Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."

Shahr ibn Hawshab said: I asked Umm Salamah: How did the Messenger of Allah (saws) read this verse: "For his conduct is unrighteous (innahu 'amalun ghayru salih". She replied: He read it: "He acted unrighteously" (innahu 'amila ghayra salih).

Abu Dawud said: This tradition has been transmitted by Harun al-Nahwi and Musa b. Khalaf from Thabit as reported by the narrator 'Abd al-Aziz.

Some women requested the Prophet to fix a day for them as the men were taking all his time. On that he promised them one day for religious lessons and commandments. Once during such a lesson the Prophet said, "A woman whose three children die will be shielded by them from the Hell fire." On that a woman asked, "If only two die?" He replied, "Even two (will shield her from the Hell-fire).

When the Prophet returned after performing his Hajj, he asked Um Sinan Al-Ansari, "What did forbid you to perform Hajj?" She replied, "Father of so-and-so (i.e. her husband) had two camels and he performed Hajj on one of them, and the second is used for the irrigation of our land." The Prophet said (to her), "Perform `Umra in the month of Ramadan, (as it is equivalent to Hajj or Hajj with me (in reward).

Ibn 'Umar was asked about praying two rak'ahs before the Maghrib prayer. He replied: I did not see anyone praying them during the time of the Messenger of Allah (saws). He (Ibn Umar) permitted to pray two rak'ahs after the Asr prayer.

Abu Dawud said: I heard Yahya b. Ma'in say: The correct name of the narrator Abu Shu'aib is the Shu'aib. Shu'bah made a mistake in narrating his name.

Once a tumbler (full of milk or water) was brought to Allah's Apostle who drank from it, while on his right side there was sitting a boy who was the youngest of those who were present, and on his left side there were old men. The Prophet asked, "O boy ! Do you allow me to give (the drink) to the elder people (first)?" The boy said, "I will not prefer anybody to have my share from you, O Allah's Apostle!" So, he gave it to the boy.

Malik related to me from al-Ala ibn Abd ar-Rahman from Mabad ibn Kab as-Salami from his brother Abdullah ibn Kab ibn Malik al-Ansari from Abu Umama that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever cuts off the right of a muslim man by his oath, Allah forbids him the Garden and obliges the Fire for him." They said, "Even if it is something insignificant, Messenger of Allah?" He said, "Even if it is a tooth-stick, even if it is a tooth- stick," repeating it three times.

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, "By the One in Whose hand my self is, the smell of the breath of a man fasting is better with Allah than the scent of musk.' He leaves his desires and his food and drink for My sake. Fasting is for Me and I reward it. Every good action is rewarded by ten times its kind, up to seven hundred times, except fasting, which is for Me, and I reward it.' "

Wa'il said: Tariq ibn Suwayd or Suwayd ibn Tariq asked the Prophet (saws) about wine, but he forbade it. He again asked him, but he forbade him. He said to him: Prophet of Allah, it is a medicine. The Prophet (saws) said: No it is a disease.

This version of Musaddad adds the words: "For a short period."

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

I was with Allah's Apostle in one of the Markets of Medina. He left (the market) and so did I. Then he asked thrice, "Where is the small (child)?" Then he said, "Call Al-Hasan bin `Ali." So Al-Hasan bin `Ali got up and started walking with a necklace (of beads) around his neck. The Prophet stretched his hand out like this, and Al-Hasan did the same. The Prophet embraced him and said, "0 Allah! l love him, so please love him and love those who love him." Since Allah's Apostle said that. nothing has been dearer to me than Al-Hasan.

The Prophet said, "A woman should not look at or touch another woman to describe her to her husband in such a way as if he was actually looking at her."

The Prophet used to say, "Nobody should be flogged more than ten stripes except if he is guilty of a crime, the legal punishment of which is assigned by Allah."

[At-Tirmidhi].

Yahya related to me from Malik that he had heard the people of knowledge say, "Someone who dedicates a sacrificial animal for compensation or as part of the hajj should not eat from it."

My father said , "I heard the Prophet delivering the Khutba on the pulpit and he said, 'Whoever comes for the Jumua prayer should take a bath (before coming).' "

Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer, he is more entitled to it than anyone else. If the buyer dies, then the seller is the same as other creditors with respect to it."

The Messenger of Allah (saws) presented himself to the people at Arafat, saying: Is there any man who takes me to his people? The Quraysh have prevented me from preaching the word of my Lord.

A man from the people of the scripture came to the Prophet and said, "O Abal-Qasim! Allah will hold the Heavens upon a Finger, and the Earth on a Finger and the land on a Finger, and all the creation on a Finger, and will say, 'I am the King! I am the King!' " I saw the Prophet (after hearing that), smiling till his premolar teeth became visible, and he then recited: -- 'No just estimate have they made of Allah such as due to him... (39.67)

Yahya related to me from Malik, from Rabia ibn Abi Abd ar-Rahman, from Sulayman ibn Yasar, that the Messenger of Allah, may Allah bless him and grant him peace, sent Abu Rafi and a man of the Ansar to arrange his marriage to Maymuna bint al-Harith, and the Messenger of Allah, may Allah bless him and grant him peace, was in Madina before he had left for umra.

Abu Sufyan bin Abu Zuhair, a man from Azd Shanu'a and one of the companions of the Prophet said, "I heard Allah's Apostle saying, 'If one keeps a dog which is meant for guarding neither a farm nor cattle, one Qirat of the reward of his good deeds is deducted daily." I said, "Did you hear this from Allah's Apostle?" He said, "Yes, by the Lord of this Mosque."

Yahya related to me from Malik that he had heard that a man wanted to buy food from a man in advance. The man who wanted to sell the food to him went with him to the market, and he began to show him heaps, saying, "Which one would you like me to buy for you." The buyer said to him, "Are you selling me what you do not have?" So they came to Abdullah ibn Umarand mentioned that to him. Abdallah ibn Umar said to the buyer, "Do not buy from him what he does not have." He said to the seller, "Do not sell what you do not have."

I asked Abu Minhal about money exchange from hand to hand. He said, "I and a partner of mine bought something partly in cash and partly on credit." Al-Bara' bin `Azib passed by us and we asked about it. He replied, "I and my partner Zaid bin Al-Arqam did the same and then went to the Prophet and asked him about it. He said, 'Take what was from hand to hand and leave what was on credit.' "

AbulQasim (saws) said: When one of you is in the sun (Shams)--Makhlad's version has "fay'"--and the shadow withdraws from him so that he is partly in sun and partly in shade, he should get up.

(the freed slave of Um Hani) Um Hani, the daughter of Abi Talib said, "I went to Allah's Apostle in the year of the conquest of Mecca and found him taking a bath and his daughter Fatima was screening him. I greeted him. He asked, 'Who is she?' I replied, 'I am Um Hani bint Abi Talib.' He said, 'Welcome! O Um Hani.' When he finished his bath he stood up and prayed eight rak`at while wearing a single garment wrapped round his body and when he finished I said, 'O Allah's Apostle ! My brother has told me that he will kill a person whom I gave shelter and that person is so and so the son of Hubaira.' The Prophet said, 'We shelter the person whom you have sheltered.' " Um Hani added, "And that was before noon (Duha).

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If someone dedicates an animal and then it goes astray or dies, he should provide a substitute, if it was for a vow. If, however, it was voluntary, then he can either provide a substitute for it or not, as he wishes."

Allah's Apostle said, "If anyone of you leads the people in the prayer, he should shorten it for amongst them are the weak, the sick and the old; and if anyone among your prays alone then he may prolong (the prayer) as much as he wishes. "

Abdullah ibn Zalim al-Mazini said: I heard Sa'id ibn Zayd ibn Amr ibn Nufayl say: When so and so came to Kufah, and made so and so stand to address the people, Sa'id ibn Zayd caught hold of my hand and said: Are you seeing this tyrant? I bear witness to the nine people that they will go to Paradise. If I testify to the tenth too, I shall not be sinful.

I asked: Who are the nine? He said: The Messenger of Allah (saws) said when he was on Hira': Be still, Hira', for only a Prophet, or an ever-truthful, or a martyr is on you. I asked: Who are those nine? He said: The Messenger of Allah, AbuBakr, Umar, Uthman, Ali, Talhah, az-Zubayr, Sa'd ibn AbuWaqqas and AbdurRahman ibn Awf. I asked: Who is the tenth? He paused a moment and said: it is I.

Abu Dawud said: This tradition has been transmitted by al-Ashja'i, from Sufyan, from Mansur, from Hilal b. Yasaf, from Ibn Hayyan on the authority of 'Abd Allah b. Zalim through his different chain of narrators in a a similar manner.

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

That one night Allah's Apostle visited him and Fatima, the daughter of Allah's Apostle and said to them, "Won 't you offer (night) prayer?.. `Ali added: I said, "O Allah's Apostle! Our souls are in the Hand of Allah and when He Wishes to bring us to life, He does." Then Allah's Apostle went away when I said so and he did not give any reply. Then I heard him on leaving while he was striking his thighs, saying, 'But man is, more quarrelsome than anything.' (18.54)

Allah's Apostle said, "Whoever buys a sheep which has been kept unmilked for a long period, and milks it, can keep it if he is satisfied, and if he is not satisfied, he can return it, but he should pay one Sa of dates for the milk."