Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, ...

A man of Banu Amir said: Messenger of Allah, my father is very old, he cannot perform hajj and umrah himself nor can be ride on a mount. He said: Perform hajj and umrah on behalf of your father.

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 Jews came to the Prophet (saws) and said: We eat which we kill but we do not eat which Allah kills? So Allah revealed: "Eat not of (meats) on which Allah's name hath not been pronounced." to the end of the verse.

The Prophet (saws) said: Do not uncover you thigh, and do not look at the thigh of the living and the dead.

Abu Dawud said: This tradition disagrees with the generally reported traditions (nakarah).

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha said, "I came to Makka at the time of my period so I did not do tawaf of the House or go between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do what the people doing hajj do except do not do tawaf of the House and go between Safa and Marwa until you are pure.' "

Malik said, concerning a woman who entered ihram for umra at the time of hajj, and she arrived in Makka during her period and so could not do tawaf of the House, "When she fears that the time (for hajj) is getting close, she gets into ihram for the hajj and sacrifices an animal. She is like someone who combines the hajj and the umra. One tawaf is enough for her. If a women starts her period after she has already done tawaf of the House and prayed, she does say between Safa and Marwa and stops at Arafa and Muzdalifa and stones the jamras but she does not do the tawaf al-ifada until she is pure and has finished her menses."

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

The Prophet (saws) said: Angels do not enter the house where there is a picture, or a dog, or a person who is sexually defiled.

I saw a man whose opinion was accepted by the people, and whatever he said they submitted to it. I asked: Who is he? They said: This is the Messenger of Allah (saws). I said: On you be peace, Messenger of Allah, twice. He said: Do not say "On you be peace," for "On you be peace" is a greeting for the dead, but say "Peace be upon you".

I asked: You are the Messenger of Allah (may peace be upon you)? He said: I am the Messenger of Allah Whom you call when a calamity befalls you and He removes it; when you suffer from drought and you call Him, He grows food for you; and when you are in a desolate land or in a desert and your she-camel strays and you call Him, He returns it to you.

I said: Give me some advice. He said: Do not abuse anyone. He said that he did not abuse a freeman, or a slave, or a camel or a sheep thenceforth. He said: Do not look down upon any good work, and when you speak to your brother, show him a cheerful face. This is a good work. Have your lower garment halfway down your shin; if you cannot do it, have it up to the ankles. Beware of trailing the lower garment, for it is conceit and Allah does not like conceit. And if a man abuses and shames you for something which he finds in you, then do not shame him for something which you find in him; he will bear the evil consequences for it.

Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

Anas bin Malik said, "A person entered the Mosque on a Friday through the gate facing the Daril- Qada' and Allah's Apostle was standing delivering the Khutba (sermon). The man stood in front of Allah's Apostle and said, 'O Allah's Apostle, livestock are dying and the roads are cut off; please pray to Allah for rain.' So Allah's Apostle (p.b.u.h) raised both his hands and said, 'O Allah! Bless us with rain. O Allah! Bless us with rain. O Allah! Bless us with rain!" Anas added, "By Allah, there were no clouds in the sky and there was no house or building between us and the mountain of Sila'. Then a big cloud like a shield appeared from behind it (i.e. Silas Mountain) and when it came in the middle of the sky, it spread and then rained. By Allah! We could not see the sun for a week. The next Friday, a person entered through the same gate and Allah's Apostle was delivering the Friday Khutba and the man stood in front of him and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off; Please pray to Allah to withhold rain.' " Anas added, "Allah's Apostle raised both his hands and said, 'O Allah! Round about us and not on us. O Allah!' On the plateaus, on the mountains, on the hills, in the valleys and on the places where trees grow.' " Anas added, "The rain stopped and we came out, walking in the sun." Sharik asked Anas whether it was the same person who had asked for rain the previous Friday. Anas replied that he did not know.

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, ...

Abu Dawud said: The version of Shu'bah has: That you give her food when you have food yourself, and that you clothe her when you clothe yourself.

A man got up and said, O Allah's Apostle! What do you order us to wear when we assume the state of Ihram?" The Prophet replied, "Do not wear shirts, trousers, turbans, hooded cloaks or Khuffs (socks made from thick fabric or leather), but if a man has no sandals, he can wear Khuffs after cutting them short below the ankles; and do not wear clothes touched with (perfumes) of saffron or wars."

The Prophet said, "No good deeds done on other days are superior to those done on these (first ten days of Dhul Hijja)." Then some companions of the Prophet said, "Not even Jihad?" He replied, "Not even Jihad, except that of a man who does it by putting himself and his property in danger (for Allah's sake) and does not return with any of those things."

On the Day of the Conquest of Mecca, Allah's Apostle said, "Allah has made this town a sanctuary. Its thorny bushes should not be cut, its game should not be chased, and its fallen things should not be picked up except by one who would announce it publicly."

'A'isha reported that Allah's Messenger (may peace be upon him) never beat anyone with his hand, neither a woman nor a servant, but only, in the case when he had been fighting in the cause of Allah and he never took revenge for anything unless the things made inviolable by Allah were made violable; he then took revenge for Allah, the Exalted and Glorious.

The Prophet said, "If a slave-girl commits illegal sexual intercourse and it is proved beyond doubt, then her owner should lash her and should not blame her after the legal punishment. And then if she repeats the illegal sexual intercourse he should lash her again and should not blame her after the legal punishment, and if she commits it a third time, then he should sell her even for a hair rope."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

While we were with Allah's Apostle he said, "Tell me of a tree which resembles a Muslim man. Its leaves do not fall and it does not, and does not, and does not, and it gives its fruits every now and then." It came to my mind that such a tree must be the date palm, but seeing Abu Bakr and `Umar saying nothing, I disliked to speak. So when they did not say anything, Allah's Apostle said, "It is the date-palm tree." When we got up (from that place), I said to `Umar, "O my father! By Allah, it came to my mind that it must be the date palm tree." `Umar said, "What prevented you from speaking" I replied, "I did not see you speaking, so I misliked to speak or say anything." `Umar then said, "If you had said it, it would have been dearer to me than so-and-so."

We have no Book to recite except the Book of Allah (Qur'an) and this paper. Then `Ali took out the paper, and behold ! There was written in it, legal verdicts about the retaliation for wounds, the ages of the camels (to be paid as Zakat or as blood money). In it was also written: 'Medina is a sanctuary from Air (mountain) to Thaur (mountain). So whoever innovates in it an heresy (something new in religion) or commits a crime in it or gives shelter to such an innovator, will incur the curse of Allah, the angels and all the people, and none of his compulsory or optional good deeds will be accepted on the Day of Resurrection. And whoever (a freed slave) takes as his master (i.e. be-friends) some people other than hi real masters without the permission of his real masters, will incur the curse of Allah, the angels and all the people, and none of his compulsory, or optional good deeds will be accepted on the Day of Resurrection. And the asylum granted by any Muslim is to be secured by all the Muslims, even if it is granted by one of the lowest social status among them; and whoever betrays a Muslim, in this respect will incur the curse of Allah, the angels, and all the people, and none of his Compulsory or optional good deeds will be accepted on the Day of Resurrection."

The news of my daily fasting and praying every night throughout the night reached the Prophet. So he sent for me or I met him, and he said, "I have been informed that you fast everyday and pray every night (all the night). Fast (for some days) and give up fasting (for some days); pray and sleep, for your eyes have a right on you, and your body and your family (i.e. wife) have a right on you." I replied, "I have more power than that (fasting)." The Prophet said, "Then fast like the fasts of (the Prophet) David". I said, "How?" He replied, "He used to fast on alternate days, and he used not to flee on meeting the enemy." I said, "From where can I get that chance?" (`Ata' said, "I do not know how the expression of fasting daily throughout the life occurred.") So, the Prophet said, twice, "Whoever fasts daily throughout his life is just as the one who does not fast at all."

Two men informed me that they went to the Prophet (saws) when he was at the Farewell Pilgrimage while he was distributing the sadaqah and asked him for some of it. He looked us up and down, and seeing that we were robust, he said: If you wish, I shall give you something, but there is nothing spare in it for a rich man or for one who is strong and able to earn a living.

I went to the Messenger of Allah (saws) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them.

The Messenger of Allah (saws) struck him on his shoulders and then said: You will attain success, Qudaym, if you die without having been a ruler, a secretary, or a chief.

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, "The very poor are not the people who constantly walk from person to person and are given one or two morsels, and one or two dates." They said, "Who are the very poor, Messenger of Allah?" He said, "People who do not find enough for themselves and other people are not aware of them to give sadaqa to them, and they do not start begging from other people."

Allah's Apostle said, "The deeds of anyone of you will not save you (from the (Hell) Fire)." They said, "Even you (will not be saved by your deeds), O Allah's Apostle?" He said, "No, even I (will not be saved) unless and until Allah bestows His Mercy on me. Therefore, do good deeds properly, sincerely and moderately, and worship Allah in the forenoon and in the afternoon and during a part of the night, and always adopt a middle, moderate, regular course whereby you will reach your target (Paradise).

I saw the Prophet on the Day of (the battle of) Al-Khandaq, carrying earth with us and saying, "By Allah, without Allah we would not have been guided, neither would we have fasted, nor would we have prayed. O Allah! Send down Sakina (calmness) upon us and make our feet firm when we meet (the enemy). The pagans have rebelled against us, but if they want to put us in affliction (i.e., fight us) we refuse (to flee)." (See Hadith No. 430, Vol. 5).

Allah's Apostle said, "Allah said, "I have prepared for My Pious slaves things which have never been seen by an eye, or heard by an ear, or imagined by a human being." If you wish, you can recite this Verse from the Holy Qur'an:--"No soul knows what is kept hidden for them, of joy as a reward for what they used to do." (32.17)

Allah's Apostle said, "A lady was punished because of a cat which she had imprisoned till it died. She entered the (Hell) Fire because of it, for she neither gave it food nor water as she had imprisoned it, nor set it free to eat from the vermin of the earth."