The Prophet said, "All of you are guardians and are responsible for your wards. The ruler is a guardian and the man is a guardian of his family; the lady is a guardian and is responsible for her husband's house and his offspring; and so all of you are guardians and are responsible for your wards."

I heard the Prophet saying, "There will be twelve Muslim rulers (who will rule all the Islamic world)." He then said a sentence which I did not hear. My father said, "All of them (those rulers) will be from Quraish."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

Abu Dawud said: This tradition has been narrated by Yunus b. Jubair, Anas b. Sirin b. Jubair, Zaid b. Aslam, Abu al-Zubair and Mansur from Abu Wa'il on the authority of Ibn 'Umar. They all agreed on the theme that the Prophet (saws) commanded him to take her back (and keep her) till she was purified. Then if he desired, he might divorce her or keep her with him if he wanted to do so. The version narrated by al-Zuhri from Salim from Nafi' on the authority of Ibn 'Umar has: The Prophet (saws) commanded him to take her back (and keep her) till she is purified, and then has menstrual discharge, and then she is purified. Then if he desires, he may divorce her and if he desires he may keep her.

Abu Dawud said: A version like that of Nafi' and al-Zuhri has also been transmitted by 'Ata al-Khurasani from al-Hasan on the authority of Ibn 'Umar. All the versions of this tradition contradict the one narrated by Abu al-Zubair.

I gave the pledge of allegiance to the Prophet with a group of people, and he said, "I take your pledge that you will not worship anything besides Allah, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. And whoever among you fulfill all these (obligations of the pledge), his reward is with Allah. And whoever commits any of the above crimes and receives his legal punishment in this world, that will be his expiation and purification. But if Allah screens his sin, it will be up to Allah, Who will either punish or forgive him according to His wish." Abu `Abdullah said: "If a thief repents after his hand has been cut off, the his witness well be accepted. Similarly, if any person upon whom any legal punishment has been inflicted, repents, his witness will be accepted."

The Prophet said, 'The (people of) Bani Israel used to take bath naked (all together) looking at each other. The Prophet Moses used to take a bath alone. They said, 'By Allah! Nothing prevents Moses from taking a bath with us except that he has a scrotal hernia.' So once Moses went out to take a bath and put his clothes over a stone and then that stone ran away with his clothes. Moses followed that stone saying, "My clothes, O stone! My clothes, O stone! till the people of Bani Israel saw him and said, 'By Allah, Moses has got no defect in his body. Moses took his clothes and began to beat the stone." Abu Huraira added, "By Allah! There are still six or seven marks present on the stone from that excessive beating."

Abu Dawud said: This tradition has been narrated by 'Abd al-Wahid from Khusaif, but he did not report it as a statement of the Prophet (saws). The version of 'Abd al-Wahid has been corroborated by Sufyan, Sharik, and Isra'il. They differed amongst themselves about the text of the tradition and they did not narrate it with the continuous chain up to the Prophet (saws).

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

Some (of the Ansar) used to present date palm trees to the Prophet till Banu Quraiza and Banu An- Nadir were conquered (then he returned to the people their date palms). My people ordered me to ask the Prophet to return some or all the date palms they had given to him, but the Prophet had given those trees to Um Aiman. On that, Um Aiman came and put the garment around my neck and said, "No, by Him except Whom none has the right to be worshipped, he will not return those trees to you as he (i.e. the Prophet ) has given them to me." The Prophet go said (to her), "Return those trees and I will give you so much (instead of them)." But she kept on refusing, saying, "No, by Allah," till he gave her ten times the number of her date palms.

The Prophet said, "The people were displayed in front of me and I saw one prophet passing by with a large group of his followers, and another prophet passing by with only a small group of people, and another prophet passing by with only ten (persons), and another prophet passing by with only five (persons), and another prophet passed by alone. And then I looked and saw a large multitude of people, so I asked Gabriel, "Are these people my followers?' He said, 'No, but look towards the horizon.' I looked and saw a very large multitude of people. Gabriel said. 'Those are your followers, and those are seventy thousand (persons) in front of them who will neither have any reckoning of their accounts nor will receive any punishment.' I asked, 'Why?' He said, 'For they used not to treat themselves with branding (cauterization) nor with Ruqya (get oneself treated by the recitation of some Verses of the Qur'an) and not to see evil omen in things, and they used to put their trust (only) in their Lord." On hearing that, 'Ukasha bin Mihsan got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, "O Allah, make him one of them." Then another man got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, 'Ukasha has preceded you."

The Prophet employed Ibn Al-Utbiyya to collect Zakat from Bani Sulaim, and when he returned (with the money) to Allah's Apostle the Prophet called him to account, and he said, "This (amount) is for you, and this was given to me as a present." Allah's Apostle said, "Why don't you stay at your father's house or your mother's house to see whether you will be given gifts or not, if you are telling the truth?" Then Allah's Apostle stood up and addressed the people, and after glorifying and praising Allah, he said: Amma Ba'du (then after) I employ some men from among you for some job which Allah has placed in my charge, and then one of you comes to me and says, 'This (amount) is for you and this is a gift given to me.' Why doesn't he stay at the house of his father or the house of his mother and see whether he will be given gifts or not if he was telling the truth by Allah, none of you takes anything of it (i.e., Zakat) for himself (Hisham added: unlawfully) but he will meet Allah on the Day of Resurrection carrying it on his neck! I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah." Then the Prophet raised both his hands till I saw the whiteness of his armpits, and said, "(No doubt)! Haven't I conveyed Allah's Message!"

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."

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.' "

Allah's Apostle said, "The reward of the prayer offered by a person in congregation is twenty five times greater than that of the prayer offered in one's house or in the market (alone). And this is because if he performs ablution and does it perfectly and then proceeds to the mosque with the sole intention of praying, then for every step he takes towards the mosque, he is upgraded one degree in reward and his one sin is taken off (crossed out) from his accounts (of deeds). When he offers his prayer, the angels keep on asking Allah's Blessings and Allah's forgiveness for him as long as he is (staying) at his Musalla. They say, 'O Allah! Bestow Your blessings upon him, be Merciful and kind to him.' And one is regarded in prayer as long as one is waiting for the prayer."

We have nothing except the Book of Allah and this written paper from the Prophet (wherein is written:) Medina is a sanctuary from the 'Air Mountain to such and such a place, and whoever innovates in it an heresy or commits a sin, or gives shelter to such an innovator in it will incur the curse of Allah, the angels, and all the people, none of his compulsory or optional good deeds of worship will be accepted. And the asylum (of protection) granted by any Muslim is to be secured (respected) by all the other Muslims; and whoever betrays a Muslim in this respect incurs the curse of Allah, the angels, and all the people, and none of his compulsory or optional good deeds of worship will be accepted, and whoever (freed slave) befriends (take as masters) other than his manumitters without their permission incurs the curse of Allah, the angels, and all the people, and none of his compulsory or optional good deeds of worship will be accepted.

An-Nu`man or the son of An-Nu`man was brought to the Prophet on a charge of drunkenness. So the Prophet ordered all the men present in the house, to beat him. So all of them beat him, and I was also one of them who beat him with shoes.

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

Yahya related to me from Malik from Nafi', the mawla of Abdullah ibn Umar, that Umar ibn al-Khattab wrote to his governors saying, "The most important of your affairs in my view is the prayer. Whoever protects it and observes it carefully is protecting his deen, while whoever is negligent about it will be even more negligent about other things." Then he added, "Pray dhuhr any time from when the afternoon shade is the length of your forearm until the length of your shadow matches your height. Pray asr when the sun is still pure white, so that a rider can travel two or three farsakhs before the sun sets. Pray maghrib when the sun has set. Pray isha any time from when the redness in the western sky has disappeared until a third of the night has passed - and a person who sleeps, may he have no rest, a person who sleeps, may he have no rest. And pray subh when all the stars are visible and like a haze in the sky."

`Abdul-Malik bin Marwan wrote to Al-Hajjaj that he should follow `Abdullah bin `Umar in all the ceremonies of Hajj. So when it was the Day of `Arafat (9th of Dhul-Hijja), and after the sun has deviated or has declined from the middle of the sky, I and Ibn `Umar came and he shouted near the cotton (cloth) tent of Al-Hajjaj, "Where is he?" Al-Hajjaj came out. Ibn `Umar said, "Let us proceed (to `Arafat)." Al-Hajjaj asked, "Just now?" Ibn `Umar replied, "Yes." Al-Hajjaj said, "Wait for me till I pour water on me (i.e. take a bath)." So, Ibn `Umar dismounted (and waited) till Al-Hajjaj came out. He was walking between me and my father. I informed Al-Hajjaj, "If you want to follow the Sunna today, then you should shorten the sermon and then hurry up for the stay (at `Arafat)." Ibn `Umar said, "He (Salim) has spoken the truth."

Some of the companions of the Prophet went on a journey till they reached some of the 'Arab tribes (at night). They asked the latter to treat them as their guests but they refused. The chief of that tribe was then bitten by a snake (or stung by a scorpion) and they tried their best to cure him but in vain. Some of them said (to the others), "Nothing has benefited him, will you go to the people who resided here at night, it may be that some of them might possess something (as treatment)," They went to the group of the companions (of the Prophet ) and said, "Our chief has been bitten by a snake (or stung by a scorpion) and we have tried everything but he has not benefited. Have you got anything (useful)?" One of them replied, "Yes, by Allah! I can recite a Ruqya, but as you have refused to accept us as your guests, I will not recite the Ruqya for you unless you fix for us some wages for it." They agrees to pay them a flock of sheep. One of them then went and recited (Surat-ul-Fatiha): 'All the praises are for the Lord of the Worlds' and puffed over the chief who became all right as if he was released from a chain, and got up and started walking, showing no signs of sickness. They paid them what they agreed to pay. Some of them (i.e. the companions) then suggested to divide their earnings among themselves, but the one who performed the recitation said, "Do not divide them till we go to the Prophet and narrate the whole story to him, and wait for his order." So, they went to Allah's Apostle and narrated the story. Allah's Apostle asked, "How did you come to know that Suratul- Fatiha was recited as Ruqya?" Then he added, "You have done the right thing. Divide (what you have earned) and assign a share for me as well." The Prophet smiled thereupon.

Allah's Apostle said, "The key of the Unseen are five: Verily with Allah (Alone) is the knowledge of the Hour He sends down the rain and knows what is in the wombs. No soul knows what it will earn tomorrow, and no soul knows in what land it will die. Verily, Allah is All-Knower, All-Aware." (31.34)

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.

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."

`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."

The Prophet said, "Whoever established prayers on the night of Qadr out of sincere faith and hoping for a reward from Allah, then all his previous sins will be forgiven; and whoever fasts in the month of Ramadan out of sincere faith, and hoping for a reward from Allah, then all his previous sins will be forgiven."

The Prophet said, "The poor person is not the one for whom a date or two or a morsel or two (of food is sufficient but the poor person is he who does not (beg or) ask the people (for something) or show his poverty at all. Recite if you wish, (Allah's Statement): "They do not beg of people at all." (2.273)

I said to `Aisha, "O Mother! Did Prophet Muhammad see his Lord?" Aisha said, "What you have said makes my hair stand on end ! Know that if somebody tells you one of the following three things, he is a liar: Whoever tells you that Muhammad saw his Lord, is a liar." Then Aisha recited the Verse: 'No vision can grasp Him, but His grasp is over all vision. He is the Most Courteous Well-Acquainted with all things.' (6.103) 'It is not fitting for a human being that Allah should speak to him except by inspiration or from behind a veil.' (42.51) `Aisha further said, "And whoever tells you that the Prophet knows what is going to happen tomorrow, is a liar." She then recited: 'No soul can know what it will earn tomorrow.' (31.34) She added: "And whoever tell you that he concealed (some of Allah's orders), is a liar." Then she recited: 'O Apostle! Proclaim (the Message) which has been sent down to you from your Lord..' (5.67) `Aisha added. "But the Prophet saw Gabriel in his true form twice."

We did not, write anything from the Prophet except the Qur'an and what is written in this paper, (wherein) the Prophet said, "Medina is a sanctuary from (the mountain of) Air to so and-so, therefore, whoever innovates (in it) an heresy or commits a sin, 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 of worship will be accepted 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 his compulsory and optional good deeds of worship will not be accepted. And any freed slave will take as masters (befriends) people other than his own real masters who freed him without taking the permission of the latter, will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted."

The Prophet (saws) said: A menstruating woman and the one who delivered a child should take a bath, put on ihram and perform all the rites of hajj except circumambulation of the House (Ka'bah) when they came to the place of wearing ihram.

Abu Ma'mar said in his version: "till she is purified". The narrator Ibn Isa did not mention the names of Ikrimah and Mujahid, but he said: from Ata on the authority of Ibn Abbas. Ibn Isa also did not mention the word "all (rites of hajj)." He said in his version: All the rites of hajj except circumambulation of the House (the Ka'bah).

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."

The Prophet said, "Whoever fasted the month of Ramadan out of sincere Faith (i.e. belief) and hoping for a reward from Allah, then all his past sins will be forgiven, and whoever stood for the prayers in the night of Qadr out of sincere Faith and hoping for a reward from Allah, then all his previous sins will be forgiven ."

The Messenger of Allah (saws) liked to begin with the right side as far as possible in all conditions: in his purification, and combing. The narrator Muslim added: "in using tooth-stick," and he did not mention "in all his conditions".

Abu Dawud said: Shu'bah transmitted it from Mu'adh, but did not mention "his tooth-stick."

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.

"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."

The Messenger of Allah (saws) said: An oath or a vow about something over which a human being has no control, and to disobey Allah, and to break ties of relationship is not binding. If anyone takes an oath and then considers something else better than it, he should give it up, and do what is better, for leaving it is its atonement.

Abu Dawud said: All sound traditions from the Prophet (saws) say: "He should make atonement for his oath," except those versions which are not reliable.

Abu Dawud said: I said to Ahmad: Yahya b. Sa'id (al-Qattan) has transmitted this tradition from Yahya b. 'Ubaid Allah. He (Ahmad b. Hanbal) said: But he gave it up after that, and he was competent for doing it. Ahmad said: His (Yahya b. 'Ubaid Allah's) tradition are munkar (rejected) and his father is not known.

Marwan said to his gatekeeper, "Go to Ibn `Abbas, O Rafi`, and say, 'If everybody who rejoices in what he has done, and likes to be praised for what he has not done, will be punished, then all of us will be punished." Ibn `Abbas said, "What connection have you with this case? It was only that the Prophet called the Jews and asked them about something, and they hid the truth and told him something else, and showed him that they deserved praise for the favor of telling him the answer to his question, and they became happy with what they had concealed. Then Ibn `Abbas recited:-- "(And remember) when Allah took a Covenant from those who were given the Scripture..and those who rejoice in what they have done and love to be praised for what they have not done.' " (3.187-188)

Humaid bin `Abdur-Rahman bin `Auf narrated that Marwan had told him (the above narration).

Allah, the brother of Abu Al-Qu'ais asked my permission to enter after the verses of Al-Hijab (veiling the ladies) was revealed, and I said, "By Allah, I will not admit him unless I take permission of Allah's Apostle for it was not the brother of Al-Qu'ais who had suckled me, but it was the wife of Al-Qu'ais, who had suckled me." Then Allah's Apostle entered upon me, and I said, "O Allah's Apostle! The man has not nursed me but his wife has nursed me." He said, "Admit him because he is your uncle (not from blood relation, but because you have been nursed by his wife), Taribat Yaminuki." `Urwa said, "Because of this reason, ' Aisha used to say: Foster suckling relations render all those things (marriages etc.) illegal which are illegal because of the corresponding blood relations." (See Hadith No. 36, Vol. 7)

Ibn Bashshar said in his version: Allah is above the throne, and the throne is above the heavens. He then mentioned the rest of the tradition. ‘Abd al-A’la, Ibn al- Muthana and Ibn Bashshar transmitted it from Ya’qub b. ‘Utbah and Jubair b. Muhammad b. Jubair from his father on the authority of his grandfather.

Abu Dawud said: This tradition with the chain of Ahmad b. Sa’ad is sound. It has been approved by the body (of traditionists) , which includes Yahya b. Ma’in and ‘Ali b. al-Madani, and a group has transmitted it from Ibn Ishaq, as Ahmad also said. And so far as I have been informed ‘Abd al-A’la, Ibn al-Muthanna, and Ibn Bashshar had heard from the same copy(of the collection of tradition).

Allah's Apostle said, "The believers will be assembled on the Day of Resurrection and they will say, 'Let us look for someone to intercede for us with our Lord so that He may relieve us from this place of ours.' So they will go to Adam and say, 'You are Adam, the father of mankind, and Allah created you with His Own Hands and ordered the Angels to prostrate before you, and He taught you the names of all things; so please intercede for us with our Lord so that He may relieve us.' Adam will say, to them, 'I am not fit for that,' and then he will mention to them his mistake which he has committed.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "No-one should leave the hajj until he has done tawaf of the House, and tawaf of the House is the final rite."

Malik said, commenting about Umar ibn al-Khattab's saying 'tawaf of the House is the final rite,' "In our opinion, and Allah knows best, that is because Allah, the Blessed and Exalted, says, 'Whoever exalts the rituals of Allah - that is from the taqwa of the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place (of sacrifice) is at the Ancient House,' and the place of all the rituals and where they end is therefore at the Ancient House."

The Prophet (saws) said: It is not permissible for a man who believes in Allah and in the Last Day that he should say the prayer while he is feeling the call of nature until he becomes light (by relieving himself).

Then the narrator Thawr b. Yazid transmitted a similar tradition with the following wordings: "It is not permissible for a man who believes in Allah and in the Last Day that he should lead the people in prayer but with their permission; and that he should not supplicate to Allah exclusively for himself leaving all others. If he did so, he violated trust."

Abu Dawud said: This is a tradition reported by the narrators of Syria; no other person has joined them in relating this tradition.

We were afflicted with hunger during the besiege of Khaibar, and when it was the day of (the battle of) Khaibar, we slaughtered the donkeys and when the pots got boiling (with their meat). Allah's Apostle made an announcement that all the pots should be upset and that nobody should eat anything of the meat of the donkeys. We thought that the Prophet prohibited that because the Khumus had not been taken out of the booty (i.e. donkeys); other people said, "He prohibited eating them for ever." The sub-narrator added, "I asked Sa`id bin Jubair who said, 'He has made the eating of donkeys' meat illegal for ever.")

The Prophet asked me at sunset, "Do you know where the sun goes (at the time of sunset)?" I replied, "Allah and His Apostle know better." He said, "It goes (i.e. travels) till it prostrates Itself underneath the Throne and takes the permission to rise again, and it is permitted and then (a time will come when) it will be about to prostrate itself but its prostration will not be accepted, and it will ask permission to go on its course but it will not be permitted, but it will be ordered to return whence it has come and so it will rise in the west. And that is the interpretation of the Statement of Allah: "And the sun Runs its fixed course For a term (decreed). that is The Decree of (Allah) The Exalted in Might, The All- Knowing." (36.38)

The Prophet burnt the date-palm trees of Bani An-Nadir. Hassan bin Thabit said the following poetic Verses about this event:-- "the terrible burning of Al-Buwaira Has been received indifferently By the nobles of Bani Luai (The masters and nobles of Quraish)." Abu Sufyan bin Al-Harith (i.e. the Prophet's cousin who was still a disbeliever then) replied to Hassan, saying in poetic verses:-- "May Allah bless that burning And set all its (i.e. Medina's) Parts on burning fire. You will see who is far from it (i.e. Al-Buwaira) And which of our lands will be Harmed by it (i.e. the burning of Al- Buwaira).

Allah's Apostle entered upon me and said, "Have I not been informed that you offer prayer all the night and fast the whole day?" I said, "Yes." He said, "Do not do so; Offer prayer at night and also sleep; Fast for a few days and give up fasting for a few days because your body has a right on you, and your eye has a right on you, and your guest has a right on you, and your wife has a right on you. I hope that you will have a long life, and it is sufficient for you to fast for three days a month as the reward of a good deed, is multiplied ten times, that means, as if you fasted the whole year." I insisted (on fasting more) so I was given a hard instruction. I said, "I can do more than that (fasting)" The Prophet said, "Fast three days every week." But as I insisted (on fasting more) so I was burdened. I said, "I can fast more than that." The Prophet said, "Fast as Allah's prophet David used to fast." I said, "How was the fasting of the prophet David?" The Prophet said, "One half of a year (i.e. he used to fast on alternate days). '

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab killed five or seven people for one man whom they had killed secretly by trickery. Umar said, "Had all the people of Sana joined forces against him, I would have killed them all."

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one calls to guidance without having the same reward as those who follow him without diminishing their rewards at all. And no one calls to error without having the same burdens as they do without diminishing their burdens at all."