A woman asked the Prophet about the bath which is taken after finishing from the menses. The Prophet told her what to do and said, "Purify yourself with a piece of cloth scented with musk." The woman asked, "How shall I purify myself with it" He said, "Subhan Allah! Purify yourself (with it)." I pulled her to myself and said, "Rub the place soiled with blood with it."

Allah's Apostle said, "My example and the example o the people is like that of a person who lit a fire and let the moths, butterflies and these insects fall in it." He also said, "There were two women, each of whom had a child with her. A wolf came and took away the child of one of them, whereupon the other said, 'It has taken your child.' The first said, 'But it has taken your child.' So they both carried the case before David who judged that the living child be given to the elder lady. So both of them went to Solomon bin David and informed him (of the case). He said, 'Bring me a knife so as to cut the child into two pieces and distribute it between them.' The younger lady said, 'May Allah be merciful to you! Don't do that, for it is her (i.e. the other lady's) child.' So he gave the child to the younger lady."

Mus’ab bin Sa’d reported on the authority of his father (Sa’ad bin Abi Waqqas) “I brought a sword to the Prophet(saws) on the day of the Badr and I said (to him) Apostle of Allaah(saws) , Allaah has healed up my breast from the enemy today, so give me this sword. He said “This sword is neither mine nor yours. I then went away saying “today this will be given to a man who has not been put to trial like me. Meanwhile a messenger and came to me and said “Respond, I thought something was revealed about me owing to my speech. I came and the Prophet (saws) said to me “You asked me for this sword, but this was neither mine nor yours. Now Allaah has given it to me, hence it is yours. He then recited “they ask thee concerning (things taken as) spoils of war. Say “(Such) spoils are at the disposal of Allaah and the Apostle.

Abu Dawud said “According to the reading of the Qur’an of Ibn Mas’ud the verse goes. They ask thee concerning (things taken as ) spoils of war.

"Ibn 'Umar and I went to Abu Sa'eed and he narrated to us: 'the Messenger of Allah (saws) said - and I heard him with these [two] ears: "Do not sell gold for gold except kind for kind, nor sliver for silver except kind for kind, do not exchange more of one than the other, and do not sell what is not present from them for what is present."

[Abu 'Eisa said:] There are narrations on this topic from Abu Bakr, 'Umar, 'Uthman, Abu Hurairah, Hisham bin 'Amir, Al-Bara', Zaid bin Arqam, Fadalah bin 'Ubaid, Abu Bakrah, Ibn 'Umar, Abu Ad-Darda', and Bilal.

[He said:] The Hadith of Abu Sa'eed, from the Prophet (saws) [about Riba] is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others, except for what has been related from Ibn 'Abbas; he did not see any harm in exchanging gold for gold or silver for silver, more for less, when it is done hand in hand, and he said: "Riba' is only in credit." Similar it has been related from some of his companions. It has been related that Ibn 'Abbas changed his opinion when Abu Sa'eed narrated it to him from the Prophet (saws). The first view is more correct.

And this is acted upon according to the people of knowledge [among the Companions of the Prophet (saws) and others]. It is the view of Sufyan Ath-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. It has been reported that Ibn Al-Mubarak said: "There is no difference over exchange."

The Messenger of Allah (saws) said: Muslims are equal in respect of blood. The lowest of them is entitled to give protection on behalf of them, and the one residing far away may give protection on behalf of them. They are like one hand over against all those who are outside the community. Those who have quick mounts should return to those who have slow mounts, and those who got out along with a detachment (should return) to those who are stationed. A believer shall not be killed for an unbeliever, nor a confederate within the term of confederation with him.

Ibn Ishaq did not mention retaliation and equality in respect of blood.

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”

Yahya related to me from Malik that Nafi and Abdullah ibn Dinar told him that Abdullah ibn Umar arrived at Kufa and went to Sad ibn Abi Waqqas, who was the Amir of Kufa at that time. Abdullah ibn Umar saw him wiping over his leather socks and disapproved of it. So Sad said to him, "Ask your father when you get back." Abdullah returned but forgot to ask Umar about the matter until Sad arrived and said, "Have you asked your father?" and he said, "No."

Abdullah then asked Umar and Umar replied, "If your feet are ritually pure when you put them in the leather socks then you can wipe over the socks." Abdullah said ,"What about if we have just come from relieving ourselves?" Umar said, "Yes, even if you have just come from relieving yourself."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

A man came to Prophet (saws) and said: Messenger of Allah, my sister has taken a vow to perform hajj on foot. The Prophet (saws) said: Allah gets no good from the affliction your sister imposed on herself, so let her perform hajj riding and make atonement for her oath.

Yahya related from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone revives dead land, it belongs to him, and the unjust root has no right."

Malik explained, "The unjust root is whatever is taken, or planted without right."

I heard the Prophet saying, "Allah will not deprive you of knowledge after he has given it to you, but it will be taken away through the death of the religious learned men with their knowledge. Then there will remain ignorant people who, when consulted, will give verdicts according to their opinions whereby they will mislead others and go astray."

The Prophet appointed `Abdullah bin Jubair as the commander of the cavalry archers on the day of the battle of Uhud. Then they returned defeated, and that what is referred to by Allah's Statement:-- "And the Apostle (Muhammad) was in your rear calling you back." (3.153)

That the Prophet (saws), "There is no person who dies having good (prepared for him) with Allah, who wishes to return to the world, and to have the world and all it contains, except for the martyr because of what he knows about the virtue of martyrdom. For, indeed he loves to return to the world so that he may be killed another time."

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

Ibn 'Umar said: "Sufyan bin 'Uyainah said: "Amr bin Dinar was older than Az-Zuhri.'"

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that when the Messenger of Allah, may Allah bless him and grant him peace, returned from a military expedition or a hajj or an umra, he used to say three takbirs on every elevated part of the land, and then he used to say, "There is no god but Allah, alone, without partner. To Him belongs the Kingdom and to Him belongs the praise and He has power over everything. Returning, making tawba, serving, prostrating, praising our Lord. Allah has promised truly and given His slave victory and defeated the tribes alone."

Malik said, "The generally agreed on way of doing things among us is that some one who buys some fruit, fresh or dry, should not resell it until he gets full possession of it. He should not barter things of the same type, except hand to hand. Whatever can be made into dry fruit to be stored and eaten, should not be bartered for its own kind, except hand to hand, like for like, when it is the same kind of fruit. In the case of two different kinds of fruit, there is no harm in bartering two of one kind for one of another, hand to hand on the spot. It is not good to set delayed terms. As for produce which is not dried and stored but is eaten fresh like water melon, cucumber, melon, carrots, citron, medlars, pomegranates, and soon, which when dried no longer counts as fruit, and is not a thing which is stored up as is fruit, I think that it is quite proper to barter such things two for one of the same variety hand to hand. If no term enters into it, there is no harm in it."

That he entered upon the Messenger of Allah (saws) while he has some food. He said: "Sit down O my son! Mention Allah's Name and eat with your right hand, and eat what is nearest to you."

[Abu 'Eisa said:] It has been reported from Hisham bin 'Urwah, from Abu Wajzah As-Sa'idi, from a man from Muzainah, from 'Umar bin Abu Salamah. The Companions of Hisham bin 'Urwah differed in reporting this Hadith. Abu Wajzah As-Sa'di's name is Yazid bin 'Ubaid.

When Allah's Apostle arrived in Mecca, he refused to enter the Ka`ba while there were idols in it. So he ordered that they be taken out. The pictures of the (Prophets) Abraham and Ishmael, holding arrows of divination in their hands, were carried out. The Prophet said, "May Allah ruin them (i.e. the infidels) for they knew very well that they (i.e. Abraham and Ishmael) never drew lots by these (divination arrows). Then the Prophet entered the Ka`ba and said. "Allahu Akbar" in all its directions and came out and not offer any prayer therein.

Allah's Apostle went out to answer the call of nature and on his return I brought some water to him. He performed the ablution while he was wearing a Sha'mi cloak. He rinsed his mouth and washed his nose by putting water in it and then blowing it out, and washed his face. Then he tried to take out his hands through his sleeves but they were tight, so he took them out from underneath, washed them and passed wet hands over his head and over his leather socks.

"The Messenger of Allah (saws) prohibited me from selling what was not with me."

[Abu 'Eisa said:] This Hadith is Hasan. He said: There is something on this topic from 'Abdullah bin 'Umar.

Ishaq bin Mansur said: "I said to Ahmad: 'What is the meaning of the prohibition from a loan along with a sale? He said: 'That he gives him a loan and then he makes a sale to him greater then it's actual worth. And, it carries the meaning of him loaning it to him in exchange for something (as collateral), so he says: 'If you are unable to pay it (the loan), the it (the collateral) will be a sale for you.' Ishaq [bin Rahuwyah] said as he said. And I said to Ahmad: 'What about selling what one does not possess?' He said: 'To me it does not apply except in cases of food - meaning one has not taken possession of it.' And Ishaq said the same for all of what is measured or weighed. Ahmad said: 'When he says: "I will sell you this garment, with the condition that I am the tailor for it, and I am the one who bleaches it.' This is an example of two conditions in one sale. But if he says: "I am selling it to you with the condition that I am its tailor," then there is no harm in it. And, if he said: "I am selling it to you with the condition that I am the one who bleaches it" then there is no harm in it, because this is only one condition.' And Ishaq said as he said."

A similar report (as above) was narrated from Ibn Abu Kabshah, from his father, from the Prophet (saw).

When the Prophet was made to ascend to the Heavens, he said (after his return), "I came upon a river the banks of which were made of tents of hollow pearls. I asked Gabriel. What is this (river?) He replied, 'This is the Kauthar.'

Yahya related to me from Malik from Humayd ibn Qays al-Makki that Mujahid said, "I was with Abdullah ibn Umar and an artisan came to him and said, 'Abu Abd ar-Rahman - I fashion gold and then sell what I have made for more than its weight. I take an amount equivalent to the work of my hand.' Abdullah forbade him to do that, so the artisan repeated the question to him, and Abdullah continued to forbid him until he came to the door of the mosque or to an animal that he intended to mount. Then Abdullah ibn Umar said, 'A dinar for a dinar, and a dirham for a dirham. There is no increase between them. This is the command of ourProphet to us and our advice to you.' "

I was a blacksmith and Al-Asi Bin Wail owed me a debt, so I went to him to demand it. He said to me. "I will not pay you your debt till you disbelieve in Muhammad." I said, "I will not disbelieve in Muhammad till you die and then be resurrected." He said, "Will I be resurrected after my death? If so, I shall pay you (there) if I should find wealth and children." So there was revealed:-- 'Have you seen him who disbelieved in Our Signs, and yet says: I shall certainly be given wealth and children? Has he, known to the unseen or has he taken a covenant from (Allah) the Beneficent? Nay ! We shall record what he says, and we shall add and add to his punishment. And We shall inherit from him all that he talks of, and he shall appear before Us alone.' (19.77-80)

Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furaya bint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum, (which is 6 miles from Madina), and they had killed him.

She said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me in a dwelling which belonged to him, and had left me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said,'Yes.' So I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, 'What did you say?' I repeated the story about my husband. He said, 'Stay in your house until what is written reaches its term.' I did the idda in the house for four months and ten days."

She added, "When Uthman ibn Affan sent for me, I told him that, and he followed it and made decisions by it."

A Muslim and a Jew quarreled. The Muslim taking an oath, said, "By Him Who has preferred Muhammad over all people...!" The Jew said, "By Him Who has preferred Moses, over all people." The Muslim raised his hand and slapped the Jew who came to the Prophet to tell him what had happened between him and the Muslim. The Prophet said, "Don't give me superiority over Moses, for the people will become unconscious (on the Day of Resurrection) and I will be the first to gain consciousness to see Moses standing and holding a side of Allah's Throne. I will not know if he has been among those people who have become unconscious; and that he has gained consciousness before me, or he has been amongst those whom Allah has exempted."

Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."

`Urwa said, "Aisha told me that Allah's Apostle used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives, Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya married Qariba and Abu Jahm married the other." When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if any of your wives have gone from you to the unbelievers and you have an accession (by the coming over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of what they had spent (on their Mahr)." (60.11) So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet requesting him to return Abu Basir.

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.

Mujammi' was one of the Qur'an-reciters (qaris), and he said: We were present with the Messenger of Allah (saws) at al-Hudaybiyyah. When we returned, the people were driving their camels quickly.

The people said to one another: What is the matter with them?

They said: Revelation has come down to the Prophet (saws). We also proceeded with the people, galloping (our camels). We found the Prophet (saws) standing on his riding-animal at Kura' al-Ghamim.

When the people gathered near him, he recited: "Verily We have granted thee a manifest victory.

A man asked: Is this a victory, Messenger of Allah? He replied: Yes. By Him in Whose hands the soul of Muhammad is, this is a victory. Khaybar was divided among those who had been at al-Hudaybiyyah, and the Messenger of Allah (saws) divided it into eighteen portions. The army consisted of one thousand five hundred men, of which three hundred were cavalry, and he gave two shares to a horseman and one to a foot-soldier.

Abu Dawud said: Abu Mu'awiyah's tradition is sounder, and it is one which is followed. I think the error is in the tradition of Mujammi', because he said: "three hundred horsemen." when there were only two hundred.

`Abdullah bin Mas`ud related to us two narrations: One from the Prophet and the other from himself, saying: A believer sees his sins as if he were sitting under a mountain which, he is afraid, may fall on him; whereas the wicked person considers his sins as flies passing over his nose and he just drives them away like this." Abu Shihab (the sub-narrator) moved his hand over his nose in illustration. (Ibn Mas`ud added): Allah's Apostle said, "Allah is more pleased with the repentance of His slave than a man who encamps at a place where his life is jeopardized, but he has his riding beast carrying his food and water. He then rests his head and sleeps for a short while and wakes to find his riding beast gone. (He starts looking for it) and suffers from severe heat and thirst or what Allah wished (him to suffer from). He then says, 'I will go back to my place.' He returns and sleeps again, and then (getting up), he raises his head to find his riding beast standing beside him."

Make it wide on the side of his feet, and make it wide on the side of his head. When he came back, he was received by a man who conveyed an invitation from a woman. So he came (to her), to it food was brought, and he put his hand (i.e. took a morsel in his hand); the people did the same and they ate. Our fathers noticed that the Messenger of Allah (saws) was moving a morsel around his mouth.

He then said: I find the flesh of a sheep which has been taken without its owner's permission.

The woman sent a message to say: Messenger of Allah, I sent (someone) to an-Naqi' to have a sheep bought for me, but there was none; so I sent (a message) to my neighbour who had bought a sheep, asking him to send it to me for the price (he had paid), but he could not be found. I, therefore, sent (a message) to his wife and she sent it to me.

The Messenger of Allah (saws) said: Give this food to the prisoners.

Yahya related to me from Malik that Yahya ibn Said used to hear Said ibn al-Musayyab say, "Anyone that does umra in Shawwal, Dhu'l-Qada or Dhu l-Hijja, and then stays in Makka until it is time for the hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Allah's Apostle said, "The Prophet Abraham migrated with Sarah. The people (of the town where they migrated) gave her Ajar (i.e. Hajar). Sarah returned and said to Abraham, "Do you know that Allah has humiliated that pagan and he has given a slave-girl for my service?"

The Prophet said, "When Allah has ordained some affair in the Heaven, the angels beat with their wings in obedience to His statement, which sounds like a chain dragged over a rock." (`Ali and other sub-narrators said, "The sound reaches them.") "Until when fear is banished from their (angels) hearts, they (angels) say, 'What was it that your Lord said? They say, 'The truth; And He is the Most High, the Most Great.' (34.23) Then those who gain a hearing by stealing (i.e. devils) will hear Allah's Statement:-- 'Those who gain a hearing by stealing, (stand one over the other like this). (Sufyan, to illustrate this, spread the fingers of his right hand and placed them one over the other horizontally.) A flame may overtake and burn the eavesdropper before conveying the news to the one below him; or it may not overtake him till he has conveyed it to the one below him, who in his turn, conveys it to the one below him, and so on till they convey the news to the earth. (Or probably Sufyan said, "Till the news reaches the earth.") Then the news is inspired to a sorcerer who would add a hundred lies to it. His prophecy will prove true (as far as the heavenly news is concerned). The people will say. 'Didn't he tell us that on such-and-such a day, such-and-such a thing will happen? We have found that is true because of the true news heard from heaven."

The above hadith is also narrated by Abu Huraira, starting: 'When Allah has ordained some affair...') In this narration the word foreteller is added to the word wizard.

'Uwaimir Al-Ajlani came to `Asim bin Ad Al-Ansari and said to him, "O `Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, O `Asim, ask about this on my behalf." `Asim asked Allah's Apostle about it. Allah's Apostle, disliked that question and considered it disgraceful. What `Asim heard from Allah's Apostle was hard on him. When `Asim returned to his family, 'Uwaimir came to him and said, "O `Asim! What did Allah's Apostle. say to you?" `Asim said to 'Uwaimir, "You never bring me any good. Allah's Apostle disliked the problem which I asked him about." 'Uwaimir said, "By Allah, I will not give up this matter until I ask the Prophet about it." So 'Uwaimir proceeded till he came to Allah's Apostle in the midst of people, and said, "O Allah's Apostle! If a man sees another man with his wife, would he kill him, whereupon you would kill him, or what should he do?" Allah's Apostle said, "Allah has revealed some decree as regards you and your wives case. Go and bring her." So they carried out the process of Lian while I was present among the people with Allah's Apostle. When they had finished their Lian, 'Uwaimir said, "O Allah's Apostle! If I should now keep her with me as a wife, then I have told a lie." So he divorced her thrice before Allah's Apostle ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Lian.)

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."

Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."

Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "

Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."

Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."

Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."

Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "

Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."

Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."

Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."