We went out intending (to visit) the Messenger of Allah (saws) and Wa'il ibn Hujr was with us. His enemy caught him. The people desisted from swearing an oath, but I took an oath that he was my brother. So he left him. We then came to the Messenger of Allah (saws), and I informed him that the people desisted from taking the oath, but I swore that he was my brother. He said: You spoke the truth: A Muslim is a brother of a Muslim.

Aflah, the brother of Abi Al-Qu`ais, asked permission to visit me after the order of Al-Hijab was revealed. I said, "I will not permit him unless I take permission of the Prophet about him for it was not the brother of Abi Al-Qu`ais but the wife of Abi Al-Qu`ais that nursed me." The Prophet entered upon me, and I said to him, "O Allah's Apostle! Aflah, the brother of Abi Al-Qu`ais asked permission to visit me but I refused to permit him unless I took your permission." The Prophet said, "What stopped you from permitting him? He is your uncle." I said, "O Allah's Apostle! The man was not the person who had nursed me, but the woman, the wife of Abi Al-Qu`ais had nursed me." He said, "Admit him, for he is your uncle. Taribat Yaminuki (may your right hand be saved)" `Urwa, the sub-narrator added: For that `Aisha used to say, "Consider those things which are illegal because of blood relations as illegal because of the corresponding foster relations."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."

Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "

Malik said, "Al-anat is fornication."

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."

The Prophet said, "None of you will have faith till he wishes for his (Muslim) brother what he likes for himself."

The people used to rent their land for cultivation for one-third, one-fourth or half its yield. The Prophet said, "Whoever has land should cultivate it himself or give it to his (Muslim) brother gratis; otherwise keep it uncultivated." Narrated Abu Huraira: Allah's Apostle said, "Whoever has land should cultivate it himself or give it to his (Muslim) brother gratis; otherwise he should keep it uncultivated."

Allah, the brother of Abu Al-Qu'ais asked my permission to enter after the verses of Al-Hijab (veiling the ladies) was revealed, and I said, "By Allah, I will not admit him unless I take permission of Allah's Apostle for it was not the brother of Al-Qu'ais who had suckled me, but it was the wife of Al-Qu'ais, who had suckled me." Then Allah's Apostle entered upon me, and I said, "O Allah's Apostle! The man has not nursed me but his wife has nursed me." He said, "Admit him because he is your uncle (not from blood relation, but because you have been nursed by his wife), Taribat Yaminuki." `Urwa said, "Because of this reason, ' Aisha used to say: Foster suckling relations render all those things (marriages etc.) illegal which are illegal because of the corresponding blood relations." (See Hadith No. 36, Vol. 7)

AbuSalam reported on the authority of a man from the companion of the Prophet (saws). He said: We attacked a tribe of Juhaynah. A man from the Muslims pursued a man of them, and struck him but missed him. He struck himself with the sword. The Messenger of Allah (saws) said: Your brother, O group of Muslims. The people hastened towards him, but found him dead. The Messenger of Allah (saws) wrapped him with his clothes and his blood, and offered (funeral) prayer for him and buried him. They said: Messenger of Allah, is he a martyr? He said: Yes, and I am witness to him.

that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."

Malik related to me from al-Ala ibn Abd ar-Rahman from Mabad ibn Kab as-Salami from his brother Abdullah ibn Kab ibn Malik al-Ansari from Abu Umama that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever cuts off the right of a muslim man by his oath, Allah forbids him the Garden and obliges the Fire for him." They said, "Even if it is something insignificant, Messenger of Allah?" He said, "Even if it is a tooth-stick, even if it is a tooth- stick," repeating it three times.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

The Prophet said, "Whoever slaughtered the sacrifice before the `Id prayer, should repeat it (slaughter another one)." A man said "This is the day on which meat is desired." Then he mentioned the need of his neighbors (for meat) and the Prophet seemed to accept his excuse. The man said, "I have a Jadha'a which is to me better than two sheep." The Prophet allowed him (to slaughter it as a sacrifice). But I do not know whether this permission was general for all Muslims or not. The Prophet then went towards two rams and slaughtered them, and the people went towards their sheep and slaughtered them.

Abdullah ibn Hasan al-Anbari said: My grandmothers, Safiyyah and Duhaybah, narrated to me, that hey were the daughters of Ulaybah and were nourished by Qaylah, daughter of Makhramah. She was the grandmother of their father.

She reported to them, saying: We came upon the Messenger of Allah (saws). My companion, Hurayth ibn Hassan, came to him as a delegate from Bakr ibn Wa'il. He took the oath of allegiance of Islam for himself and for his people.

He then said: Messenger of Allah (saws), write a document for us, giving us the land lying between us and Banu Tamim at ad-Dahna' to the effect that not one of them will cross it in our direction except a traveller or a passer-by.

He said: Write down ad-Dahna' for them, boy. When I saw that he passed orders to give it to him, I became anxious, for it was my native land and my home.

I said: Messenger of Allah, he did not ask you for a true border when he asked you. This land of Dahna' is a place where the camels have their home, and it is a pasture for the sheep. The women of Banu Tamim and their children are beyond it.

He said: Stop, boy! A poor woman spoke the truth: a Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against Satan.

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The doors of the Garden are opened on Monday and Thursday. Every muslim slave who does not associate anything with Allah is forgiven except for the man who has enmity between him and his brother. It is said, 'Leave these two until they have made a reconciliation. Leave these two until they have made a reconciliation.' "

The Prophet said, "The most true words said by a poet was the words of Labid." He said, Verily, Everything except Allah is perishable and Umaiya bin As-Salt was about to be a Muslim (but he did not embrace Islam).

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

A man from Najd with unkempt hair came to Allah's Apostle and we heard his loud voice but could not understand what he was saying, till he came near and then we came to know that he was asking about Islam. Allah's Apostle said, "You have to offer prayers perfectly five times in a day and night (24 hours)." The man asked, "Is there any more (praying)?" Allah's Apostle replied, "No, but if you want to offer the Nawafil prayers (you can)." Allah's Apostle further said to him: "You have to observe fasts during the month of Ramadan." The man asked, "Is there any more fasting?" Allah's Apostle replied, "No, but if you want to observe the Nawafil fasts (you can.)" Then Allah's Apostle further said to him, "You have to pay the Zakat (obligatory charity)." The man asked, "Is there any thing other than the Zakat for me to pay?" Allah's Apostle replied, "No, unless you want to give alms of your own." And then that man retreated saying, "By Allah! I will neither do less nor more than this." Allah's Apostle said, "If what he said is true, then he will be successful (i.e. he will be granted Paradise)."

Allah's Apostle said, "Do not hate one another, nor be jealous of one another; and do not desert one another, but O Allah's worshipers! Be Brothers! And it is unlawful for a Muslim to desert his brother Muslim (and not to talk to him) for more than three nights."

Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim.

Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it."

Allah's Apostle said, "Do not hate one another, and do not be jealous of one another, and do not desert each other, and O, Allah's worshipers! Be brothers. Lo! It is not permissible for any Muslim to desert (not talk to) his brother (Muslim) for more than three days."

A drunk was brought to the Prophet and he ordered him to be beaten (lashed). Some of us beat him with our hands, and some with their shoes, and some with their garments (twisted in the form of a lash). When that drunk had left, a man said, "What is wrong with him? May Allah disgrace him!" Allah's Apostle said, "Do not help Satan against your (Muslim) brother."

[Al-Bukhari].

In Muslim, Abu Hurairah (May Allah be pleased with him) reported : Messenger of Allah (PBUH) said, "Let none of you wish for death, nor he ask for it before it comes to him, because when he dies, his actions will be terminated; certainly the age of a (true) believer does not add but good."

The Prophet said, "I am closer to the believers than their selves in this world and in the Hereafter, and if you like, you can read Allah's Statement: "The Prophet is closer to the believers than their own selves." (33.6) So, if a true believer dies and leaves behind some property, it will be for his inheritors (from the father's side), and if he leaves behind some debt to be paid or needy offspring, then they should come to me as I am the guardian of the deceased."