¹: These verses were abrogated in recitation but not ruling. Other ahadith establish the number for fosterage to be 5.

Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."

Abu Maryam said: The man with the crippled hand was called Nafi` Dhu al-Thadyah (Nafi`, man of nipple). He had in his hand something like a female breast with a nipple at it ends like the nipple of the female breast. If had some hair on it like the whiskers of cat.

Abu Dawud said: He was known among the people by the name of Harqus.

The Messenger of Allah (saws) said something similar as mentioned in the preceding tradition. This version adds: But the poor man (miskin) who abstains from begging from the people is one (according to the version of Musaddad who does not get enough so that he may not beg from the people, nor is his need known to the people, so that alms be given to him. This is the one who has been deprived. Musaddad did not mention the words "one who avoids begging from the people."

Abu Dawud said: This tradition has been transmitted by Muhammad bin Thawr and 'Abd al-Razzaq on the authority of Ma'mar. They mentioned that the word "deprived" is the statement of al-Zuhri, and this is more sound.

A man committed fornication with a woman. So the Messenger of Allah (saws) ordered regarding him and the prescribed punishment of flogging was inflicted on him. He was then informed that he was married. So he commanded regarding him and he was stoned to death.

Abu Dawud said: This tradition has been transmitted by Muhammad b. Bakr al-Barsani from Ibn Juraij as a statement of Jabir, and Abu 'Asim has transmitted it from Ibn Juraid similar to that of Ibn Wahb. He did not mention the Prophet (saws). But he said: A man committed fornication, but did not know that he was married ; so he was flogged. It was then known that he was married, so he was stoned to death.

I asked Rafi' b. Khadij about the lease of land for gold and silver (i.e. for dinars and dirhams). There is no harm in it, for the people used to let out land in the time of the Messenger of Allah (saws) for what grew by the current of water and at the banks of streamlets and at the places of cultivation. So sometimes this (portion) perished and that (portion) was saved, and sometimes this remained intact and that perished. There was no (form of) lease among the people except this. Therefore, he forbade it. But if there is something which is secure and known, then there is no harm in it. The tradition of Ibrahim is more perfect. Qutaibah said: "from Hanzalah on the authority of Rafi' ".

Abu Dawud said: A similar tradition has been transmitted by Yahya b. Sa'id from Hanzalah.

I asked Abu Sa`id Al-Khudri, "Did you hear Allah's Apostle talking about the Night of Qadr?" He replied in the affirmative and said, "Once we were in I`tikaf with Allah's Apostle in the middle ten days of (Ramadan) and we came out of it in the morning of the twentieth, and Allah's Apostledelivered a sermon on the 20th (of Ramadan) and said, 'I was informed (of the date) of the Night of Qadr (in my dream) but had forgotten it. So, look for it in the odd nights of the last ten nights of the month of Ramadan. I saw myself prostrating in mud and water on that night (as a sign of the Night of Qadr). So, whoever had been in I`tikaf with Allah's Apostle should return for it.' The people returned to the mosque (for I`tikaf). There was no trace of clouds in the sky. But all of a sudden a cloud came and it rained. Then the prayer was established (they stood for the prayer) and Allah's Apostle prostrated in mud and water and I saw mud over the forehead and the nose of the Prophet.

Abu Dawud said: This tradition has been transmitted by Ibn Ishaq and al-Auza'i from Yahya b. Sa'id in a similar manner, and Malik narrated it from Yahya b. Sa'id, saying: He observed I'tikaf during twenty days of Shawwal.

Allah's Apostle kissed Al-Hasan bin `Ali while Al-Aqra' bin H`Abis at-Tamim was sitting beside him. Al-Aqra said, "I have ten children and I have never kissed anyone of them," Allah's Apostle cast a look at him and said, "Whoever is not merciful to others will not be treated mercifully."

The Prophet said, "No good deeds done on other days are superior to those done on these (first ten days of Dhul Hijja)." Then some companions of the Prophet said, "Not even Jihad?" He replied, "Not even Jihad, except that of a man who does it by putting himself and his property in danger (for Allah's sake) and does not return with any of those things."

Malik was asked whether someone who went into a mosque to do itikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the mosque, had to do itikaf for the number of days that were left from the ten, or not, and if he did have to do so, then what month should he do it in, and he replied, "He should make up whatever he has to do of the itikaf when he recovers, whether in Ramadan or otherwise. I have heard that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf in Ramadan, but then came back without having done so, and then when Ramadan had gone, he did itikaf for ten days in Shawwal.

Some one who does itikaf voluntarily in Ramadan and some one who has to do itikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever did itikaf other than voluntarily."

Malik said, that if a woman did itikaf and then menstruated during her itikaf, she went back to her house, and, when she was pure again she returned to the mosque, at whatever time it was that she became pure. She then continued her itikaf from where she left off. This was the same situation as with a woman who had to fast two consecutive months, and who menstruated and then became pure. She then continued the fast from where she had left off and did not delay doing so.

Allah's Apostle sent out ten spies under the command of `Asim bin Thabit Al-Ansari, the grand-father of `Asim bin `Umar Al-Khattab. When they reached (a place called) Al-Hadah between 'Usfan and Mecca, their presence was made known to a sub-tribe of Hudhail called Banu Lihyan. So they sent about one hundred archers after them. The archers traced the footsteps (of the Muslims) till they found the traces of dates which they had eaten at one of their camping places. The archers said, "These dates are of Yathrib (i.e. Medina)," and went on tracing the Muslims' footsteps. When `Asim and his companions became aware of them, they took refuge in a (high) place. But the enemy encircled them and said, "Come down and surrender. We give you a solemn promise and covenant that we will not kill anyone of you." `Asim bin Thabit said, "O people! As for myself, I will never get down to be under the protection of an infidel. O Allah! Inform your Prophet about us." So the archers threw their arrows at them and martyred `Asim. Three of them came down and surrendered to them, accepting their promise and covenant and they were Khubaib, Zaid bin Ad-Dathina and another man. When the archers got hold of them, they untied the strings of the arrow bows and tied their captives with them. The third man said, "This is the first proof of treachery! By Allah, I will not go with you for I follow the example of these." He meant the martyred companions. The archers dragged him and struggled with him (till they martyred him). Then Khubaib and Zaid bin Ad-Dathina were taken away by them and later on they sold them as slaves in Mecca after the event of the Badr battle. The sons of Al-Harit bin `Amr bin Naufal bought Khubaib for he was a person who had killed (their father) Al-Hari bin `Amr on the day (of the battle) of Badr. Khubaib remained imprisoned by them till they decided unanimously to kill him. One day Khubaib borrowed from a daughter of Al-Harith, a razor for shaving his pubic hair, and she lent it to him. By chance, while she was inattentive, a little son of hers went to him (i.e. Khubaib) and she saw that Khubaib had seated him on his thigh while the razor was in his hand. She was so much terrified that Khubaib noticed her fear and said, "Are you afraid that I will kill him? Never would I do such a thing." Later on (while narrating the story) she said, "By Allah, I had never seen a better captive than Khubaib. By Allah, one day I saw him eating from a bunch of grapes in his hand while he was fettered with iron chains and (at that time) there was no fruit in Mecca." She used to say," It was food Allah had provided Khubaib with." When they took him to Al-Hil out of Mecca sanctuary to martyr him, Khubaib requested them. "Allow me to offer a two-rak`at prayer." They allowed him and he prayed two rak`at and then said, "By Allah! Had I not been afraid that you would think I was worried, I would have prayed more." Then he (invoked evil upon them) saying, "O Allah! Count them and kill them one by one, and do not leave anyone of them"' Then he recited: "As I am martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, for this is for the Cause of Allah. If He wishes, He will bless the cut limbs of my body." Then Abu Sarva, 'Ubqa bin Al-Harith went up to him and killed him. It was Khubaib who set the tradition of praying for any Muslim to be martyred in captivity (before he is executed). The Prophet told his companions of what had happened (to those ten spies) on the same day they were martyred. Some Quraish people, being informed of `Asim bin Thabit's death, sent some messengers to bring a part of his body so that his death might be known for certain, for he had previously killed one of their leaders (in the battle of Badr). But Allah sent a swarm of wasps to protect the dead body of `Asim, and they shielded him from the messengers who could not cut anything from his body.

Yahya related to me from Malik from Abu'z-Zinad from Kharija ibn Zayd ibn Thabit that Zayd ibn Thabit did not sell fruit until the Pleiades were visible, at the end of May.

Malik said, "The way of doing things among us about selling melons, cucumbers, water- melons, and carrots is that it is halal to sell them when it is clear that they have begun to ripen. Then the buyer has what grows until the season is over. There is no specific timing laid down for that because the time is well known with people, and it may happen that the crop will be affected by blight and put a premature end to the season. If blight strikes and a third or more of the crop is damaged, an allowance for that is deducted from the price of purchase."

The freed slave of `Umar bin 'Ubaidullah who was `Umar's clerk: `Abdullah bin Abi `Aufa wrote him (i.e. `Umar) a letter that contained the following:-- "Once Allah's Apostle (during a holy battle), waited till the sun had declined and then he got up among the people and said, "O people! Do not wish to face the enemy (in a battle) and ask Allah to save you (from calamities) but if you should face the enemy, then be patient and let it be known to you that Paradise is under the shades of swords." He then said,, "O Allah! The Revealer of the (Holy) Book, the Mover of the clouds, and Defeater of Al-Ahzab (i.e. the clans of infidels), defeat them infidels and bestow victory upon us."

The Prophet intended to practice I`tikaf and when he reached the place where he intended to perform I`tikaf, he saw some tents, the tents of `Aisha, Hafsa and Zainab. So, he said, "Do you consider that they intended to do righteousness by doing this?" And then he went away and did not perform I`tikaf (in Ramadan) but performed it in the month of Shawwal for ten days.

That the Messenger of Allah (saws) said: "None of the people of Paradise would wish to return to the world except for the martyr who indeed would love to return to the world saying that he would love to be killed ten times in Allah's cause because of what he has seen of the honor that He has given him."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Malik said, "No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash."

Malik said, "That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed."

I was a blacksmith in Mecca Once I made a sword for Al-`Asi bin Wail As-Sahmi. When I went to demand its price, he said, "I will not give it to you till you disbelieve in Muhammad." I said, "I shall not disbelieve in Muhammad till Allah make you die and then bring you to life again." He said, "If Allah should make me die and then resurrect me and I would have wealth and children." So Allah revealed:-- 'Have you seen him who disbelieved in Our Signs, and (yet) says I shall certainly be given wealth and children? Has he known the unseen or has he taken a covenant from (Allah) the Beneficent?' (19.77- 78)

Yahya related to me from Malik from Abdullah ibn Abi Bakr that a man from the Ansar was praying in a garden of his in Quff, one of the valleys of Madina, during the date season and the palms' branches were weighed down with fruit on all sides. He looked at them and what he saw of their fruits amazed him. Then he went back to his prayer and he did not know how much he had prayed. He said, "A trial has befallen me in this property of mine." So he went toUthman ibn Affan, who was the khalifa at the time, and mentioned it to him and said, "It is sadaqa, so give it away in the paths of good." Uthman ibn Affan sold it for fifty thousand and so that property became known as the Fifty.

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

Yahya related to me from Malik from Muhammad ibn Abi Bakr ibn Muhammad ibn Amribn Hazm that Abdar-Rahman ibn Hanthala az-Zurqi was informed by a mawla of Quraysh,who used to be known as Ibn Mursi, that he was sitting with Umar ibn al-Khattab, and when they had prayed dhuhr, he said, "Yarfa! Bring that letter! (a letter which he had written about the paternal aunt.) We asked about her and asked for information about her." Yarfa brought it to him. He called for a small vessel or a drinking-bowl in which there was water. He erased the letter in it. Then he said, "Had Allah approved of you as an heir, we would have confirmed you. Had Allah approved of you, we would have confirmed you."

I was a blacksmith in the Pre-Islamic period, and 'Asi bin Wail owed me some money, so I went to him to demand it. He said (to me), "I will not pay you unless you disbelieve Muhammad." I said, "I will not disbelieve till Allah kills you and then you get resurrected." He said, "Leave me till I die and get resurrected, then I will be given wealth and children and I will pay you your debt." On that occasion it was revealed to the Prophet: 'Have you seen him who disbelieved in Our signs and says: Surely I will be given wealth and children? Has he known the unseen, or has he taken a covenant from the Beneficent (Allah)? (19.77- 78)

Wahb ibn Munabbih said: Abdullah ibn Amr asked the Prophet (saws); In how many days should one complete the recitation of the Qur'an? He said: In forty days. He then said: In one month. He again said: In twenty days. He then said: In fifteen days. He then said: In ten days. Finally he said: In seven days.