[Muslim].

The People of Kufa complained against Sa`d to `Umar and the latter dismissed him and appointed `Ammar as their chief . They lodged many complaints against Sa`d and even they alleged that he did not pray properly. `Umar sent for him and said, "O Aba 'Is-haq! These people claim that you do not pray properly." Abu 'Is-haq said, "By Allah, I used to pray with them a prayer similar to that of Allah's Apostle and I never reduced anything of it. I used to prolong the first two rak`at of `Isha prayer and shorten the last two rak`at." `Umar said, "O Aba 'Is-haq, this was what I thought about you." And then he sent one or more persons with him to Kufa so as to ask the people about him. So they went there and did not leave any mosque without asking about him. All the people praised him till they came to the mosque of the tribe of Bani `Abs; one of the men called Usama bin Qatada with a surname of Aba Sa`da stood up and said, "As you have put us under an oath; I am bound to tell you that Sa`d never went himself with the army and never distributed (the war booty) equally and never did justice in legal verdicts." (On hearing it) Sa`d said, "I pray to Allah for three things: O Allah! If this slave of yours is a liar and got up for showing off, give him a long life, increase his poverty and put him to trials." (And so it happened). Later on when that person was asked how he was, he used to reply that he was an old man in trial as the result of Sa`d's curse. `Abdul Malik, the sub narrator, said that he had seen him afterwards and his eyebrows were overhanging his eyes owing to old age and he used to tease and assault the small girls in the way.

The people complained to the Messenger of Allah (saws) of the lack of rain, so he gave an order for a pulpit. It was then set up for him in the place of prayer. He fixed a day for the people on which they should come out.

Aisha said: The Messenger of Allah (saws), when the rim of the sun appeared, sat down on the pulpit, and having pronounced the greatness of Allah and expressed His praise, he said: You have complained of drought in your homes, and of the delay in receiving rain at the beginning of its season. Allah has ordered you to supplicate Him has and promised that He will answer your prayer.

Then he said: Praise be to Allah, the Lord of the Universe, the Compassionate, the Merciful, the Master of the Day of Judgment. There is no god but Allah Who does what He wishes. O Allah, Thou art Allah, there is no deity but Thou, the Rich, while we are the poor. Send down the rain upon us and make what Thou sendest down a strength and satisfaction for a time.

He then raised his hands, and kept raising them till the whiteness under his armpits was visible. He then turned his back to the people and inverted or turned round his cloak while keeping his hands aloft. He then faced the people, descended and prayed two rak'ahs.

Allah then produced a cloud, and the storm of thunder and lightning came on. Then the rain fell by Allah's permission, and before he reached his mosque streams were flowing. When he saw the speed with which the people were seeking shelter, he (saws) laughed till his back teeth were visible.

Then he said: I testify that Allah is Omnipotent and that I am Allah's servant and apostle.

Abu Dawud said: This is a ghraib (rate) tradition, but its chain is sound. The people of Medina recite "maliki" (instead of maaliki) yawm al-din" (the master of the Day of Judgement). But this tradition (in which the word maalik occurs) is an evidence for them.

That he had asked `Aisha about the meaning of 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." (4.3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4.127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

Abu Dawud and others have said: When a she-camel enters fourth year, the female is called hiqqah, and the male is called hiqq, for it deserves that it should be loaded and ridden. When a camel enters its fifth year, the male is called Jadha' and the female is called Jadha'ah. When it enters its sixth year, and sheds its front teeth, it is called thani (male) and thaniyyah (female). When it enters its seventh year, it is called raba' and raba'iyyah. When it enters its ninth year and cuts its canine teeth, it is called bazil. When it enters its tenth year, it is called mukhlif. Then there is no name for it, but is called bazil'am and bazil'amain, and mukhlif'am and mukhlif'amain, upto any year it increases. Nad d. Shumail said: Bint makhad is a she-camel of one year, and bin labun is s she-camel of two years, hiqqah is a she-camel of three years, jadha'ah is a she-camel of four years, thani is a camel of five years, raba' is a camel of six years, sadis is a camel of seven years, and bazil is a camel of eight years.

Abu Dawud said: Abu Hatim and al-Asma'i said: Al-Jadhu'ah is a time when no tooth is growing. Abu Hatim said: Some of them said: When it sheds its teeth between front and canine teeth, it is called raba' and when it sheds its front teeth, it is called thani. Abu 'Ubaid said: When it becomes pregnant, it is called khalifah, and it remains khalifah for ten months; when it reaches ten months, it is called 'ushara', Abu Hatim said: When it shed its front teeth, it is called thani and when it sheds its teeth between front and canine teeth it is called raba'.

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`

Yazid ibn Nu'aym ibn Huzzal, on his father's authority said: Ma'iz ibn Malik was an orphan under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging to a clan. My father said to him: Go to the Messenger of Allah (saws) and inform him of what you have done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope that it might be a way of escape for him.

So he went to him and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (the Prophet) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (again) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah.

When he uttered it four times, the Messenger of Allah (saws) said: You have said it four times. With whom did you commit it?

He replied: With so and so. He asked: Did you lie down with her? He replied: Yes. He asked: Had your skin been in contact with hers? He replied. Yes. He asked: Did you have intercourse with her? He said: Yes. So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to the Harrah, and while he was being stoned he felt the effect of the stones and could not bear it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him could not catch up with him. He threw the bone of a camel's foreleg at him, which hit him and killed him. They then went to the Prophet (saws) and reported it to him.

He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah.

Malik related to me from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies).

When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "'

Abu Talha said to Um Sulaim, "I have heard the voice of Allah's Apostle which was feeble, and I think that he is hungry. Have you got something (to eat)?" She took out some loaves of barley bread, then took her face-covering sheet and wrapped the bread in part of it, and pushed it under my garment and turned the rest of it around my body and sent me to Allah's Apostle . I went with that, and found Allah's Apostle in the mosque with some people. I stood up near them, and Allah's Apostle asked me, "Have you been sent by Abu Talha?" I said, "Yes." He asked, "With some food (for us)?" I said, "Yes." Then Allah's Apostle said to all those who were with him, "Get up!" He set out (and all the people accompanied him) and I proceeded ahead of them till I came to Abu Talha. Abu Talha then said, "O Um Sulaim! Allah's Apostle has arrived along with the people, and we do not have food enough to feed them all." She said, "Allah and His Apostle know better." So Abu Talha went out till he met Allah's Apostle. Then Abu Talha and Allah's Apostle came and entered the house. Allah's Apostle said, "Um Sulaim ! Bring whatever you have." She brought that very bread. The Prophet ordered that it be crushed into small pieces, and Um Sulaim pressed a skin of butter on it. Then Allah's Apostle said whatever Allah wished him to say (to bless the food) and then added, "Admit ten (men)." So they were admitted, ate their fill and went out. The Prophet then said, "Admit ten (more)." They were admitted, ate their full, and went out. He then again said, "Admit ten more!" They were admitted, ate their fill, and went out. He admitted ten more, and so all those people ate their fill, and they were eighty men.

Abu Talha said to Um Sulaim, "I have noticed feebleness in the voice of Allah's Apostle which I think, is caused by hunger. Have you got any food?" She said, "Yes." She brought out some loaves of barley and took out a veil belonging to her, and wrapped the bread in part of it and put it under my arm and wrapped part of the veil round me and sent me to Allah's Apostle. I went carrying it and found Allah's Apostle in the Mosque sitting with some people. When I stood there, Allah's Apostle asked, "Has Abu Talha sent you?" I said, "Yes". He asked, "With some food? I said, "Yes" Allah's Apostle then said to the men around him, "Get up!" He set out (accompanied by them) and I went ahead of them till I reached Abu Talha and told him (of the Prophet's visit). Abu Talha said, "O Um Sulaim! Allah's Apostle is coming with the people and we have no food to feed them." She said, "Allah and His Apostle know better." So Abu Talha went out to receive Allah's Apostle. Allah's Apostle came along with Abu Talha. Allah's Apostle said, "O Um Sulaim! Bring whatever you have." She brought the bread which Allah's Apostle ordered to be broken into pieces. Um Sulaim poured on them some butter from an oilskin. Then Allah's Apostle recited what Allah wished him to recite, and then said, "Let ten persons come (to share the meal)." Ten persons were admitted, ate their fill and went out. Then he again said, "Let another ten do the same." They were admitted, ate their fill and went out. Then he again said, '"'Let another ten persons (do the same.)" They were admitted, ate their fill and went out. Then he said, "Let another ten persons come." In short, all of them ate their fill, and they were seventy or eighty men.

The Jew could not help shouting at the top of his voice, "O you 'Arabs! Here is your great man whom you have been waiting for!" So all the Muslims rushed to their arms and received Allah's Apostle on the summit of Harra. The Prophet turned with them to the right and alighted at the quarters of Bani 'Amr bin 'Auf, and this was on Monday in the month of Rabi-ul-Awal. Abu Bakr stood up, receiving the people while Allah's Apostle sat down and kept silent. Some of the Ansar who came and had not seen Allah's Apostle before, began greeting Abu Bakr, but when the sunshine fell on Allah's Apostle and Abu Bakr came forward and shaded him with his sheet only then the people came to know Allah's Apostle. Allah's Apostle stayed with Bani 'Amr bin 'Auf for ten nights and established the mosque (mosque of Quba) which was founded on piety. Allah's Apostle prayed in it and then mounted his she-camel and proceeded on, accompanied by the people till his she-camel knelt down at (the place of) the Mosque of Allah's Apostle at Medina. Some Muslims used to pray there in those days, and that place was a yard for drying dates belonging to Suhail and Sahl, the orphan boys who were under the guardianship of 'Asad bin Zurara. When his she-camel knelt down, Allah's Apostle said, "This place, Allah willing, will be our abiding place." Allah's Apostle then called the two boys and told them to suggest a price for that yard so that he might take it as a mosque. The two boys said, "No, but we will give it as a gift, O Allah's Apostle!" Allah's Apostle then built a mosque there. The Prophet himself started carrying unburnt bricks for its building and while doing so, he was saying "This load is better than the load of Khaibar, for it is more pious in the Sight of Allah and purer and better rewardable." He was also saying, "O Allah! The actual reward is the reward in the Hereafter, so bestow Your Mercy on the Ansar and the Emigrants." Thus the Prophet recited (by way of proverb) the poem of some Muslim poet whose name is unknown to me.

(Ibn Shibab said, "In the Hadiths it does not occur that Allah's Apostle

recited a complete poetic verse other than this one.")

My father got me married to a lady of a noble family, and often used to ask my wife about me, and she used to reply, "What a wonderful man he is! He never comes to my bed, nor has he approached me since he married me." When this state continued for a long period, my father told the story to the Prophet who said to my father, "Let me meet him." Then I met him and he asked me, "How do you fast?" I replied, "I fast daily," He asked, "How long does it take you to finish the recitation of the whole Qur'an?" I replied, "I finish it every night." On that he said, "Fast for three days every month and recite the Qur'an (and finish it) in one month." I said, "But I have power to do more than that." He said, "Then fast for three days per week." I said, "i have the power to do more than that." He said, "Therefore, fast the most superior type of fasting, (that is, the fasting of (prophet) David who used to fast every alternate day; and finish the recitation of the whole Qur'an In seven days." I wish I had accepted the permission of Allah's Apostle as I have become a weak old man. It is said that `Abdullah used to recite one-seventh of the Qur'an during the day-time to some of his family members, for he used to check his memorization of what he would recite at night during the daytime so that it would be easier for him to read at night. And whenever he wanted to gain some strength, he used to give up fasting for some days and count those days to fast for a similar period, for he disliked to leave those things which he used to do during the lifetime of the Prophet.

Yahya related to me from Malik, from Hisham ibn Urwa, that Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az- Zubayr, who was with him, would do likewise.

Yahya said that Malik said, "The people of Makka and whoever else is living there besides them should go into ihram for hajj if they are in Makka, and anyone that is living in the centre of Makka and is not one of the people of Makka should not leave the Haram."

Yahya said that Malik said, "Someone who goes into ihram for hajj in Makka should delay tawaf of the House and the sa'y between Safa and Marwa until he has come back from Mina, which is what Abdullah ibn Umar used to do."

Malik was asked what the people of Madina, or anybody else, should do about tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja, and he said, "They should delay the obligatory tawaf, which is the one they combine with the say between Safa and Marwa, but they can do whatever other tawaf they want to, and they should pray two rakas every time they complete seven tawafs, which is what the companions of the Messenger of Allah, may Allah bless him and grant him peace, did when they had gone into ihram to do hajj. They delayed the tawaf of the House and the sa'y between Safa and Marwa until they had come back from Mina. Abdullah ibn Umar also did this, going into ihram for hajj in Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between Safa and Marwa until he had come back from Mina."

Malik was asked whether one of the people of Makka could go into ihram to do umra in the centre of Makka, and he said, "No. He should go outside the Haram and go into ihram there."

We were at a place which was a thoroughfare for the people, and the caravans used to pass by us and we would ask them, "What is wrong with the people? What is wrong with the people? Who is that man?. They would say, "That man claims that Allah has sent him (as an Apostle), that he has been divinely inspired, that Allah has revealed to him such-and-such." I used to memorize that (Divine) Talk, and feel as if it was inculcated in my chest (i.e. mind) And the 'Arabs (other than Quraish) delayed their conversion to Islam till the Conquest (of Mecca). They used to say." "Leave him (i.e. Muhammad) and his people Quraish: if he overpowers them then he is a true Prophet. So, when Mecca was conquered, then every tribe rushed to embrace Islam, and my father hurried to embrace Islam before (the other members of) my tribe. When my father returned (from the Prophet) to his tribe, he said, "By Allah, I have come to you from the Prophet for sure!" The Prophet afterwards said to them, 'Offer such-and-such prayer at such-and-such time, and when the time for the prayer becomes due, then one of you should pronounce the Adhan (for the prayer), and let the one amongst you who knows Qur'an most should, lead the prayer." So they looked for such a person and found none who knew more Qur'an than I because of the Qur'anic material which I used to learn from the caravans. They therefore made me their Imam ((to lead the prayer) and at that time I was a boy of six or seven years, wearing a Burda (i.e. a black square garment) proved to be very short for me (and my body became partly naked). A lady from the tribe said, "Won't you cover the anus of your reciter for us?" So they bought (a piece of cloth) and made a shirt for me. I had never been so happy with anything before as I was with that shirt.

(regarding the Verse):-- "Those of you who die and leave wives behind. They - (their wives) -- shall wait (as regards their marriage ) for four months and ten days)." (2.234) The widow, according to this Verse, was to spend this period of waiting with her husband's family, so Allah revealed: "Those of you who die and leave wives (i.e. widows) should bequeath for their wives, a year's maintenance and residences without turning them out, but if they leave (their residence), there is no blame on you for what they do with themselves provided it is honorable.' (i.e. lawful marriage) (2.240). So Allah entitled the widow to be bequeathed extra maintenance for seven months and twenty nights, and that is the completion of one year. If she wished she could stay (in her husband's home) according to the will, and she could leave it if she wished, as Allah says: "..without turning them out, but if they leave (the residence), there is no blame on you." So the 'Idda (i.e. four months and ten days as it) is obligatory for her. 'Ata said: Ibn `Abbas said, "This Verse, i.e. the Statement of Allah: "..without turning them out.." cancelled the obligation of staying for the waiting period in her dead husband's house, and she can complete this period wherever she likes." 'Ata's aid: If she wished, she could complete her 'Idda by staying in her dead husband's residence according to the will or leave it according to Allah's Statement:-- "There is no blame on you for what they do with themselves." `Ata' added: Later the regulations of inheritance came and abrogated the order of the dwelling of the widow (in her dead husband's house), so she could complete the 'Idda wherever she likes. And it was no longer necessary to provide her with a residence. Ibn `Abbas said, "This Verse abrogated her (i.e. widow's) dwelling in her dead husband's house and she could complete the 'Idda (i.e. four months and ten days) wherever she liked, as Allah's Statement says:--"...without turning them out..."

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rak`at (prayer). They allowed him and he offered Two rak`at and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rak`at prayer (before being killed). Allah fulfilled the invocation of `Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that `Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) `Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over `Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

Allah's Apostle sent out ten spies under the command of `Asim bin Thabit Al-Ansari, the grand-father of `Asim bin `Umar Al-Khattab. When they reached (a place called) Al-Hadah between 'Usfan and Mecca, their presence was made known to a sub-tribe of Hudhail called Banu Lihyan. So they sent about one hundred archers after them. The archers traced the footsteps (of the Muslims) till they found the traces of dates which they had eaten at one of their camping places. The archers said, "These dates are of Yathrib (i.e. Medina)," and went on tracing the Muslims' footsteps. When `Asim and his companions became aware of them, they took refuge in a (high) place. But the enemy encircled them and said, "Come down and surrender. We give you a solemn promise and covenant that we will not kill anyone of you." `Asim bin Thabit said, "O people! As for myself, I will never get down to be under the protection of an infidel. O Allah! Inform your Prophet about us." So the archers threw their arrows at them and martyred `Asim. Three of them came down and surrendered to them, accepting their promise and covenant and they were Khubaib, Zaid bin Ad-Dathina and another man. When the archers got hold of them, they untied the strings of the arrow bows and tied their captives with them. The third man said, "This is the first proof of treachery! By Allah, I will not go with you for I follow the example of these." He meant the martyred companions. The archers dragged him and struggled with him (till they martyred him). Then Khubaib and Zaid bin Ad-Dathina were taken away by them and later on they sold them as slaves in Mecca after the event of the Badr battle. The sons of Al-Harit bin `Amr bin Naufal bought Khubaib for he was a person who had killed (their father) Al-Hari bin `Amr on the day (of the battle) of Badr. Khubaib remained imprisoned by them till they decided unanimously to kill him. One day Khubaib borrowed from a daughter of Al-Harith, a razor for shaving his pubic hair, and she lent it to him. By chance, while she was inattentive, a little son of hers went to him (i.e. Khubaib) and she saw that Khubaib had seated him on his thigh while the razor was in his hand. She was so much terrified that Khubaib noticed her fear and said, "Are you afraid that I will kill him? Never would I do such a thing." Later on (while narrating the story) she said, "By Allah, I had never seen a better captive than Khubaib. By Allah, one day I saw him eating from a bunch of grapes in his hand while he was fettered with iron chains and (at that time) there was no fruit in Mecca." She used to say," It was food Allah had provided Khubaib with." When they took him to Al-Hil out of Mecca sanctuary to martyr him, Khubaib requested them. "Allow me to offer a two-rak`at prayer." They allowed him and he prayed two rak`at and then said, "By Allah! Had I not been afraid that you would think I was worried, I would have prayed more." Then he (invoked evil upon them) saying, "O Allah! Count them and kill them one by one, and do not leave anyone of them"' Then he recited: "As I am martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, for this is for the Cause of Allah. If He wishes, He will bless the cut limbs of my body." Then Abu Sarva, 'Ubqa bin Al-Harith went up to him and killed him. It was Khubaib who set the tradition of praying for any Muslim to be martyred in captivity (before he is executed). The Prophet told his companions of what had happened (to those ten spies) on the same day they were martyred. Some Quraish people, being informed of `Asim bin Thabit's death, sent some messengers to bring a part of his body so that his death might be known for certain, for he had previously killed one of their leaders (in the battle of Badr). But Allah sent a swarm of wasps to protect the dead body of `Asim, and they shielded him from the messengers who could not cut anything from his body.

We were in our country when flags and banners were raised. I said: What is this?

The (the people) said: This is the banner of the Messenger of Allah (saws). So I came to him. He was (sitting) under a tree. A sheet of cloth was spread for him and he was sitting on it. His Companions were gathered around him. I sat with them.

The Messenger of Allah (saws) mentioned illness and said: When a believer is afflicted by illness and Allah cures him of it, it serves as an atonement for his previous sins and a warning to him for the future.

But when a hypocrite becomes ill and is then cured, he is like a camel which has been tethered and then let loose by its owners, but does not know why they tethered it and why they let it loose.

A man from among those around him asked: Messenger of Allah, what are illnesses? I swear by Allah, I never fell ill.

The Messenger of Allah (saws) said: Get up and leave us. You do not belong to our number. When we were with him, a man came to him. He had a sheet of cloth and something in his hand.

He turned his attention to him and said: Messenger of Allah, when I saw you, I turned towards you. I saw a group of trees and heard the sound of fledglings. I took them and put them in my garment. Their mother then came and began to hover round my head. I showed them to her, and she fell on them. I wrapped them with my garment. They are now with me.

He said: Put them away from you. So I put them away, but their mother stayed with them.

The Messenger of Allah (saws) said to his companions: Are you surprised at the affection of the mother for her young?

They said: Yes, Messenger of Allah. He said: I swear by Him Who has sent me with the Truth, Allah is more affectionate to His servants than a mother to her young ones. Take them back put them and where you took them from when their mother should have been with them. So he took them back.

[Muslim].

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 ."

Abu Bakr came to my father who was at home and purchased a saddle from him. He said to `Azib. "Tell your son to carry it with me." So I carried it with him and my father followed us so as to take the price (of the saddle). My father said, "O Abu Bakr! Tell me what happened to you on your night journey with Allah's Apostle (during Migration)." He said, "Yes, we travelled the whole night and also the next day till midday. when nobody could be seen on the way ( because of the severe heat) . Then there appeared a long rock having shade beneath it, and the sunshine had not come to it yet. So we dismounted there and I levelled a place and covered it with an animal hide or dry grass for the Prophet to sleep on (for a while). I then said, 'Sleep, O Allah's Apostle, and I will guard you.' So he slept and I went out to guard him. Suddenly I saw a shepherd coming with his sheep to that rock with the same intention we had when we came to it. I asked (him). 'To whom do you belong, O boy?' He replied, 'I belong to a man from Medina or Mecca.' I said, 'Do your sheep have milk?' He said, 'Yes.' I said, 'Will you milk for us?' He said, 'Yes.' He caught hold of a sheep and I asked him to clean its teat from dust, hairs and dirt. (The sub-narrator said that he saw Al-Bara' striking one of his hands with the other, demonstrating how the shepherd removed the dust.) The shepherd milked a little milk in a wooden container and I had a leather container which I carried for the Prophet to drink and perform the ablution from. I went to the Prophet, hating to wake him up, but when I reached there, the Prophet had already awakened; so I poured water over the middle part of the milk container, till the milk was cold. Then I said, 'Drink, O Allah's Apostle!' He drank till I was pleased. Then he asked, 'Has the time for our departure come?' I said, 'Yes.' So we departed after midday. Suraqa bin Malik followed us and I said, 'We have been discovered, O Allah's Apostle!' He said, Don't grieve for Allah is with us.' The Prophet invoked evil on him (i.e. Suraqa) and so the legs of his horse sank into the earth up to its belly. (The subnarrator, Zuhair is not sure whether Abu Bakr said, "(It sank) into solid earth.") Suraqa said, 'I see that you have invoked evil on me. Please invoke good on me, and by Allah, I will cause those who are seeking after you to return.' The Prophet invoked good on him and he was saved. Then, whenever he met somebody on the way, he would say, 'I have looked for him here in vain.' So he caused whomever he met to return. Thus Suraqa fulfilled his promise."

When Abraham had differences with his wife), (because of her jealousy of Hajar, Ishmael's mother), he took Ishmael and his mother and went away. They had a water-skin with them containing some water, Ishmael's mother used to drink water from the water-skin so that her milk would increase for her child. When Abraham reached Mecca, he made her sit under a tree and afterwards returned home. Ishmael's mother followed him, and when they reached Kada', she called him from behind, 'O Abraham! To whom are you leaving us?' He replied, '(I am leaving you) to Allah's (Care).' She said, 'I am satisfied to be with Allah.' She returned to her place and started drinking water from the water-skin, and her milk increased for her child. When the water had all been used up, she said to herself, 'I'd better go and look so that I may see somebody.' She ascended the Safa mountain and looked, hoping to see somebody, but in vain. When she came down to the valley, she ran till she reached the Marwa mountain. She ran to and fro (between the two mountains) many times. They she said to herself, 'i'd better go and see the state of the child,' she went and found it in a state of one on the point of dying. She could not endure to watch it dying and said (to herself), 'If I go and look, I may find somebody.' She went and ascended the Safa mountain and looked for a long while but could not find anybody. Thus she completed seven rounds (of running) between Safa and Marwa. Again she said (to herself), 'I'd better go back and see the state of the child.' But suddenly she heard a voice, and she said to that strange voice, 'Help us if you can offer any help.' Lo! It was Gabriel (who had made the voice). Gabriel hit the earth with his heel like this (Ibn `Abbas hit the earth with his heel to Illustrate it), and so the water gushed out. Ishmael's mother was astonished and started digging. (Abu Al-Qasim) (i.e. the Prophet) said, "If she had left the water, (flow naturally without her intervention), it would have been flowing on the surface of the earth.") Ishmael's mother started drinking from the water and her milk increased for her child . Afterwards some people of the tribe of Jurhum, while passing through the bottom of the valley, saw some birds, and that astonished them, and they said, 'Birds can only be found at a place where there is water.' They sent a messenger who searched the place and found the water, and returned to inform them about it. Then they all went to her and said, 'O ishmael's mother! Will you allow us to be with you (or dwell with you)?' (And thus they stayed there.) Later on her boy reached the age of puberty and married a lady from them. Then an idea occurred to Abraham which he disclosed to his wife (Sarah), 'I want to call on my dependents I left (at Mecca).' When he went there, he greeted (Ishmael's wife) and said, 'Where is Ishmael?' She replied, 'He has gone out hunting.' Abraham said (to her), 'When he comes, tell him to change the threshold of his gate.' When he came, she told him the same whereupon Ishmael said to her, 'You are the threshold, so go to your family (i.e. you are divorced).' Again Abraham thought of visiting his dependents whom he had left (at Mecca), and he told his wife (Sarah) of his intentions. Abraham came to Ishmael's house and asked. "Where is Ishmael?" Ishmael's wife replied, "He has gone out hunting," and added, "Will you stay (for some time) and have something to eat and drink?' Abraham asked, 'What is your food and what is your drink?' She replied, 'Our food is meat and our drink is water.' He said, 'O Allah! Bless their meals and their drink." Abu Al-Qa-sim (i.e. Prophet) said, "Because of Abraham's invocation there are blessings (in Mecca)." Once more Abraham thought of visiting his family he had left (at Mecca), so he told his wife (Sarah) of his decision. He went and found Ishmael behind the Zamzam well, mending his arrows. He said, "O Ishmael, Your Lord has ordered me to build a house for Him." Ishmael said, "Obey (the order of) your Lord." Abraham said, "Allah has also ordered me that you should help me therein." Ishmael said, "Then I will do." So, both of them rose and Abraham started building (the Ka`ba) while Ishmael went on handing him the stones, and both of them were saying, "O our Lord ! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing." (2.127). When the building became high and the old man (i.e. Abraham) could no longer lift the stones (to such a high position), he stood over the stone of Al- Maqam and Ishmael carried on handing him the stones, and both of them were saying, 'O our Lord! Accept (this service) from us, Verily You are All-Hearing, All-Knowing." (2.127)

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"

Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."

Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."

It was narrated from al Miswar bin Makhramah and `Abdur-Rahman bin Abdul-Qari that they heard Umar bin al Khattab say: I passed by Hisham bin Hakeem bin Hizam when he was reciting Sooratal-Furqan during the lifetime of the Messenger of Allah (ﷺ). I listened to his recitation and he was reciting in a way different from the way in which the Messenger of Allah (ﷺ) had taught me to recite it. I was about to interrupt him whilst he was praying, but I waited until he said the tasleem, and when he had said the tasleem,... and he narrated a similar report.

While a man was delivering a speech in the tribe of Kinda, he said, "Smoke will prevail on the Day of Resurrection and will deprive the hypocrites their faculties of hearing and seeing. The believers will be afflicted with something like cold only thereof." That news scared us, so I went to (Abdullah) Ibn Mas`ud while he was reclining (and told him the story) whereupon he became angry, sat up and said, "He who knows a thing can say, it, but if he does not know, he should say, 'Allah knows best,' for it is an aspect of knowledge to say, 'I do not know,' if you do not know a certain thing. Allah said to His prophet. 'Say (O Muhammad): No wage do I ask of you for this (Qur'an), nor I am one of the pretenders (a person who pretends things which do not exist.)' (38.86) The Qur'aish delayed in embracing Islam for a period, so the Prophet invoked evil on them, saying, 'O Allah! Help me against them by sending seven years of (famine) like those of Joseph.' So they were afflicted with such a severe year of famine that they were destroyed therein and ate dead animals and bones. They started seeing something like smoke between the sky and the earth (because of severe hunger). Abu Sufyan then came (to the Prophet) and said, "O Muhammad! You came to order us for to keep good relations with Kith and kin, and your kinsmen have now perished, so please invoke Allah (to relieve them).' Then Ibn Mas`ud recited:-- 'Then watch you for the day that the sky will bring forth a kind of smoke plainly visible....but truly you will return! (to disbelief) (44.10-15) Ibn Mas`ud added, Then the punishment was stopped, but truly, they reverted to heathenism (their old way). So Allah (threatened them thus): 'On the day when we shall seize you with a mighty grasp.' (44.16) And that was the day of the Battle of Badr. Allah's saying- "Lizama" (the punishment) refers to the day of Badr Allah's Statement: Alif-Lam-Mim, the Romans have been defeated, and they, after their defeat, will be victorious,' (30.1- 3) (This verse): Indicates that the defeat of Byzantine has already passed.

Hamnah said my menstruation was great in quantity and severe. So I came to the Messenger of Allah (saws) for a decision and told him. I found him in the house of my sister, Zaynab, daughter of Jahsh.

I said: Messenger of Allah, I am a woman who menstruates in great quantity and it is severe, so what do you think about it? It has prevented me from praying and fasting.

He said: I suggest that you should use cotton, for it absorbs the blood. She replied: It is too copious for that. He said: Then take a cloth. She replied: It is too copious for that, for my blood keeps flowing. The Messenger of Allah (saws) said: I shall give you two commands; whichever of them you follow, that will be sufficient for you without the other, but you know best whether you are strong enough to follow both of them.

He added: This is a stroke of the Devil, so observe your menses for six or seven days, Allah alone knows which it should be; then wash. And when you see that you are purified and quite clean, pray during twenty-three or twenty-four days and nights and fast, for that will be enough for you, and do so every month, just as women menstruate and are purified at the time of their menstruation and their purification.

But if you are strong enough to delay the noon (Zuhr) prayer and advance the afternoon ('Asr) prayer, to wash, and then combine the noon and the afternoon prayer; to delay the sunset prayer and advance the night prayer, to wash, and then combine the two prayers, do so: and to wash at dawn, do so: and fast if you are able to do so if possible.

The Messenger of Allah (saws) said: Of the two commands this is more to my liking.¹

Abu Dawud said: 'Amr b. Thabit narrated from Ibn 'Aqil: Hamnah said: Of the two commands this is the one which is more to my liking.² In this version these words were not quoted as the statement of the Prophet (saws); it gives it as a statement of Hamnah.

Abu Dawud said: 'Amr b. Thabit was a Rafidi. This has been said by Yahya b. Ma'in.

Abu Dawud said: I heard Ahmad (b. Hanbal) say: I am doubtful about the tradition transmitted by Ibn 'Aqil.

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

The companions of Suffa were poor people. The Prophet once said, "Whoever has food enough for two persons, should take a third one (from among them), and whoever has food enough for four persons, should take a fifth or a sixth (or said something similar)." Abu Bakr brought three persons while the Prophet took ten. And Abu Bakr with his three family member (who were I, my father and my mother) (the sub-narrator is in doubt whether `Abdur-Rahman said, "My wife and my servant who was common for both my house and Abu Bakr's house.") Abu Bakr took his supper with the Prophet and stayed there till he offered the `Isha' prayers. He returned and stayed till Allah's Apostle took his supper. After a part of the night had passed, he returned to his house. His wife said to him, "What has detained you from your guests?" He said, "Have you served supper to them?" She said, "They refused to take supper until you come. They (i.e. some members of the household) presented the meal to them but they refused (to eat)" I went to hide myself and he said, "O Ghunthar!" He invoked Allah to cause my ears to be cut and he rebuked me. He then said (to them): Please eat!" and added, I will never eat the meal." By Allah, whenever we took a handful of the meal, the meal grew from underneath more than that handful till everybody ate to his satisfaction; yet the remaining food was more than the original meal. Abu Bakr saw that the food was as much or more than the original amount. He called his wife, "O sister of Bani Firas!" She said, "O pleasure of my eyes. The food has been tripled in quantity." Abu Bakr then started eating thereof and said, "It (i.e. my oath not to eat) was because of Sa all." He took a handful from it, and carried the rest to the Prophet. So that food was with the Prophet . There was a treaty between us and some people, and when the period of that treaty had elapsed, he divided US into twelve groups, each being headed by a man. Allah knows how many men were under the command of each leader. Anyhow, the Prophet surely sent a leader with each group. Then all of them ate of that meal.

Yahya said that he heard Malik say, "Someone who eats or drinks out of neglect or forgetfulness during a voluntary fast does not have to repeat his fast, but he should continue fasting for the rest of the day in which he eats or drinks while voluntarily fasting, and not stop fasting. Someone to whom something unexpected happens which causes him to break his fast while he is fasting voluntarily does not have to repeat his fast if he has broken it for a reason, and not simply because he decided to break his fast. Just as I do not think that someone has to repeat a voluntary prayer if he has had to stop it because of some discharge which he could prevent and which meant that he had to repeat his wudu."

Malik said, "Once a man has begun doing any of the right actions (al-amal as-saliha) such as the prayer, the fast and the hajj, or similar right actions of a voluntary nature, he should not stop until he has completed it according to what the sunna for that action is. If he says the takbir he should not stop until he has prayed two rakas. If he is fasting he should not break his fast until he has completed that day's fast. If he goes into ihram he should not return until he has completed his hajj, and if he begins doing tawaf he should not stop doing so until he has gone around the Kaba seven times. He should not stop doing any of these actions once he has started them until he has completed them, except if something happens such as illness or some other matter by which a man is excused. This is because Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, (and) then complete the fast until night-time,' (Sura 2 ayat 187), and so he must complete his fast as Allah has said. Allah, the Exalted, (also) says, 'And complete the hajj and the umra for Allah,' and so if a man were to go into ihram for a voluntary hajj having done his one obligatory hajj (on a previous occasion), he could not then stop doing his hajj having once begun it and leave ihram while in the middle of his hajj. Anyone that begins a voluntary act must complete it once he has begun doing it, just as an obligatory act must be completed . This is the best of what I have heard."

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, Vol. 3 for details)

`Abdur Rahman bin Abi Bakr said, "The Suffa Companions were poor people and the Prophet said, 'Whoever has food for two persons should take a third one from them (Suffa companions). And whosoever has food for four persons he should take one or two from them' Abu Bakr took three men and the Prophet took ten of them." `Abdur Rahman added, my father my mother and I were there (in the house). (The sub-narrator is in doubt whether `Abdur Rahman also said, 'My wife and our servant who was common for both my house and Abu Bakr's house). Abu Bakr took his supper with the Prophet and remained there till the `Isha' prayer was offered. Abu Bakr went back and stayed with the Prophet till the Prophet took his meal and then Abu Bakr returned to his house after a long portion of the night had passed. Abu Bakr's wife said, 'What detained you from your guests (or guest)?' He said, 'Have you not served them yet?' She said, 'They refused to eat until you come. The food was served for them but they refused." `Abdur Rahman added, "I went away and hid myself (being afraid of Abu Bakr) and in the meantime he (Abu Bakr) called me, 'O Ghunthar (a harsh word)!' and also called me bad names and abused me and then said (to his family), 'Eat. No welcome for you.' Then (the supper was served). Abu Bakr took an oath that he would not eat that food. The narrator added: By Allah, whenever any one of us (myself and the guests of Suffa companions) took anything from the food, it increased from underneath. We all ate to our fill and the food was more than it was before its serving. Abu Bakr looked at it (the food) and found it as it was before serving or even more than that. He addressed his wife (saying) 'O the sister of Bani Firas! What is this?' She said, 'O the pleasure of my eyes! The food is now three times more than it was before.' Abu Bakr ate from it, and said, 'That (oath) was from Satan' meaning his oath (not to eat). Then he again took a morsel (mouthful) from it and then took the rest of it to the Prophet. So that meal was with the Prophet. There was a treaty between us and some people, and when the period of that treaty had elapsed the Prophet divided us into twelve (groups) (the Prophet's companions) each being headed by a man. Allah knows how many men were under the command of each (leader). So all of them (12 groups of men) ate of that meal."

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

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

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

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

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

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

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

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