The Prophet (saws) said: He who copies any people is one of them.

We said to the Prophet, "You send us out and it happens that we have to stay with people who do not entertain us. What do you think about it? He said to us, "If you stay with some people and they entertain you as they should for a guest, accept their hospitality, but if they don't, take the right of the guest from them."

We said, "O Allah's Apostle! You send us out and it happens that we have to stay with such people as do not entertain us. What do you think about it?" Allah's Apostle said to us, "If you stay with some people and they entertain you as they should for a guest, accept is; but if they do not do then you should take from them the right of the guest, which they ought to give."

Abu Dawud said: And this is an authority for a man to take a thing if it is due to him.

"I said: 'O Messenger of Allah! We come across a people and they do not host us, and they do not give us our rights, and we do not take anything from them. So the Messenger of Allah (saws) said: 'If they refuse such that you can only take by force, then take.'"

[Abu 'Eisa said:] This Hadith is Hasan. It has been reported by Al-Laith bin Sa'd from Yazid bin Abi Habib as well.

This Hadith only means that they would go out for battles and they would pass a people among whom they would not find any food to buy for a price. So the Prophet (saws) told them: If they refuse to sell you, such that you have to take it forcefully, then take it. This is how the explanation has been related in some of the Ahadith. And it has been related that 'Umar bin Al-Khattab, may Allah be please with him, would order similarly.

1: At-Tawbah 9:104.

2: Al-Baqarah 2:276.

3: Anthropomorphism, resembling Allah to creatures.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."

Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'

Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."

That the Prophet (saws) said: "Whoever purchases an animal that has not been milked, then he retains the option for three days. If he returns it, then he is to return with it a Sa' of food, not Samra' "

[Abu 'Eisa said:] The meaning of "Not Samra'" is "not wheat."

This Hadith is Hasan Sahih. This Hadith is acted upon according to our companions, among them Ash-Shafi'i, Ahmad, and Ishaq.

We paid a visit to Khabbab who was sick, and he said, "We migrated with the Prophet for Allah's Sake and our wages became due on Allah. Some of us died without having received anything of the wages, and one of them was Mus`ab bin `Umar, who was martyred on the day of the battle of Uhud, leaving only one sheet (to shroud him in). If we covered his head with it, his feet became uncovered, and if we covered his feet with it, his head became uncovered. So the Prophet ordered us to cover his head with it and put some Idhkhir (a kind of grass) over his feet. On the other hand, some of us have had the fruits (of our good deed) and are plucking them (in this world).

Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.

He sent his son to the Prophet (saws) and said to him: Go to the Prophet (saws) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.

He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?

He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.

He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.

He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.

We visited Khabbaba who said, "We migrated with the Prophet for Allah's Sake, so our reward became due and sure with Allah. Some of us passed away without taking anything of their rewards (in this world) and one of them was Mus`ab bin `Umar who was martyred on the day (of the battle) of Uhud leaving a striped woolen cloak. When we covered his head with it, his feet became naked, and when covered his feet, his head became naked. So Allah's Apostle ordered us to cover his head and put some Idhkhir (i.e. a special kind of grass) on his feet. (On the other hand) some of us have had their fruits ripened (in this world) and they are collecting them."

We migrated with Allah's Apostle seeking Allah's Countenance, so our rewards became due and sure with Allah. Some of us passed away without eating anything of their rewards in this world. One of these was Mus`ab bin `Umar who was martyred on the day of the battle of Uhud. We did not find anything to shroud his body with except a striped cloak. When we covered his head with it, his feet remained uncovered, and when we covered his feet with it, his head remained uncovered. So Allah's Apostle ordered us to cover his head with it and put some Idhkhir (i.e. a kind of grass) over his feet. And there are some amongst us whose fruits have ripened and they are collecting them (i.e. they have received their rewards in this world).

We emigrated with the Prophet (p.b.u.h) in Allah's cause, and so our reward was then surely incumbent on Allah. Some of us died and they did not take anything from their rewards in this world, and amongst them was Mustab bin `Umar; and the others were those who got their rewards. Mustab bin `Umar was martyred on the day of the Battle of Uhud and we could get nothing except his Burd to shroud him in. And when we covered his head his feet became bare and vice versa. So the Prophet ordered us to cover his head only and to put idhkhir (a kind of shrub) over his feet.

We migrated in the company of Allah's Apostle, seeking Allah's Pleasure. So our reward became due and sure with Allah. Some of us have been dead without enjoying anything of their rewards (here), and one of them was Mus'ab bin 'Umar who was martyred on the day of the battle of Uhud, and did not leave anything except a Namira (i.e. a sheet in which he was shrouded). If we covered his head with it, his feet became naked, and if we covered his feet with it, his head became naked. So the Prophet said to us, "Cover his head with it and put some Idhkhir (i.e. a kind of grass) over his feet or throw Idhkhir over his feet." But some amongst us have got the fruits of their labor ripened, and they are collecting them.

We migrated with the Prophet for Allah's Cause, so our reward became due with Allah. Some of us passed away (i.e. died) without enjoying anything from their reward, and one of them was Mus`ab bin `Umar who was killed (i.e. martyred) on the day of Uhud. He did not leave behind except a sheet of striped woolen cloth. If we covered his head with it, his feet became naked, and if we covered his feet with it, his head became naked. The Prophet said to us, "Cover his head with it and put Idhkhir (i.e. a kind of grass) over his feet," or said, "Put some Idhkhir over his feet." But some of us have got their fruits ripened, and they are collecting them.

that he passed by a group of people in front of whom there was a roasted sheep. They invited him but he refused to eat and said, "Allah's Apostle left this world without satisfying his hunger even with barley bread."

While we were with Allah's Apostle he said, "Tell me of a tree which resembles a Muslim man. Its leaves do not fall and it does not, and does not, and does not, and it gives its fruits every now and then." It came to my mind that such a tree must be the date palm, but seeing Abu Bakr and `Umar saying nothing, I disliked to speak. So when they did not say anything, Allah's Apostle said, "It is the date-palm tree." When we got up (from that place), I said to `Umar, "O my father! By Allah, it came to my mind that it must be the date palm tree." `Umar said, "What prevented you from speaking" I replied, "I did not see you speaking, so I misliked to speak or say anything." `Umar then said, "If you had said it, it would have been dearer to me than so-and-so."

Allah's Apostle said, "If Allah sends punishment upon a nation then it befalls upon the whole population indiscriminately and then they will be resurrected (and judged) according to their deeds. "

I stayed overnight in the house of my aunt Maimuna bint Al-Harith (the wife of the Prophet ) while the Prophet was there with her during her night turn. The Prophet offered the `Isha' prayer (in the mosque), returned home and after having prayed four rak`at, he slept. Later on he got up at night and then asked whether the boy (or he used a similar word) had slept? Then he got up for the prayer and I stood up by his left side but he made me stand to his right and offered five rak`at followed by two more rak`at. Then he slept and I heard him snoring and then (after a while) he left for the (Fajr) prayer.

The Prophet (saws) said: When I was taken up to heaven I passed by people who had nails of copper and were scratching their faces and their breasts. I said: Who are these people, Gabriel? He replied: They are those who were given to back biting and who aspersed people's honour.

Abu Dawud said: Yahya b. 'Uthman has also transmitted it from Baqiyyah, there is no mention of Anas in it.

While I was walking with Allah's Apostle in one of the fields of Medina and he was walking leaning on a stick, he passed a group of Jews. Some of them said to the others, "Ask him (the Prophet) about the spirit." Others said, "Do not ask him." But they asked him and he stood leaning on the stick and I was standing behind him and I thought that he was being divinely inspired. Then he said, "They ask you concerning the spirit say: The spirit, its knowledge is with My Lord. And of knowledge you (O men!) have been given only a little." ...(17.85) On that some of the Jews said to the others, "Didn't we tell you not to ask?"

When I set out for Hajj, I passed by some people offering a prayer, I asked, "What is this mosque?" They said, "This is the Tree where Allah's Apostle took the Ar-Ridwan Pledge of allegiance. Then I went to Sa`id bin Musaiyab and informed him about it. Sa`id said, "My father said that he was amongst those who had given the Pledge of allegiance to Allah's Apostle beneath the Tree. He (i.e. my father) said, "When we set out the following year, we forgot the Tree and were unable to recognize it. "Then Sa`id said (perhaps ironically) "The companions of the Prophet could not recognize it; nevertheless, you do recognize it; therefore you have a better knowledge."

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.

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqat (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."

Malik ...

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

`Abdur Rahman bin Abi Bakr said, "The Suffa Companions were poor people and the Prophet said, 'Whoever has food for two persons should take a third one from them (Suffa companions). And whosoever has food for four persons he should take one or two from them' Abu Bakr took three men and the Prophet took ten of them." `Abdur Rahman added, my father my mother and I were there (in the house). (The sub-narrator is in doubt whether `Abdur Rahman also said, 'My wife and our servant who was common for both my house and Abu Bakr's house). Abu Bakr took his supper with the Prophet and remained there till the `Isha' prayer was offered. Abu Bakr went back and stayed with the Prophet till the Prophet took his meal and then Abu Bakr returned to his house after a long portion of the night had passed. Abu Bakr's wife said, 'What detained you from your guests (or guest)?' He said, 'Have you not served them yet?' She said, 'They refused to eat until you come. The food was served for them but they refused." `Abdur Rahman added, "I went away and hid myself (being afraid of Abu Bakr) and in the meantime he (Abu Bakr) called me, 'O Ghunthar (a harsh word)!' and also called me bad names and abused me and then said (to his family), 'Eat. No welcome for you.' Then (the supper was served). Abu Bakr took an oath that he would not eat that food. The narrator added: By Allah, whenever any one of us (myself and the guests of Suffa companions) took anything from the food, it increased from underneath. We all ate to our fill and the food was more than it was before its serving. Abu Bakr looked at it (the food) and found it as it was before serving or even more than that. He addressed his wife (saying) 'O the sister of Bani Firas! What is this?' She said, 'O the pleasure of my eyes! The food is now three times more than it was before.' Abu Bakr ate from it, and said, 'That (oath) was from Satan' meaning his oath (not to eat). Then he again took a morsel (mouthful) from it and then took the rest of it to the Prophet. So that meal was with the Prophet. There was a treaty between us and some people, and when the period of that treaty had elapsed the Prophet divided us into twelve (groups) (the Prophet's companions) each being headed by a man. Allah knows how many men were under the command of each (leader). So all of them (12 groups of men) ate of that meal."

(who was one of the companions who gave the pledge of allegiance to the Prophet underneath the tree (Al-Hudaibiya)) Allah's Apostle said, "Whoever swears by a religion other than Islam (i.e. if somebody swears by saying that he is a non-Muslim e.g., a Jew or a Christian, etc.) in case he is telling a lie, he is really so if his oath is false, and a person is not bound to fulfill a vow about a thing which he does not possess. And if somebody commits suicide with anything in this world, he will be tortured with that very thing on the Day of Resurrection; And if somebody curses a believer, then his sin will be as if he murdered him; And whoever accuses a believer of Kufr (disbelief), then it is as if he killed him."