The Messenger of Allah (saws) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.

Abu Dawud said : The tradition of Ibn yahya is more perfect.

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

Malik said, "Someone who has a nosebleed on the day of jumua while the imam is giving the khutba and he leaves and does not come back until the imam has finished the prayer, should pray four rakas.''

Malik said that someone who prayed a raka with the imam on the day of jumua, then had a nosebleed and left and came back and the imam had prayed both rakas, should complete the prayer with another raka as long as he had not spoken.

Malik said, "If some one has a nosebleed, or something happens to him and he has no alternative but to leave, he does not have to ask permission of the imam if he wants to leave on the day of jumua."

Yahya related to me from Malik, from Muhammad ibn Abd ar-Rahman, from Sulayman ibn Yasar, that when the Messenger of Allah, may Allah bless him and grant him peace, set out for hajj in the year of the farewell hajj, some of his companions went into ihram to do hajj on its own, some of them combined hajj and umra, and some went into ihram to do umra on its own. Those who had gone into ihram to do hajj, or hajj and umra together, did not come out of ihram, whils tthose who had gone into ihram to doumra (on its own) came out of ihram.

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 Ayyub ibn Musa from Mansur ibn Abd ar-Rahman al-Hajabi from his mother that A'isha, umm al- muminin, may Allah be pleased with her, was asked about a man who devoted his property to the door of Kaba. She said, "Let him do kaffara for it with the kaffara of the oath."

Malik said, that someone who devoted all his property in the way of Allah, and then broke his oath, should put a third of his property in the way of Allah, as that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the case of Abu Lubaba.

`Umar bought a silk cloak from the market, took it to Allah's Apostle and said, "O Allah's Apostle! Take it and adorn yourself with it during the `Id and when the delegations visit you." Allah's Apostle (p.b.u.h) replied, "This dress is for those who have no share (in the Hereafter)." After a long period Allah's Apostle (p.b.u.h) sent to `Umar a cloak of silk brocade. `Umar came to Allah's Apostle (p.b.u.h) with the cloak and said, "O Allah's Apostle! You said that this dress was for those who had no share (in the Hereafter); yet you have sent me this cloak." Allah's Apostle said to him, "Sell it and fulfill your needs by it."

From his father, who said that the Prophet (saws) said: "When one of you buys meat, then let him increase its broth. For, if he does not find any meat you'll have broth; and it is one of the two meats."

And there are narrations on this topic from Abu Dharr.

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except through this route, as a narration of Muhammad bin Fada', who is Muhammad bin Fada' Al-Mu'abbar, and he has been criticized by Sulaiman bin Harb. 'Alqamah bin 'Abdullah is the brother of Bakr bin 'Abdullah Al-Muzani.

Dawud ibn Salih ibn Dinar at-Tammar quoted his mother as saying that her mistress sent her with some pudding (harisah) to Aisha who was offering prayer. She made a sign to me to place it down. A cat came and ate some of it, but when Aisha finished her prayer, she ate from the place where the cat had eaten. She stated: The Messenger of Allah (saws) said: It is not unclean: it is one of those who go round among you. She added: I saw the Messenger of Allah (saws) performing ablution from the water left over by the cat.

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.

Hudhaifa reported that Allah's Messenger (may peace be upon him) stood before us one day and he did not leave anything unsaid (that he had to say) at that very spot which would happen (in the shape of turmoil) up to the Last Hour. Those who had to remember them preserved them in their minds and those who could not remember them forgot them. My friends knew them and there are certain things which slip out of my mind, but I recapitulate them when anyone makes a mention of them just as a person is lost from one's mind but is recalled to him on seeing his face.

Allah's Apostle called me to present myself in front of him or the eve of the battle of Uhud, while I was fourteen years of age at that time, and he did not allow me to take part in that battle, but he called me in front of him on the eve of the battle of the Trench when I was fifteen years old, and he allowed me (to join the battle)." Nafi` said, "I went to `Umar bin `Abdul `Aziz who was Caliph at that time and related the above narration to him, He said, "This age (fifteen) is the limit between childhood and manhood," and wrote to his governors to give salaries to those who reached the age of fifteen.

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).

When the ailment of the Prophet got aggravated, he became unconscious whereupon Fatima said, "Oh, how distressed my father is!" He said, "Your father will have no more distress after today." When he expired, she said, "O Father! Who has responded to the call of the Lord Who has invited him! O Father, whose dwelling place is the Garden of Paradise (i.e. Al-Firdaus)! O Father! We convey this news (of your death) to Gabriel." When he was buried, Fatima said, "O Anas! Do you feel pleased to throw earth over Allah's Apostle?"

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

Ibn Umar was sent with a detachment of the Messenger of Allah (saws). The people wheeled round in flight. He said: I was one of those who wheeled round in flight. When we stopped, we said (i.e. thought): How should we do? We have run away from the battlefield and deserve Allah's wrath. Then we said (thought): Let us enter Medina, stay there, and go there while no one sees us. So we entered (Medina) and thought: If we present ourselves before the Messenger of Allah (saws), and if there is a change of repentance for us, we shall stay; if there is something else, we shall go away. So we sat down (waiting) for the Messenger of Allah (saws) before the dawn prayer. When he came out, we stood up to him and said: We are the ones who have fled. He turned to us and said: No, you are the ones who return to fight after wheeling away. We then approached and kissed his hand, and he said; I am the main body of the Muslims.

AbdurRahman ibn Samurah said: I was holding the hand of Ibn Umar on one of the ways of Medina. He suddenly came to a hanging head. He said: Unhappy is the one who killed him. When he proceeded, he said: I do not consider him but unfortunate. I heard the Messenger of Allah (saws) say: If anyone goes to a man of my community in order to kill him, he should say in this way, the one who kills will go to Hell and the one who is killed will go to Paradise.

Abu Dawud said: Al-Thawri has transmitted it from 'Awn from 'Abd al-Rahman b. Sumair or Sumairah ; and Laith b. Abu Sulaim transmitted it from 'Awn from 'Abd al-Rahman b. Sumairah.

Abu Dawud said: Al-Hasan b. 'Ali said to me: Abu al-Walid transmitted this tradition to us from Abu 'Awanah, and said: It (the name Ibn Samurah) is in my notebook Ibn Sabrah. The people also transmitted it as Samurah and Sumairah. These are wordings of Abu al-Walid.

He said: I mentioned it to al-A’mash. He said: I swear by Allah, I heard it from him.

Malik related to me from Yahya ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, asked about a milk camel about to be milked, "Who milks this camel?" A man stood up. The Messenger of Allah, may Allah bless him and grant him peace, said, "What is your name?" The man said, "Murra (bitterness)." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Sit down." Then he said, "Who milks this one?" A man stood up and the Messenger of Allah, may Allah bless him and grant him peace, said, "What is your name?" He said, "Harb (war)." The Messenger of Allah, may Allah bless him and grant him peace, said, "Sit down." Then he said, "Who milks this camel?" A man stood up, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "What is your name?" The man said, ''Yaish (he lives)." The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Milk!"

The people started asking the Prophet too many questions importunately. So one day he ascended the pulpit and said, "You will not ask me any question but I will explain it to you." I looked right and left, and behold, every man was covering his head with his garment and weeping. Then got up a man who, whenever quarreling with somebody, used to be accused of not being the son of his father. He said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." Then `Umar got up and said, "We accept Allah as our Lord, Islam as our religion and Muhammad as our Apostle and we seek refuge with Allah from the evil of afflictions." The Prophet said, " I have never seen the good and bad like on this day. No doubt, Paradise and Hell was displayed in front of me till I saw them in front of that wall," Qatada said: This Hadith used to be mentioned as an explanation of this Verse:-- 'O you who believe! Ask not questions about things which, if made plain to you, may cause you trouble.' (5.101)

Yahya related to me from Malik that Ibn Shihab used to say, "When a man catches the raka he says, 'Allah is greater' once, and that takbir is enough for him."

Malik added, "That is if he intended to begin the prayer by that takbir "

Malik was asked about a man who began with the imam but forgot the opening takbir and the takbir of the ruku until he had done one raka. Then he remembered that he had not said the takbir at the opening nor in the ruku,so he said the takbir in the second raka. He said, "I prefer that he start his prayer again, but if he forgets the opening takbir with the imam and says the takbir in the first ruku, I consider that enough for him if he intends by it the opening takbir."

Malik said, about some one who prayed by himself and forgot the opening takbir, "He begins his prayer afresh ."

Malik said, about an imam who forgot the opening takbir until he had finished his prayer, "I think that he should do the prayer again, and those behind him, even if they have said the takbir."

Yahya related to me from Malik that he had heard one of the people of knowledge say, "A man and wife should not share in one sacrificial animal. Each should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted with an animal for him to sacrifice on hajj, who went into ihram for umra, should sacrifice it when he came out of ihram or postpone it so that he sacrificed it at the time of the hajj while in the meantime he came out of ihram from his umra. He said, "He should postpone it so that he may sacrifice it at the time of the hajj, and meanwhile come out of ihram from his umra."

Malik said, "If it is judged that some- one must offer an animal for having killed game, or for any other reason, this animal can only be sacrificed at Makka, since Allah, the Blessed and Exalted, says, 'a sacrificial animal which will reach the Kaba.' The fasting or sadaqa that is considered equivalent to offering a sacrifice can be done outside Makka, and the person who is doing it can do it wherever he likes."

"A man came to the Prophet while he was at Ji'rana. The man was wearing a cloak which had traces of Khaluq or Sufra (a kind of perfume). The man asked (the Prophet ), 'What do you order me to perform in my `Umra?' So, Allah inspired the Prophet divinely and he was screened by a place of cloth. I wished to see the Prophet being divinely inspired. `Umar said to me, 'Come! Will you be pleased to look at the Prophet while Allah is inspiring him?' I replied in the affirmative. `Umar lifted one corner of the cloth and I looked at the Prophet who was snoring. (The sub-narrator thought that he said: The snoring was like that of a camel). When that state was over, the Prophet asked, "Where is the questioner who asked about `Umra? Put off your cloak and wash away the traces of Khaluq from your body and clean the Sufra (yellow color) and perform in your Umra what you perform in your Hajj (i.e. the Tawaf round the Ka`ba and the Sa`i between Safa and Marwa). "

Ghudayf ibn al-Harith reported: I asked Aisha: Have you seen the Messenger of Allah (saws) washing (because of defilement) at the beginning of the night or at the end?

She replied: Sometimes he would take a bath at the beginning of the night and sometimes at the end.

Thereupon I exclaimed: Allah is most Great. All Praise be to Allah Who made this matter accommodative.

I again asked her: What do you think, did the Messenger of Allah (saws) say the witr prayer (additional prayer after obligatory prayer at night) in the beginning of the night or at the end?

She replied: Sometimes he would say the witr prayer at the beginning of the night and sometimes at the end.

I exclaimed: Allah is most Great. All praise be to Allah Who made the matter accommodative.

Again I asked her: What do you think, did the Messenger of Allah (saws) recite the Qur'an (in the prayer) loudly or softly?

She replied: Sometimes he would recite loudly and sometimes softly.

I exclaimed: Allah is most Great. All praise be to Allah Who made the matter flexible.

Ikrimah reported on the authority of Ibn Abbas, saying: I think the Messenger of Allah (saws) said: When one of you prays without a sutrah, a dog, an ass, a pig, a Jew, a Magian, and a woman cut off his prayer, but it will suffice if they pass in front of him at a distance of over a stone's throw.

Abu Dawud said: There is something about this tradition in my heart. I used to discuss it with Ibrahim and others. I did not find anyone who narrated it from Hisham and knew it. I did not know anyone who reported it from Hisham and knew it. I did not know anyone who related it from Hisham. I think the confusion is on the part of Ibn Abi Saminah that is, Muhammad b. Isma'il al-Basri, the freed slave of Banu Hisham. In this tradition the mention of words "a Magian" is rejected; the mention of the words "at a stone's throw" and "a pig" is rejected.

Abu Dawud said: I did not hear this tradition except from Muhammad b. Isma'il b. Samurrah and I think he was mistaken because he used to narrate to us from his memory.

The same hadith is narrated by Ubaidallah b. Umar al-Qawariri from Abu 'Uwana, who transmitted it to 'Abd al-Malik b. 'Umair on the same chain of transmitter and the hadith of Jarir is more perfect and comprehensive.

I asked the Messenger of Allah (saws) about the hyena. He replied: It is game, and if one who is wearing ihram (pilgrim's robe) hunts it, he should give a sheep as atonement.

The Prophet (saws) used to read: "Not equal are those believers who sit (at home) and receive no hurt (ghayru ulid-darari) but the narrator Sa'id did not say the words "used to read"

The Prophet (saws) said: Leave the Abyssinians alone as long as they leave you alone, for it is only the Abyssinian with short legs who will seek to take out the treasure of the Ka'bah.

Is one of you helpless to be like AbuDaygham or Damdam (Ibn Ubayd is doubtful) who would say when morning came: O Allah, I gave my honour as alms to Thy servants?

The Prophet (saws) said: We have not made peace with them since we fought with them, so he who leaves any of them alone through fear does not belong to us.