I asked Ubai bin Ka`b, "O Abu AlMundhir! Your brother, Ibn Mas`ud said so-and-so (i.e., the two Mu'awwidh-at do not belong to the Qur'an)." Ubai said, "I asked Allah's Apostle about them, and he said, 'They have been revealed to me, and I have recited them (as a part of the Qur'an)," So Ubai added, "So we say as Allah's Apostle has said."

Ibn `Umar said, "By Allah, I have not put a brick over a brick (i.e. constructed a building) or planted any date-palm tree since the death of the Prophet." Sufyan (the sub narrator) said, "I told this narration (of Ibn `Umar) to one of his (Ibn `Umar's) relatives, and he said, 'By Allah, he did build (something.' "Sufyan added, "I said, 'He must have said (the above narration) before he built."

Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, "I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?" This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive.

Malik said, "It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known."

Malik spoke about a man who had drapery goods sent to him, and salesmen came to him and he read to them his list of contents and said, "In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such," and he named to them types of drapery goods by their sort, and he said, "Buy them from me according to this description." They bought the bags according to what he described to them, and then they bought them and found them too expensive and regretted it. Malik said, "The sale is binding on them, if the goods agree with the list of contents on which he sold them."

Malik said, "This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it. "

Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt, which people claim from him, and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it.

"If a man gives his son or daughter something and a woman marries the man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back, or, if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you."

The Prophet sent (an army unit under the command of) Khalid bin Al-Walid to fight against the tribe of Bani Jadhima and those people could not express themselves by saying, "Aslamna," but they said, "Saba'na! Saba'na! " Khalid kept on killing some of them and taking some others as captives, and he gave a captive to everyone of us and ordered everyone of us to kill his captive. I said, "By Allah, I shall not kill my captive and none of my companions shall kill his captive!" Then we mentioned that to the Prophet and he said, "O Allah! I am free from what Khalid bin Al-Walid has done," and repeated it twice.

Yahya related to me from Malik that he had heard that az-Zubayr ibn al-Awwam said the like of that.

Malik said that if a man had sexual relations with a female slave that he owned, and then he wanted to also have relations with her sister, the sister was not halal for a man until intercourse with the slave-girl had been made haram for him by marriage, setting free, kitaba, or the like of that - for instance, if he had married her to his slave or someone other than his slave.

'Urwah said: I always saw Mu'awiyah and his son opening their buttons of the collar during winter and summer. They never closed their buttons.

Allah's Apostle said: (I saw in a dream that) I entered Paradise, and behold, there was a palace built of gold! I asked, 'For whom is this palace?' They (the angels) replied, 'For a man from the Quraish.' " The Prophet added, "O Ibn Al-Khattab! Nothing stopped me from entering it except your Ghira." `Umar said, "How dare I think of my Ghira being offended by you, O Allah's Apostle?"

On the authority of his father: I heard the Messenger of Allah (saws) say in the Farewell Pilgrimage: "Lo, all claims to usury of the pre-Islamic period have been abolished. You shall have your capital sums, deal not unjustly and you shall not be dealt with unjustly.

Lo, all claims for blood-vengeance belonging to the pre-Islamic period have been abolished. The first of those murdered among us whose blood-vengeance I remit is al-Harith ibn AbdulMuttalib, who suckled among Banu Layth and killed by Hudhayl."

He then said: O Allah, have I conveyed the message? They said: Yes, saying it three times. He then said: O Allah, be witness, saying it three times.

I heard Abu Juhaifa saying, "I asked `Ali 'Have you got any Divine literature apart from the Qur'an?' (Once he said...apart from what the people have?) `Ali replied, 'By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man with and we have what is written in this paper.' I asked, 'What is written in this paper?' He replied, 'Al-`Aql (the regulation of Diya), about the ransom of captives, and the Judgment that a Muslim should not be killed in Qisas (equality in punishment) for killing a disbeliever." (See Hadith No. 283,Vol. 4)

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

The Prophet (came to my house and) asked permission for entering and I allowed him. He asked, "Where do you like me to pray in your house?" I pointed to a place which I liked. He stood up for prayer and we aligned behind him and he finished the prayer with Taslim and we did the same.

Malik related to me from Yahya ibn Said that Isa ibn Maryam encountered a pig on the road. He said to it, "Go in peace." Somebody asked, "Do you say this to a pig?" Isa said, "I fear lest I accustom my tongue to evil speech."

Perhaps the Prophet mentioned the following (as Allah's Saying): "If My slave comes nearer to Me for a span, I go nearer to him for a cubit; and if he comes nearer to Me for a cubit; I go nearer to him for the span of outstretched arms. (See Hadith No. 502)

A group of people said to the Prophet, "Some people bring us meat and we do not know whether they have mentioned Allah's Name or not on slaughtering the animal." He said, "Mention Allah's Name on it and eat." Those people had embraced Islam recently.

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

(My mother) Umu-l-Fadl heard me reciting "Wal Mursalati `Urfan" (77) and said, "O my son! By Allah, your recitation made me remember that it was the last Sura I heard from Allah's Apostle. He recited it in the Maghrib prayer. "

I and Makhrafah al-Abdi imported some garments from Hajar, and brought them to Mecca. The Messenger of Allah (saws) came to us walking, and after he had bargained with us for some trousers, we sold them to him. There was a man who was weighing for payment. The Messenger of Allah (saws) said to him: Weigh out and give overweight.

I heard an old man who transmitted from Abu Bakrah on this father's authority that the Prophet (saws) had a woman stoned and a pit was dug up to her breasts.

Abu Dawud said: A man made me understand it from 'Uthman (b. Abi Shaibah)

Abu Dawud said: Al-Ghassani said: Juhainah, Ghamid and Bariq as the same.

Malik related to me from Yunus ibn Yusuf from Ata ibn Yasar that Abu Ayyub al-Ansari found some boys who had driven a fox into a corner, and he chased them away from it.

Malik said, "I only know that he said, 'Is this done in the Haram of the Messenger of Allah, may Allah bless him and grant him peace?' "

Allah's Apostle sent a letter to Khosrau and told his messenger to give it first to the ruler of Bahrain, and tell him to deliver it to Khosrau. When Khosrau had read it, he tore it into pieces. (Az-Zuhri said: I think Ibn Al-Musaiyab said, "Allah's Apostle invoked Allah to tear them (Khosrau and his followers) into pieces."

Yahya related to me from Malik that he had heard that Said ibn Abi Waqqas used to pass in front of some of the rows while the prayer was in progress.

Malik said, "I consider that it is permissible to do that if the iqama for the prayer has been said and the imam has said the initial takbir and a man cannot find any way into the mosque except by going between the rows."

Abyad went to the Messenger of Allah (saws) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)

So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.

The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."

The Prophet said, "The example of the person abiding by Allah's orders and limits (or the one who abides by the limits and regulations prescribed by Allah) in comparison to the one who do wrong and violate Allah's limits and orders is like the example of people drawing lots for seats in a boat. Some of them got seats in the upper part while the others in the lower part ; those in the, lower part have to pass by those in the upper one to get water, and that troubled the latter. One of them (i.e. the people in the lower part) took an ax and started making a hole in the bottom of the boat. The people of the upper part came and asked him, (saying), 'What is wrong with you?' He replied, "You have been troubled much by my (coming up to you), and I have to get water.' Now if they prevent him from doing that they will save him and themselves, but if they leave him (to do what he wants), they will destroy him and themselves."

I heard the Prophet describing the period of pause of the Divine Inspiration. He said in his talk, "While I was walking, I heard voices from the sky. I looked up, and behold ! I saw the same Angel who came to me in the cave of Hira' sitting on a chair between the sky and the earth. I was too much afraid of him (so I returned to my house) and said, 'Fold me up in garments!' They wrapped me up. Then Allah revealed: 'O you wrapped...and desert the idols before the prayer became compulsory.' Rujz means idols.

(Who was one of those who had given the Pledge of allegiance to the Prophet beneath the Tree) When the people brought Sadaqa (i.e. rak`at) to the Prophet he used to say, "O Allah! Bless them with your Mercy." Once my father came with his Sadaqa to him whereupon he (i.e. the Prophet) said. "O Allah! Bless the family of Abu `Aufa."

Malik related to me from Rabia ibn Abi Abd ar-Rahman that Umar ibn al-Khattab spoke about a man who went out with his wife's slave- girl on a journey and had intercourse with her and then the wife became jealous and mentioned that to Umar ibn al-Khattab. Umar questioned him about it. He said, "She gave her to me." Umar said, "Bring me a clear proof or I will stone you." Rabia added, "The wife confessed that she had given her to him."

I heard Allah's Apostle saying, Verily Allah created Mercy. The day He created it, He made it into one hundred parts. He withheld with Him ninety-nine parts, and sent its one part to all His creatures. Had the non-believer known of all the Mercy which is in the Hands of Allah, he would not lose hope of entering Paradise, and had the believer known of all the punishment which is present with Allah, he would not consider himself safe from the Hell-Fire."

Ibn `Umar used to rent his farms in the time of Abu Bakr, `Umar, `Uthman, and in the early days of Muawiya. Then he was told the narration of Rafi` 'bin Khadij that the Prophet had forbidden the renting of farms. Ibn `Umar went to Rafi` and I accompanied him. He asked Rafi` who replied that the Prophet had forbidden the renting of farms. Ibn `Umar said, "You know that we used to rent our farms in the lifetime of Allah's Apostle for the yield of the banks of the water streams (rivers) and for certain amount of figs.

Once I gave a horse (for riding) in Allah's Cause. Later I saw it being sold. I asked Allah's Apostle (whether I could buy it). He said, "Don't buy it, for you should not get back what you have given in charity."

I heard the Prophet saying, "Whoever (intentionally) ascribes to me what I have not said then (surely) let him occupy his seat in Hell-fire."

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."