Abdullah b. Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) returned to the Jews of Khaibar the date-palms of Khaibar and its land on the condition that they should work upon them with their own wealth (seeds, implements), and give half of the yield to Allah's Messenger (may peace be upon him).

Allah's Apostle said, "Help your brother, whether he is an oppressor or he is an oppressed one. People asked, "O Allah's Apostle! It is all right to help him if he is oppressed, but how should we help him if he is an oppressor?" The Prophet said, "By preventing him from oppressing others."

Ibn `Umar assumed Ihram and said, "If something should intervene between me and the Ka`ba, then I will do what the Prophet did when the Quraish infidels intervened between him and (the Ka`ba). Then Ibn `Umar recited: "You have indeed in Allah's Apostle A good example to follow." (33.21)

The Prophet (saws) commanded to apply collyrium mixed with musk at the time of sleep. He said: A man who is fasting should abstain from it.

Abu Dawud said: Yahya b. Ma'in said to me: This tradition about the use of collyrium is munkar (i.e. contradicts the sound traditions on the subject).

'Uwaimir came to `Asim bin `Adi who was the chief of Bani Ajlan and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e. the husband), or what should he do? Please ask Allah's Apostle about this matter on my behalf." `Asim then went to the Prophet and said, "O Allah's Apostle! (And asked him that question) but Allah's Apostle disliked the question," When 'Uwaimir asked `Asim (about the Prophet's answer) `Asim replied that Allah's Apostle disliked such questions and considered it shameful. "Uwaimir then said, "By Allah, I will not give up asking unless I ask Allah's Apostle about it." Uwaimir came (to the Prophet ) and said, "O Allah's Apostle! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Qisas) or what should he do?" Allah's Apostle said, "Allah has revealed regarding you and your wife's case in the Qur'an "So Allah's Apostle ordered them to perform the measures of Mula'ana according to what Allah had mentioned in His Book. So 'Uwaimir did Mula'ana with her and said, "O Allah's Apostle! If I kept her I would oppress her." So 'Uwaimir divorced her and so divorce became a tradition after them for those who happened to be involved in a case of Mula'ana. Allah's Apostle then said, "Look! If she (Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahra then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allah's Apostle had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.

When the delegates of the tribe of Hawazin came to the Prophet and they requested him to return their properties and captives. The Prophet stood up and said to them, "I have other people with me in this matter (as you see) and the most beloved statement to me is the true one; you may choose either the properties or the prisoners as I have delayed their distribution." The Prophet had waited for them for more than ten days since his arrival from Ta'if. So, when it became evident to them that the Prophet was not going to return them except one of the two, they said, "We choose our prisoners." The Prophet got up amongst the people and glorified and praised Allah as He deserved and said, "Then after, these brethren of yours have come to us with repentance, and I see it logical to return them the captives. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you likes to stick to his share till we recompense him from the very first war booty which Allah will give us, then he can do so (i.e. give up the present captives)." The people unanimously said, "We do that (return the captives) willingly." The Prophet said, "We do not know which of you has agreed to it and which have not, so go back and let your leaders forward us your decision." So, all the people then went back and discussed the matter with their leaders who returned and informed the Prophet that all the people had willingly given their consent to return the captives. This is what has reached us about the captives of Hawazin. Narrated Anas that `Abbas said to the Prophet, "I paid for my ransom and `Aqil's ransom."

When the delegates of the tribe of Hawazin came to the Prophet they requested him to return their property and their captives. He said to them, "This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you." When the Prophet had returned from Ta'if, he waited for them for more than ten nights. When they came to know that the Prophet would not return except one of the two, they chose their captives. The Prophet then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, "Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first Fai (i.e. war booty) which Allah will give us, then he can do so." The people said, "We return (the captives) to them willingly as a favor, O Allah's Apostle!" The Prophet said, "I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me." The people went away, and their leaders discussed the matter with them, and then came to the Prophet to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, "This is what we know about the captives, of Hawazin.")

When the delegate of Hawazin came to Allah's Apostle declaring their conversion to Islam and asked him to return their properties and captives, Allah's Apostle got up and said to them, "There Is involved in this matter, the people whom you see with me, and the most beloved talk to me, is the true one. So choose one of two alternatives: Either the captives or the properties. I have been waiting for you (i.e. have not distributed the booty)." Allah's Apostle had delayed the distribution of their booty over ten nights after his return from Ta'if. So when they came to know that Allah's Apostle was not going to return to them but one of the two, they said, "We prefer to have our captives." So Allah's Apostle got up amongst the Muslims, and praising Allah as He deserved, said, "To proceed! Your brothers have come to you with repentance and I see (it logical) to return their captives. So, whoever of you likes to do that as a favor then he can do it. And whoever of you likes to stick to his share till we give him from the very first booty which Allah will give us, then he can do so." The people said, "We do that (i.e. return the captives) willingly as a favor, 'O Allah's Apostle!" Allah's Apostle said, "We do not know which of you have agreed to it and which have not; so go back and let your chiefs forward us your decision." They went back and their chief's spoke to them, and they (i.e. the chiefs) returned to Allah's Apostle and informed him that all of them had agreed (to give up their captives) with pleasure, and had given their permission (i.e. that the captives be returned to their people). (The sub-narrator said, "That is what has reached me about the captives of Hawazin tribe.")

Thereupon, Imran got angry and said to the man: Do you find in the Qur'an that one dirham is due on forty dirhams (as Zakat), and one goat is due on such-and-such number of goats, and one camel will be due on such-and-such number of camels?

He replied: No.

He said: From whom did you take it? You took it from us, from the Messenger of Allah (saws).

He mentioned many similar things.

A man of ad-Dabab, said: When the Prophet (saws) became free from the people of Badr I brought to him a colt of my mare called al-Qarha' I said: Muhammad, I have brought a colt of a al-Qarha' , so that you may take it. He said: I have no need of it. If you wish that I give you a select coat of mail from (the spoils of) Badr, I shall do it. I said: I cannot give you today a colt in exchange. He said: Then I have no need of it.

Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit until it had become mellow. He was asked, "Messenger ofAllah! What do you mean by become mellow?" He said, "When it becomes rosy."

The Messenger of Allah, may Allah bless him and grant him peace, added, "Allah may prevent the fruit from maturing, so how can you take payment from your brother for it."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I was serving wine to Abu Ubayda ibn al-Jarrah and Abu Talha al-Ansari and Umayy ibn Kab. The wine had been prepared from crushed ripe dates and dried dates. Someone came to them and said, 'Wine has been made haram.' Abu Talha ordered me to go and take the jugs and break them. I stood up and went to a mortar of ours and I struck them with the bottom of it until they broke."

Yahya related to me from Malik from Da'ud ibn al-Husayn that Abu Ghatafan ibn Tarif al-Murri informed him that Marwan ibn al-Hakam sent him to Abdullah ibn Abbas to ask him what there was for the molar. Abdullah ibn Abbas said, "There are five camels for it." He said, "Marwan sent me back again to Abdullah ibn Abbas.'' He said, "Do you make front teeth like molars?" Abdullah ibn Abbas said, "It is enough that you take the fingers as the example for that, their blood-moneys being all the same."

Malik said that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked, "Does one deal more harshly in taking the blood-money in the sacred month?" They said, "No. But it is increased in it because of violating the month." It was said to Said, "Does one increase for the wound as one increases for the life?" He said, "Yes."

Malik added, "I think that they meant the same as what Umar ibn al-Khattab did with respect to the blood-money of the Mudliji when he struck his son." (i.e. giving 120 camels instead of 100).

Once Sa`da bint Zam`a went out at night for some need, and `Umar saw her, and recognizing her, he said (to her), "By Allah, O Sa`da! You cannot hide yourself from us." So she returned to the Prophet and mentioned that to him while he was sitting in my dwelling taking his supper and holding a bone covered with meat in his hand. Then the Divine Inspiration was revealed to him and when that state was over, he (the Prophet was saying: "O women! You have been allowed by Allah to go out for your needs."

If `Ali had spoken anything bad about `Uthman then he would have mentioned the day when some persons came to him and complained about the Zakat officials of `Uthman. `Ali then said to me, "Go to `Uthman and say to him, 'This document contains the regulations of spending the Sadaqa of Allah's Apostle so order your Zakat officials to act accordingly." I took the document to `Uthman. `Uthman said, "Take it away, for we are not in need of it." I returned to `Ali with it and informed him of that. He said, "Put it whence you took it."

`Itban bin Malik used to lead his people (tribe) in prayer and was a blind man, he said to Allah's Apostle , "O Allah's Apostle! At times it is dark and flood water is flowing (in the valley) and I am blind man, so please pray at a place in my house so that I can take it as a Musalla (praying place)." So Allah's Apostle went to his house and said, "Where do you like me to pray?" 'Itban pointed to a place in his house and Allah's Apostle, offered the prayer there.

"The Messenger of Allah (saws) took a camel of a particular age on loan. He gave back to him a camel of a better age than the one he was given. He said: 'The best among you is the best in repaying.'"

He said: There is something on this topic from Abu Rafi'.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. Shu'bah and Sufyan reported it from Salamah.

This is acted upon according to some of the people of knowledge, they saw no harm is taking a camel of a particular age as a loan. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. But some of them disliked that.

"A slave came to give the pledge to the Prophet (saws) for Hijrah, but the Prophet (saws) did not realize that he was a slave. So his master came, and the Prophet (saws) said: 'Sell him to me.' So he purchased him for two black slaves. After this he (saws) would not take the pledge from anyone until he asked him if he was a slave."

[He said:] There is something on this topic from Ibn 'Abbas.

[Abu 'Eisa said:] The Hadith of Jabir is Hasan Gharib Sahih, we do not know of it except as a narration of Abu Az-Zubair.

(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling. He came out and said, "I am only a human being, and opponents come to me (to settle their problems); maybe someone amongst you can present his case more eloquently than the other, whereby I may consider him true and give a verdict in his favor. So, If I give the right of a Muslim to another by mistake, then it is really a portion of (Hell) Fire, he has the option to take or give up (before the Day of Resurrection).

The Prophet arranged for a horse race amongst the horses that had been made lean to take place between Al-Hafya'' and Thaniyat Al-Wada` (i.e. names of two places) and the horses which had not been mad.? lean from Ath-Thaniyat to the mosque of Bani Zuraiq. I was also amongst those who took part in that horse race. Sufyan, a sub-narrator, said, "The distance between Al-Hafya and Thaniya Al- Wada` is five or six miles; and between Thaniya and the mosque of Bani Zuraiq is one mile."

`Urwa said, "Aisha told me that Allah's Apostle used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives, Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya married Qariba and Abu Jahm married the other." When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if any of your wives have gone from you to the unbelievers and you have an accession (by the coming over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of what they had spent (on their Mahr)." (60.11) So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet requesting him to return Abu Basir.

Abu Dawud said: I read in a document possessed by Abdullah ibn Salim at Hims: Abdullah ibn Mu'awiyah al-Ghadiri reported the Prophet (saws) as saying: He who performs three things will have the taste of the faith. (They are:) One who worships Allah alone and one believes that there is no god but Allah; and one who pays the zakat on his property agreeably every year. One should not give an aged animal, nor one suffering from itch or ailing, and one most condemned, but one should give animals of medium quality, for Allah did not demand from you the best of your animals, nor did He command you to give the animals of worst quality.

A man came to Allah's Apostle and said, "O Allah's Apostle! Suppose a man saw another man with his wife, should he kill him whereupon you might kill him (i.e. the killer) (in Qisas) or what should he do?" So Allah revealed concerning their case what is mentioned of the order of Mula'ana. Allah's Apostle said to the man, "The matter between you and your wife has been decided." So they did Mula'ana in the presence of Allah's Apostle and I was present there, and then the man divorced his wife. So it became a tradition to dissolve the marriage of those spouses who were involved in a case of Mula'ana. The woman was pregnant and the husband denied that he was the cause of her pregnancy, so the son was (later) ascribed to her. Then it became a tradition that such a son would be the heir of his mother, and she would inherit of him what Allah prescribed for her.

When we prayed with the Prophet we used to say: As-Salam be on Allah from His worshipers, As- Salam be on Gabriel, As-Salam be on Michael, As-Salam be on so-and-so. When the Prophet finished his prayer, he faced us and said, "Allah Himself is As-Salam (Peace), so when one sits in the prayer, one should say, 'at-Tahiyatu-li l-lahi Was-Salawatu, Wat-Taiyibatu, As-Salamu 'Alaika aiyuhan- Nabiyyu wa Rah-matul-iahi wa Barakatuhu, As-Salamu 'Alaina wa 'ala 'Ibadillahi assalihin, for if he says so, then it will be for all the pious slave of Allah in the Heavens and the Earth. (Then he should say), 'Ash-hadu an la ilaha illalllahu wa ash-hadu anna Muhammadan `Abduhu wa rasulu-hu,' and then he can choose whatever speech (i.e. invocation) he wishes " (See Hadith No. 797, Vol. 1).

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

The Prophet said, "The believers will be kept (waiting) on the Day of Resurrection so long that they will become worried and say, "Let us ask somebody to intercede far us with our Lord so that He may relieve us from our place.

Then they will go to Adam and say, 'You are Adam, the father of the people. Allah created you with His Own Hand and made you reside in His Paradise and ordered His angels to prostrate before you, and taught you the names of all things will you intercede for us with your Lord so that He may relieve us from this place of ours? Adam will say, 'I am not fit for this undertaking.' He will mention his mistakes he had committed, i.e., his eating off the tree though he had been forbidden to do so. He will add, 'Go to Noah, the first prophet sent by Allah to the people of the Earth.' The people will go to Noah who will say, 'I am not fit for this undertaking' He will mention his mistake which he had done, i.e., his asking his Lord without knowledge.' He will say (to them), 'Go to Abraham, Khalil Ar-Rahman.' They will go to Abraham who will say, 'I am not fit for this undertaking. He would mention three words by which he told a lie, and say (to them). 'Go to Moses, a slave whom Allah gave the Torah and spoke to, directly and brought near Him, for conversation.'

They will go to Moses who will say, 'I am not fit for this undertaking. He will mention his mistake he made, i.e., killing a person, and will say (to them), 'Go to Jesus, Allah's slave and His Apostle, and a soul created by Him and His Word.' (Be: And it was.) They will go to Jesus who will say, 'I am not fit for this undertaking but you'd better go to Muhammad the slave whose past and future sins have been forgiven by Allah.' So they will come to me, and I will ask my Lord's permission to enter His House and then I will be permitted. When I see Him I will fall down in prostration before Him, and He will leave me (in prostration) as long as He will, and then He will say, 'O Muhammad, lift up your head and speak, for you will be listened to, and intercede, for your intercession will be accepted, and ask (for anything) for it will be granted:' Then I will raise my head and glorify my Lord with certain praises which He has taught me. Allah will put a limit for me (to intercede for a certain type of people) I will take them out and make them enter Paradise." (Qatada said: I heard Anas saying that), the Prophet said, "I will go out and take them out of Hell (Fire) and let them enter Paradise, and then I will return and ask my Lord for permission to enter His House and I will be permitted.

When I will see Him I will fall down in prostration before Him and He will leave me in prostration as long as He will let me (in that state), and then He will say, 'O Muhammad, raise your head and speak, for you will be listened to, and intercede, for your intercession will be accepted, and ask, your request will be granted.' " The Prophet added, "So I will raise my head and glorify and praise Him as He has taught me. Then I will intercede and He will put a limit for me (to intercede for a certain type of people). I will take them out and let them enter Paradise." (Qatada added: I heard Anas saying that) the Prophet said, 'I will go out and take them out of Hell (Fire) and let them enter Paradise, and I will return for the third time and will ask my Lord for permission to enter His house, and I will be allowed to enter.

When I see Him, I will fall down in prostration before Him, and will remain in prostration as long as He will, and then He will say, 'Raise your head, O Muhammad, and speak, for you will be listened to, and intercede, for your intercession will be accepted, and ask, for your request will be granted.' So I will raise my head and praise Allah as He has taught me and then I will intercede and He will put a limit for me (to intercede for a certain type of people). I will take them out and let them enter Paradise." (Qatada said: I heard Anas saying that) the Prophet said, "So I will go out and take them out of Hell (Fire) and let them enter Paradise, till none will remain in the Fire except those whom Quran will imprison (i.e., those who are destined for eternal life in the fire)." The narrator then recited the Verse:-- "It may be that your Lord will raise you to a Station of Praise and Glory.' (17.79) The narrator added: This is the Station of Praise and Glory which Allah has promised to your Prophet.

Yahya related to me from Malik from Muhammad ibn al-Munkadir and from Salim ibn Abi'n-Nadr, the mawla of Umar ibn Ubaydullah that Amir ibn Sad ibn Abi Waqqas heard his father ask Usama ibn Zayd, "Have you heard anything from the Messenger of Allah, may Allah bless him and grant him peace, about the plague?" Usama said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The plague is a punishment that was sent down on a party of the Banu Israil or whoever was before them. When you hear of it in a land, do not enter it. If it comes upon a land and you are in it, do not depart in flight from it.' "

Malik said that Abu'n-Nadr said, "That is, do not depart with no other intention but flight."

Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd al-Malik, from Ata ibn Yazid al-Laythi that Abu Hurayra said, "Whoever says 'Glory be to Allah' (Subhana'llah) thirty- three times and 'Allah is Greater' (Allahu akbar) thirty-three times and 'Praise be to Allah' (al-hamdu lillah) thirty-three times, and seals the hundred with 'There is no god but Allah, alone without any partner. The Kingdom and praise belong to Him and He has power over everything' (La ilaha illa'llah, wahdahu la sharika lah, lahu'l mulku wa lahu'l hamd, wa huwa ala kulli shay'in qadir) after every prayer will have his wrong actions forgiven him even if they are abundant as the foam on the sea."

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al Musayyab being asked about making up days missed in Ramadan, and Said said, "What I like best is for days missed in Ramadan to be made up consecutively, and not separately."

Yahya said that he had heard Malik say, about some one who made up the days he had missed in Ramadan separately, that he did not have to repeat them. (What he had done) was enough for him. It was, however, preferable, if he did them consecutively.

Malik said, "Whoever eats or drinks thoughtlessly or forgetfully in Ramadan or during any other obligatory fast that he must do, has to fast another day in its place."

That `Amra bint `Abdur-Rahman had told him, "Zaid bin Abu Sufyan wrote to `Aisha that `Abdullah bin `Abbas had stated, 'Whoever sends his Hadi (to the Ka`ba), all the things which are illegal for a (pilgrim) become illegal for that person till he slaughters it (i.e. till the 10th of Dhul-Hijja).' " `Amra added, `Aisha said, 'It is not like what Ibn `Abbas had said: I twisted the garlands of the Hadis of Allah's Apostle with my own hands. Then Allah's Apostle put them round their necks with his own hands, sending them with my father; Yet nothing permitted by Allah was considered illegal for Allah's Apostle till he slaughtered the Hadis.' "

"I heard Sulaim bin 'Amir saying: 'There was a treaty between Mu'awiyah and the people of Rome. He was making an expedition into their lands so that when the period of the treaty was expires he would attack them. So when a man upon an animal' - or - 'upon a horse said: "Allahu Akbar! Fulfillment not betrayal!" - and it turned out to be 'Amr bin 'Abasah - Mu'awiyah asked him about that. He said: "I heard the Messenger of Allah (saws) said: 'Whoever has a treaty between himself and a people, then let him not violate the treaty nor try to change it until its time has passed, or , in retribution for a similar offense.'" He said: "So Mu'awiyah returned with the people."

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

That while he was with a delegation from Quraish to Muawiya, the latter heard the news that `Abdullah bin `Amr bin Al-`As said that there would be a king from the tribe of Qahtan. On that Muawiya became angry, got up and then praised Allah as He deserved, and said, "Now then, I have heard that some men amongst you narrate things which are neither in the Holy Book, nor have been told by Allah's Apostle. Those men are the ignorant amongst you. Beware of such hopes as make the people go astray, for I heard Allah's Apostle saying, 'Authority of ruling will remain with Quraish, and whoever bears hostility to them, Allah will destroy him as long as they abide by the laws of the religion.' "

We went out with Allah's Apostle in the year of Al-Hudaibiya. One night it rained and Allah's Apostle led us in the Fajr prayer and (after finishing it), turned to us and said, "Do you know what your Lord has said?" We replied, "Allah and His Apostle know it better." He said, "Allah said:-- "(Some of) My slaves got up believing in Me, And (some of them) disbelieving in Me. The one who said: We have been given Rain through Allah's Mercy and Allah's Blessing and Allah's Bounty, then he is a believer in Me, and is a disbeliever in the star. And whoever said: We have been given rain because of such and- such star, then he is a believer in the star, and is a disbeliever in Me."

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.

"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."