Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and- so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."

Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this.

Malik said, "If a man's testimony is in agreement with what the woman testified to, that so- and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."

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 ."

We paid a visit to Khabbab who was sick, and he said, "We migrated with the Prophet for Allah's Sake and our wages became due on Allah. Some of us died without having received anything of the wages, and one of them was Mus`ab bin `Umar, who was martyred on the day of the battle of Uhud, leaving only one sheet (to shroud him in). If we covered his head with it, his feet became uncovered, and if we covered his feet with it, his head became uncovered. So the Prophet ordered us to cover his head with it and put some Idhkhir (a kind of grass) over his feet. On the other hand, some of us have had the fruits (of our good deed) and are plucking them (in this world).

Umar bin Khattab got some land in Khaibar and he went to the Prophet to consult him about it saying, "O Allah's Apostle I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet said, "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future."

In the lifetime of Allah's Apostle , `Umar gave in charity some of his property, a garden of date-palms called Thamgh. `Umar said, "O Allah's Apostle! I have some property which I prize highly and I want to give it in charity." The Prophet; said, "Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity." So `Umar gave it in charity, and it was for Allah's Cause, the emancipation of slaves, for the poor, for guests, for travelers, and for kinsmen. The person acting as its administrator could eat from it reasonably and fairly, and could let a friend of his eat from it provided he had no intention of becoming wealthy by its means.

We visited Khabbaba who said, "We migrated with the Prophet for Allah's Sake, so our reward became due and sure with Allah. Some of us passed away without taking anything of their rewards (in this world) and one of them was Mus`ab bin `Umar who was martyred on the day (of the battle) of Uhud leaving a striped woolen cloak. When we covered his head with it, his feet became naked, and when covered his feet, his head became naked. So Allah's Apostle ordered us to cover his head and put some Idhkhir (i.e. a special kind of grass) on his feet. (On the other hand) some of us have had their fruits ripened (in this world) and they are collecting them."

We migrated with Allah's Apostle seeking Allah's Countenance, so our rewards became due and sure with Allah. Some of us passed away without eating anything of their rewards in this world. One of these was Mus`ab bin `Umar who was martyred on the day of the battle of Uhud. We did not find anything to shroud his body with except a striped cloak. When we covered his head with it, his feet remained uncovered, and when we covered his feet with it, his head remained uncovered. So Allah's Apostle ordered us to cover his head with it and put some Idhkhir (i.e. a kind of grass) over his feet. And there are some amongst us whose fruits have ripened and they are collecting them (i.e. they have received their rewards in this world).

We migrated with the Prophet for Allah's Cause, so our reward became due with Allah. Some of us passed away (i.e. died) without enjoying anything from their reward, and one of them was Mus`ab bin `Umar who was killed (i.e. martyred) on the day of Uhud. He did not leave behind except a sheet of striped woolen cloth. If we covered his head with it, his feet became naked, and if we covered his feet with it, his head became naked. The Prophet said to us, "Cover his head with it and put Idhkhir (i.e. a kind of grass) over his feet," or said, "Put some Idhkhir over his feet." But some of us have got their fruits ripened, and they are collecting them.

I suffered from drought; so I entered a garden of Medina, and rubbed an ear-corn. I ate and carried in my garment. Then its master came, he beat me and took my garment. He came to the Messenger of Allah (saws) who said to him: You did not teach him if he was ignorant; and you did not feed him if he was hungry. He ordered him, so he returned my garment to me, and gave me one or half a wasq (sixty or thirty sa's) of corn.

The Messenger of Allah (saws) sent an expedition to Khath'am. Some people sought protection by having recourse to prostration, and were hastily killed. When the Prophet (saws) heard that, he ordered half the blood-wit to be paid for them, saying: I am not responsible for any Muslim who stays among polytheists. They asked: Why, Messenger of Allah? He said: Their fires should not be visible to one another.

Abu Dawud said: Hushaim, Ma'mar, Khalid b. al-Wasiti and a group of narrators have also narrated it, but did not mention Jarir.

Yahya related to me from Malik from Yahya ibn Said that he had heard that Muawiya ibn Abi Sufyan wrote to Zayd ibn Thabit asking him about the grandfather. Zayd ibn Thabit wrote to him, "You have written to me asking me about the grandfather. Allah knows best. That is part of what is only determined by the amirs, i.e. the khalifs. I was present with two khalifs before you who gave the grandfather a half with one sibling, and a third with two. If there were more siblings, they did not decrease his third."

The Prophet left Medina (for Mecca) in the company of ten-thousand (Muslim warriors) in (the month of) Ramadan, and that was eight and a half years after his migration to Medina. He and the Muslims who were with him, proceeded on their way to Mecca. He was fasting and they were fasting, but when they reached a place called Al-Kadid which was a place of water between 'Usfan and Kudaid, he broke his fast and so did they. (Az-Zuhri said, "One should take the last action of Allah's Apostle and leave his early action (while taking a verdict.")

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

When we were ordered to give alms, we began to work as porters (to earn something we could give in charity). Abu `Aqil came with one half of a Sa` (special measure for food grains) and another person brought more than he did. So the hypocrites said, "Allah is not in need of the alms of this (i.e. Abu `Aqil); and this other person did not give alms but for showing off." Then Allah revealed:-- 'Those who criticize such of the Believers who give charity voluntarily and those who could not find to give in charity except what is available to them.' (9.79)

I sat with Ka`b bin 'Ujra and asked him about the Fidya. He replied, "This revelation was revealed concerning my case especially, but it is also for you in general. I was carried to Allah's Apostle and the lice were falling in great number on my face. The Prophet said, "I have never thought that your ailment (or struggle) has reached to such an extent as I see. Can you afford a sheep?" I replied in the negative. He then said, "Fast for three days, or feed six poor persons each with half a Sa of food." (1 Sa = 3 Kilograms approx.)

Allah's Apostle said, "Once Solomon, son of David said, '(By Allah) Tonight I will have sexual intercourse with one hundred (or ninety-nine) women each of whom will give birth to a knight who will fight in Allah's Cause.' On that a (i.e. if Allah wills) but he did not say, 'Allah willing.' Therefore only one of those women conceived and gave birth to a half-man. By Him in Whose Hands Muhammad's life is, if he had said, "Allah willing', (he would have begotten sons) all of whom would have been knights striving in Allah's Cause."

Allah's Apostle said, "Inform me of a tree which resembles a Muslim, giving its fruits at every season by the permission of its Lord, and the leaves of which do not fall." I thought of the date-palm tree, but I disliked to speak because Abu Bakr and `Umar were present there. When nobody spoke, the Prophet said, "It is the date-palm tree" When I came out with my father, I said, "O father! It came to my mind that it was the date-palm tree." He said, "What prevented you from saying it?" Had you said it, it would have been more dearer to me than such-and-such a thing (fortune)." I said, "Nothing prevented me but the fact that neither you nor Abu Bakr spoke, so I disliked to speak (in your presence).

We migrated in the company of Allah's Apostle, seeking Allah's Pleasure. So our reward became due and sure with Allah. Some of us have been dead without enjoying anything of their rewards (here), and one of them was Mus'ab bin 'Umar who was martyred on the day of the battle of Uhud, and did not leave anything except a Namira (i.e. a sheet in which he was shrouded). If we covered his head with it, his feet became naked, and if we covered his feet with it, his head became naked. So the Prophet said to us, "Cover his head with it and put some Idhkhir (i.e. a kind of grass) over his feet or throw Idhkhir over his feet." But some amongst us have got the fruits of their labor ripened, and they are collecting them.

Salim said: Abdullah informed me on the authority of Zaid b. Thabit, Allah's Messenger (may peace be upon him) having given concession afterwards in case of ariyya transactions by which dry dates can be exchanged with fresh dates, but he did not permit it in other cases.

(The Prophet) Solomon son of (the Prophet) David said, "Tonight I will go round (i.e. have sexual relations with) one hundred women (my wives) everyone of whom will deliver a male child who will fight in Allah's Cause." On that an Angel said to him, "Say: 'If Allah will.' " But Solomon did not say it and forgot to say it. Then he had sexual relations with them but none of them delivered any child except one who delivered a half person. The Prophet said, "If Solomon had said: 'If Allah will,' Allah would have fulfilled his (above) desire and that saying would have made him more hopeful."

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

Allah's Prophet Solomon who had sixty wives, once said, "Tonight I will have sexual relation (sleep) with all my wives so that each of them will become pregnant and bring forth (a boy who will grow into) a cavalier and will fight in Allah's Cause." So he slept with his wives and none of them (conceived and) delivered (a child) except one who brought a half (body) boy (deformed). Allah's Prophet said, "If Solomon had said; 'If Allah Will,' then each of those women would have delivered a (would-be) cavalier to fight in Allah's Cause." (See Hadith No. 74 A, Vol. 4).

Allah's Apostle said, "There will be none among you but his Lord will talk to him, and there will be no interpreter between him and Allah. He will look to his right and see nothing but his deeds which he has sent forward, and will look to his left and see nothing but his deeds which he has sent forward, and will look in front of him and see nothing but the (Hell) Fire facing him. So save yourself from the (Hell) Fire even with half a date (given in charity)." Al-A`mash said: `Amr bin Murra said, Khaithama narrated the same and added, '..even with a good word.' "

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 Prophet said, "Solomon (the son of) David said, 'Tonight I will sleep with seventy ladies each of whom will conceive a child who will be a knight fighting for "Allah's Cause.' His companion said, 'If Allah will.' But Solomon did not say so; therefore none of those women got pregnant except one who gave birth to a half child." The Prophet further said, "If the Prophet Solomon had said it (i.e. 'If Allah will') he would have begotten children who would have fought in Allah's Cause." Shuaib and Ibn Abi Az-Zinad said, "Ninety (women) is more correct (than seventy).

Ibn ‘Abbas reported the Prophet (May peace be upon him) as saying; when a man has intercourse with his wife while she is menstruating, he must give half a dinar in alms.

Abu Dawud said; ‘Ali b. Budhaimah reported similarly on the authority of Miqsam from the Prophet (May peace be upon him). Al-Awza’I narrated from Yazid b. Abi Malik, from ‘Abd al-Hamid b. ‘Abd al-Rahman from the Prophet (May peace be upon him); He ordered him to give two fifth of a dinar in alms. But this is a chain where two narrators (Miqsam and Ibn ‘Abbas) are missing.

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

The Messenger of Allah (saws) concluded peace with the people of Najran on condition that they would pay to Muslims two thousand suits of garments, half of Safar, and the rest in Rajab, and they would lend (Muslims) thirty coats of mail, thirty horses, thirty camels, and thirty weapons of each type used in battle. Muslims will stand surely for them until they return them in case there is any plot or treachery in the Yemen. No church of theirs will be demolished and no clergyman of theirs will be turned out. There will be no interruption in their religion until they bring something new or take usury. Isma'il said: They took usury.

Abu Dawud said: If they violate any provision of the treaty, they will be deemed as bringing something new.

Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. "Do you swear by Allah with fifty oaths that he did not die of it?" They refused and stopped themselves from doing it. He said to the others, "Will you take an oath?" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money.

Malik said, "One does not act on this."

Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother's wala' if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the Muslims.

Malik said,"I heard the same as that from Sulayman ibn Yasar, and it is what I saw the people of knowledge in our city doing."

During the lifetime of Allah's Apostle I asked Ibn Abi Hadrad in the mosque to pay the debts which he owed to me and our voices grew so loud that Allah's Apostle heard them while he was in his house. So he came to us after raising the curtain of his room. The Prophet said, "O Ka`b bin Malik!" I replied, "Labaik, O Allah's Apostle." He gestured with his hand to me to reduce the debt to one half. I said, "O Allah's Apostle have done it." Allah's Apostle said (to Ibn Hadrad), "Get up and pay it."

Ka`b demanded his debt back from Ibn Abi Hadrad in the Mosque and their voices grew louder till Allah's Apostle heard them while he was in his house. He came out to them raising the curtain of his room and addressed Ka`b, "O Ka`b!" Ka`b replied, "Labaik, O Allah's Apostle." (He said to him), "Reduce your debt to one half," gesturing with his hand. Ka`b said, "I have done so, O Allah's Apostle!" On that the Prophet said to Ibn Abi Hadrad, "Get up and repay the debt, to him."

I sat with Ka`b bin Ujra in this mosque, i.e. Kufa Mosque, and asked him about the meaning of: "Pay a ransom (i.e. Fidya) of either fasting or . . . . (2.196)" He said, "I was taken to the Prophet while lice were falling on my face. The Prophet said, 'I did not think that your trouble reached to such an extent. Can you afford to slaughter a sheep (as a ransom for shaving your head)?' I said, 'No.' He said, 'Then fast for three days, or feed six poor persons by giving half a Sa of food for each and shave your head.' So the above Verse was revealed especially for me and generally for all of you."

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

Yahya related to me from Malik that Abu'r-Rijal Muhammad ibn Abd ar-Rahman heard his mother, Amra bint Abd ar-Rahman say, "A man bought the fruit of an enclosed orchard in the time of the Messenger of Allah, may Allah bless him and grant him peace, and he tended it while staying on the land. It became clear to him that there was going to be some loss. He asked the owner of the orchard to reduce the price for him or to revoke the sale, but the owner made an oath not to do so. The mother of the buyer went to the Messenger of Allah, may Allah bless him and grant him peace, and told him about it. The Messengerof Allah, may Allah bless him and grant him peace, said, 'By this oath, he has sworn not to do good.' The owner of the orchard heard about it and went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, the choice is his.' "

While we were with Allah's Apostle he said, "Tell me of a tree which resembles a Muslim man. Its leaves do not fall and it does not, and does not, and does not, and it gives its fruits every now and then." It came to my mind that such a tree must be the date palm, but seeing Abu Bakr and `Umar saying nothing, I disliked to speak. So when they did not say anything, Allah's Apostle said, "It is the date-palm tree." When we got up (from that place), I said to `Umar, "O my father! By Allah, it came to my mind that it must be the date palm tree." `Umar said, "What prevented you from speaking" I replied, "I did not see you speaking, so I misliked to speak or say anything." `Umar then said, "If you had said it, it would have been dearer to me than so-and-so."

Al-Hasan reported: Umar ibn al-Khattab gathered the people (in tarawih prayer) behind Ubayy ibn Ka'b (who led them). He used to lead them for twenty days (during Ramadan, and would not recite the supplication except in the second half of it (i.e. Ramadan). When the last ten days remained, he kept away from them, and prayed in his house. They used to say: Ubayy ran away.

Abu Dawud said: This tradition shows that whatever has been reported about the recitation of the supplication is not tenable. Moreover, these two traditions from Ubayy b. Ka'b indicate that another tradition which tells that the Prophet (saws) recited the supplication in the witr is weak.

The Prophet (saws) said: "When you possess two hundred dirhams and one year passes on them, five dirhams are payable. Nothing is incumbent on you, that is, on gold, till it reaches twenty dinars. When you possess twenty dinars and one year passes on them, half a dinar is payable. Whatever exceeds, that will be reckoned properly."

(The narrator said: I do not remember whether the words "that will be reckoned properly" were uttered by All himself or he attributed them to the Prophet (saws).

No zakat is payable on property till a year passes on it.

But Jarir said: Ibn Wahb (sub-narrator) added to this tradition from the Prophet (saws): "No zakat is payable on property until a year passes away on it."

The Messenger of Allah (saws) commanded us one day to give sadaqah. At that time I had some property. I said: Today I shall surpass AbuBakr if I surpass him any day. I, therefore, brought half my property. The Messenger of Allah (saws) asked: What did you leave for your family? I replied: The same amount. AbuBakr brought all that he had with him. The Messenger of Allah (saws) asked him: What did you leave for your family? He replied: I left Allah and His Apostle for them. I said: I shall never compete you in anything.

The Prophet visited me at Mecca while I was ill. I said (to him), "I have property; May I bequeath all my property in Allah's Cause?" He said, "No." I said, "Half of it?" He said, "No." I said, "One third of it?" He said, "One-third (is alright), yet it is still too much, for you'd better leave your inheritors wealthy than leave them poor, begging of others. Whatever you spend will be considered a Sadaqa for you, even the mouthful of food you put in the mouth of your wife. Anyhow Allah may let you recover, so that some people may benefit by you and others be harmed by you."

That Ka`b bin Malik told him that in the lifetime of Allah's Apostle he demanded his debt from Ibn Abu Hadrad in the Mosque. Their voices grew louder till Allah's Apostle heard them while he was in his house. So he lifted the curtain of his room and called Ka`b bin Malik saying, "O Ka`b!" He replied, "Labbaik! O Allah's Apostle!" He beckoned to him with his hand suggesting that he deduct half the debt. Ka`b said, "I agree, O Allah's Apostle!" Allah's Apostle then said (to Ibn Abu Hadrad), "Get up and pay him the rest."

We set out in the army of Al-Khabt and Abu Ubaida was the commander of the troops. We were struck with severe hunger and the sea threw out a dead fish the like of which we had never seen, and it was called Al-`Anbar. We ate of it for half a month. Abu Ubaida took (and fixed) one of its bones and a rider passed underneath it (without touching it). (Jabir added:) Abu 'Ubaida said (to us), "Eat (of that fish)." When we arrived at Medina, we informed the Prophet about that, and he said, "Eat, for it is food Allah has brought out for you, and feed us if you have some of it." So some of them gave him (of that fish) and he ate it.

Abu Dawud said: This is also transmitted by Waki' from al-A'mash from Salamah b. Kuhail from 'Abd al-Rahman b. Abza.

It is also transmitted through a different chain by Jarir from al-A'mash from Salamah from Sa'id b. 'Abd al-Rahman b. Abza from his father.

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything.

Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (saws).

Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.

Malik related to me from Zayd ibn Aslam that his father said, "Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab went out with the army to Iraq. On the way home, they passed by Abu Musa al- Ashari who was the amir of Basra. He greeted them and made them welcome, and told them that if there was anything he could do to help them, he would do it. Then he said, 'There is some of the property of Allah which I want to send to the amir al-muminin, so I will lend it to you, and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir al-muminin, and you keep the profit.' They said that they would like to do it, and so he gave them the money and wrote to Umar ibn al-Khattab to take the money from them. When they came to sell they made a profit, and when they paid the principal to Umar he asked, 'Did he lend everyone in the army the like of what he lent you?' They said, 'No.' Umar ibn al-Khattab said, 'He made you the loan, because you are the sons of the amir al-muminin, so pay the principal and the profit.' Abdullah was silent. Ubaydullah said, 'You do not need to do this, amir al-muminin. Had the principal decreased or been destroyed, we would have guaranteed it.' Umar said, 'Pay it.' Abdullah was silent, and Ubaydullah repeated it. A man who was sitting with Umar said, 'Amir al-muminin, better that you make it a qirad. 'Umar said, 'I have made it qirad.' Umar then took the principal and half of the profit, and Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab took half of the profit."

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Ya'qub that he heard Abu's-Sa'ib, the mawla of Hisham ibn Zuhra, say he had heard Abu Hurayra say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Whoever prays a prayer without reciting the umm al-Qur'an in it, his prayer is aborted, it is aborted, it is aborted, incomplete.' So I said, 'Abu Hurayra, sometimes I am behind the imam.'Hepulled my forearm and said, 'Recite it to yourself, O Persian, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say that Allah the Blessed, the Exalted, said, "I have divided the prayer into two halves between me and my slave. One half of it is for Me and one half of it is for IVly slave, and My slave has what he asks." ' The Messenger of Allah, may Allah bless him and grant him peace, said, "Recite." The slave says, 'Praise be to AIIah, the Lord of theWorlds.' Allah the Blessed, the Exalted, says, 'My slave has praised Me.' The slave says, 'The Merciful, the Compassionate.' Allah says, 'My slave has spoken well of Me.' The slave says, 'Master of the Day of the Deen.' Allah says, 'My slave has glorified Me.' The slave says, 'You alone we worship and You alone we askforhelp.'Allahsays,'This ayat is between Me and My slave, and for My slave is what he asks. 'The slave says, 'Guide us in the straight Path, the Path of those whom You have blessed, not of those with whom You are angry, nor those who are in error. ' Allah says, 'These are for My slaves, and for my slave is what he asks . ' " ' "

Malik said, "The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted.)

"The inheritance of a mother from her child, if her son or daughter dies and leaves children or male or female grandchildren through a son, or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son, or two or more siblings, the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth, the mother a third of what remains, (which is a fourth of the capital). The other is if a wife dies and leaves a husband and both parents. The husband gets half, and the mother a third of what remains, (which is a sixth of the capital). That is because Allah, the Blessed, the Exalted, says in His Book, 'His two parents each have a sixth of what he leaves if he has children. If he does not have children, and his parents inherit from him, his mother has a third. If he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna is that the siblings be two or more."

The Messenger of Allah (saws) prescribed this sadaqah as one sa' of dried dates or barley, or half a sa' of wheat payable by every freeman or slave, male or female, young or old. When Ali came (to Basrah), he found that price had come down. He said: Allah has given prosperity to you, so give one sa' of everything (as sadaqah).

The narrator Humayd said: Al-Hasan maintained that the sadaqah at the end of Ramadan was due on a person who fasted.

I fell ill, and I had seven sisters. The Messenger of Allah (saws) came to me and blew on my face. So I became conscious. I said: Messenger of Allah, may I not bequeath one-third of my property to my sisters? He replied: Do good. I asked: Half? He replied: Do good. He then went out and left me, and said: I do not think, Jabir, you will die of this disease. Allah has revealed (verses) and described the share of your sisters. He appointed two-thirds for them. Jabir used to say: This verse was revealed about me: "They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs.