Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

I used to sell camels at al-Baqi for dinars and take dirhams for them, and sell for dirhams and take dinars for them. I would take these for these and give these for these. I went to the Messenger of Allah (saws) who was in the house of Hafsah. I said: Messenger of Allah , take it easy, I shall ask you (a question): I sell camels at al-Baqi'. I sell (them) for dinars and take dirhams and I sell for dirhams and take dinars. I take these for these, and give these for these. The Messenger of Allah (saws) then said: There is no harm in taking them at the current rate so long as you do not separate leaving something to be settled.

The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)

Yahya related to me from Malik that Nafi and Abdullah ibn Dinar told him that Abdullah ibn Umar arrived at Kufa and went to Sad ibn Abi Waqqas, who was the Amir of Kufa at that time. Abdullah ibn Umar saw him wiping over his leather socks and disapproved of it. So Sad said to him, "Ask your father when you get back." Abdullah returned but forgot to ask Umar about the matter until Sad arrived and said, "Have you asked your father?" and he said, "No."

Abdullah then asked Umar and Umar replied, "If your feet are ritually pure when you put them in the leather socks then you can wipe over the socks." Abdullah said ,"What about if we have just come from relieving ourselves?" Umar said, "Yes, even if you have just come from relieving yourself."

`Aisha bought Barira in order to manumit her, but her masters stipulated that her Wala' (after her death) would be for them. `Aisha said, "O Allah's Apostle! I have bought Barira in order to manumit her, but her masters stipulated that her Wala' will be for them." The Prophet said, "Manumit her as the Wala is for the one who manumits (the slave)," or said, "The one who pays her price." Then `Aisha bought and manumitted her. After that, Barira was given the choice (by the Prophet) (to stay with her husband or leave him). She said, "If he gave me so much and so much (money) I would not stay with him." (Al-Aswad added: Her husband was a free man.) The sub-narrator added: The series of the narrators of Al-Aswad's statement is incomplete. The statement of Ibn `Abbas, i.e., when I saw him he was a slave, is more authentic.

I asked the Prophet whether the round wall (near Ka`ba) was part of the Ka`ba. The Prophet replied in the affirmative. I further said, "What is wrong with them, why have they not included it in the building of the Ka`ba?" He said, "Don't you see that your people (Quraish) ran short of money (so they could not include it inside the building of Ka`ba)?" I asked, "What about its gate? Why is it so high?" He replied, "Your people did this so as to admit into it whomever they liked and prevent whomever they liked. Were your people not close to the Pre-Islamic Period of ignorance (i.e. they have recently embraced Islam) and were I not afraid that they would dislike it, surely I would have included the (area of the) wall inside the building of the Ka`ba and I would have lowered its gate to the level of the ground."

From Malik bin Aws bin Hadathan that he said: "I once said: 'Who can change some Dirham?' So Talhah bin 'Ubaidullah - and he was with 'Umar bin Al-Khattab - said: "Leave your gold with us, then return to us when our servant comes and we will give you your silver." 'Umar bin Al-Khattab said: "No! By Allah! Either give him his silver or return his gold to him. Indeed the Messenger of Allah (saws) said: 'Silver for gold is Riba, except for hand to hand; and wheat for wheat is Riba except for hand to hand; and barley for barley is Riba except hand to hand; and dried-dates for dried-dates is Riba except for hand to hand.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to the people of knowledge. And the meaning of Ha' Wa Ha' is hand to hand.

On his father's authority, said that his grandfather reported that the value of the blood-money at the time of the Messenger of Allah (saws) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims.

He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)

Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."

Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.

Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."

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

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

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

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

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

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

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

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

On his father's authority, said that his grandfather told that a A man came to the Prophet (saws) crying for help. He said: His slave-girl, Messenger of Allah! He said: Woe to you, what happened with you ? He said that it was an evil one. He saw the slave-girl of his master; he became jealous of him, and cut off his penis. The Messenger of Allah (saws) said: Bring the man to me. The man was called, but people could not get control over him. The Messenger of Allah (saws) then said: Go away, you are free. He asked: Messenger of Allah! upon whom does my help lie? He replied: On every believer, or he said: On every Muslim.

Abu Dawud said: The name of the man who was emancipated was Rawh b. Dinar

Abu Dawud said: The man who cut off the penis was Zinba'

Abu Dawud said: The Zinba' Abu Rawh was master of the slave.

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

While I as in the company of Salman bin Rabi`a and Suhan, in one of the holy battles, I found a whip. One of them told me to drop it but I refused to do so and said that I would give it to its owner if I found him, otherwise I would utilize it. On our return we performed Hajj and on passing by Medina, I asked Ubai bin Ka`b about it. He said, "I found a bag containing a hundred Dinars in the lifetime of the Prophet and took it to the Prophet who said to me, 'Make public announcement about it for one year.' So, I announced it for one year and went to the Prophet who said, 'Announce it publicly for another year.' So, I announced it for another year. I went to him again and he said, "Announce for an other year." So I announced for still another year. I went to the Prophet for the fourth time, and he said, 'Remember the amount of money, the description of its container and the string it is tied with, and if the owner comes, give it to him; otherwise, utilize it.' "

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say,' 'When a tooth is struck and becomes black, there is complete blood- money for it. If it falls out after it becomes black, there is also the complete blood-money for it."

The Prophet appointed a man from the tribe of Bani Asad, called Ibn Al-Utabiyya to collect the Zakat. When he returned (with the money) he said (to the Prophet), "This is for you and this has been given to me as a gift." The Prophet stood up on the pulpit (Sufyan said he ascended the pulpit), and after glorifying and praising Allah, he said, "What is wrong with the employee whom we send (to collect Zakat from the public) that he returns to say, 'This is for you and that is for me?' Why didn't he stay at his father's and mother's house to see whether he will be given gifts or not? By Him in Whose Hand my life is, whoever takes anything illegally will bring it on the Day of Resurrection by carrying it over his neck: if it is a camel, it will be grunting: if it is a cow, it will be mooing: and if it is a sheep it will be bleating!" The Prophet then raised both his hands till we saw the whiteness of his armpits (and he said), "No doubt! Haven't I conveyed Allah's Message?" And he repeated it three times.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab used to say, "The full blood-money is payable for cutting off both lips, but when the lower one only is cut off, two-thirds of the blood-money is due for it."

For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): 'O you who believe! Qisas is prescribed for you in case of murder, .....(up to) ...end of the Verse. (2.178) Ibn `Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn `Abbas added: The Verse: 'Then the relatives should demand Blood-money in a reasonable manner.' (2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.

`Umar bin Al-Khattab asked (the people) about the Imlas of a woman, i.e., a woman who has an abortion because of having been beaten on her `Abdomen, saying, "Who among you has heard anything about it from the Prophet?" I said, "I did.'' He said, "What is that?" I said, "I heard the Prophet saying, "Its Diya (blood money) is either a male or a female slave.' " `Umar said, "Do not leave till you present witness in support of your statement." So I went out, and found Muhammad bin Maslama. I brought him, and he bore witness with me that he had heard the Prophet saying, "Its Diya (blood money) is either a male slave or a female slave."

The Prophet said, "There is no Diya for a person injured or killed by an animal (going about without somebody to control it) and similarly, there is no Diya for the one who falls and dies in a well, and also the one who dies in a mine. As regards the Ar-Rikaz (buried wealth), one-fifth thereof is for the state."

that he had heard Hudhaifa saying, "Once I was sitting with `Umar and he said, 'Who amongst you remembers the statement of Allah's Apostle about the afflictions?' I said, 'I know it as the Prophet had said it.' `Umar said, 'No doubt you are bold.' I said, 'The afflictions caused for a man by his wife, money, children and neighbor are expiated by his prayers, fasting, charity and by enjoining (what is good) and forbidding (what is evil).' `Umar said, 'I did not mean that but I asked about that affliction which will spread like the waves of the sea.' I (Hudhaifa) said, 'O leader of the faithful believers! You need not be afraid of it as there is a closed door between you and it.' `Umar asked, Will the door be broken or opened?' I replied, 'It will be broken.' `Umar said, 'Then it will never be closed again.' I was asked whether `Umar knew that door. I replied that he knew it as one knows that there will be night before the tomorrow morning. I narrated a Hadith that was free from any misstatement" The subnarrator added that they deputized Masruq to ask Hudhaifa (about the door). Hudhaifa said, "The door was `Umar himself."

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."

Allah's Apostle said, "On the Day of Resurrection the Kanz (Treasure or wealth of which, Zakat has not been paid) of anyone of you will appear in the shape of a huge bald headed poisonous male snake and its owner will run away from it, but it will follow him and say, 'I am your Kanz.'" The Prophet added, "By Allah, that snake will keep on following him until he stretches out his hand and let the snake swallow it." Allah's Apostle added, "If the owner of camels does not pay their Zakat, then, on the Day of Resurrection those camels will come to him and will strike his face with their hooves." Some people said: Concerning a man who has camels, and is afraid that Zakat will be due so he sells those camels for similar camels or for sheep or cows or money one day before Zakat becomes due in order to avoid payment of their Zakat cunningly! "He has not to pay anything." The same scholar said, "If one pays Zakat of his camels one day or one year prior to the end of the year (by the end of which Zakat becomes due), his Zakat will be valid."

Some people went to Sahl bin Sa`d As-Sa`idi and told him that they had different opinions regarding the wood of the pulpit. They asked him about it and he said, "By Allah, I know of what wood the pulpit was made, and no doubt I saw it on the very first day when Allah's Apostle took his seat on it. Allah's Apostle sent for such and such an Ansari woman (and Sahl mentioned her name) and said to her, 'Order your slave-carpenter to prepare for me some pieces of wood (i.e. pulpit) on which I may sit at the time of addressing the people.' So she ordered her slave-carpenter and he made it from the tamarisk of the forest and brought it (to the woman). The woman sent that (pulpit) to Allah's Apostle who ordered it to be placed here. Then I saw Allah's Apostle praying on it and then bowed on it. Then he stepped back, got down and prostrated on the ground near the foot of the pulpit and again ascended the pulpit. After finishing the prayer he faced the people and said, 'I have done this so that you may follow me and learn the way I pray.' "

(who was an ally of Bam `Amr bin Lu'ai and one of those who had taken part in (the Ghazwa of) Badr): Allah's Apostle sent Abu 'Ubaida bin Al-Jarreh to Bahrain to collect the Jizya. Allah's Apostle had established peace with the people of Bahrain and appointed Al-`Ala' bin Al-Hadrami as their governor. When Abu 'Ubaida came from Bahrain with the money, the Ansar heard of Abu 'Ubaida's arrival which coincided with the time of the morning prayer with the Prophet. When Allah's Apostle led them in the morning prayer and finished, the Ansar approached him, and he looked at them and smiled on seeing them and said, "I feel that you have heard that Abu. 'Ubaida has brought something?" They said, "Yes, O Allah's Apostle' He said, "Rejoice and hope for what will please you! By Allah, I am not afraid of your poverty but I am afraid that you will lead a life of luxury as past nations did, whereupon you will compete with each other for it, as they competed for it, and it will destroy you as it destroyed them."

Anas bin Malik said, "The Prophet took Safiya as a captive. He manumitted her and married her." Thabit asked Anas, "What did he give her as Mahr (i.e. marriage gift)?" Anas replied. "Her Mahr was herself, for he manumitted her."

That `Amr bin `Auf, who was an ally of Bani 'Amir bin Luai and one of those who fought at Badr in the company of the Prophet , said, "Allah's Apostle sent Abu 'Ubaida bin Al-Jarrah to Bahrain to bring the Jizya taxation from its people, for Allah's Apostle had made a peace treaty with the people of Bahrain and appointed Al-`Ala' bin Al-Hadrami as their ruler. So, Abu 'Ubaida arrived with the money from Bahrain. When the Ansar heard of the arrival of Abu 'Ubaida (on the next day) they offered the morning prayer with the Prophet and when the morning prayer had finished, they presented themselves before him. On seeing the Ansar, Allah's Apostle smiled and said, "I think you have heard that Abu 'Ubaida has brought something?" They replied, "Indeed, it is so, O Allah's Apostle!" He said, "Be happy, and hope for what will please you. By Allah, I am not afraid that you will be poor, but I fear that worldly wealth will be bestowed upon you as it was bestowed upon those who lived before you. So you will compete amongst yourselves for it, as they competed for it and it will destroy you as it did them."

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

(An ally of the tribe of Bani 'Amir bin Lu'ai and one of those who had witnessed the battle of Badr with Allah's Apostle) Allah's Apostle sent Abu 'Ubaida bin AlJarrah to Bahrain to collect the Jizya tax. Allah's Apostle had concluded a peace treaty with the people of Bahrain and appointed Al 'Ala bin Al-Hadrami as their chief; Abu Ubaida arrived from Bahrain with the money. The Ansar heard of Abu 'Ubaida's arrival which coincided with the Fajr (morning) prayer led by Allah's Apostle. When the Prophet finished the prayer, they came to him. Allah's Apostle smiled when he saw them and said, "I think you have heard of the arrival of Abu 'Ubaida and that he has brought something." They replied, "Yes, O Allah's Apostle! " He said, "Have the good news, and hope for what will please you. By Allah, I am not afraid that you will become poor, but I am afraid that worldly wealth will be given to you in abundance as it was given to those (nations) before you, and you will start competing each other for it as the previous nations competed for it, and then it will divert you (from good) as it diverted them." '

Some poor people came to the Prophet and said, "The wealthy people will get higher grades and will have permanent enjoyment and they pray like us and fast as we do. They have more money by which they perform the Hajj, and `Umra; fight and struggle in Allah's Cause and give in charity." The Prophet said, "Shall I not tell you a thing upon which if you acted you would catch up with those who have surpassed you? Nobody would overtake you and you would be better than the people amongst whom you live except those who would do the same. Say "Subhana l-lah", "Al hamdu li l-lah" and "Allahu Akbar" thirty three times each after every (compulsory) prayer." We differed and some of us said that we should say, "Subhan-al-lah" thirty three times and "Al hamdu li l-lah" thirty three times and "Allahu Akbar" thirty four times. I went to the Prophet who said, "Say, "Subhan-al-lah" and "Al hamdu li l-lah" and "Allahu Akbar" all together [??], thirty three times."

The Prophet said, "The example of Muslims, Jews and Christians is like the example of a man who employed laborers to work for him from morning till night for specific wages. They worked till midday and then said, 'We do not need your money which you have fixed for us and let whatever we have done be annulled.' The man said to them, 'Don't quit the work, but complete the rest of it and take your full wages.' But they refused and went away. The man employed another batch after them and said to them, 'Complete the rest of the day and yours will be the wages I had fixed for the first batch.' So, they worked till the time of `Asr prayer. Then they said, "Let what we have done be annulled and keep the wages you have promised us for yourself.' The man said to them, 'Complete the rest of the work, as only a little of the day remains,' but they refused. Thereafter he employed another batch to work for the rest of the day and they worked for the rest of the day till the sunset, and they received the wages of the two former batches. So, that was the example of those people (Muslims) and the example of this light (guidance) which they have accepted willingly.

Yahya said that Malik spoke about an investor who made a qirad loan to a man.

He said, "When the investment is large, the travelling expenses of the agent are taken from it. He can use it to eat and clothe himself in an acceptable fashion according to the size of the investment. If it saves him trouble, he can take a wage from some of the capital, if it is large, and he cannot support himself. There are certain jobs which an agent or his like are not responsible for, amongst them are collecting debts, transporting the goods, loading up and so forth. He can hire from the capital someone to do that for him. The agent should not spend from the capital nor clothe himself from it while he resides with his family. It is only permitted for him to have expenses when he travels for the investment. The expenses are taken from the capital. If he is only trading with the property in the city in which he resides, he has no expenses from the capital and no clothing."

Malik spoke about an investor who paid qirad money to a man, and the agent went out with it and with his own capital. He said, "The expenses come from the qirad and from his own capital according to their proportions."

Buraidah reported the Apostle of Allaah(saws) as saying “Respect to be shown by those who stay at home to the women of those who are engaged in jihad is t be like that shown to their mothers. If any man among those who stay at home is entrusted with the oversight of one’s family who is engaged in jihad and betrays him, he will be setup for him on the Day of Resurrection and he (the mujahid) will be told “This (man) was entrusted with the oversight of your family, so take what you want from his good deeds. The Apostle of Allaah(saws) turned towards us and said “So what do you think.”

Abu Dawud said “Qa’nab (a narrator of this tradition) was a pious man. Ibn Abi Laila intended to appoint him a judge, but he refused and said “If I intend to fulfill my need of a dirham, I seek the help of a person for it. He said “Which of us does not seek the help in his need? He said “Bring me out so that I may see. So he was brought out, and he concealed himself. Sufyan said “While he was concealing himself.” Sufyan said “While he was concealing himself the house suddenly fell on him and he died.”

Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.

Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "

Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.

Malik said, "Three is the most preferable to me of what I have heard on that."

Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

`Abdur Rahman bin `Auf married a woman and gave her gold equal to the weight of a date stone (as Mahr). When the Prophet noticed the signs of cheerfulness of the marriage (on his face) and asked him about it, he said, "I have married a woman and gave (her) gold equal to a date stone in weight (as Mahr).

A man bit another man's hand and the latter pulled his hand out of his mouth by force, causing two of his incisors (teeth) to fall out. They submitted their case to the Prophet, who said, "One of you bit his brother as a male camel bites. (Go away), there is no Diya (Blood-money) for you."

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim.

Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it."

Sa'id said: Umar ibn al-Khattab said: Blood-money is meant for the clan of the slain, and she will not inherit from the blood-money of her husband. Ad-Dahhak ibn Sufyan said: The Messenger of Allah (saws) wrote to me that I should give a share to the wife of Ashyam ad-Dubabi from the blood-money of her husband. So Umar withdrew his opinion.

Ahmad ibn Salih said: AbdurRazzaq transmitted this tradition to us from Ma'mar, from az-Zuhri on the authority of Sa'id. In this version he said: The Prophet (saws) made him governor over the bedouins.

Once I went with `Umar bin Al-Khattab to the market. A young woman followed `Umar and said, "O chief of the believers! My husband has died, leaving little children. By Allah, they have not even a sheep's trotter to cook; they have no farms or animals. I am afraid that they may die because of hunger, and I am the daughter of Khufaf bin Ima Al-Ghafari, and my father witnessed the Pledge of allegiance) of Al-Hudaibiya with the Prophet.' `Umar stopped and did not proceed, and said, "I welcome my near relative." Then he went towards a strong camel which was tied in the house, and carried on to it, two sacks he had loaded with food grains and put between them money and clothes and gave her its rope to hold and said, "Lead it, and this provision will not finish till Allah gives you a good supply." A man said, "O chief of the believers! You have given her too much." "`Umar said disapprovingly. "May your mother be bereaved of you! By Allah, I have seen her father and brother besieging a fort for a long time and conquering it, and then we were discussing what their shares they would have from that war booty."

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me. I asked him again, and he gave me, and said to me. 'O Hakim! This wealth is like green sweet (i.e. fruit), and if one takes it without greed, then one is blessed in it, and if one takes it with greediness, then one is not blessed in it, and will be like the one who eats without satisfaction. And an upper (i.e. giving) hand is better than a lower (i.e. taking) hand,' I said, 'O Allah's Apostle! By Him Who has sent you with the Truth. I will not ask anyone for anything after you till I leave this world." So, when Abu Bakr during his Caliphate, called Hakim to give him (some money), Hakim refused to accept anything from him. Once `Umar called him (during his Caliphate) in order to give him something, but Hakim refused to accept it, whereupon `Umar said, "O Muslims! I give him (i.e. Hakim) his right which Allah has assigned to him) from this Fai '(booty), but he refuses to take it." So Hakim never took anything from anybody after the Prophet till he died.

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

Allah's Apostle gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah's Apostle gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her 'Asaba.

I was accompanying the Prophet on a journey and was riding a slow camel that was lagging behind the others. The Prophet passed by me and asked, "Who is this?" I replied, "Jabir bin `Abdullah." He asked, "What is the matter, (why are you late)?" I replied, "I am riding a slow camel." He asked, "Do you have a stick?" I replied in the affirmative. He said, "Give it to me." When I gave it to him, he beat the camel and rebuked it. Then that camel surpassed the others thenceforth. The Prophet said, "Sell it to me." I replied, "It is (a gift) for you, O Allah's Apostle." He said, "Sell it to me. I have bought it for four Dinars (gold pieces) and you can keep on riding it till Medina." When we approached Medina, I started going (towards my house). The Prophet said, "Where are you going?" I Sa`d, "I have married a widow." He said, "Why have you not married a virgin to fondle with each other?" I said, "My father died and left daughters, so I decided to marry a widow (an experienced woman) (to look after them)." He said, "Well done." When we reached Medina, Allah's Apostle said, "O Bilal, pay him (the price of the camel) and give him extra money." Bilal gave me four Dinars and one Qirat extra. (A sub-narrator said): Jabir added, "The extra Qirat of Allah's Apostle never parted from me." The Qirat was always in Jabir bin `Abdullah's purse.

Yahya related to me from Malik from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as-Saidi that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! I have given myself to you." She stood for a long time, and then a man got up and said, "Messenger of Allah, marry her to me if you have no need of her." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you have anything to give her as a bride-price?" He said, "I possess only this lower garment of mine." The Messenger of Allah, may Allah bless him and grant him peace, said, "If you give it to her you will not have a garment to wear so look for something else." He said, "I have nothing else." He said, "Look for something else, even if it is only an iron ring." He looked, and found that he had nothing. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you know any of the Qur'an?" He said, "Yes. I know such-and-such a sura and such-and-such a sura," which he named. The Messengerof Allah, may Allah bless him and grant him peace, said to him, "I have married her to you for what you know of the Qur'an."

The Prophet employed Ibn Al-Utbiyya to collect Zakat from Bani Sulaim, and when he returned (with the money) to Allah's Apostle the Prophet called him to account, and he said, "This (amount) is for you, and this was given to me as a present." Allah's Apostle said, "Why don't you stay at your father's house or your mother's house to see whether you will be given gifts or not, if you are telling the truth?" Then Allah's Apostle stood up and addressed the people, and after glorifying and praising Allah, he said: Amma Ba'du (then after) I employ some men from among you for some job which Allah has placed in my charge, and then one of you comes to me and says, 'This (amount) is for you and this is a gift given to me.' Why doesn't he stay at the house of his father or the house of his mother and see whether he will be given gifts or not if he was telling the truth by Allah, none of you takes anything of it (i.e., Zakat) for himself (Hisham added: unlawfully) but he will meet Allah on the Day of Resurrection carrying it on his neck! I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah." Then the Prophet raised both his hands till I saw the whiteness of his armpits, and said, "(No doubt)! Haven't I conveyed Allah's Message!"

While I was sitting with the Prophet, Abu Bakr came, lifting up one corner of his garment uncovering his knee. The Prophet said, "Your companion has had a quarrel." Abu Bakr greeted (the Prophet ) and said, "O Allah's Apostle! There was something (i.e. quarrel) between me and the Son of Al-Khattab. I talked to him harshly and then regretted that, and requested him to forgive me, but he refused. This is why I have come to you." The Prophet said thrice, "O Abu Bakr! May Allah forgive you." In the meanwhile, `Umar regretted (his refusal of Abu Bakr's excuse) and went to Abu Bakr's house and asked if Abu Bakr was there. They replied in the negative. So he came to the Prophet and greeted him, but signs of displeasure appeared on the face of the Prophet till Abu Bakr pitied (`Umar), so he knelt and said twice, "O Allah's Apostle! By Allah! I was more unjust to him (than he to me)." The Prophet said, "Allah sent me (as a Prophet) to you (people) but you said (to me), 'You are telling a lie,' while Abu Bakr said, 'He has said the truth,' and consoled me with himself and his money." He then said twice, "Won't you then give up harming my companion?" After that nobody harmed Abu Bakr.

Yahya related to me from Malik from Abu Hazim ibn Dinar that Abu Idris al-Khawlani said, "I entered the Damascus mosque and there was a young man with a beautiful mouth and white teeth sitting with some people. When they disagreed about something, they referred it to him and proceeded from his statement. I inquired about him, and it was said, 'This is Muadh ibn Jabal.' The next day I went to the noon-prayer, and I found that he had preceded me to the noon prayer and I found him praying."

Abu Idris continued, "I waited for him until he had finished the prayer. Then I came to him from in front of him and greeted him and said, 'By Allah! I love you for Allah!' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' "

He continued, "He took me by the upper part of my cloak and pulled me to him and said, 'Rejoice! I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Allah, the Blessed and Exalted, said, 'My love is obliged for those who love each other in Me, and those who sit with each other in Me, and those who visit each other in Me, and those who give to each other generously in Me.' " ' "

That Allah's Prophet (saws) said: "Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner."

[Abu 'Eisa said:] The chain of this Hadith is not connected. I heard Muhammad bin Isma'il saying: It is said that "Sulaiman Al-Yashkuri died during the lifetime of Jabir bin 'Abdullah." He said: "And Qatadah did not hear from him, nor did Abu Bishr." Muhammad said: "We do not know of any of them hearing from Sulaiman Al-Yashkuri except that 'Amr bin Dinar possibly heard from his during the lifetome of Jabir bin 'Abdullah." He said: "Qatadah only narrated from a writing of Sulaiman Al-Yashkuri, and he has a book from Jabir bin 'Abdullah."

Abu Bakr Al-'Attar 'Abdul Quddus narrates to us, he said: " 'Ali bin Al-Madini said: 'Yahya bin Sa'eed said: "Sulaiman At-Taymi said: 'They went with the book of Jabir bin 'Abdullah to Al-Hasan Al-Basri and he took it' - or he said - 'and they reported it. Then they took it to Qatadah and reported it, so they gave it to me but I did not report it [he said: 'I refused it'] This was narrated to us by Abu Bakr Al-'Attar from 'Ali bin Al-Madini.