Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah were marrying off their daughters and they did not consult them.

Malik said, "That is what is done among us about the marriage of virgins."

Malik said, "A virgin has no right to her property until she enters her house and her state (competence, maturity etc.) is known for sure."

Abdullah (b. Umar) (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden Mazabana, and it implies that one should sell the fresh fruits of his orchard (for dry fruits) or, if it is fresh dates, for dry dates with a measure, or if it is grapes for raisins or if it is corn in the field for dry corn with a measure He (the Holy Prophet) in fact forbade all such transactions. Qutaiba has narrated it with a slight variation of words.

The Prophet said, "Whoever possesses the following three qualities will taste the sweetness of faith:

1. The one to whom Allah and His Apostle become dearer than anything else.

2. Who loves a person and he loves him only for Allah's sake.

3. Who hates to revert to disbelief (Atheism) after Allah has brought (saved) him out from it, as he hates to be thrown in fire."

While `Umar (bin Al-Khattab) was delivering the Khutba on a Friday, a man entered (the mosque). `Umar asked him, "What has detained you from the prayer?" The man said, "It was only that when I heard the Adhan I performed ablution (for the prayer)." On that `Umar said, "Did you not hear the Prophet saying: 'Anyone of you going out for the Jumua prayer should take a bath'?".

A woman from the tribe of Juhaina came to the Prophet and said, "My mother had vowed to perform Hajj but she died before performing it. May I perform Hajj on my mother's behalf?" The Prophet replied, "Perform Hajj on her behalf. Had there been a debt on your mother, would you have paid it or not? So, pay Allah's debt as He has more right to be paid."

That he heard Muawiya bin Abi Sufyan on the day of 'Ashura' during the year he performed the Hajj, saying on the pulpit, "O the people of Medina! Where are your Religious Scholars? I heard Allah's Apostle saying, 'This is the day of 'Ashura'. Allah has not enjoined its fasting on you but I am fasting it. You have the choice either to fast or not to fast (on this day).' "

Anas went to the Prophet with barley bread having some dissolved fat on it. The Prophet had mortgaged his armor to a Jew in Medina and took from him some barley for his family. Anas heard him saying, "The household of Muhammad did not possess even a single Sa of wheat or food grains for the evening meal, although he has nine wives to look after." (See Hadith No. 685)

From his father, from his grandfather that he said: "I ate bustard meat with the Messenger of Allah (saws)."

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except from this route. Ibn Abi Fudaik reported from Ibrahim bin 'Umar bin Safinah and he has been called Buraih bin 'Umar bin Safinah.

That the Messenger of Allah (saws) said: "Let one of you not consider any good to be insignificant. If he has nothing, then let him meet his brother with a smiling face. If you buy some meat or cook something in a pot, then increase its broth, and serve some of it to your neighbor."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Shu'bah reported it from Abu 'Imran Al-Jawni.

"Indeed Khamr comes from wheat."

[After mentioning this, he said:] and this is more correct than the narration of Ibrahim bin Muhajir (no. 1872). 'Ali bin Al-Madini said: "Yahya bin Sa'eed said: 'Ibrahim bin Al-Muhajir is not strong [in Hadith].'" And it has also been reported through other rotes from Ash-Sha'bi, from An-Nu'man bin Bashir.

From Abu Hurairah who said: "The price of a dog was prohibited, except for the hunting dog."

[Abu 'Eisa said:] This Hadith is not correct from this route. Abu Al-Muhazzim's name is Yazid bin Sufyan, and Shu'bah bin Al-Hajjaj criticized him and graded him weak. Similar to this has been reported from Jabir, from the Prophet (saws), but its chain is also not correct.

When the Messenger of Allah (saws) came to Medina, the people had two days on which they engaged in games. He asked: What are these two days (what is the significance)? They said: We used to engage ourselves on them in the pre-Islamic period. The Messenger of Allah (saws) said: Allah has substituted for them something better than them, the day of sacrifice and the day of the breaking of the fast.

"The hand-guard on the sword of the Messenger of Allah (saws) was made from silver."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. This is how it has been reported from Hamam from Qatadah from Anas. While some of them reported it from Qatadah, from Sa'eed bin Abu Al-Hasan who said: "The hand-guard on the sword of Messenger of Allah (saws) was made from silver."

This hadith has been narrated on the authority of Sulaiman Taimi with the same chain of transmitters that a person had taken liberty with a woman less than fomication. He came to 'Umar b. Khattab and he took it to be a serious offence. Then he came to Abu Bakr and he also took it to be a serious offence. Then he came the Allahs Apostle (may peace be upon him) and he made a mention of this to him. The rest of the hadith is the same.

that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.

Usama bin Zaid said during the Conquest (of Mecca), "O Allah's Apostle! Where will we encamp tomorrow?" The Prophet said, "But has `Aqil left for us any house to lodge in?" He then added, "No believer will inherit an infidel's property, and no infidel will inherit the property of a believer." Az- Zuhri was asked, "Who inherited Abu Talib?" Az-Zuhri replied, "Ail and Talib inherited him."

While some people were offering morning prayer at Quba' a man came to them and said, "A Qur'anic Order has been revealed to Allah's Apostle tonight that he should face the Ka`ba at Mecca (in prayer), so you too should turn your faces towards it." At that moment their faces were towards Sham (i.e. Jerusalem) (and on hearing that) they turned towards the Ka`ba (at Mecca).

I said to `Uthman, "This Verse which is in Surat-al-Baqara: "Those of you who die and leave widows behind...without turning them out." has been abrogated by another Verse. Why then do you write it (in the Qur'an)?" `Uthman said. "Leave it (where it is), O the son of my brother, for I will not shift anything of it (i.e. the Qur'an) from its original position."

The properties of Banu al-Nadir were part of what Allah bestowed on His Apostle from what the Muslims has not ridden on horses or camels to get; so they belonged specially to the Messenger of Allah (saws) who gave his family their annual contribution.

Ibn 'Abdah said: His family (ahlihi) and not the members of his houses (ahl baitihi) ; then applied what remained for horses and weapons in Allah's path.

Abu Dawud said: This tradition has been transmitted by al-Darawardi from ‘Ubaid Allah on the authority of Ibn ‘Umar, saying: there was a mu'adhdhin of ‘Umar, named Mas’ud. He then narrated the rest of the tradition. This version is more correct than one.

Abu 'Ali said: I heard Abu Dawud say: Sufyan said: none of you must buy in opposition to one another ; that is he says: I have a better one for ten (dirhams).

Abu Dawud said: This tradition has been narrated in a similar way by Yahya b. Ayyub, Ibn Abu Ar-Rijal, from Yahya b. Sa'id, from 'Umrah from Umm Hisham hint Harithah b. al-Nu'man.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

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."

The Messenger of Allah (saws) used to say at the end of his witr: "O Allah, I seek refuge in Thy good pleasure from Thy anger, and in Thy forgiveness from Thy punishment, and I seek refuge in Thy mercy from Thy wrath. I cannot reckon the praise due to Thee. Thou art as Thou hast praised Thyself."

Abu Dawud said: Hisham is the earliest teacher of Hammad. Yahya b. Ma'in said: No one is reported to have narrated traditions form him except Hammad b. Salamah.

Abu Dawud said: Ubayy b. Ka'b said: The Messenger of Allah (saws) recited supplication in the witr before bowing.

Abu Dawud said: This tradition has also been narrated by 'Isa b. Yunus through a different chain of narrators from Ubayy b. Ka'b. He also narrated it through a different chain of narrators on the authority of Ubayy b. Ka'b that the Messenger of Allah (saw) recited the supplication in the witr before bowing.

Abu Dawud said: The chain of narrators of the tradition of Sa'id from Qatadah goes: Yazid b. Zurai' narrated from Sa'id, from Qatadah, from 'Azrah, from Sa'id b. 'Abd al-Rahman b. Abza, on the authority of his father, from the Prophet (saws). This version does not mention the supplication and the name of Ubayy. This tradition has also been narrated by 'Abd al-A'la and Muhammad b. Bishr al-'Abdi. He heard the traditions from 'Isa b. Yunus at Kufah. They did not mention the supplication in their version.

This tradition has also been narrated by Hisham al-Dastuwa'i and Shu'bah from Qatadah. They did not mention the supplication in their version. The tradition of Zubaid has been narrated by Sulaiman al-A'mash, Shu'bah, 'Abd al-Malik b. Abi Sulaiman, and Jarir b. Hazim; all of them narrated on the authority of Zubaid. None of them mention the supplication in his version, except in the tradition transmitted by Hafs b. Ghiyath from Mis'ar from Zubaid; he narrated in his version that he (the Prophet) recited supplication before bowing.

Abu Dawud said: This version of tradition is not well know. There is doubt that Hafs might have narrated this tradition from some other narrator than Mis'ar.

Abu Dawud said: It is reported that Ubayy (b. Ka'b) used to recited the supplication )in the witr) in the second half of Ramadan.

who was one of those who used to write the Divine Revelation: Abu Bakr sent for me after the (heavy) casualties among the warriors (of the battle) of Yamama (where a great number of Qurra' were killed). `Umar was present with Abu Bakr who said, `Umar has come to me and said, The people have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be more casualties among the Qurra' (those who know the Qur'an by heart) at other battle-fields, whereby a large part of the Qur'an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur'an." Abu Bakr added, "I said to `Umar, 'How can I do something which Allah's Apostle has not done?' `Umar said (to me), 'By Allah, it is (really) a good thing.' So `Umar kept on pressing, trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as `Umar." (Zaid bin Thabit added:) `Umar was sitting with him (Abu Bakr) and was not speaking. me). "You are a wise young man and we do not suspect you (of telling lies or of forgetfulness): and you used to write the Divine Inspiration for Allah's Apostle. Therefore, look for the Qur'an and collect it (in one manuscript). " By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur'an. I said to both of them, "How dare you do a thing which the Prophet has not done?" Abu Bakr said, "By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and `Umar. So I started locating Qur'anic material and collecting it from parchments, scapula, leaf-stalks of date palms and from the memories of men (who knew it by heart). I found with Khuza`ima two Verses of Surat-at-Tauba which I had not found with anybody else, (and they were):-- "Verily there has come to you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty He (Muhammad) is ardently anxious over you (to be rightly guided)" (9.128) The manuscript on which the Qur'an was collected, remained with Abu Bakr till Allah took him unto Him, and then with `Umar till Allah took him unto Him, and finally it remained with Hafsa, `Umar's daughter.

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

The companions of Suffa were poor people. The Prophet once said, "Whoever has food enough for two persons, should take a third one (from among them), and whoever has food enough for four persons, should take a fifth or a sixth (or said something similar)." Abu Bakr brought three persons while the Prophet took ten. And Abu Bakr with his three family member (who were I, my father and my mother) (the sub-narrator is in doubt whether `Abdur-Rahman said, "My wife and my servant who was common for both my house and Abu Bakr's house.") Abu Bakr took his supper with the Prophet and stayed there till he offered the `Isha' prayers. He returned and stayed till Allah's Apostle took his supper. After a part of the night had passed, he returned to his house. His wife said to him, "What has detained you from your guests?" He said, "Have you served supper to them?" She said, "They refused to take supper until you come. They (i.e. some members of the household) presented the meal to them but they refused (to eat)" I went to hide myself and he said, "O Ghunthar!" He invoked Allah to cause my ears to be cut and he rebuked me. He then said (to them): Please eat!" and added, I will never eat the meal." By Allah, whenever we took a handful of the meal, the meal grew from underneath more than that handful till everybody ate to his satisfaction; yet the remaining food was more than the original meal. Abu Bakr saw that the food was as much or more than the original amount. He called his wife, "O sister of Bani Firas!" She said, "O pleasure of my eyes. The food has been tripled in quantity." Abu Bakr then started eating thereof and said, "It (i.e. my oath not to eat) was because of Sa all." He took a handful from it, and carried the rest to the Prophet. So that food was with the Prophet . There was a treaty between us and some people, and when the period of that treaty had elapsed, he divided US into twelve groups, each being headed by a man. Allah knows how many men were under the command of each leader. Anyhow, the Prophet surely sent a leader with each group. Then all of them ate of that meal.

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

I said, "O Allah's Apostle! I let loose my hound after a game and mention Allah's Name on sending it." The Prophet said, "If you let loose your hound after a game and you mention Allah's Name on sending it and the hound catches and kills the game and eats of it, then you should not eat of it, for it has killed it for itself." I said, "Sometimes when I send my hound after a game, I find another hound along with it and I do not know which of them has caught the game." He said, "You must not eat of it because you have not mentioned, the Name of Allah except on sending your own hound, and you did not mention it on the other hound." Then I asked him about the game hunted with a Mi'rad (i.e. a sharp edged piece of wood or a piece of wood provided with a sharp piece of iron used for hunting). He said, "If the game is killed with its sharp edge, you can eat of it, but if it is killed by its broad side (shaft), you cannot eat of it, for then it is like an animal beaten to death with a piece of wood."

Once a daughter of Allah's Apostle sent a message to Allah's Apostle while Usama, Sa`d, and my father or Ubai were (sitting there) with him. She said, (in the message); My child is going to die; please come to us." Allah's Apostle returned the messenger and told him to convey his greetings to her, and say, "Whatever Allah takes, is for Him and whatever He gives is for Him, and everything with Him has a limited fixed term (in this world): so she should be patient and hope for Allah's reward." Then she again sent for him swearing that he should come; so The Prophet got up, and so did we. When he sat there (at the house of his daughter), the child was brought to him, and he took him into his lap while the child's breath was disturbed in his chest. The eyes of Allah's Apostle started shedding tears. Sa`d said, "What is this, O Allah's Apostle?" The Prophet said, "This is the mercy which Allah has lodged in the hearts of whoever He wants of His slaves, and verily Allah is merciful only to those of His slaves who are merciful (to others).'

A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Book (Laws)." His opponent stood up and said, "He has said the truth, so judge between us according to Allah's Laws." The bedouin said, "My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death,' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year of exile.' " The Prophet said, "I shall judge between you according to Allah's Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!" The Prophet addressed some man, "Go in the morning to the wife of this man and stone her to death." So Unais went to her the next morning and stoned her to death.

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

The daughter of the Prophet (p.b.u.h) sent (a messenger) to the Prophet requesting him to come as her child was dying (or was gasping), but the Prophet returned the messenger and told him to convey his greeting to her and say: "Whatever Allah takes is for Him and whatever He gives, is for Him, and everything with Him has a limited fixed term (in this world) and so she should be patient and hope for Allah's reward." She again sent for him, swearing that he should come. The Prophet got up, and so did Sa`d bin 'Ubada, Mu`adh bin Jabal, Ubai bin Ka`b, Zaid bin Thabit and some other men. The child was brought to Allah's Apostle while his breath was disturbed in his chest (the sub-narrator thinks that Usama added: ) as if it was a leather water-skin. On that the eyes of the Prophet (p.b.u.h) started shedding tears. Sa`d said, "O Allah's Apostle! What is this?" He replied, "It is mercy which Allah has lodged in the hearts of His slaves, and Allah is merciful only to those of His slaves who are merciful (to others).