The Prophet came visiting me while I was (sick) in Mecca, ('Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, "May Allah bestow His Mercy on Ibn Afra (Sa`d bin Khaula)." I said, "O Allah's Apostle! May I will all my property (in charity)?" He said, "No." I said, "Then may I will half of it?" He said, "No". I said, "One third?" He said: "Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah's sake will be considered as a charitable deed even the handful of food you put in your wife's mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you." At that time Sa`d had only one daughter.

Mus’ab bin Sa’d reported on the authority of his father (Sa’ad bin Abi Waqqas) “I brought a sword to the Prophet(saws) on the day of the Badr and I said (to him) Apostle of Allaah(saws) , Allaah has healed up my breast from the enemy today, so give me this sword. He said “This sword is neither mine nor yours. I then went away saying “today this will be given to a man who has not been put to trial like me. Meanwhile a messenger and came to me and said “Respond, I thought something was revealed about me owing to my speech. I came and the Prophet (saws) said to me “You asked me for this sword, but this was neither mine nor yours. Now Allaah has given it to me, hence it is yours. He then recited “they ask thee concerning (things taken as) spoils of war. Say “(Such) spoils are at the disposal of Allaah and the Apostle.

Abu Dawud said “According to the reading of the Qur’an of Ibn Mas’ud the verse goes. They ask thee concerning (things taken as ) spoils of war.

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.' "

The Messenger of Allah (saws) saw me. The version of AbuAli al-Lula' has: I think I wore a garment dyed with a reddish yellow colour. He asked: What is this? So I went and burnt it. The Prophet (saws) said: What have you done with your garment? I replied: I burnt it. He said: Why did you not give it to one of your women to wear?

Abu Dawud said: Thawr transmitted it from Khalid and said: "Pink (muwarrad)" while Tawus said: "Reddish yellow colour (mu'asfar)".

'Umar b. al-Khattab (ra) addressed us and said: I did not send my collectors (of zakat) so that they strike your bodies and that they take your property. If that is done with someone and he appeals to me, I shall take retaliation on him. Amr ibn al-'As said: If any man (i.e. governor) inflicts disciplinary punishment on his subjects, would you take retaliation on him too? He said: Yes, by Him in Whose hand my soul is, I shall take retaliation on him. I saw that the Messenger of Allah (saws) has given retaliation on himself.

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik from his father that Kab al-Ahbar said to a man who took off his sandals, "Why have you taken off your sandals? Perhaps you have interpreted this ayat, 'Remove your sandals. You are in the pure valley of Tuwa?' (Sura 20 ayat 12) Do you know what the sandals of Musa were?"

Malik (the father of Abu Suhayl) said, "I do not know what the man answered." Kab said, "They were made from the skin of a dead donkey."

Yahya related to me from Malik that he had heard the people of knowledge say that when a man hit game and something else might have contributed to death, like water or an untrained dog, that game was not to be eaten unless it was beyond doubt that it was the arrow of the hunter that had killed it by reaching a vital organ, so that it did not have any life after that.

Yahya said that he heard Malik say that there was no harm in eating game when you did not see it die if you found the mark of your dog on it or your arrow in it as long as it had not remained overnight. If it had remained overnight, then it was disapproved of to eat it.

I heard Allah's Apostle saying, "The good deeds of any person will not make him enter Paradise." (i.e., None can enter Paradise through his good deeds.) They (the Prophet's companions) said, 'Not even you, O Allah's Apostle?' He said, "Not even myself, unless Allah bestows His favor and mercy on me." So be moderate in your religious deeds and do the deeds that are within your ability: and none of you should wish for death, for if he is a good doer, he may increase his good deeds, and if he is an evil doer, he may repent to Allah."

The people of (the tribe of) Quraiza agreed upon to accept the verdict of Sa`d. The Prophet sent for him (Sa`d) and he came. The Prophet said (to those people), "Get up for your chief or the best among you!" Sa`d sat beside the Prophet and the Prophet said (to him), "These people have agreed to accept your verdict." Sa`d said, "So I give my judgment that their warriors should be killed and their women and children should be taken as captives." The Prophet said, "You have judged according to the King's (Allah's) judgment." (See Hadith No. 447, Vol. 5)

Regarding the Holy Verse:--'And to everyone, We have appointed heirs..' And:-- (4.33) 'To those also to Whom your right hands have pledged.' (4.33) When the emigrants came to Medina, the Ansar used to be the heir of the emigrants (and vice versa) instead of their own kindred by blood (Dhawl-l-arham), and that was because of the bond of brotherhood which the Prophet had established between them, i.e. the Ansar and the emigrants. But when the Divine Verse:-- 'And to everyone We have appointed heirs,' (4.33) was revealed, it cancelled the other, order i.e. 'To those also, to whom Your right hands have pledged.'

Allah's Apostle was asked about things which he disliked, and when the people asked too many questions, he became angry and said, "Ask me (any question)." A man got up and said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." Then another man got up and said, "O Allah's Apostle! Who is my father?" The Prophet said, "Your father is Salim, Maula Shaiba." When `Umar saw the signs of anger on the face of Allah's Apostle, he said, "We repent to Allah."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Rafiibn Ishaq, a mawla of the family of ash-Shifa who was known as the mawla of Abu Talha, heard Abu Ayyub al-Ansari, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, say, while he was in Egypt, "By Allah! I don't know how to deal with these lavatories." The Messenger of Allah, may Allah bless him and grant him peace, said, "When you go to defecate or urinate, do not expose your genitals towards the qibla, and do not put your back to it."

The Prophet was asked about things which he did not like, but when the questioners insisted, the Prophet got angry. He then said to the people, "Ask me anything you like." A man asked, "Who is my father?" The Prophet replied, "Your father is Hudhafa." Then another man got up and said, "Who is my father, O Allah's Apostle ?" He replied, "Your father is Salim, Maula (the freed slave) of Shaiba." So when `Umar saw that (the anger) on the face of the Prophet he said, "O Allah's Apostle! We repent to Allah (Our offending you).

That he said: "O Messenger of Allah! We live in a land of the People of Book and we cook in their containers, and drink in their vessels." The Messenger of Allah (saws) said: "If you do not find other than them, then rinse them with water."

The he said: "O Messenger of Allah! We live in a land of game, so what should we do ?" He said: "When you send your trained dog, and you mentioned the Name of Allah, and he kills it, then eat it. And when you shoot it with your bow, and it is killed, then eat it.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The above hadith is narratted through another chain of transmitters.

Hilal bin Umaiya accused his wife before the Prophet of committing illegal sexual intercourse with Sharik bin Sahma.' The Prophet said, "Produce a proof, or else you would get the legal punishment (by being lashed) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw another man over his wife, would he go to search for a proof." The Prophet went on saying, "Produce a proof or else you would get the legal punishment (by being lashed) on your back." The Prophet then mentioned the narration of Lian (as in the Holy Book). (Surat-al-Nur: 24)

Aisha said that Barirah came to seek her help in the writing of her emancipation. `Aisha said to her, "If you wish, I will pay your masters (your price) and the wala' will be for me." When Allah's Apostle came, she told him about it. The Prophet said to her, "Buy her (i.e. Barirah) and manumit (free) her, for the Wala is for the one who manumits." Then Allah's Apostle ascended the pulpit and said, "What about those people who stipulate conditions which are not in Allah's Laws? Whoever stipulates such conditions as are not in Allah's Laws, then those conditions are invalid even if he stipulated a hundred such conditions."

A woman said to the Prophet (saws): Invoke blessing on me as well as on my husband. The Prophet (saws) said: May Allah send blessing on you and your husband.

The Messenger of Allah (saws) laughed AbuBakr or Umar said to him: May Allah make your teeth laugh! He then mentioned the tradition.

The Verse: 'But you did hide in your mind that which Allah was about to make manifest.' (33.37) was revealed concerning Zainab bint Jahsh and Zaid bin Haritha.

A man said to the Prophet, "Shall I participate in Jihad?" The Prophet said, "Are your parents living?" The man said, "Yes." the Prophet said, "Do Jihad for their benefit."

Um Sulaim said to the Prophet "Anas is your servant." The Prophet said, "O Allah! increase his wealth and offspring, and bless (for him) what ever you give him."

Allah's Apostle said, "You will be rewarded for whatever you spend for Allah's sake even if it were a morsel which you put in your wife's mouth."

Allah's Apostle (p.b.u.h) said, "When the Imam is delivering the Khutba, and you ask your companion to keep quiet and listen, then no doubt you have done an evil act."

From his father, that the Messenger of Allah (saws) said: "Do not leave the fire (burning) in your houses when you sleep."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The Messenger of Allah (saws) sent ahead some boys from Banu AbdulMuttalib on donkeys on the night of al-Muzdalifah. He began to pat our thighs (out of love) and said: O young! boys do not throw pebbles at the jamrah till the sun rises.

Abu Dawud said: The Arabic word al-lath means to strike softly.

I and Makhrafah al-Abdi imported some garments from Hajar, and brought them to Mecca. The Messenger of Allah (saws) came to us walking, and after he had bargained with us for some trousers, we sold them to him. There was a man who was weighing for payment. The Messenger of Allah (saws) said to him: Weigh out and give overweight.

AbuMijlaz said: Mu'awiyah went out to Ibn az-Zubayr and Ibn Amir. Ibn Amir got up and Ibn az-Zubayr remained sitting. Mu'awiyah said to Ibn Amir: Sit down, for I heard the Messenger of Allah (saws) say: Let him who likes people to stand up before him prepare his place in Hell.

Ibn 'Abbas reported that the Messenger of Allah (may peace be upon him) went out on the day of Adha or Fitr and observed two rak'ahs, and did not observe prayer (at that place) before and after that. He then came to the women along with Bilal and commanded them to give alms and the women began to give their rings and necklaces. This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters.

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you put on sandals, begin with the right foot. When you take them off, begin with the left foot. The right foot is the first to be put in the sandal and the last to be taken out."

A Jewish Rabbi came to Allah's Apostle and said, "O Muhammad! Allah will put the Heavens on one finger and the earth on one finger, and the trees and the rivers on one finger, and the rest of the creation on one finger, and then will say, pointing out with His Hand, 'I am the King.' "On that Allah's Apostle smiled and said, "No just estimate have they made of Allah such as due to Him. (39.67)

Yahya related to me that Malik had asked Ibn Shihab how to wipe over leather socks. Ibn Shihab had put one hand under the sock and his other hand above the sock and then passed them over it.

Yahya said that Malik said, "Out of all that I have heard about the matter I like what Ibn Shihab said the most."

Yahya related to me from Malik from Abdullah ibn Dinar from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A month has twenty-nine days in it. Do not start the fast or break it until you see the new moon. If the new moon is obscured from you, then work out (when it should be)."

We were ordered to bring out our menstruating women and veiled women in the religious gatherings and invocation of Muslims on the two `Id festivals. These menstruating women were to keep away from their Musalla. A woman asked, "O Allah's Apostle ' What about one who does not have a veil?" He said, "Let her share the veil of her companion."