Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two men brought a dispute to the Messenger of Allah, may Allah bless him and grant him peace. One of them said, "Messenger of Allah! Judge between us by the Book of Allah!" The other said, and he was the wiser of the two, "Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak." He said, "Speak." He said, "My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned." The Messenger of Allah, may Allah bless him and grant him peace, said, "By him in whose Hand myself is, I will judge between you by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year." He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed . She confessed and he stoned her.

The Prophet (saws) said: When one of you becomes defiled during prayer, he should hold his nose and then turn away.

Abu Dawud said: This tradition has been narrated by Hammad b. Salamah and Abu Usamah from Hisham on the authority of his father from the Prophet (Saws). They did not mention the name of 'Aishah.

'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (saws) died, Abu Bakr said: I am the protector of the Messenger of Allah (saws). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (saws) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (saws) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (saws) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.

Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (saws) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.

Allah's Apostle said, "A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted." The people said, "How will she express her permission?" The Prophet said, "By keeping silent (when asked her consent)." Some people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that he has married a matron with her consent and the judge confirms his marriage, and the husband is sure that he has never married her (before), then such a marriage will be considered as a legal one and he may live with her as husband."

The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

The Prophet passed by me while I was kindling a fire under a (cooking) pot. He said, "Do the lice of your head trouble you?" I said, "Yes." So he called a barber to shave my head and ordered me to make expiation for that."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Jundub, the mawla of Abdullah ibn Ayyash, said, "I asked Abdullah ibn Umar about prostatic fluid and he said, 'When you find it, wash your genitals and do wudu as for prayer.' "

I bought olive oil in the market. When I became its owner, a man met me and offered good profit for it. I intended to settle the bargain with him, but a man caught hold of my hand from behind. When I turned I found that he was Zayd ibn Thabit. He said: Do not sell it on the spot where you have bought it until you take it to your house, for the Messenger of Allah (saws) forbade to sell the goods where they are bought until the tradesmen take them to their houses.

The Jews said to `Umar, "You (i.e. Muslims) recite a Verse, and had it been revealed to us, we would have taken the day of its revelation as a day of celebration." `Umar said, "I know very well when and where it was revealed, and where Allah's Apostle was when it was revealed. (It was revealed on) the day of `Arafat (Hajj Day), and by Allah, I was at `Arafat" Sufyan, a sub-narrator said: I am in doubt whether the Verse:-- "This day I have perfected your religion for you." was revealed on a Friday or not.

I never heard `Umar saying about something that he thought it would be so-and-so, but he was quite right. Once, while `Umar was sitting, a handsome man passed by him, `Umar said, "If I am not wrong, this person is still on his religion of the pre-lslamic period of ignorance or he was their foreteller. Call the man to me." When the man was called to him, he told him of his thought. The man said, "I have never seen such a day on which a Muslim is faced with such an accusation." `Umar said, "I am determined that you should tell me the truth." He said, "I was a foreteller in the pre-lslamic period of ignorance." Then `Umar said, "Tell me the most astonishing thing your female Jinn has told you of." He said, "One-day while I was in the market, she came to me scared and said, 'Haven't you seen the Jinns and their despair and they were overthrown after their defeat (and prevented from listening to the news of the heaven) so that they (stopped going to the sky and) kept following camel-riders (i.e. 'Arabs)?" `Umar said, "He is right." and added, "One day while I was near their idols, there came a man with a calf and slaughtered it as a sacrifice (for the idols). An (unseen) creature shouted at him, and I have never heard harsher than his voice. He was crying, 'O you bold evil-doer! A matter of success! An eloquent man is saying: None has the right to be worshipped except you (O Allah).' On that the people fled, but I said, 'I shall not go away till I know what is behind this.' Then the cry came again: 'O you bold evil-doer! A matter of success! An eloquent man is saying: None has the right to be worshipped except Allah.' I then went away and a few days later it was said, "A prophet has appeared."

Ibn Tamim narrated on the authority of his uncle ('Abdullah b. Zaid) that the Apostle of Allah (may peace be upon him) went out to the place of prayer and prayed for rain and faced towards Qibla, and turned round his mantle and prayed two rak'ahs.

Abu Qatada reported on the authority of his father that Allah's Apostle (may peace be upon him) forbade breathing in a vessel.

The wife of Rifa`a Al-Qurazi came to Allah's Apostle and said, "O Allah's Apostle! Rifa`a divorced me irrevocably. After him I married `Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Apostle said to her, "Perhaps you want to return to Rifa`a? Nay (you cannot return to Rifa`a) until you and `Abdur-Rahman consummate your marriage."

We went to the Prophet (saws) and we were all young men and stayed with him for about twenty nights. The Prophet (saws) was very merciful. He said, "When you return home, impart religious teachings to your families and tell them to offer perfectly such and such a prayer at such and such a time and such and such a prayer at such and such a time. And at the time of the prayer one of you should pronounce the Adhan and the oldest of you should lead the prayer."

Aflah asked the permission to visit me but I did not allow him. He said, "Do you veil yourself before me although I am your uncle?" `Aisha said, "How is that?" Aflah replied, "You were suckled by my brother's wife with my brother's milk." I asked Allah's Apostle about it, and he said, "Aflah is right, so permit him to visit you."

The Messenger of Allah (saws) called me. He intended to send me with some goods to AbuSufyan to distribute among the Quraysh at Mecca after the conquest.

He said: Search for a companion. Then Amr ibn Umayyah ad-Damri came to me and said: I have been told that you are intending to make a journey and are seeking a companion.

I said: Yes. He said: I am your companion. I then went to the Messenger of Allah (saws) and said: I have found a companion.

He asked: Who is he? I replied: Amr ibn Umayyah ad-Damri. He said: When you come down to the territory of his people, be careful of him, for a maxim says: If one is your real brother, do not feel safe with him.

So we proceeded, and when I reached al-Abwa', he said to me: I have some work with my people at Waddan, so stay here till I come back. I said: Do not lose your way. When he turned his back, I recalled the words of the Prophet (saws). So I rode my camel and galloped without stopping. When I reached al-Asafir, he was pursuing me with a group of men. So I galloped and forged ahead of him. When he saw me that I had outstripped him, they returned and he came to me.

He said to me: I had some work with my people. I said: Yes. We then went on until we reached Mecca, and I gave the goods to AbuSufyan.

The same hadith has been narrated by Ishaq b. Mansur on the authority of Jabir with another chain of transmitters.

This hadith has been narrated by another chain of transmitters on the authority of Husain b. Abd al-Rahman.

The hadlth has been narrated on the authority of 'Abd al-A'la b. Hammad with the same chain of transmitters.

This hadith has been narrated on the authority of Abd al-Karim al-Jazari with the same chain of transmitters.

This hadith has been narrated on the authority of Ibn Vmar with the same chain of transmitters, but there is no mention of Ibn Numair.

A hadith like this has been narrated on the authority of Hisham with the same chain of narrators but with a slight variation of words.

A hadith like this has been narrated on the authority of Rafi' b. Khadij through another chain of transmitters.

This hadith has been narrated on the authority of Abu Sa'id al-Khudri through another chain of transmitters.

This hadith has been narrated on the authority of Sahl b. Abu Hathma through another chain of transmitters.

This hadith has been narrated on the authority of 'Abdullah through another chain of transmitters with a slight variation of words.

It has been narrated on the authority of the same narrator through another chain of transmitters with the same difference in the wording.

A similar tradition has been transmitted by a different chain of narrators, on the same authority with a slight difference In the wording.

A similar tradition has been narrated on the authority of Hisham b. Hassan through a different chain of transmitters.

This hadith has been narrated on the authority of Abd al-Rahman b. Shumasa with another chain of transmitters.

This tradition has been handed down on the authority of Salman al-Khair through another chain of transmitters.

This hadith has been narrated oif the authority of 'Adi b. Hatim through another chain of transmitters.

This hadith has been narrated on the authority of Zuhri through a different chain of transmitters with a slight variation of wording.

This hadith has been narrated on the authority of Khalid al-Hadhdha' through different chains o transmitters.

This hadith has been transmitted on the authority of 'Uqba b. 'Amir al-Juhan with a slight change of wording.

A hadith like this has been reported on the authority of Ka'b b. Malik through another chain of transmitters.

This hadith has been reported on the authority of Ibn Hashim with the same chain of transmitters but with a slight variation of wording.

This hadith has been narrated through different chains of transmitters on the authority of Shu'ba with a slight variation of wording.

This hadith has been reported on the authority of Ishaq b. 'Abdullah b. Talha with the same chain of transmitters.

This hadith has been reported on the authority of 'A'isha through another chain of transmitters with a slight variation of wording.

This hadith has been narrated on the authority of Ibn Juraij with the same chain of transmitters but with a slight variation of wording.

This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters but there is no mention of the word" Haqq"" (fact).

The hadith has been narrated on the authority of Zuhri through the same chain of transmitters but with a slight variation of wording.

This hadith has been narrated on the authority of Hisham through another chain of transmitters but with a slight variation of wording.

This hadith has been narrated on the authority of Hisham through another chain of transmitters but with a slight variation of wording.

This hadith has been transmitted by Mansur on the authority of Abu al-Ahwas and Jarir with a slight variation of wording.

A hadith like this has been narrated on the authority of Nu'man b. Bashir through another chain of transmitters.

This hadith has been reported on the authority of Ibn Munkadir with the same chain of transmitters but with a slight variation of wording.

This hadith has been narrated on the authority of Ibn Shihab with the same chain of transmitters but with a slight variation of wording.

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters and there is no mention of his deficiency in limbs.

This hadith has been narrated on the authority of Anas through another chain of transmitters, but with a small variation of wording.

This hadith has been narrated on the authority of Abu Ishaq with the same chain of transmitters but with a slight variation of wording.

This hadith has been narrated on the authority of Safwan b. 'Abdullah b. Safwan with the same chain of transmitters.

This hadith has been narrated on the authority of Asma' daughter of Abu Bakr, through another chain of transmitters.

(The above mentioned) hadith has been narrated on the authority of Abu Huraira through another chain of transmitters.

This hadith has been narrated on the authority of Isma'il through other chains of transmitters with a slight variation of wording.

Allah's Apostle rode a donkey, equipped with a thick cloth-covering made in Fadak and was riding behind him. He was going to pay visit to Sa`d bin Ubada in Banu Al-Harith bin Al-Khazraj; and this incident happened before the battle of Badr. The Prophet passed by a gathering in which `Abdullah bin Ubai bin Salul was present, and that was before `Abdullah bin Ubai embraced Islam. Behold in that gathering there were people of different religions: there were Muslims, pagans, idol-worshippers and Jews, and in that gathering `Abdullah bin Rawaha was also present. When a cloud of dust raised by the donkey reached that gathering, `Abdullah bin Ubai covered his nose with his garment and then said, "Do not cover us with dust." Then Allah's Apostle greeted them and stopped and dismounted and invited them to Allah (i.e. to embrace Islam) and recited to them the Holy Qur'an. On that, `Abdullah bin Ubai bin Saluil said, "O man ! There is nothing better than that what you say. If it is the truth, then do not trouble us with it in our gatherings. Return to your mount (or residence) and if somebody comes to you, relate (your tales) to him." On that `Abdullah bin Rawaha said, "Yes, O Allah's Apostle! Bring it (i.e. what you want to say) to us in our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing one another till they were on the point of fighting with one another. The Prophet kept on quietening them till they became quiet, whereupon the Prophet rode his animal (mount) and proceeded till he entered upon Sa`d bin Ubada. The Prophet said to Sa`d, "Did you not hear what 'Abu Hub-b said?" He meant `Abdullah bin Ubai. "He said so-andso." On that Sa`d bin Ubada said, "O Allah's Apostle! Excuse and forgive him, for by Him Who revealed the Book to you, Allah brought the Truth which was sent to you at the time when the people of this town (i.e. Medina) had decided unanimously to crown him and tie a turban on his head (electing him as chief). But when Allah opposed that (decision) through the Truth which Allah gave to you, he (i.e. `Abdullah bin Ubai) was grieved with jealously. and that caused him to do what you have seen." So Allah's Apostle excused him, for the Prophet and his companions used to forgive the pagans and the people of Scripture as Allah had ordered them, and they used to put up with their mischief with patience. Allah said: "And you shall certainly hear much that will grieve you from those who received the Scripture before you and from the pagans........'(3.186) And Allah also said:--"Many of the people of the Scripture wish if they could turn you away as disbelievers after you have believed, from selfish envy.." (2.109) So the Prophet used to stick to the principle of forgiveness for them as long as Allah ordered him to do so till Allah permitted fighting them. So when Allah's Apostle fought the battle of Badr and Allah killed the nobles of Quraish infidels through him, Ibn Ubai bin Salul and the pagans and idolaters who were with him, said, "This matter (i.e. Islam) has appeared (i.e. became victorious)." So they gave the pledge of allegiance (for embracing Islam) to Allah's Apostle and became Muslims.

A Jew whose face had been slapped (by someone), came to the Prophet and said, "O Muhammad! A man from your Ansari companions slapped me. " The Prophet said, "Call him". They called him and the Prophet asked him, "Why did you slap his face?" He said, "O Allah's Apostle! While I was passing by the Jews, I heard him saying, 'By Him Who chose Moses above all the human beings.' I said (protestingly), 'Even above Muhammad?' So I became furious and slapped him." The Prophet said, "Do not give me preference to other prophets, for the people will become unconscious on the Day of Resurrection and I will be the first to gain conscious, and behold, I will Find Moses holding one of the pillars of the Throne (of Allah). Then I will not know whether he has become conscious before me or he has been exempted because of his unconsciousness at the mountain (during his worldly life) which he received."

Allah's Apostle, the true and truly inspired said, "(as regards your creation), every one of you is collected in the womb of his mother for the first forty days, and then he becomes a clot for another forty days, and then a piece of flesh for another forty days. Then Allah sends an angel to write four items: He writes his deeds, time of his death, means of his livelihood, and whether he will be wretched or blessed (in religion). Then the soul is breathed into his body. So a man may do deeds characteristic of the people of the (Hell) Fire, so much so that there is only the distance of a cubit between him and it, and then what has been written (by the angel) surpasses, and so he starts doing deeds characteristic of the people of Paradise and enters Paradise. Similarly, a person may do deeds characteristic of the people of Paradise, so much so that there is only the distance of a cubit between him and it, and then what has been written (by the angel) surpasses, and he starts doing deeds of the people of the (Hell) Fire and enters the (Hell) Fire."

Three principles were established because of Barira: (i) When Banra was manumitted she was given the option (to remain with her slave husband or not). (ii) Allah's Apostle said "The Wala of the slave) is for the one who manumits (the slave). (iii) When Allah's Apostle entered (the house), he saw a cooking pot on the fire but he was given bread and meat soup from the soup of the home. The Prophet said, "Didn't I see the cooking pot (on the fire)?" It was said, "That is the meat given in charity to Barira, and you do not eat the (things given in) charity." The Prophet said, "It is an object of charity for Barira, and it is a present for us."

The Prophet said, "Whoever possesses the following three qualities will taste the sweetness of faith:

1. The one to whom Allah and His Apostle become dearer than anything else.

2. Who loves a person and he loves him only for Allah's sake.

3. Who hates to revert to disbelief (Atheism) after Allah has brought (saved) him out from it, as he hates to be thrown in fire."