Allah's Apostle said, "While a man was going on a way, he saw a thorny branch and removed it from the way and Allah became pleased by his action and forgave him for that." Then the Prophet said, "Five are martyrs: One who dies of plague, one who dies of an Abdominal disease, one who dies of drowning, one who is buried alive (and) dies and one who is killed in Allah's cause." (The Prophet further said, "If the people knew the reward for pronouncing the Adhan and for standing in the first row (in the congregational prayer) and found no other way to get it except by drawing lots they would do so, and if they knew the reward of offering the Zuhr prayer early (in its stated time), they would race for it and if they knew the reward for `Isha' and Fajr prayers in congregation, they would attend them even if they were to crawl.

Once Musa bin Anas while describing the battle of Yamama, said, "Anas bin Malik went to Thabit bin Qais, who had lifted his clothes from his thighs and was applying Hunut to his body. Anas asked, 'O Uncle! What is holding you back (from the battle)?' He replied, 'O my nephew! I am coming just now,' and went on perfuming himself with Hunut, then he came and sat (in the row). Anas then mentioned that the people fled from the battle-field. On that Thabit said, 'Clear the way for me to fight the enemy. We would never do so (i.e. flee) in the company of Allah's Apostle. How bad the habits you have acquired from your enemies!"

I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Apostle did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Apostle said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubaida bin al-Jarrah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."

While we were with Allah's Apostle who was distributing (i.e. some property), there came Dhu-l- Khuwaisira, a man from the tribe of Bani Tamim and said, "O Allah's Apostle! Do Justice." The Prophet said, "Woe to you! Who could do justice if I did not? I would be a desperate loser if I did not do justice." `Umar said, "O Allah's Apostle! Allow me to chop his head off." The Prophet said, "Leave him, for he has companions who pray and fast in such a way that you will consider your fasting negligible in comparison to theirs. They recite Qur'an but it does not go beyond their throats (i.e. they do not act on it) and they will desert Islam as an arrow goes through a victim's body, so that the hunter, on looking at the arrow's blade, would see nothing on it; he would look at its Risaf and see nothing: he would look at its Na,di and see nothing, and he would look at its Qudhadh ( 1 ) and see nothing (neither meat nor blood), for the arrow has been too fast even for the blood and excretions to smear. The sign by which they will be recognized is that among them there will be a black man, one of whose arms will resemble a woman's breast or a lump of meat moving loosely. Those people will appear when there will be differences amongst the people." I testify that I heard this narration from Allah's Apostle and I testify that `Ali bin Abi Talib fought with such people, and I was in his company. He ordered that the man (described by the Prophet ) should be looked for. The man was brought and I looked at him and noticed that he looked exactly as the Prophet had described him.

That the Messenger of Allah (saws) said: "Do not sell the (slave) female singers, not purchase them, nor teach them (to sing). And there is no good in trading in them, and their prices are unlawful. It was about the likes of this that this Ayah was revealed: And among mankind is he who purchases idle talk to divert from the way of Allah."

[He said:] There is narration about this from 'Umar bin Al-Khattab.

[Abu 'Eisa said:] We only know of the Hadith of Abu Umamah, like this, from this route. Some of the people of knowledge have criticized 'Ali bin Yazid (one of the narrators) and graded him weak, and he is from Ash-Sham.

"that a man from [Banu] Fazarah came to the Prophet (saws) and said: 'O Messenger of Allah (saws)! My wife gave birth to black boy." So the Prophet (s.a.w) said: "[Do you have any camels?]" He said: 'Yes." He said: "Then what are their colors?" He said: "Red." He said: "Is there a gray one among them?" He said: "Yes, there is a grey one among them." He said: "From where does that come?" He said: "Perhaps it is hereditary." He said: "Then in the same way, perhaps it is his heredity."

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

that he came to `Aisha and said to her, "O Mother of the Believers! There is a man who sends a Hadi to Ka`ba and stays in his city and requests that his Hadi camel be garlanded while he remains in a state of Ihram from that day till the people finish their Ihram (after completing all the ceremonies of Hajj)" (What do you say about it?) Masruq added, I heard the clapping of her hands behind the curtain. She said, "I used to twist the garlands for the Hadi of Allah's Apostle and he used to send his Hadi to Ka`ba but he never used to regard as unlawful what was lawful for men to do with their wives till the people returned (from the Hajj).

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

The Prophet judged that seven cubits should be left as a public way when there was a dispute about the land.

`Aisha intended to buy Barira (a slave-girl) in order to manumit her and her masters intended to put the condition that her Al-wala would be for them. `Aisha mentioned that to the Prophet who said to her, "Buy her, as the "Wala" is for the manumitted." Once some meat was presented to the Prophet and `Aisha said to him, "This (meat) was given in charity to Barira." He said, "It is an object of charity for Barira but a gift for us."

Allah's Apostle used to give extra share to some of the members of the Sariya he used to send, in addition to the shares they shared with the army in general.

Aisha brought out to us a Kisa and an Izar and said, "The Prophet died while wearing these two." (Kisa, a square black piece of woolen cloth. Izar, a sheet cloth garment covering the lower half of the body).

The Prophet used to proceed to the Musalla on the days of Id-ul-Fitr and Id-ul-Adha; the first thing to begin with was the prayer and after that he would stand in front of the people and the people would keep sitting in their rows. Then he would preach to them, advise them and give them orders, (i.e. Khutba). And after that if he wished to send an army for an expedition, he would do so; or if he wanted to give and order, he would do so, and then depart. The people followed this tradition till I went out with Marwan, the Governor of Medina, for the prayer of Id-ul-Adha or Id-ul-Fitr. When we reached the Musalla, there was a pulpit made by Kathir bin As-Salt. Marwan wanted to get up on that pulpit before the prayer. I got hold of his clothes but he pulled them and ascended the pulpit and delivered the Khutba before the prayer. I said to him, "By Allah, you have changed (the Prophet's tradition)." He replied, "O Abu Sa`id! Gone is that which you know." I said, "By Allah! What I know is better than what I do not know." Marwan said, "People do not sit to listen to our Khutba after the prayer, so I delivered the Khutba before the prayer."

The Prophet said, "Soon others will be preferred to you, and there will be things which you will not like." The companions of the Prophet asked, "O Allah's Apostle! What do you order us to do (in this case)? " He said, "(I order you) to give the rights that are on you and to ask your rights from Allah."

That he heard a man reciting a Quranic Verse which he had heard the Prophet reciting in a different way. So he took that man to the Prophet (and told him the story). The Prophet said, "Both of you are reciting in a correct way, so carry on reciting." The Prophet further added, "The nations which were before you were destroyed (by Allah) because they differed."

The people of (Banu) Quraiza agreed to accept the verdict of Sa`d bin Mu`adh. So the Prophet sent for Sa`d, and the latter came (riding) a donkey and when he approached the Mosque, the Prophet said to the Ansar, "Get up for your chief or for the best among you." Then the Prophet said (to Sa`d)." These (i.e. Banu Quraiza) have agreed to accept your verdict." Sa`d said, "Kill their (men) warriors and take their offspring as captives, "On that the Prophet said, "You have judged according to Allah's Judgment," or said, "according to the King's judgment."

The people of (the tribe of) Quraiza agreed upon to accept the verdict of Sa`d. The Prophet sent for him (Sa`d) and he came. The Prophet said (to those people), "Get up for your chief or the best among you!" Sa`d sat beside the Prophet and the Prophet said (to him), "These people have agreed to accept your verdict." Sa`d said, "So I give my judgment that their warriors should be killed and their women and children should be taken as captives." The Prophet said, "You have judged according to the King's (Allah's) judgment." (See Hadith No. 447, Vol. 5)

`Umar delivered a sermon on the pulpit of Allah's Apostle, saying, "Alcoholic drinks were prohibited by Divine Order, and these drinks used to be prepared from five things, i.e., grapes, dates, wheat, barley and honey. Alcoholic drink is that, that disturbs the mind." `Umar added, "I wish Allah's Apostle had not left us before he had given us definite verdicts concerning three matters, i.e., how much a grandfather may inherit (of his grandson), the inheritance of Al-Kalala (the deceased person among whose heirs there is no father or son), and various types of Riba(1 ) (usury) ."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "

Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."

Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."

Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

"Once a delegation of `Abdul Qais came to Allah's Apostle and said, "We belong to such and such branch of the tribe of Rabi'ah and we can only come to you in the sacred months. Order us to do something good so that we may take it from you and also invite to it those whom we have left behind (at home)." So he said, "I order you to do four things and forbid you from four things: To believe in Allah" - and then he explained it to them "to testify that none has the right to be worshipped but Allah and that I am Allah's Apostle, to establish the prayers (at the stated times), to pay the Zakat (obligatory charity), to hand me the Khumus (fifth) if you acquire spoils of war. And I forbid from (using) Dubba, Hantam, Muqaiyyar, and Naqir (all these were utensils used for the preparation of alcoholic drinks).

I heard Hisham bin Hakim bin Hizam reciting Surat-al-Furqan in a way different to that of mine. Allah's Apostle had taught it to me (in a different way). So, I was about to quarrel with him (during the prayer) but I waited till he finished, then I tied his garment round his neck and seized him by it and brought him to Allah's Apostle and said, "I have heard him reciting Surat-al-Furqan in a way different to the way you taught it to me." The Prophet ordered me to release him and asked Hisham to recite it. When he recited it, Allah s Apostle said, "It was revealed in this way." He then asked me to recite it. When I recited it, he said, "It was revealed in this way. The Qur'an has been revealed in seven different ways, so recite it in the way that is easier for you."

We used to pray with the Prophet and some of us used to place the ends of their clothes at the place of prostration because of scorching heat.

Allah's Apostle came out as the sun declined at midday and offered the Zuhr prayer. He then stood on the pulpit and spoke about the Hour (Day of Judgment) and said that in it there would be tremendous things. He then said, "Whoever likes to ask me about anything he can do so and I shall reply as long as I am at this place of mine. Most of the people wept and the Prophet said repeatedly, "Ask me." `Abdullah bin Hudhafa As-Sahmi stood up and said, "Who is my father?" The Prophet said, "Your father is Hudhafa." The Prophet repeatedly said, "Ask me." Then `Umar knelt before him and said, "We are pleased with Allah as our Lord, Islam as our religion, and Muhammad as our Prophet." The Prophet then became quiet and said, "Paradise and Hell-fire were displayed in front of me on this wall just now and I have never seen a better thing (than the former) and a worse thing (than the latter).

We were sitting with Ibn Masud when Khabbab came and said, "O Abu `Abdur-Rahman! Can these young fellows recite Qur'an as you do?" Ibn Mas`ud said, "If you wish I can order one of them to recite (Qur'an) for you ." Khabbab replied, "Yes. "Ibn Mas`ud said, "Recite, O 'Alqama!" On that, Zaid bin Hudair, the brother of Ziyad bin Hudair said, (to Ibn Mas`ud), "Why have you ordered 'Alqama to recite though he does not recite better than we?" Ibn Mas`ud said, "If you like, I would tell you what the Prophet said about your nation and his (i.e. 'Alqama's) nation." So I recited fifty Verses from Sura-Maryam. `Abdullah (bin Mas`ud) said to Khabbab, "What do you think (about 'Alqama's recitation)?" Khabbab said, "He has recited well." `Abdullah said, "Whatever I recite, 'Alqama recites." Then `Abdullah turned towards Khabbab and saw that he was wearing a gold ring, whereupon he said, "Hasn't the time for its throwing away come yet?" Khabbab said, "You will not see me wearing it after today," and he throw it away.

That he differed with Al-Hurr bin Qais bin Hisn Al-Fazari about the companion of Moses, (i.e., whether he was Kha,dir or not). Ubai bin Ka`b Al-Ansari passed by them and Ibn `Abbas called him saying, 'My friend (Hur) and I have differed about Moses' Companion whom Moses asked the way to meet. Did you hear Allah's Apostle mentioning anything about him?" Ubai said, "Yes, I heard Allah's Apostle saying, "While Moses was sitting in the company of some Israelites a man came to him and asked, 'Do you know Someone who is more learned than you (Moses)?' Moses said, 'No.' So Allah sent the Divine inspiration to Moses:-- 'Yes, Our Slave Khadir is more learned than you' Moses asked Allah how to meet him ( Khadir) So Allah made the fish as a sign for him and it was said to him, 'When you lose the fish, go back (to the place where you lose it) and you will meet him.' So Moses went on looking for the sign of the fish in the sea. The boy servant of Moses (who was accompanying him) said to him, 'Do you remember (what happened) when we betook ourselves to the rock? I did indeed forget to tell you (about) the fish. None but Satan made me forget to tell you about it' (18.63) Moses said: 'That is what we have been seeking." Sa they went back retracing their footsteps. (18.64). So they both found Kadir (there) and then happened what Allah mentioned about them (in the Qur'an)!' (See 18.60- 82)

Some people asked the Prophet: "Who is the most honorable amongst the people?" He replied, "The most honorable among them is the one who is the most Allah-fearing." They said, "O Allah's Prophet! We do not ask about this." He said, "Then the most honorable person is Joseph, Allah's Prophet, the son of Allah's Prophet, the son of Allah's Prophet, the son of Allah's Khalil." They said, "We do not ask about this." He said, "Then you want to ask me about the Arabs' descent?" They said, "Yes." He said, "Those who were best in the pre-lslamic period, are the best in Islam, if they comprehend (the religious knowledge).

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked about a man who divorced when he was drunk. They said, "When a drunk man divorces, his divorce is allowed. If he kills, he is killed for it."

Malik said, "That is what is done among us."

Two fasts and two kinds of sale are forbidden: fasting on the day of `Id ul Fitr and `Id-ul-Adha and the kinds of sale called Mulamasa and Munabadha. (These two kinds of sale used to be practiced in the days of Pre-Islamic period of ignorance; Mulamasa means when you touch something displayed for sale you have to buy it; Munabadha means when the seller throws something to you, you have to buy it.)

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.