Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab decided on a camel for each molar, and Muawiya ibn Abi Sufyan decided on five camels for each molar."

Said ibn al-Musayyab said, "The blood-money is less in the judgement of Umar ibn al-Khattab and more in the judgement of Muawiya. Had it been me, I would have made it two camels for each molar. That is the fair blood-money, and every one who strives with ijtihad is rewarded."

The Prophet said, "The upper hand is better than the lower hand (i.e. he who gives in charity is better than him who takes it). One should start giving first to his dependents. And the best object of charity is that which is given by a wealthy person (from the money which is left after his expenses). And whoever abstains from asking others for some financial help, Allah will give him and save him from asking others, Allah will make him self-sufficient."

I bought Barirah but her masters put the condition that her Wala' would be for them. I told the Prophet about it. He said (to me), "Manumit (free) her as her Wala' will be for the one who pays the price." So, I manumitted (freed) her. The Prophet called Barirah and gave her the option of either staying with her husband or leaving him. She said, "Even if he gave me so much money, I would not stay with him," and so she preferred her freedom to her husband.

`Abdullah bin Abu Hadrad Al-Aslami owed Ka`b bin Malik some money. One day the latter met the former and demanded his right, and their voices grew very loud. The Prophet passed by them and said, "O Ka`b," beckoning with his hand as if intending to say, "Deduct half the debts." So, Ka`b took half what the other owed him and remitted the other half.

One day Ibn `Umar, while in the Mosque, looked at a man who was dragging his clothes while walking in one of the corners of the Mosque He said, "See who is that. I wish he was near to me." Somebody then said (to Ibn `Umar), "Don't you know him, O Abu `Abdur-Rahman? He is Muhammad bin Usama." On that Ibn `Umar bowed his head and dug the earth with his hands and then, said, "If Allah's Apostle saw him, he would have loved him."

(a man from the Ansar) that a number of people from his tribe went to Khaibar and dispersed, and then they found one of them murdered. They said to the people with whom the corpse had been found, "You have killed our companion!" Those people said, "Neither have we killed him, nor do we know his killer." The bereaved group went to the Prophet and said, "O Allah's Apostle! We went to Khaibar and found one of us murdered." The Prophet said, "Let the older among you come forward and speak." Then the Prophet said, to them, "Bring your proof against the killer." They said "We have no proof." The Prophet said, "Then they (the defendants) will take an oath." They said, "We do not accept the oaths of the Jews." Allah's Apostle did not like that the Blood-money of the killed one be lost without compensation, so he paid one-hundred camels out of the camels of Zakat (to the relatives of the deceased) as Diya (Blood-money).

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

Thereupon, Imran got angry and said to the man: Do you find in the Qur'an that one dirham is due on forty dirhams (as Zakat), and one goat is due on such-and-such number of goats, and one camel will be due on such-and-such number of camels?

He replied: No.

He said: From whom did you take it? You took it from us, from the Messenger of Allah (saws).

He mentioned many similar things.

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

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

He (Abu Hurayrah) said: I heard my friend AbulQasim (saws) say: On the Day of Resurrection Allah will raise martyrs from the mosque of al-Ashshar, who will be the only ones to rise with the martyrs of Badr.

Abu Dawud said: This mosque is near the river.

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

Malik said that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked, "Does one deal more harshly in taking the blood-money in the sacred month?" They said, "No. But it is increased in it because of violating the month." It was said to Said, "Does one increase for the wound as one increases for the life?" He said, "Yes."

Malik added, "I think that they meant the same as what Umar ibn al-Khattab did with respect to the blood-money of the Mudliji when he struck his son." (i.e. giving 120 camels instead of 100).

"I read in the Tawrah that the blessing for food is in the Wudu' after it. So I mentioned that to the Prophet (saws), telling him what I read in the Tawrah. So the Messenger of Allah (saws) said: 'The food's blessing is in the Wudu' before it and the Wudu' after it.'"

He said: There are narrations on this topic from Anas and Abu Hurairah.

[Abu 'Eisa said:] We do not know of this Hadith except as a narration of Qais bin Ar-Rabi'. Qais [bin Ar-Rabi'] was graded weak in Hadith. Abu Hashim Ar-Rumani's (a narrator in the chain) name is Yahya bin Dinar.

That the Prophet (saws) said: "Going out in the morning in the cause of Allah, or in the afternoon, is better than the world and what is in it."

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

The Abu Hazim who reported from Ashl bin Sa'd is Abu Hazim Az-Zahid. He is from Al-Madinah, and his name is Salamah bin Dinar. While [this] Abu Hazim who reported from Abu Hurairah is Abu Hazim Al-Ashja'i Al-Kufi, whose name is Salman, and he is the freed slave of 'Azzah Al-Ashja'iyyah.

Aisha told me that Barirah came to seek her help in writing for emancipation and at that time she had not paid any part of her price. `Aisha said to her, "Go to your masters and if they agree that I will pay your price (and free you) on condition that your Wala' will be for me, I will pay the money." Barirah told her masters about that, but they refused, and said, "If `Aisha wants to do a favor she could, but your Wala will be for us." Aisha informed Allah's Apostle of that and he said to her, "Buy and manumit Barirah as the Wala' will go to the manumitted."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, was brought a drink and he drank some of it. There was a boy at his right and some old men on his left. He said to the boy, "Will you give me permission to give it to these people?" The boy said, "No, Messenger of Allah, I will not prefer anyone to get my portion from you." He said, "So the Messenger of Allah, may Allah bless him and grant him peace, placed it in his hand."

Malik related to me from Abdullah ibn Dinar saying, "Abdullah ibn Umar and I were at the house of Khalid ibn Uqba who was away at the market. A man came who wanted to speak to Abdullah ibn Umar and I was the only other person present Abdullah ibn Umar called another man so that we were four and said to me and the man whom he had called, 'Go a little way off together, because I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Two do not converse secretly to the exclusion of another.' "'

I came to Al-`Asi bin Wail As-Sahmi and demanded something which he owed me. He said, "I will not give you (your money) till you disbelieve in Muhammad." I said, "No, I shall not disbelieve in Muhammad till you die and then be resurrected." He said, "Will I die and then be resurrected?" I said, 'Yes'. He said', "Then I will have wealth and children there, and I will pay you (there)." So this Verse was revealed:-- 'Have you then seen him who disbelieved in Our Signs and (yet) says: I shall certainly be given wealth and children? (19.77)

Aisha said, "I bought Barira and her masters stipulated that the Wala would be for them." Aisha mentioned that to the Prophet and he said, "Manumit her, as the Wala is for the one who gives the silver (i.e. pays the price for freeing the slave)." Aisha added, "So I manumitted her. After that, the Prophet caller her (Barira) and gave her the choice to go back to her husband or not. She said, "If he gave me so much and so much (money) I would not stay with him." So she selected her ownself (i.e. refused to go back to her husband)."

Yahya related to me from Zayd ibn Aslam that his father said that he had heard Umar ibn al-Khattab say, "I once gave a noble horse to carry somebody in the way of Allah, and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, 'Do not buy it, even if he gives it to you for one dirham, for someone who takes back his sadaqa is like a dog swallowing its own vomit.' "

"The Messenger of Allah (saws) cae out from the toilet and some food was brought to him. They said: 'Shall we bring you some water for Wudu'?' He said: 'I have only been ordered to perform Wudu' when standing for Salat.'"

[Abu 'Eisa said:] This Hadith is Hasan [Sahih]. 'Amr bin Dinar has reported it from Sa'eed bin Al-Huwairith, from Ibn 'Abbas. 'Ali bin Al-Madini said: 'Sufyan Ath-Thawri disliked washing the hands before eating food, and he disliked placing the bread under the bowl.'"

The Prophet (saws) said: (The standard) weight is the weight of the people of Mecca, and the (standard) measure is the measure of the people of Medina.

Abu Dawud said: Al-Firyabi and Abu Ahmad have also transmitted from Sufyan in a similar way, and he (Ibn Dukain) agreed with them on the text. The version of Abu Ahmad has: "from Ibn 'Abbas" instead of Ibn 'Umar. It has also been transmitted by al-Walid b. Muslim from Hanzalah. This version has: "the weight of Medina and the measure of Mecca."

Abu Dawud said: There is a variation in the text of the version of this tradition narrated by Malik b. Dinar from 'Ata' from the Prophet (saws).

The Messenger of Allah (saws) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her.

Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from his father that in a letter which the Messenger of Allah, may Allah bless him and grant him peace, sent to Amr ibn Hazm about blood-money he wrote that it was one hundred camels for a life, one hundred camels for a nose if completely removed, a third of the blood-money for a wound in the brain, the same as that for a belly wound, fifty for an eye, fifty for a hand, fifty for a foot, ten camels for each finger, and five for teeth, and five for a head wound which laid bare the bone.

Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, told the people of Madina to enter ihram at Dhu'l-Hulayfa, the people of Syria to do so at al-Juhfa, and the people of Najd to do so at Qarn.'

Abdullah ibn Umar said, "I heard these three from the Messenger of Allah, may Allah bless him and grant him peace. I was also told that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The people of Yemen should enter ihram at Yalamlam.' "

I asked `Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" `Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever).

Narrated Abu Huraira

The Prophet said, "A man from Bani Israel asked someone from Bani Israel to give him a loan of one thousand Dinars and the later gave it to him. The debtor went on a voyage (when the time for the payment of the debt became due) but he did not find a boat, so he took a piece of wood and bored it and put 1000 diners in it and threw it into the sea. The creditor went out and took the piece of wood to his family to be used as fire-wood." (See Hadith No. 488 B, Vol. 3). And the Prophet narrated the narration (and said), "When he sawed the wood, he found his money."

Dawud ibn Salih ibn Dinar at-Tammar quoted his mother as saying that her mistress sent her with some pudding (harisah) to Aisha who was offering prayer. She made a sign to me to place it down. A cat came and ate some of it, but when Aisha finished her prayer, she ate from the place where the cat had eaten. She stated: The Messenger of Allah (saws) said: It is not unclean: it is one of those who go round among you. She added: I saw the Messenger of Allah (saws) performing ablution from the water left over by the cat.

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)

Yahya related to me from Malik from Yahya ibn Said, that Said ibn al-Musayyab said, "For every piercing wound in any of the organs or limbs of the body, one third of the blood-money of that limb is payable."

A man of the Ansar came to the Prophet (saws) and begged from him.

He (the Prophet) asked: Have you nothing in your house? He replied: Yes, a piece of cloth, a part of which we wear and a part of which we spread (on the ground), and a wooden bowl from which we drink water.

He said: Bring them to me. He then brought these articles to him and he (the Prophet) took them in his hands and asked: Who will buy these? A man said: I shall buy them for one dirham. He said twice or thrice: Who will offer more than one dirham? A man said: I shall buy them for two dirhams.

He gave these to him and took the two dirhams and, giving them to the Ansari, he said: Buy food with one of them and hand it to your family, and buy an axe and bring it to me. He then brought it to him. The Messenger of Allah (saws) fixed a handle on it with his own hands and said: Go, gather firewood and sell it, and do not let me see you for a fortnight. The man went away and gathered firewood and sold it. When he had earned ten dirhams, he came to him and bought a garment with some of them and food with the others.

The Messenger of Allah (saws) then said: This is better for you than that begging should come as a spot on your face on the Day of Judgment. Begging is right only for three people: one who is in grinding poverty, one who is seriously in debt, or one who is responsible for compensation and finds it difficult to pay.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.

Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.

Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.

Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."

`Umar saw a silken cloak over a man (for sale) so he took it to the Prophet and said, 'O Allah's Apostle! Buy this and wear it when the delegate come to you.' He said, 'The silk is worn by one who will have no share (in the Here-after).' Some time passed after this event, and then the Prophet sent a (similar) cloak to him. `Umar brought that cloak back to the Prophet and said, 'You have sent this to me, and you said about a similar one what you said?' The Prophet said, 'I have sent it to you so that you may get money by selling it.' Because of this, Ibn `Umar used to hate the silken markings on the garments.

I asked the Prophet about the wall (outside the Ka`ba). "Is it regarded as part of the Ka`ba?" He replied, "Yes." I said, "Then why didn't the people include it in the Ka`ba?" He said, "(Because) your people ran short of money." I asked, "Then why is its gate so high?" He replied, ''Your people did so in order to admit to it whom they would and forbid whom they would. Were your people not still close to the period of ignorance, and were I not afraid that their hearts might deny my action, then surely I would include the wall in the Ka`ba and make its gate touch the ground."

My father said, "I heard Ibn `Umar reciting the poetic verses of Abu Talib: And a white (person) (i.e. the Prophet) who is requested to pray for rain and who takes care of the orphans and is the guardian of widows." Salim's father (Ibn `Umar) said, "The following poetic verse occurred to my mind while I was looking at the face of the Prophet (p.b.u.h) while he was praying for rain. He did not get down till the rain water flowed profusely from every roof-gutter: And a white (person) who is requested to pray for rain and who takes care of the orphans and is the guardian of widows . . . And these were the words of Abu Talib."

I was a blacksmith and did some work for Al-`As bin Wail. When he owed me some money for my work, I went to him to ask for that amount. He said, "I will not pay you unless you disbelieve in Muhammad." I said, "By Allah! I will never do that till you die and be resurrected." He said, "Will I be dead and then resurrected after my death?" I said, "Yes." He said, "There I will have property and offspring and then I will pay you your due." Then Allah revealed. 'Have you seen him who disbelieved in Our signs, and yet says: I will be given property and offspring?' (19.77)

A man asked Allah's Apostle about the Luqata. He said, "Make public announcement of it for one year, then remember the description of its container and the string it is tied with, utilize the money, and if its owner comes back after that, give it to him." The people asked, "O Allah's Apostle! What about a lost sheep?" Allah's Apostle said, "Take it, for it is for you, for your brother, or for the wolf." The man asked, "O Allah's Apostle! What about a lost camel?" Allah's Apostle got angry and his cheeks or face became red, and said, "You have no concern with it as it has its feet, and its watercontainer, till its owner finds it."

Jabir bin `Abdullah said, "When the Prophet died, Abu Bakr received some property from Al-`Ala bin Al-Hadrami. Abu Bakr said to the people, "Whoever has a money claim on the Prophet, or was promised something by him, should come to us (so that we may pay him his right)." Jabir added, "I said (to Abu Bakr), Allah's Apostle promised me that he would give me this much, and this much, and this much (spreading his hands three times)." Jabir added, "Abu Bakr counted for me and handed me five-hundred (gold pieces), and then five-hundred, and then five-hundred."

Yahya related to me from Malik that Ibn Shihab said, "The precedent of the sunna is that the tribe are not liable for any blood- money of an intentional killing unless they wish that."

Yahya related to me from Malik from Yahya ibn Said the same as that.

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."

Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "

Yahya said that Malik spoke about an agent who had qirad money with him and he spent from it and clothed himself. He said, "He cannot give away any of it, and neither a beggar nor anyone else is to be given any of it and he does not pay anyone compensation from it. If he meets some people, and they bring out food and he brings out food, I hope that that will be permitted to him if he does not intend to bestow something on them. If he intends that or what is like that without the permission of the investor, he must get the sanction of the investor for it. If he sanctions it, there is no harm. If he refuses to sanction it, he must repay it with like if he has something which is suitable as compensation."

(the Maula of Munba'ith) The Prophet was asked regarding the case of a lost sheep. He said, "You should take it, because it is for you, or for your brother, or for the wolf." Then he was asked about a lost camel. He got angry and his face became red and he said (to the questioner), "You have nothing to do with it; it has its feet and its water container with it; it can go on drinking water and eating trees till its owner meets it." And then the Prophet was asked about a Luqata (money found by somebody). He said, "Remember and recognize its tying material and its container, and make public announcement about it for one year. If somebody comes and identifies it (then give it to him), otherwise add it to your property."

(the clerk of Al-Mughira bin Shu`ba) Muawiya wrote to Al-Mughira: "Write to me a narration you have heard from Allah's Apostle." So Al-Mughira wrote to him, "I heard him saying the following after each prayer: 'La ilaha illal-lahu wahdahu la sharika lahu, lahu-l-mulk wa lahuI-hamd, wa huwa 'ala kulli Shai-in qadir.' He also used to forbid idle talk, asking too many questions (in religion), wasting money, preventing what should be given, and asking others for something (except in great need), being undutiful to mothers, and burying one's little daughters (alive).

Malik said, I still hear that when a person in ihram kills an ostrich, a camel is due."

Malik said, "I think that for an ostrich egg, one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars, and that is one-tenth of what the blood-money for the mother would be.

"Birds from the eagle family, eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid, the assessment is the same, whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman, are considered to be the same."

From his father, from his grandfather that he heard the Messenger of Allah (saws) delivering a Khutbah in which he said: "Whoever gives a writ of emancipation to his slave, for one hundred Uqiyyah, and he pays it to him less then ten Uqiyah." - or he said: "Ten Dirham" - "then he becomes incapable (of paying the remainder), the he remains a slave."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. And this acted upon according to most of the people of knowledge among the Companions of the Prophet (saws) and others: The Mukatab is a slave as long as something remains due from him for his Kitabah.

Al-Hajjaj bin Artat reported similarly from 'Amr bin Shu'aib.

Allah's Apostle said, "A man bought a piece of land from another man, and the buyer found an earthenware jar filled with gold in the land. The buyer said to the seller. 'Take your gold, as I have bought only the land from you, but I have not bought the gold from you.' The (former) owner of the land said, "I have sold you the land with everything in it.' So both of them took their case before a man who asked, 'Do you have children?' One of them said, "I have a boy.' The other said, "I have a girl.' The man said, 'Marry the girl to the boy and spend the money on both of them and give the rest of it in charity.'"

Allah's Apostle said, "There is no Diya for persons killed by animals or for the one who has been killed accidentally by falling into a well or for the one killed in a mine. And one-fifth of Rikaz (treasures buried before the Islamic era) is to be given to the state."

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."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."