Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.

"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."

The Prophet (saws) said: No (Muslim) man will desert a man who is a Muslim in a place where his respect may be violated and his honour aspersed without Allah deserting him in a place here he wishes his help; and no (Muslim) man who will help a Muslim in a place where his honour may be aspersed and his respect violated without Allah helping him in a place where he wishes his help.

Yahya said: 'Ubaid Allah b. 'Abd Allah b. 'Umar and 'Uqbah b. Shaddad transmitted it to me.

Abu Dawud said: This yahya b. Sulaim is the son of Zaid, the freed slave of the Prophet (saws), and Isma'il b. Bashir is the freed slave of Banu Maghalah. Sometimes the name of 'Utbah b. Shaddad is mentioned instead of 'Uqbah.

We paid a visit to Khabbab who was sick, and he said, "We migrated with the Prophet for Allah's Sake and our wages became due on Allah. Some of us died without having received anything of the wages, and one of them was Mus`ab bin `Umar, who was martyred on the day of the battle of Uhud, leaving only one sheet (to shroud him in). If we covered his head with it, his feet became uncovered, and if we covered his feet with it, his head became uncovered. So the Prophet ordered us to cover his head with it and put some Idhkhir (a kind of grass) over his feet. On the other hand, some of us have had the fruits (of our good deed) and are plucking them (in this world).

The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. " When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and addressed the people, saying, "O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand.!"

We visited Khabbaba who said, "We migrated with the Prophet for Allah's Sake, so our reward became due and sure with Allah. Some of us passed away without taking anything of their rewards (in this world) and one of them was Mus`ab bin `Umar who was martyred on the day (of the battle) of Uhud leaving a striped woolen cloak. When we covered his head with it, his feet became naked, and when covered his feet, his head became naked. So Allah's Apostle ordered us to cover his head and put some Idhkhir (i.e. a special kind of grass) on his feet. (On the other hand) some of us have had their fruits ripened (in this world) and they are collecting them."

Allah's Apostle said, "There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are): (1) A man possessed superfluous water on a way and he withheld it from the travelers. (2) a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and (3) a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah) claiming that he has been offered so much for the thing and the former (believes him and) buys it."

A man from Aslam tribe said: I was sitting with the Messenger of Allah (saws). A man from among his Companions came and said: Messenger of Allah! I have been stung last night, and I could not sleep till morning. He asked: What was that? He replied: A scorpion.

He said: Oh, had you said in the evening: "I take refuge in the perfect words of Allah from the evil of what He created," nothing would have harmed you, Allah willing.

Abu Dawud said: Ibn Dawud has narrated the first part of this tradition as a statement (of the Prophet), and denied that there was any mention of performing ablution for every prayer. The weakness of the tradition reported by Habib is also indicated by the fact that the version transmuted by al-Zuhri from 'Urwah on the authority of 'Aishah says that she used to wash herself for every prayer; (these words occur) in the tradition about the woman who has a flow of blood. This tradition has been reported by Abu al-Yaqzan from 'Adi b. Thabit from his father from 'Ali, and narrated by 'Ammar, the freed salve of Banu Hashim, from Ibn 'Abbas, and transmitted by 'Abd al-Malik b. Maisarah, Bayan, al-Mughirah, Firas, on the authority of al-Sha'bi, from Qumair from 'Aishah, stating: You should perform ablution for every prayer. The version transmitted by Dawud, and 'Asim from al-Sha'bi from Qumair from 'Aishah has the words: She should take bath only once every day. The version reported by Hisham b. 'Urwah from his father has the words: The woman having a flow of blood should perform ablution for every prayer. All these traditions are weak except the tradition reported by Qumair and the tradition reported by 'Ammar, the freed slave of Banu Hashim, and the tradition narrated by Hisham b. 'Urwah on the authority of his father. What is commonly known from Ibn 'Abbas is bathing (for every prayer).

I heard Jabir bin `Abdullah saying, "The Prophet said, 'Whoever eats (from) this plant (he meant garlic) should keep away from our mosque." I said, "What does he mean by that?" He replied, "I think he means only raw garlic."

The Messenger of Allah (saws) used to say: "O Allah, I seek refuge in Thee from hunger, for it is an evil bed-fellow; and I seek refuge in Thee from treachery, for it is an evil hidden trait."

I heard the Messenger of Allah (saws) say: Wine is made from grape-syrup, raisins, dried dates, wheat, barley, millet, and I forbid you from every intoxicant.

Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.

She said: I have no need of perfume, but I heard the Messenger of Allah (saws) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.

She then said: I have no need of perfume, but I heard the Messenger of Allah (saws) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (saws) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?

The Messenger of Allah (saws) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (saws) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.

Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.

Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.

Abu Dawud said: The Arabic word "hafsh" means a small cell.

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah, the Blessed and Exalted, said, 'If My slave longs to meet Me, I long to meet him, and if he is averse to meeting Me, I am averse to meeting him.' "

On my way to the Prophet I was reciting:-- 'What a long tedious tiresome night! Nevertheless, it has saved us From the land of Kufr (disbelief).' I had a slave who ran away from me on the way. When I went to the Prophet and gave the pledge of allegiance for embracing Islam, the slave showed up while I was still with the Prophet who remarked, "O Abu Huraira! Here is your slave!" I said, "I manumit him for Allah's Sake," and so I freed him.

The Messenger of Allah (saws) Said: The blood of a Muslim man who testifies that there is no god but Allah and that Muhammad is Allah's Apostle should not lawfully be shed except only for one of three reasons: a man who committed fornication after marriage, in which case he should be stoned; one who goes forth to fight with Allah and His Apostle, in which case he should be killed or crucified or exiled from the land; or one who commits murder for which he is killed.

Allah's Apostle said, "In Paradise there is a pavilion made of a single hollow pearl sixty miles wide, in each corner of which there are wives who will not see those in the other corners; and the believers will visit and enjoy them. And there are two gardens, the utensils and contents of which are made of silver; and two other gardens, the utensils and contents of which are made of so-and-so (i.e. gold) and nothing will prevent the people staying in the Garden of Eden from seeing their Lord except the curtain of Majesty over His Face."

I took a letter from Thumamah bin ‘Abd Allah bin Anas. He presumed that Abu Bakr had written it for Anas when he sent him (to Al Bahrain) as a collector of zakat. This (letter) was stamped with the stamp of the Messenger of Allah(saws) and was written by Abu Bakr for him(Anas). This letter goes “This is the obligatory sadaqah(zakat) which the Messenger of Allah(saws) imposed on Muslims which Allah commanded his Prophet(saws) to impose. Those Muslims who are asked for the proper amount must give it, but those who are asked for more than that must not give it. For less than twenty five Camels a goat is to be given for every five Camels. When they reach twenty five to thirty five, a she Camel in her second year is to be given. If there is no she Camel in her second year, a male Camel in its third year is to be given. When they reach thirty six to forty five, a she Camel in her third year is to be given. When they reach forty six to sixty , a she Camel in her fourth year which is ready to be covered by a stallion is to be given. When they reach sixty one to seventy five, a she Camel in her fifth year is to be given. When they reach seventy six to ninety, two she Camel in their third year are to be given. When they reach ninety one to a hundred and twenty, two she Camels in their fourth year are ready to be covered by a stallion are to be given. When they exceed a hundred and twenty, a she Camel in her third year is to be given for every forty and a she Camel in her fourth year for every fifty(Camels). In case the ages of the Camel vary in the payment of obligatory sadaqah(zakat) If anyone whose Camels reach the number on which a she Camel in her fifth year is payable does not possess one but possess one in her fourth year, that will be accepted from him along with two goats if he can conveniently give them, or else twenty dirhams. If anyone whose Camels reach the number on which a she Camel in her fourth year is payable does not possess but possesses one in her fifth year, that will be accepted from him, and the collector must give him twenty dirhams or two goats. If anyone whose Camels reach the number on which a she Camel in her fourth year is payable possesses only one in her third year, that will be accepted from him.”

Abu Dawud said From here I could not retain accurately from Musa as I liked “And he must give along with it two goats if he can conveniently give them, or else twenty dirhams. If anyone whose Camels reach the number on which a she Camel in her third year is payable possesses only one in her fourth year, that will be accepted from him.”

Abu Dawud said (I was doubtful) up to here, and retained correctly onward “and the collector must give him twenty dirhams or two goats. If anyone whose Camels reach the number on which a she Camel in her third year is payable does not possess one but possesses one in her second year, that will be accepted from him, but he must give two goats or twenty dirhams. Anyone whose Camels reach the number on which a she Camel in her second year is payable does not possess one but possesses a male Camel in its third year, that will be accepted from him, and nothing extra will be demanded along with it. If anyone possesses only four Camels, no zakat will be payable on them unless their owner wishes. If the numbers of the pasturing goats reach forty to one hundred and twenty, one goat is to be given. Over one hundred and twenty up to two hundred, two goats are to be given. If they exceed two hundred reaching three hundred, three goats are to be given. If they exceed three hundred, a goat is to be for every hundred. An old sheep, one with a defect in the eye, or a male goat is not to be accepted as sadaqah (zakat) unless the collector wishes. Those which are in separate flocks are not to be brought together and those which are in one flock are not to be separated from fear of sadaqah(zakat). Regarding what belongs to two partners, they can make claims for restitution from one another with equity, If a man’s pasturing animals are less than forty, no sadaqah(zakat) is due on them unless their owner wishes. On sliver dirhams a fortieth is payable, but if there are only a hundred and ninety, nothing is payable unless their owner wishes.”

Allah's Apostle said to me, "You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, 'Uncover (her),' and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' Then you were shown to me, the angel carrying you in a silken piece of cloth, and I said (to him), 'Uncover (her), and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.' "

Yahya related to me from Ziyad from Malik that he saw some of the people of knowledge who, when they did itikaf in the last ten days of Ramadan, would not go back to their families until they had attended the Id al-Fitr with everybody.

Ziyad said that Malik said, "I heard this from the people of excellence who have passed away, and it is what I like most out of what I have heard about the matter."

Allah's Apostle forbade Al-Wisal in fasting. So, one of the Muslims said to him, "But you practice Al- Wisal. O Allah's Apostle!" The Prophet replied, "Who amongst you is similar to me? I am given food and drink during my sleep by my Lord." So, when the people refused to stop Al-Wisal (fasting continuously), the Prophet fasted day and night continuously along with them for a day and then another day and then they saw the crescent moon (of the month of Shawwal). The Prophet said to them (angrily), "If It (the crescent) had not appeared, I would have made you fast for a longer period." That was as a punishment for them when they refused to stop (practicing Al-Wisal).

The Messenger of Allah (saws) sent us on foot to get spoil, but we returned without getting any. When he saw the signs of distress on our faces, he stood up on our faces and said: O Allah, do not put them under my care, for I would be too weak to care for them; do not put them in care of themselves, for they would be incapable of that, and do not put them in the care of men, for they would choose the best things for themselves. He then placed his hand on my head and said: Ibn Hawalah, when you see the caliphate has settled in the holy land, earthquakes, sorrows and serious matters will have drawn near and on that day the Last Hour will be nearer to mankind than this hand of mine is to your head.

Abu Dawud said: 'Abd Allah b. Hawalah belongs to Hims.

A man called the Messenger of Allah (saws): We used to sacrifice Atirah in pre-Islamic days during Rajab; so what do you command us? He said: Sacrifice for the sake of Allah in any month whatever; obey Allah, Most High, and feed(the people). He said: We used to sacrifice a Fara' in pre-Islamic days, so what do you command us? He said: On every pasturing animal there is a Fara' which is fed by your cattle till it becomes strong and capable of carrying load.

The narrator Nasr said (in his version): When it becomes capable of carrying load of the pilgrims, you may slaughter it and give its meat as charity (sadaqah).

The narrator Khalid's version says: You (may give it) to the travellers, for it is better. Khalid said: I asked AbuQilabah: How many pasturing animals? He replied: One hundred.

Anas bin Malik said, "Whenever the Prophet went out with us to fight (in Allah's cause) against any nation, he never allowed us to attack till morning and he would wait and see: if he heard Adhan he would postpone the attack and if he did not hear Adhan he would attack them." Anas added, "We reached Khaibar at night and in the morning when he did not hear the Adhan for the prayer, he (the Prophet ) rode and I rode behind Abi Talha and my foot was touching that of the Prophet. The inhabitants of Khaibar came out with their baskets and spades and when they saw the Prophet they shouted 'Muhammad! By Allah, Muhammad and his army.' When Allah's Apostle saw them, he said, "Allahu-Akbar! Allahu-Akbar! Khaibar is ruined. Whenever we approach a (hostile) nation (to fight), then evil will be the morning of those who have been warned."

Imran ibn Husayn was asked about a person who divorces his wife, and then has intercourse with her, but he does not call any witness to her divorce nor to her restoration. He said: You divorced against the sunnah and took her back against the sunnah. Call someone to bear witness to her divorce, and to her return in marriage, and do not repeat it.

The Messenger of Allah (saws) said: If anyone suppresses anger when he is in a position to give vent to it, Allah, the Exalted, will call him on the Day of Resurrection over the heads of all creatures, and ask him to choose any of the bright and large eyed maidens he wishes.

Abu Dawud said: The name of the transmitter Abu Marhum is 'Abd al-Rahman b. Maimun

The Prophet (saws) said: If anyone cuts the lote-tree, Allah brings him headlong into Hell.

Abu Dawud was asked about the meaning of this tradition. He said: This is a brief tradition. It means that if anyone cuts uselessly, unjustly and without any right a lote-tree under the shade of which travellers and beasts take shelter, Allah will bring him into Hell headlong.