We complained to Allah's Apostle (about our state) while he was leaning against his sheet cloak in the shade of the Ka`ba. We said, "Will you ask Allah to help us? Will you invoke Allah for us?" He said, "Among those who were before you a (believer) used to be seized and, a pit used to be dug for him and then he used to be placed in it. Then a saw used to be brought and put on his head which would be split into two halves. His flesh might be combed with iron combs and removed from his bones, yet, all that did not cause him to revert from his religion. By Allah! This religion (Islam) will be completed (and triumph) till a rider (traveler) goes from San`a' (the capital of Yemen) to Hadramout fearing nobody except Allah and the wolf lest it should trouble his sheep, but you are impatient." (See Hadith No. 191, Vol. 5)

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

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

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

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

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

Malik ...

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.

Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."

Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.

(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).

(the wife of the Prophet) Allah's Apostle came to me when Allah ordered him to give option to his wives. So Allah's Apostle started with me, saying, "I am going to mention to you something but you should not hasten (to give your reply) unless you consult your parents.' He knew that my parents would not order me to leave him. Then he said, "Allah says:-- "O Prophet! Say to your wives..." (33.28-29) On that I said to him, "Then why should I consult my parents? Verily, I seek Allah, His Apostle and the Home of the Hereafter."

The Prophet once came out to us and said, "Some nations were displayed before me. A prophet would pass in front of me with one man, and another with two men, and another with a group of people. and another with nobody with him. Then I saw a great crowd covering the horizon and I wished that they were my followers, but it was said to me, 'This is Moses and his followers.' Then it was said to me, 'Look'' I looked and saw a big gathering with a large number of people covering the horizon. It was said, "Look this way and that way.' So I saw a big crowd covering the horizon. Then it was said to me, "These are your followers, and among them there are 70,000 who will enter Paradise without (being asked about their) accounts. " Then the people dispersed and the Prophet did not tell who those 70,000 were. So the companions of the Prophet started talking about that and some of them said, "As regards us, we were born in the era of heathenism, but then we believed in Allah and His Apostle . We think however, that these (70,000) are our offspring." That talk reached the Prophet who said, "These (70,000) are the people who do not draw an evil omen from (birds) and do not get treated by branding themselves and do not treat with Ruqya, but put their trust (only) in their Lord." then 'Ukasha bin Muhsin got up and said, "O Allah's Apostle! Am I one of those (70,000)?" The Prophet said, "Yes." Then another person got up and said, "Am I one of them?" The Prophet said, " 'Ukasha has anticipated you."

From Ibn 'Umar, that the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated or they give each other than option."

He (Nafi') said: "So when Ibn 'Umar purchased something while he was sitting, he would stand to complete the sale."

Somebody came to the house of Ibn `Umar and told him that Allah's Apostles had entered the Ka`ba. Ibn `Umar said, "I went in front of the Ka`ba and found that Allah's Apostle had come out of the Ka`ba and I saw Bilal standing by the side of the gate of the Ka`ba. I said, 'O Bilal! Has Allah's Apostle (p.b.u.h) prayed inside the Ka`ba?' Bilal replied in the affirmative. I said, 'Where (did he pray)?' He replied, '(He prayed) Between these two pillars and then he came out and offered a two rak`at prayer in front of the Ka`ba.' " Abu `Abdullah said: Abu Huraira said, "The Prophet (p.b.u.h) advised me to offer two rak`at of Duha prayer (prayer to be offered after sunrise and before midday). " Itban (bin Malik) said, "Allah's Apostle (p.b.u.h) and Abu Bakr, came to me after sunrise and we aligned behind the Prophet (p.b.u.h) and offered two rak`at."

That the Messenger of Allah (saws) said: "When one of you (women) has a Mukatab ho has with him what will fulfill (the Kitabah) then observe Hijab from him."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And the meaning of this Hadith according to the people of knowledge is that of caution. They say that the Mukatab is not freed, even if he has the amount to pay, until he pays it.

We witnessed along with Allah's Apostle the Khaibar (campaign). Allah's Apostle told his companions about a man who claimed to be a Muslim, "This man is from the people of the Fire." When the battle started, the man fought very bravely and received a great number of wounds and got crippled. On that, a man from among the companions of the Prophet came and said, "O Allah's Apostle! Do you know what the man you described as of the people of the Fire has done? He has fought very bravely for Allah's Cause and he has received many wounds." The Prophet said, "But he is indeed one of the people of the Fire." Some of the Muslims were about to have some doubt about that statement. So while the man was in that state, the pain caused by the wounds troubled him so much that he put his hand into his quiver and took out an arrow and committed suicide with it. Off went some men from among the Muslims to Allah's Apostle and said, "O Allah's Apostle! Allah has made your statement true. So-and-so has committed suicide." Allah's Apostle said, "O Bilal! Get up and announce in public: None will enter Paradise but a believer, and Allah may support this religion (Islam) with a wicked man."

"The Prophet (saws) prohibited meeting the goods being brought (to the market). If someone were to meet them and buy them, then the owner of the goods retains the option when he reaches the market."

[Abu 'Eisa said:] This Hadith is Hasan Gharib narration of Ayyub (a narrator). The Hadith if Ibn Mas'ud is a Hasan Sahih Hadith. There are those among the people of knowledge who disliked meeting the owners of the goods, saying that it is a type of deception. This is the view of Ash-Shafi'i, and others among our companions.

"A slave came to give the pledge to the Prophet (saws) for Hijrah, but the Prophet (saws) did not realize that he was a slave. So his master came to get him and the Prophet (saws) said: 'Sell him to me.' So he purchased him for two black slaves. Then he would not pledge from anyone until he asked him if he was a slave."

[He said:] There is something on this topic from Anas.

[Abu 'Eisa said:] The Hadith of Jabir is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. There is no harm in a slave for two slaves in hand to hand exchange, but they differ when it is on credit.

On the day of the battle of Uhud, a man came to the Prophet and said, "Can you tell me where I will be if I should get martyred?" The Prophet replied, "In Paradise." The man threw away some dates he was carrying in his hand, and fought till he was martyred .

A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Book (Laws)." His opponent stood up and said, "He has said the truth, so judge between us according to Allah's Laws." The bedouin said, "My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death,' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year of exile.' " The Prophet said, "I shall judge between you according to Allah's Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!" The Prophet addressed some man, "Go in the morning to the wife of this man and stone her to death." So Unais went to her the next morning and stoned her to death.

"When the Prophet (saws) arrived in Al-Madinah, they were paying in advance for fruits. So he said: 'Whoever pays in advance, then let him pay in advance for known measurements (of dates), and known weights for a specified period of time.'"

He said: There are narrations on this topic from Ibn Abi Awfa and 'Abdur-Rahman bin Abza.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They allow for advanced payments on food, garments and other things in which the limits and description are known. They differed over delay in delivery of animals. Some of the people of knowledge among the Companions of the Prophet (saws) and others thought that delay in delivery of animals is allowed. This is the view of Ash-Shafi'i, Ahmad and Ishaq. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked delay in delivery of animals. This is the saying of Sufyan and the people of Al-Kufah. And Abu Al-Minhal's (a narrator) name is 'Abdur-Rahman bin Mut'im.

Ibn Maslamah and Ibn 'Isa reported from Muhammad b. al-Munkadir on the authority of Jabir.

A man committed fornication with a woman. So the Messenger of Allah (saws) ordered regarding him and the prescribed punishment of flogging was inflicted on him. He was then informed that he was married. So he commanded regarding him and he was stoned to death.

Abu Dawud said: This tradition has been transmitted by Muhammad b. Bakr al-Barsani from Ibn Juraij as a statement of Jabir, and Abu 'Asim has transmitted it from Ibn Juraid similar to that of Ibn Wahb. He did not mention the Prophet (saws). But he said: A man committed fornication, but did not know that he was married ; so he was flogged. It was then known that he was married, so he was stoned to death.

We came upon `Abdullah bin Mas`ud and he said "O people! If somebody knows something, he can say it, but if he does not know it, he should say, "Allah knows better,' for it is a sign of having knowledge to say about something which one does not know, 'Allah knows better.' Allah said to His Prophet: 'Say (O Muhammad ! ) No wage do I ask of You for this (Qur'an) nor am I one of the pretenders (a person who pretends things which do not exist).' (38.86) Now I will tell you about Ad- Dukhan (the smoke), Allah's Apostle invited the Quraish to embrace Islam, but they delayed their response. So he said, "O Allah! Help me against them by sending on them seven years of famine similar to the seven years of famine of Joseph." So the famine year overtook them and everything was destroyed till they ate dead animals and skins. People started imagining to see smoke between them and the sky because of severe hunger. Allah said: 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people. . . This is painful torment.' (44.10-11) (So they invoked Allah) "Our Lord! Remove the punishment from us really we are believers." How can there be an (effectual) reminder for them when an Apostle, explaining things clearly, has already come to them? Then they had turned away from him and said: 'One taught (by a human being), a madman?' 'We shall indeed remove punishment for a while, but truly, you will revert (to disbelief).' (44.12-15) Will the punishment be removed on the Day of Resurrection?" `Abdullah added, "The punishment was removed from them for a while but they reverted to disbelief, so Allah destroyed them on the Day of Badr. Allah said: 'The day We shall seize you with a mighty grasp. We will indeed (then) exact retribution." (44.16)

"My father had me married so he invited people, and Safwan bin Umayyah was among them. So he said: 'Indeed the Messenger of Allah (saws) said: 'Bite the meat (with your teeth) for indeed it is more enjoyable and more wholesome.

He said: There are narration on this topic from 'Aishah and Abu Hurairah.

[Abu 'Eisa said:] We do not know of this Hadith except through the narration of 'Abdul-Karim. Some of the people of knowledge have criticized 'Abdul-Karim Al-Mu'allim because of his memory, Ayyub As-Sakhtiyani was among them.

That the Messenger of Allah (saws) said: "None of you is to sell over the sale of others, nor to propose over the proposal of others."

[He said:] There are narration on this topic from Abu Hurairah and Samurah.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is a Hasan Sahih Hadith.

And it has been reported from the Prophet (saws) that he said: "Do not haggle in competition with your brother's haggling." And the meaning of sale in this Hadith of the Prophet (saws), according to some of the people of knowledge is to haggle.

A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.

"The Messenger of Allah (saws) prohibited the price of the dog and the cat."

[Abu 'Eisa said:] There is some confusion (Idtirab) in the chain for this Hadith. The price of a cat is not correct. This Hadith has been reported from Al-A'mash, from some of his companions, from Jabir, and they caused some confusion for Al-A'mash in this narration.

There are those among the people of knowledge who disliked the price of a cat, and some of them permitted it. This is the view of Ahmad and Ishaq. It has been reported from Ibn Al-Fudail, from Al-A'mash, from Abu Hazim, from Abu Hurairah from the Prophet (saws), through other than this route.

Allah's Apostle said to Abu Talha, "Seek one of your boys to serve me." Abu Talha mounted me behind him (on his riding animal) and took me (to the Prophet ). So I used to serve Allah's Apostle whenever he dismounted (to stay somewhere). I used to hear him saying very often, "O Allah! I seek refuge with You from, having worries sadness, helplessness, laziness, miserliness, cowardice, from being heavily in debt and from being overpowered by other persons unjustly." I kept on serving till we -returned from the battle of Khaibar. The Prophet then brought Safiyya bint Huyai whom he had won from the war booty. I saw him folding up a gown or a garment for her to sit on behind him (on his shecamel). When he reached As-Sahba', he prepared Hais and placed it on a dining sheet. Then he sent me to invite men, who (came and) ate; and that was his and Safiyya's wedding banquet. Then the Prophet proceeded, and when he saw (noticed) the mountain of Uhud, he said, "This mountain loves us, and we love it." When we approached Medina, he said, "O Allah! I make the area between its two mountains a sanctuary as Abraham has made Mecca a sanctuary. O Allah! Bless their Mudd and Sa (special kinds of measure).

The Prophet said to Abu Talha, "Choose one of your boys to serve me." So Abu Talha took me (to serve the Prophet ) by giving me a ride behind him (on his camel). So I used to serve Allah's Apostle whenever he stayed somewhere. I used to hear him saying, "O Allah! I seek refuge with you (Allah) from (worries) care and grief, from incapacity and laziness, from miserliness and cowardice, from being heavily in debt and from being overpowered by other men." I kept on serving him till he returned from (the battle of) Khaibar. He then brought Safiya, the daughter of Huyay whom he had got (from the booty). I saw him making a kind of cushion with a cloak or a garment for her. He then let her ride behind him. When we reached a place called As-Sahba', he prepared (a special meal called) Hais, and asked me to invite the men who (came and) ate, and that was the marriage banquet given on the consummation of his marriage to her. Then he proceeded till the mountain of Uhud appeared, whereupon he said, "This mountain loves us and we love it." When he approached Medina, he said, "O Allah! I make the land between its (i.e., Medina's) two mountains a sanctuary, as the prophet Abraham made Mecca a sanctuary. O Allah! Bless them (the people of Medina) in their Mudd and the Sa' (units of measuring).

Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.

We were one thousand and four hundred on the Day of Al-Hudaibiya.