Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman abu Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him peace, said, "The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried, a hand is cut off for whatever reaches the price of a shield."

From Abu Hurairah who said: "The price of a dog was prohibited, except for the hunting dog."

[Abu 'Eisa said:] This Hadith is not correct from this route. Abu Al-Muhazzim's name is Yazid bin Sufyan, and Shu'bah bin Al-Hajjaj criticized him and graded him weak. Similar to this has been reported from Jabir, from the Prophet (saws), but its chain is also not correct.

Ibn `Abbas said, "Allah's Apostle said, 'Do not go to meet the caravans on the way (for buying their goods without letting them know the market price); a town dweller should not sell the goods of a desert dweller on behalf of the latter.' I asked Ibn `Abbas, 'What does he mean by not selling the goods of a desert dweller by a town dweller?' He said, 'He should not become his broker.' "

that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.

Ka`b bin 'Ujra met me and said, "Shall I give you a present? Once the Prophet came to us and we said, 'O Allah's Apostle ! We know how to greet you; but how to send 'Salat' upon you? He said, 'Say: Allahumma Salli ala Muhammadin wa 'ala `Ali Muhammadin, kama sal-laita 'ala all Ibrahima innaka Hamidun Majid. Allahumma barik 'ala Muhammadin wa 'ala all Muhammadin, kama barakta 'ala all Ibrahima, innaka Hamidun Majid."

Allah's Apostle said," Whoever says: "La ilaha illal-lah wahdahu la sharika lahu, lahu-l-mulk wa lahul- hamd wa huwa 'ala kulli shai'in qadir," one hundred times will get the same reward as given for manumitting ten slaves; and one hundred good deeds will be written in his accounts, and one hundred sins will be deducted from his accounts, and it (his saying) will be a shield for him from Satan on that day till night, and nobody will be able to do a better deed except the one who does more than he."

Allah's Apostle said, "When the Jews greet anyone of you they say: 'Sam'Alaika (death be upon you); so you should say; 'Wa 'Alaika (and upon you).'"

that he had heard Muawiya repeating the words of Adhan up to "Wa ash-hadu anna Muhammadan rasulul-lah (and I testify that Muhammad is Allah's Apostle.)"

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

Allah's Apostle said, "Whoever says, 'Subhan Allah wa bihamdihi,' one hundred times a day, will be forgiven all his sins even if they were as much as the foam of the sea.

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace,said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must buy out his partners so that the slave is completely freed. If he doesn't have the money, he partially frees him.

I saw my father buying a slave whose profession was cupping, and ordered that his instruments (of cupping) be broken. I asked him the reason for doing so. He replied, "Allah's Apostle prohibited taking money for blood, the price of a dog, and the earnings of a slave-girl by prostitution; he cursed her who tattoos and her who gets tattooed, the eater of Riba (usury), and the maker of pictures."

On the authority of his father ( Abu Musa al-Ash'ari), reported (according to the version of Musaddad) : We came to the Apostle of Allaah (sal Allaahu alayhi wa sallam) to provide us with a mount, and found him using the tooth-stick, its one end being at his tongue (i.e. he wsa rinsing his mouth).

According to the version of Sulaiman it goes : I entered upon the Prophet (sal Allaahu alayhi wa sallam ) who was using the tooth-stick, and had it placed at one side of his tongue, producing a gurgling sound.

Abu Dawud said : Musaddad said that the tradition was a lengthy but he shortened it.

Yahya related to me from Malik from Nuaym ibn Abdullah al- Mujmirthat Muhammad ibn Abdullah ibn Zayd told him that Abu Masud al Ansari said, "The Messenger of Allah, may Allah bless him and grant him peace, came to us at the gathering of Sad ibn Ubada. Bashir ibn Sad said to him, 'Allah has ordered us to ask for blessings on you, Messenger of Allah. How should we do it?' The Messenger of Allah, may Allah bless him and grant him peace, remained silent until we wished we had not asked him. Then he told us to say, 'O Allah, bless Muhammad and the family of Muhammad as You blessed Ibrahim, and give baraka to Muhammad and the family of Muhammad as You gave baraka to the family of Ibrahim. In all the worlds You are worthy of Praise and Glorious,' and then give the taslim as you have learnt."

Allahumma salli ala Muhammad wa ali Muhammad kama sallaita Ibrahim, wa baraka ala Muhammad wa ali Muhammad kama baraktaala ali Ibrahim. Fi'l alamin, innaka Hamidu'm - Majid.

Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves.

Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."

Barirah went to Aisha, the mother of the faithful believers to seek her help in her emancipation Aisha said to her, "If your masters agree, I will pay them your price in a lump sum and manumit (free) you." Barirah mentioned that offer to her masters but they refused to sell her unless the Wala' was for them. `Aisha told Allah's Apostle about it. He said, "Buy and manumit her as the Wala' is for the liberator."

The Prophet said, "There are two expressions which are very easy for the tongue to say, but they are very heavy in the balance and are very dear to The Beneficent (Allah), and they are, 'Subhan Allah Al- `Azim and 'Subhan Allah wa bihamdihi.'"

[Abu Dawud and Al-Hakim].

I was sleeping in the mosque on a cloak mine whose price was thirty dirhams. A man came and pinched it away from me. The man was seized and brought to the Messenger of Allah (saws). He ordered that his hand should be cut off. I came to him and said: Do you cut off only for thirty dirhams ? I sell it to him and make the payment of its price a loan ? He said: Why did you not do so before bringing him to me ?

Abu Dawud said: Za'idah has also transmitted it from Simak from Ju'ayd ibn Hujayr. He said: Safwan slept. Mujahid and Tawus said: While he was sleeping a thief came and stole the cloak from beneath his head. The version of AbuSalamah ibn AbdurRahman has: He snatched it away from beneath his head and he awoke. He cried and he (the thief) was seized. Az-Zuhri narrated from Safwan ibn Abdullah. His version has: He slept in the mosque and used his cloak as pillow. A thief came and took his cloak. The thief was seized and brought to the Prophet (saws).

Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided."

Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family."

Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing."

The males and females during the time of the Apostle of Allaah ( sal Allahu alayhi wa sallam ) used to perform the ablution from one vessel together.

The wordings "from one vessel" occur in the version of Musaddad.

Yahya related to me from Malik from Abu'z-Zinad from Busr ibn Said from Ubayd, Abu Salih, the mawla of as-Saffah that he said, "I sold drapery to the people of Dar Nakhla on credit. Then I wanted to go to Kufa, so they proposed that I reduce the price for them and they would pay me immediately . I asked Zayd ibn Thabit about that, and he said, 'I order you not to accept increase or to give to anybody.' "

"The Messenger of Allah (saws) cursed ten involved in wine: The one who presses it, the one who has it pressed, its drinker, its carrier, and the one it is carried to, its server, its seller, the consumption of its price, the one who purchases it and the one it was purchased for."

[Abu 'Eisa said:] This Hadith is Gharib as a narration of Anas. Similar to this has been reported from Ibn 'Abbas, Ibn Mas'ud, and Ibn 'Umar, from the Prophet (saws).

Muhammad or `Abdullah bin Abu Al-Mujalid said, "Abdullah bin Shaddad and Abu Burda differed regarding As-Salam, so they sent me to Ibn Abi `Aufa and I asked him about it. He replied, 'In the lifetime of Allah's Apostle, Abu Bakr and `Umar, we used to pay in advance the prices of wheat, barley, dried grapes and dates to be delivered later. I also asked Ibn Abza and he, too, replied as above.' "

Jabir bin `Abdullah said, "When Allah's Apostle arrived at Medina, he slaughtered a camel or a cow." Jabir added, "The Prophet bought a camel from me for two Uqiyas (of gold) and one or two Dirhams. When he reached Sirar, he ordered that a cow be slaughtered and they ate its meat. When he arrived at Medina, he ordered me to go to the Mosque and offer two rak`at, and weighed (and gave) me the price of the camel."

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

Yahya related to me from Malik that he heard that when one entered an unoccupied house, one should say, "Peace be upon us and on the slaves of Allah, who are salih." (As-salamu alayna wa ala ibadillahi's-saliheen).O

While I was a companion rider with the Prophet he said, "O Mu`adh!" I replied, "Labbaik wa Sa`daik." He repeated this call three times and then said, "Do you know what Allah's Right on His slaves is?" I replied, "No." He said, Allah's Right on His slaves is that they should worship Him (Alone) and should not join partners in worship with Him." He said, "O Mu`adh!" I replied, "Labbaik wa Sa`daik." He said, "Do you know what the right of (Allah's) salves on Allah is, if they do that (worship Him Alone and join none in His worship)? It is that He will not punish them." (another chain through Mu'adh)

(the clerk of Al-Mughira bin Shu`ba) Muawiya wrote to Al-Mughira: "Write to me a narration you have heard from Allah's Apostle." So Al-Mughira wrote to him, "I heard him saying the following after each prayer: 'La ilaha illal-lahu wahdahu la sharika lahu, lahu-l-mulk wa lahuI-hamd, wa huwa 'ala kulli Shai-in qadir.' He also used to forbid idle talk, asking too many questions (in religion), wasting money, preventing what should be given, and asking others for something (except in great need), being undutiful to mothers, and burying one's little daughters (alive).