (saying) a good, pleasant word.'

Regarding the Qur'anic Verse: 'O you who believe! You are forbidden to inherit women against their will.' (4.19) The custom (in the Pre-lslamic Period) was that if a man died, his relatives used to have the right to inherit his wife, and if one of them wished, he could marry her, or they could marry her to somebody else, or prevent her from marrying if they wished, for they had more right to dispose of her than her own relatives. Therefore this Verse was revealed concerning this matter.

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman that al-Qaqa ibn Hakim and Zayd ibn Aslam sent him to Said ibn al-Musayyab to ask how a woman who was bleeding as if menstruating should do ghusl. Said said, "She does a ghusl to cover from the end of one period to the end of the next, and does wudu for every prayer, and if bleeding overtakes her she should bind her private parts."

Yahya related to me from Malik from Ibrahim ibn Uqba from Kurayb the mawla of Abdullah ibn Abbas from Ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, passed a woman in a litter and it was said to her, "This is the Messenger of Allah, may Allah bless him and grant him peace," and she took the forearms of a young boy who was with her and said, "Does this one have a hajj, Messenger of Allah?" and he said, "Yes, and you have a reward."

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

I asked `Uthman bin `Affan about a person who engaged in intercourse but did no discharge. `Uthman replied, "He should perform ablution like the one for an ordinary prayer but he must wash his penis." `Uthman added, "I heard it from Allah's Apostle." I asked `Ali Az-Zubair, Talha and Ubai bin Ka`b about it and they, too, gave the same reply. (This order was canceled later on and taking a bath became necessary for such cases).

"Allah's Apostle in his fatal illness came out with a piece of cloth tied round his head and sat on the pulpit. After thanking and praising Allah he said, "There is no one who had done more favor to me with life and property than Abu Bakr bin Abi Quhafa. If I were to take a Khalil, I would certainly have taken Abu- Bakr but the Islamic brotherhood is superior. Close all the small doors in this mosque except that of Abu Bakr."

Once the Prophet (p.b.u.h) led the fear prayer and the people stood behind him. He said Takbir (Allahu-Akbar) and the people said the same. He bowed and some of them bowed. Then he prostrated and they also prostrated. Then he stood for the second rak`a and those who had prayed the first rak`a left and guarded their brothers. The second party joined him and performed bowing and prostration with him. All the people were in prayer but they were guarding one another during the prayer.

Kabshah, daughter of Ka'b ibn Malik and wife of Ibn AbuQatadah, reported: AbuQatadah visited (me) and I poured out water for him for ablution. A cat came and drank some of it and he tilted the vessel for it until it drank some of it. Kabshah said: He saw me looking at him; he asked me: Are you surprised, my niece? I said: Yes. He then reported the Messenger of Allah (saws) as saying: It is not unclean; it is one of those (males or females) who go round among you.

Abu Huraira reported that Allah's Messenger (may peace be upon him) gave judgment in case of the abortion of a woman of Banu Lihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allah's Messenger (may peace be upon him) gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her).

From one who heard the Prophet (saws) saying: "If you suffer a surprise attack from the enemy then say: 'Ha Min, they will not be victorious.'"

[Abu 'Eisa said:] There is something on this topic from Salamah bin Al-Akwa'. This is how some of them reported it from Abu Ishaq, the same as the narration of Ath-Thawri. And it has been reported from him, from Al-Muhallab bin Abi Sufrah from the Prophet (saws) in Mursal form.

A drink (milk mixed with water) was brought to the Prophet who drank some of it while a boy was sitting on his right and old men on his left. The Prophet said to the boy, "If you permit me, I'll give (the rest of the drink to) these old men first." The boy said, "I will not give preference to any one over me as regards my share from you, O Allah's Apostle!" The Prophet then put that container in the boy's hand. (See Hadith No. 541).

Allah's Apostle said, "I saw (in a dream) the people assembled in a gathering, and then Abu Bakr got up and drew one or two buckets of water (from a well) but there was weakness in his drawing. May Allah forgive him. Then `Umar took the bucket and in his hands it turned into a very large bucket. I had never seen anyone amongst: the people who could draw the water as strongly as `Umar till all the people drank their fill and watered their camels that knelt down there.

Zainab, the wife of `Abdullah said, "I was in the Mosque and saw the Prophet (p.b.u.h) saying, 'O women ! Give alms even from your ornaments.' " Zainab used to provide for `Abdullah and those orphans who were under her protection. So she said to `Abdullah, "Will you ask Allah's Apostle whether it will be sufficient for me to spend part of the Zakat on you and the orphans who are under my protection?" He replied "Will you yourself ask Allah's Apostle ?" (Zainab added): So I went to the Prophet and I saw there an Ansari woman who was standing at the door (of the Prophet ) with a similar problem as mine. Bilal passed by us and we asked him, 'Ask the Prophet whether it is permissible for me to spend (the Zakat) on my husband and the orphans under my protection.' And we requested Bilal not to inform the Prophet about us. So Bilal went inside and asked the Prophet regarding our problem. The Prophet (p.b.u.h) asked, "Who are those two?" Bilal replied that she was Zainab. The Prophet said, "Which Zainab?" Bilal said, "The wife of `Abdullah (bin Mas`ud)." The Prophet said, "Yes, (it is sufficient for her) and she will receive a double rewards (for that): One for helping relatives, and the other for giving Zakat."

Sa'id said that when Abu Idris Khaulini narrated this hadith he knelt upon his knees.

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."

Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."

Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "

Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."

Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."

Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."

Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "

That he was sitting behind `Umar bin `Abdul `Aziz and the people mentioned and mentioned (about at-Qasama) and they said (various things), and said that the Caliphs had permitted it. `Umar bin `Abdul `Aziz turned towards Abu Qilaba who was behind him and said. "What do you say, O `Abdullah bin Zaid?" or said, "What do you say, O Abu Qilaba?" Abu Qilaba said, "I do not know that killing a person is lawful in Islam except in three cases: a married person committing illegal sexual intercourse, one who has murdered somebody unlawfully, or one who wages war against Allah and His Apostle." 'Anbasa said, "Anas narrated to us such-and-such." Abu Qilaba said, "Anas narrated to me in this concern, saying, some people came to the Prophet and they spoke to him saying, 'The climate of this land does not suit us.' The Prophet said, 'These are camels belonging to us, and they are to be taken out to the pasture. So take them out and drink of their milk and urine.' So they took them and set out and drank of their urine and milk, and having recovered, they attacked the shepherd, killed him and drove away the camels.' Why should there be any delay in punishing them as they murdered (a person) and waged war against Allah and His Apostle and frightened Allah's Apostle ?" Anbasa said, "I testify the uniqueness of Allah!" Abu Qilaba said, "Do you suspect me?" 'Anbasa said, "No, Anas narrated that (Hadith) to us." Then 'Anbasa added, "O the people of such-and-such (country), you will remain in good state as long as Allah keeps this (man) and the like of this (man) amongst you."

Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash`ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O `Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or `Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu`adh bin Jabal after him and when Mu`adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Muisa. Mu`adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Muisa requested Mu`adh to sit down but Mu`adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'"

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

`Umar bin Al-Khattab saw a silken cloak (being sold) at the gate of the Mosque and said to Allah's Apostle, "I wish you would buy this to wear on Fridays and also on occasions of the arrivals of the delegations." Allah's Apostle replied, "This will be worn by a person who will have no share (reward) in the Hereafter." Later on similar cloaks were given to Allah's Apostle and he gave one of them to `Umar bin Al-Khattab. On that `Umar said, "O Allah's Apostle! You have given me this cloak although on the cloak of Atarid (a cloak merchant who was selling that silken cloak at the gate of the mosque) you passed such and such a remark." Allah's Apostle replied, "I have not given you this to wear". And so `Umar bin Al-Khattab gave it to his pagan brother in Mecca to wear.

Two persons, a Muslim and a Jew, quarreled. The Muslim said, "By Him Who gave Muhammad superiority over all the people! The Jew said, "By Him Who gave Moses superiority over all the people!" At that the Muslim raised his hand and slapped the Jew on the face. The Jew went to the Prophet and informed him of what had happened between him and the Muslim. The Prophet sent for the Muslim and asked him about it. The Muslim informed him of the event. The Prophet said, "Do not give me superiority over Moses, for on the Day of Resurrection all the people will fall unconscious and I will be one of them, but I will. be the first to gain consciousness, and will see Moses standing and holding the side of the Throne (of Allah). I will not know whether (Moses) has also fallen unconscious and got up before me, or Allah has exempted him from that stroke."

I went to Allah's Apostle while he was at Khaibar after it had fallen in the Muslims' hands. I said, "O Allah's Apostle! Give me a share (from the land of Khaibar)."

One of the sons of Sa'id bin Al-'As said, "O Allah's Apostle! Do not give him a share." I said, "This is the murderer of Ibn Qauqal." The son of Said bin Al-As said, "Strange! A Wabr (i.e. guinea pig) who has come down to us from the mountain of Qaduim (i.e. grazing place of sheep) blames me for killing a Muslim who was given superiority by Allah because of me, and Allah did not disgrace me at his hands (i.e. was not killed as an infidel)." (The sub-narrator said "I do not know whether the Prophet gave him a share or not.")