Malik said, "The generally agreed on wayof doing things among us is that when there are no full siblings with them, half-siblings by the father take the position of full siblings. Their males are like the males of the full siblings, and their females are like their females except in the case where the half-siblings by the mother and the full siblings share, because they are not offspring of the mother who joins these."

Malik said, "If there are both full siblings and half-siblings by the father and there is a male among the full siblings none of the half-siblings by the father have any inheritance. If there is one or more females in the full siblings and there is no male with them, the one full sister gets a half, and the half sister by the father gets a sixth, completing the two-thirds. If there is a male with the half-sisters by the father, they have no share. The people of fixed shares are given their shares and if there is something left after that it is divided between the half-siblings by the father. The male has the portion of two females. If there is nothing left over, they get nothing. If the full siblings consist of two or more females, they get two-thirds, and the half-sisters by the father get nothing with them unless there is a half-brother by the father with them. If there is a half-brother by the father with them, the people of fixed shares are given their shares and if there is something left over after that, it is divided between the half- siblings by the father. The male gets the portion of two females. If there is nothing left over, they get nothing. Half-siblings by the mother, full-siblings, and half-siblings by the father, each have a sixth (when they are onlyone). Two and more share a third. The male has the same portion as the female. They are in the same position in it."

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqat (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."

[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.

[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.

He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"

[Abu 'Eisa said:] Meaning: "approving of this Hadith."

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

Allah's Apostle said, "(The Prophet) Moses was a shy person and used to cover his body completely because of his extensive shyness. One of the children of Israel hurt him by saying, 'He covers his body in this way only because of some defect in his skin, either leprosy or scrotal hernia, or he has some other defect.' Allah wished to clear Moses of what they said about him, so one day while Moses was in seclusion, he took off his clothes and put them on a stone and started taking a bath. When he had finished the bath, he moved towards his clothes so as to take them, but the stone took his clothes and fled; Moses picked up his stick and ran after the stone saying, 'O stone! Give me my garment!' Till he reached a group of Bani Israel who saw him naked then, and found him the best of what Allah had created, and Allah cleared him of what they had accused him of. The stone stopped there and Moses took and put his garment on and started hitting the stone with his stick. By Allah, the stone still has some traces of the hitting, three, four or five marks. This was what Allah refers to in His Saying:-- "O you who believe! Be you not like those Who annoyed Moses, But Allah proved his innocence of that which they alleged, And he was honorable In Allah's Sight." (33.69)

Ibn `Umar said, "I went to Hafsa while water was dribbling from her twined braids. I said, 'The condition of the people is as you see, and no authority has been given to me.' Hafsa said, (to me), 'Go to them, and as they (i.e. the people) are waiting for you, and I am afraid your absence from them will produce division amongst them.' " So Hafsa did not leave Ibn `Umar till we went to them. When the people differed. Muawiya addressed the people saying, "'If anybody wants to say anything in this matter of the Caliphate, he should show up and not conceal himself, for we are more rightful to be a Caliph than he and his father." On that, Habib bin Masalama said (to Ibn `Umar), "Why don't you reply to him (i.e. Muawiya)?" `Abdullah bin `Umar said, "I untied my garment that was going round my back and legs while I was sitting and was about to say, 'He who fought against you and against your father for the sake of Islam, is more rightful to be a Caliph,' but I was afraid that my statement might produce differences amongst the people and cause bloodshed, and my statement might be interpreted not as I intended. (So I kept quiet) remembering what Allah has prepared in the Gardens of Paradise (for those who are patient and prefer the Hereafter to this worldly life)." Habib said, "You did what kept you safe and secure (i.e. you were wise in doing so).

A son of Adi ibn Adi al-Kindi said that Umar ibn AbdulAziz wrote (to his governors): If anyone asks about the places where spoils (fay') should be spent, that should be done in accordance with the decision made by Umar ibn al-Khattab (Allah be pleased with him). The believers considered him to be just, according to the saying of the Prophet (saws): Allah has placed truth upon Umar's tongue and heart. He fixed stipends for Muslims, and provided protection for the people of other religions by levying jizyah (poll-tax) on them, deducting no fifth from it, nor taking it as booty.

The Prophet (saws) alighted at a place where a mosque has been built under a large tree. He tarried there for three days, and then proceeded to Tabuk. Juhaynah met him on a wide plain. He asked them: who are the people of Dhul-Marwah? They replied: Banu Rifa'ah of Juhaynah. He said: I have given this (land) to Banu Rifa'ah as a fief. Therefore, they divided it. Some of them sold (their share) and others retained and worked on it.

(Sub-narrator Ibn Wahab said: I then asked AbdulAziz about this tradition. He narrated a part of it to me and did not narrate it in full.

Umar said to him: The Ka'bah does not need your property. Make atonement for your oath and speak to your brother. I heard the Messenger of Allah (saws) say: An oath or vow to disobey the Lord, or to break ties of relationship or about something over which one has no control is not binding on you.

In the time of the Prophet (saws) a man took a vow to slaughter a camel at Buwanah. So he came to the Prophet (saws) and said: I have taken a vow to sacrifice a camel at Buwanah.

The Prophet (saws) asked: Did the place contain any idol worshipped in pre-Islamic times?

They (the people) said: No.

He asked: Was any pre-Islamic festival observed there?

They replied: No.

The Prophet (saws) said: Fulfil your vow, for a vow to do an act of disobedience to Allah must not be fulfilled, neither must one do something over which a human being has no control.

I taught some persons of the people of Suffah writing and the Qur'an. A man of them presented to me a bow. I said: It cannot be reckoned property; may I shoot with it in Allah's path? I must come to the Apostle of of Allah (saws) and ask him (about it). So I came to him and said : Messenger of Allah (saws), one of those whom I have been teaching writing and the Qur'an has presented me a bow, and as it cannot be reckoned property, may I shoot with it in Allah's path? He said: If you want to have a necklace of fire on you, accept it.

I used to write (the account of) the expenditure incurred on orphans who were under the guardianship of so-and-so. They cheated him by one thousand dirhams and he paid these (this amount) to them. I then got double the property which they deserved. I said (to the man: Take one thousand (dirhams) which they have taken from you (by cheating). He said: No, my father has told me that he heard the Messenger of Allah (saws) say: Pay the deposit to him who deposited it with you, and do not betray him who betrays you.

The Prophet (saws) said: If anyone desires the office of Judge and seeks help for it, he will be left to his own devices; if anyone does not desire it, nor does he seek help for it, Allah will send down an angel who will direct him aright.

Waki' said: (This tradition has also been transmitted) by Isra'il, from 'Abd al-A'la, from Bilal bin Abi Musa, from Anas, from the Prophet (saws).

Abu 'Awanah said: from 'Abd al-A'la, from Bilal bin Mirdas al-Fazari, from Khaithamah al-Basri from Anas.

The Messenger of Allah (saws) saw me. The version of AbuAli al-Lula' has: I think I wore a garment dyed with a reddish yellow colour. He asked: What is this? So I went and burnt it. The Prophet (saws) said: What have you done with your garment? I replied: I burnt it. He said: Why did you not give it to one of your women to wear?

Abu Dawud said: Thawr transmitted it from Khalid and said: "Pink (muwarrad)" while Tawus said: "Reddish yellow colour (mu'asfar)".

The Prophet (saws) said: If only one day of this world remained. Allah would lengthen that day (according to the version of Za'idah), till He raised up in it a man who belongs to me or to my family whose father's name is the same as my father's, who will fill the earth with equity and justice as it has been filled with oppression and tyranny (according to the version of Fitr). Sufyan's version says: The world will not pass away before the Arabs are ruled by a man of my family whose name will be the same as mine.

Abu Dawud said: The version of 'Umar and Abu Bakr is the same as that of Sufyan.

The Prophet (saws) did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet (saws). When he was opposite al-Abbas's house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet (saws), he laughed and said: Did he do that? and he gave no command regarding him.

Abu Dawud said: This tradition of al-Hasan b. 'Ali has been transmitted only by the people of Medina.

'Umar b. al-Khattab (ra) addressed us and said: I did not send my collectors (of zakat) so that they strike your bodies and that they take your property. If that is done with someone and he appeals to me, I shall take retaliation on him. Amr ibn al-'As said: If any man (i.e. governor) inflicts disciplinary punishment on his subjects, would you take retaliation on him too? He said: Yes, by Him in Whose hand my soul is, I shall take retaliation on him. I saw that the Messenger of Allah (saws) has given retaliation on himself.

The Prophet (saws) said: Beware! I have been given the Qur'an and something like it, yet the time is coming when a man replete on his couch will say: Keep to the Qur'an; what you find in it to be permissible treat as permissible, and what you find in it to be prohibited treat as prohibited. Beware! The domestic ass, beasts of prey with fangs, a find belonging to confederate, unless its owner does not want it, are not permissible to you If anyone comes to some people, they must entertain him, but if they do not, he has a right to mulct them to an amount equivalent to his entertainment.

He then said :What I have I shall never store away from you but Allah will strengthen the abstinence of him who abstains, will give a satisfaction to him who wants to be satisfied, and will strengthen the endurance of him who shows endurance. No one has been given a more ample gift than endurance.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "Do not sell gold for gold except like for like, and do not increase one part over another part. Do not sell silver for silver except like for like, and do not increase one part over another part. Do not sell silver for gold, one of them at hand and the other to be given later. If someone seeks to delay paying you until he has been to his house, do not leave him. I fear rama for you." Rama is usury.

Yahya said that he heard Malik say, "The sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that."

When the Verse:--'If there are twenty steadfast amongst you (Muslims), they will overcome twohundred (non-Muslims).' was revealed, it became hard on the Muslims when it became compulsory that one Muslim ought not to flee (in war) before ten (non-Muslims). So (Allah) lightened the order by revealing: '(But) now Allah has lightened your (task) for He knows that there is weakness in you. So if there are of you one-hundred steadfast, they will overcome (two-hundred (non-Muslims).' (8.66) So when Allah reduced the number of enemies which Muslims should withstand, their patience and perseverance against the enemy decreased as much as their task was lightened for them.

I heard Ka`b bin Malik at the time he remained behind and did not join (the battle of) Tabuk, saying, "By Allah, no blessing has Allah bestowed upon me, besides my guidance to Islam, better than that of helping me speak the truth to Allah's Apostle otherwise I would have told the Prophet a lie and would have been ruined like those who had told a lie when the Divine Inspiration was revealed:-- "They will swear by Allah to you (Muslims) when you return to them.. the rebellious people." (9.95-96)

While we were sitting with the Prophet Surat Al-Jumu'a was revealed to him, and when the Verse, "And He (Allah) has sent him (Muhammad) also to other (Muslims).....' (62.3) was recited by the Prophet, I said, "Who are they, O Allah's Apostle?" The Prophet did not reply till I repeated my question thrice. At that time, Salman Al-Farisi was with us. So Allah's Apostle put his hand on Salman, saying, "If Faith were at (the place of) Ath-Thuraiya (pleiades, the highest star), even then (some men or man from these people (i.e. Salman's folk) would attain it."

That `Abdullah bin `Umar told him that he had divorced his wife while she was in her menses so `Umar informed Allah's Apostle of that. Allah's Apostle became very angry at that and said, "(Ibn `Umar must return her to his house and keep her as his wife till she becomes clean and then menstruates and becomes clean again, whereupon, if he wishes to divorce her, he may do so while she is still clean and before having any sexual relations with her, for that is the legally prescribed period for divorce as Allah has ordered."

I said, "O Allah's Apostle! I am a young man and I am afraid that I may commit illegal sexual intercourse and I cannot afford to marry." He kept silent, and then repeated my question once again, but he kept silent. I said the same (for the third time) and he remained silent. Then repeated my question (for the fourth time), and only then the Prophet said, "O Abu Huraira! The pen has dried after writing what you are going to confront. So (it does not matter whether you) get yourself castrated or not."

A dead man in debt used to be brought to Allah's Apostle who would ask, "Has he left anything to re pay his debts?" If he was informed that he had left something to cover his debts the Prophet would offer the funeral prayer for him; otherwise he would say to the Muslims present there), "Offer the funeral prayer for your friend:"but when Allah helped the Prophet to gain victory (on his expeditions), he said, "I am closer to the Believers than themselves, so. if one of the Believers dies in debt, I will repay it, but if he leaves wealth, it will be for his heirs.

We went out and Ghalib bin Abjar was accompanying us. He fell ill on the way and when we arrived at Medina he was still sick. Ibn Abi 'Atiq came to visit him and said to us, "Treat him with black cumin. Take five or seven seeds and crush them (mix the powder with oil) and drop the resulting mixture into both nostrils, for `Aisha has narrated to me that she heard the Prophet saying, 'This black cumin is healing for all diseases except As-Sam.' Aisha said, 'What is As-Sam?' He said, 'Death."

Allah's Apostle taught me the Tashah-hud as he taught me a Sura from the Qur'an, while my hand was between his hands. (Tashah-hud was) all the best compliments and the prayers and the good things are for Allah. Peace and Allah's Mercy and Blessings be on you, O Prophet! Peace be on us and on the pious slaves of Allah, I testify that none has the right to be worshipped but Allah, and I also testify that Muhammad is Allah's slave and His Apostle. (We used to recite this in the prayer) during the lifetime of the Prophet , but when he had died, we used to say, "Peace be on the Prophet."

Yahya related to me from Malik from Nuaym ibn Abdullah al-Madani al-Mujmir that he heard Abu Hurayra say, "If someone does wudu and does it correctly and then goes off intending to do the prayer, then he is in prayer as long as he intends to do the prayer. A good action is written for every alternate step he makes and a wrong action is erased for the second. When you hear the iqama do not lengthen your stride, and the one who has the greatest reward is the one whose house is farthest away." They said, "Why, Abu Hurayra?" He replied, "Because of the greater number of steps."

Yahya related to me from Malik from Ibn Shihab that Humayd ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar on the day of Ashura in the year in which he made the hajj, "People of Madina, where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, say about this day, 'This is the day of Ashura, and fasting it has not been prescribed for you. I am fasting it, and whoever of you wants to fast it can do so, and whoever does not want to, does not have to.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Ibn

Abi Mulayka that Umar ibn al-Khattab passed a leprous woman doing tawaf of the House, and he said to her, "Slave of Allah, do not make people uneasy. Better that you stay in your house," so she did so. A man passed by her after that and said to her, "The one who forbade you has died, so come out," and she replied, "I am not going to obey him when he is alive and disobey him when he is dead."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to one of his governors, "It has been passed down to us that when the Messenger of Allah, may Allah bless him and grant him peace, sent out a raiding party, he would say to them, 'Make your raids in the name of Allah in the way of Allah. Fight whoever denies Allah. Do not steal from the booty, and do not act treacherously. Do not mutilate and do not kill children.' Say the same to your armies and raiding parties, Allah willing. Peace be upon you."

Um-Sulaim came to Allah's Apostle and said, "Verily, Allah is not shy of (telling you) the truth. Is it necessary for a woman to take a bath after she has a wet dream (nocturnal sexual discharge?) The Prophet replied, "Yes, if she notices a discharge." Um Salama, then covered her face and asked, "O Allah's Apostle! Does a woman get a discharge?" He replied, "Yes, let your right hand be in dust (An Arabic expression you say to a person when you contradict his statement meaning "you will not achieve goodness"), and that is why the son resembles his mother."

`Aisha said, "We set out with the sole intention of performing Hajj and when we reached Sarif, (a place six miles from Mecca) I got my menses. Allah's Apostle came to me while I was weeping. He said 'What is the matter with you? Have you got your menses?' I replied, 'Yes.' He said, 'This is a thing which Allah has ordained for the daughters of Adam. So do what all the pilgrims do with the exception of the Tawaf (Circumambulation) round the Ka`ba." `Aisha added, "Allah's Apostle sacrificed cows on behalf of his wives."

We set out with the Prophet for Hajj and when we reached Sarif I got my menses. When the Prophet came to me, I was weeping. He asked, "Why are you weeping?" I said, "I wish if I had not performed Hajj this year." He asked, "May be that you got your menses?" I replied, "Yes." He then said, "This is the thing which Allah has ordained for all the daughters of Adam. So do what all the pilgrims do except that you do not perform the Tawaf round the Ka`ba till you are clean."

A man stood up and asked the Prophet about praying in a single garment. The Prophet said, "Has every one of you two garments?" A man put a similar question to `Umar on which he replied, "When Allah makes you wealthier then you should clothe yourself properly during prayers. Otherwise one can pray with an Izar and a Rida' (a sheet covering the upper part of the body.) Izar and a shirt, Izar and a Qaba', trousers and a Rida, trousers and a shirt or trousers and a Qaba', Tubban and a Qaba' or Tubban and a shirt." (The narrator added, "I think that he also said a Tubban and a Rida. ")

Allah's Apostle said, "When the Adhan is pronounced Satan takes to his heels and passes wind with noise during his flight in order not to hear the Adhan. When the Adhan is completed he comes back and again takes to his heels when the Iqama is pronounced and after its completion he returns again till he whispers into the heart of the person (to divert his attention from his prayer) and makes him remember things which he does not recall to his mind before the prayer and that causes him to forget how much he has prayed."

The Prophet led us in the `Asr or the Zuhr prayer and finished it with Taslim. Dhul-Yadain said to him, "O Allah's Apostle! Has the prayer been reduced?" The Prophet asked his companions in the affirmative. So Allah's Apostle I offered two more rak`at and then performed two prostrations (of Sahu). Sa`d said, "I saw that 'Urwa bin Az-Zubair had offered two rak`at in the Maghrib prayer and finished it with Taslim. He then talked (and when he was informed about it) he completed the rest of his prayer and performed two prostrations, and said, 'The Prophet prayed like this.' "

Al-Fadl (his brother) was riding behind Allah's Apostle and a woman from the tribe of Khath'am came and Al-Fadl started looking at her and she started looking at him. The Prophet turned Al-Fadl's face to the other side. The woman said, "O Allah's Apostle! The obligation of Hajj enjoined by Allah on His devotees has become due on my father and he is old and weak, and he cannot sit firm on the Mount; may I perform Hajj on his behalf?" The Prophet replied, "Yes, you may." That happened during the Hajj-al-Wida (of the Prophet ).

I heard `Aisha saying, "Five days before the end of Dhul-Qa'da we set out from Medina in the company of Allah's Apostle with the intention of performing Hajj only. When we approached Mecca, Allah's Apostle ordered those who had no Hadi with them to finish their lhram after performing Tawaf of the Ka`ba and (Sa`i) and between Safa and Marwa." `Aisha added, "On the day of Nahr (slaughtering of sacrifice) beef was brought to us. I asked, 'What is this?' The reply was, 'Allah's Apostle (p.b.u.h) has slaughtered (sacrifices) on behalf of his wives.' "

I sat with Ka`b bin 'Ujra and asked him about the Fidya. He replied, "This revelation was revealed concerning my case especially, but it is also for you in general. I was carried to Allah's Apostle and the lice were falling in great number on my face. The Prophet said, "I have never thought that your ailment (or struggle) has reached to such an extent as I see. Can you afford a sheep?" I replied in the negative. He then said, "Fast for three days, or feed six poor persons each with half a Sa of food." (1 Sa = 3 Kilograms approx.)

That the latter said, "Who has change?" Talha said, "I (will have change) when our storekeeper comes from the forest." Malik bin Aus narrated from `Umar bin Al-Khattab: Allah's Apostle said, "The bartering of gold for gold is Riba (usury), except if it is from hand to hand and equal in amount, and wheat grain for wheat grain is usury except if it is form hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount, and barley for barley is usury except if it is from hand to hand and equal in amount."