Yahya said that Malik spoke about an agent who had qirad money with him and he spent from it and clothed himself. He said, "He cannot give away any of it, and neither a beggar nor anyone else is to be given any of it and he does not pay anyone compensation from it. If he meets some people, and they bring out food and he brings out food, I hope that that will be permitted to him if he does not intend to bestow something on them. If he intends that or what is like that without the permission of the investor, he must get the sanction of the investor for it. If he sanctions it, there is no harm. If he refuses to sanction it, he must repay it with like if he has something which is suitable as compensation."

(freed slave of) Ziyad: I heard Abu Sa`id Al-khudri narrating four things from the Prophet and I appreciated them very much. He said, conveying the words of the Prophet. (1) "A woman should not go on a two day journey except with her husband or a Dhi-Mahram. (2) No fasting is permissible on two days: `Id-ul-Fitr and `Id-ul-Adha. (3) No prayer after two prayers, i.e. after the Fajr prayer till the sunrises and after the `Asr prayer till the sun sets. (4) Do not prepare yourself for a journey except to three Mosques, i.e. Al-Masjid-AI-Haram, the Mosque of Aqsa (Jerusalem) and my Mosque."

(who fought in twelve Ghazawat in the company of the Prophet). I heard four things from the Prophet and they won my admiration. He said; -1. "No lady should travel on a journey of two days except with her husband or a Dhi-Mahram; -2. "No fasting is permissible on the two days of Id-ul-Fitr and `Id-ul-Adha; -3. "No prayer (may be offered) after the morning compulsory prayer until the sun rises; and no prayer after the `Asr prayer till the sun sets; -4. "One should travel only for visiting three Masjid (Mosques): Masjid-al-Haram (Mecca), Masjid-al- Aqsa (Jerusalem), and this (my) Mosque (at Medina).

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

It's narrated that AbdurRahman bin AlQasim said "Then it is not (permissible) for anyone after the Prophet ﷺ to say 'Go and kill him, but then you will be like him.' "

Narrated Al-Bara bin Azib that once he had a guest, so he told his family (on the Day of Id-ul-Adha) that they should slaughter the animal for sacrifice before he returned from the ('Id) prayer in order that their guest could take his meal. So his family slaughtered (the animal ) before the prayer. Then they mentioned that event to the Prophet who ordered Al-Bara to slaughter another sacrifice. Al-Bara' said to the Prophet , "I have a young milch she-goat which is better than two sheep for slaughtering." (The sub-narrator, Ibn 'Aun used to say, "I don't know whether the permission (to slaughter a she-goat as a sacrifice) was especially given to Al-Bara' or if it was in general for all the Muslims.") (See Hadith No. 99, Vol. 2.)

(the slave of Asma') During the night of Jam', Asma' got down at Al-Muzdalifa and stood up for (offering) the prayer and offered the prayer for some time and then asked, "O my son! Has the moon set?" I replied in the negative and she again prayed for another period and then asked, "Has the moon set?" I replied, "Yes." So she said that we should set out (for Mina), and we departed and went on till she threw pebbles at the Jamra (Jamrat-Al-`Aqaba) and then she returned to her dwelling place and offered the morning prayer. I asked her, "O you! I think we have come (to Mina) early in the night." She replied, "O my son! Allah's Apostle gave permission to the women to do so."

Abu Sa`id who participated in twelve Ghazawat with the Prophet said, "I heard four things from Allah's Apostle (or I narrate them from the Prophet ) which won my admiration and appreciation. They are: -1. "No lady should travel without her husband or without a Dhu-Mahram for a two-days' journey. -2. No fasting is permissible on two days of `Id-ul-Fitr, and `Id-al-Adha. -3. No prayer (may be offered) after two prayers: after the `Asr prayer till the sun set and after the morning prayer till the sun rises. -4. Not to travel (for visiting) except for three mosques: Masjid-al-Haram (in Mecca), my Mosque (in Medina), and Masjid-al-Aqsa (in Jerusalem).

"The Messenger of Allah (saws) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (saws) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked separating between the captives when selling them.

Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."

A man from the Companions of the Prophet (saws) passed by ravine containing a small spring of thirst quenching water, so he was amazed by how pleasant it was. So he said: 'I should leave the people and stay in this ravine. But I will not do it until I seek permission from the Messenger of Allah (saws).' So he mentioned that to the Messenger of Allah (saws) and he said: 'Do not do so. For indeed one of you standing in the cause of Allah is more virtuous that his Salat in his house for seventy years. Do you not love that Allah forgive your sins and admit you into Paradise ? Then fight in the cause of Allah, for whoever fights in Allah's cause for the time it takes for two milkings of a camel, then Paradise is obligatory for him.'"

[Abu 'Eisa said:] This Hadith is Hasan.

Yahya related to me from Malik that he had heard that Uthman ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra, until he had returned .

Malik said, ''Umra is a sunna, and we do not know of any muslim who has ever said that it is permissible not to do it."

Malik said, "I do not think that anyone can do more than one umra in any one year."

Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra, which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.

Malik said, "Someone who entered Makka to do umra, and does tawaf of the House and say between Safa and Marwa while he is junub, or not in wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. "

Malik said, "As for beginning umra at at-Tanim, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tanim), or one which is further away."

who was one of the companions of Allah's Apostle and one of the Ansar's who took part in the battle of Badr: I came to Allah's Apostle and said, "O Allah's Apostle I have weak eyesight and I lead my people in prayers. When it rains the water flows in the valley between me and my people so I cannot go to their mosque to lead them in prayer. O Allah's Apostle! I wish you would come to my house and pray in it so that I could take that place as a Musalla. Allah's Apostle said. "Allah willing, I will do so." Next day after the sun rose high, Allah's Apostle and Abu Bakr came and Allah's Apostle asked for permission to enter. I gave him permission and he did not sit on entering the house but said to me, "Where do you like me to pray?" I pointed to a place in my house. So Allah's Apostle stood there and said, 'Allahu Akbar', and we all got up and aligned behind him and offered a two-rak`at prayer and ended it with Taslim. We requested him to stay for a meal called "Khazira" which we had prepared for him. Many members of our family gathered in the house and one of them said, "Where is Malik bin Al-Dukhaishin or Ibn Al-Dukhshun?" One of them replied, "He is a hypocrite and does not love Allah and His Apostle." Hearing that, Allah's Apostle said, "Do not say so. Haven't you seen that he said, 'None has the right to be worshipped but Allah' for Allah's sake only?" He said, "Allah and His Apostle know better. We have seen him helping and advising hypocrites." Allah's Apostle said, "Allah has forbidden the (Hell) fire for those who say, 'None has the right to be worshipped but Allah' for Allah's sake only."

A man asked permission to enter upon the Prophet. When the Prophet saw him, he said, "What an evil brother of his tribe! And what an evil son of his tribe!" When that man sat down, the Prophet behaved with him in a nice and polite manner and was completely at ease with him. When that person had left, 'Aisha said (to the Prophet). "O Allah's Apostle! When you saw that man, you said so-and-so about him, then you showed him a kind and polite behavior, and you enjoyed his company?" Allah's Apostle said, "O 'Aisha! Have you ever seen me speaking a bad and dirty language? (Remember that) the worst people in Allah's sight on the Day of Resurrection will be those whom the people leave (undisturbed) to be away from their evil (deeds)."

Allah's Apostle said, "Inform me of a tree which resembles a Muslim, giving its fruits at every season by the permission of its Lord, and the leaves of which do not fall." I thought of the date-palm tree, but I disliked to speak because Abu Bakr and `Umar were present there. When nobody spoke, the Prophet said, "It is the date-palm tree" When I came out with my father, I said, "O father! It came to my mind that it was the date-palm tree." He said, "What prevented you from saying it?" Had you said it, it would have been more dearer to me than such-and-such a thing (fortune)." I said, "Nothing prevented me but the fact that neither you nor Abu Bakr spoke, so I disliked to speak (in your presence).

Abu Musa asked permission to enter upon `Umar, but seeing that he was busy, he went away. `Umar then said, "Didn't I hear the voice of `Abdullah bin Qais? Allow him to come in." He was called in and `Umar said to him, "What made you do what you did." He replied, "We have been instructed thus by the Prophet" `Umar said, "Bring proof (witness) for this, other wise I will do so-and-so to you." Then `Abdullah bin Qais went to a gathering of the Ansar who then said, "None but the youngest of us will give the witness for it." So Abu Sa`id Al-Khudri got up and said, "We used to be instructed thus (by the Prophet)." `Umar said, "This tradition of the Prophet remained hidden from me. Business in the market kept me busy."

We have nothing except the Book of Allah and this written paper from the Prophet (wherein is written:) Medina is a sanctuary from the 'Air Mountain to such and such a place, and whoever innovates in it an heresy or commits a sin, or gives shelter to such an innovator in it will incur the curse of Allah, the angels, and all the people, none of his compulsory or optional good deeds of worship will be accepted. And the asylum (of protection) granted by any Muslim is to be secured (respected) by all the other Muslims; and whoever betrays a Muslim in this respect incurs the curse of Allah, the angels, and all the people, and none of his compulsory or optional good deeds of worship will be accepted, and whoever (freed slave) befriends (take as masters) other than his manumitters without their permission incurs the curse of Allah, the angels, and all the people, and none of his compulsory or optional good deeds of worship 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."

Once the journey-food of the people ran short and they were in great need. So, they came to the Prophet to take his permission for slaughtering their camels, and he permitted them. Then `Umar met them and they informed him about it. He said, "What will sustain you after your camels (are finished)?" Then `Umar went to the Prophet and said, "O Allah's Apostle! What will sustain them after their camels (are finished)?" Allah's Apostle said, "Make an announcement amongst the people that they should bring all their remaining food (to me)." (They brought it and) the Prophet invoked Allah and asked for His Blessings for it. Then he asked them to bring their food utensils and the people started filling their food utensils with their hands till they were satisfied. Allah's Apostle then said, "I testify that None has the right to be worshipped but Allah, and I am His Apostle. "

'I went and entered upon `Umar, his doorman, Yarfa came saying `Uthman, `Abdur-Rahman, Az- Zubair and Sa`d are asking your permission (to see you). May I admit them? `Umar said, 'Yes.' So he admitted them Then he came again and said, 'May I admit `Ali and `Abbas?' He said, 'Yes.' `Abbas said, 'O, chief of the believers! Judge between me and this man (Ali ). `Umar said, 'I beseech you by Allah by Whose permission both the heaven and the earth exist, do you know that Allah's Apostle said, 'Our (the Apostles') property will not be inherited, and whatever we leave (after our death) is to be spent in charity?' And by that Allah's Apostle meant himself.' The group said, '(No doubt), he said so.' `Umar then faced `Ali and `Abbas and said, 'Do you both know that Allah's Apostle said that?' They replied, '(No doubt), he said so.' `Umar said, 'So let me talk to you about this matter. Allah favored His Apostle with something of this Fai' (i.e. booty won by the Muslims at war without fighting) which He did not give to anybody else; Allah said:-- 'And what Allah gave to His Apostle ( Fai' Booty) .........to do all things....(59.6) And so that property was only for Allah's Apostle . Yet, by Allah, he neither gathered that property for himself nor withheld it from you, but he gave its income to you, and distributed it among you till there remained the present property out of which the Prophet used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's property is spent (i.e. in charity etc.). Allah's Apostle followed that throughout his life. Now I beseech you by Allah, do you know all that?' They said, 'Yes.' `Umar then said to `Ali and `Abbas, 'I beseech you by Allah, do you know that?' Both of them said, 'Yes.' `Umar added, 'And when the Prophet died, Abu Bakr said, ' I am the successor of Allah's Apostle, and took charge of that property and managed it in the same way as Allah's Apostle did. Then I took charge of this property for two years during which I managed it as Allah's Apostle and Abu Bakr did. Then you both (`Ali and `Abbas) came to talk to me, bearing the same claim and presenting the same case. (O `Abbas!) You came to me asking for your share from the property of your nephew, and this man (Ali) came to me, asking for the share of h is wife from the property of her father. I said, 'If you both wish, I will give that to you on that condition (i.e. that you would follow the way of the Prophet and Abu Bakr and as I (`Umar) have done in man aging it).' Now both of you seek of me a verdict other than that? Lo! By Allah, by Whose permission both the heaven and the earth exist, I will not give any verdict other than that till the Hour is established. If you are unable to manage it, then return it to me, and I will be sufficient to manage it on your behalf.' "

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a certain man kissed his wife while he was fasting in Ramadan. This made him very anxious, and so he sent his wife to the Prophet, may Allah bless him and grant him peace, to ask him about that for him. She went in and saw Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and mentioned the matter to her, and Umm Salama told her that the Messenger of Allah, may Allah bless him and grant him peace, used to kiss while he was fasting. So she went back and told her husband that, but it only made him find fault all the more and he said, "We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for the Messenger of Allah, may Allah bless him and grant him peace, whatever He wishes."

His wife then went back to Umm Salama and found the Messenger of Allah, may Allah bless him and grant him peace, with her. The Messenger of Allah, may Allah bless him and grant him peace, said, "What's the matter with this woman?", and Umm Salama told him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Didn't you tell her that I do that myself?" and she said, "I told her, and she went to her husband and told him, but it only made him find fault all the more and say, 'We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for His Messenger, may Allah bless him and grant him peace, whatever He wishes.' " The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I am the one with the most taqwa of Allah of you all, and of you all the one who best knows His limits."

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

We did not, write anything from the Prophet except the Qur'an and what is written in this paper, (wherein) the Prophet said, "Medina is a sanctuary from (the mountain of) Air to so and-so, therefore, whoever innovates (in it) an heresy or commits a sin, or gives shelter to such an innovator, will incur the Curse of Allah. the angels and all the people; and none of his compulsory or optional good deeds of worship will be accepted And the asylum granted by any Muslim Is to be secured by all the Muslims even if it is granted by one of the lowest social status among them. And whoever betrays a Muslim in this respect will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted. And any freed slave will take as masters (befriends) people other than his own real masters who freed him without taking the permission of the latter, will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted."

The people (of the Pre-Islamic Period) used to think that to perform `Umra during the months of Hajj was one of the major sins on earth. And also used to consider the month of Safar as a forbidden (i.e. sacred) month and they used to say, "When the wounds of the camel's back heal up (after they return from Hajj) and the signs of those wounds vanish and the month of Safar passes away then (at that time) `Umra is permissible for the one who wishes to perform it." In the morning of the 4th of Dhul- Hijja, the Prophet and his companions reached Mecca, assuming Ihram for Hajj and he ordered his companions to make their intentions of the Ihram for `Umra only (instead of Hajj) so they considered his order as something great and were puzzled, and said, "O Allah's Apostle! What kind (of finishing) of Ihram is allowed?" The Prophet replied, "Finish the Ihram completely like a non-Muhrim (you are allowed everything)."

On the day of the conquest of Mecca, the Prophet said, "There is no more emigration (from Mecca) but Jihad and intentions, and whenever you are called for Jihad, you should go immediately. No doubt, Allah has made this place (Mecca) a sanctuary since the creation of the heavens and the earth and will remain a sanctuary till the Day of Resurrection as Allah has ordained its sanctity. Fighting was not permissible in it for anyone before me, and even for me it was allowed only for a portion of a day. So, it is a sanctuary with Allah's sanctity till the Day of Resurrection. Its thorns should not be uprooted and its game should not be chased; and its luqata (fallen things) should not be picked up except by one who would announce that publicly, and its vegetation (grass etc.) should not be cut." Al-`Abbas said, "O Allah's Apostle! Except Al-Idhkhir, (for it is used by their blacksmiths and for their domestic purposes)." So, the Prophet said, "Except Al-Idhkhir."

Allah's Apostle used to practice I`tikaf every year in the month of Ramadan. And after offering the morning prayer, he used to enter the place of his I`tikaf. `Aisha asked his permission to let her practice I`tikaf and he allowed her, and so she pitched a tent in the mosque. When Hafsa heard of that, she also pitched a tent (for herself), and when Zainab heard of that, she too pitched another tent. When, in the morning, Allah's Apostle had finished the morning prayer, he saw four tents and asked, "What is this?" He was informed about it. He then said, "What made them do this? Is it righteousness? Remove the tents, for I do not want to see them." So, the tents were removed. The Prophet did not perform I`tikaf that year in the month of Ramadan, but did it in the last ten days of Shawwal.

Ibn `Abbas said, "In the verse: To every one We have appointed ' (Muwaliya Muwaliya means one's) heirs (4.33).' (And regarding the verse) 'And those with whom your right hands have made a pledge.' Ibn `Abbas said, "When the emigrants came to the Prophet in Medina, the emigrant would inherit the Ansari while the latter's relatives would not inherit him because of the bond of brotherhood which the Prophet established between them (i.e. the emigrants and the Ansar). When the verse: 'And to everyone We have appointed heirs' (4.33) was revealed, it canceled (the bond (the pledge) of brotherhood regarding inheritance)." Then he said, "The verse: To those also to whom your right hands have pledged, remained valid regarding cooperation and mutual advice, while the matter of inheritance was excluded and it became permissible to assign something in one's testament to the person who had the right of inheriting before.

Once (on a journey) our provisions diminished and the people were reduced to poverty. They went to the Prophet and asked his permission to slaughter their camels, and he agreed. `Umar met them and they told him about it, and he said, "How would you survive after slaughtering your camels?" Then he went to the Prophet and said, "O Allah's Apostle! How would they survive after slaughtering their camels?" Allah's Apostle ordered `Umar, "Call upon the people to bring what has remained of their food." A leather sheet was spread and all the food was collected and heaped over it. Allah's Apostle stood up and invoked Allah to bless it, and then directed all the people to come with their utensils, and they started taking from it till all of them got what was sufficient for them. Allah's Apostle then said, "I testify that None has the right to be worshipped but Allah, and I am His Messenger."

Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."

Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."

Hashraj ibn Ziyad reported on the authority of his grandmother that she went out with the Messenger of Allah (saws) for the battle of Khaybar. They were six in number including herself.

(She said): When the Messenger of Allah (saws) was informed about it, he sent for us. We came to him, and found him angry.

He said: With whom did you come out, and by whose permission did you come out?

We said: Messenger of Allah, we have come out to spin the hair, by which we provide aid in the cause of Allah. We have medicine for the wounded, we hand arrows (to the fighters), and supply drink made of wheat or barley.

He said: Stand up. When Allah bestowed victory of Khaybar on him, he allotted shares to us from spoils that he allotted to the men. He (Hashraj ibn Ziyad) said: I said to her: Grandmother, what was that? She replied: Dates.

We alighted with the Prophet (saws) at Khaybar, and he had his companions with him. The chief of Khaybar was a defiant and abominable man.

He came to the Prophet (saws) and said: Is it proper for you, Muhammad, that you slaughter our donkeys, eat our fruit, and beat our women?

The Prophet (saws) became angry and said: Ibn Awf, ride your horse, and call loudly: Beware, Paradise is lawful only for a believer, and that they (the people) should gather for prayer.

They gathered and the Prophet (saws) led them in prayer, stood up and said: Does any of you, while reclining on his couch, imagine that Allah has prohibited only that which is to be found in this Qur'an? By Allah, I have preached, commanded and prohibited various matters as numerous as that which is found in the Qur'an, or more numerous. Allah has not permitted you to enter the houses of the people of the Book without permission, or beat their women, or eat their fruits when they give you that which is imposed on them.

I met Bilal, the Mu'adhdhin of the Messenger of Allah (saws) at Aleppo, and said: Bilal, tell me, what was the financial position of the Messenger of Allah (saws)?

He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (saws) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him.

A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants.

When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Messenger of Allah (saws) returned to his family. I sought permission from him and he gave me permission.

I said: Messenger of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (saws) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way.

All of a sudden I saw a man running towards me and calling: Bilal, return to the Messenger of Allah (saws). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission.

The Messenger of Allah (saws) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground?

I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so.

He then mentioned the rest of the tradition. I then went to the mosque and found that the Messenger of Allah (saws) was sitting there. I greeted him.

He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Messenger of Allah (saws). Nothing remains now.

He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Messenger of Allah (saws) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)?

I said: I still have it, no one came to me. The Messenger of Allah (saws) passed the night in the mosque.

He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)?

I replied: Allah has given you comfort from it, Messenger of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.

Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi that Ubaydullah ibn Adi ibnal-Khiyar said, "Once when the Messenger of Allah, may Allah bless him and grant him peace, was sitting with some people, a man came to him and spoke secretly to him. Nobody knew what he had said until the Messenger of Allah, may Allah bless him and grant him peace, disclosed that he had asked for permission to kill one of the hypocrites. When he disclosed this, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Doesn't he testify that there is no god but Allah and that Muhammad is the Messenger of Allah?' The man replied, 'Of course, but he hasn't really done so.' He said, 'Doesn't he do the prayer?' and the man replied, 'Of course, but he doesn't really do the prayer.' He said, may Allah bless him and grant him peace, 'Those are the ones whom Allah has forbidden me (to kill).' "

Abu Musa asked `Umar to admit him but he was not admitted as `Umar was busy, so Abu Musa went back. When `Umar finished his job he said, "Didn't I hear the voice of `Abdullah bin Qais? Let him come in." `Umar was told that he had left. So, he sent for him and on his arrival, he (Abu Musa) said, "We were ordered to do so (i.e. to leave if not admitted after asking permission thrice). `Umar told him, "Bring witness in proof of your statement." Abu Musa went to the Ansar's meeting places and asked them. They said, "None amongst us will give this witness except the youngest of us, Abu Sa`id Al-Khudri. Abu Musa then took Abu Sa`id Al-Khudri (to `Umar) and `Umar said, surprisingly, "Has this order of Allah's Apostle been hidden from me?" (Then he added), "I used to be busy trading in markets."

When the Prophet (saws) proceeded for the Battle of Badr, I said to him: Messenger of Allah allow me to accompany you in the battle. I shall act as a nurse for patients. It is possible that Allah might bestow martyrdom upon me. He said: Stay at your home. Allah, the Almighty , will bestow martyrdom upon you.

The narrator said: Hence she was called martyr. She read the Qur'an. She sought permission from the Prophet (saws) to have a mu'adhdhin in her house. He, therefore, permitted her (to do so).

She announced that her slave and slave-girl would be free after her death. One night they went to her and strangled her with a sheet of cloth until she died, and they ran away.

Next day Umar announced among the people, "Anyone who has knowledge about them, or has seen them, should bring them (to him)."

Umar (after their arrest) ordered (to crucify them) and they were crucified. This was the first crucifixion at Medina.

I saw `Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with Hudhaifa bin Al-Yaman and `Uthman bin Hunaif to whom he said, "What have you done? Do you think that you have imposed more taxation on the land (of As-Swad i.e. 'Iraq) than it can bear?" They replied, "We have imposed on it what it can bear because of its great yield." `Umar again said, "Check whether you have imposed on the land what it can not bear." They said, "No, (we haven't)." `Umar added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after me." But only four days had elapsed when he was stabbed (to death ). The day he was stabbed, I was standing and there was nobody between me and him (i.e. `Umar) except `Abdullah bin `Abbas. Whenever `Umar passed between the two rows, he would say, "Stand in straight lines." When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would recite Surat Yusuf or An-Nahl or the like in the first rak`a so that the people may have the time to Join the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that he had been captured, the non-Arab infidel killed himself, `Umar held the hand of `Abdur-Rahman bin `Auf and let him lead the prayer. Those who were standing by the side of `Umar saw what I saw, but the people who were in the other parts of the Mosque did not see anything, but they lost the voice of `Umar and they were saying, "Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." `Abdur-Rahman bin `Auf led the people a short prayer. When they finished the prayer, `Umar said, "O Ibn `Abbas! Find out who attacked me." Ibn `Abbas kept on looking here and there for a short time and came to say. "The slave of Al Mughira." On that `Umar said, "The craftsman?" Ibn `Abbas said, "Yes." `Umar said, "May Allah curse him. I did not treat him unjustly. All the Praises are for Allah Who has not caused me to die at the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to love to have more non-Arab infidels in Medina." Al-Abbas had the greatest number of slaves. Ibn `Abbas said to `Umar. "If you wish, we will do." He meant, "If you wish we will kill them." `Umar said, "You are mistaken (for you can't kill them) after they have spoken your language, prayed towards your Qibla, and performed Hajj like yours." Then `Umar was carried to his house, and we went along with him, and the people were as if they had never suffered a calamity before. Some said, "Do not worry (he will be Alright soon)." Some said, "We are afraid (that he will die)." Then an infusion of dates was brought to him and he drank it but it came out (of the wound) of his belly. Then milk was brought to him and he drank it, and it also came out of his belly. The people realized that he would die. We went to him, and the people came, praising him. A young man came saying, "O chief of the believers! Receive the glad tidings from Allah to you due to your company with Allah's Apostle and your superiority in Islam which you know. Then you became the ruler (i.e. Caliph) and you ruled with justice and finally you have been martyred." `Umar said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose nor gain anything." When the young man turned back to leave, his clothes seemed to be touching the ground. `Umar said, "Call the young man back to me." (When he came back) `Umar said, "O son of my brother! Lift your clothes, for this will keep your clothes clean and save you from the Punishment of your Lord." `Umar further said, "O `Abdullah bin `Umar! See how much I am in debt to others." When the debt was checked, it amounted to approximately eighty-six thousand. `Umar said, "If the property of `Umar's family covers the debt, then pay the debt thereof; otherwise request it from Bani `Adi bin Ka`b, and if that too is not sufficient, ask for it from Quraish tribe, and do not ask for it from any one else, and pay this debt on my behalf." `Umar then said (to `Abdullah), "Go to `Aisha (the mother of the believers) and say: "`Umar is paying his salutation to you. But don't say: 'The chief of the believers,' because today I am not the chief of the believers. And say: "`Umar bin Al-Khattab asks the permission to be buried with his two companions (i.e. the Prophet, and Abu Bakr)." `Abdullah greeted `Aisha and asked for the permission for entering, and then entered to her and found her sitting and weeping. He said to her, "`Umar bin Al-Khattab is paying his salutations to you, and asks the permission to be buried with his two companions." She said, "I had the idea of having this place for myself, but today I prefer `Umar to myself." When he returned it was said (to `Umar), "`Abdullah bin `Umar has come." `Umar said, "Make me sit up." Somebody supported him against his body and `Umar asked (`Abdullah), "What news do you have?" He said, "O chief of the believers! It is as you wish. She has given the permission." `Umar said, "Praise be to Allah, there was nothing more important to me than this. So when I die, take me, and greet `Aisha and say: "`Umar bin Al-Khattab asks the permission (to be buried with the Prophet ), and if she gives the permission, bury me there, and if she refuses, then take me to the grave-yard of the Muslims." Then Hafsa (the mother of the believers) came with many other women walking with her. When we saw her, we went away. She went in (to `Umar) and wept there for sometime. When the men asked for permission to enter, she went into another place, and we heard her weeping inside. The people said (to `Umar), "O chief of the believers! Appoint a successor." `Umar said, "I do not find anyone more suitable for the job than the following persons or group whom Allah's Apostle had been pleased with before he died." Then `Umar mentioned `Ali, `Uthman, AzZubair, Talha, Sa`d and `Abdur-Rahman (bin `Auf) and said, "Abdullah bin `Umar will be a witness to you, but he will have no share in the rule. His being a witness will compensate him for not sharing the right of ruling. If Sa`d becomes the ruler, it will be alright: otherwise, whoever becomes the ruler should seek his help, as I have not dismissed him because of disability or dishonesty." `Umar added, "I recommend that my successor takes care of the early emigrants; to know their rights and protect their honor and sacred things. I also recommend that he be kind to the Ansar who had lived in Medina before the emigrants and Belief had entered their hearts before them. I recommend that the (ruler) should accept the good of the righteous among them and excuse their wrong-doers, and I recommend that he should do good to all the people of the towns (Al-Ansar), as they are the protectors of Islam and the source of wealth and the source of annoyance to the enemy. I also recommend that nothing be taken from them except from their surplus with their consent. I also recommend that he do good to the 'Arab bedouin, as they are the origin of the 'Arabs and the material of Islam. He should take from what is inferior, amongst their properties and distribute that to the poor amongst them. I also recommend him concerning Allah's and His Apostle's protectees (i.e. Dhimmis) to fulfill their contracts and to fight for them and not to overburden them with what is beyond their ability." So when `Umar expired, we carried him out and set out walking. `Abdullah bin `Umar greeted (`Aisha) and said, "`Umar bin Al-Khattab asks for the permission." `Aisha said, "Bring him in." He was brought in and buried beside his two companions. When he was buried, the group (recommended by `Umar) held a meeting. Then `Abdur-Rahman said, " Reduce the candidates for rulership to three of you." Az-Zubair said, "I give up my right to `Ali." Talha said, "I give up my right to `Uthman," Sa`d, 'I give up my right to `Abdur-Rahman bin `Auf." `Abdur-Rahman then said (to `Uthman and `Ali), "Now which of you is willing to give up his right of candidacy to that he may choose the better of the (remaining) two, bearing in mind that Allah and Islam will be his witnesses." So both the sheiks (i.e. `Uthman and `Ali) kept silent. `Abdur-Rahman said, "Will you both leave this matter to me, and I take Allah as my Witness that I will not choose but the better of you?" They said, "Yes." So `Abdur-Rahman took the hand of one of them (i.e. `Ali) and said, "You are related to Allah's Apostle and one of the earliest Muslims as you know well. So I ask you by Allah to promise that if I select you as a ruler you will do justice, and if I select `Uthman as a ruler you will listen to him and obey him." Then he took the other (i.e. `Uthman) aside and said the same to him. When `Abdur-Rahman secured (their agreement to) this covenant, he said, "O `Uthman! Raise your hand." So he (i.e. `Abdur-Rahman) gave him (i.e. `Uthman) the solemn pledge, and then `Ali gave him the pledge of allegiance and then all the (Medina) people gave him the pledge of allegiance.

It was narrated that Juwairiyyah bin Qudamah said: I did Haji and I came to Madinah the year ‘Umar was stabbed. He gave a speech and said: I dreamt that a red rooster pecked me once or twice - Shu`bah was not certain - and only a week later, he was stabbed. And he mentioned a similar report, except that he said: And l advise you be kind to the non-Muslim people under your rule (ahludh-dhimmah), and honour the covenant of your Prophet (ﷺ). Then I asked him after that and he said concerning the Bedouin: I advise you to be kind to the Bedouin, for they are your brothers and the enemy of your enemy,

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."

(the wife of the Prophet) When the health of Allah's Apostle deteriorated and his condition became serious, he asked the permission of all his wives to allow him to be treated In my house, and they allowed him. He came out, supported by two men and his legs were dragging on the ground between `Abbas and another man. (The sub-narrator told Ibn `Abbas who said: Do you know who was the other man whom `Aisha did not mention? The sub-narrator said: No. Ibn `Abbas said: It was `Ali.) `Aisha added: When the Prophet entered my house and his disease became aggravated, he said, "Pour on me seven water skins full of water (the tying ribbons of which had not been untied) so that I may give some advice to the people." So we made him sit in a tub belonging to Hafsa, the wife of the Prophet and started pouring water on him from those water skins till he waved us to stop. Then he went out to the people and led them in prayer and delivered a speech before them.

We have no Book to recite except the Book of Allah (Qur'an) and this paper. Then `Ali took out the paper, and behold ! There was written in it, legal verdicts about the retaliation for wounds, the ages of the camels (to be paid as Zakat or as blood money). In it was also written: 'Medina is a sanctuary from Air (mountain) to Thaur (mountain). So whoever innovates in it an heresy (something new in religion) or commits a crime in it or gives shelter to such an innovator, will incur the curse of Allah, the angels and all the people, and none of his compulsory or optional good deeds will be accepted on the Day of Resurrection. And whoever (a freed slave) takes as his master (i.e. be-friends) some people other than hi real masters without the permission of his real masters, will incur the curse of Allah, the angels and all the people, and none of his compulsory, or optional good deeds will be accepted on the Day of Resurrection. And the asylum granted by any Muslim is to be secured by all the Muslims, even if it is granted by one of the lowest social status among them; and whoever betrays a Muslim, in this respect will incur the curse of Allah, the angels, and all the people, and none of his Compulsory or optional good deeds will be accepted on the Day of Resurrection."

Yahya related to me from Malik that he had heard that the people of knowledge did not disapprove of people fasting using tooth-sticks at any hour of the day in Ramadan, whether at the beginning or the end, nor had he heard any of the people of knowledge disapproving of or forbidding the practice.

Yahya said that he heard Malik say, about fasting for six days after breaking the fast at the end of Ramadan, that he had never seen any of the people of knowledge and fiqh fasting them. He said, "I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it and they are afraid that it might become a bida and that common and ignorant people might join to Ramadan what does not belong to it, if they were to think that the people of knowledge had given permission for that to be done and were seen doing it.

Yahya said that he heard Malik say, "I have never heard any of the people of knowledge and fiqh and those whom people take as an example forbidding fasting on the day of jumua. Fasting on it is good, and I have seen one of the people of knowledge fasting it, and it seemed to me that he was keen to do so."

Once `Umar asked the leave to see Allah's Apostle in whose company there were some Quraishi women who were talking to him and asking him for more financial support raising their voices. When `Umar asked permission to enter the women got up (quickly) hurrying to screen themselves. When Allah's Apostle admitted `Umar, Allah's Apostle was smiling, `Umar asked, "O Allah's Apostle! May Allah keep you in happiness always." Allah's Apostle said, "I am astonished at these women who were with me. As soon as they heard your voice, they hastened to screen themselves." `Umar said, "O Allah's Apostle! You have more right to be feared by them." Then he addressed (those women) saying, "O enemies of your own souls! Do you fear me and not Allah's Apostle ?" They replied. "Yes, for you are a fearful and fierce man as compared with Allah's Apostle." On that Allah's Apostle said (to `Umar), "By Him in Whose Hands my life is, whenever Satan sees you taking a path, he follows a path other than yours."

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."