Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting ...

I saw Allah's Apostle in a red leather tent and I saw Bilal taking the remaining water with which the Prophet had performed ablution. I saw the people taking the utilized water impatiently and whoever got some of it rubbed it on his body and those who could not get any took the moisture from the others' hands. Then I saw Bilal carrying a short spear (or stick) which he planted in the ground. The Prophet came out tucking up his red cloak, and led the people in prayer and offered two rak`at (facing the Ka`ba) taking a short spear (or stick) as a Sutra for his prayer. I saw the people and animals passing in front of him beyond the stick.

The Prophet said, "Whoever frees a Muslim slave, Allah will save all the parts of his body from the (Hell) Fire as he has freed the body-parts of the slave." Sa`id bin Marjana said that he narrated that Hadith to `Ali bin Al-Husain and he freed his slave for whom `Abdullah bin Ja`far had offered him ten thousand Dirhams or one-thousand Dinars.

Allah's Apostle said, "Once Solomon, son of David said, '(By Allah) Tonight I will have sexual intercourse with one hundred (or ninety-nine) women each of whom will give birth to a knight who will fight in Allah's Cause.' On that a (i.e. if Allah wills) but he did not say, 'Allah willing.' Therefore only one of those women conceived and gave birth to a half-man. By Him in Whose Hands Muhammad's life is, if he had said, "Allah willing', (he would have begotten sons) all of whom would have been knights striving in Allah's Cause."

That the Prophet (saws) said: "On the day of His Lord spoke to him, Musa was wearing a wool Kisa', a wool Jubbah, a wool Kummah, wool pants, and his sandals were made of the skin of a dead donkey."

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except from the the narration of Humaid Al-A'raj. And Humaid - Ibn 'Ali Al-A'raj - I Heard Muhammad saying: "Humaid bin 'Ali Al-A'raj is Munkar in Hadith." While Humaid ibn Qais Al-A'raj Al-Makki, the companion of Mujahid is trustworthy. The Kummah is a small cap.

Yahya related to me from Malik that he had heard from Amir ibn Sad ibn Abi Waqqas that his father said, "There were two brothers, one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Wasn't the other one a muslim?' They said, 'Of course, Messenger of Allah, and there was no harm in him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.' "

Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn Zayd adDili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other),saw a man standing in the sun. The Messenger asked, "What's wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."

Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."

(The Prophet) Solomon said, "Tonight I will sleep with (my) ninety wives, each of whom will get a male child who will fight for Allah's Cause." On that, his companion (Sufyan said that his companion was an angel) said to him, "Say, "If Allah will (Allah willing)." But Solomon forgot (to say it). He slept with all his wives, but none of the women gave birth to a child, except one who gave birth to a halfboy. Abu Huraira added: The Prophet said, "If Solomon had said, "If Allah will" (Allah willing), he would not have been unsuccessful in his action, and would have attained what he had desired." Once Abu Huraira added: Allah apostle said, "If he had accepted."

Allah's Apostle said, "Both of them (Moses and Al-Khadir) proceeded on till they reached a wall which was about to fall." Sa`d said [?? or Sa`id], "(Al-Khadir pointed) with his hands (towards the wall) and then raised his hands and the wall became straightened up." Ya`la said, "I think Sa`id [?? or Sa`d] said, 'He (Khadir) passed his hand over it and it was straightened up." (Moses said to him), "if you had wanted, you could have taken wages for it." Sa`id [?? or Sa`d] said, "Wages with which to buy food . "

That the Messenger of Allah (saws) said: "Do not precede the Jews and the Christians with the Salam. And if one you meets one of them in the path, then force him to its narrow portion."

[He said:] There are narrations on this topic from Ibn 'Umar, Anas, and Abu Basrah Al-Ghifari the Companion of the Prophet (saws).

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And regarding the meaning of this Hadith: "Do not precede the Jews and the Christians": Some of the poeple of knowledge said that it only means that it is disliked because it would be honoring them, and the Muslims were ordered to humiliate them. For this reason, when one of them is met on the path, then the path is not yielded for him, because doing so would amount to honoring them.

"Abdul Majid bin Wahb narrated to us, he said: 'Al-'Adda' bin Khalid bin Hawdhah said to me: "Shall I not read to you a letter that was written for me from the Messenger of Allah (saws) ?'" He said: 'I said: "Of course." So he took out a letter for me: "This is what Al-'Adda' bin Khalid bin Hawdhah purchased from Muhammad, the Messenger of Allah (saws): He purchased from him a slave' - or - 'a female slave, having no ailments, nor being a runaway, nor having any malicious behavior. Sold by a Muslim to a Muslim.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except from 'Abbad bin Laith. More than one of the people of Hadith have reported this Hadith from him.

From his father, from his grandfather, that the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they did not separate, unless they agreed to making it optional. And it is not lawful for him to separate from his companion, fearing that he will change his mind."

[Abu 'Eisa said:] This Hadith is Hasan and this means separating from him after the sale, fearing that he will change his mind. And if the separation referred to speech, and there was no option left for him after the sale, then this Hadith would be meaningless, since he (saws) said: "And it is not lawful for him to separate from his companion, fearing that he will change his mind."

The Messenger of Allah (saws) heard a person supplicating during prayer. He did not mention the greatness of Allah, nor did he invoke blessings on the Prophet (saws).

The Messenger of Allah (saws) said: He made haste.

He then called him and said either to him or to any other person: If any of you prays, he should mention the exaltation of his Lord in the beginning and praise Him; he should then invoke blessings on the Prophet (saws); thereafter he should supplicate Allah for anything he wishes.

(At the battle of Badr) Utbah ibn Rabi'ah came forward followed by his son and his brother and cried out: Who will be engaged in single combat? Some young men of the Helpers responded to his call. He asked: Who are you? They told him. He said: We do not want you; we, in fact, want only our cousins. The Prophet (saws) said: Get up Hamzah get up Ali; get up Ubaydah ibn al-Harith. Hamzah went forward to Utbah, I went forward to Shaybah; and after two blows had been exchanged between Ubaydah and al-Walid, they wounded one another severely; so we turned against al-Walid and killed him, and we carried Ubaydah away.

Another chain reports a similar hadith.

Yahya said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."

Malik added, "That is what is done in our community."

Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."

"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."

"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."

Allah's Apostle said, "Angels (of mercy) do not enter a house where there are pictures.'" The subnarrator Busr added: "Then Zaid fell ill and we paid him a visit. Behold! There was, hanging at his door, a curtain decorated with a picture. I said to 'Ubaidullah Al-Khaulani, the step son of Maimuna, the wife of the Prophet , "Didn't Zaid tell us about the picture the day before yesterday?" 'Ubaidullah said, "Didn't you hear him saying: 'except a design in a garment'?"

Ibn `Abbas addressed us on a (rainy and) muddy day and when the Mu'adh-dhin said, "Come for the prayer" Ibn `Abbas ordered him to say, "Pray in your homes." The people began to look at one another with surprise as if they did not like it. Ibn `Abbas said, "It seems that you thought ill of it but no doubt it was done by one who was better than I (i.e. the Prophet). It (the prayer) is a strict order and I disliked to bring you out." Ibn `Abbas narrated the same as above but he said, "I did not like you to make you sinful (in refraining from coming to the mosque) and to come (to the mosque) covered with mud up to the knees."

Allah's Apostle said, "Whoever has oppressed another person concerning his reputation or anything else, he should beg him to forgive him before the Day of Resurrection when there will be no money (to compensate for wrong deeds), but if he has good deeds, those good deeds will be taken from him according to his oppression which he has done, and if he has no good deeds, the sins of the oppressed person will be loaded on him."

Allah's Apostle said, "Moses the Apostle of Allah," and then he narrated the whole story about him. Al-Khadir said to Moses, "Did not I tell you that you can have no patience with me." (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses: "Call me not to account for forgetting And be not hard upon me." (18.73) "Then they met a boy and Khadir killed him." (18.74) "Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight." (18.77)

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

Malik said, "This is the best of what I have heard about the matter."

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

Malik related to me that he had heard that Abdullah ibn Masud used to say, "If someone makes a loan, they should not stipulate better than it. Even if it is a handful of grass, it is usury."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in borrowing any animals with a set description and itemisation, and one must return the like of them. This is not done in the case of female slaves. It is feared about that that it will lead to making halal what is not halal, so it is not good. The explanation of what is disapproved of in that, is that a man borrow a slave-girl and have intercourse with her as seems proper to him. Then he returns her to her owner. That is not good and it is not halal. The people of knowledge still forbid it and do not give an indulgence to any one in it."

That the Messenger of Allah (saws) passed by a pile of food. He put his fingers in it and felt wetness. He said: 'O owner of the food! What is this ?' He replied: 'It was rained upon O Messenger of Allah.' He said: 'Why not put it on top of the food so the people can see it?' Then he said: 'Whoever cheats, he is not one of us.'"

He said: There are narrations on this topic from Ibn 'Umar, Abu Al-Hamra', Ibn 'Abbas, Buraidah, Abu Burdah bin Niyar, and Hudhaifah bin Al-Yaman.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is Hasan Sahih Hadith. This is acted upon according to the people of knowledge. They dislike cheating and they say that cheating is unlawful.

AbdurRahman ibn Hasanah reported: I and Amr ibn al-'As went to the Prophet (saws). He came out with a leather shield (in his hand). He covered himself with it and urinated. Then we said: Look at him. He is urinating as a woman does. The Prophet (saws), heard this and said: Do you not know what befell a person from amongst Banu Isra'il (the children of Israel)? When urine fell on them, they would cut off the place where the urine fell; but he (that person) forbade them (to do so), and was punished in his grave.

Abu Dawud said: One version of Abu Musa has the wording: "he cut off his skin".

Another version of Abu Musa goes: "he cut off (part of) his body."

Ja'far ibn Jubayr said: I accompanied AbuBusrah al-Ghifari, a Companion of the Messenger of Allah (saws), in a boat proceeding from al-Fustat (Cairo) during Ramadan. He was lifted (to the boat), then his meal was brought to him. The narrator Ja'far said in his version: He did not go beyond the houses (of the city) but he called for the dining sheet. He said (to me): Come near. I said: Do you not see the houses? AbuBusrah said: Do you detest the sunnah (practice) of the Messenger of Allah (saws)? The narrator Ja'far said in his version: He then ate (it).

They came to an-Nu'man and said: You have set them free without beating and investigation. An-Nu'man said: What do you want? You want me to beat them. If your goods are found with them, then it is all right; otherwise, I shall take (retaliation) from your back as I have taken from their backs. They asked: Is this your decision? He said: This is the decision of Allah and His Apostle (saws).

Abu Dawud said: By this statement he frightened them ; that is, beating is not necessary except after acknowledgement.

I was with the Prophet (saws) when a man who was a murderer and had a strap round his neck was brought to him.

He then called the legal guardian of the victim and asked him: Do you forgive him?

He said: No. He asked: Will you accept the blood-money? He said: No. He asked: Will you kill him? He said: Yes. He said: Take him. When he turned his back, he said: Do you forgive him? He said: No. He said: Will you accept the blood-money? He said: No. He said: Will you kill him? He said: Yes. He said: Take him. After repeating all this a fourth time, he said: If you forgive him, he will bear the burden of his own sin and the sin of the victim. He then forgave him. He (the narrator) said: I saw him pulling the strap.

The Prophet (saws) said: Beware! I have been given the Qur'an and something like it, yet the time is coming when a man replete on his couch will say: Keep to the Qur'an; what you find in it to be permissible treat as permissible, and what you find in it to be prohibited treat as prohibited. Beware! The domestic ass, beasts of prey with fangs, a find belonging to confederate, unless its owner does not want it, are not permissible to you If anyone comes to some people, they must entertain him, but if they do not, he has a right to mulct them to an amount equivalent to his entertainment.

Allah's Apostle and one of his companions entered upon an Ansari man and the Prophet said to him, "If you have water kept overnight in a water skin, (give us), otherwise we will drink water by putting our mouth in it." The man was watering his garden then. He said, "O Allah's Apostle! I have water kept overnight; let us go to the shade." So he took them both there and poured water into a bowl and milked a domestic goat of his in it. Allah's Apostle drank, and then the man who had come along with him, drank.

Allah's Apostle said, "On the Day of Resurrection the Kanz (Treasure or wealth of which, Zakat has not been paid) of anyone of you will appear in the shape of a huge bald headed poisonous male snake and its owner will run away from it, but it will follow him and say, 'I am your Kanz.'" The Prophet added, "By Allah, that snake will keep on following him until he stretches out his hand and let the snake swallow it." Allah's Apostle added, "If the owner of camels does not pay their Zakat, then, on the Day of Resurrection those camels will come to him and will strike his face with their hooves." Some people said: Concerning a man who has camels, and is afraid that Zakat will be due so he sells those camels for similar camels or for sheep or cows or money one day before Zakat becomes due in order to avoid payment of their Zakat cunningly! "He has not to pay anything." The same scholar said, "If one pays Zakat of his camels one day or one year prior to the end of the year (by the end of which Zakat becomes due), his Zakat will be valid."

I fought in Jaish-al-Usra (Ghazwa of Tabuk) along with the Prophet and in my opinion that was the best of my deeds. Then I had an employee, who quarrel led with someone and one of the them bit and cut the other's finger and caused his own tooth to fall out. He then went to the Prophet (with a complaint) but the Prophet canceled the suit and said to the complainant, "Did you expect him to let his finger in your mouth so that you might snap and cut it (as does a stallion camel)?" Narrated Ibn Juraij from `Abdullah bin Abu Mulaika from his grandfather a similar story: A man bit the hand of another man and caused his own tooth to fall out, but Abu Bakr judged that he had no right for compensation (for the broken tooth).

"The Prophet (saws) prohibited drinking while standing."

And there are narrations on this topic from Abu Sa'eed, Abu Hurairah, and Anas. And this Hadith is Hasan Gharib. This Hadith was reported from other narrators, from Sa'eed, from Qatadah, from Abu Muslim, from Al-Jarud, that the Prophet (saws) said: "The Muslim's wandering (animal) stirs the Fire." Al-Jarud bin Al-Mu'alla is called Ibn Al-'Al' but what is correct is Al-Mu'alla.

When the Messenger of Allah (saws) sat on his camel to go out on a journey, he said: "Allah is Most Great" three times. Then he said: "Glory be to Him Who has made subservient to us, for we had not the strength for it, and to our Lord do we return. O Allah, we ask Thee in this journey of ours, uprightness, piety and such deeds as are pleasing to Thee. O Allah, make easy for us this journey of ours and make its length short for us. O Allah, Thou art the Companion in the journey, and the One Who looks after the family and property in our absence." When he returned, he said these words adding: "Returning, repentant, serving and praising our Lord." The Prophet (saws) and his armies said: "Allah is Most Great" when they went up to high ground; and when armies said: "Allah is most Great" when they went up to high ground; and when they descended, they said: "Glory be to Allah." So the prayer was patterned on that.

The Prophet (saws) said: If anyone takes land by (paying) its jizyah, he renounces his immigration; and if anyone takes off the disgrace of an unbeliever from his neck he turns away his back from Islam. He (the narrator) said: Thereafter Khalid ibn Ma'dan heard this tradition from me, and he said: Has Shubayb narrated it to you? I said: Yes. He said! When you come to him, ask him to write this tradition to me. He said: He then wrote it for him. When I came, Khalid ibn Ma'dan asked me for the paper and I gave it to him. When he read (the paper), he abandoned the lands he had in his possession the moment he heard this.

Abu Dawud said: This Yazid b. Khumair al-Yazani is not the disciple of Shu'bah.

Bashir's name in pre-Islamic days was Zahm ibn Ma'bad. When he migrated to the Messenger of Allah (saws). He asked: What is your name? He replied: Zahm. He said: No, you are Bashir.

He (Bashir) said: When I was walking with the Messenger of Allah (saws) he passed by the graves of the polytheists. He said: They lived before (a period of) abundant good. He said this three times. He then passed by the graves of Muslims. He said: They received abundant good.

The Messenger of Allah (saws) suddenly saw a man walking in shoes between the graves. He said: O man, wearing the shoes! Woe to thee! Take off thy shoes. So the man looked (round), When he recognized the Messenger of Allah (saws), he took them off and threw them away.