Malik related to me that Ismail ibn Abi Hakim heard Umar ibn Abd al-Aziz say, "Some say that Allah the Blessed, the Exalted, will not punish the many for the wrong action of the few. However, when the objectionable action is committed openly, then they all deserve to be punished."

This hadith is narrated by Anas with another chain of transmitters, and in the hadith transmitted by Jarir there is no mention of" turning (faces)".

We went out with Allah's Apostle to Khaibar and we travelled during the night. A man amongst the people said to 'Amir bin Al-Aqwa', "Won't you let us hear your poetry?" 'Amir was a poet, and so he got down and started (chanting Huda) reciting for the people, poetry that keep pace with the camel's foot steps, saying, "O Allah! Without You we would not have been guided on the right path, neither would we have given in charity, nor would we have prayed. So please forgive us what we have committed. Let all of us be sacrificed for Your cause and when we meet our enemy, make our feet firm and bestow peace and calmness on us and if they (our enemy) will call us towards an unjust thing we will refuse. The infidels have made a hue and cry to ask others help against us. Allah's Apostle said, "Who is that driver (of the camels)?" They said, "He is 'Amir bin Al-Aqwa."' He said, "May Allah bestow His mercy on him." A man among the people said, Has Martyrdom been granted to him, O Allah's Prophet! Would that you let us enjoy his company longer." We reached (the people of) Khaibar and besieged them till we were stricken with severe hunger but Allah helped the Muslims conquer Khaibar. In the evening of its conquest the people made many fires. Allah's Apostle asked, "What are those fires? For what are you making fires?" They said, "For cooking meat." He asked, "What kind of meat?" They said, "Donkeys' meat." Allah's Apostle said, "Throw away the meat and break the cooking pots." A man said, O Allah's Apostle! Shall we throw away the meat and wash the cooking pots?" He said, "You can do that too." When the army files aligned in rows (for the battle), 'Amir's sword was a short one, and while attacking a Jew with it in order to hit him, the sharp edge of the sword turned back and hit 'Amir's knee and caused him to die. When the Muslims returned (from the battle), Salama said, Allah's Apostle saw me pale and said, 'What is wrong with you?"' I said, "Let my parents be sacrificed for you! The people claim that all the deeds of Amir have been annulled." The Prophet asked, "Who said so?" I replied, "So-and-so and soand- so and Usaid bin Al-Hudair Al-Ansari said, 'Whoever says so is telling a lie. Verily, 'Amir will have double reward."' (While speaking) the Prophet put two of his fingers together to indicate that, and added, "He was really a hard-working man and a Mujahid (devout fighter in Allah's Cause) and rarely have there lived in it (i.e., Medina or the battle-field) an "Arab like him."

While some people were offering morning prayer at Quba' a man came to them and said, "A Qur'anic Order has been revealed to Allah's Apostle tonight that he should face the Ka`ba at Mecca (in prayer), so you too should turn your faces towards it." At that moment their faces were towards Sham (i.e. Jerusalem) (and on hearing that) they turned towards the Ka`ba (at Mecca).

While the people were offering the Fajr prayer at Quba' (near Medina), someone came to them and said: "It has been revealed to Allah's Apostle tonight, and he has been ordered to pray facing the Ka`ba." So turn your faces to the Ka`ba. Those people were facing Sham (Jerusalem) so they turned their faces towards Ka`ba (at Mecca).

When Allah's Apostle arrived at Medina, he prayed facing Jerusalem for sixteen or seventeen months but he wished that he would be ordered to face the Ka`ba. So Allah revealed: -- 'Verily! We have seen the turning of your face towards the heaven; surely we shall turn you to a prayer direction (Qibla) that shall please you.' (2.144) Thus he was directed towards the Ka`ba. A man prayed the `Asr prayer with the Prophet and then went out, and passing by some people from the Ansar, he said, "I testify. that I have prayed with the Prophet and he (the Prophet) has prayed facing the Ka`ba." Thereupon they, who were bowing in the `Asr prayer, turned towards the Ka`ba.

Allah's Apostle said, "Anyone who takes an oath through which his family may be harmed, and insists on keeping it, he surely commits a sin greater (than that of dissolving his oath). He should rather compensate for that oath by making expiation."

Allah's Apostle said, "Whoever performs Hajj to this House (Ka`ba) and does not approach his wife for sexual relations nor commits sins (while performing Hajj), he will come out as sinless as a newlyborn child. (Just delivered by his mother).

The Prophet was asked about the great sins He said, "They are:-- (1 ) To join others in worship with Allah, (2) To be undutiful to one's parents. (3) To kill a person (which Allah has forbidden to kill) (i.e. to commit the crime of murdering). (4) And to give a false witness."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Amr ibn Hazm that he had heard Abbad ibn Tamim say that he had heard Abdullah ibn Zayd al-Mazini say, "The Messenger of Allah, may Allah bless him and grant him peace, came out to the place of prayer and asked for rain, and when he faced the qibla he turned his cloak inside out."

Malik was asked how many rakas there were in the prayer of asking for rain and he said, "Two rakas, and the imam does the prayer before he gives the khutba. He prays two rakas, and then he gives a khutba and makes dua, facing the qibla and turning his cloak inside out. He recites out loud in both rakas, and when he turns his cloak inside out he puts what is on his right on his left, and what is on his left on his right, and all the people turn their cloaks inside out when the imam does so, and face the qibla, sitting."

While some people were offering Fajr prayer at Quba mosque, someone came to them and said, "Qur'anic literature" has been revealed to Allah's Apostle tonight, and he has been ordered to face the Ka`ba (of Mecca) so you too, should turn your faces towards it. Their faces were then towards Sham (Jerusalem), so they turned towards the Qibla (i.e. Ka`ba of Mecca).

Allah's Apostle said, "None has more sense of ghaira than Allah, and for this He has forbidden shameful sins whether committed openly or secretly, and none loves to be praised more than Allah does, and this is why He Praises Himself."

The Messenger of Allah (saws) gave us an address and said: The best of you is the one who defends his tribe, so long as he commits no sin.

Abu Dawud said: Abu Ayyub b. Suwaid is weak.

While I was walking with the Prophet in the Harra of Medina, Uhud came in sight. The Prophet said, "O Abu Dhar!" I said, "Labbaik, O Allah's Apostle!" He said, "I would not like to have gold equal to this mountain of Uhud, unless nothing of it, not even a single Dinar of it remains with me for more than three days, except something which I will keep for repaying debts. I would have spent all of it (distributed it) amongst Allah's Slaves like this, and like this, and like this." The Prophet pointed out with his hand towards his right, his left and his back (while illustrating it). He proceeded with his walk and said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except those who spend their wealth like this, and like this, and like this, to their right, left and back, but such people are few in number." Then he said to me, "Stay at your place and do not leave it till I come back." Then he proceeded in the darkness of the night till he went out of sight, and then I heard a loud voice, and was afraid that something might have happened to the Prophet .1 intended to go to him, but I remembered what he had said to me, i.e. 'Don't leave your place till I come back to you,' so I remained at my place till he came back to me. I said, "O Allah's Apostle! I heard a voice and I was afraid." So I mentioned the whole story to him. He said, "Did you hear it?" I replied, "Yes." He said, "It was Gabriel who came to me and said, 'Whoever died without joining others in worship with Allah, will enter Paradise.' I asked (Gabriel), 'Even if he had committed theft or committed illegal sexual intercourse? Gabriel said, 'Yes, even if he had committed theft or committed illegal sexual intercourse."

I gave the pledge of allegiance to the Prophet with a group of people, and he said, "I take your pledge that you will not worship anything besides Allah, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. And whoever among you fulfill all these (obligations of the pledge), his reward is with Allah. And whoever commits any of the above crimes and receives his legal punishment in this world, that will be his expiation and purification. But if Allah screens his sin, it will be up to Allah, Who will either punish or forgive him according to His wish." Abu `Abdullah said: "If a thief repents after his hand has been cut off, the his witness well be accepted. Similarly, if any person upon whom any legal punishment has been inflicted, repents, his witness will be accepted."

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

[He said:] There are narrations on this topic from Ibn 'Umar and Anas.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

Asma' bint al-Hakam said: I heard Ali say: I was a man; when I heard a tradition from the Messenger of Allah (saws), Allah benefited me with it as much as He willed. But when some one of his companions narrated a tradition to me I adjured him. When he took an oath, I testified him.

AbuBakr narrated to me a tradition, and AbuBakr narrated truthfully. He said: I heard the apostle of Allah (saws) saying: When a servant (of Allah) commits a sin, and he performs ablution well, and then stands and prays two rak'ahs, and asks pardon of Allah, Allah pardons him. He then recited this verse: "And those who, when they commit indecency or wrong their souls, remember Allah" (Al-Qur'an 3:135).

When taking an oath, the Prophet very often used to say, "No, by Him Who turns the hearts."

The Prophet said, 'One of the sayings of the early Prophets which the people have got is: If you don't feel ashamed (from Haya': pious shyness from committing religeous indiscretions) do whatever you like." (See Hadith No 690, 691, Vol 4)

While some people were offering Fajr prayer at Quba' (mosque), some-one came to them and said, "Tonight some Qur'anic Verses have been revealed to the Prophet and he has been ordered to face the Ka`ba (at Mecca) (during prayers), so you too should turn your faces towards it." At that time their faces were towards Sham (Jerusalem) so they turned towards the Ka`ba (at Mecca).

The Prophet wore a gold ring and then the people followed him and wore gold rings too. Then the Prophet said, "I had this golden ring made for myself. He then threw it away and said, "I shall never put it on." Thereupon the people also threw their rings away.

Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said, "He should not take any of it unless the investor is present. If he takes something from it, he is responsible for it until it is accounted for in the division of the capital."

Malik said, "It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present, and the investor is given the principal in full. Then they divide the profit into their agreed portions."

Malik spoke about a man taking qirad money, and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor, and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said, "None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them."

Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set aside and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said, "It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions."

Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said, "This is your portion of the profit, and I have taken the like of it for myself, and I have retained your principal in full." Malik said, "I do not like that, unless all the capital is present, the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes, or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it, and so may want it not to be removed from him and to keep it in his hand."

Yahya related to me from Malik from Nafi that Ibn Umar would never turn around when praying.

The Prophet passed by a man who was admonishing his brother regarding Haya' (pious shyness from committing religeous indiscretions) and was saying, "You are very shy, and I am afraid that might harm you." On that, Allah's Apostle said, "Leave him, for Haya' is (a part) of Faith."

The Prophet said, "Whoever swears by a religion other than Islam, is, as he says; and whoever commits suicide with something, will be punished with the same thing in the (Hell) Fire; and cursing a believer is like murdering him; and whoever accuses a believer of disbelief, then it is as if he had killed him."

A man from the tribe of Bani Aslam came to Allah's Apostle and Informed him that he had committed illegal sexual intercourse and bore witness four times against himself. Allah's Apostle ordered him to be stoned to death as he was a married Person.

I asked `Abdullah bin Abi `Aufa about the Rajam (stoning somebody to death for committing illegal sexual intercourse). He replied, "The Prophet carried out the penalty of Rajam," I asked, "Was that before or after the revelation of Surat-an-Nur?" He replied, "I do not know."

The Prophet said, "Gabriel said to me, 'Whoever amongst your followers die without having worshipped others besides Allah, will enter Paradise (or will not enter the (Hell) Fire)." The Prophet asked. "Even if he has committed illegal sexual intercourse or theft?" He replied, "Even then."

Anas b. Malik reported that one day he saw on the finger of Allah's Messenger (may peace be upon him) a silver ring, and the people also made silver rings and put them on. Then Allah's Apostle (may peace be upon him) threw his ring away, and so the people also threw away their rings.

An animal was brought to the Messenger of Allah (saws) while he was going with a funeral. He refused to ride on it. When the funeral was away, the animal was brought to him and he rode on it. He was asked about it. He said: The angels were on their feet. I was not to ride while they were walking. When they went away, I rode.

A woman committed theft in the Ghazwa of the Conquest (of Mecca) and she was taken to the Prophet who ordered her hand to be cut off. `Aisha said, "Her repentance was perfect and she was married (later) and used to come to me (after that) and I would present her needs to Allah's Apostle."

The people used to look forward for the days of my (`Aisha's) turn to send gifts to Allah's Apostle in order to please him.

'A'isha reported that people sent their gifts when it was the turn of 'A'isha seeking thereby the pleasure of Allah's Messenger (may peace be upon him).

We witnessed (the battle of) Khaibar. Allah's Apostle said about one of those who were with him and who claimed to be a Muslim. "This (man) is from the dwellers of the Hell-Fire." When the battle started, that fellow fought so violently and bravely that he received plenty of wounds. Some of the people were about to doubt (the Prophet's statement), but the man, feeling the pain of his wounds, put his hand into his quiver and took out of it, some arrows with which he slaughtered himself (i.e. committed suicide). Then some men amongst the Muslims came hurriedly and said, "O Allah's Apostle! Allah has made your statement true so-and-so has committed suicide. "The Prophet said, "O so-and-so! Get up and make an announcement that none but a believer will enter Paradise and that Allah may support the religion with an unchaste (evil) wicked man.

"The Prophet (saws) judged that the produce is produce is for the responsible one."

[He said:] This Hadith is Hasan Sahih, Gharib as a Hadith of Hisham bin 'Urwah (a narrator).

[Abu 'Eisa said:] Muslim bin Khalid Az-Zanji reported this Hadith from Hisham, from 'Urwah. Jarir reported it from Hisham as well. It is said that the narration of Jarir has Tadlis in in it, that Jarir committed the Tadlis, he did not hear it from Hisham bin 'Urwah.

As for the meaning of "the produce is for the responsible one," he is the man who purchased the slave then the slave produced for him, and he found some defect in him so he returned him to the seller. Then the produce (of his work) is the purchaser's. In cases similar to this, the produce is for the responsible one.

[Abu 'Eisa said:] Muhammad bin Isma'il called this Hadith Gharib, as a narration of 'Umar bin 'Ali (one of the narrators). I said: "Do you think that he committed Tadlis?" He said:"No".