Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

Hakim bin Hizam said, "(Once) I asked Allah's Apostle (for something) and he gave it to me. Again I asked and he gave (it to me). Again I asked and he gave (it to me). And then he said, "O Hakim! This property is like a sweet fresh fruit; whoever takes it without greediness, he is blessed in it, and whoever takes it with greediness, he is not blessed in it, and he is like a person who eats but is never satisfied; and the upper (giving) hand is better than the lower (receiving) hand." Hakim added, "I said to Allah's Apostle , 'By Him (Allah) Who sent you with the Truth, I shall never accept anything from anybody after you, till I leave this world.' " Then Abu Bakr (during his caliphate) called Hakim to give him his share from the war booty (like the other companions of the Prophet ), he refused to accept anything. Then `Umar (during his caliphate) called him to give him his share but he refused. On that `Umar said, "O Muslims! I would like you to witness that I offered Hakim his share from this booty and he refused to take it." So Hakim never took anything from anybody after the Prophet till he died.

When `Umar got a piece of land in Khaibar, he came to the Prophet saying, "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet said, "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowments on the condition that the land would neither be sold nor given as a present, nor bequeathed, (and its yield) would be used for the poor, the kinsmen, the emancipation of slaves, Jihad, and for guests and travelers; and its administrator could eat in a reasonable just manner, and he also could feed his friends without intending to be wealthy by its means."

Narrated Said bin Al-Musaiyab:

When the first civil strife (in Islam) took place because of the murder of 'Uthman, it left none of the Badr warriors alive. When the second civil strife, that is the battle of Al-Harra, took place, it left none of the Hudaibiya treaty companions alive. Then the third civil strife took place and it did not subside till it had exhausted all the strength of the people.

Umar bin Khattab got some land in Khaibar and he went to the Prophet to consult him about it saying, "O Allah's Apostle I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet said, "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future."

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me, and I asked him again and he gave me and said, 'O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand." Hakim added, "I said, O Allah's Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die." Afterwards Abu Bakr used to call Hakim to give him something but he refused to accept anything from him. Then `Umar called him to give him (something) but he refused. Then `Umar said, "O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it." Thus Hakim did not ask anybody for anything after the Prophet, till he died--may Allah bestow His mercy upon him.

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me. I asked him again, and he gave me, and said to me. 'O Hakim! This wealth is like green sweet (i.e. fruit), and if one takes it without greed, then one is blessed in it, and if one takes it with greediness, then one is not blessed in it, and will be like the one who eats without satisfaction. And an upper (i.e. giving) hand is better than a lower (i.e. taking) hand,' I said, 'O Allah's Apostle! By Him Who has sent you with the Truth. I will not ask anyone for anything after you till I leave this world." So, when Abu Bakr during his Caliphate, called Hakim to give him (some money), Hakim refused to accept anything from him. Once `Umar called him (during his Caliphate) in order to give him something, but Hakim refused to accept it, whereupon `Umar said, "O Muslims! I give him (i.e. Hakim) his right which Allah has assigned to him) from this Fai '(booty), but he refuses to take it." So Hakim never took anything from anybody after the Prophet till he died.

In the lifetime of Allah's Apostle , `Umar gave in charity some of his property, a garden of date-palms called Thamgh. `Umar said, "O Allah's Apostle! I have some property which I prize highly and I want to give it in charity." The Prophet; said, "Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity." So `Umar gave it in charity, and it was for Allah's Cause, the emancipation of slaves, for the poor, for guests, for travelers, and for kinsmen. The person acting as its administrator could eat from it reasonably and fairly, and could let a friend of his eat from it provided he had no intention of becoming wealthy by its means.

When Muawiya bin Abu Sufyan came to Medina for the last time, he delivered a sermon before us. He took out a tuft of hair and said, "I never thought that someone other than the Jews would do such a thing (i.e. use false hair). The Prophet named such a practice, 'Az-Zur' (i.e. falsehood)," meaning the use of false hair.

Mu'awiya came to Medina for the last time and delivered a sermon. He took out a tuft of hair and said, "I thought that none used to do this (i.e. use false hair) except Jews. The Prophet labelled such practice, (i.e. the use of false hair), as cheating.

Ibn `Umar asked me about some matters concerning `Umar. He said, "Since Allah's Apostle died. I have never seen anybody more serious, hard working and generous than `Umar bin Al-Khattab (till the end of his life."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

I heard Allah's Apostle saying, Allah divided Mercy into one hundred parts. He kept ninety nine parts with Him and sent down one part to the earth, and because of that, its one single part, His Creations are merciful to each other, so that even the mare lifts up its hoofs away from its baby animal, lest it should trample on it."

Abu Dawud said: Ibn 'Umar used to sit in ihtiba position while the imam gave the Friday sermon. Anas b. Malik, Shuraih, Sa'sa'ah b. Sawhan, Sa'id b. al-Musayyib, Ibrahim al-Nakha'i, Makhul, Isma'il, Ismail b. Muhammad b. Sa'd, and Nu'aim b. Sulamah said: There is no harm in sitting in ihtiba position.

Abu Dawud said: I do not know whether anyone considered it disapproved except 'Ubadah b. Nasayy.

When (the dead body of) `Umar was put on his deathbed, the people gathered around him and invoked (Allah) and prayed for him before the body was taken away, and I was amongst them. Suddenly I felt somebody taking hold of my shoulder and found out that he was `Ali bin Abi Talib. `Ali invoked Allah's Mercy for `Umar and said, "O `Umar! You have not left behind you a person whose deeds I like to imitate and meet Allah with more than I like your deeds. By Allah! I always thought that Allah would keep you with your two companions, for very often I used to hear the Prophet saying, 'I, Abu Bakr and `Umar went (somewhere); I, Abu Bakr and `Umar entered (somewhere); and I, Abu Bakr and `Umar went out."'

We were with the Prophet and fresh dates of a palm tree were brought to him. On that he said, "Amongst the trees, there is a tree which resembles a Muslim." I wanted to say that it was the datepalm tree but as I was the youngest of all (of them) I kept quiet. And then the Prophet said, "It is the date-palm tree."