Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a man from the Aslam tribe came to Abu Bakr as-Siddiq and said to him, "I have committed adultery." Abu Bakr said to him, "Have you mentioned this to anyone else?" He said, "No." Abu Bakr said to him, "Then cover it up with the veil of Allah. Allah accepts tawba from his slaves." His self was still unsettled, so he went to Umar ibn al- Khattab. He told him the same as he had said to Abu Bakr, and Umar told him the same as Abu Bakr had said to him. His self was still not settled so he went to the Messenger of Allah, may Allah bless him and grant him peace, and said to him, "I have committed adultery," insistently. The Messenger of Allah, may Allah bless him and grant him peace, turned away from him three times. Each time the Messenger of Allah, may Allah bless him and grant him peace, turned away from him until it became too much. The Messenger of Allah, may Allah bless him and grant him peace, questioned his family, "Does he have an illness which affects his mind, or is he mad?" They said, "Messenger of Allah, by Allah, he is well." The Messenger of Allah, may Allah bless him and grant him peace, said, "Unmarried or married?" They said, "Married, Messenger of Allah." The Messenger of Allah, may Allah bless him and grant him peace, gave the order and he was stoned.

Zurarah ibn Awfa said that Aisha was asked about the midnight prayer of the Messenger of Allah (saws).

She said: He used to offer his night prayer in congregation and then return to his family (in his house) and pray four rak'ahs. Then he would go to his bed and sleep, but the water for his ablution was placed covered near his head and his tooth-stick was also kept there until Allah awakened him at night.

He then used the tooth-stick, performed ablution perfectly then came to the place of prayer and would pray eight rak'ahs, in which he would recite Surah al-Fatihah, and a surah from the Qur'an as Allah willed. He would not sit during any of them but sit after the eighth rak'ah, and would not utter the salutation, but recite (the Qur'an) during the ninth rak'ah. Then he would sit and supplicate as long as Allah willed, and beg Him and devote his attention to Him; He would utter the salutation once in such a loud voice that the inmates of the house were almost awakened by his loud salutation. He would then recite Surah al-Fatihah while sitting, bow while sitting, and then recite the Qur'an during the second rak'ah, and would bow and prostrate while sitting. He would supplicate Allah as long as He willed, then utter the salutation and turn away.

This amount of prayer of the Messenger of Allah (saws) continued till he put a weight. During that period he retrenched two rak'ahs from nine and began to pray six and seven rak'ahs standing and two rak'ahs sitting. This continued till he died.

The Messenger of Allah (saws) called me. He intended to send me with some goods to AbuSufyan to distribute among the Quraysh at Mecca after the conquest.

He said: Search for a companion. Then Amr ibn Umayyah ad-Damri came to me and said: I have been told that you are intending to make a journey and are seeking a companion.

I said: Yes. He said: I am your companion. I then went to the Messenger of Allah (saws) and said: I have found a companion.

He asked: Who is he? I replied: Amr ibn Umayyah ad-Damri. He said: When you come down to the territory of his people, be careful of him, for a maxim says: If one is your real brother, do not feel safe with him.

So we proceeded, and when I reached al-Abwa', he said to me: I have some work with my people at Waddan, so stay here till I come back. I said: Do not lose your way. When he turned his back, I recalled the words of the Prophet (saws). So I rode my camel and galloped without stopping. When I reached al-Asafir, he was pursuing me with a group of men. So I galloped and forged ahead of him. When he saw me that I had outstripped him, they returned and he came to me.

He said to me: I had some work with my people. I said: Yes. We then went on until we reached Mecca, and I gave the goods to AbuSufyan.

The Prophet said, "On the day of Resurrection Allah will say, 'O Adam!' Adam will reply, 'Labbaik our Lord, and Sa`daik ' Then there will be a loud call (saying), Allah orders you to take from among your offspring a mission for the (Hell) Fire.' Adam will say, 'O Lord! Who are the mission for the (Hell) Fire?' Allah will say, 'Out of each thousand, take out 999.' At that time every pregnant female shall drop her load (have a miscarriage) and a child will have grey hair. And you shall see mankind as in a drunken state, yet not drunk, but severe will be the torment of Allah." (22.2) (When the Prophet mentioned this), the people were so distressed (and afraid) that their faces got changed (in color) whereupon the Prophet said, "From Gog and Magog nine-hundred ninety-nine will be taken out and one from you. You Muslims (compared to the large number of other people) will be like a black hair on the side of a white ox, or a white hair on the side of a black ox, and I hope that you will be onefourth of the people of Paradise." On that, we said, "Allahu-Akbar!" Then he said, "I hope that you will be) one-third of the people of Paradise." We again said, "Allahu-Akbar!" Then he said, "(I hope that you will be) one-half of the people of Paradise." So we said, Allahu Akbar."

I saw Abu Dhar wearing a Burd (garment) and his slave too was wearing a Burd, so I said (to Abu Dhar), "If you take this (Burda of your slave) and wear it (along with yours), you will have a nice suit (costume) and you may give him another garment." Abu Dhar said, "There was a quarrel between me and another man whose mother was a non-Arab and I called her bad names. The man mentioned (complained about) me to the Prophet. The Prophet said, "Did you abuse so-and-so?" I said, "Yes" He said, "Did you call his mother bad names?" I said, "Yes". He said, "You still have the traits of (the Pre-lslamic period of) ignorance." I said. "(Do I still have ignorance) even now in my old age?" He said, "Yes, they (slaves or servants) are your brothers, and Allah has put them under your command. So the one under whose hand Allah has put his brother, should feed him of what he eats, and give him dresses of what he wears, and should not ask him to do a thing beyond his capacity. And if at all he asks him to do a hard task, he should help him therein."

The Prophet established a bond of brotherhood between Salman and Abu Darda'. Salman paid a visit to Abu ad-Darda and found Um Ad-Darda' dressed in shabby clothes and asked her why she was in that state.?" She replied, "Your brother, Abu Ad-Darda is not interested in the luxuries of this world." In the meantime Abu Ad-Darda came and prepared a meal for him (Salman), and said to him, "(Please) eat for I am fasting." Salman said, "I am not going to eat, unless you eat." So Abu Ad-Darda' ate. When it was night, Abu Ad-Darda' got up (for the night prayer). Salman said (to him), "Sleep," and he slept. Again Abu- Ad-Darda' got up (for the prayer), and Salman said (to him), "Sleep." When it was the last part of the night, Salman said to him, "Get up now (for the prayer)." So both of them offered their prayers and Salman said to Abu Ad-Darda',"Your Lord has a right on you; and your soul has a right on you; and your family has a right on you; so you should give the rights of all those who have a right on you). Later on Abu Ad-Darda' visited the Prophet and mentioned that to him. The Prophet, said, "Salman has spoken the truth."

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

A Jewess came to ask `Aisha (the wife of the Prophet) about something. She said to her, "May Allah give you refuge from the punishment of the grave." So `Aisha ' asked Allah's Apostle "Would the people be punished in their graves?" Allah's Apostle after seeking refuge with Allah from the punishment of the grave (and thus replied in the affirmative). Then one day, Allah's Apostle rode to go to some place but the sun eclipsed. He returned in the forenoon and passed through the rear of the dwellings (of his wives) and stood for the (eclipse) prayer, and the people stood behind him. He stood up for a long period and then performed a prolonged bowing which was shorter than the first bowing. Then he raised his head and prostrated. Then he stood up (for the second rak`a) for a long while but the standing was shorter than that of the first rak`a. Then he performed a prolonged bowing which was shorter than the first one. Then he raised his head and prostrated. Then he stood up for a long time but shorter than the first. Then he performed a prolonged bowing but shorter than the first. Then he raised his head and prostrated and finished the prayer and (then delivered the sermon and) said as much as Allah wished. And then he ordered the people to seek refuge with Allah from the punishment of the grave.

A Jewess came to `Aisha to ask her about something and then she said, "May Allah give you refuge from the punishment of the grave." So `Aisha asked Allah's Apostle, "Would the people be punished in their graves?" Allah's Apostle asked Allah's refuge from the punishment of the grave (indicating an affirmative reply). Then one day Allah's Apostle rode (to leave for some place) but the sun eclipsed. He returned on the forenoon and passed through the rear of the dwellings (of his wives) and stood up and started offering the (eclipse) prayer and the people stood behind him. He stood for a long period and then performed a long bowing and then stood straight for a long period which was shorter than that of the first standing, then he performed a prolonged bowing which was shorter than the first bowing, then he raised his head and prostrated for a long time and then stood up (for the second rak`a) for a long while, but the standing was shorter than the standing of the first rak`a. Then he performed a prolonged bowing which was shorter than that of the first one. He then stood up for a long time but shorter than the first, then again performed a long bowing which was shorter than the first and then prostrated for a shorter while than that of the first prostration. Then he finished the prayer and delivered the sermon and) said what Allah wished; and ordered the people to seek refuge with Allah from the punishment of the grave.

`Utba bin Abu Waqqas took a firm promise from his brother Sa`d bin Abu Waqqas to take the son of the slave-girl of Zam`a into his custody as he was his (i.e. `Utba's) son. In the year of the Conquest (of Mecca) Sa`d bin Abu Waqqas took him, and said that he was his brother's son, and his brother took a promise from him to that effect. 'Abu bin Zam`a got up and said, "He is my brother and the son of the slave-girl of my father and was born on my father's bed." Then they both went to the Prophet Sa`d said, "O Allah's Apostle! He is the son of my brother and he has taken a promise from me that I will take him." 'Abu bin Zam`a said, "(He is) my brother and the son of my father's slave-girl and was born on my father's bed." Allah's Apostle said, "The boy is for you. O 'Abu bin Zam`a." Then the Prophet said, "The son is for the bed (i.e. the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse." The Prophet told his wife Sauda bint Zam`a to screen herself from that boy as he noticed a similarity between the boy and `Utba. So, the boy did not see her till he died.

Yahya related to me from Malik that Yahya ibn Said said that Muhammad ibn Ibrahim at-Taymi had informed him that Abu Salama ibn Abd ar-Rahman said "Abd ar-Rahman ibn al-Aswad ibn Abdal-Yaghuth used to sit with us and he had a white beard and hair. One day he came to us and he had dyed them red, and the people said to him, 'This is better.' He said. 'A'isha the wife of the Prophet, may Allah bless him and grant him peace, sent her slave girl Nukhayla to me yesterday. She swore that my hair would be dyed and she informed me that Abu Bakr as- Siddiq used to dye his hair.' "

Yahya said that he heard Malik say about dyeing the hair black, 'I have not heard anything certain on that, and other colours than that are preferable to me."

Yahya said, "Not to dye at all is permitted, Allah willing, and there is no constraint on people concerning it."

Yahya said that he had heard Malik say, "There is no clear indication in this hadith that the Messenger of Allah, may Allah bless him and grant him peace, did not dye his hair. Had the Messenger of Allah, may Allah bless him and grant him peace, dyed his hair, A'isha would have sent a message to that effect to Abd ar-Rahman ibn al-Aswad."

I was with Ali (may Allah be pleased with him) when the Messenger of Allah (saws) appointed him to be the governor of the Yemen. I collected some ounces of gold during my stay with him.

When Ali returned from the Yemen to the Messenger of Allah (saws) he said: I found that Fatimah had put on coloured clothes and the smell of the perfume she had used was pervading the house. (He expressed his amazement at the use of coloured clothes and perfume.)

She said: What is wrong with you? The Messenger of Allah (saws) has ordered his companions to put off their ihram and they did so.

Ali said: I said to her: I raised my voice in talbiyah for which the Prophet (saws) raised his voice (i.e. I wore ihram for qiran). Then I came to the Prophet (saws).

He asked (me): How did you do? I replied: I raised my voice in talbiyah, for which the Prophet (saws) raised his voice. He said: I have brought the sacrificial animals with me and combined umrah and hajj. He said to me: Sacrifice sixty-seven or sixty-six camels (for me) and withhold for yourself thirty-three or thirty-four, and withhold a piece (of flesh) for me from every camel.

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).

Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

Yahya related to me from Malik that Zayd ibn Aslam said, "The Messenger of Allah, may Allah bless him and grant him peace, stopped for a rest one night on the way to Makka and appointed Bilal to wake them up for the prayer. Bilal slept and everyone else slept and none of them woke up until the sun had risen. When they did wake up they were all alarmed. The Messenger of Allah, may Allah bless him and grant him peace, ordered them to ride out of the valley, saying that there was a shaytan in it. So they rode out of the valley and the Messenger of Allah, may Allah bless him and grant him peace, ordered them to dismount and do wudu and he told Bilal either to call the prayer or to give the iqama. The Messenger of Allah, may Allah bless him and grant him peace, then led them in the prayer. Noticing their uneasiness, he went to them and said, 'O people! Allah seized our spirits (arwah) and if He had wished He would have returned them to us at a time other than this. So if you sleep through the time for a prayer or forget it and then are anxious about it, pray it as if you were praying it in its time.' The Messenger of Allah, may Allah bless him and grant him peace, turned to Abu Bakr and said, 'Shaytan came to Bilal when he was standing in prayer and made him lie down and lulled him to sleep like a small boy.' The Messenger of Allah, may Allah bless him and grant him peace, then called Bilal and told him the same as he had told Abu Bakr. Abu Bakr declared, 'I bear witness that you are the Messenger of Allah.' "

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

Malik related to me from Rabia ibn Abi Abd ar-Rahman from another of the ulama of that time that Abu Musa al-Ashari came and asked permission from Umar ibn al-Khattab to enter. He asked permission three times, and then went away Umar ibn al-Khattab sent after him and said, "What's wrong with you? Why didn't you come in?" Abu Musa said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Ask permission to enter three times. If you are given permission, then enter. If not, go away.' ''Umar said, "Who can confirm this? If you do not bring me someone to confirm it, I will do such-and-such to you."

Abu Musa went out until he came to an assembly in the mosque which was called the Majlis-al-Ansar. He said, "I told Umar ibn al-Khattab that I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Ask permission three times. If you are given permission, then enter. If not, go away.' Umar said, 'If you do not bring me someone who can confirm it, I will do such- and-such to you'. If any of you have heard that, let him come with me.' " They said to Abu Said al-Khudri, "Go with him". Abu Said was the youngest of them. He went with him and told Umar ibn al-Khattab about that."

Umar ibn al-Khattab said to Abu Musa, "I did not suspect you, but I feared lest people forge sayings of the Messenger of Allah, may Allah bless him and grant him peace."

AbulJawza' said: A man who attended the company of the Prophet (saws) narrated to me (it is thought that he was Abdullah ibn Amr): The Prophet (saws) said to me: Come to me tomorrow; I shall give you something, I shall give you something, I shall reward you something, I shall donate something to you. I thought that he would give me some present.

He said (to me when I came to him): When the day declines, stand up and pray four rak'ahs. He then narrated something similar.

This version adds: Do not stand until you glorify Allah ten times, and praise Him ten times, and exalt Him ten times, and say, "There is no god but Allah" ten times. Then you should do that in four rak'ahs. If you are the greatest sinner on earth, you will be forgiven (by Allah) on account of this (prayer).

I asked: If I cannot pray this the appointed hour, (what should I do)? He replied: Pray that by night or by day (at any time).

Abu Dawud said: Habban b. Hilal is the maternal uncle of Hilal al-Ra'i.

Abu Dawud said: This tradition has been narrated by al-Mustamir b. al-Riyyan from Ibn al-Jawza' from 'Abd Allah b. 'Amr without referring to the Prophet (saws), - narrated as a statement of 'Abd Allah b. 'Amr himself (mauquf). This has also been narrated by Rawh b. al-Musayyab, and Ja'far b. Sulaiman from 'Amr b. Malik al-Nakri from Abu al-Jauza' from Ibn 'Abbas as his own statement (and not the statement of the Prophet). But the version of Rawh has the words: "The tradition of the Prophet (saws)."

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

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).

Allah's Apostle said to Abu Talha, "Seek one of your boys to serve me." Abu Talha mounted me behind him (on his riding animal) and took me (to the Prophet ). So I used to serve Allah's Apostle whenever he dismounted (to stay somewhere). I used to hear him saying very often, "O Allah! I seek refuge with You from, having worries sadness, helplessness, laziness, miserliness, cowardice, from being heavily in debt and from being overpowered by other persons unjustly." I kept on serving till we -returned from the battle of Khaibar. The Prophet then brought Safiyya bint Huyai whom he had won from the war booty. I saw him folding up a gown or a garment for her to sit on behind him (on his shecamel). When he reached As-Sahba', he prepared Hais and placed it on a dining sheet. Then he sent me to invite men, who (came and) ate; and that was his and Safiyya's wedding banquet. Then the Prophet proceeded, and when he saw (noticed) the mountain of Uhud, he said, "This mountain loves us, and we love it." When we approached Medina, he said, "O Allah! I make the area between its two mountains a sanctuary as Abraham has made Mecca a sanctuary. O Allah! Bless their Mudd and Sa (special kinds of measure).

The Prophet said, "Allah will say, 'O Adam!. Adam will reply, 'Labbaik and Sa`daik (I respond to Your Calls, I am obedient to Your orders), wal Khair fi Yadaik (and all the good is in Your Hands)!' Then Allah will say (to Adam), Bring out the people of the Fire.' Adam will say, 'What (how many) are the people of the Fire?' Allah will say, 'Out of every thousand (take out) nine hundred and ninety-nine (persons).' At that time children will become hoary-headed and every pregnant female will drop her load (have an abortion) and you will see the people as if they were drunk, yet not drunk; But Allah's punishment will be very severe." That news distressed the companions of the Prophet too much, and they said, "O Allah's Apostle! Who amongst us will be that man (the lucky one out of one-thousand who will be saved from the Fire)?" He said, "Have the good news that one-thousand will be from Gog and Magog, and the one (to be saved will be) from you." The Prophet added, "By Him in Whose Hand my soul is, I Hope that you (Muslims) will be one third of the people of Paradise." On that, we glorified and praised Allah and said, "Allahu Akbar." The Prophet then said, "By Him in Whose Hand my soul is, I hope that you will be one half of the people of Paradise, as your (Muslims) example in comparison to the other people (non-Muslims), is like that of a white hair on the skin of a black ox, or a round hairless spot on the foreleg of a donkey."

The Prophet made a bond of brotherhood between Salman and Abu Ad-Darda.' Salman paid a visit to Abu Ad-Darda' and found Um Ad-Darda' dressed in shabby clothes and asked her why she was in that state. She replied, "Your brother Abu Ad-Darda' is not interested in (the luxuries of) this world." In the meantime Abu Ad-Darda' came and prepared a meal for Salman. Salman requested Abu Ad- Darda' to eat (with him), but Abu Ad-Darda' said, "I am fasting." Salman said, "I am not going to eat unless you eat." So, Abu Ad-Darda' ate (with Salman). When it was night and (a part of the night passed), Abu Ad-Darda' got up (to offer the night prayer), but Salman told him to sleep and Abu Ad- Darda' slept. After sometime Abu Ad-Darda' again got up but Salman told him to sleep. When it was the last hours of the night, Salman told him to get up then, and both of them offered the prayer. Salman told Abu Ad-Darda', "Your Lord has a right on you, your soul has a right on you, and your family has a right on you; so you should give the rights of all those who has a right on you." Abu Ad- Darda' came to the Prophet and narrated the whole story. The Prophet said, "Salman has spoken the truth."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Yahya related to me from Malik from Abu Hazim Salama ibn Dinar from Sahl ibn Said as-Saidi that the Messenger of Allah, may Allah bless him and grant him peace, went to the tribe of Bani Amr ibn Awf to settle their disputes .The time for the prayer came and the muadhdhin came to Abu Bakr as-Siddiq and said, "Could you lead the people in prayer and I will say the iqama?" He said, "Yes," and Abu Bakr prayed. The Messenger of Allah, may Allah bless him and grant him peace, came back while the people were praying, and approached and joined the row. People clapped, but Abu Bakr did not turn round. The people increased their clapping, and Abu Bakr turned round and saw the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, indicated to him to stay in his place. Abu Bakr raised his hands and praised Allah that the Messenger of Allah, may Allah bless him and grant him peace, had told him to do that. Then he drew back until he was in the row, and the Messenger of Allah, may Allah bless him and grant him peace, stepped forward and led the prayer. When he had finished he said, "Abu Bakr, what stopped you from staying put like I told you?" Abu Bakr said, "It is not for Ibn Abi Quhafa to pray in front of the Messenger of Allah, may Allah bless him and grant him peace."

The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did I see you all clapping so much? If something happens to you in the prayer you should say 'Subhana-llah' (Glory be to Allah), and when you say 'Subhana-llah' you will be heard. Clapping is only for women."

It was narrated from Qais or Ibn Qais, a man from Ju`fi, from `Umar bin al-Khattab and he mentioned a Hadeeth similar to that of Affan.

That when they reached Medina after returning from Yazid bin Mu'awaiya after the martyrdom of Husain bin `Ali (may Allah bestow His Mercy upon him), Al-Miswar bin Makhrama met him and said to him, "Do you have any need you may order me to satisfy?" `Ali said, "No." Al-Miswar said, Will you give me the sword of Allah's Apostle for I am afraid that people may take it from you by force? By Allah, if you give it to me, they will never be able to take it till I die." When `Ali bin Abu Talib demanded the hand of the daughter of Abi Jahal to be his wife besides Fatima, I heard Allah's Apostle on his pulpit delivering a sermon in this connection before the people, and I had then attained my age of puberty. Allah's Apostle said, "Fatima is from me, and I am afraid she will be subjected to trials in her religion (because of jealousy)." The Prophet then mentioned one of his son-in-law who was from the tribe of 'Abu Shams, and he praised him as a good son-in-law, saying, "Whatever he said was the truth, and he promised me and fulfilled his promise. I do not make a legal thing illegal, nor do I make an illegal thing legal, but by Allah, the daughter of Allah's Apostle and the daughter of the enemy of Allah, (i.e. Abu Jahl) can never get together (as the wives of one man) (See Hadith No. 76, Vo. 5).

Yahya related to me from Malik from Hisham ibn Urwa that his father would never do two sets of seven tawafs together without praying between them. After every seven tawafs he would pray two rakas, sometimes at the maqam of Ibrahim, and sometimes elsewhere.

Malik was asked whether a man doing voluntary tawaf could, to make it easier on himself, join two or more sets of seven circuits and then pray whatever he owed for those sets of seven, and he said, "He should not do that. The sunna is that he does two rakasafter every seven circuits."

Malik said, about someone who began doing tawaf and then forgot how many he had done and did eightor nine circuits, "He should stop when he knows that he has done more than the right number and then pray two rakas,and he should not count the ones that he has done in excess. Neither should he build on the nine that he has done and then pray the rakas for the two sets of seven circuits together, because the sunna is that you pray two rakas after every seven circuits."

Malik said that someone who was in doubt about his tawaf after he had prayed the two rakas of tawaf should go back and complete his tawaf until he was certain of how much he had done. He should then repeat the two rakas, because prayer when doing tawaf was only valid after completing seven circuits.

"If some one breaks his wudu either while he is doing tawaf, or when he has finished tawaf but before he has prayed the two rakas of tawaf, he should do wudu and begin the tawaf and the two rakas afresh. Breaking wudu does not interrupt say between Safa and Marwa, but a person should not begin say unless he is pure by being in wudu."