When Khaibar was conquered, a roasted poisoned sheep was presented to the Prophet as a gift (by the Jews). The Prophet ordered, "Let all the Jews who have been here, be assembled before me." The Jews were collected and the Prophet said (to them), "I am going to ask you a question. Will you tell the truth?" They said, "Yes." The Prophet asked, "Who is your father?" They replied, "So-and-so." He said, "You have told a lie; your father is so-and-so." They said, "You are right." He said, "Will you now tell me the truth, if I ask you about something?" They replied, "Yes, O Abu Al-Qasim; and if we should tell a lie, you can realize our lie as you have done regarding our father." On that he asked, "Who are the people of the (Hell) Fire?" They said, "We shall remain in the (Hell) Fire for a short period, and after that you will replace us." The Prophet said, "You may be cursed and humiliated in it! By Allah, we shall never replace you in it." Then he asked, "Will you now tell me the truth if I ask you a question?" They said, "Yes, O Abu Al-Qasim." He asked, "Have you poisoned this sheep?" They said, "Yes." He asked, "What made you do so?" They said, "We wanted to know if you were a liar in which case we would get rid of you, and if you are a prophet then the poison would not harm you."

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.' "

The Prophet said, "Traveling is a kind of torture as it prevents one from eating, drinking and sleeping properly. So, when one's needs are fulfilled, one should return quickly to one's family."

During one of his Ghazawat, the Prophet encountered the pagans, and the two armies fought, and then each of them returned to their army camps. Amongst the (army of the) Muslims there was a man who would follow every pagan separated from the army and strike him with his sword. It was said, "O Allah's Apostle! None has fought so satisfactorily as so-and-so (namely, that brave Muslim). "The Prophet said, "He is from the dwellers of the Hell-Fire." The people said, "Who amongst us will be of the dwellers of Paradise if this (man) is from the dwellers of the Hell-Fire?" Then a man from amongst the people said, "I will follow him and accompany him in his fast and slow movements." The (brave) man got wounded, and wanting to die at once, he put the handle of his sword on the ground and its tip in between his breasts, and then threw himself over it, committing suicide. Then the man (who had watched the deceased) returned to the Prophet and said, "I testify that you are Apostle of Allah." The Prophet said, "What is this?" The man told him the whole story. The Prophet said, "A man may do what may seem to the people as the deeds of the dwellers of Paradise, but he is of the dwellers of the Hell-Fire and a man may do what may seem to the people as the deeds of the dwellers of the Hell-Fire, but he is from the dwellers of Paradise."

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

The Jews brought to the Prophet a man and a woman from among them who had committed illegal sexual intercourse. The Prophet said to them, "How do you usually punish the one amongst you who has committed illegal sexual intercourse?" They replied, "We blacken their faces with coal and beat them," He said, "Don't you find the order of Ar-Rajm (i.e. stoning to death) in the Torah?" They replied, "We do not find anything in it." `Abdullah bin Salam (after hearing this conversation) said to them. "You have told a lie! Bring here the Torah and recite it if you are truthful." (So the Jews brought the Torah). And the religious teacher who was teaching it to them, put his hand over the Verse of Ar- Rajm and started reading what was written above and below the place hidden with his hand, but he did not read the Verse of Ar-Rajm. `Abdullah bin Salam removed his (i.e. the teacher's) hand from the Verse of Ar-Rajm and said, "What is this?" So when the Jews saw that Verse, they said, "This is the Verse of Ar-Rajm." So the Prophet ordered the two adulterers to be stoned to death, and they were stoned to death near the place where biers used to be placed near the Mosque. I saw her companion (i.e. the adulterer) bowing over her so as to protect her from the stones.

On the day (of the battle) of Al-Ahzab (i.e. clans) I saw the Prophet carrying earth, and the earth was covering the whiteness of his `Abdomen. And he was saying, "Without You (O Allah!) we would have got no guidance, nor given in charity, nor prayed. So please bless us with tranquility and make firm our feet when we meet our enemies. Indeed (these) people have rebelled against (oppressed) us but never shall we yield if they try to bring affliction upon us."

I sat with Shaiba in this Mosque (Al-Masjid-Al-Haram), and he said, "`Umar once sat beside me here as you are now sitting, and said, 'I feel like distributing all the gold and silver that are in it (i.e., the Ka`ba) among the Muslims'. I said, 'You cannot do that.' `Umar said, 'Why?' I said, 'Your two (previous) companions (the Prophet and Abu Bakr) did not do it. `Umar said, 'They are the two persons whom one must follow.'" (See Hadith No. 664, Vol. 2)

that a slave girl of theirs used to shepherd some sheep at Si'a (a mountain near Medina). On seeing one of her sheep dying, she broke a stone and slaughtered it. Ka`b said to his family, "Do not eat (of it) till I go to the Prophet and ask him, or, till I send someone to ask him." So he went to the Prophet or sent someone to him The Prophet permitted (them) to eat it.

Once in the lifetime of the Prophet (p.b.u.h) the people were afflicted with drought (famine). While the Prophet was delivering the Khutba on a Friday, a Bedouin stood up and said, "O, Allah's Apostle! Our possessions are being destroyed and the children are hungry; Please invoke Allah (for rain)". So the Prophet raised his hands. At that time there was not a trace of cloud in the sky. By Him in Whose Hands my soul is as soon as he lowered his hands, clouds gathered like mountains, and before he got down from the pulpit, I saw the rain falling on the beard of the Prophet. It rained that day, the next day, the third day, the fourth day till the next Friday. The same Bedouin or another man stood up and said, "O Allah's Apostle! The houses have collapsed, our possessions and livestock have been drowned; Please invoke Allah (to protect us)". So the Prophet raised both his hands and said, "O Allah! Round about us and not on us". So, in whatever direction he pointed with his hands, the clouds dispersed and cleared away, and Medina's (sky) became clear as a hole in between the clouds. The valley of Qanat remained flooded, for one month, none came from outside but talked about the abundant rain.

Ka`b demanded his debt back from Ibn Abi Hadrad in the Mosque and their voices grew louder till Allah's Apostle heard them while he was in his house. He came out to them raising the curtain of his room and addressed Ka`b, "O Ka`b!" Ka`b replied, "Labaik, O Allah's Apostle." (He said to him), "Reduce your debt to one half," gesturing with his hand. Ka`b said, "I have done so, O Allah's Apostle!" On that the Prophet said to Ibn Abi Hadrad, "Get up and repay the debt, to him."

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.' "

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

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

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

Yahya related to me from Malik from Thabit ibn al-Ahnaf that he married an umm walad of Abd ar-Rahman ibn Zayd ibn al-Khattab. He said, "Abdullah ibn Abd ar-Rahman ibn Zayd ibn al-Khattab summoned me and I went to him. I came in upon him and there were whips and two iron fetters placed there, and two of his slaves whom he had made to sit there. He said, 'Divorce her, or by He by whom one swears, I will do such-and-such to you!' I said, 'It is divorce a thousand times.' Then I left him and I saw Abdullah ibn Umar on the road to Makka and I told him about my situation. Abdullah ibn Umar was furious, and said, 'That is not divorce, and she is not haram for you, so return to your home.' I was still not at ease so I went to Abdullah ibn az-Zubayr who was the Amir of Makka at that time. I told him about my situation and what Abdullah ibn Umar had said to me. Abdullah ibn az-Zubayr said to me, 'She is not haram for you, so return to your home,' and he wrote to Jabir ibn al-Aswad az-Zuhra who was the Amir of Madina and ordered him to punish Abdullah ibn Abdar-Rahman and to have him leave me and my family alone. I went to Madina, and Safiyya, the wife of Abdullah ibn Umar fitted out my wife so that she could bring her to my house with the knowledge of Abdullah ibn Umar. Then I invited Abdullah ibn Umar on the day of my wedding to the wedding feast and he came."

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

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

Yahya related to me from Malik from Yahya ibn Said that death came to a man in the time of the Messenger of Allah, may Allah bless him and grant him peace. A man said, "He was fortunate," as he had died without being tried by illness. The Messenger of Allah, may Allah bless him and grant him peace, said, "Alas for you, what will let you know that if Allah had tried him with illness, He would have wiped out his wrong actions."

Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca that he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn Umar al-Ansari, both of the tribe of Banu Salami, had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave, and they were among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had died only the day before. One of them had been wounded, and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released, and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up.

Malik said, "There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put next to the qibla."

A man asked the Prophet, "What Islamic traits are the best?" The Prophet said, "Feed the people, and greet those whom you know and those whom you do not know."

`Umar bin Al-Khattab set out with Allah's Apostle, and a group of his companions to Ibn Saiyad. They found him playing with the boys in the fort or near the Hillocks of Bani Maghala. Ibn Saiyad was nearing his puberty at that time, and he did not notice the arrival of the Prophet till Allah's Apostle stroked him on the back with his hand and said, "Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Apostle of the unlettered ones (illiterates)". Then Ibn Saiyad said to the Prophets . "Do you testify that I am Allah's Apostle?" The Prophet denied that, saying, "I believe in Allah and all His Apostles," and then said to Ibn Saiyad, "What do you see?" Ibn Saiyad said, "True people and liars visit me." The Prophet said, "You have been confused as to this matter." Allah's Apostle added, "I have kept something for you (in my mind)." Ibn Saiyad said, "Ad-Dukh." The Prophet said, "Ikhsa (you should be ashamed) for you can not cross your limits." `Umar said, "O Allah's Apostle! Allow me to chop off h is neck." Allah's Apostle said (to `Umar). "Should this person be him (i.e. Ad-Dajjal) then you cannot over-power him; and should he be someone else, then it will be no use your killing him." `Abdullah bin `Umar added: Later on Allah's Apostle and Ubai bin Ka`b Al-Ansari (once again) went to the garden in which Ibn Saiyad was present. When Allah's Apostle entered the garden, he started hiding behind the trunks of the date-palms intending to hear something from Ibn Saiyad before the latter could see him. Ibn Saiyad was Lying on his bed, covered with a velvet sheet from where his mumur were heard. Ibn Saiyad's mother saw the Prophet and said, "O Saf (the nickname of Ibn Saiyad)! Here is Muhammad!" Ibn Saiyad stopped his murmuring. The Prophet said, "If his mother had kept quiet, then I would have learnt more about him." `Abdullah added: Allah's Apostle stood up before the people (delivering a sermon), and after praising and glorifying Allah as He deserved, he mentioned the Ad-Dajjal saying, "I warn you against him, and there has been no prophet but warned his followers against him. Noah warned his followers against him but I am telling you about him, something which no prophet has told his people of, and that is: Know that he is blind in one eye where as Allah is not so."

I heard the Prophet reciting when on the pulpit: 'They will cry, "O Malik (Keeper of Hell) Let your Lord make an end of us.' (43.77)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would neither pass in front of anyone, nor let anyone pass in front of him.

Allah's Apostle rode a donkey on which there was a saddle covered by a velvet sheet and let Usama ride behind him (on the donkey).

Once the meal of `Abdur-Rahman bin `Auf was brought in front of him, and he said, "Mus`ab bin `Umair was martyred and he was better than I, and he had nothing except his Burd (a black square narrow dress) to be shrouded in. Hamza or another person was martyred and he was also better than I and he had nothing to be shrouded in except his Burd. No doubt, I fear that the rewards of my deeds might have been given early in this world." Then he started weeping.

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in our community."

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

A man came to the Prophet and said, "I have been ruined for I have had sexual relation with my wife in Ramadan (while I was fasting)" The Prophet said (to him), "Manumit a slave." The man said, " I cannot afford that." The Prophet said, "(Then) fast for two successive months continuously". The man said, "I cannot do that." The Prophet said, "(Then) feed sixty poor persons." The man said, "I have nothing (to feed them with)." Then a big basket full of dates was brought to the Prophet. The Prophet said, "Where is the questioner? Go and give this in charity." The man said, "(Shall I give this in charity) to a poorer person than l? By Allah, there is no family in between these two mountains (of Medina) who are poorer than we." The Prophet then smiled till his premolar teeth became visible, and said, "Then (feed) your (family with it).

Ahmad b. Salih said from 'Amr from Tawus who heard Abu Hurairah.

"Fatimah came to Abu Bakr and said: 'Who will inherit from you?' He said: 'My family and my son.' She said: 'So what about me? I do not get inheritance from my father?' So Abu Bakr said: 'I heard the Messenger of Allah (saws) say: 'We are not inherited from' but I support those whom the Messenger of Allah (saws) used to support, and I spend upon those whom the Messenger of Allah (saws) spent upon."

[Abu 'Eisa said:] There are narrations on this topic from 'Umar, Talhah, Az-Zubair, 'Abdur-Rahman bin 'Awf, Sa'd and 'Aishah.

The Hadith of Abu Hurairah is Hasan Gharib from this route. It is only reported with a chain by Hammad bin Salamah and 'Abdul Wahhab bin 'Ata, from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah.

I asked Muhammad about this Hadith and he said: "No one is known to have reported it from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah except from Hammad bin Salamah. 'Abdul Wahhab bin 'Ata reported it from Muhammad bib 'Amr, from Abu Salamah, and from Abu Hurairah and it is similar to the narration of Hammad bin Salamah. And this Hadith has been reported through other routes from Abu Bakr As-Siddiq, from the Prophet (saws).

That his father had told him that Allah's Apostle set out for Hajj and so did his companions. He sent a batch of his companions by another route and Abu Qatada was one of them. The Prophet said to them, "Proceed along the seashore till we meet all together." So, they took the route of the seashore, and when they started all of them assumed Ihram except Abu Qatada. While they were proceeding on, his companions saw a group of onagers. Abu Qatada chased the onagers and attacked and wounded a sheonager. They got down and ate some of its meat and said to each other: "How do we eat the meat of the game while we are in a state of Ihram?" So, we (they) carried the rest of the she-onager's meat, and when they met Allah's Apostle they asked, saying, "O Allah's Apostle! We assumed Ihram with the exception of Abu Qatada and we saw (a group) of onagers. Abu Qatada attacked them and wounded a she-onager from them. Then we got down and ate from its meat. Later, we said, (to each other), 'How do we eat the meat of the game and we are in a state of Ihram?' So, we carried the rest of its meat. The Prophet asked, "Did anyone of you order Abu Qatada to attack it or point at it?" They replied in the negative. He said, "Then eat what is left of its meat."

Allah's Apostle went to the daughter of Milhan and reclined there (and slept) and then (woke up) smiling. She asked, "O Allah's Apostle! What makes you smile?" He replied, (I dreamt that) some people amongst my followers were sailing on the green sea in Allah's Cause, resembling kings on thrones." She said, "O Allah's Apostle! Invoke Allah to make me one of them." He said, "O Allah! Let her be one of them." Then he (slept again and woke up and) smiled. She asked him the same question and he gave the same reply. She said, "Invoke Allah to make me one of them." He replied, ''You will be amongst the first group of them; you will not be amongst the last." Later on she married 'Ubada bin As-Samit and then she sailed on the sea with bint Qaraza, Mu'awiya's wife (for Jihad). On her return, she mounted her riding animal, which threw her down breaking her neck, and she died on falling down.

`Aisha said, "Allah's Apostle used to take the permission of that wife with whom he was supposed to stay overnight if he wanted to go to one other than her, after this Verse was revealed:-- "You (O Muhammad) can postpone (the turn of) whom you will of them (your wives) and you may receive any (of them) whom you will; and there is no blame on you if you invite one whose turn you have set aside (temporarily). (33.51) I asked Aisha, "What did you use to say (in this case)?" She said, "I used to say to him, "If I could deny you the permission (to go to your other wives) I would not allow your favor to be bestowed on any other person."

I was with Marwan and Abu Huraira and heard Abu Huraira saying, "I heard the trustworthy, truly inspired one (i.e. the Prophet ) saying, 'The destruction of my followers will be brought about by the hands of some youngsters from Quraish." Marwan asked, "Youngsters?" Abu Huraira said, "If you wish, I would name them: They are the children of so-and-so and the children of so-and-so."

When a man from the Ansar quarreled with Az-Zubair, the Prophet said, "O Zubair! Irrigate (your land) first and then let the water flow (to the land of the others)." "On that the Ansari said, (to the Prophet), "It is because he is your aunt's son." On that the Prophet said, "O Zubair! Irrigate till the water reaches the walls between the pits around the trees and then stop (i.e. let the water go to the other's land)." I think the following verse was revealed concerning this event: "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65)