That he heard the Prophet saying, "It is not permissible for a man to be alone with a woman, and no lady should travel except with a Muhram (i.e. her husband or a person whom she cannot marry in any case for ever; e.g. her father, brother, etc.)." Then a man got up and said, "O Allah's Apostle! I have enlisted in the army for such-and-such Ghazwa and my wife is proceeding for Hajj." Allah's Apostle said, "Go, and perform the Hajj with your wife."

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

The Prophet (saws) said: If anyone cares for three daughters, disciplines them, marries them, and does good to them, he will go to Paradise.

(whose narrations attest each other) Allah's Apostle set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, "Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right." By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet went on advancing till he reached the Thaniya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, "Al-Qaswa' (i.e. the she-camel's name) has become stubborn! Al-Qaswa' has become stubborn!" The Prophet said, "Al-Qaswa' has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he said, "By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them." The Prophet then rebuked the she-camel and she got up. The Prophet changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah's Apostle; of thirst. The Prophet took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa-al- Khuza`i came with some persons from his tribe Khuza`a and they were the advisers of Allah's Apostle who would keep no secret from him and were from the people of Tihama. Budail said, "I left Ka`b bin Luai and 'Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka`ba." Allah's Apostle said, "We have not come to fight anyone, but to perform the `Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the 'Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious." Budail said, "I will inform them of what you have said." So, he set off till he reached Quraish and said, "We have come from that man (i.e. Muhammad) whom we heard saying something which we will disclose to you if you should like." Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, "Relate what you heard him saying." Budail said, "I heard him saying so-and-so," relating what the Prophet had told him. `Urwa bin Mas`ud got up and said, "O people! Aren't you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Don't you know that I invited the people of `Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e. the Prophet) has offered you a reasonable proposal, you'd better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet and started talking to him. The Prophet told him almost the same as he had told Budail. Then `Urwa said, "O Muhammad! Won't you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone." Hearing that, Abu Bakr abused him and said, "Do you say we would run and leave the Prophet alone?" `Urwa said, "Who is that man?" They said, "He is Abu Bakr." `Urwa said to Abu Bakr, "By Him in Whose Hands my life is, were it not for the favor which you did to me and which I did not compensate, I would retort on you." `Urwa kept on talking to the Prophet and seizing the Prophet's beard as he was talking while Al-Mughira bin Shu`ba was standing near the head of the Prophet, holding a sword and wearing a helmet. Whenever `Urwa stretched his hand towards the beard of the Prophet, Al-Mughira would hit his hand with the handle of the sword and say (to `Urwa), "Remove your hand from the beard of Allah's Apostle." `Urwa raised his head and asked, "Who is that?" The people said, "He is Al-Mughira bin Shu`ba." `Urwa said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islam Al-Mughira was in the company of some people. He killed them and took their property and came (to Medina) to embrace Islam. The Prophet said (to him, "As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason). `Urwa then started looking at the Companions of the Prophet. By Allah, whenever Allah's Apostle spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. `Urwa returned to his people and said, "O people! By Allah, I have been to the kings and to Caesar, Khosrau and An- Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect." `Urwa added, "No doubt, he has presented to you a good reasonable offer, so please accept it." A man from the tribe of Bani Kinana said, "Allow me to go to him," and they allowed him, and when he approached the Prophet and his companions, Allah's Apostle said, "He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him." So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Ka`ba." When he returned to his people, he said, 'I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka`ba." Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad, and they allowed him, too. When he approached the Muslims, the Prophet said, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet and as he was talking, Suhail bin `Amr came. When Suhail bin `Amr came, the Prophet said, "Now the matter has become easy." Suhail said to the Prophet "Please conclude a peace treaty with us." So, the Prophet called the clerk and said to him, "Write: By the Name of Allah, the most Beneficent, the most Merciful." Suhail said, "As for 'Beneficent,' by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously." The Muslims said, "By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful." The Prophet said, "Write: By Your Name O Allah." Then he dictated, "This is the peace treaty which Muhammad, Allah's Apostle has concluded." Suhail said, "By Allah, if we knew that you are Allah's Apostle we would not prevent you from visiting the Ka`ba, and would not fight with you. So, write: "Muhammad bin `Abdullah." The Prophet said, "By Allah! I am Apostle of Allah even if you people do not believe me. Write: Muhammad bin `Abdullah." (Az-Zuhri said, "The Prophet accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform `Umra.)" The Prophet said to Suhail, "On the condition that you allow us to visit the House (i.e. Ka`ba) so that we may perform Tawaf around it." Suhail said, "By Allah, we will not (allow you this year) so as not to give chance to the 'Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet got that written. Then Suhail said, "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims said, "Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu- Jandal bin Suhail bin `Amr came from the valley of Mecca staggering with his fetters and fell down amongst the Muslims. Suhail said, "O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me." The Prophet said, "The peace treaty has not been written yet." Suhail said, "I will never allow you to keep him." The Prophet said, "Yes, do." He said, "I won't do.: Mikraz said, "We allow you (to keep him)." Abu Jandal said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don't you see how much I have suffered?" (continued...) (continuing... 1): -3.891:... ... Abu Jandal had been tortured severely for the Cause of Allah. `Umar bin Al-Khattab said, "I went to the Prophet and said, 'Aren't you truly the Apostle of Allah?' The Prophet said, 'Yes, indeed.' I said, 'Isn't our Cause just and the cause of the enemy unjust?' He said, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'I am Allah's Apostle and I do not disobey Him, and He will make me victorious.' I said, 'Didn't you tell us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did I tell you that we would visit the Ka`ba this year?' I said, 'No.' He said, 'So you will visit it and perform Tawaf around it?' " `Umar further said, "I went to Abu Bakr and said, 'O Abu Bakr! Isn't he truly Allah's Prophet?' He replied, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'Indeed, he is Allah's Apostle and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.' I said, 'Was he not telling us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did he tell you that you would go to the Ka`ba this year?' I said, 'No.' He said, "You will go to Ka`ba and perform Tawaf around it." (Az-Zuhri said, " `Umar said, 'I performed many good deeds as expiation for the improper questions I asked them.' ") When the writing of the peace treaty was concluded, Allah's Apostle said to his companions, "Get up and' slaughter your sacrifices and get your head shaved." By Allah none of them got up, and the Prophet repeated his order thrice. When none of them got up, he left them and went to Um Salama and told her of the people's attitudes towards him. Um Salama said, "O the Prophet of Allah! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head." So, the Prophet went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet ); and Allah revealed the following Divine Verses:-- "O you who believe, when the believing women come to you as emigrants examine them . . ." (60.10) `Umar then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaiya married the other. When the Prophet returned to Medina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet ), "Abide by the promise you gave us." So, the Prophet handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah's Apostle saw him he said, "This man appears to have been frightened." When he reached the Prophet he said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "O Allah's Apostle, by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them." The Prophet said, "Woe to his mother! what excellent war kindler he would be, should he only have supporters." When Abu Basir heard that he understood that the Prophet would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail got himself released from them (i.e. infidels) and joined Abu Basir. So, whenever a man from Quraish embraced Islam he would follow Abu Basir till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet would be secure. So the Prophet sent for them (i.e. Abu Basir's companions) and Allah I revealed the following Divine Verses: "And it is He Who Has withheld their hands from you and your hands From them in the midst of Mecca, After He made you the victorious over them. ... the unbelievers had pride and haughtiness, in their hearts ... the pride and haughtiness of the time of ignorance." (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad) was the Prophet of Allah and refused to write: "In the Name of Allah, the most Beneficent, the Most Merciful," and they (the mushriks) prevented them (the Muslims) from visiting the House (the Ka`bah).

Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt, which people claim from him, and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it.

"If a man gives his son or daughter something and a woman marries the man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back, or, if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you."

The Prophet (saws) said: The adulterer who has been flogged shall not marry save the one like him. AbuMa'mar said: Habib al-Mu'allim narrated (this tradition) to us on the authority of Amr ibn Shu'ayb.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "If someone marries a woman and cannot have intercourse with her, there is a deadline of a year set for him to have intercourse with her. If he does not, they are separated."

I went out along with my father during the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him.

He then said: I participated in the army of Athran (in the pre-Islamic days).

The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward?

I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age.

I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before.

The Messenger of Allah (saws) said: How old is she now?

He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (saws).

When he felt this in me, he said: You will not be sinful, nor will your companion be sinful.

Abu Dawud said: Qatir means old age.

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

`Ali bin Abi Talib said: "I got a she-camel as my share of the war booty on the day (of the battle) of Badr, and Allah's Apostle gave me another she-camel. I let both of them kneel at the door of one of the Ansar, intending to carry Idhkhir on them to sell it and use its price for my wedding banquet on marrying Fatima. A goldsmith from Bani Qainqa' was with me. Hamza bin `Abdul-Muttalib was in that house drinking wine and a lady singer was reciting: "O Hamza! (Kill) the (two) fat old she camels (and serve them to your guests). So Hamza took his sword and went towards the two she-camels and cut off their humps and opened their flanks and took a part of their livers." (I said to Ibn Shihab, "Did he take part of the humps?" He replied, "He cut off their humps and carried them away.") `Ali further said, "When I saw that dreadful sight, I went to the Prophet and told him the news. The Prophet came out in the company of Zaid bin Haritha who was with him then, and I too went with them. He went to Hamza and spoke harshly to him. Hamza looked up and said, 'Aren't you only the slaves of my forefathers?' The Prophet retreated and went out. This incident happened before the prohibition of drinking."

I heard Allah's Apostle saying, "The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended. So whoever emigrated for worldly benefits or for a woman to marry, his emigration was for what he emigrated for."

The Prophet said, "He who has a slave-girl and teaches her good manners and improves her education and then manumits and marries her, will get a double reward; and any slave who observes Allah's right and his master's right will get a double reward."

On his father's authority, said that his grandfather reported the Prophet (saws) said: When one of you marries his female servant to his slave or to his employee, he should not look at her private part below the navel and above the knees.

Abu Dawud said: The correct name is Sawwad b. Dawud al-Muzani al-Sairafi (and not Dawud b. Sawwad as mentioned in the chain). The narrator waki' misunderstood it.

'Ali b. Abi Talib reported that Allah's Messenger (may peace be upon him) forbade on the Day of Khaibar temporary marriage (Muta') with women and the eating of the flesh of domestic asses.

Allah, the brother of Abu Al-Qu'ais asked my permission to enter after the verses of Al-Hijab (veiling the ladies) was revealed, and I said, "By Allah, I will not admit him unless I take permission of Allah's Apostle for it was not the brother of Al-Qu'ais who had suckled me, but it was the wife of Al-Qu'ais, who had suckled me." Then Allah's Apostle entered upon me, and I said, "O Allah's Apostle! The man has not nursed me but his wife has nursed me." He said, "Admit him because he is your uncle (not from blood relation, but because you have been nursed by his wife), Taribat Yaminuki." `Urwa said, "Because of this reason, ' Aisha used to say: Foster suckling relations render all those things (marriages etc.) illegal which are illegal because of the corresponding blood relations." (See Hadith No. 36, Vol. 7)

The Prophet said, "The rewards (of deeds) are according to the intention, and everybody will get the reward for what he has intended. So whoever emigrated for Allah's and His Apostle's sake, his emigration was for Allah and His Apostle; and whoever emigrated for worldly benefits, or to marry a woman, then his emigration was for the thing for what he emigrated for." (1)

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr said that a man who had four wives and then divorced one of them irrevocably, could marry straightaway if he wished, and he did not have to wait for the completion of her idda.

Allah's Apostle said, "The reward of deeds depends upon the intention and every person will get the reward according to what he has intended. So whoever emigrated for Allah and His Apostle, then his emigration was for Allah and His Apostle. And whoever emigrated for worldly benefits or for a woman to marry, his emigration was for what he emigrated for."

The Prophet said, 'O people! The reward of deeds depends upon the intentions, and every person will get the reward according to what he has intended. So, whoever emigrated for Allah and His Apostle, then his emigration was for Allah and His Apostle, and whoever emigrated to take worldly benefit or for a woman to marry, then his emigration was for what he emigrated for."

The Prophet said, "The (reward of) deeds depend on intentions, and every person will get the reward according to what he intends. So, whoever migrated for Allah and His Apostle, then his migration will be for Allah and His Apostle, and whoever migrated for worldly benefits or for marrying a woman, then his migration will be for what he migrated for." (See Hadith No. 1, Vol. 1)

We made a journey to Syria on an expedition along with the Messenger of Allah (saws). The Nabateans of Syria came to us and we paid in advance to them (in a salam contract) in wheat and olive oil at a specified rate and for a specified time. He asked (by the people): you might have contracted with him who had these things in his possession? He replied: We did not ask them.

The Prophet did not give a better wedding banquet on the occasion of marrying any of his wives than the one he gave on marrying Zainab, and that banquet was with (consisted of) one sheep.

I heard Allah's Apostle saying, "The (reward of) deeds, depend upon the intentions and every person will get the reward according to what he has intended. So whoever emigrated for the sake of Allah and His Apostle, then his emigration will be considered to be for Allah and His Apostle, and whoever emigrated for the sake of worldly gain or for a woman to marry, then his emigration will be considered to be for what he emigrated for."

Allah's Apostle said, "If a person teaches his slave girl good manners properly, educates her properly, and then manumits and marries her, he will get a double reward. And if a man believes in Jesus and then believes in me, he will get a double reward. And if a slave fears his Lord (i.e. Allah) and obeys his masters, he too will get a double reward."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

While I was walking with `Abdullah he said, "We were in the company of the Prophet and he said, 'He who can afford to marry should marry, because it will help him refrain from looking at other women, and save his private parts from committing illegal sexual relation; and he who cannot afford to marry is advised to fast, as fasting will diminish his sexual power."

Allah's Apostle forbade Ash-Shighar, which means that somebody marries his daughter to somebody else, and the latter marries his daughter to the former without paying Mahr.

Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

We were with the Prophet while we were young and had no wealth. So Allah's Apostle said, "O young people! Whoever among you can marry, should marry, because it helps him lower his gaze and guard his modesty (i.e. his private parts from committing illegal sexual intercourse etc.), and whoever is not able to marry, should fast, as fasting diminishes his sexual power."

On the day of Khaibar, Allah's Apostle forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat.

While I was with `Abdullah, `Uthman met him at Mina and said, "O Abu `Abdur-Rahman ! I have something to say to you." So both of them went aside and `Uthman said, "O Abu `Abdur-Rah. man! Shall we marry you to a virgin who will make you remember your past days?" When `Abdullah felt that he was not in need of that, he beckoned me (to join him) saying, "O 'Alqama!" Then I heard him saying (in reply to `Uthman), "As you have said that, (I tell you that) the Prophet once said to us, 'O young people! Whoever among you is able to marry, should marry, and whoever is not able to marry, is recommended to fast, as fasting diminishes his sexual power.

Regarding the Qur'anic Verse: 'O you who believe! You are forbidden to inherit women against their will.' (4.19) The custom (in the Pre-lslamic Period) was that if a man died, his relatives used to have the right to inherit his wife, and if one of them wished, he could marry her, or they could marry her to somebody else, or prevent her from marrying if they wished, for they had more right to dispose of her than her own relatives. Therefore this Verse was revealed concerning this matter.

AbuHind cupped the Prophet (saws) in the middle of his head. The Prophet (saws) said: Banu Bayadah, marry AbuHind (to your daughter), and ask him to marry (his daughter) to you. He said: The best thing by which you treat yourself is cupping.

The tradition, (of the Prophet) is that if someone marries a virgin and he has already a matron wife (with him), then he should stay with the virgin for seven days; and if someone marries a matron (and he has already a virgin wife with him) then he should stay with her for three days.

A woman came to Allah's Apostle and said, "O Allah's Apostle! I want to give up myself to you." A man said, "Marry her to me." The Prophet said, "We agree to marry her to you with what you know of the Qur'an by heart."

that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! (This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr, and they are ordered to marry other women instead of them."

It is the Prophet's tradition that if someone marries a virgin and he has already a matron wife then he should stay for seven days with her (the virgin) and then by turns; and if someone marries a matron and he has already a virgin wife then he should stay with her (the matron) for three days, and then by turns.

When I visited Aisha she said, "Barirah who had a written contract for her emancipation for a certain amount came to me and said, "O mother of the believers! Buy me and manumit me, as my masters will sell me." Aisha agreed to it. Barirah said, 'My masters will sell me on the condition that my Wala will go to them." Aisha said to her, 'Then I am not in need of you.' The Prophet heard of that or was told about it and so he asked Aisha, 'What is the problem of Barirah?' He said, 'Buy her and manumit her, no matter what they stipulate.' Aisha added, 'I bought and manumitted her, though her masters had stipulated that her Wala would be for them.' The Prophet said, The Wala is for the liberator, even if the other stipulated a hundred conditions."

When Hafsa, `Umar's daughter became a widow because of the death of her (husband) Ibn Hudhafa As-Sahmi who was one of the companion of the Prophet and the one of the Badr warriors and died at Medina, `Umar said, "I met `Uthman bin `Affan and gave him an offer, saying, 'If you wish, I will marry Hafsa to you.' He said. 'I will think it over' I waited for a few days, then he met me and said, 'I have made up my mind not to marry at present' "`Umar added, "Then I met Abu Bakr and said to him, 'If you wish, I will marry Hafsa to you.' "