Whenever Allah's Apostle intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot fell. He also used to fix for everyone of his wives a day and a night, but Sauda bint Zam`a gave her day and night to `Aisha, the wife of the Prophet intending thereby to please Allah's Apostle.

Abu Dawud said: In a similar way it has been transmitted by al-Hakam from Mujahid from al-Mughirah.

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

A man seized his debtor who owed ten dinars to him. He said to him: I swear by Allah, I shall not leave you until you pay off (my debt) to me or bring a surety. The Prophet (saws) stood as a surety for him.

He then brought as much (money) as he promised. The Prophet (saws) asked: From where did you acquire this gold? He replied: From a mine. He said: We have no need of it; there is no good in it. Then the Messenger of Allah (saws) paid (the debt) on his behalf.

Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit until it had become mellow. He was asked, "Messenger ofAllah! What do you mean by become mellow?" He said, "When it becomes rosy."

The Messenger of Allah, may Allah bless him and grant him peace, added, "Allah may prevent the fruit from maturing, so how can you take payment from your brother for it."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that Umar ibn al-Khattab said, "Do not sell gold for gold except like for like. Do not increase part of it over another part. Do not sell silver for silver except like for like, and do not increase part of it over another part. Do not sell some of it which is there for some of it which is not. If someone asks you to wait for payment until he has been to his house, do not leave him. I fear rama for you." Rama is usury.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I was serving wine to Abu Ubayda ibn al-Jarrah and Abu Talha al-Ansari and Umayy ibn Kab. The wine had been prepared from crushed ripe dates and dried dates. Someone came to them and said, 'Wine has been made haram.' Abu Talha ordered me to go and take the jugs and break them. I stood up and went to a mortar of ours and I struck them with the bottom of it until they broke."

Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab was eating bread with ghee. He summoned one of the desert people and he began to eat and follow the grease in the dish with a morsel of bread. Umar said, "It is as if you were poor." He said, "By Allah. I have not eaten ghee nor have I seen food with it since such- and-such a time." Umar declared, "I shall not eat clarified butter until people are given life again like they were first given life," (i.e. on the Day of Rising.)

Malik related to me from a reliable source of his from Yaqub ibn Abdullah al-Ashajj from Bushr ibn Said from Sad ibn Abi Waqqas from Khawla bint Hakim that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever dismounts to rest in a place should say, 'I seek refuge with the complete words of Allah from the evil of what he created,' (audhu bi kalimati-llahi at-tammati min sharri ma khalaqa), and nothing will harm him until he remounts."

Malik related to us from Abdullah ibn Yazid the mawla of al-Aswad ibn Sufyan, from Abu Salama ibn Abd ar-Rahman from Muhammad ibn Abd ar-Rahman ibn Thawban from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the heat is fierce delay the prayer until it gets cooler, for scorching heat is a part of the blast of Jahannam."

He added, "The Fire complained to its Lord, so He allowed it two breaths in each year, a breath in winter and a breath in summer."

Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, left for Makka in Ramadan during the year of the conquest, and fasted until he reached al-Kadid. He then broke the fast, and so everyone else did so as well. What people used to do was act according to whatever the Messenger of Allah, may Allah bless him and grant him peace, had done most recently.

Marthad ibn Abdullah said: When AbuAyyub came upon us to fight the infidels and in those days Uqbah ibn Amir was the Governor of Egypt, he (Uqbah) delayed the sunset prayer. Hence AbuAyyub stood and said: What kind of prayer is this, Uqbah? He said: We were busy. He said: Did you not hear the Messenger of Allah (saws) say: My community will remain well, or he said: will remain on its natural condition, so long as it would not delay the evening prayer until the stars shine brightly just like a network.

After me you will come under rulers who will be detained from saying prayer at its proper time by (their) works until its time has run out, so offer prayer at its proper time. A man asked him: Messenger of Allah, may I offer prayer with them? He replied: Yes, if you wish (to do so).

Sufyan (another narrator through a different chain)said: May I offer prayer with them if I get it with them? He said: Yes, if you wish to do so.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Ash-Shafi'i said: "It is not lawful for one who confers something to take it back, except in the case of the father. He may take back what he gave his son" and he used this Hadith as proof.

And with this (same) chain, (it was reported) from the Prophet (saws) who said: "Indeed greater reward comes with greater trial. And indeed, when Allah loves a people He subjects them to trials, so whoever is content, then for him is pleasure, and whoever is discontent, then for him is wrath."

"A slave came to give the pledge to the Prophet (saws) for Hijrah, but the Prophet (saws) did not realize that he was a slave. So his master came, and the Prophet (saws) said: 'Sell him to me.' So he purchased him for two black slaves. After this he (saws) would not take the pledge from anyone until he asked him if he was a slave."

[He said:] There is something on this topic from Ibn 'Abbas.

[Abu 'Eisa said:] The Hadith of Jabir is Hasan Gharib Sahih, we do not know of it except as a narration of Abu Az-Zubair.

"Umar bin Al-Khattab sent An-Nu'man bin Muqarrin to Al-Hurmuzan." And he mentioned the Hadith in its entirety. An-Nu'man bin Muqarrin said: "I participated (in battles) with the Messenger of Allah (saw). So when he did not fight in the beginning if the daytime, he would wait until the sun passed the zenith, and the wind of victory would rage, and victory would descent upon them."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. 'Alqamah bin 'Abdullah (one of the narrators) is the brother of Bakr bin 'Abdullah Al-Muzani.

That the Messenger of Allah (saw) said: "The forelocks of horses contain good until the Day of Judgement. The horse is for three (purposes): It is for one man a reward, and it is for one man a shelter (from poverty), and it is from one man a burden. As for the one who acquires it for the cause of Allah and then prepares it for that; it is for him a reward, nothing disappears into its stomach except that Allah writes it for him as a reward."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Malik bin Anas narrated similar to this Hadith from Zaid bin Aslam from Abu Salih from Abu Hurairah, from the Prophet (saws).

`Umar expelled the Jews and the Christians from Hijaz. When Allah's Apostle had conquered Khaibar, he wanted to expel the Jews from it as its land became the property of Allah, His Apostle, and the Muslims. Allah's Apostle intended to expel the Jews but they requested him to let them stay there on the condition that they would do the labor and get half of the fruits. Allah's Apostle told them, "We will let you stay on thus condition, as long as we wish." So, they (i.e. Jews) kept on living there until `Umar forced them to go towards Taima' and Ariha'.

When a man from the Ansar quarreled with Az-Zubair, the Prophet said, "O Zubair! Irrigate (your land) first and then let the water flow (to the land of the others)." "On that the Ansari said, (to the Prophet), "It is because he is your aunt's son." On that the Prophet said, "O Zubair! Irrigate till the water reaches the walls between the pits around the trees and then stop (i.e. let the water go to the other's land)." I think the following verse was revealed concerning this event: "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65)

Abu Dawood said: Al-sha’bl, Abu Malik, Qatadah, and Thabit b. ‘Umarah said: The prophet( may peace be upon him) did not write”In the name of Allah, the compassionate, the merciful” until Surah al-naml was revealed. This is the meaning of what they said. Further, this is a mursal traditional(omitting the name of the companion)

Abu Dawud said: By sitting is meant sitting on the pulpit.

We went out with the Messenger of Allah (saws) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (saws) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (saws) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.

Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.

Abu dawud said: Ibn Wahb transmitted this tradition from Yunus on the authority of al-Zuhri, and in this version he said al-Laith has said: A woman committed theft during the lifetime of the Prophet (saws) on the occasion of the Conquest (of Mecca). It has been transmitted by al-Laith from Yunus on the authority of Ibn Shihab through his chain of narrators. He said in this version: A woman borrowed goods. Mas'ud bin al-Aswad also transmitted a similar tradition from the Prophet (saws) and said: A velvet was stolen from the house of the Messenger of Allah (saws).

Abu Dawud said: Abu al-Zubair reported on the authority of Jabir: A woman committed theft and took refuge with Zainab daughter of Prophet (saws).

That he went with Allah's Apostle to the house of Maimuna, who was his and Ibn `Abbas' aunt. He found with her a roasted mastigure which her sister Hufaida bint Al-Harith had brought from Najd. Maimuna presented the mastigure before Allah's Apostle who rarely started eating any (unfamiliar) food before it was described and named for him. (But that time) Allah's Apostle stretched his hand towards the (meat of the) mastigure whereupon a lady from among those who were present, said, "You should inform Allah's Apostle of what you have presented to him. O Allah's Apostle! It is the meat of a mastigure." (On learning that) Allah's Apostle withdrew his hand from the meat of the mastigure. Khalid bin Al-Walid said, "O Allah's Apostle! Is this unlawful to eat?" Allah's Apostle replied, "No, but it is not found in the land of my people, so I do not like it." Khalid said, "Then I pulled the mastigure (meat) towards me and ate it while Allah's Apostle was looking at me.

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

Malik said, "This is the best of what I have heard about the matter."

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

My Ansari neighbor from Bani Umaiya bin Zaid who used to live at `Awali Al-Medina and used to visit the Prophet by turns. He used to go one day and I another day. When I went I used to bring the news of that day regarding the Divine Inspiration and other things, and when he went, he used to do the same for me. Once my Ansari friend, in his turn (on returning from the Prophet), knocked violently at my door and asked if I was there." I became horrified and came out to him. He said, "Today a great thing has happened." I then went to Hafsa and saw her weeping. I asked her, "Did Allah's Apostle divorce you all?" She replied, "I do not know." Then, I entered upon the Prophet and said while standing, "Have you divorced your wives?" The Prophet replied in the negative. On that I said, "Allahu-Akbar (Allah is Greater)." (See Hadith No. 119, Vol. 3 for details)

A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile." He then addressed somebody, "O Unais! go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death.

The wife of Thabit ibn Qays separated herself from him for a compensation. The Prophet (saws) made her waiting period a menstrual course.

Abu Dawud said: This tradition has been transmitted by 'Abd al-Razzaq from Ma'mar from 'Amr b. Muslim from 'Ikrimah from the Prophet (saws) in a mursal form (i.e. missing the link of the Companion).