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.

My uncle brought me (to Medina) in the pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore a child, AbdurRahman ibn al-Hubab, to him and he (al-Hubab) then died.

Thereupon his wife said: I swear by Allah, now you will be sold (as a repayment) for his loan.

So I came to the Messenger of Allah (saws) and said: Messenger of Allah! I am a woman of Banu Kharijah Qays ibn Aylan. My uncle had brought me to Medina in pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore AbdurRahman ibn al-Hubab to him. His wife said: I swear by Allah, you will be sold for his loan.

The Messenger of Allah (saws) said: Who is the guardian of al-Hubab?

He was told: His brother, AbulYusr ibn Amr. He then sent for him and said: Set her free; when you hear that some slaves have been brought to me, came to me, and I shall compensate you for her.

She said: They set me free, and when some slaves were brought to the Messenger of Allah (saws), he gave them a slave in compensation for me.

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."

Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."

Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."

Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."

Allah's Apostle used to drink honey in the house of Zainab, the daughter of Jahsh, and would stay there with her. So Hafsa and I agreed secretly that, if he come to either of us, she would say to him. "It seems you have eaten Maghafir (a kind of bad-smelling resin), for I smell in you the smell of Maghafir," (We did so) and he replied. "No, but I was drinking honey in the house of Zainab, the daughter of Jahsh, and I shall never take it again. I have taken an oath as to that, and you should not tell anybody about it."

Anas said, "Um Sulaim used to spread a leather sheet for the Prophet and he used to take a midday nap on that leather sheet at her home." Anas added, "When the Prophet had slept, she would take some of his sweat and hair and collect it (the sweat) in a bottle and then mix it with Suk (a kind of perfume) while he was still sleeping. "When the death of Anas bin Malik approached, he advised that some of that Suk be mixed with his Hanut (perfume for embalming the dead body), and it was mixed with his Hanut.

Sa'd bin 'Ubada Al-Ansari sought the verdict of Allah's Apostle regarding a vow made by his mother who had died before fulfilling it. Allah's Apostle said, "Fulfill it on her behalf." Some people said, "If the number of camels reaches twenty, then their owner has to pay four sheep as Zakat; and if their owner gives them as a gift or sells them in order to escape the payment of Zakat cunningly before the completion of a year, then he is not to pay anything, and if he slaughters them and then dies, then no Zakat is to be taken from his property."

That one day Allah's Apostle entered upon her in a state of fear and said, "None has the right to be worshipped but Allah! Woe to the Arabs from the Great evil that has approached (them). Today a hole has been opened in the dam of Gog and Magog like this." The Prophet made a circle with his index finger and thumb. Zainab bint Jahsh added: I said, "O Alllah's Apostle! Shall we be destroyed though there will be righteous people among us?" The Prophet said, "Yes, if the (number) of evil (persons) increased."

We got down at Al-Muzdalifa and Sauda asked the permission of the Prophet to leave (early) before the rush of the people. She was a slow woman and he gave her permission, so she departed (from Al- Muzdalifa) before the rush of the people. We kept on staying at Al-Muzdalifa till dawn, and set out with the Prophet but (I suffered so much that) I wished I had taken the permission of Allah's Apostle as Sauda had done, and that would have been dearer to me than any other happiness.

Al-Fadl was riding behind the Prophet and a woman from the tribe of Khath'am came up. Al-Fadl started looking at her and she looked at him. The Prophet turned Al-Fadl's face to the other side. She said, "My father has come under Allah's obligation of performing Hajj but he is a very old man and cannot sit properly on his Mount. Shall I perform Hajj on his behalf? The Prophet replied in the affirmative. That happened during Hajjat-al-Wada` of the Prophet .

Safiya went to the Prophet while he was in I`tikaf. When she returned, the Prophet accompanied her walking. An Ansari man saw him. When the Prophet noticed him, he called him and said, "Come here. She is Safiya. (Sufyan a sub-narrator perhaps said that the Prophet had said, "This is Safiya"). And Satan circulates in the body of Adam's offspring as his blood circulates in it." (A sub-narrator asked Sufyan, "Did Safiya visit him at night?" He said, "Of course, at night.")

I heard Allah's Apostle saying, "Everyone of you is a guardian, and responsible for what is in his custody. The ruler is a guardian of his subjects and responsible for them; a husband is a guardian of his family and is responsible for it; a lady is a guardian of her husband's house and is responsible for it, and a servant is a guardian of his master's property and is responsible for it." I heard that from Allah's Apostle and I think that the Prophet also said, "A man is a guardian of is father's property and is responsible for it, so all of you are guardians and responsible for your wards and things under your care."

I have loved the people of the tribe of Bani Tamim ever since I heard, three things, Allah's Apostle said about them. I heard him saying, These people (of the tribe of Bani Tamim) would stand firm against Ad-Dajjal." When the Sadaqat (gifts of charity) from that tribe came, Allah's Apostle said, "These are the Sadaqat (i.e. charitable gifts) of our folk." `Aisha had a slave-girl from that tribe, and the Prophet said to `Aisha, "Manumit her as she is a descendant of Ishmael (the Prophet).

I prepared the journey-food for Allah's Apostle in Abu Bakr's house when he intended to emigrate to Medina. I could not find anything to tie the food-container and the water skin with. So, I said to Abu Bakr, "By Allah, I do not find anything to tie (these things) with except my waist belt." He said, "Cut it into two pieces and tie the water-skin with one piece and the food-container with the other (the subnarrator added, "She did accordingly and that was the reason for calling her Dhatun-Nitaqain (i.e. twobelted woman)).

Yahya related to me from Malik that he had heard Ibn Shihab say, "When a man who is terminally ill divorces his wife three times, she inherits from him."

Malik said, "If he divorces her while he is terminally ill before he has consummated the marriage, she has half of the bride-price and inherits, and she does not have to do an idda. If he consummated the marriage, she has all the dowry and inherits. The virgin and the previously married woman are the same in this situation according to us."

That Fatimah came to Abu Bakr and 'Umar may Allah be pleased with them both, to ask them about her inheritance from the Messenger of Allah (saws). They said: "We heard the Messenger of Allah (saws) say: 'I am not inherited from.'" So she said: 'By Allah! I will never talk to you two again.' So she died having not talked to them."

'Ali bin 'Eisa said: "The meaning of not speaking to you two is: 'Never again regarding this inheritance, because you two are truthful.'"

Marthad ibn AbuMarthad al-Ghanawi used to take prisoners (of war) from Mecca (to Medina). At Mecca there was a prostitute called Inaq who had illicit relations with him. (Marthad said:) I came to the Prophet (saws) and said to him: May I marry Inaq, Messenger of Allah? The narrator said: He kept silence towards me. Then the verse was revealed:"....and the adulteress none shall marry save and adulterer or an idolater." He called me and recited this (verse) to me, and said: Do not marry her.

When the children of a woman (in pre-Islamic days) did not survive, she took a vow on herself that if her child survives, she would convert it a Jew. When Banu an-Nadir were expelled (from Arabia), there were some children of the Ansar (Helpers) among them. They said: We shall not leave our children. So Allah the Exalted revealed; "Let there be no compulsion in religion. Truth stands out clear from error."

Abu Dawud said: Muqlat means a woman whose children do not survive.

Ma'iz ibn Malik came to the Prophet (saws) and said that he had committed fornication and he (the Prophet) turned away from him. He repeated it many times, but he (the Prophet) turned away from him. He asked his people: Is he mad? They replied: There is no defect in him. He asked: Have you done it with her? He replied: Yes. so he ordered that he should be stoned to death. He was taken out and stoned to death, and he (the Prophet) did not pray over him.

Yahya related to me from Malik, from Yahya ibn Said, from Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked people about him and they said, "He has given directions for his sacrificial animal to be garlanded, and it is for that reason that he has put on ihram ."

Rabia said, "I then met Abdullah ibn az- Zubayr and so I mentioned this to him and he said, 'By the Lord of the Kaba, an innovation.' "

Malik was asked about some one who set out with his own sacrificial animal and marked it and garlanded it at Dhu'l-Hulayfa, but did not go into ihram until he had reached al- Juhfa,and hesaid, "I do not like that, and whoever does so has not acted properly. He should only garland his sacrificial animal, or mark it, when he goes into ihram, unless it is someone who does not intend to do hajj, in which case he sends it off and stays with his family."

Malik was asked if somone who was not in ihram could set out with a sacrificial animal, and he said, "Yes. There is no harm in that."

He was also asked to comment on the different views people had about what became haram for some one who garlanded a sacrificial animal but did not intend to do either hajj or umra, and he said, "What we go by as far as this is concerned is what A'isha, umm al-muminin said, 'The Messenger of Allah, may Allah bless him and grant him peace, sent his sacrificial animal off and did not go there himself, and there was nothing that Allah had made halal for him that was haram for him until the animal had been sacrificed.' "

While I was praying, Allah's Apostle passed me and called me, but I did not go to him until I had finished the prayer. Then I went to him, and he said, "What prevented you from coming to me? Didn't Allah say:-- "O you who believe! Answer the call of Allah (by obeying Him) and His Apostle when He calls you?" He then said, "I will inform you of the greatest Sura in the Qur'an before I leave (the mosque)." When Allah's Apostle got ready to leave (the mosque), I reminded him. He said, "It is: 'Praise be to Allah, the Lord of the worlds.' (i.e. Surat-al-Fatiha) As-sab'a Al-Mathani (the seven repeatedly recited Verses).

I intended to ask `Umar about those two ladies who back each other against 'Allah's Apostle . For one year I was seeking the opportunity to ask this question, but in vain, until once when I accompanied him for Hajj. While we were in Zahran, `Umar went to answer the call of nature and told me to follow him with some water for ablution. So I followed him with a container of water and started pouring water for him. I found it a good opportunity to ask him, so I said, "O chief of the Believers! Who were those two ladies who had backed each other (against the Prophet)?" Before I could complete my question, he replied, "They were `Aisha and Hafsa."

I asked Sahl bin Sa`d, "Did Allah's Apostle ever eat white flour?" Sahl said, "Allah's Apostle never saw white flour since Allah sent him as an Apostle till He took him unto Him." I asked, "Did the people have (use) sieves during the lifetime of Allah's Apostle?" Sahl said, "Allah's Apostle never saw (used) a sieve since Allah sent him as an Apostle until He took him unto Him," I said, "How could you eat barley unsifted?" he said, "We used to grind it and then blow off its husk, and after the husk flew away, we used to prepare the dough (bake) and eat it."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, from Malik ibn Abi Amir that Uthman ibn Affan used to say in khutbas, and he would seldom omit it if he was giving the khutba, "When the imam stands delivering the khutba on the day of jumua, listen and pay attention, for there is the same portion for someone who pays attention but cannot hear as for someone who pays attention and hears. And when the iqama of the prayer is called, straighten your rows and make your shoulders adjacent to each other, because the straightening of the rows is part of the completion of the prayer." Then he would not say the takbir until some men who had been entrusted with straightening the rows came and told him that they were straight. Then he would say the takbir.

Yahya related to me from Malik that Muhammad ibn Uqba, the mawla of az Zubayr, asked al-Qasim ibn Muhammad whether he had to pay any zakat on a large sum given to him by his slave to buy his freedom. Al- Qasim said, "Abu Bakr as-Siddiq did not take zakat from anyone's property until it had been in his possession for a year."

Al- Qasim ibn Muhammad continued, "When Abu Bakr gave men their allowances he would ask them, 'Do you have any property on which zakat is due?' If they said, 'Yes,' he would take the zakat on that property out of their allowances. If they said, 'No,' he would hand over their allowances to them without deducting anything from them."

Ziyad related to me from Malik from Ibn Shihab from Amra bint Abd ar-Rahman from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf, and when he went off to the place where he wanted to do itikaf he found some tents there, which were A'isha's tent, Hafsa's tent, and Zaynab's tent. When he saw them he asked about them and someone told him that they were the tents of A'isha, Hafsa and Zaynab. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you think them devout?" Then he left, and did not do itikaf until Shawwal, when he then did it for ten days.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, made his camel kneel down at al-Batha, which is at Dhu'l-Hulayfa, and prayed there. Nafi said, "Abdullah ibn Umar used to do that."

Malik said, "No-one should go past al-Muarras when he is returning from hajj without praying there. If he passes it at a time when prayer is not permissible he should stay there until prayer is permissible and then pray whatever he feels is appropriate. (This is) because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, stopped there to rest, and that Abdullah ibn Umar stopped his camel there also."

Some people from the Ansar asked Allah's Apostle (to give them something) and he gave to everyone of them, who asked him, until all that he had was finished. When everything was finished and he had spent all that was in his hand, he said to them, '"(Know) that if I have any wealth, I will not withhold it from you (to keep for somebody else); And (know) that he who refrains from begging others (or doing prohibited deeds), Allah will make him contented and not in need of others; and he who remains patient, Allah will bestow patience upon him, and he who is satisfied with what he has, Allah will make him self-sufficient. And there is no gift better and vast (you may be given) than patience."

`Abdullah bin `Umar came to us and we hoped that he would narrate to us a good Hadith. But before we asked him, a man got up and said to him, "O Abu `Abdur-Rahman! Narrate to us about the battles during the time of the afflictions, as Allah says:-- 'And fight them until there is no more afflictions (i.e. no more worshipping of others besides Allah).'" (2.193) Ibn `Umar said (to the man), "Do you know what is meant by afflictions? Let your mother bereave you! Muhammad used to fight against the pagans, for a Muslim was put to trial in his religion (The pagans will either kill him or chain him as a captive). His fighting was not like your fighting which is carried on for the sake of ruling."

When Al-Hasan bin `Ali moved with army units against Muawiya, `Amr bin AL-As said to Muawiya, "I see an army that will not retreat unless and until the opposing army retreats." Muawiya said, "(If the Muslims are killed) who will look after their children?" `Amr bin Al-As said: I (will look after them). On that, `Abdullah bin 'Amir and `Abdur-Rahman bin Samura said, "Let us meet Muawaiya and suggest peace." Al-Hasan Al-Basri added: No doubt, I heard that Abu Bakra said, "Once while the Prophet was addressing (the people), Al-Hasan (bin `Ali) came and the Prophet said, 'This son of mine is a chief, and Allah may make peace between two groups of Muslims through him."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man was walking on a road when he became very thirsty. He found a well and went into it and drank and came out. There was a dog panting and eating earth out of thirst. The man said, 'This dog has become as thirsty as I was.' He went down into the well and filled his shoe and then held it in his mouth until he climbed out and gave the dog water to drink. Allah thanked him for it and forgave him." They said, "Messenger of Allah, do we have a reward for taking care of beasts?" He said, "There is a reward for every one with a moist liver."

"I heard Sulaim bin 'Amir saying: 'There was a treaty between Mu'awiyah and the people of Rome. He was making an expedition into their lands so that when the period of the treaty was expires he would attack them. So when a man upon an animal' - or - 'upon a horse said: "Allahu Akbar! Fulfillment not betrayal!" - and it turned out to be 'Amr bin 'Abasah - Mu'awiyah asked him about that. He said: "I heard the Messenger of Allah (saws) said: 'Whoever has a treaty between himself and a people, then let him not violate the treaty nor try to change it until its time has passed, or , in retribution for a similar offense.'" He said: "So Mu'awiyah returned with the people."

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

"It was said, 'O Messenger of Allah, what equals Jihad?' He said: 'Verily, you (people) are not capable of it.' So they repeated it to him two or three times, each time he said, 'You (people) are not capable of it.' Then he said the third time: 'The example of the Mujahid in the path of Allah is like the one who fasts and stands (in prayer) and does not slacken from Salat, nor fasting, until the Mujahid in the cause of Allah returns.'"

There are narrations on this topic from Ash-Shifa', 'Abdullah bin Hubshi, Abu Musa', Abu Sa'eed, Umm Malik Al-Bahziyyah, and Anas.

This Hadith is a Hasan Sahih. And it has been reported through more than one route from Abu Hurairah from the Prophet (saws).

A man from the Companions of the Prophet (saws) passed by ravine containing a small spring of thirst quenching water, so he was amazed by how pleasant it was. So he said: 'I should leave the people and stay in this ravine. But I will not do it until I seek permission from the Messenger of Allah (saws).' So he mentioned that to the Messenger of Allah (saws) and he said: 'Do not do so. For indeed one of you standing in the cause of Allah is more virtuous that his Salat in his house for seventy years. Do you not love that Allah forgive your sins and admit you into Paradise ? Then fight in the cause of Allah, for whoever fights in Allah's cause for the time it takes for two milkings of a camel, then Paradise is obligatory for him.'"

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

That Abu Sa'eed said: "We had some wine that belonged to an orphan. When Al-Ma'idah was revealed I asked the Messenger of Allah (saws) about it, I said: 'It belongs to an orphan.' He said: 'Spill it out.'"

[He said:] There is something on this topic from Anas bin Malik.

[Abu 'Eisa said:] The Hadith of Abu Sa'eed is a Hasan [Sahih] Hadith. Similar to this has been reported through other routes from the Prophet (saws). Some of the people of knowledge stated according to this, they dislike the usage of wine for making vinegar. And the only thing that they disliked about it, and Allah knows best, is for a Muslim to have wine in his house until it becomes vinegar. Abu Al-Waddak's name is Jabr bin Nawf.