Yahya related to me from Malik from Hisham ibn Urwa from Fatima bint al-Mundhir that whenever a woman who had a fever, was brought to Asma bint Abi Bakr, she made dua for her and took water and poured it inside her collar. She said, "The Messenger of Allah, may Allah bless him and grant him peace, ordered us to cool it with water."

The Messenger of Allah (saws) sent a detachment to Najd. I went out along with them, and got abundant riches. Our commander gave each of us a camel as a reward. We then came upon the Messenger of Allah (saws) and he divided the spoils of war among us. Each of us received twelve camels after taking a fifth of it. The Messenger of Allah (saws) did not take account of our companion (i.e. the commander of the army), nor did he blame him for what he had done. Thus each man of us had received thirteen camels with the reward he gave.

The Prophet said, "He who cultivates land that does not belong to anybody is more rightful (to own it)." `Urwa said, "`Umar gave the same verdict in his Caliphate."

We went out with Allah's Apostle to Khaibar, and when we reached As-Sahba', the Prophet asked for food, and he was offered nothing but Sawiq. We ate, and then Allah's Apostle stood up for the prayer. He rinsed his mouth with water, and we too, rinsed our mouths.

A man accused his wife of illegal sexual intercourse and denied his paternity to her (conceived) child during the lifetime of Allah's Apostle. Allah's Apostle ordered them both to do Mula'ana as Allah decreed and then gave his decision that the child would be for the mother, and a divorce decree was issued for the couple involved in a case of Mula'ana.

When Abu Zur'ah made a business transaction with a man, he gave him the right of option. He then would tell him: Give me the right of option (to annul the bargain). He said: I heard AbuHurayrah say: The Messenger of Allah (saws) said: Two people must separate only by mutual consent.

[At-Tirmidhi].

That the Messenger of Allah (saws) said: "The angels do no accompany a group among whom there is a dog or a bell."

[Abu 'Eisa said:] There are narrations on this topic from Ibn 'Umar, Umm Habibah, and Umm Salamah. This Hadith is Hasan Sahih.

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Muhammad ibn Sirin that Umm Atiyya al-Ansariyya said, "The Messenger of Allah, may Allah bless him and grant him peace, came to us when his daughter died and said, 'Wash her three times, or five, or more than that if you think it necessary, with water and lotus leaves, and at the end put on some camphor, or a little camphor, and when you have finished let me know.' When we finished we told him, and he gave us his waist-wrapper and said, 'Shroud her with this.' "

Malik related to me from Ibn Shihab from Abu Salama ibn Abd ar- Rahman ibn Awf from Jabir ibn Abdullah al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone is given a life pension, for him and his posterity, it belongs to the person to whom it has been given. It never reverts to the one who gave it because he gave a gift and the rules of inheritance apply to it."

I was one of those who washed Umm Kulthum, daughter of the Prophet (saws), when she died. The Messenger of Allah (saws) first gave us lower garment, then shirt, then head-wear, then cloak (which covers the whole body), and then she was shrouded in another garment. She said: The Messenger of Allah (saws) was sitting at the door, and he had shroud with him. He gave us the garments one by one.

A man was killed by his camel while we were with the Prophet and he was a Muhrim. So the Prophet said, "Wash him with water and Sidr and shroud him in two pieces of cloth and neither perfume him nor cover his head, for Allah will resurrect him on the Day of Resurrection and he will be saying 'Labbaik' . "

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him."

Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

[At-Tirmidhi].

Is one of you helpless to be like AbuDaygham or Damdam (Ibn Ubayd is doubtful) who would say when morning came: O Allah, I gave my honour as alms to Thy servants?

AbulJuwayriyyah al-Jarmi said: I found a red pitcher containing dinars in Byzantine territory during the reign of Mu'awiyah. A man from the Companions of the Prophet (saws) belonging to Banu Sulaym was our ruler. He was called Ma'an ibn Yazid. I brought it to him. He apportioned it among the Muslims. He gave me the same portion which he gave to one of them. He then said: Had I not heard the Messenger of Allah (saws) say: There is no reward except after taking the fifth (from the booty), I would have given you (the reward). He then presented his own share to me, but I refused.

The Prophet said, "Do the prostration properly and do not put your forearms flat with elbows touching the ground like a dog. And if you want to spit, do not spit in front, nor to the right for the person in prayer is speaking in private to his Lord."

That he heard Allah's Apostle saying, "If somebody keeps a dog that is neither used for farm work nor for guarding the livestock, he will lose one Qirat (of the reward) of his good deeds everyday."

Humayd al-Himyari reported: I met a person (among the Companion of Prophet) who remained in the company of the Prophet (saws)for four years as AbuHurayrah remained in his company. He reported: The Messenger of Allah (saws) forbade that the female should wash with the water left over by the male, and that the male should wash with the left-over of the female.

The version of Musaddad adds: "That they both take the handful of water together."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

Malik related to me from Yazid ibn Khusayfa that as-Sa'ib ibn Yazid informed him that he heard Sufyan ibn Abi Zuhayr who was from the Azd Shanua tribe and among the companions of the Messenger of Allah, may Allah bless him and grant him peace, speaking with some people who were with him at the door of the mosque. He said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If anyone acquires a dog which he does not use as a sheepdog or for hunting, a qirat will be deducted from the reward of his good deeds each day.' " He was asked, "Did you hear this from the Messenger of Allah, may Allah bless him and grant him peace?" He said, "Yes, by the Lord of this mosque."

A man came to the Prophet (saws) and made acknowledgment before him that he had committed fornication with a woman whom he named. The Messenger of Allah (saws) sent someone to the woman and he asked her about it. She denied that she had committed fornication. So he gave him the prescribed punishment of lashes and left her.

The Messenger of Allah (saws) gave judgment that blood-wit for those who possessed camels should be one hundred camels, and for those who possessed cattle two hundred cows, and for those who possessed sheep one thousand sheep, and for those who possessed suits of clothing two hundred suits, and for those who possessed wheat something which the narrator Muhammad (ibn Ishaq) did not remember.

This Hadith is Hasan Gharib.

While we were with the Prophet , a man stood up and said (to the Prophet ), "I beseech you by Allah, that you should judge us according to Allah's Laws." Then the man's opponent who was wiser than him, got up saying (to Allah's Apostle) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet said, "'Speak." He said, "My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son's sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death." Unais went to her and she confessed. He then stoned her to death.

A man came to the Prophet and said, "I beseech you to judge us according to Allah's Laws." Then his opponent who was wiser than he, got up and said, "He has spoken the truth. So judge us according to Allah's Laws and please allow me (to speak), O Allah's Apostle." The Prophet said, "Speak." He said, "My son was a laborer for the family of this man and he committed illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom (for my son), but I asked the religious learned people (regarding this case), and they informed me that my son should be flogged onehundred stripes, and be exiled for one year, and the wife of this man should be stoned (to death)."The Prophet said, "By Him in Whose Hand my soul is, I will Judge you (in this case) according to Allah's Laws. The one-hundred (sheep) and the slave shall be returned to you and your son shall be flogged one-hundred stripes and be exiled for one year. And O Unais! Go in the morning to the wife of this man and ask her, and if she confesses, stone her to death." She confessed and he stoned her to death.

When the Messenger of Allah (saws) went on an expedition, he took Umm Sulaym, and he had some women of the Ansar who supplied water and tended the wounded.

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If a dog drinks from your vessel, wash it seven times."

The Prophet (saws) said: Sadaqah may not be given to rich man, with the exception of five classes: One who fights in Allah's path, or who collects it, or a debtor, or a man who buys it with his money, or a man who has a poor neighbour who has been given sadaqah and gives a present to the rich man.

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

While a man was standing with the Prophet at `Arafat, he fell from his Mount and his neck was crushed by it. The Prophet said, "Wash the deceased with water and Sidr and shroud him in two pieces of cloth, and neither perfume him nor cover his head, for Allah will resurrect him on the Day of Resurrection and he will be reciting Talbiya."

While a man was standing with the Prophet at `Arafat, he fell from his Mount and his neck was crushed by it. The Prophet said, "Wash the deceased with water and Sidr and shroud him in two pieces of cloth, and neither perfume him nor cover his head, for Allah will resurrect him on the Day of Resurrection and he will be reciting Talbiya."

A man was in the company of the Prophet and his she-camel crushed his neck while he was in a state of Ihram and he died Allah's Apostle said, "Wash him with water and Sidr and shroud him in his two garments; neither perfume him nor cover his head, for he will be resurrected on the Day of Resurrection, reciting Talbiya."

`Aisha bought Barira in order to manumit her, but her masters stipulated that her Wala' (after her death) would be for them. `Aisha said, "O Allah's Apostle! I have bought Barira in order to manumit her, but her masters stipulated that her Wala' will be for them." The Prophet said, "Manumit her as the Wala is for the one who manumits (the slave)," or said, "The one who pays her price." Then `Aisha bought and manumitted her. After that, Barira was given the choice (by the Prophet) (to stay with her husband or leave him). She said, "If he gave me so much and so much (money) I would not stay with him." (Al-Aswad added: Her husband was a free man.) The sub-narrator added: The series of the narrators of Al-Aswad's statement is incomplete. The statement of Ibn `Abbas, i.e., when I saw him he was a slave, is more authentic.

I swear by Allah, I heard the Messenger of Allah (saws) say: The happy man is he who avoids dissensions: happy is the man who avoids dissensions; happy is the man who avoids dissensions: but how fine is the man who is afflicted and shows endurance.

Abu Huraira reported that Allah's Messenger (may peace be upon him) gave judgment in case of the abortion of a woman of Banu Lihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allah's Messenger (may peace be upon him) gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her).