That they were with the Prophet on a journey. They travelled the whole night, and when dawn approached, they took a rest and sleep overwhelmed them till the sun rose high in the sky. The first to get up was Abu Bakr. Allah's Apostles used not to be awakened from his sleep, but he would wake up by himself. `Umar woke up and then Abu Bakr sat by the side of the Prophet's head and started saying: Allahu-Akbar raising his voice till the Prophet woke up, (and after traveling for a while) he dismounted and led us in the morning prayer. A man amongst the people failed to join us in the prayer. When the Prophet had finished the prayer, he asked (the man), "O so-and-so! What prevented you from offering the prayer with us?" He replied, "I am Junub," Alllah's Apostle ordered him to perform Tayammam with clean earth. The man then offered the prayer. Allah's Apostle ordered me and a few others to go ahead of him. We had become very thirsty. While we were on our way (looking for water), we came across a lady (riding an animal), hanging her legs between two water-skins. We asked her, "Where can we get water?" She replied, "Oh ! There is no water." We asked, "how far is your house from the water?" She replied, "A distance of a day and a night travel." We said, "Come on to Allah's Apostle, "She asked, "What is Allah's Apostle ?" So we brought her to Allah's Apostle against her will, and she told him what she had told us before and added that she was the mother of orphans. So the Prophet ordered that her two water-skins be brought and he rubbed the mouths of the water-skins. As we were thirsty, we drank till we quenched our thirst and we were forty men. We also filled all our waterskins and other utensils with water, but we did not water the camels. The waterskin was so full that it was almost about to burst. The Prophet then said, "Bring what (foodstuff) you have." So some dates and pieces of bread were collected for the lady, and when she went to her people, she said, "I have met either the greatest magician or a prophet as the people claim." So Allah guided the people of that village through that lady. She embraced Islam and they all embraced Islam.

We migrated in the company of Allah's Apostle, seeking Allah's Pleasure. So our reward became due and sure with Allah. Some of us have been dead without enjoying anything of their rewards (here), and one of them was Mus'ab bin 'Umar who was martyred on the day of the battle of Uhud, and did not leave anything except a Namira (i.e. a sheet in which he was shrouded). If we covered his head with it, his feet became naked, and if we covered his feet with it, his head became naked. So the Prophet said to us, "Cover his head with it and put some Idhkhir (i.e. a kind of grass) over his feet or throw Idhkhir over his feet." But some amongst us have got the fruits of their labor ripened, and they are collecting them.

We migrated with the Prophet for Allah's Cause, so our reward became due with Allah. Some of us passed away (i.e. died) without enjoying anything from their reward, and one of them was Mus`ab bin `Umar who was killed (i.e. martyred) on the day of Uhud. He did not leave behind except a sheet of striped woolen cloth. If we covered his head with it, his feet became naked, and if we covered his feet with it, his head became naked. The Prophet said to us, "Cover his head with it and put Idhkhir (i.e. a kind of grass) over his feet," or said, "Put some Idhkhir over his feet." But some of us have got their fruits ripened, and they are collecting them.

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of ...

The Messenger of Allah (saws) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (saws). He found the Prophet of Allah (saws) had returned and he did not conquer (Ta'if).

On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Messenger of Allah (saws). He did not leave them until they had surrendered to the command of the Messenger of Allah (saws).

Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Messenger of Allah, and I am on my way to them. They have horses with them.

The Messenger of Allah (saws) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas.

The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims.

He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt.

So he returned his aunt to him and asked the Prophet of Allah (saws): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there.

He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused.

So they came to the Prophet (saws) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused.

He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water.

He said: Yes, Prophet of Allah. I saw that the face of the Messenger of Allah (saws) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.

`Abdullah bin `Umar said, "Once Allah's Apostle was busy (at the time of the `Isha'), so the prayer was delayed so much so that we slept and woke up and slept and woke up again. The Prophet came out and said, 'None amongst the dwellers of the earth but you have been waiting for the prayer." Ibn `Umar did not find any harm in praying it earlier or in delaying it unless he was afraid that sleep might overwhelm him and he might miss the prayer, and sometimes he used to sleep before the `Isha' prayer. Ibn Juraij said, "I said to `Ata', 'I heard Ibn `Abbas saying: Once Allah's Apostle delayed the `Isha' prayer to such an extent that the people slept and got up and slept again and got up again. Then `Umar bin Al-Khattab I, stood up and reminded the Prophet I of the prayer.' `Ata' said, 'Ibn `Abbas said: The Prophet came out as if I was looking at him at this time, and water was trickling from his head and he was putting his hand on his head and then said, 'Hadn't I thought it hard for my followers, I would have ordered them to pray (`Isha' prayer) at this time.' I asked `Ata' for further information, how the Prophet had kept his hand on his head as he was told by Ibn `Abbas. `Ata' separated his fingers slightly and put their tips on the side of the head, brought the fingers downwards approximating them till the thumb touched the lobe of the ear at the side of the temple and the beard on the face. He neither slowed nor hurried in this action but he acted like that. The Prophet said: "Hadn't I thought it hard for my followers I would have ordered them to pray at this time."

Allah's Apostle sent `Abdullah bin 'Atik and `Abdullah bin `Utba with a group of men to Abu Rafi` (to kill him). They proceeded till they approached his castle, whereupon `Abdullah bin Atik said to them, "Wait (here), and in the meantime I will go and see." `Abdullah said later on, "I played a trick in order to enter the castle. By chance, they lost a donkey of theirs and came out carrying a flaming light to search for it. I was afraid that they would recognize me, so I covered my head and legs and pretended to answer the call to nature. The gatekeeper called, 'Whoever wants to come in, should come in before I close the gate.' So I went in and hid myself in a stall of a donkey near the gate of the castle. They took their supper with Abu Rafi` and had a chat till late at night. Then they went back to their homes. When the voices vanished and I no longer detected any movement, I came out. I had seen where the gate-keeper had kept the key of the castle in a hole in the wall. I took it and unlocked the gate of the castle, saying to myself, 'If these people should notice me, I will run away easily.' Then I locked all the doors of their houses from outside while they were inside, and ascended to Abu Rafi` by a staircase. I saw the house in complete darkness with its light off, and I could not know where the man was. So I called, 'O Abu Rafi`!' He replied, 'Who is it?' I proceeded towards the voice and hit him. He cried loudly but my blow was futile. Then I came to him, pretending to help him, saying with a different tone of my voice, ' What is wrong with you, O Abu Rafi`?' He said, 'Are you not surprised? Woe on your mother! A man has come to me and hit me with a sword!' So again I aimed at him and hit him, but the blow proved futile again, and on that Abu Rafi` cried loudly and his wife got up. I came again and changed my voice as if I were a helper, and found Abu Rafi` lying straight on his back, so I drove the sword into his belly and bent on it till I heard the sound of a bone break. Then I came out, filled with astonishment and went to the staircase to descend, but I fell down from it and got my leg dislocated. I bandaged it and went to my companions limping. I said (to them), 'Go and tell Allah's Apostle of this good news, but I will not leave (this place) till I hear the news of his (i.e. Abu Rafi`'s) death.' When dawn broke, an announcer of death got over the wall and announced, 'I convey to you the news ...

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased ...

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which ...

Two persons, a Muslim and a Jew, quarreled. The Muslim said, "By Him Who gave Muhammad superiority over all the people! The Jew said, "By Him Who gave Moses superiority over all the people!" At that the Muslim raised his hand and slapped the Jew on the face. The Jew went to the Prophet and informed him of what had happened between him and the Muslim. The Prophet sent for the Muslim and asked him about it. The Muslim informed him of the event. The Prophet said, "Do not give me superiority over Moses, for on the Day of Resurrection all the people will fall unconscious and I will be one of them, but I will. be the first to gain consciousness, and will see Moses standing and holding the side of the Throne (of Allah). I will not know whether (Moses) has also fallen unconscious and got up before me, or Allah has exempted him from that stroke."

From his father that the Messenger of Allah (saws) said: 'Whoever purchases a date-palm after it has been pollinated then its fruits are for the one who sold it, unless the buyer made it a condition. And whoever purchases slave who has property, then his property is for the one who sold him, unless the buyer made it a condition."

[He said:] There is something on this topic from Jabir. The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. Similarly, it has been reported by more than one route from Az-Zuhri, from Salim, from Ibn 'Umar, that the Prophet (saws) "Whoever purchases a date-palm after it has been pollinated, then its fruits are for seller, unless the buyer made it a condition. And whoever purchases a slave who has property, then his property is for the seller, unless the buyer made it a condition." And it has been reported from Nafi', from Ibn 'Umar, that the Prophet (saws) said: "Whoever purchases a date-palm that has been pollinated, then its fruits are for the seller, unless the buyer made it a condition."

It has been reported from Nafi', from Ibn 'Umar, from 'Umar, that he (saws) said: "Whoever sold a slave who has property, his property is for the seller, unless the buyer made it a condition." This is how the two Ahadith were reported by 'Ubaidullah bin 'Umar and others from Nafi'.

Some of them have also reported this Hadith from Nafi', from Ibn 'Umar, from the Prophet (saws).

'Ikrimah bin Khalid reported similar to the Hadith of Salim, from Ibn 'Umar, from the Prophet (saws).

This Hadith is acted upon according to some of the people of knowledge. It is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Muhammad bin Isma'il said: "The Hadith of Az-Zuhri from Salim, from his father, from the Prophet (saws) is the most correct [of what has been reported on this topic]."