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.

That he was in the company of Allah's Apostle on some of his journeys. (The sub-narrator `Abdullah adds, "I think that Abu Bashir also said, 'And the people were at their sleeping places.") Allah's Apostle sent a messenger ordering: "There shall not remain any necklace of string or any other kind of necklace round the necks of camels except it is cut off."

The Prophet said, 'People will be struck unconscious on the Day of Resurrection and I will be the first to regain consciousness, and behold! There I will see Moses holding one of the pillars of Allah's Throne. I will wonder whether he has become conscious before me of he has been exempted, because of his unconsciousness at the Tur (mountain) which he received (on the earth).

'Ubaidullah said: "I heard Ibn `Abbas saying, "Following are some traits of the people of the pre- Islamic period of ignorance (i) to defame the ancestry of other families, (ii) and to wail over the dead." 'Ubaidullah forgot the third trait. Sufyan said, "They say it (i.e. the third trait) was to believe that rain was caused by the influence of stars (i.e. if a special star appears it will rain).

In the Pre-lslamic Period when the people assumed Ihram, they would enter their houses from the back. So Allah revealed:-- "And it is not righteousness that you enter houses from the back, but the righteous man is he who fears Allah, obeys His Orders and keeps away from what He has forbidden. So enter houses through their doors." (2.189)

Yahya said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."

Malik added, "That is what is done in our community."

Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."

"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."

"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."

Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate."

He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189).

"When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233).

"When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property."

Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation."

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (saws) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (saws) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.

Malik said, "If people are together in one kitaba, their master cannot free one of them without consulting his companions who are with him in the kitaba and obtaining their consent. If they are young, however, their consultation means nothing and it is not permitted to them. That is because a man might work for all the people and he might pay their kitaba for them to complete their freedom. Their master approaches the one who will pay for them and their rescue from slavery is through him. He frees him and so makes those who remain unable to pay. He does it intending benefit and increase for himself. It is not permitted for him to do that to those of them who remain. The Messenger of Allah, may Allah bless him and grant him peace, said, 'There must be no harm nor return of harm.' This is the most severe harm."

Malik said about slaves who wrote a kitaba together that it was permitted for their master to free the old and exhausted of them and the young when neither of them could pay anything, and there was no help nor strength to be had from any of them in their kitaba.

Yahya related to me from Malik that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "A man asked permission to come in to see the Messenger of Allah, may Allah bless him and grant him peace. I was with him in the house and the Messenger of Allah, may Allah bless him and grant him peace, said, 'He is an evil member of his tribe.' Then the Messenger of Allah, may Allah bless him and grant him peace, gave him permission."

A'isha continued, "It was not long before I heard the Messenger of Allah, may Allah bless him and grant him peace, laughing with him. When the man left, I said, 'Messenger of Allah, you said what you said about him, and then before long you were laughing with him.' The Messenger of Allah, may Allah bless him and grant him peace, replied, 'Among the most evil of people is the one whom people are cautious with because of his evil.' "

`Ali bin Abu Talib came out of the house of the Prophet during his fatal ailment. The people asked (`Ali), "O Abu Hasan! How is the health of Allah's Apostle this morning?" `Ali said, "This morning he is better, with the grace of Allah." Al-`Abbas held `Ali by the hand and said, "Don't you see him (about to die)? By Allah, within three days you will be the slave of the stick (i.e., under the command of another ruler). By Allah, I think that Allah's Apostle will die from his present ailment, for I know the signs of death on the faces of the offspring of `Abdul Muttalib. So let us go to Allah's Apostle to ask him who will take over the Caliphate. If the authority is given to us, we will know it, and if it is given to somebody else we will request him to recommend us to him. " `Ali said, "By Allah! If we ask Allah's Apostle for the rulership and he refuses, then the people will never give it to us. Besides, I will never ask Allah's Apostle for it." (See Hadith No 728, Vol 5)

When the Prophet died and Abu Bakr became his successor and some of the Arabs reverted to disbelief, `Umar said, "O Abu Bakr! How can you fight these people although Allah's Apostle said, 'I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah, 'and whoever said, 'None has the right to be worshipped but Allah', Allah will save his property and his life from me, unless (he does something for which he receives legal punishment) justly, and his account will be with Allah?' "Abu Bakr said, "By Allah! I will fight whoever differentiates between prayers and Zakat as Zakat is the right to be taken from property (according to Allah's Orders). By Allah! If they refused to pay me even a kid they used to pay to Allah's Apostle, I would fight with them for withholding it." `Umar said, "By Allah: It was nothing, but I noticed that Allah opened Abu Bakr's chest towards the decision to fight, therefore I realized that his decision was right."

That he heard `Umar's second speech he delivered when he sat on the pulpit on the day following the death of the Prophet `Umar recited the Tashahhud while Abu Bakr was silent. `Umar said, "I wish that Allah's Apostle had outlived all of us, i.e., had been the last (to die). But if Muhammad is dead, Allah nevertheless has kept the light amongst you from which you can receive the same guidance as Allah guided Muhammad with that. And Abu Bakr is the companion of Allah's Apostle He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him." Some people had already taken the oath of allegiance to him in the shed of Bani Sa`ida but the oath of allegiance taken by the public was taken at the pulpit. I heard `Umar saying to Abu Bakr on that day. "Please ascend the pulpit," and kept on urging him till he ascended the pulpit whereupon, all the people swore allegiance to him.

When Allah's Apostle died and Abu Bakr was elected as a Caliph after him, some of the Arabs reverted to disbelief, `Umar said to Abu Bakr, "How dare you fight the people while Allah's Apostle said, I have been ordered to fight the people till they say 'None has the right to be worshipped but Allah' And whoever says: None has the right to be worshipped but Allah.' waves his wealth and his life from me unless he deserves a legal punishment lusty, and his account will be with Allah! Abu Bakr said, "By Allah, I will fight him who discriminates between Zakat and prayers, for Zakat is the Compulsory right to be taken from the wealth By Allah, if they refuse to give me even a tying rope which they use to give to Allah's Apostle, I would fight them for withholding it." `Umar said, 'By Allah, It was nothing, except I saw that Allah had opened the chest of Abu Bakr to the fight, and I came to know for certain that was the truth."

When the Prophet, became ill in his fatal illness, Someone came to inform him about the prayer, and the Prophet told him to tell Abu Bakr to lead the people in the prayer. I said, "Abu Bakr is a softhearted man and if he stands for the prayer in your place, he would weep and would not be able to recite the Qur'an." The Prophet said, "Tell Abu Bakr to lead the prayer." I said the same as before. He (repeated the same order and) on the third or the fourth time he said, "You are the companions of Joseph. Tell Abu Bakr to lead the prayer." So Abu Bakr led the prayer and meanwhile the Prophet felt better and came out with the help of two men; as if I see him just now dragging his feet on the ground. When Abu Bakr saw him, he tried to retreat but the Prophet beckoned him to carry on. Abu Bakr retreated a bit and the Prophet sat on his (left) side. Abu Bakr was repeating the Takbir (Allahu Akbar) of Allah's Apostle for the people to hear.

"I asked Jabir: 'Is badger kind of game animal?' He said: 'Yes.'" He said: "I said: 'Should I eat it?' He said: 'Yes.'" He said: 'I said: 'Did the Messenger of Allah (saws) say that ?' He said: 'Yes.'"

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

Some of the people of knowledge followed this. They did not see any harm eating badger. This is the view of Ahmad and Ishaq. A Hadith has been related from the Prophet (saws) indicating disapproval of eating badger but its chain is not strong. Some of the people of knowledge disliked eating badger. This is the view of Ibn Al-Mubarak. Yahya bin Al-Qattan said: "Jarir bin Hazm reported this Hadith from 'Abdullah bin 'Ubaid bin 'Umair, from Ibn Abi 'Ammar, from Jabir, from 'Umar, as his saying. And the narration of Ibn Juraij (a narrator in the chain of this Hadith) is more correct. And Ibn Abi 'Ammar is 'Abdur-Rahman bin 'Abdullah bin Abi 'Ammar Al-Makki.

"The Messenger of Allah (saws) prohibited two sales in one."

There are narrations on this topic from 'Abdullah bin 'Amr, Ibn 'Umar, and Ibn Mas'ud.

[Abu Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge. Some of the people of knowledge have explained it by saying that two sales in one is when one says: "I will sell you this garment for ten in cash, and twenty on credit." He does not distinguish between either of the two sales. But when he distinguishes it as being one of them, then there is no harm when one of them is agreed upon.

Ash-Shafi'i said: "Included in the meaning of what the Prophet (saws) prohibited of regarding two sales in one, is if one said: 'I will sell you the house of mine for that (price), upon the condition that you sell me you alve for this (price). When I get the slave, then you get the house.' In this way the sales are distinguished without the prices being known, and neither of them knows what will happen at the conclusion of it (the agreement)."

Sa'id ibn al-Musayyab said: An Ansari was breathing his last. He said: I narrate to you a tradition, and I narrate it with the intention of getting a reward from Allah.

I heard the Messenger of Allah (saws) say: If any one of you performs ablution and performs it very well, and goes out for prayer, he does not take his right step but Allah records a good work (or blessing) for him, and he does not take his left step but Allah remits one sin from him. Any one of you may reside near the mosque or far from it; if he comes to the mosque and prays in congregation, he will be forgiven (by Allah).

If he comes to the mosque while the people had prayed in part, and the prayer remained in part, and he prays in congregation the part he joined, and completed the part he had missed, he will enjoy similarly (i.e. he will be forgiven). If he comes to the mosque when the people had finished prayer, he will enjoy the same.

From his father, from his grandfather Rafi' bin Khadij, who said: "We were with the Messenger of Allah (saws) on a journey, when the hasty people went rushing ahead to the sheep to cook them, while the Messenger of Allah (saws) was in the rear of the people. Then he passed the kettled and ordered that they be weighed, then he distributed it between them and equated a camel to ten sheep."

[Abu 'Eisa said:] Sufyan Ath-Thawri reported it from his father, from 'Abayah, from his grandfather Rafi' bin Khadij, and he did not mention "from his father" in it.

This was narrated to us by Mahmud bin Ghailan (who said:) "Waki' narrated it to us from Sufyan." And this is more correct. 'Abayah bin Rifa'ah heard from his grandfather Rafi' bin Khadij.

He said: There are narrations on this topic from Tha'labah bin Al-Hakam, Anas, Abu Rihanah, Abu Ad-Darda, 'Abdur-Rahman bin Samurah, Zaid bin Khalid, Jabir, Abu Hurairah, and Abu Ayyub.

Allah's Apostle, the true and truly inspired said, "(The matter of the Creation of) a human being is put together in the womb of the mother in forty days, and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things. He is ordered to write down his (i.e. the new creature's) deeds, his livelihood, his (date of) death, and whether he will be blessed or wretched (in religion). Then the soul is breathed into him. So, a man amongst you may do (good deeds till there is only a cubit between him and Paradise and then what has been written for him decides his behavior and he starts doing (evil) deeds characteristic of the people of the (Hell) Fire. And similarly a man amongst you may do (evil) deeds till there is only a cubit between him and the (Hell) Fire, and then what has been written for him decides his behavior, and he starts doing deeds characteristic of the people of Paradise."

When it was the day of (the battle of) Hunain, the Prophet confronted the tribe of Hawazin while there were ten-thousand (men) besides the Tulaqa' (i.e. those who had embraced Islam on the day of the Conquest of Mecca) with the Prophet. When they (i.e. Muslims) fled, the Prophet said, "O the group of Ansari" They replied, "Labbaik, O Allah's Apostle and Sadaik! We are under your command." Then the Prophet got down (from his mule) and said, "I am Allah's Slave and His Apostle." Then the pagans were defeated. The Prophet distributed the war booty amongst the Tulaqa and Muhajirin (i.e. Emigrants) and did not give anything to the Ansar. So the Ansar spoke (i.e. were dissatisfied) and he called them and made them enter a leather tent and said, Won't you be pleased that the people take the sheep and camels, and you take Allah's Apostle along with you?" The Prophet added, "If the people took their way through a valley and the Ansar took their way through a mountain pass, then I would choose a mountain pass of the Ansar."

`Ali bin Abu Talib came out of the house of Allah's Apostle during his fatal illness. The people asked, "O Abu Hasan (i.e. `Ali)! How is the health of Allah's Apostle this morning?" `Ali replied, "He has recovered with the Grace of Allah." `Abbas bin `Abdul Muttalib held him by the hand and said to him, "In three days you, by Allah, will be ruled (by somebody else ), And by Allah, I feel that Allah's Apostle will die from this ailment of his, for I know how the faces of the offspring of `Abdul Muttalib look at the time of their death. So let us go to Allah's Apostle and ask him who will take over the Caliphate. If it is given to us we will know as to it, and if it is given to somebody else, we will inform him so that he may tell the new ruler to take care of us." `Ali said, "By Allah, if we asked Allah's Apostle for it (i.e. the Caliphate) and he denied it us, the people will never give it to us after that. And by Allah, I will not ask Allah's Apostle for it."

A man from the Companions of the Prophet (saws) died on the day of Khaybar. They mentioned the matter to the Messenger of Allah. He said: Offer prayer over your companion. When the faces of the people looked perplexed, he said: Your companion misappropriated booty in the path of Allah. We searched his belongings and found some Jewish beads not worth two dirhams.

AbdurRahman ibn AbuUqbah quoted his father AbuUqbah who was a client from the people of Persia as saying: I was present at Uhud along with the Messenger of Allah (saws), and on smiting one of the polytheists I said: Take this from me who is the young Persian. The Messenger of Allah (saws) then turned to me and said: Why did you not say: Take this from me who is the young Ansari?