a half or a third or a quarter or whatever."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

"I went to the Prophet (SAW) while he was sitting in the Masjid, the people said: 'This is 'Adi bin Hatim.' And I came without having a treaty nor a writ. When I was brought to him, he took my hand. Prior to that he had said: 'I hope that Allah will place his hand in my hand.'" He said: "He stood with me, and a woman and a boy met him and said: 'We have a need from you.' He stood with them, until he was finished dealing with what they wanted. Then he took me by the hand until he brought me to his house. A slave girl brought him a cushion to sit on, and I sat in front of him. He expressed thanks and praise for Allah then said: 'What has caused you to flee from saying La Ilaha Illallah? Do you know of another god other than Him?'" He said: "I said: 'No.'" He said: "Then he talked for some time, and then said: 'You refuse to say Allahu Akbar because you know that there is something greater than Allah?'" He said: "I said: 'No.' He said: 'Indeed the Jews are those who Allah is wrath with, and the Christians have strayed.'" He said: "I said: 'Indeed I am a Muslim, Hanif.'" He said: "I saw his face smiling with happiness." He said: "Then he ordered that I stop with him at the home of a man from the Ansar, whom he would frequently visit in the mornings and the evenings. When I was with him at night, a people in woolen garments of these Nimar (a cloth with certain patters, and the word appeared before) came. Then he performed Salat and stood to encourage them (the people) to give (charity) to them. Then he said: 'Even with a Sa' or half a Sa', or a handful or part of a handful, to save the face of one of you from the heat of Hell, or the Fire. And even if it be by a date or a part of a date - for indeed one of you shall meet Allah and it shall be said to him what I say to you: "Have I not given hearing and seeing to you?" He shall say: "Of course." It will be said: "Have I not given you wealth and children?" He shall say: "Of course." It will be said: "So where is what you have sent forth for yourself?" He will look before him and behind him, on his right and on his left, but he shall not find anything to protect his face from the heat of Hell. Let one of you protect his face from the Fire, even if with part of a date, and if he does not find that, then with a good statement. For indeed I do not fear poverty for you - Allah will aid you and grant you, such that a woman can travel on her camel howda from Yathrib to Al-Hirah, or further, without fear of being robbed.' I began thinking to myself: "Where would the thieves of Taiy' be then?"'

Abu Naufal Mu'awiya b. Muslim told that he saw `Abdallah b. az-Zubair on the hill-road leading to Medina[1]. Quraish and others began to go past him, and when `Abdallah b. `Umar came past he stopped where he was and said, "Peace be upon you, Abu Khubaib; peace be upon you, Abu Khubaib; peace be upon you, Abu Khubaib! I swear by God that I was forbidding you to do what would lead to this. I swear by God that I was forbidding you to do what would lead to this. I swear by God that I was forbidding you to do what would lead to this. I swear by God that I have known you were given to fasting, praying by night and joining ties of relationship. I swear by God that a people among whom you are reckoned the worst is a wicked people[2]." A version has, ``a good people". `Abdallah b. `Umar then moved on. When al-Hajjaj heard of 'Abdallah stopping and of what he had said, he sent and had Ibn az-Zubair taken down from his palm-trunk and cast among the graves of the Jews. He then sent for his mother, Asma' daughter of Abu Bakr, but she refused to go to him. He then sent the messenger back to say she must come, or he would send someone for her who would drag her by the hair. She refused to go saying, "I swear by God that I shall not go to you till you send someone for me to drag me by my hair." He called for his smooth leather sandals, and taking them went off in a hurry[3]. Then when he went in to see her, he said, "What do you think of the way I have dealt with God's enemy?" She replied, "I consider that you have spoiled his worldly interests and that he has spoiled your interests in the next world. I heard that you were addressing him as the son of the woman with two girdles. I swear by God that I am the woman with two girdles, one of which was used by me to tie up the food of God's messenger and of Abu Bakr out of reach of animals, and the other is the girdle with which no woman can dispense. God's messenger told us that Thaqif would have among them a great liar and one who would cause destruction, and I consider that the one who was to cause destruction is no other than you." He then got up and left her, and said no more to her. 1. The reference is to Abdallah's dead body where he was crucified on the outskirts of Mecca. 2. Mirqat, 5:515, explains this as meaning that a people who think such a good man to be the worst of them are indeed wicked. The version which follows gives a twist to the meaning, suggesting that a people among whom he is the worst must be very good. 3. Or, swaggering. Muslim transmitted it.

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

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

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

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

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

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

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

“Salman al-Farisi brought Allah’s Messenger (Allah bless him and give him peace), when he reached Medina, a table with ripe dates upon it, and he placed it in front of Allah’s Messenger (Allah bless him and give him peace), so he said: ‘O Salman, what is this?’ He replied: A charitable gift for you and for your Companions’ ‘Take it away,’ said the Prophet, ‘for we will not eat a charitable gift.’ He therefore took it away. Then he came the next day with the like of it, and placed it in front of Allah’s Messenger (Allah bless him and give him peace), who said: ‘What is this, O Salman?’ He replied: ‘A present for you,’ so Allah’s Messenger (Allah bless him and give him peace) said to his Companions: ‘Spread out!’ Then Salman looked at the Seal on the back of Allah’s Messenger (Allah bless him and give him peace), so he believed in him. He was a slave of the Jews, however, so Allah’s Messenger (Allah bless him and give him peace) purchased his freedom at such-and-such a price of silver coin, on condition that he [the Prophet] would plant date palms for them, and Salman would work on them until they bore edible fruit. Allah’s Messenger (Allah bless him and give him peace) then planted the date palms, apart from one date palm that 'Umar planted. The date palms then bore their annual crop, but one date palm did not bear fruit, so Allah’s Messenger said (Allah bless him and give him peace): ‘What is the matter with this date palm?’ 'Umar said: ‘O Messenger of Allah, I planted it!’ Allah’s Messenger (Allah bless him and give him peace) therefore uprooted it and replanted it, so it bore its annual crop."