Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the compensation for a foetus killed in its mother's womb was a slave or slave-girl of fair complexion and excellence. The one against whom the judgement was given said, "Why should I pay damages for that which did not drink or eat or speak or make any cry. The like of that is nothing." The Messenger of Allah, may Allah bless him and grant him peace, said, "This is only one of the brothers of the diviners." He disapproved of the rhyming speech of the man's declaration.

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

The aforesaid tradition has also been transmitted by Ibn Ishaq through a different chain of narrators. This version has the traditional word “a menstrual course” in the phrase “till she is free from a menstrual course”. This is a misunderstanding on the part of the narrator Abu Mu’awiyah. This is correct in the tradition of Abu Sa’id Al Khudri. This version has the additional words “he who believes in Allaah and the Last Day should not ride on a mount belonging to the spoil of Muslims and when he makes it emaciated returns it; he who believes in Allaah and the Last Day should not put on cloth belonging to the spoils of Muslims and when makes it old (shabby) returns it.

Abu Dawud said “The word “menstrual course” is not guarded. This is a misunderstanding on the part of Abu Mu’awiyah”

The Prophet said, "By Him in Whose Hands my soul is, I will drive some people out from my (sacred) Fount on the Day of Resurrection as strange camels are expelled from a private trough."

I heard Allah's Apostle saying, "I am the nearest of all the people to the son of Mary, and all the prophets are paternal brothers, and there has been no prophet between me and him (i.e. Jesus).

The Prophet (saws) Said: The disputants should refrain from taking retaliation. The one who is nearer should forgive first and then the one who is next to him, even if (the one who forgives) were a woman.

Abu Dawud said: I have been informed that forgiving by women in the case of murder is permissible if a woman were one of the heirs (of the slain). I have been told on the authority of Abu 'Ubaid about the meaning of the word yanhajizu, that is, they should refrain from retaliation.

The Prophet said, "He who takes back his present is like him who swallows his vomit."

There was a man called Abu Shu'aib, and he had a slave who was a butcher. He said (to his slave), "Prepare a meal to which I may invite Allah's Apostle along with four other men." So he invited Allah's Apostle and four other men, but another man followed them whereupon the Prophet said, "You have invited me as one of five guests, but now another man has followed us. If you wish you can admit him, and if you wish you can refuse him." On that the host said, "But I admit him." Narrated Muhammad bin Isma`il: If guests are sitting at a dining table, they do not have the right to carry food from other tables to theirs, but they can pass on food from their own table to each other; otherwise they should leave it.

A son of one of the daughters of the Prophet was dying, so she sent a person to call the Prophet. He sent (her a message), "What ever Allah takes is for Him, and whatever He gives is for Him, and everything has a limited fixed term (in this world) so she should be patient and hope for Allah's reward." She then sent for him again, swearing that he should come. Allah's Apostle got up, and so did Mu`adh bin Jabal, Ubai bin Ka`b and 'Ubada bin As-Samit. When he entered (the house), they gave the child to Allah's Apostle while its breath was disturbed in his chest. (The sub-narrator said: I think he said, "...as if it was a water skin.") Allah's Apostle started weeping whereupon Sa`d bin 'Ubada said, "Do you weep?" The Prophet said, "Allah is merciful only to those of His slaves who are merciful (to others).

The Prophet with his companions started from Medina after combing and oiling his hair and putting on two sheets of lhram (upper body cover and waist cover). He did not forbid anyone to wear any kind of sheets except the ones colored with saffron because they may leave the scent on the skin. And so in the early morning, the Prophet mounted his Mount while in Dhul-Hulaifa and set out till they reached Baida', where he and his companions recited Talbiya, and then they did the ceremony of Taqlid (which means to put the colored garlands around the necks of the Budn (camels for sacrifice). And all that happened on the 25th of Dhul-Qa'da. And when he reached Mecca on the 4th of Dhul-Hijja he performed the Tawaf round the Ka`ba and performed the Tawaf between Safa and Marwa. And as he had a Badana and had garlanded it, he did not finish his Ihram. He proceeded towards the highest places of Mecca near Al-Hujun and he was assuming the Ihram for Hajj and did not go near the Ka`ba after he performed Tawaf (round it) till he returned from `Arafat. Then he ordered his companions to perform the Tawaf round the Ka`ba and then the Tawaf of Safa and Marwa, and to cut short the hair of their heads and to finish their Ihram. And that was only for those people who had not garlanded Budn. Those who had their wives with them were permitted to contact them (have sexual intercourse), and similarly perfume and (ordinary) clothes were permissible for them.

It was said to the Prophet "Would that you see `Abdullah bin Ubai." So, the Prophet went to him, riding a donkey, and the Muslims accompanied him, walking on salty barren land. When the Prophet reached `Abdullah bin Ubai, the latter said, "Keep away from me! By Allah, the bad smell of your donkey has harmed me." On that an Ansari man said (to `Abdullah), "By Allah! The smell of the donkey of Allah's Apostle is better than your smell." On that a man from `Abdullah's tribe got angry for `Abdullah's sake, and the two men abused each other which caused the friends of the two men to get angry, and the two groups started fighting with sticks, shoes and hands. We were informed that the following Divine Verse was revealed (in this concern):-- "And if two groups of Believers fall to fighting then, make peace between them." (49.9)

[Muslim]. The narration in At-Tirmidhi adds: And the one who records it, and the two persons who stand witness to it.

The Prophet said, "An honest Muslim storekeeper who carries out the orders of his master and pays fully what he has been ordered to give with a good heart and pays to that person to whom he was ordered to pay, is regarded as one of the two charitable persons."

On the Day of the Conquest of Mecca, Allah's Apostle said, "Allah has made this town a sanctuary. Its thorny bushes should not be cut, its game should not be chased, and its fallen things should not be picked up except by one who would announce it publicly."

Somebody said to Ibn `Abbas, "Can you speak to the chief of the believers Mu`awiyah, as he does not pray except one rak`a as witr?" Ibn `Abbas replied, "He is a Faqih (i.e. a learned man who can give religious verdicts) ."

Abu Hurairah said “When Allah, the Exalted, granted the conquest of Makkah to his Apostle, the Prophet(saws) stood among them(the people) and praised Allaah and extolled Him. He then said, Verily Allaah stopped the Elephant from Makkah, and gave His Apostle and the believers sway upon it and it has been made lawful for me only for one hour on one day then it will remain sacred till the Day of Resurrection. Its trees are not to be cut, its game is not to be molested and the things dropped there are to be picked up only by one who publicly announces it. ‘Abbas or Al ‘Abbas suggested “Apostle of Allaah(saws) except the rush(idhkir) for it is useful for our graves and our houses. The Apostle of Allaah(saws) said “Except the rush.”

Abu Dawud said “Ibn Al Musaffa added on the authority of Al Walid Abu Shah a man from the people of the Yemen stood and said “Give me in writing, Apostle of Allaah(saws)”. The Apostle of Allaah(saws) said “Give in writing to Abu Shah. I said to Al Awza’i “What does the statement mean? Give Abu Shah in writing?” He said “This was an address which he heard from the Apostle of Allaah(saws).”

Abu Dawud said: I heard Ahmad b. Hanbal say: He was asked : How retaliation of a tooth is taken ? He said: It is broken with a file.

Ibn 'Umar reported that the Messenger of Allah (may peace be upon him) ordered that the Sadaqat-ul-Fitr should be paid before the people go out for prayer.

Abdullah b 'Umar reported that the Messenger of Allah (may peace be upon him) ordered the payment of Sadaqat-ul-Fitr before people go out for prayer.

Ibn 'Umar reported that Allah's Messenger (may peace be upon him) forbade the eating of the (flesh) of domestic asses on the Day of Khaibar in spite of the fact that people needed that.

During the ailment of the Prophet some people came to visits him. He led them in prayer while sitting. but they prayed standing, so he waved to them to sit down. When he had finished the prayer, he said, "An Imam is to be followed, so when he bows, you should bow. and when he raises his head, you should raise yours, and if he prays sitting. you should pray sitting." Abu `Abdullah said Al-Humaidi said, (The order of ) "This narration has been abrogated by the last action of the Prophet as he led the prayer sitting, while the people prayed standing behind him.'

The Prophet said, "Allah said: The Fast is for Me and I will give the reward for it, as he (the one who observes the fast) leaves his sexual desire, food and drink for My Sake. Fasting is a screen (from Hell) and there are two pleasures for a fasting person, one at the time of breaking his fast, and the other at the time when he will meet his Lord. And the smell of the mouth of a fasting person is better in Allah's Sight than the smell of musk." (See Hadith No. 128, Vol. 3).

The Prophet said, "Solomon (the son of) David said, 'Tonight I will sleep with seventy ladies each of whom will conceive a child who will be a knight fighting for "Allah's Cause.' His companion said, 'If Allah will.' But Solomon did not say so; therefore none of those women got pregnant except one who gave birth to a half child." The Prophet further said, "If the Prophet Solomon had said it (i.e. 'If Allah will') he would have begotten children who would have fought in Allah's Cause." Shuaib and Ibn Abi Az-Zinad said, "Ninety (women) is more correct (than seventy).

Allah's Prophet Solomon who had sixty wives, once said, "Tonight I will have sexual relation (sleep) with all my wives so that each of them will become pregnant and bring forth (a boy who will grow into) a cavalier and will fight in Allah's Cause." So he slept with his wives and none of them (conceived and) delivered (a child) except one who brought a half (body) boy (deformed). Allah's Prophet said, "If Solomon had said; 'If Allah Will,' then each of those women would have delivered a (would-be) cavalier to fight in Allah's Cause." (See Hadith No. 74 A, Vol. 4).

An-Nu`man or the son of An-Nu`man was brought to the Prophet in a state of intoxication. The Prophet felt it hard (was angry) and ordered all those who were present in the house, to beat him. And they beat him, using palm-leaf stalks and shoes, and I was among those who beat him.