Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."

Yahya related to me from Malik from Yazid ibn Abdullah ibn al- Hadi from Muhammad ibn Ibrahim al-Harith at-Taymi from Abu Salama ibn Abd ar-Rahman that Abu Said al-Khudri said, "The Messenger of Allah, may Allah bless him and grant him peace, used to do itikaf in the middle ten days of Ramadan. One year he was doing itikaf and then, when it came to the night of the twenty-first, which was the night before the morning when he would normally have finished his itikaf, he said, 'Whoever has done i'tikaf with me should continue doing itikaf for the last ten days. I saw a certain night and then I was made to forget it. I saw myself prostrating the following morning in water and clay. Look for it in the last ten days, and look for it on the odd days.' "

Abu Said continued, "The sky poured with rain that night and the mosque had a roof (made of palm fronds) and the mosque was soaked. With my own eyes I saw the Messenger of Allah, may Allah bless him and grant him peace, leave with traces of water and clay on his forehead and nose, in the morning after the night of the twenty- first."

The Prophet said, "The people will be gathered in three ways: (The first way will be of) those who will wish or have a hope (for Paradise) and will have a fear (of punishment), (The second batch will be those who will gather) riding two on a camel or three on a camel or ten on a camel. (The third batch) the rest of the people will be urged to gather by the Fire which will accompany them at the time of their afternoon nap and stay with them where they will spend the night, and will be with them in the morning wherever they may be then, and will be with them in the afternoon wherever they may be then."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar would use the animal he was riding as a sutra when he prayed.

The Prophet used to sell the dates of the garden of Bani An-Nadir and store for his family so much food as would cover their needs for a whole year.

We used to pray the `Asr and after that if one of US went to Quba' he would arrive there while the sun was still high.

On the day of `Id-ul-Fitr and `Id-ul-Adha a spear used to be planted in front of the Prophet (as a Sutra for the prayer) and then he would pray.

The Prophet was asked about the offspring of pagans (Mushrikeen); so he said, "Allah knows what sort of deeds they would have done."

The Prophet (saws) would take a bath because of sexual defilement on Friday, after opening a vein and after washing a dead body.

The Prophet said, "Had only ten Jews (amongst their chiefs) believe me, all the Jews would definitely have believed me."

The Prophet (saws) said: Probably you will fight with a people, you will dominate them, and they will save themselves and their children by their property. The version of Sa'id has You will then conclude peace with them. The agreed version goes: Then do no take anything from them more than that, for it is not proper for you.

The Prophet said, "The best people are those of my generation, and then those who will come after them (the next generation), and then those who will come after them (i.e. the next generation), and then after them, there will come people whose witness will precede their oaths, and whose oaths will precede their witness."

That the Meccan people requested Allah's Apostle to show them a miracle, and so he showed them the splitting of the moon.

Hamnah said my menstruation was great in quantity and severe. So I came to the Messenger of Allah (saws) for a decision and told him. I found him in the house of my sister, Zaynab, daughter of Jahsh.

I said: Messenger of Allah, I am a woman who menstruates in great quantity and it is severe, so what do you think about it? It has prevented me from praying and fasting.

He said: I suggest that you should use cotton, for it absorbs the blood. She replied: It is too copious for that. He said: Then take a cloth. She replied: It is too copious for that, for my blood keeps flowing. The Messenger of Allah (saws) said: I shall give you two commands; whichever of them you follow, that will be sufficient for you without the other, but you know best whether you are strong enough to follow both of them.

He added: This is a stroke of the Devil, so observe your menses for six or seven days, Allah alone knows which it should be; then wash. And when you see that you are purified and quite clean, pray during twenty-three or twenty-four days and nights and fast, for that will be enough for you, and do so every month, just as women menstruate and are purified at the time of their menstruation and their purification.

But if you are strong enough to delay the noon (Zuhr) prayer and advance the afternoon ('Asr) prayer, to wash, and then combine the noon and the afternoon prayer; to delay the sunset prayer and advance the night prayer, to wash, and then combine the two prayers, do so: and to wash at dawn, do so: and fast if you are able to do so if possible.

The Messenger of Allah (saws) said: Of the two commands this is more to my liking.¹

Abu Dawud said: 'Amr b. Thabit narrated from Ibn 'Aqil: Hamnah said: Of the two commands this is the one which is more to my liking.² In this version these words were not quoted as the statement of the Prophet (saws); it gives it as a statement of Hamnah.

Abu Dawud said: 'Amr b. Thabit was a Rafidi. This has been said by Yahya b. Ma'in.

Abu Dawud said: I heard Ahmad (b. Hanbal) say: I am doubtful about the tradition transmitted by Ibn 'Aqil.

[Al-Bukhari and Muslim].

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Abdullah ibn Abbas was asked about animals slaughtered by the

Christian Arabs. He said, "There is no harm in them," but he recited this ayat, "Whoever takes them as friends is from them." (Sura 5 ayat 54).

Yahya related to me from Malik from Da'ud ibn al-Husayn from Abu Sufyan, the mawla of Ibn Abi Ahmad, from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, allowed the produce of an ariya to be bartered for an estimation of what the produce would be when the crop was less than five awsuq or equal to five awsuq. Da'ud wasn't sure whether he said five awsuq or less than five.

Malik said, ''Ariyas can be sold for an estimation of what amount of dried dates will be produced. The crop is examined and estimated while still on the palm. This is allowed because it comes into the category of delegation of responsibility, handing over rights, and involving a partner. Had it been like a form of sale, no one would have made someone else a partner in the produce until it was ready nor would he have renounced his right to any of it or put someone in charge of it until the buyer had taken possession."

He said: I swear by Allah, I asked the one who was well informed about it; I asked the Messenger of Allah (saws) about it.

He said: No, enjoin one another to do what is good and forbid one another to do what is evil.

But when you see niggardliness being obeyed, passion being followed, worldly interests being preferred, everyone being charmed with his opinion, then care for yourself, and leave alone what people in general are doing; for ahead of you are days which will require endurance, in which showing endurance will be like grasping live coals. The one who acts rightly during that period will have the reward of fifty men who act as he does.

Another version has: He said (The hearers asked:) Messenger of Allah, the reward of fifty of them?

He replied: The reward of fifty of you.

While I was with the Prophet , some people from Bani Tamim came to him. The Prophet said, "O Bani Tamim! Accept the good news!" They said, "You have given us the good news; now give us (something)." (After a while) some Yemenites entered, and he said to them, "O the people of Yemen! Accept the good news, as Bani Tamim have refused it. " They said, "We accept it, for we have come to you to learn the Religion. So we ask you what the beginning of this universe was." The Prophet said "There was Allah and nothing else before Him and His Throne was over the water, and He then created the Heavens and the Earth and wrote everything in the Book." Then a man came to me and said, 'O `Imran! Follow your she-camel for it has run away!" So I set out seeking it, and behold, it was beyond the mirage! By Allah, I wished that it (my she-camel) had gone but that I had not left (the gathering). "

My father said, "I heard Allah's Apostle saying, 'The period of your stay as compared to the previous nations is like the period equal to the time between the `Asr prayer and sunset. The people of the Torah were given the Torah and they acted (upon it) till midday then they were exhausted and were given one Qirat (of gold) each. And then the people of the Gospel were given the Gospel and they acted (upon it) till the `Asr prayer then they were exhausted and were! given one Qirat each. And then we were given the Qur'an and we acted (upon it) till sunset and we were given two Qirats each. On that the people of both the scriptures said, 'O our Lord! You have given them two Qirats and given us one Qirat, though we have worked more than they.' Allah said, 'Have I usurped some of your right?' They said, 'No.' Allah said: "That is my blessing I bestow upon whomsoever I wish."

When Allah's Apostle fought the battle of Khaibar, or when Allah's Apostle went towards it, (whenever) the people, (passed over a high place overlooking a valley, they raised their voices saying, "Allahu-Akbar! Allahu-Akbar! None has the right to be worshipped except Allah." On that Allah's Apostle said (to them), "Lower your voices, for you are not calling a deaf or an absent one, but you are calling a Hearer Who is near and is with you." I was behind the riding animal of Allah's Apostle and he heard me saying. "There Is neither might, nor power but with Allah," On that he said to me, "O `Abdullah bin Qais!" I said, "Labbaik. O Allah's Apostle!" He said, "Shall I tell you a sentence which is one of the treasures of Paradise" I said, "Yes, O Allah's Apostle! Let my father and mother be sacrificed for your sake." He said, "It is: There is neither might nor power but with Allah."

Abu Dawud said: I heard Ahmad b. Hanbal say: Muhammad b. Thabit reported a rejected tradition.

Ibn Dasah said: Abu Dawud said: No one supported Muhammad b. Thabit in respect of narrating this tradition as to striking the wall twice (for wiping) from the Prophet (saws), but reported it as an action of Ibn 'Umar.

A man called Labid bin al-A'sam from the tribe of Bani Zaraiq worked magic on Allah's Apostle till Allah's Apostle started imagining that he had done a thing that he had not really done. One day or one night he was with us, he invoked Allah and invoked for a long period, and then said, "O `Aisha! Do you know that Allah has instructed me concerning the matter I have asked him about? Two men came to me and one of them sat near my head and the other near my feet. One of them said to his companion, "What is the disease of this man?" The other replied, "He is under the effect of magic.' The first one asked, 'Who has worked the magic on him?' The other replied, "Labid bin Al-A'sam.' The first one asked, 'What material did he use?' The other replied, 'A comb and the hairs stuck to it and the skin of pollen of a male date palm.' The first one asked, 'Where is that?' The other replied, '(That is) in the well of Dharwan;' " So Allah's Apostle along with some of his companions went there and came back saying, "O `Aisha, the color of its water is like the infusion of Henna leaves. The tops of the date-palm trees near it are like the heads of the devils." I asked. "O Allah's Apostle? Why did you not show it (to the people)?" He said, "Since Allah cured me, I disliked to let evil spread among the people." Then he ordered that the well be filled up with earth.

Allah's Apostle used to visit Um Haram bint Milhan she was the wife of 'Ubada bin As-Samit. One day the Prophet visited her and she provided him with food and started looking for lice in his head. Then Allah's Apostle slept and afterwards woke up smiling. Um Haram asked, "What makes you smile, O Allah's Apostle?" He said, "Some of my followers were presented before me in my dream as fighters in Allah's Cause, sailing in the middle of the seas like kings on the thrones or like kings sitting on their thrones." (The narrator 'Is-haq is not sure as to which expression was correct). Um Haram added, 'I said, "O Allah's Apostle! Invoke Allah, to make me one of them;" So Allah's Apostle invoked Allah for her and then laid his head down (and slept). Then he woke up smiling (again). (Um Haram added): I said, "What makes you smile, O Allah's Apostle?" He said, "Some people of my followers were presented before me (in a dream) as fighters in Allah's Cause." He said the same as he had said before. I said, "O Allah's Apostle! Invoke Allah to make me from them." He said, "You are among the first ones." Then Um Haram sailed over the sea during the Caliphate of Muawiya bin Abu Sufyan, and she fell down from her riding animal after coming ashore, and died.

Malik related to me from Yahya ibn Said from Amr ibn Shuayb that a man of the Banu Mudlij called Qatada threw a sword at his son and it struck his thigh. The wound bled profusely and he died. Suraqa ibn Jusham came to Umar ibn al-Khattab and mentioned that to him Umar said to him, "At the watering place of Qudayd count one hundred and twenty camels and wait until I come to you." When Umar ibn al-Khattab came to him, he took thirty four-year-old camels, thirty five-year-old camels, and forty pregnant camels from them. Then he said, "Where is the brother of the slain man?" He said, "Here." He said, "Take them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'The killer gets nothing.' "

Az-Zubair quarrelled with a man from the Ansar because of a natural mountainous stream at Al-Harra. The Prophet said "O Zubair! Irrigate (your lands and the let the water flow to your neighbor The Ansar said, "O Allah's Apostle (This is because) he (Zubair) is your cousin?" At that, the Prophet's face became red (with anger) and he said "O Zubair! Irrigate (your land) and then withhold the water till it fills the land up to the walls and then let it flow to your neighbor." So the Prophet enabled Az- Zubair to take his full right after the Ansari provoked his anger. The Prophet had previously given a order that was in favor of both of them Az-Zubair said, "I don't think but the Verse was revealed in this connection: "But no, by your Lord, they can have no faith, until they make you judge in all disputes between them." (4.65)

A Jew and Jewess were brought to the Prophet on a charge of committing an illegal sexual intercourse. The Prophet asked the Jews, "What do you (usually) do with them?" They said, "We blacken their faces and disgrace them." He said, "Bring here the Torah and recite it, if you are truthful." They (fetched it and) came and asked a one-eyed man to recite. He went on reciting till he reached a portion on which he put his hand. The Prophet said, "Lift up your hand!" He lifted his hand up and behold, there appeared the verse of Ar-Rajm (stoning of the adulterers to death). Then he said, "O Muhammad! They should be stoned to death but we conceal this Divine Law among ourselves." Then the Prophet ordered that the two sinners be stoned to death and, and they were stoned to death, and I saw the man protecting the woman from the stones. (See Hadith No. 809, Vol. 8)

That he was informed by `Aisha, "Allah's Apostle went out in the middle of the night and prayed in the mosque and some men prayed behind him. In the morning, the people spoke about it and then a large number of them gathered and prayed behind him (on the second night). In the next morning the people again talked about it and on the third night the mosque was full with a large number of people. Allah's Apostle came out and the people prayed behind him. On the fourth night the Mosque was overwhelmed with people and could not accommodate them, but the Prophet came out (only) for the morning prayer. When the morning prayer was finished he recited Tashah-hud and (addressing the people) said, "Amma ba'du, your presence was not hidden from me but I was afraid lest the night prayer (Qiyam) should be enjoined on you and you might not be able to carry it on." So, Allah's Apostle died and the situation remained like that (i.e. people prayed individually). "

That the Messenger of Allah (saws) sold a saddle blanket and a drinking bowl. He (saws) said: "Who will buy saddle blanket and drinking bowl ?". So a man said: "I will take them for a Dirham." So the Prophet (saws) said: "Who will give more than a Dirham ? Who will give more that a Dirham ?" A man agreed to give him two Dirham, so he sold them to him.

[Abu 'Eisa said:] This Hadith is Hasan. We do not know of it except from the narration of Al-Akhdar bin 'Ajlan, and 'Abdullah Al-Hanafi who is reporting from Anas, is Abu Bakr Al-Hanafi.

This is acted upon according to some of the people of knowledge, they did not see any harm in auctioning the spolis of war and inheritance.

Al-Mu'tamir bin Sulaiman and others among the people of Hadith reported from Al-Akhdar bin 'Ajlan.

We were one-hundred and thirty persons accompanying the Prophet who asked us whether anyone of us had food. There was a man who had about a Sa of wheat which was mixed with water then. A very tall pagan came driving sheep. The Prophet asked him, "Will you sell us (a sheep) or give it as a present?" He said, "I will sell you (a sheep)." The Prophet bought a sheep and it was slaughtered. The Prophet ordered that its liver and other Abdominal organs be roasted. By Allah, the Prophet gave every person of the one-hundred-and-thirty a piece of that; he gave all those of them who were present; and kept the shares of those who were absent. The Prophet then put its meat in two huge basins and all of them ate to their fill, and even then more food was left in the two basins which were carried on the camel (or said something like it).