While I was walking with the Prophet in the Harra of Medina, Uhud came in sight. The Prophet said, "O Abu Dhar!" I said, "Labbaik, O Allah's Apostle!" He said, "I would not like to have gold equal to this mountain of Uhud, unless nothing of it, not even a single Dinar of it remains with me for more than three days, except something which I will keep for repaying debts. I would have spent all of it (distributed it) amongst Allah's Slaves like this, and like this, and like this." The Prophet pointed out with his hand towards his right, his left and his back (while illustrating it). He proceeded with his walk and said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except those who spend their wealth like this, and like this, and like this, to their right, left and back, but such people are few in number." Then he said to me, "Stay at your place and do not leave it till I come back." Then he proceeded in the darkness of the night till he went out of sight, and then I heard a loud voice, and was afraid that something might have happened to the Prophet .1 intended to go to him, but I remembered what he had said to me, i.e. 'Don't leave your place till I come back to you,' so I remained at my place till he came back to me. I said, "O Allah's Apostle! I heard a voice and I was afraid." So I mentioned the whole story to him. He said, "Did you hear it?" I replied, "Yes." He said, "It was Gabriel who came to me and said, 'Whoever died without joining others in worship with Allah, will enter Paradise.' I asked (Gabriel), 'Even if he had committed theft or committed illegal sexual intercourse? Gabriel said, 'Yes, even if he had committed theft or committed illegal sexual intercourse."

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

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

Yahya related to me from Malik from Abu Hazim Salama ibn Dinar from Sahl ibn Said as-Saidi that the Messenger of Allah, may Allah bless him and grant him peace, went to the tribe of Bani Amr ibn Awf to settle their disputes .The time for the prayer came and the muadhdhin came to Abu Bakr as-Siddiq and said, "Could you lead the people in prayer and I will say the iqama?" He said, "Yes," and Abu Bakr prayed. The Messenger of Allah, may Allah bless him and grant him peace, came back while the people were praying, and approached and joined the row. People clapped, but Abu Bakr did not turn round. The people increased their clapping, and Abu Bakr turned round and saw the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, indicated to him to stay in his place. Abu Bakr raised his hands and praised Allah that the Messenger of Allah, may Allah bless him and grant him peace, had told him to do that. Then he drew back until he was in the row, and the Messenger of Allah, may Allah bless him and grant him peace, stepped forward and led the prayer. When he had finished he said, "Abu Bakr, what stopped you from staying put like I told you?" Abu Bakr said, "It is not for Ibn Abi Quhafa to pray in front of the Messenger of Allah, may Allah bless him and grant him peace."

The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did I see you all clapping so much? If something happens to you in the prayer you should say 'Subhana-llah' (Glory be to Allah), and when you say 'Subhana-llah' you will be heard. Clapping is only for women."

Allah's Apostle went to establish peace among Bani `Amr bin `Auf. In the meantime the time of prayer was due and the Mu'adh-dhin went to Abu Bakr and said, "Will you lead the prayer, so that I may pronounce the Iqama?" Abu Bakr replied in the affirmative and led the prayer. Allah's Apostle came while the people were still praying and he entered the rows of the praying people till he stood in the (first row). The people clapped their hands. Abu Bakr never glanced sideways in his prayer but when the people continued clapping, Abu Bakr looked and saw Allah's Apostle. Allah's Apostle beckoned him to stay at his place. Abu Bakr raised his hands and thanked Allah for that order of Allah's Apostle and then he retreated till he reached the first row. Allah's Apostle went forward and led the prayer. When Allah's Apostle finished the prayer, he said, "O Abu Bakr! What prevented you from staying when I ordered you to do so?" Abu Bakr replied, "How can Ibn Abi Quhafa (Abu Bakr) dare to lead the prayer in the presence of Allah's Apostle?" Then Allah's Apostle said, "Why did you clap so much? If something happens to anyone during his prayer he should say Subhan Allah. If he says so he will be attended to, for clapping is for women."

Abu Dawud said: This is operative in the obligatory prayer.

While I was walking with the Prophet at the Hurra of Medina in the evening, the mountain of Uhud appeared before us. The Prophet said, "O Abu Dhar! I would not like to have gold equal to Uhud (mountain) for me, unless nothing of it, not even a single Dinar remains of it with me, for more than one day or three days, except that single Dinar which I will keep for repaying debts. I will spend all of it (the whole amount) among Allah's slaves like this and like this and like this." The Prophet pointed out with his hand to illustrate it and then said, "O Abu Dhar!" I replied, "Labbaik wa Sa`daik, O Allah's Apostle!" He said, "Those who have much wealth (in this world) will be the least rewarded (in the Hereafter) except those who do like this and like this (i.e., spend their money in charity)." Then he ordered me, "Remain at your place and do not leave it, O Abu Dhar, till I come back." He went away till he disappeared from me. Then I heard a voice and feared that something might have happened to Allah's Apostle, and I intended to go (to find out) but I remembered the statement of Allah's Apostle that I should not leave, my place, so I kept on waiting (and after a while the Prophet came), and I said to him, "O Allah's Apostle, I heard a voice and I was afraid that something might have happened to you, but then I remembered your statement and stayed (there). The Prophet said, "That was Gabriel who came to me and informed me that whoever among my followers died without joining others in worship with Allah, would enter Paradise." I said, "O Allah's Apostle! Even if he had committed illegal sexual intercourse and theft?" He said, "Even if he had committed illegal sexual intercourse and theft."

We said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you have any difficulty in seeing the sun and the moon when the sky is clear?" We said, "No." He said, "So you will have no difficulty in seeing your Lord on that Day as you have no difficulty in seeing the sun and the moon (in a clear sky)." The Prophet then said, "Somebody will then announce, 'Let every nation follow what they used to worship.' So the companions of the cross will go with their cross, and the idolators (will go) with their idols, and the companions of every god (false deities) (will go) with their god, till there remain those who used to worship Allah, both the obedient ones and the mischievous ones, and some of the people of the Scripture. Then Hell will be presented to them as if it were a mirage. Then it will be said to the Jews, "What did you use to worship?' They will reply, 'We used to worship Ezra, the son of Allah.' It will be said to them, 'You are liars, for Allah has neither a wife nor a son. What do you want (now)?' They will reply, 'We want You to provide us with water.' Then it will be said to them 'Drink,' and they will fall down in Hell (instead). Then it will be said to the Christians, 'What did you use to worship?'

They will reply, 'We used to worship Messiah, the son of Allah.' It will be said, 'You are liars, for Allah has neither a wife nor a son. What: do you want (now)?' They will say, 'We want You to provide us with water.' It will be said to them, 'Drink,' and they will fall down in Hell (instead). When there remain only those who used to worship Allah (Alone), both the obedient ones and the mischievous ones, it will be said to them, 'What keeps you here when all the people have gone?' They will say, 'We parted with them (in the world) when we were in greater need of them than we are today, we heard the call of one proclaiming, 'Let every nation follow what they used to worship,' and now we are waiting for our Lord.' Then the Almighty will come to them in a shape other than the one which they saw the first time, and He will say, 'I am your Lord,' and they will say, 'You are not our Lord.' And none will speak: to Him then but the Prophets, and then it will be said to them, 'Do you know ...

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

I heard `Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta a to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property . So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle, said, "Hatib has told you the truth." `Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”

Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”

Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”

Allah's Apostle sent me, Az-Zubair and Al-Miqdad saying, "Proceed till you reach Rawdat Khakh where there is a lady carrying a letter, and take that (letter) from her." So we proceeded on our way with our horses galloping till we reached the Rawda, and there we found the lady and said to her, "Take out the letter." She said, "I have no letter." We said, "Take out the letter, or else we will take off your clothes." So she took it out of her braid, and we brought the letter to Allah's Apostle . The letter was addressed from Hatib, bin Abi Balta'a to some pagans of Mecca, telling them about what Allah's Apostle intended to do. Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Do not make a hasty decision about me. I was a person not belonging to Quraish but I was an ally to them from outside and had no blood relation with them, and all the Emigrants who were with you, have got their kinsmen (in Mecca) who can protect their families and properties. So I liked to do them a favor so that they might protect my relatives as I have no blood relation with them. I did not do this to renegade from my religion (i.e. Islam) nor did I do it to choose Heathenism after Islam." Allah's Apostle said to his companions." As regards him, he (i.e. Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop off the head of this hypocrite!" The Prophet said, "He (i.e. Hatib) has witnessed the Badr battle (i.e. fought in it) and what could tell you, perhaps Allah looked at those who witnessed Badr and said, "O the people of Badr (i.e. Badr Muslim warriors), do what you like, for I have forgiven you. "Then Allah revealed the Sura:-- "O you who believe! Take not my enemies And your enemies as friends offering them (Your) love even though they have disbelieved in that Truth (i.e. Allah, Prophet Muhammad and this Qur'an) which has come to you ....(to the end of Verse)....(And whosoever of you (Muslims) does that, then indeed he has gone (far) astray (away) from the Straight Path." (60.1

Allah's Apostle sent me along with AzZubair and Al-Miqdad and said, "Proceed till you reach a place called Raudat-Khakh where there is a lady travelling in a howda on a camel. She has a letter. Take the letter from her." So we set out, and our horses ran at full pace till we reached Raudat Khakh, and behold, we saw the lady and said (to her), "Take out the letter!" She said, "I have no letter with me." We said, "Either you take out the letter or we will strip you of your clothes." So she took the letter out of her hair braid. We brought the letter to the Prophet and behold, it was addressed by Hatib bin Abi Balta'a to some pagans at Mecca, informing them of some of the affairs of the Prophet. The Prophet said, "What is this, O Hatib?" Hatib replied, "Do not be hasty with me, O Allah's Apostle! I am an Ansari man and do not belong to them (Quraish infidels) while the emigrants who were with you had their relatives who used to protect their families and properties at Mecca. So, to compensate for not having blood relation with them.' I intended to do them some favor so that they might protect my relatives (at Mecca), and I did not do this out of disbelief or an inclination to desert my religion." The Prophet then said (to his companions), "He (Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop his head off?" The Apostle said, "He is one of those who witnessed (fought in) the Battle of Badr, and what do you know, perhaps Allah looked upon the people of Badr (Badr warriors) and said, 'Do what you want as I have forgiven you.' " (`Amr, a sub-narrator, said,: This Verse was revealed about him (Hatib): 'O you who believe! Take not My enemies and your enemies as friends or protectors.' (60.1) Narrated `Ali: Sufyan was asked whether (the Verse): 'Take not My enemies and your enemies...' was revealed in connection with Hatib. Sufyan replied, "This occurs only in the narration of the people. I memorized the Hadith from `Amr, not overlooking even a single letter thereof, and I do not know of anybody who remembered it by heart other than myself."

The Prophet said, "While three men were walking, It started raining and they took shelter (refuge) in a cave in a mountain. A big rock rolled down from the mountain and closed the mouth of the cave. They said to each other, "Think of good deeds which you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that He may remove this rock from you." One of them said, 'O Allah! I had old parents and small children and I used to graze the sheep for them. On my return to them in the evening, I used to milk (the sheep) and start providing my parents first of all before my children. One day I was delayed and came late at night and found my parents sleeping. I milked (the sheep) as usual and stood by their heads. I hated to wake them up and disliked to give milk to my children before them, although my children were weeping (because of hunger) at my feet till the day dawned. O Allah! If I did this for Your sake only, kindly remove the rock so that we could see the sky through it.' So, Allah removed the rock a little and they saw the sky. The second man said, 'O Allah! I was in love with a cousin of mine like the deepest love a man may have for a woman. I wanted to outrage her chastity but she refused unless I gave her one hundred Dinars. So, I struggled to collect that amount. And when I sat between her legs, she said, 'O Allah's slave! Be afraid of Allah and do not deflower me except rightfully (by marriage).' So, I got up. O Allah! If I did it for Your sake only, please remove the rock.' The rock shifted a little more. Then the third man said, 'O Allah! I employed a laborer for a Faraq of rice and when he finished his job and demanded his right, I presented it to him, but he refused to take it. So, I sowed the rice many time till I gathered cows and their shepherd (from the yield). (Then after some time) He came and said to me, 'Fear Allah (and give me my right)." I said, 'Go and take those cows and the shepherd.' He said, 'Be afraid of Allah! Don't mock at me.' I said, 'I am not mocking at you. Take (all that).' So, he took all that. O Allah! If I did that for Your sake only, please remove the rest of the rock.' So, Allah removed the rock."

While I was riding a (slow) and tired camel, the Prophet passed by and beat it and prayed for Allah's Blessings for it. The camel became so fast as it had never been before. The Prophet then said, "Sell it to me for one Uqiyya (of gold)." I said, "No." He again said, "Sell it to me for one Uqiyya (of gold)." I sold it and stipulated that I should ride it to my house. When we reached (Medina) I took that camel to the Prophet and he gave me its price. I returned home but he sent for me (and when I went to him) he said, "I will not take your camel. Take your camel as a gift for you." (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina).

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in ...