11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

The Prophet (saws) said: If anyone is called by my name, he must not be given my kunyah (surname), and if anyone uses my kunyah (surname), he must not be called by my name.

Abu Dawud said: Ibn 'Ajlan transmitted it to the same effect from his father on the authority if Abu Hurairah. It has also been transmitted by Abu Zar'ah from Abu Hurairah in two different versions. And similar is the version of 'Abd al-Rahman b. Abi 'Amrah from Abu Hurairah. This version is disputed: Al-Thawri and Ibn Juraij transmitted it according to the version of Abu al-Zubair; and Ma'qil b. 'Ubaid Allah transmitted it according to the version of Ibn Sirin. It is again dispted on Musa b. Yasar from Abu Hurariah, transmitting it in two versions: Hammad b. Khalid and Ibn Abi Fudaik varied in their versions.

When the time of the death of the Prophet approached while there were some men in the house, and among them was `Umar bin Al-Khatttab, the Prophet said, "Come near let me write for you a writing after which you will never go astray." `Umar said, "The Prophet is seriously ill, and you have the Qur'an, so Allah's Book is sufficient for us." The people in the house differed and disputed. Some of them said, "Come near so that Allah's Apostle may write for you a writing after which you will not go astray," while some of them said what `Umar said. When they made much noise and differed greatly before the Prophet, he said to them, "Go away and leave me." Ibn `Abbas used to say, "It was a great disaster that their difference and noise prevented Allah's Apostle from writing that writing for them.

I asked: Messenger of Allah (saws) may I wipe over the socks? He replied: Yes. He asked: For one day? He replied: For one day. He again asked: And for two days? He replied: For two days too. He again asked: And for three days? He replied: Yes, as long as you wish.

Abu Dawud said: Another version says: He asked him about the period until he reached the period of seven days. The Messenger of Allah (saws) replied: Yes, as long as you wish (i.e. there is no time limit).

Abu Dawud said: There is a variance in the chain of narrators of this tradition. The chain is not strong.

Another chain from Yahya b. Ayyub is also disputed.

The people of Kufa disagreed (disputed) about the above Verse. So I went to Ibn `Abbas and asked him about it. He said, "This Verse:-- "And whoever kills a believer intentionally, his recompense is Hell." was revealed last of all (concerning premeditated murder) and nothing abrogated it."

During the days (of the battle) of Al-Jamal, Allah benefited me with a word I had heard from Allah's Apostle after I had been about to join the Companions of Al-Jamal (i.e. the camel) and fight along with them. When Allah's Apostle was informed that the Persians had crowned the daughter of Khosrau as their ruler, he said, "Such people as ruled by a lady will never be successful."

I went to Abu Wail to ask him (about those who had rebelled against `Ali). On that Abu Wail said, "We were at Siffin (a city on the bank of the Euphrates, the place where me battle took place between `Ali and Muawiya) A man said, "Will you be on the side of those who are called to consult Allah's Book (to settle the dispute)?" `Ali said, 'Yes (I agree that we should settle the matter in the light of the Qur'an)." ' Some people objected to `Ali's agreement and wanted to fight. On that Sahl bin Hunaif said, 'Blame yourselves! I remember how, on the day of Al-Hudaibiya (i.e. the peace treaty between the Prophet and the Quraish pagans), if we had been allowed to choose fighting, we would have fought (the pagans). At that time `Umar came (to the Prophet) and said, "Aren't we on the right (path) and they (pagans) in the wrong? Won't our killed persons go to Paradise, and theirs in the Fire?" The Prophet replied, "Yes." `Umar further said, "Then why should we let our religion be degraded and return before Allah has settled the matter between us?" The Prophet said, "O the son of Al-Khattab! No doubt, I am Allah's Apostle and Allah will never neglect me." So `Umar left the place angrily and he was so impatient that he went to Abu Bakr and said, "O Abu Bakr! Aren't we on the right (path) and they (pagans) on the wrong?" Abu Bakr said, "O the son of Al-Khattab! He is Allah's Apostle, and Allah will never neglect him." Then Sura Al-Fath (The Victory) was revealed."

The Messenger of Allah (saws) taught me some words that I say during the witr. (The version of Ibn Jawwas has: I say them in the supplication of the witr.) They were: "O Allah, guide me among those Thou hast guided, grant me security among those Thou hast granted security, take me into Thy charge among those Thou hast taken into Thy charge, bless me in what Thou hast given, guard me from the evil of what Thou hast decreed, for Thou dost decree, and nothing is decreed for Thee. He whom Thou befriendest is not humbled. Blessed and Exalted art Thou, our Lord."

The Prophet (saws) said: When one of you prays facing a sutrah he should keep close to it, and not let the devil interrupt his prayer.

Abu Dawud said: This tradition has also been narrated by Waqid b. Muhammad from Safwan from Muhammad b. Sahl on the authority of his father, or on the authority of Muhammad b. Sahl from the Prophet (saws). Some have narrated it from Nafi' b. Jubair on the authority of Sahl b. Sa'd. There is a variation in the chain of its narrators.

Ibn Abza said to me, "Ask Ibn `Abbas regarding the Statement of Allah: 'And whoever murders a believer intentionally, his recompense is Hell.' (4.69) And also His Statement: '...nor kill such life as Allah has forbidden, except for a just cause .....except those who repent, believe, and do good deeds.' " (25.68-70) So I asked Ibn `Abbas and he said, "When this (25.68-69) was revealed, the people of Mecca said, "We have invoked other gods with Allah, and we have murdered such lives which Allah has made sacred, and we have committed illegal sexual intercourse. So Allah revealed: 'Except those who repent, believe, and do good deeds and Allah is Oft-Forgiving, Most Merciful.' (25.70)

I asked Az-Zuhri, "Which of the wives of the Prophet sought refuge with Allah from him?" He said "I was told by 'Urwa that `Aisha said, 'When the daughter of Al-Jaun was brought to Allah's Apostle (as his bride) and he went near her, she said, "I seek refuge with Allah from you." He said, "You have sought refuge with The Great; return to your family."

The Prophet (saws) said: (The standard) weight is the weight of the people of Mecca, and the (standard) measure is the measure of the people of Medina.

Abu Dawud said: Al-Firyabi and Abu Ahmad have also transmitted from Sufyan in a similar way, and he (Ibn Dukain) agreed with them on the text. The version of Abu Ahmad has: "from Ibn 'Abbas" instead of Ibn 'Umar. It has also been transmitted by al-Walid b. Muslim from Hanzalah. This version has: "the weight of Medina and the measure of Mecca."

Abu Dawud said: There is a variation in the text of the version of this tradition narrated by Malik b. Dinar from 'Ata' from the Prophet (saws).

When Abu Bakr; sent me to (collect the Zakat from) Bahrain, he wrote to me the following:-- (In the name of Allah, the Beneficent, the Merciful). These are the orders for compulsory charity (Zakat) which Allah's Apostle had made obligatory for every Muslim, and which Allah had ordered His Apostle to observe: Whoever amongst the Muslims is asked to pay Zakat accordingly, he should pay it (to the Zakat collector) and whoever is asked more than that (what is specified in this script) he should not pay it; for twenty-four camels or less, sheep are to be paid as Zakat; for every five camels one sheep is to be paid, and if there are between twenty-five to thirty-five camels, one Bint Makhad is to be paid; and if they are between thirty-six to forty-five (camels), one Bint Labun is to be paid; and if they are between forty-six to sixty (camels), one Hiqqa is to be paid; and if the number is between sixty-one to seventy-five (camels), one Jadha is to be paid; and if the number is between seventy-six to ninety (camels), two Bint Labuns are to be paid; and if they are from ninety-one to one-hundredand twenty (camels), two Hiqqas are to be paid; and if they are over one-hundred and-twenty (camels), for every forty (over one-hundred-and-twenty) one Bint Labun is to be paid, and for every fifty camels (over one-hundred-and-twenty) one Hiqqa is to be paid; and who ever has got only four camels, has to pay nothing as Zakat, but if the owner of these four camels wants to give something, he can. If the number of camels increases to five, the owner has to pay one sheep as Zakat. As regards the Zakat for the (flock) of sheep; if they are between forty and one-hundred-and-twenty sheep, one sheep is to be paid; and if they are between one-hundred-and-twenty to two hundred (sheep), two sheep are to be paid; and if they are between two-hundred to three-hundred (sheep), three sheep are to be paid; and for over three-hundred sheep, for every extra hundred sheep, one sheep is to be paid as Zakat. And if somebody has got less than forty sheep, no Zakat is required, but if he wants to give, he can. For silver the Zakat is one-fortieth of the lot (i.e. 2.5%), and if its value is less than two-hundred Dirhams, Zakat is not required, but if the owner wants to pay he can.'

Yahya related to me from Malik, from Yahya ibn Said, from Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked people about him and they said, "He has given directions for his sacrificial animal to be garlanded, and it is for that reason that he has put on ihram ."

Rabia said, "I then met Abdullah ibn az- Zubayr and so I mentioned this to him and he said, 'By the Lord of the Kaba, an innovation.' "

Malik was asked about some one who set out with his own sacrificial animal and marked it and garlanded it at Dhu'l-Hulayfa, but did not go into ihram until he had reached al- Juhfa,and hesaid, "I do not like that, and whoever does so has not acted properly. He should only garland his sacrificial animal, or mark it, when he goes into ihram, unless it is someone who does not intend to do hajj, in which case he sends it off and stays with his family."

Malik was asked if somone who was not in ihram could set out with a sacrificial animal, and he said, "Yes. There is no harm in that."

He was also asked to comment on the different views people had about what became haram for some one who garlanded a sacrificial animal but did not intend to do either hajj or umra, and he said, "What we go by as far as this is concerned is what A'isha, umm al-muminin said, 'The Messenger of Allah, may Allah bless him and grant him peace, sent his sacrificial animal off and did not go there himself, and there was nothing that Allah had made halal for him that was haram for him until the animal had been sacrificed.' "

I went to al-Hirah and saw them (the people) prostrating themselves before a satrap of theirs, so I said: The Messenger of Allah (saws) has most right to have prostration made before him. When I came to the Prophet (saws), I said: I went to al-Hirah and saw them prostrating themselves before a satrap of theirs, but you have most right, Messenger of Allah, to have (people) prostrating themselves before you. He said: Tell me , if you were to pass my grave, would you prostrate yourself before it? I said: No. He then said: Do not do so. If I were to command anyone to make prostration before another I would command women to prostrate themselves before their husbands, because of the special right over them given to husbands by Allah.

Some pagans who committed murders in great number and committed illegal sexual intercourse excessively, came to Muhammad and said, "O Muhammad! Whatever you say and invite people to, is good: but we wish if you could inform us whether we can make an expiration for our (past evil) deeds." So the Divine Verses came: 'Those who invoke not with Allah any other god, not kill such life as Allah has forbidden except for just cause, nor commit illegal sexual intercourse.' (25.68) And there was also revealed:-- 'Say: O My slaves who have transgressed against their souls! Despair not of the Mercy of Allah.' (39.53)

We were in our country when flags and banners were raised. I said: What is this?

The (the people) said: This is the banner of the Messenger of Allah (saws). So I came to him. He was (sitting) under a tree. A sheet of cloth was spread for him and he was sitting on it. His Companions were gathered around him. I sat with them.

The Messenger of Allah (saws) mentioned illness and said: When a believer is afflicted by illness and Allah cures him of it, it serves as an atonement for his previous sins and a warning to him for the future.

But when a hypocrite becomes ill and is then cured, he is like a camel which has been tethered and then let loose by its owners, but does not know why they tethered it and why they let it loose.

A man from among those around him asked: Messenger of Allah, what are illnesses? I swear by Allah, I never fell ill.

The Messenger of Allah (saws) said: Get up and leave us. You do not belong to our number. When we were with him, a man came to him. He had a sheet of cloth and something in his hand.

He turned his attention to him and said: Messenger of Allah, when I saw you, I turned towards you. I saw a group of trees and heard the sound of fledglings. I took them and put them in my garment. Their mother then came and began to hover round my head. I showed them to her, and she fell on them. I wrapped them with my garment. They are now with me.

He said: Put them away from you. So I put them away, but their mother stayed with them.

The Messenger of Allah (saws) said to his companions: Are you surprised at the affection of the mother for her young?

They said: Yes, Messenger of Allah. He said: I swear by Him Who has sent me with the Truth, Allah is more affectionate to His servants than a mother to her young ones. Take them back put them and where you took them from when their mother should have been with them. So he took them back.