(the Maula of Munba'ith) The Prophet was asked regarding the case of a lost sheep. He said, "You should take it, because it is for you, or for your brother, or for the wolf." Then he was asked about a lost camel. He got angry and his face became red and he said (to the questioner), "You have nothing to do with it; it has its feet and its water container with it; it can go on drinking water and eating trees till its owner meets it." And then the Prophet was asked about a Luqata (money found by somebody). He said, "Remember and recognize its tying material and its container, and make public announcement about it for one year. If somebody comes and identifies it (then give it to him), otherwise add it to your property."

A man from Bani Aslam came to Allah's Apostle while he was in the mosque and called (the Prophet ) saying, "O Allah's Apostle! I have committed illegal sexual intercourse." On that the Prophet turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed illegal sexual intercourse." The Prophet turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet had turned his face, and repeated his statement. The Prophet turned his face (from him) to the other side again. The man moved again (and repeated his statement) for the fourth time. So when the man had given witness four times against himself, the Prophet called him and said, "Are you insane?" He replied, "No." The Prophet then said (to his companions), "Go and stone him to death." The man was a married one. Jabir bin `Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla (`Id praying place) in Medina. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died.

AbuBakr ibn AbdurRahman reported on the authority of a Companion of the Prophet (saws): I saw the Prophet (saws) commanding the people while he was travelling on the occasion of the conquest of Mecca not to observe fast. He said: Be strong for your enemy. The Messenger of Allah (saws) fasted himself.

Narrated AbuBakr:

A man who narrated his tradition to me said: I have seen the Messenger of Allah (saws) in al-Arj pouring water over his head while he was fasting, either because of thirst or because of heat.

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet (p.b.u.h) and Talha had the Hadi (sacrifice) with them. `Ali arrived from Yemen and had a Hadi with him. `Ali said, "I have assumed Ihram for what the Prophet has done." The Prophet ordered his companions to perform the `Umra with the lhram which they had assumed, and after finishing Tawaf (of Ka`ba, Safa and Marwa) to cut short their hair, and to finish their lhram except those who had Hadi with them. They (the people) said, "How can we proceed to Mina (for Hajj) after having sexual relations with our wives?" When that news reached the Prophet he said, "If I had formerly known what I came to know lately, I would not have brought the Hadi with me. Had there been no Hadi with me, I would have finished the state of lhram." `Aisha got her menses, so she performed all the ceremonies of Hajj except Tawaf of the Ka`ba, and when she got clean (from her menses), she performed Tawaf of the Ka`ba. She said, "O Allah's Apostle! (All of you) are returning with the Hajj and `Umra, but I am returning after performing Hajj only." So the Prophet ordered `Abdur-Rahman bin Abu Bakr to accompany her to Tan`im and thus she performed the `Umra after the Hajj.

I heard Jabir bin `Abdullah in a gathering saying, "We, the companions of Allah's Apostle assumed the state of Ihram to perform only Hajj without `Umra." Jabir added, "The Prophet arrived (at Mecca) on the fourth of Dhul-Hijja. And when we arrived (in Mecca) the Prophet ordered us to finish the state of Ihram, saying, "Finish your lhram and go to your wives (for sexual relation)." Jabir added, "The Prophet did not oblige us (to go to our wives) but he only made that legal for us. Then he heard that we were saying, "When there remains only five days between us and the Day of `Arafat he orders us to finish our Ihram by sleeping with our wives in which case we will proceed to `Arafat with our male organs dribbling with semen?' (Jabir pointed out with his hand illustrating what he was saying). Allah's Apostle stood up and said, 'You (People) know that I am the most Allah-fearing, the most truthful and the best doer of good deeds (pious) from among you. If I had not brought the Hadi with me, I would have finished my Ihram as you will do, so finish your Ihram. If I had formerly known what I came to know lately, I would not have brought the Hadi with me.' So we finished our Ihram and listened to the Prophet and obeyed him." (See Hadith No. 713, Vol. 2)

That he heard `Umar's second speech he delivered when he sat on the pulpit on the day following the death of the Prophet `Umar recited the Tashahhud while Abu Bakr was silent. `Umar said, "I wish that Allah's Apostle had outlived all of us, i.e., had been the last (to die). But if Muhammad is dead, Allah nevertheless has kept the light amongst you from which you can receive the same guidance as Allah guided Muhammad with that. And Abu Bakr is the companion of Allah's Apostle He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him." Some people had already taken the oath of allegiance to him in the shed of Bani Sa`ida but the oath of allegiance taken by the public was taken at the pulpit. I heard `Umar saying to Abu Bakr on that day. "Please ascend the pulpit," and kept on urging him till he ascended the pulpit whereupon, all the people swore allegiance to him.

Ya`la used to say, "I wish I could see Allah's Apostle at the time when he is being inspired divinely." Ya`la added "While the Prophet was at Al-Ja'rana, shaded with a cloth sheet (in the form of a tent) and there were staying with him, some of his companions under it, suddenly there came to him a bedouin wearing a cloak and perfumed extravagantly. He said, "O Allah's Apostle ! What is your opinion regarding a man who assumes the state of Ihram for `Umra wearing a cloak after applying perfume to his body?" `Umar signalled with his hand to Ya`la to come (near). Ya`la came and put his head (underneath that cloth sheet) and saw the Prophet red-faced and when that state (of the Prophet ) was over, he said, "Where is he who as already asked me about the `Umra?" The man was looked for and brought to the Prophet The Prophet said (to him), "As for the perfume you have applied to your body, wash it off your body) thrice, and take off your cloak, and then do in your `Umra the rites you do in your Hajj."

When the Prophet came to Medina, he stayed first with his grandfathers or maternal uncles from Ansar. He offered his prayers facing Baitul-Maqdis (Jerusalem) for sixteen or seventeen months, but he wished that he could pray facing the Ka'ba (at Mecca). The first prayer which he offered facing the Ka'ba was the 'Asr prayer in the company of some people. Then one of those who had offered that prayer with him came out and passed by some people in a mosque who were bowing during their prayers (facing Jerusalem). He said addressing them, "By Allah, I testify that I have prayed with Allah's Apostle facing Mecca (Ka'ba).' Hearing that, those people changed their direction towards the Ka'ba immediately. Jews and the people of the scriptures used to be pleased to see the Prophet facing Jerusalem in prayers but when he changed his direction towards the Ka'ba, during the prayers, they disapproved of it.

Al-Bara' added, "Before we changed our direction towards the Ka'ba (Mecca) in prayers, some Muslims had died or had been killed and we did not know what to say about them (regarding their prayers.) Allah then revealed: And Allah would never make your faith (prayers) to be lost (i.e. the prayers of those Muslims were valid).' " (2:143).

Dawud ibn Salih ibn Dinar at-Tammar quoted his mother as saying that her mistress sent her with some pudding (harisah) to Aisha who was offering prayer. She made a sign to me to place it down. A cat came and ate some of it, but when Aisha finished her prayer, she ate from the place where the cat had eaten. She stated: The Messenger of Allah (saws) said: It is not unclean: it is one of those who go round among you. She added: I saw the Messenger of Allah (saws) performing ablution from the water left over by the cat.

Malik said, "A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must give his partners their shares so the slave is completely free."

Malik commented, "If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it."

This tradition from the Prophet (saws) without mentioning the name of the Companion in the chain (in the mursal form).

Abu dawud said: I heard Muhammad b. Humaid say: I heard Ya'qub say: Anything I narrated to you from Ja'far on the authority of Sa'id b. Jubair from the Prophet (saws) is directly coming from Ibn Abbas from the Prophet (saws).

Abu Burda and `Abdullah bin Shaddad sent me to `Abdur Rahman bin Abza and `Abdullah bin Abi `Aufa to ask them about the Salaf (Salam). They said, "We used to get war booty while we were with Allah's Apostle and when the peasants of Sham came to us we used to pay them in advance for wheat, barley, and oil to be delivered within a fixed period." I asked them, "Did the peasants own standing crops or not?" They replied, "We never asked them about it."

Fatima and Al-`Abbas came to Abu Bakr, claiming their inheritance of the Prophet's land of Fadak and his share from Khaibar. Abu Bakr said, "I heard the Prophet saying, 'Our property is not inherited, and whatever we leave is to be given in charity. But the family of Muhammad can take their sustenance from this property.' By Allah, I would love to do good to the Kith and kin of Allah's Apostle rather than to my own Kith and kin."

`Abdullah bin `Umar said, "Allah's Apostle entered the Ka`ba along with Usama bin Zaid, Bilal and `Uthman bin Talha Al-Hajabi and closed the door and stayed there for some time. I asked Bilal when he came out, 'What did the Prophet do?' He replied, 'He offered prayer with one pillar to his left and one to his right and three behind.' In those days the Ka`ba was supported by six pillars." Malik said: "There were two pillars on his (the Prophet's) right side."

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

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

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

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

The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185).

Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.

regarding Allah's Statement: "Verily! We have granted you (O, Muhammad) Manifest victory." (48.1) It refers to the Al-Hudaibiya Pledge. And the companions of the Prophet said (to the Prophet), "Congratulations and happiness for you; but what reward shall we get?" So Allah revealed:-- "That He may admit the believing men and women to gardens beneath which rivers flow." (48.5)

On his father's authority, said that his grandfather told that a A man came to the Prophet (saws) crying for help. He said: His slave-girl, Messenger of Allah! He said: Woe to you, what happened with you ? He said that it was an evil one. He saw the slave-girl of his master; he became jealous of him, and cut off his penis. The Messenger of Allah (saws) said: Bring the man to me. The man was called, but people could not get control over him. The Messenger of Allah (saws) then said: Go away, you are free. He asked: Messenger of Allah! upon whom does my help lie? He replied: On every believer, or he said: On every Muslim.

Abu Dawud said: The name of the man who was emancipated was Rawh b. Dinar

Abu Dawud said: The man who cut off the penis was Zinba'

Abu Dawud said: The Zinba' Abu Rawh was master of the slave.

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Muhammad ibn Sirin that Umm Atiyya al-Ansariyya said, "The Messenger of Allah, may Allah bless him and grant him peace, came to us when his daughter died and said, 'Wash her three times, or five, or more than that if you think it necessary, with water and lotus leaves, and at the end put on some camphor, or a little camphor, and when you have finished let me know.' When we finished we told him, and he gave us his waist-wrapper and said, 'Shroud her with this.' "

We were with the Prophet (on a journey) and the only shade one could have was the shade made by one's own garment. Those who fasted did not do any work and those who did not fast served the camels and brought the water on them and treated the sick and (wounded). So, the Prophet said, "Today, those who were not fasting took (all) the reward."

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."

The Prophet forbade the selling of fruits unless they get ripe, and none of them should be sold except for Dinar or Dirham (i.e. money), except the 'Araya trees (the dates of which could be sold for dates).

That he heard is father, narating a Hadith, which he heard from the Messenger of Allah (saws) in which he stood among them, mentioning to them that Jihad in the cause of Allah and faith in Allah were the most virtuous of deeds. Then a man stood and said: "O Messenger of Allah! If I were killed in the cause of Allah, would my sins forgiven ?" So the Messenger of Allah (saws) said: "Yes, If you are killed in Allah's cause, and you are patient, seeking the reward, advancing, not fleeing." Then the Messenger of Allah (saws) said: "What was it that you said?" So he replied: "If I were killed in the cause of Allah, would my sins be removed (forgiven)?" So the Messenger of Allah (saws) said: "Yes, If you are patient, seeking the reward, advancing, not fleeing - except debt. For Jibril said that to me."

[Abu 'Eisa said:] There are narrations on this topic from Anas, Muhammad bin Jahsh, And Abu Hurairah. This Hadith is Hasan Sahih.

Some of them reported this Hadith from Sa'eed Al-Maqburi, from Abu Hurairah, from the Prophet (saws) similar to this. Yahya bin Sa'eed Al-Ansari and more than one narrator reported this from Sa'eed Al-Maqburi from 'Abdullah bin Abi Qatadah, from his fahter, from the Prophet (saws). This is more correct than the narration of Sa'eed Al-Maqburi from Abu Hurairah.

The companions of `Abdullah (bin Mas`ud) came to Abu Darda', (and before they arrived at his home), he looked for them and found them. Then he asked them,: 'Who among you can recite (Qur'an) as `Abdullah recites it?" They replied, "All of us." He asked, "Who among you knows it by heart?" They pointed at 'Alqama. Then he asked Alqama. "How did you hear `Abdullah bin Mas`ud reciting Surat Al-Lail (The Night)?" Alqama recited: 'By the male and the female.' Abu Ad-Darda said, "I testify that I heard me Prophet reciting it likewise, but these people want me to recite it:-- 'And by Him Who created male and female.' but by Allah, I will not follow them."

That 'Abdullah said: "On the Day of Badr when the captives were gathered, the Messenger of Allah (saws) said: 'What do you (people) say about these captives?'" Then he mentioned the story in the lengthy Hadith.

[Abu 'Eisa said:] There are narrations of this topic from 'Umar, Abu Ayyub, Anas, and Abu Hurairah

This Hadith is Hasan, and Abu 'Ubaidah did not hear from his father. It has been reported that Abu Hurairah said: "None was more apt to seek council of his Companions than the Messenger of Allah (saws)

I said to Ibn `Abbas, "Nauf-Al-Bakali claims that Moses (the companion of Khadir) was not the Moses of Bani Israel but he was another Moses." Ibn `Abbas remarked that the enemy of Allah (Nauf) was a liar.

Narrated Ubai bin Ka`b:

The Prophet said, "Once the Prophet Moses stood up and addressed Bani Israel. He was asked, "Who is the most learned man amongst the people. He said, "I am the most learned." Allah admonished Moses as he did not attribute absolute knowledge to Him (Allah). So Allah inspired to him "At the junction of the two seas there is a slave amongst my slaves who is more learned than you." Moses said, "O my Lord! How can I meet him?" Allah said: Take a fish in a large basket (and proceed) and you will find him at the place where you will lose the fish. So Moses set out along with his (servant) boy, Yusha` bin Noon and carried a fish in a large basket till they reached a rock, where they laid their heads (i.e. lay down) and slept. The fish came out of the basket and it took its way into the sea as in a tunnel. So it was an amazing thing for both Moses and his (servant) boy. They proceeded for the rest of that night and the following day. When the day broke, Moses said to his (servant) boy: "Bring us our early meal. No doubt, we have suffered much fatigue in this journey." Moses did not get tired till he passed the place about which he was told. There the (servant) boy told Moses, "Do you remember when we betook ourselves to the rock, I indeed forgot the fish." Moses remarked, "That is what we have been seeking. So they went back retracing their footsteps, till they reached the rock. There they saw a man covered with a garment (or covering himself with his own garment). Moses greeted him. Al-Khadir replied saying, "How do people greet each other in your land?" Moses said, "I am Moses." He asked, "The Moses of Bani Israel?" Moses replied in the affirmative and added, "May I follow you so that you teach me of that knowledge which you have been taught." Al-Khadir replied, "Verily! You will not be able to remain patient with me, O Moses! I have some of the knowledge of Allah which He has taught me and which you do not know, while you have some knowledge which Allah has taught you which I do not know." Moses said, "Allah willing, you will find me patient and I will disobey no order of yours. So both of them set out walking along the seashore, as they did not have a boat. In the meantime a boat passed by them and they requested the crew of the boat to take them on board. The crew recognized Al-Khadir and took them on board without fare. Then a sparrow came and stood on the edge of the boat and dipped its beak once or twice in the sea. Al-Khadir said: "O Moses! My knowledge and your knowledge have not decreased Allah's knowledge except as much as this sparrow has decreased the water of the sea with its beak." Al- Khadir went to one of the planks of the boat and plucked it out. Moses said, "These people gave us a free lift but you have broken their boat and scuttled it so as to drown its people." Al-Khadir replied, "Didn't I tell you that you will not be able to remain patient with me." Moses said, "Call me not to account for what I forgot." The first (excuse) of Moses was that he had forgotten. Then they proceeded further and found a boy playing with other boys. Al-Khadir took hold of the boy's head from the top and plucked it out with his hands (i.e. killed him). Moses said, "Have you killed an innocent soul who has killed none." Al-Khadir replied, "Did I not tell you that you cannot remain patient with me?" Then they both proceeded till when they came to the people of a town, they asked them for food, but they refused to entertain them. Then they found there a wall on the point of collapsing. Al-Khadir repaired it with his own hands. Moses said, "If you had wished, surely you could have taken wages for it." Al-Khadir replied, "This is the parting between you and me." The Prophet added, "May Allah be Merciful to Moses! Would that he could have been more patient to learn more about his story with Al-Khadir. "

Umar and a group of the companions of the Prophet set out with the Prophet to Ibn Saiyad. He found him playing with some boys near the hillocks of Bani Maghala. Ibn Saiyad at that time was nearing his puberty. He did not notice (the Prophet's presence) till the Prophet stroked him on the back with his hand and said, "Ibn Saiyad! Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Apostle of the illiterates."

Then Ibn Saiyad asked the Prophet. "Do you testify that I am the apostle of Allah?" The Prophet said to him, "I believe in Allah and His Apostles." Then the Prophet said (to Ibn Saiyad). "What do you see?" Ibn Saiyad replied, "True people and false ones visit me." The Prophet said, "Your mind is confused as to this matter." The Prophet added, " I have kept something (in my mind) for you." Ibn Saiyad said, "It is Ad-Dukh." The Prophet said (to him), "Shame be on you! You cannot cross your limits." On that 'Umar said, "O Allah's Apostle! Allow me to chop his head off." The Prophet said, "If he should be him (i.e. Ad-Dajjal) then you cannot overpower him, and should he not be him, then you are not going to benefit by murdering him."

Allah's Apostle employed someone as a governor at Khaibar. When the man came to Medina, he brought with him dates called Janib. The Prophet asked him, "Are all the dates of Khaibar of this kind?" The man replied, "(No), we exchange two Sa's of bad dates for one Sa of this kind of dates (i.e. Janib), or exchange three Sa's for two." On that, the Prophet said, "Don't do so, as it is a kind of usury (Riba) but sell the dates of inferior quality for money, and then buy Janib with the money". The Prophet said the same thing about dates sold by weight. (See Hadith No. 506).

There was an Ansari man nicknamed, Abu Shu'aib, who had a slave who was a butcher. He came to the Prophet while he was sitting with his companions and noticed the signs of hunger on the face of the Prophet . So he went to his butcher slave and said, "Prepare for me a meal sufficient for five persons so that I may invite the Prophet along with four other men." He had the meal prepared for him and invited him. A (sixth) man followed them. The Prophet said, "O Abu Shu'aib! Another man has followed us. If you wish, you may invite him; and if you wish, you may refuse him." Abu Shu'aib said, "No, I will admit him."

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

Yahya related to me from Malik, from Yahya ibn Said, from Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked people about him and they said, "He has given directions for his sacrificial animal to be garlanded, and it is for that reason that he has put on ihram ."

Rabia said, "I then met Abdullah ibn az- Zubayr and so I mentioned this to him and he said, 'By the Lord of the Kaba, an innovation.' "

Malik was asked about some one who set out with his own sacrificial animal and marked it and garlanded it at Dhu'l-Hulayfa, but did not go into ihram until he had reached al- Juhfa,and hesaid, "I do not like that, and whoever does so has not acted properly. He should only garland his sacrificial animal, or mark it, when he goes into ihram, unless it is someone who does not intend to do hajj, in which case he sends it off and stays with his family."

Malik was asked if somone who was not in ihram could set out with a sacrificial animal, and he said, "Yes. There is no harm in that."

He was also asked to comment on the different views people had about what became haram for some one who garlanded a sacrificial animal but did not intend to do either hajj or umra, and he said, "What we go by as far as this is concerned is what A'isha, umm al-muminin said, 'The Messenger of Allah, may Allah bless him and grant him peace, sent his sacrificial animal off and did not go there himself, and there was nothing that Allah had made halal for him that was haram for him until the animal had been sacrificed.' "

I came to Al-`Asi bin Wail As-Sahmi and demanded something which he owed me. He said, "I will not give you (your money) till you disbelieve in Muhammad." I said, "No, I shall not disbelieve in Muhammad till you die and then be resurrected." He said, "Will I die and then be resurrected?" I said, 'Yes'. He said', "Then I will have wealth and children there, and I will pay you (there)." So this Verse was revealed:-- 'Have you then seen him who disbelieved in Our Signs and (yet) says: I shall certainly be given wealth and children? (19.77)

The Prophet was vigilant one night and when he reached Medina, he said, "Would that a pious man from my companions guard me tonight!" Suddenly we heard the clatter of arms. He said, "Who is that? " He (The new comer) replied, " I am Sa`d bin Abi Waqqas and have come to guard you." So, the Prophet slept (that night).