Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta- ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"

Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "

Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "

Allah's Apostle narrated to us two narrations, one of which I have seen (happening) and I am waiting for the other. He narrated that honesty was preserved in the roots of the hearts of men (in the beginning) and then they learnt it (honesty) from the Qur'an, and then they learnt it from the (Prophet's) Sunna (tradition). He also told us about its disappearance, saying, "A man will go to sleep whereupon honesty will be taken away from his heart, and only its trace will remain, resembling the traces of fire. He then will sleep whereupon the remainder of the honesty will also be taken away (from his heart) and its trace will resemble a blister which is raised over the surface of skin, when an ember touches one's foot; and in fact, this blister does not contain anything. So there will come a day when people will deal in business with each other but there will hardly be any trustworthy persons among them. Then it will be said that in such-and-such a tribe there is such-and-such person who is honest, and a man will be admired for his intelligence, good manners and strength, though indeed he will not have belief equal to a mustard seed in his heart." The narrator added: There came upon me a time when I did not mind dealing with anyone of you, for if he was a Muslim, his religion would prevent him from cheating; and if he was a Christian, his Muslim ruler would prevent him from cheating; but today I cannot deal except with so-and-so and so-and-so. (See Hadith No. 208, Vol. 9)

Allah's Apostle employed an employee (to collect Zakat). The employee returned after completing his job and said, "O Allah's Apostle! This (amount of Zakat) is for you, and this (other amount) was given to me as a present." The Prophet said to him, "Why didn't you stay at your father's or mother's house and see if you would be given presents or not?" Then Allah's Apostle got up in the evening after the prayer, and having testified that none has the right to be worshipped but Allah and praised and glorified Allah as He deserved, he said, "Now then ! What about an employee whom we employ and then he comes and says, 'This amount (of Zakat) is for you, and this (amount) was given to me as a present'? Why didn't he stay at the house of his father and mother to see if he would be given presents or not? By Him in Whose Hand Muhammad's soul is, none of you will steal anything of it (i.e. Zakat) but will bring it by carrying it over his neck on the Day of Resurrection. If it has been a camel, he will bring it (over his neck) while it will be grunting, and if it has been a cow, he will bring it (over his neck), while it will be mooing; and if it has been a sheep, he will bring it (over his neck) while it will be bleeding." The Prophet added, "I have preached you (Allah's Message)." Abu Humaid said, "Then Allah's Apostle raised his hands so high that we saw the whiteness of his armpits."

Allah's Apostle sent Abu Musa and Mu`adh bin Jabal to Yemen. He sent each of them to administer a province as Yemen consisted of two provinces. The Prophet said (to them), "Facilitate things for the people and do not make things difficult for them (Be kind and lenient (both of you) with the people, and do not be hard on them) and give the people good tidings and do not repulse them. So each of them went to carry on his job. So when any one of them toured his province and happened to come near (the border of the province of) his companion, he would visit him and greet him. Once Mu`adh toured that part of his state which was near (the border of the province of) his companion Abu Musa. Mu`adh came riding his mule till he reached Abu Musa and saw him sitting, and the people had gathered around him. Behold! There was a man tied with his hands behind his neck. Mu`adh said to Abu Musa, "O `Abdullah bin Qais! What is this?" Abu Musa replied. "This man has reverted to Heathenism after embracing Islam." Mu`adh said, "I will not dismount till he is killed." Abu Musa replied, "He has been brought for this purpose, so come down." Mu`adh said, "I will not dismount till he is killed." So Abu Musa ordered that he be killed, and he was killed. Then Mu`adh dismounted and said, "O `Abdullah (bin Qais)! How do you recite the Qur'an ?" Abu Musa said, "I recite the Qur'an regularly at intervals and piecemeal. How do you recite it O Mu`adh?" Mu`adh said, "I sleep in the first part of the night and then get up after having slept for the time devoted for my sleep and then recite as much as Allah has written for me. So I seek Allah's Reward for both my sleep as well as my prayer (at night).

Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, "There is no harm in it."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to be paid within a period." He said, "There is no good however in bartering a camel for a camel like it with some dirhams on top of it, with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either."

Malik said, "There is no harm in buying a riding camel with two or more pack-camels, if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms, if they are different and their difference is clear. If they resemble each other whether their species are different or not, two are not to be taken for one with delayed terms."

Malik said, "The explanation of what is disapproved of in that, is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you, then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash."

Malik said, "It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do."

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

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]."

That the Prophet (saws) said: "Gold for gold, kind for kind; silver for silver, kind for kind; dried-dates for dried-dates, kind for kind; wheat for wheat, kind for kind; salt for salt, kind for kind; and barley for barley, kind for kind. Whoever increases or seeks an increase, then he dealt with Riba. Sell gold for silver as you wish, hand to hand; and sell wheat for dried-dates as you wish, hand to hand; and sell barley for dried-dates as you wish, hand to hand."

[He said:] There are narrations on this topic from Abu Sa'eed, Abu Hurairah, Bilal, And Anas.

[Abu 'Eisa said:] The Hadith of 'Ubadah bin As-Samit is Hasan Sahih. Some of them reported this Hadith from Khalid, with this chain, and he said: "Sell wheat for barley as you wish, hand to hand."

Some of them reported this Hadith from Khalid, from Abu Qilabah, from Ash'ath, from 'Ubadah from the Prophet (saws). In that Hadith, they added that Khalid said: "Abu Qilabah said: "Sell wheat for barley as you wish, hand to hand."

This Hadith is acted upon according to the people of knowledge, they do not think that one may sell wheat for wheat except when it is the same kind for the same kind, and (the same for) barely in exchange for barley, kind for kind. When the items are themselves different, then there is no harm in one being more than the other if it is hand to hand. This is saying of most of the people of knowledge among the Companions of the Prophet (saws) and others. It is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq. Ash-Shafi'i said: "And the proof for that is the saying of the Prophet (saws): 'Sell barley for wheat as you wish, hand to hand.'"

[Abu 'Eisa said:] Some of the people of knowledge considered it disliked that wheat be sold for barely unless it was kind for kind. This is the view of Malik bin Anas, but the first view is more correct.

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and ...

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...

The Messenger of Allah (saws) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (saws).

I rode hurriedly to the Holy Prophet (saws) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle.

When Banu al-Anbar arrived, the Holy Prophet (saws) said to me: Have you any evidence that you had embraced Islam before you were captured today?

I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Holy Prophet (saws) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle.

The Holy Prophet (saws) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope.

Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Holy Prophet (saws) and informed him.

He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Holy Prophet (saws) looked at us standing there. He asked: What do you intend (doing) with your captive?

I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her.

He said: Prophet of Allah (saws), I no longer have it.

He said: The Holy Prophet (saws) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.

The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

The Prophet said, "While three men were walking, It started raining and they took shelter (refuge) in a cave in a mountain. A big rock rolled down from the mountain and closed the mouth of the cave. They said to each other, "Think of good deeds which you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that He may remove this rock from you." One of them said, 'O Allah! I had old parents and small children and I used to graze the sheep for them. On my return to them in the evening, I used to milk (the sheep) and start providing my parents first of all before my children. One day I was delayed and came late at night and found my parents sleeping. I milked (the sheep) as usual and stood by their heads. I hated to wake them up and disliked to give milk to my children before them, although my children were weeping (because of hunger) at my feet till the day dawned. O Allah! If I did this for Your sake only, kindly remove the rock so that we could see the sky through it.' So, Allah removed the rock a little and they saw the sky. The second man said, 'O Allah! I was in love with a cousin of mine like the deepest love a man may have for a woman. I wanted to outrage her chastity but she refused unless I gave her one hundred Dinars. So, I struggled to collect that amount. And when I sat between her legs, she said, 'O Allah's slave! Be afraid of Allah and do not deflower me except rightfully (by marriage).' So, I got up. O Allah! If I did it for Your sake only, please remove the rock.' The rock shifted a little more. Then the third man said, 'O Allah! I employed a laborer for a Faraq of rice and when he finished his job and demanded his right, I presented it to him, but he refused to take it. So, I sowed the rice many time till I gathered cows and their shepherd (from the yield). (Then after some time) He came and said to me, 'Fear Allah (and give me my right)." I said, 'Go and take those cows and the shepherd.' He said, 'Be afraid of Allah! Don't mock at me.' I said, 'I am not mocking at you. Take (all that).' So, he took all that. O Allah! If I did that for Your sake only, please remove the rest of the rock.' So, Allah removed the rock."

Allah's Apostle said, "Once three persons (from the previous nations) were traveling, and suddenly it started raining and they took shelter in a cave. The entrance of the cave got closed while they were inside. They said to each other, 'O you! Nothing can save you except the truth, so each of you should ask Allah's Help by referring to such a deed as he thinks he did sincerely (i.e. just for gaining Allah's Pleasure).' So one of them said, 'O Allah! You know that I had a laborer who worked for me for one Faraq (i.e. three Sas) of rice, but he departed, leaving it (i.e. his wages). I sowed that Faraq of rice and with its yield I bought cows (for him). Later on when he came to me asking for his wages, I said (to him), 'Go to those cows and drive them away.' He said to me, 'But you have to pay me only a Faraq of rice,' I said to him, 'Go to those cows and take them, for they are the product of that Faraq (of rice).' So he drove them. O Allah! If you consider that I did that for fear of You, then please remove the rock.' The rock shifted a bit from the mouth of the cave. The second one said, 'O Allah, You know that I had old parents whom I used to provide with the milk of my sheep every night. One night I was delayed and when I came, they had slept, while my wife and children were crying with hunger. I used not to let them (i.e. my family) drink unless my parents had drunk first. So I disliked to wake them up and also disliked that they should sleep without drinking it, I kept on waiting (for them to wake) till it dawned. O Allah! If You consider that I did that for fear of you, then please remove the rock.' So the rock shifted and they could see the sky through it. The (third) one said, 'O Allah! You know that I had a cousin (i.e. my paternal uncle's daughter) who was most beloved to me and I sought to seduce her, but she refused, unless I paid her one-hundred Dinars (i.e. gold pieces). So I collected the amount and brought it to her, and she allowed me to sleep with her. But when I sat between her legs, she said, 'Be afraid of Allah, and do not deflower me but legally. 'I got up and left the hundred Dinars (for her). O Allah! If You consider that I did that for fear of you than please remove the rock. So Allah saved them and they came out (of the cave)."

Allah's Apostle said, "While three persons were traveling, they were overtaken by rain and they took shelter in a cave in a mountain. A big rock fell from the mountain over the mouth of the cave and blocked it. They said to each other. 'Think of such good (righteous) deeds which, you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that Allah may relieve you from your difficulty. one of them said, 'O Allah! I had my parents who were very old and I had small children for whose sake I used to work as a shepherd. When I returned to them at night and milked (the sheep), I used to start giving the milk to my parents first before giving to my children. And one day I went far away in search of a grazing place (for my sheep), and didn't return home till late at night and found that my parents had slept. I milked (my livestock) as usual and brought the milk vessel and stood at their heads, and I disliked to wake them up from their sleep, and I also disliked to give the milk to my children before my parents though my children were crying (from hunger) at my feet. So this state of mine and theirs continued till the day dawned. (O Allah!) If you considered that I had done that only for seeking Your pleasure, then please let there be an opening through which we can see the sky.' So Allah made for them an opening through which they could see the sky. Then the second person said, 'O Allah! I had a she-cousin whom I loved as much as a passionate man love a woman. I tried to seduce her but she refused till I paid her one-hundred Dinars So I worked hard till I collected one hundred Dinars and went to her with that But when I sat in between her legs (to have sexual intercourse with her), she said, 'O Allah's slave! Be afraid of Allah ! Do not deflower me except legally (by marriage contract). So I left her O Allah! If you considered that I had done that only for seeking Your pleasure then please let the rock move a little to have a (wider) opening.' So Allah shifted that rock to make the opening wider for them. And the last (third) person said 'O Allah ! I employed a laborer for wages equal to a Faraq (a certain measure: of rice, and when he had finished his job he demanded his wages, but when I presented his due to him, he gave it up and refused to take it. Then I kept on sowing that rice for him (several times) till managed to buy with the price of the yield, some cows and their shepherd Later ...

Once I went out at night and found Allah's Apostle walking all alone accompanied by nobody, and I thought that perhaps he disliked that someone should accompany him. So I walked in the shade, away from the moonlight, but the Prophet looked behind and saw me and said, "Who is that?" I replied, "Abu Dhar, let Allah get me sacrificed for you!" He said, "O Abu Dhar, come here!" So I accompanied him for a while and then he said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except him whom Allah gives wealth which he gives (in charity) to his right, left, front and back, and does good deeds with it. I walked with him a little longer. Then he said to me, "Sit down here." So he made me sit in an open space surrounded by rocks, and said to me, "Sit here till I come back to you." He went towards Al-Harra till I could not see him, and he stayed away for a long period, and then I heard him saying, while he was coming, "Even if he had committed theft, and even if he had committed illegal sexual intercourse?" When he came, I could not remain patient and asked him, "O Allah's Prophet! Let Allah get me sacrificed for you! Whom were you speaking to by the side of Al-Harra? I did not hear anybody responding to your talk." He said, "It was Gabriel who appeared to me beside Al-Harra and said, 'Give the good news to your followers that whoever dies without having worshipped anything besides Allah, will enter Paradise.' I said, 'O Gabriel! Even if he had committed theft or committed illegal sexual intercourse?' He said, 'Yes.' I said, 'Even if he has committed theft or committed illegal sexual intercourse?' He said, 'Yes.' I said, 'Even if he has committed theft or committed illegal sexual intercourse?' He said, 'Yes.' "

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces ...

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and ...

Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem.

He said: The third stage is that the Messenger of Allah (saws) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months.

Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition.

The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come."

The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) ...

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, ...

Fatima the daughter of the Prophet sent someone to Abu Bakr (when he was a caliph), asking for her inheritance of what Allah's Apostle had left of the property bestowed on him by Allah from the Fai (i.e. booty gained without fighting) in Medina, and Fadak, and what remained of the Khumus of the Khaibar booty. On that, Abu Bakr said, "Allah's Apostle said, "Our property is not inherited. Whatever we leave, is Sadaqa, but the family of (the Prophet) Muhammad can eat of this property.' By Allah, I will not make any change in the state of the Sadaqa of Allah's Apostle and will leave it as it was during the lifetime of Allah's Apostle, and will dispose of it as Allah's Apostle used to do." So Abu Bakr refused to give anything of that to Fatima. So she became angry with Abu Bakr and kept away from him, and did not task to him till she died. She remained alive for six months after the death of the Prophet. When she died, her husband `Ali, buried her at night without informing Abu Bakr and he said the funeral prayer by himself. When Fatima was alive, the people used to respect `Ali much, but after her death, `Ali noticed a change in the people's attitude towards him. So `Ali sought reconciliation with Abu Bakr and gave him an oath of allegiance. `Ali had not given the oath of allegiance during those months (i.e. the period between the Prophet's death and Fatima's death). `Ali sent someone to Abu Bakr saying, "Come to us, but let nobody come with you," as he disliked that `Umar should come, `Umar said (to Abu Bakr), "No, by Allah, you shall not enter upon them alone " Abu Bakr said, "What do you think they will do to me? By Allah, I will go to them' So Abu Bakr entered upon them, and then `Ali uttered Tashah-hud and said (to Abu Bakr), "We know well your superiority and what Allah has given you, and we are not jealous of the good what Allah has bestowed upon you, but you did not consult us in the question of the rule and we thought that we have got a right in it because of our near relationship to Allah's Apostle ." Thereupon Abu Bakr's eyes flowed with tears. And when Abu Bakr spoke, he said, "By Him in Whose Hand my soul is to keep good relations with the relatives of Allah's Apostle is dearer to me than to keep good relations with my own relatives. But as for the trouble which arose between me and you about his property, I will do my best to spend it according to what is good, and will not leave any rule or regulation ...

We said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you have any difficulty in seeing the sun and the moon when the sky is clear?" We said, "No." He said, "So you will have no difficulty in seeing your Lord on that Day as you have no difficulty in seeing the sun and the moon (in a clear sky)." The Prophet then said, "Somebody will then announce, 'Let every nation follow what they used to worship.' So the companions of the cross will go with their cross, and the idolators (will go) with their idols, and the companions of every god (false deities) (will go) with their god, till there remain those who used to worship Allah, both the obedient ones and the mischievous ones, and some of the people of the Scripture. Then Hell will be presented to them as if it were a mirage. Then it will be said to the Jews, "What did you use to worship?' They will reply, 'We used to worship Ezra, the son of Allah.' It will be said to them, 'You are liars, for Allah has neither a wife nor a son. What do you want (now)?' They will reply, 'We want You to provide us with water.' Then it will be said to them 'Drink,' and they will fall down in Hell (instead). Then it will be said to the Christians, 'What did you use to worship?'

They will reply, 'We used to worship Messiah, the son of Allah.' It will be said, 'You are liars, for Allah has neither a wife nor a son. What: do you want (now)?' They will say, 'We want You to provide us with water.' It will be said to them, 'Drink,' and they will fall down in Hell (instead). When there remain only those who used to worship Allah (Alone), both the obedient ones and the mischievous ones, it will be said to them, 'What keeps you here when all the people have gone?' They will say, 'We parted with them (in the world) when we were in greater need of them than we are today, we heard the call of one proclaiming, 'Let every nation follow what they used to worship,' and now we are waiting for our Lord.' Then the Almighty will come to them in a shape other than the one which they saw the first time, and He will say, 'I am your Lord,' and they will say, 'You are not our Lord.' And none will speak: to Him then but the Prophets, and then it will be said to them, 'Do you know ...