The Prophet married Maimuna while he was in the state of Ihram, (only the ceremonies of marriage were held).

Staying at Al-Mahassab is not one of the ceremonies (of Hajj), but Al-Mahassab is a place where Allah's Apostle camped (during his Hajjat-al-Wida).

I was menstruating when I reached Mecca. So, I neither performed Tawaf of the Ka`ba, nor the Tawaf between Safa and Marwa. Then I informed Allah's Apostle about it. He replied, "Perform all the ceremonies of Hajj like the other pilgrims, but do not perform Tawaf of the Ka`ba till you get clean (from your menses)."

The Prophet was asked about a person who had his head shaved before slaughtering (his Hadi) (or other similar ceremonies of Hajj). He replied, "There is no harm, there is no harm."

that she prepared a lady for a man from the Ansar as his bride and the Prophet said, "O 'Aisha! Haven't you got any amusement (during the marriage ceremony) as the Ansar like amusement?"

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

The Prophet (saws) said to me: 'Abd al-Rahman b. Samurah, when you swear an oath and consider something else to be better than it, do the thing that is beter and make atonement for your oath.

Abu Dawud said: I heard Ahmad (b. Hanbal) permitting to make atonement before breaking the oath.

The Prophet was asked (as regards the ceremonies of Hajj) at Mina on the Day of Nahr and he replied that there was no harm. Then a man said to him, "I got my head shaved before slaughtering." He replied, "Slaughter (now) and there is no harm in it." (Another) man said, "I did the Rami (of the Jimar) after midday." The Prophet replied, "There was no harm in it."

Allah's Apostle said, "If somebody is ordered (by the ruler or the judge) to take an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he will meet Him." And Allah revealed in its confirmation: 'Verily! Those who purchase a small gain at the cost of Allah's covenants and their own oaths.' (3.77) (The sub-narrator added:) Al-Ash'ath bin Qais entered, saying, "What did Abu `Abdur-Rahman narrate to you?" They said, "So-and-so," Al-Ash'ath said, "This verse was revealed in my connection. I had a well on the land of my cousin (and we had a dispute about it). I reported him to Allah 's Apostle who said (to me). "You should give evidence (i.e. witness) otherwise the oath of your opponent will render your claim invalid." I said, "Then he (my opponent) will take the oath, O Allah's Apostle." Allah's Apostle said, "Whoever is ordered (by the ruler or the judge) to give an oath, and he takes a false oath in order to grab the property of a Muslim, then he will incur Allah's Wrath when he meets Him on the Day of Resurrection."

Allah's Apostle stopped (for a while near the Jimar at Mina) during his last Hajj and the people started asking him questions. A man said, "Ignorantly I got my head shaved before slaughtering." The Prophet replied, "Slaughter (now) and there is no harm in it." Another man said, "Unknowingly I slaughtered the Hadi before doing the Rami." The Prophet said, "Do Rami now and there is no harm in it." So, on that day, when the Prophet was asked about anything (about the ceremonies of Hajj) done before or after (its stated time) his reply was, "Do it (now) and there is no harm."

Allah's Apostle said, "If somebody takes a false oath in order to get the property of a Muslim (unjustly) by that oath, then Allah will be angry with him when he will meet Him." Al-Ash'ath informed me, "By Allah! This was said regarding me. There was a dispute about a piece of land between me and a man from the Jews who denied my right. I took him to the Prophet. Allah's Apostle asked me, 'Do you have an evidence?' I replied in the negative. He said to the Jew, 'Take an oath.' I said, 'O Allah's Apostle! He will surely take an oath and take my property unjustly." So, Allah revealed: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . " (3.77)

that the Prophet entered upon her when she had her menses at Sarif before entering Mecca, and she was weeping (because she was afraid that she would not be able to perform the Hajj). The Prophet said, "What is wrong with you? Have you got your period?" She said, "Yes." He said, "This is a matter Allah has decreed for all the daughters of Adam, so perform all the ceremonies of Hajj like the others, but do not perform the Tawaf around the Ka`ba." `Aisha added: When we were at Mina, beef was brought to me and I asked, "What is this?" They (the people) said, "Allah's Apostle has slaughtered some cows as sacrifices on behalf of his wives."

`Abdullah bin Masud said, "Allah's Apostle said, 'Whoever takes an oath when asked to do so, in which he may deprive a Muslim of his property unlawfully, will meet Allah Who will be angry with him.' So Allah revealed in confirmation of this statement:--"Verily! Those who Purchase a small gain at the cost of Allah's Covenant and oaths, they shall have no portion in the Hereafter..." (3.77) Then entered Al-Ash'ath bin Qais and said, "What is Abu `Abdur-Rahman narrating to you?" We replied, 'So-and-so." Al-Ash'ath said, "This Verse was revealed in my connection. I had a well in the land of my cousin (and he denied my, possessing it). On that the Prophet said to me, 'Either you bring forward a proof or he (i.e. your cousin) takes an oath (to confirm his claim)' I said, 'I am sure he would take a (false) oath, O Allah's Apostle.' He said, 'If somebody takes an oath when asked to do so through which he may deprive a Muslim of his property (unlawfully) and he is a liar in his oath, he will meet Allah Who will be angry with him.' "

When the Messenger of Allah (saws) swore an oath, it was: No, and I beg forgiveness of Allah.

I saw the Prophet near the Jamra and the people were asking him questions (about religious problems). A man asked, "O Allah's Apostle! I have slaughtered the Hadi (animal) before doing the Rami." The Prophet replied, "Do the Rami (now) and there is no harm." Another person asked, "O Allah's Apostle! I got my head shaved before slaughtering the animal." The Prophet replied, "Do the slaughtering (now) and there is no harm." So on that day, when the Prophet was asked about anything as regards the ceremonies of Hajj performed before or after its due time his reply was, "Do it (now) and there is no harm."

Abu Dawud said : The version of Hisham was not narrated by anyone except Sa'id.

The Prophet was asked, "Who are the best people?" He replied: The people of my generation, and then those who will follow (come after) them, and then those who will come after the later; after that there will come some people whose witness will precede their oaths and their oaths will go ahead of their witness." Ibrahim (a sub-narrator) said, "When we were young, our elder friends used to prohibit us from taking oaths by saying, 'I bear witness swearing by Allah, or by Allah's Covenant."'

When Abu Musa arrived (at Kufa as a governor) he honored this family of Jarm (by paying them a visit). I was sitting near to him, and he was eating chicken as his lunch, and there was a man sitting amongst the people. Abu Musa invited the man to the lunch, but the latter said, "I saw chickens (eating something (dirty) so I consider them unclean." Abu Musa said, "Come on! I saw the Prophet eating it (i.e. chicken)." The man said "I have taken an oath that I will not ea (chicken)" Abu Musa said." Come on! I will tell you about your oath. We, a group of Al-Ash`ariyin people went to the Prophet and asked him to give us something to ride, but the Prophet refused. Then we asked him for the second time to give us something to ride, but the Prophet took an oath that he would not give us anything to ride. After a while, some camels of booty were brought to the Prophet and he ordered that five camels be given to us. When we took those camels we said, "We have made the Prophet forget his oath, and we will not be successful after that." So I went to the Prophet and said, "O Allah' Apostle ! You took an oath that you would not give us anything to ride, but you have given us." He said, "Yes, for if I take an oath and later I see a better solution than that, I act on the later (and gave the expiation of that oaths"

`Abdullah (bin Mas`ud) said, "Whoever takes a (false) oath in order to grab some property (unjustly), Allah will be angry with him when he will meet Him. Allah confirmed that through His Divine Revelation: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . they will have a painful punishment." (3.77) Al-Ash'ath bin Qais came to us and asked, 'What is Abu `Abdur-Rahman (i.e. `Abdullah) telling you? 'We told him what he was narrating to us. He said, 'He was telling the truth; this Divine Verse was revealed in connection with me. There was a dispute between me and another man about something and the case was filed before Allah's Apostle who said, 'Produce your two witnesses or else the defendant is to take an oath.' I said, The defendant will surely take a (false) oath caring for nothing.' The Prophet said, 'Whoever takes a false oath in order to grab (other's) property, then Allah will be angry with him when he will meet Him.' Then Allah revealed its confirmation. Al-Ashath then recited the above Divine Verse." (3.77)

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

Allah's Apostle said, "(A believer) who accompanies the funeral procession of a Muslim out of sincere faith and hoping to attain Allah's reward and remains with it till the funeral prayer is offered and the burial ceremonies are over, he will return with a reward of two Qirats. Each Qirat is like the size of the (Mount) Uhud. He who offers the funeral prayer only and returns before the burial, will return with the reward of one Qirat only."

I asked Anas bin Malik: "Did you use to dislike to perform Tawaf between Safa and Marwa?" He said, "Yes, as it was of the ceremonies of the days of the Pre-Islamic period of ignorance, till Allah revealed: 'Verily! (The two mountains) As-Safa and Al-Marwa are among the symbols of Allah. It is therefore no sin for him who performs the pilgrimage to the Ka`ba, or performs `Umra, to perform Tawaf between them.' " (2.158)

I heard `Umar bin `Abdul-Aziz asking As-Sa'ib, the nephew of An-Nimr. "What have you heard about residing in Mecca?" The other said, "I heard Al-Ala bin Al-Hadrami saying, Allah's Apostle said: An Emigrant is allowed to stay in Mecca for three days after departing from Mina (i.e. after performing all the ceremonies of Hajj)"

Allah's Apostle said, "Whoever takes a false oath so as to take the property of a Muslim (illegally) will meet Allah while He will be angry with him." Al-Ash'ath said: By Allah, that saying concerned me. I had common land with a Jew, and the Jew later on denied my ownership, so I took him to the Prophet who asked me whether I had a proof of my ownership. When I replied in the negative, the Prophet asked the Jew to take an oath. I said, "O Allah's Apostle! He will take an oath and deprive me of my property." So, Allah revealed the following verse: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths." (3.77)

The Prophet (saws) said: If anyone says when swearing an oath: "If Allah wills," he makes an exception.

The Prophet said, "The best people are those living in my generation, and then those who will follow them, and then those who will follow the latter. Then there will come some people who will bear witness before taking oaths, and take oaths before bearing witness." (Ibrahim, a sub-narrator said, "They used to beat us for witnesses and covenants when we were still children.")

Allah's Apostle stopped (for a while near the Jimar) at Mina during his last Hajj for the people and they were asking him questions. A man came and said, "I forgot and got my head shaved before slaughtering the Hadi (sacrificing animal)." The Prophet said, "There is no harm, go and do the slaughtering now." Then another person came and said, "I forgot and slaughtered (the camel) before Rami (throwing of the pebbles) at the Jamra." The Prophet said, "Do the Rami now and there is no harm." The narrator added: So on that day, when the Prophet was asked about anything (as regards the ceremonies of Hajj) performed before or after its due time, his reply was: "Do it (now) and there is no harm."

When the Messenger of Allah (saws) swore an oath strongly, he said: No, by Him in Whose hand is the soul of AbulQasim.

The Prophet took an oath that he would not enter upon some of his wives for one month. But when twenty nine days had elapsed, he went to them in the morning or evening. It was said to him, "O Allah's Prophet! You had taken an oath that you would not enter upon them for one month." He replied, "The month can be of twenty nine days."

On the day when Mecca was conquered, the Messenger of Allah (saws) gave protection to the People except four men and two women and he named them. Ibn AbuSarh was one of them.

He then narrated the tradition. He said: Ibn AbuSarh hid himself with Uthman ibn Affan. When the Messenger of Allah (saws) called the people to take the oath of allegiance, he brought him and made him stand before the Messenger of Allah (saws). He said: Messenger of Allah, receive the oath of allegiance from him. He raised his head and looked at him thrice, denying him every time. After the third time he received his oath. He then turned to his Companions and said: Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him? They replied: We do not know, Messenger of Allah, what lies in your heart; did you not give us an hint with your eye? He said: It is not proper for a Prophet to have a treacherous eye.

Abu Dawud said: 'Abd Allah (b. Abi Sarh) was the foster brother of 'Uthman, and Walid b. 'Uqbah was his brother by mother, and 'Uthman inflicted on him hadd punishment when he drank wine.

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, "Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better."

Yahya said that he heard Malik say, "Anyone who says that he has a vow but does not mention the name of Allah, is still obliged to make the kaffara for an oath (if he breaks it)".

Malik said, "Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I clothe you in this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is necessary, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that."

Malik said, "What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfill it, if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfill it, but it remains an obligation against her until she has the opportunity to complete it."

I heard the Prophet saying. "May I tell you of the people of Paradise? Every weak and poor obscure person whom the people look down upon but his oath is fulfilled by Allah when he takes an oath to do something. And may I inform you of the people of the Hell-Fire? They are all those violent, arrogant and stubborn people."

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

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

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

The Prophet said, "Whoever takes a (false) oath in order to grab (others) property, then Allah will be angry with him when he will meet Him."

When the people of Medina dethroned Yazid bin Muawiya, Ibn `Umar gathered his special friends and children and said, "I heard the Prophet saying, 'A flag will be fixed for every betrayer on the Day of Resurrection,' and we have given the oath of allegiance to this person (Yazid) in accordance with the conditions enjoined by Allah and His Apostle and I do not know of anything more faithless than fighting a person who has been given the oath of allegiance in accordance with the conditions enjoined by Allah and His Apostle , and if ever I learn that any person among you has agreed to dethrone Yazid, by giving the oath of allegiance (to somebody else) then there will be separation between him and me."

Abu Bakr As-Siddiq had never broken his oaths till Allah revealed the expiation for the oaths. Then he said, "If I take an oath to do something and later on I find something else better than the first one, then I do what is better and make expiation for my oath."

Allah's Apostle took an oath that he would not go to his wives for one month as his foot had been sprained. He stayed in an upper room when `Umar went to him and said, "Have you divorced your wives?" He said, "No, but I have taken an oath that I would not go to them for one month." The Prophet stayed there for twenty-nine days, and then came down and went to his wives.

Allah's Apostle entered upon me at Sarif while I was weeping (because I was afraid that I would not be able to perform the ,Hajj). He said, "What is wrong with you? Have you got your period?" I replied, "Yes." He said, "This is a matter Allah has decreed for all the daughters of Adam, so perform the ceremonies of the Hajj as the pilgrims do, but do not perform the Tawaf around the Ka`ba." Allah's Apostle slaughtered some cows as sacrifices on behalf of his wives.

I went to the Prophet along with a group of Al-Ash`ariyin in order to request him to provide us with mounts. He said, "By Allah, I will not provide you with mounts and I haven't got anything to mount you on." Then we stayed there as long as Allah wished us to stay, and then three very nice looking she-camels were brought to him and he made us ride them. When we left, we, or some of us, said, "By Allah, we will not be blessed, as we came to the Prophet asking him for mounts, and he swore that he would not give us any mounts but then he did give us. So let us go back to the Prophet and remind him (of his oath)." When we returned to him (and reminded him of the fact), he said, "I did not give you mounts, but it is Allah Who gave you. By Allah, Allah willing, if I ever take an oath to do something and then I find something else than the first, I will make expiation for my oath and do the thing which is better (or do something which is better and give the expiation for my oath).

That her father (Abu Bakr) never broke his oath till Allah revealed the order of the legal expiation for oath. Abu Bakr said, "If I ever take an oath (to do something) and later find that to do something else is better, then I accept Allah's permission and do that which is better, (and do the legal expiation for my oath ) ".

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

Once we were in the house of Abu Musa who presented a meal containing cooked chicken. A man from the tribe of Bani Taim Allah with red complexion as if he were from the Byzantine war prisoners, was present. Abu Musa invited him to share the meal but he (apologised) saying. "I saw chickens eating dirty things and so I have had a strong aversion to eating them, and have taken an oath that I will not eat chickens." Abu Musa said, "Come along, I will tell you about this matter (i.e. how to cancel one's oath). I went to the Prophet in the company of a group of Al-Ashariyin, asked him to provide us with means of conveyance. He said, 'By Allah, I will not provide you with any means of conveyance and I have nothing to make you ride on.' Then some camels as booty were brought to Allah's Apostle and he asked for us saying. 'Where are the group of Al-Ash`ariyun?' Then he ordered that we should be given five camels with white humps. When we set out we said, 'What have we done? We will never be blessed (with what we have been given).' So, we returned to the Prophet and said, 'We asked you to provide us with means of conveyance, but you took an oath that you would not provide us with any means of conveyance. Did you forget (your oath when you gave us the camels)? He replied. 'I have not provided you with means of conveyance, but Allah has provided you with it, and by Allah, Allah willing, if ever I take an oath to do something, and later on I find that it is more beneficial to do something different, I will do the thing which is better, and give expiation for my oath."

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."

Yahya said that Malik spoke about a man who died and had a debt owing to him and there was one witness, and some people had a debt against him and they had only one witness, and his heirs refused to take an oath on their rights with their witness. He said, "The creditors take an oath and take their rights. If there is anything left over, the heirs do not take any of it. That is because the oaths were offered to them before and they abandoned them, unless they say, 'We did not know that our companion had extra,' and it is known that they only abandoned the oaths because of that. I think that they should take an oath and take what remains after his debt."

When Allah's Apostle intended to carry on the Ghazwa of Hunain, he said, "Tomorrow, if Allah wished, our encamping) plaice will be Khaif Bani Kinana where (the infidels) took an oath to be loyal to Heathenism."

We gave the oath of allegiance to the Prophet under the tree. He said to me, "O Salama! Will you not give the oath of allegiance?" I replied, "O Allah's Apostle! I have already given the oath of allegiance for the first time." He said, (Give it again) for the second time.

The Prophet said, "Whoever takes a false oath in order to grab another man's (or his brother's) property, then Allah will be angry with him when he will meet him." Then Allah confirmed this by revealing the Divine Verse: "Verily! Those who purchase a little gain at the cost of Allah's Covenant and their oaths . . . Will get painful punishment." (3.77) Al-Ash'ath met me and asked, "What did `Abdullah tell you today?" I said, "So and so." He said, "The Verse was revealed regarding my case."

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

(the wife of the Prophet) When believing women came to the Prophet as emigrants, he used to test them in accordance with the order of Allah. 'O you who believe! When believing women come to you as emigrants, examine them . . .' (60.10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah's Apostle would say to them, "Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah's Apostle never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah's Apostle did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, "I have accepted your oath of allegiance."