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."

Hilal bin Umaiya accused his wife of committing illegal sexual intercourse with Sharik bin Sahma' and filed the case before the Prophet. The Prophet said (to Hilal), "Either you bring forth a proof (four witnesses) or you will receive the legal punishment (lashes) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw a man over his wife, would he go to seek after witnesses?" The Prophet kept on saying, "Either you bring forth the witnesses or you will receive the legal punishment (lashes) on your back." Hilal then said, "By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment." Then Gabriel came down and revealed to him:-- 'As for those who accuse their wives...' (24.6-9) The Prophet recited it till he reached: '... (her accuser) is telling the truth.' Then the Prophet left and sent for the woman, and Hilal went (and brought) her and then took the oaths (confirming the claim). The Prophet was saying, "Allah knows that one of you is a liar, so will any of you repent?" Then the woman got up and took the oaths and when she was going to take the fifth one, the people stopped her and said, "It (the fifth oath) will definitely bring Allah's curse on you (if you are guilty)." So she hesitated and recoiled (from taking the oath) so much that we thought that she would withdraw her denial. But then she said, "I will not dishonor my family all through these days," and carried on (the process of taking oaths). The Prophet then said, "Watch her; if she delivers a black-eyed child with big hips and fat shins then it is Sharik bin Sahma's child." Later she delivered a child of that description. So the Prophet said, "If the case was not settled by Allah's Law, I would punish her severely."

`Umar bin Al-Khattab said, "When Hafsa bint `Umar became a widow after the death of (her husband) Khunais bin Hudhafa As-Sahmi who had been one of the companions of the Prophet, and he died at Medina. I went to `Uthman bin `Affan and presented Hafsa (for marriage) to him. He said, "I will think it over.' I waited for a few days, then he met me and said, 'It seems that it is not possible for me to marry at present.' " `Umar further said, "I met Abu Bakr As-Siddique and said to him, 'If you wish, I will marry my daughter Hafsa to you." Abu Bakr kept quiet and did not say anything to me in reply. I became more angry with him than with `Uthman. I waited for a few days and then Allah's Apostle asked for her hand, and I gave her in marriage to him. Afterwards I met Abu Bakr who said, 'Perhaps you became angry with me when you presented Hafsa to me and I did not give you a reply?' I said, 'Yes.' Abu Bakr said, 'Nothing stopped me to respond to your offer except that I knew that Allah's Apostle had mentioned her, and I never wanted to let out the secret of Allah's Apostle. And if Allah's Apostle had refused her, I would have accepted her.' "

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."

(the wife of the Prophet (p.b.u.h) In the lifetime of the Prophet the sun eclipsed and he went to the Mosque and the people aligned behind him. He said the Takbir (starting the prayer) and prolonged the recitation (from the Qur'an) and then said Takbir and performed a prolonged bowing; then he (lifted his head and) said, "Sami allahu liman hamidah" (Allah heard him who sent his praises to Him). He then did not prostrate but stood up and recited a prolonged recitation which was shorter than the first recitation. He again said Takbir and then bowed a prolonged bowing but shorter than the first one and then said, "Sami`a l-lahu Lyman hamidah Rabbana walak-lhamd, (Allah heard him who sent his praises to Him. O our Sustainer! All the praises are for You)" and then prostrated and did the same in the second rak`a; thus he completed four bowing and four prostrations. The sun (eclipse) had cleared before he finished the prayer. (After the prayer) he stood up, glorified and praised Allah as He deserved and then said, "The sun and the moon are two of the signs of Allah. They do not eclipse because of the death or the life (i.e. birth) of someone. When you see them make haste for the prayer." Narrated Az-Zuhri: I said to 'Urwa, "When the sun eclipsed at Medina your brother (`Abdullah bin Az-Zubair) offered only a two-rak`at prayer like that of the morning (Fajr) prayer." 'Urwa replied, "Yes, for he missed the Prophet's tradition (concerning this matter)."

Allah's Apostle sent a group of Ansari men to kill Abu-Rafi`. One of them set out and entered their (i.e. the enemies) fort. That man said, "I hid myself in a stable for their animals. They closed the fort gate. Later they lost a donkey of theirs, so they went out in its search. I, too, went out along with them, pretending to look for it. They found the donkey and entered their fort. And I, too, entered along with them. They closed the gate of the fort at night, and kept its keys in a small window where I could see them. When those people slept, I took the keys and opened the gate of the fort and came upon Abu Rafi` and said, 'O Abu Rafi`. When he replied me, I proceeded towards the voice and hit him. He shouted and I came out to come back, pretending to be a helper. I said, 'O Abu Rafi`, changing the tone of my voice. He asked me, 'What do you want; woe to your mother?' I asked him, 'What has happened to you?' He said, 'I don't know who came to me and hit me.' Then I drove my sword into his belly and pushed it forcibly till it touched the bone. Then I came out, filled with puzzlement and went towards a ladder of theirs in order to get down but I fell down and sprained my foot. I came to my companions and said, 'I will not leave till I hear the wailing of the women.' So, I did not leave till I heard the women bewailing Abu Rafi`, the merchant pf Hijaz. Then I got up, feeling no ailment, (and we proceeded) till we came upon the Prophet and informed him."

Abu Dawud said: This is operative in the obligatory prayer.

The Prophet (saws) said: A townsman must not sell for a man from the desert, even if he is his brother or father.

Abu Dawud said: Anas b. Malik said: It was said: A townsman must not sell for a man from the desert. This phrase carries a broad meaning. It means that the (the townsman) must not sell anything for him or buy anything for him.

Once Allah's Apostle came to me in the morning, and a man among us said, "Where is Malik bin Ad- Dukhshun?" Another man from us replied, "He is a hypocrite who does not love Allah and His Apostle." The Prophet said, "Don't you think that he says: None has the right to be worshipped but Allah, only for Allah's sake?" They replied, "Yes" The Prophet said, "Nobody will meet Allah with that saying on the Day of Resurrection, but Allah will save him from the Fire."

I was a blacksmith In the Pre-Islamic period of ignorance, and 'Asi bin Wail owed me some money. I went to him to demand it, but he said to me, "I will not pay you unless you reject faith in Muhammad." I replied, "By Allah, I will never disbelieve Muhammad till Allah let you die and then resurrect you." He said, "Then wait till I die and come to life again, for then I will be given property and offspring and will pay your right." So, thus revelation came: "Have you seen him who disbelieved in Our signs and yet says, 'I will be given property and offspring?' " (19.77)

Sa'd ibn Hisham said: I came to Medina and called upon Aisha, and said to her: Tell me about the prayer of the Messenger of Allah (saws).

She said: The Messenger of Allah (saws) used to lead the people in the night prayer, and then go to his bed and sleep. When midnight came he got up, went to answer the call of nature and to perform ablution with water. Having performed ablution, he entered the mosque and prayed eight rak'ahs.

To my mind he performed the recitation of the Qur'an, bowing and prostrating equally. He then observed witr with one rak'ah and prayed two rak'ahs sitting. Then he lay down on the ground. Sometimes Bilal came to him and called him for prayer. He then dozed, and sometimes I doubted whether he dozed or not, till he (Bilal) called him for prayer.

This is the prayer he offered till he grew old or put on weight. She then mentioned how he put on weight as Allah wished.

AbuImran said: We went out on an expedition from Medina with the intention of (attacking) Constantinople. AbdurRahman ibn Khalid ibn al-Walid was the leader of the company. The Romans were just keeping their backs to the walls of the city. A man (suddenly) attacked the enemy.

Thereupon the people said: Stop! Stop! There is no god but Allah. He is putting himself into danger.

AbuAyyub said: This verse was revealed about us, the group of the Ansar (the Helpers). When Allah helped His Prophet (saws) and gave Islam dominance, we said (i.e. thought): Come on! Let us stay in our property and improve it.

Thereupon Allah, the Exalted, revealed, "And spend of your substance in the cause of Allah, and make not your hands contribute to (your destruction)". To put oneself into danger means that we stay in our property and commit ourselves to its improvement, and abandon fighting (i.e. jihad).

AbuImran said: AbuAyyub continued to strive in the cause of Allah until he (died and) was buried in Constantinople.

When AbuBakr asked the permission of the Prophet (saws) to come in, he heard Aisha speaking in a loud voice.

So when he entered, he caught hold of her in order to slap her, and said: Do I see you raising your voice to the Messenger of Allah? The Prophet (saws) began to prevent him and AbuBakr went out angry. The Prophet (saws) said when AbuBakr went out: You see I rescued you from the man.

AbuBakr waited for some days, then asked permission of the Messenger of Allah (saws) to enter, and found that they had made peace with each other. He said to them: Bring me into your peace as you brought me into your war.

The Prophet (saws) said: We have done so: we have done so.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that at-Tufayl ibn Ubayy ibn Kab told him that he visited Abdullah ibn Umar one morning and went out with him to the market, and when they were out, Abdullah ibn Umar did not pass by anyone selling poor merchandise or selling commodities or a needy person or anyone but that he greeted them.

At-Tufayl said, "I came to Abdullah ibn Umar one day and he asked me to follow him to the market. I said to him, 'What will you do in the market if you will not stop to sell nor seek any goods or barter with them or sit in any of the assemblies or market?' Abdullah ibn Umar said that we should sit down and talk, and then he explained, 'Abu Batni, (lit. father of the belly, at- Tufayl had a prominent stomach), we go out in the morning only for the sake of the greeting. We greet whomever we meet.' "

Allah's Apostle delivered a sermon and said, "O people! You will be gathered before Allah barefooted, naked and not circumcised." Then (quoting Qur'an) he said:-- "As We began the first creation, We shall repeat it. A promise We have undertaken: Truly we shall do it.." (21.104) The Prophet then said, "The first of the human beings to be dressed on the Day of Resurrection, will be Abraham. Lo! Some men from my followers will be brought and then (the angels) will drive them to the left side (Hell-Fire). I will say. 'O my Lord! (They are) my companions!' Then a reply will come (from Almighty), 'You do not know what they did after you.' I will say as the pious slave (the Prophet Jesus) said: And I was a witness over them while I dwelt amongst them. When You took me up. You were the Watcher over them and You are a Witness to all things.' (5.117) Then it will be said, "These people have continued to be apostates since you left them."

`Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Al-Qama bin Waqqas and 'Ubaidullah bin `Abdullah related the narration of `Aisha, the wife the Prophet, when the slanderers had said about her what they had said and Allah later declared her innocence. Each of them related a part of the narration (wherein) the Prophet said (to `Aisha). "If you are innocent, then Allah will declare your innocence: but if you have committed a sin, then ask for Allah's Forgiveness and repent to him." `Aisha said, "By Allah, I find no example for my case except that of Joseph's father (when he said), 'So (for me) patience is most fitting.' " Then Allah revealed the ten Verses:-- "Verily those who spread the slander are a gang amongst you.." (24.11)

Sahl bin Sa`d said that a woman brought a Burda (sheet) to the Prophet. Sahl asked the people, "Do you know what is a Burda?" The people replied, "It is a 'Shamla', a sheet with a fringe." That woman said, "O Allah's Apostle! I have brought it so that you may wear it." So the Prophet took it because he was in need of it and wore it. A man among his companions, seeing him wearing it, said, "O Allah's Apostle! Please give it to me to wear." The Prophet said, "Yes." (and gave him that sheet). When the Prophet left, the man was blamed by his companions who said, "It was not nice on your part to ask the Prophet for it while you know that he took it because he was in need of it, and you also know that he (the Prophet) never turns down anybody's request that he might be asked for." That man said, "I just wanted to have its blessings as the Prophet had put it on, so l hoped that I might be shrouded in it."

Al-Fadl bin `Abbas rode behind the Prophet as his companion rider on the back portion of his she camel on the Day of Nahr (slaughtering of sacrifice, 10th Dhul-Hijja) and Al-Fadl was a handsome man. The Prophet stopped to give the people verdicts. In the meantime, a beautiful woman From the tribe of Khath'am came, asking the verdict of Allah's Apostle. Al-Fadl started looking at her as her beauty attracted him. The Prophet looked behind while Al-Fadl was looking at her; so the Prophet held out his hand backwards and caught the chin of Al-Fadl and turned his face (to the owner sides in order that he should not gaze at her. She said, "O Allah's Apostle! The obligation of Performing Hajj enjoined by Allah on His worshipers, has become due (compulsory) on my father who is an old man and who cannot sit firmly on the riding animal. Will it be sufficient that I perform Hajj on his behalf?" He said, "Yes."

I gave the pledge of allegiance to the Prophet with a group of people, and he said, "I take your pledge that you will not worship anything besides Allah, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. And whoever among you fulfill all these (obligations of the pledge), his reward is with Allah. And whoever commits any of the above crimes and receives his legal punishment in this world, that will be his expiation and purification. But if Allah screens his sin, it will be up to Allah, Who will either punish or forgive him according to His wish." Abu `Abdullah said: "If a thief repents after his hand has been cut off, the his witness well be accepted. Similarly, if any person upon whom any legal punishment has been inflicted, repents, his witness will be accepted."

Al-Miswar bin Makhrama came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present and marking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptor loses his right of preemption."

This hadith was mentioned through another chain.

I was with `Abdullah and Abu Musa; the latter asked the former, "O Abu `Abdur-Rahman! What is your opinion if somebody becomes Junub and no water is available?" `Abdullah replied, "Do not pray till water is found." Abu Musa said, "What do you say about the statement of `Ammar (who was ordered by the Prophet to perform Tayammum). The Prophet said to him: "Perform Tayammum and that would be sufficient." `Abdullah replied, "Don't you see that `Umar was not satisfied by `Ammar's statement?" Abu- Musa said, "All right, leave `Ammar's statement, but what will you say about this verse (of Tayammum)?" `Abdullah kept quiet and then said, "If we allowed it, then they would probably perform Tayammum even if water was available, if one of them found it (water) cold." The narrator added, "I said to Shaqiq, "Then did `Abdullah dislike to perform Tayammum because of this?" He replied, "Yes."

(the slave of Ibn `Abbas) Allah's Apostle said to Mu`adh when he sent him to Yemen, "You will go to the people of the Scripture. So, when you reach there, invite them to testify that none has the right to be worshipped but Allah, and that Muhammad is His Apostle. And if they obey you in that, tell them that Allah has enjoined on them five prayers in each day and night. And if they obey you in that tell them that Allah has made it obligatory on them to pay the Zakat which will be taken from the rich among them and given to the poor among them. If they obey you in that, then avoid taking the best of their possessions, and be afraid of the curse of an oppressed person because there is no screen between his invocation and Allah."

It was the custom among the companions of Muhammad that if any of them was fasting and the food was presented (for breaking his fast), but he slept before eating, he would not eat that night and the following day till sunset. Qais bin Sirma-al-Ansari was fasting and came to his wife at the time of Iftar (breaking one's fast) and asked her whether she had anything to eat. She replied, "No, but I would go and bring some for you." He used to do hard work during the day, so he was overwhelmed by sleep and slept. When his wife came and saw him, she said, "Disappointment for you." When it was midday on the following day, he fainted and the Prophet was informed about the whole matter and the following verses were revealed: "You are permitted To go to your wives (for sexual relation) At the night of fasting." So, they were overjoyed by it. And then Allah also revealed: "And eat and drink Until the white thread Of dawn appears to you Distinct from the black thread (of the night)." (2.187)

I heard Sahl bin Sa`d saying, "A woman brought a Burda (i.e. a square piece of cloth having edging). I asked, 'Do you know what a Burda is?' They replied in the affirmative and said, "It is a cloth sheet with woven margins." Sahl went on, "She addressed the Prophet and said, 'I have woven it with my hands for you to wear.' The Prophet took it as he was in need of it, and came to us wearing it as a waist sheet. One of us said, 'O Allah's Apostle! Give it to me to wear.' The Prophet agreed to give it to him. The Prophet sat with the people for a while and then returned (home), wrapped that waist sheet and sent it to him. The people said to that man, 'You haven't done well by asking him for it when you know that he never turns down anybody's request.' The man replied, 'By Allah, I have not asked him for it except to use it as my shroud when I die." Sahl added; "Later it (i.e. that sheet) was his shroud."

"The Messenger of Allah (saws) was asked about fat, cheese, and furs, so he said: 'The lawful is what Allah made lawful in His Book, the unlawful is what Allah made unlawful in his Book, and what He was silent about; then it is among that for which He has pardoned.'"

[Abu 'Eisa said:] There is something on this topic from Al-Mughirah, and this Hadith is Gharib, we do not know of it being Marfu' except from this route. Sufyan and others reported it from Sulaiman At-Taimi, from Abu 'Uthman, from Salman as his own saying. It is as if the Mawquf narration is more correct. I asked Al-Bukhari about this Hadith and he said: 'I do not think it is preserved. Sufyan reported it from Sulaiman At-Taimi from Abu 'Uthman, from Salman in Mawquf form.' Al-Bukhari said: "Saif bin Harun is Muqarib (Average) in Hadith, and as for Saif bin Muhammad from 'Asim, his narrations are left."

`Abdullah bin Shaddad and Abu Burda sent me to `Abdullah bin Abi `Aufa and told me to ask `Abdullah whether the people in the lifetime of the Prophet used to pay in advance for wheat (to be delivered later). `Abdullah replied, "We used to pay in advance to the peasants of Sham for wheat, barley and olive oil of a known specified measure to be delivered in a specified period." I asked (him), "Was the price paid (in advance) to those who had the things to be delivered later?" `Abdullah bin `Aufa replied, "We did not use to ask them about that." Then they sent me to `Abdur Rahman bin Abza and I asked him. He replied, "The companions of the Prophet used to practice Salam in the lifetime of the Prophet; and we did not use to ask them whether they had standing crops or not."

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.")

The Angel of Death was sent to Moses when he came to Moses, Moses slapped him on the eye. The angel returned to his Lord and said, "You have sent me to a Slave who does not want to die." Allah said, "Return to him and tell him to put his hand on the back of an ox and for every hair that will come under it, he will be granted one year of life." Moses said, "O Lord! What will happen after that?" Allah replied, "Then death." Moses said, "Let it come now." Moses then requested Allah to let him die close to the Sacred Land so much so that he would be at a distance of a stone's throw from it." Abu Huraira added, "Allah's Apostle said, 'If I were there, I would show you his grave below the red sand hill on the side of the road."

Abu Dawud said: Musaddad said: I asked ‘Abd Allah b. Dawud whether they (the companions) disliked to make it a habit. He replied: it (the tradition) goes in a similar way and I found it in a similar way in this book of mine.

(A man broke his fast intentionally) during Ramadan. The Messenger of Allah (saws) commanded him to emancipate a slave, or fast for two months, or feed sixty poor men. He said: I cannot provide. The Messenger of Allah (saws) said: Sit down. Thereafter a huge basket of dates ('araq) was brought to the Messenger of Allah (saws). He said: Take this and give it as sadaqah (alms). He said: Messenger of Allah, there is no poorer than I. The Messenger of Allah (saws) thereupon laughed so that his canine teeth became visible and said: Eat it yourself.

Abu Dawud said: Ibn Juraij narrated it from al-Zuhri in the wordings of the narrator Malik that a man broke his fast. This version says: You should either free a slave, or fast for two months, or provide food for sixty poor men.

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I ...

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik ...

The Prophet rode a donkey having a saddle with a Fadakiyya velvet covering. He mounted me behind him and went to visit Sa`d bin 'Ubada, and that had been before the battle of Badr. The Prophet proceeded till he passed by a gathering in which `Abdullah bin Ubai bin Salul was present, and that had been before `Abdullah embraced Islam. The gathering comprised of Muslims, polytheists, i.e., isolators and Jews. `Abdullah bin Rawaha was also present in that gathering. When dust raised by the donkey covered the gathering, `Abdullah bin Ubai covered his nose with his upper garment and said, "Do not trouble us with dust." The Prophet greeted them, stopped and dismounted. Then he invited them to Allah (i.e., to embrace Islam) and recited to them some verses of the Holy Qur'an. On that, `Abdullah bin Ubai said, "O man ! There is nothing better than what you say if it is true. Do not trouble us with it in our gathering, but return to your house, and if somebody comes to you, teach him there." On that `Abdullah bin Rawaha said, Yes, O Allah's Apostle! Bring your teachings to our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing each other till they were about to fight. The Prophet kept on quietening them till they became calm. Thereupon the Prophet mounted his animal and proceeded till he entered upon Sa`d bin Ubada. He said to him "O Sa`d! Have you not heard what Abu Hubab (i.e., `Abdullah bin Ubai) said?" Sa`d said, 'O Allah's Apostle! Excuse and forgive him, for Allah has given you what He has given you. The people of this town (Medina decided unanimously to crown him and make him their chief by placing a turban on his head, but when that was prevented by the Truth which Allah had given you he (`Abdullah bin Ubai) was grieved out of jealously, and that was the reason which caused him to behave in the way you have seen."

Malik related to me from Ibn Shihab that he had heard that in the time of the Messenger of Allah, may Allah bless him and grant him peace, women were becoming muslim in their own lands and they did not do hijra while their husbands were still kafirun although they themselves had become muslim. Among them was the daughter of al-Walid ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became muslim on the day of the conquest (of Makka), and her husband, Safwan ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr with the cloak of the Messenger of Allah, may Allah bless him and grant him peace, as a safe-conduct for Safwan ibn Umayya, and the Messenger of Allah, may Allah bless him and grant him peace, called him to Islam and asked for him to come to him and if he was pleased with the matter to accept it. If not he would have a respite for two months.

When Safwan came to the Messenger of Allah, may Allah bless him and grant him peace, with his cloak, he called out to him over the heads of the people, "Muhammad! Wahb ibn Umayr brought me your cloak and claimed that you had summoned me to come to you and if I was pleased with the matter, I should accept it and if not, you would give me a respite for two months. "The Messenger of Allah, may Allah bless him and grant him peace, said, "Come down, Abu Wahb." He said, "No, by Allah! I will not come down until you make it clear to me." The Messenger of Allah, may Allah bless him and grant him peace, said, "You have a respite of four months." The Messenger of Allah, may Allah bless him and grant him peace, went out toward Hawazin at Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms that he had. Safwan said, "Willingly or unwillingly?" He said, "Willingly." Therefore he lent him the equipment and arms which he had. Then Safwan went out with the Messenger of Allah, may Allah bless him and grant him peace, while he was still a kafir. He was present at the battles of Hunayn and at-Ta'if while he was still a kafir and his wife was a muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan and his wife until he had become muslim, and his wife was settled with him by that marriage.

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

The Messenger of Allah (saws) said: When Allah created Paradise, He said to Gabriel: Go and look at it. He went and looked at it, then came and said: O my Lord! By Thy might, no one who hears of it will fail to enter it.

He then surrounded it with disagreeable things, and said: Go and look at it, Gabriel. He went and looked at it, then came and said: O my Lord! By Thy might, I am afraid that no one will enter it.

When Allah created Hell, He said: Go and look at it, Gabriel. He went and looked at it, then came and said: O my Lord! By Thy might, no one who hears of it will enter it.

He then surrounded it with desirable things and said: Go and look at it, Gabriel. He went, looked at it, then came and said: O my Lord! By Thy might and power, I am afraid that no one will remain who does not enter it.

(This is Ma'mar's version which is more accurate.) A man and a woman of the Jews committed fornication.

Some of them said to the others: Let us go to this Prophet, for he has been sent with an easy law. If he gives a judgment lighter than stoning, we shall accept it, and argue about it with Allah, saying: It is a judgment of one of your prophets. So they came to the Prophet (saws) who was sitting in the mosque among his companions.

They said: AbulQasim, what do you think about a man and a woman who committed fornication? He did not speak to them a word till he went to their school.

He stood at the gate and said: I adjure you by Allah Who revealed the Torah to Moses, what (punishment) do you find in the Torah for a person who commits fornication, if he is married?

They said: He shall be blackened with charcoal, taken round a donkey among the people, and flogged. A young man among them kept silent.

When the Prophet (saws) emphatically adjured him, he said: By Allah, since you have adjured us (we inform you that) we find stoning in the Torah (is the punishment for fornication).

The Prophet (saws) said: So when did you lessen the severity of Allah's command? He said:

A relative of one of our kings had committed fornication, but his stoning was suspended. Then a man of a family of common people committed fornication. He was to have been stoned, but his people intervened and said: Our man shall not be stoned until you bring your man and stone him. So they made a compromise on this punishment between them.

The Prophet (saws) said: So I decide in accordance with what the Torah says. He then commanded regarding them and they were stoned to death.

Az-Zuhri said: We have been informed that this verse was revealed about them: "It was We Who revealed the Law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the Prophet who bowed (as in Islam) to Allah's will.

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 ...