When Allah's Apostle arrived at Medina, he alighted at the upper part of Medina among the people called Bani `Amr bin `Auf and he stayed with them for fourteen nights. Then he sent for the chiefs of Bani An-Najjar, and they came, carrying their swords. As if I am just now looking at Allah's Apostle on his she-camel with Abu Bakr riding behind him (on the same camel) and the chiefs of Bani An- Najjar around him till he dismounted in the courtyard of Abu Aiyub's home. The Prophet used to offer the prayer wherever the prayer was due, and he would pray even in sheepfolds. Then he ordered that the mosque be built. He sent for the chiefs of Banu An-Najjar, and when they came, he said, "O Banu An-Najjar! Suggest to me the price of this garden of yours." They replied "No! By Allah, we do not demand its price except from Allah." In that garden there were the (following) things that I will tell you: Graves of pagans, unleveled land with holes and pits etc., and date-palm trees. Allah's Apostle ordered that the graves of the pagans be dug up and, the unleveled land be leveled and the date-palm trees be cut down. The trunks of the trees were arranged so as to form the wall facing the Qibla. The Stone pillars were built at the sides of its gate. The companions of the Prophet were carrying the stones and reciting some lyrics, and Allah's Apostle . . was with them and they were saying, "O Allah! There is no good Excel the good of the Hereafter, so bestow victory on the Ansar and the Emigrants. "

Abu Dawud said: This tradition has been narrated by Ibn al-Mubarak from Fulaih who heard ‘Abbas . Sahl narrating it; but I do not remember it. I think he made the mention of ‘Isa b. ‘Abd Allah who heard ‘Abbas b. Sahl saying: I accompanied Abu Humaid al-Sa’idi.

Abu Dawud said: It has been narrated by Ibn 'Umar and Anas b. Malik that she should take bath at the time of the Zuhr prayer (being valid) until the next Zuhr prayer. This tradition has also been transmuted by Dawud and 'Asim from al-Sha'bi from his wife from Qumair on the authority of 'Aishah, except that the version of Dawud has the words: "every day," and the version of 'Asim has the words: "at the time of Zuhr prayer". This is the view of Salim b. 'Abd Allah, al-Hassan, and 'Ata.

Abu Dawud said: Malik said: I think that the tradition narrated by Ibn a;-Musayyab must contain the words: "from one purification to another". But it was misunderstood and the people changed it to: "for one Zuhr prayer to another".

It has also been reported by Miswar b. 'Abd al-Malik b. Sa'id b. 'Abd al-Rahman b. Yarbu', saying: "from one purification to another," but the people changed it to: "from one zuhr to another."

We came upon the Messenger of Allah (saws) in a deputation of Thaqif. The signatories of the pact came to al-Mughirah ibn Shu'bah as his guests. The Messenger of Allah (saws) made Banu-Malik stay in a tent of his.

Musaddad's version says: He was in the deputation of Thaqif which came to the Messenger of Allah (saws). He used to visit and have a talk with us every day after the night prayer.

The version of AbuSa'id says: He remained standing for such a long time (talking to us) that he put his weight sometimes on one leg and sometimes on the other due to his long stay. He mostly told us how his people, the Quraysh, behaved with him.

He would say: We were not equal; we were weak and degraded at Mecca (according to Musaddad's version). When we came over to Medina the fighting began between us; sometimes we overcome them and at other times they overcome us. One night he came late and did not come at the time he used to come.

We asked him: You came late tonight? He said: I could not recite the fixed part of the Qur'an that I used to recite every day. I disliked to come till I had completed it.

Aws said: I asked the companions of the Messenger of Allah (saws): How do you divide the Qur'an for daily recitation? They said: Three surahs, five surahs, eleven surahs, thirteen surahs' mufassal surahs.

Abu Dawud said: The version of Abu Sa'id is complete.

Sahl ibn AbuUmamah said that he and his father (AbuUmamah) visited Anas ibn Malik at Medina during the time (rule) of Umar ibn AbdulAziz when he (Anas ibn Malik) was the governor of Medina. He was praying a very short prayer as if it were the prayer of a traveller or near it.

When he gave a greeting, my father said: May Allah have mercy on you! Tell me about this prayer: Is it obligatory or supererogatory?

He said: It is obligatory; it is the prayer performed by the Messenger of Allah (saws). I did not make a mistake except in one thing that I forgot.

He said: The Messenger of Allah (saws) used to say: Do not impose austerities on yourselves so that austerities will be imposed on you, for people have imposed austerities on themselves and Allah imposed austerities on them. Their survivors are to be found in cells and monasteries. (Then he quoted:) "Monasticism, they invented it; we did not prescribe it for them."

Next day he went out in the morning and said: will you not go out for a ride, so that you may see something and take a lesson from it?

He said: Yes. Then all of them rode away and reached a land whose inhabitants had perished, passed away and died. The roofs of the town had fallen in.

He asked: Do you know this land? I said: Who acquainted me with it and its inhabitants? (Anas said:) This is the land of the people whom oppression and envy destroyed. Envy extinguishes the light of good deeds, and oppression confirms or falsifies it. The eye commits fornication, and the palm of the hand, the foot, body, tongue and private part of the body confirm it or deny it.

Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."

Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."

Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."

Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.

Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.

Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.

Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."

Hafsa bint Seereen said, "On Id we used to forbid our girls to go out for `Id prayer. A lady came and stayed at the palace of Bani Khalaf and I went to her. She said, 'The husband of my sister took part in twelve holy battles along with the Prophet and my sister was with her husband in six of them. My sister said that they used to nurse the sick and treat the wounded. Once she asked, 'O Allah's Apostle! If a woman has no veil, is there any harm if she does not come out (on `Id day)?' The Prophet said, 'Her companion should let her share her veil with her, and the women should participate in the good deeds and in the religious gatherings of the believers.' " Hafsa added, "When Um-`Atiya came, I went to her and asked her, 'Did you hear anything about so-and-so?' Um-`Atiya said, 'Yes, let my father be sacrificed for the Prophet (p.b.u.h). (And whenever she mentioned the name of the Prophet she always used to say, 'Let my father be' sacrificed for him). He said, 'Virgin mature girls staying often screened (or said, 'Mature girls and virgins staying often screened--Aiyub is not sure as which was right) and menstruating women should come out (on the `Id day). But the menstruating women should keep away from the Musalla. And all the women should participate in the good deeds and in the religious gatherings of the believers'." Hafsa said, "On that I said to Um-`Atiya, 'Also those who are menstruating?' " Um-`Atiya replied, "Yes. Do they not present themselves at `Arafat and elsewhere?".

I was accompanying the Prophet on a journey and was riding a slow camel that was lagging behind the others. The Prophet passed by me and asked, "Who is this?" I replied, "Jabir bin `Abdullah." He asked, "What is the matter, (why are you late)?" I replied, "I am riding a slow camel." He asked, "Do you have a stick?" I replied in the affirmative. He said, "Give it to me." When I gave it to him, he beat the camel and rebuked it. Then that camel surpassed the others thenceforth. The Prophet said, "Sell it to me." I replied, "It is (a gift) for you, O Allah's Apostle." He said, "Sell it to me. I have bought it for four Dinars (gold pieces) and you can keep on riding it till Medina." When we approached Medina, I started going (towards my house). The Prophet said, "Where are you going?" I Sa`d, "I have married a widow." He said, "Why have you not married a virgin to fondle with each other?" I said, "My father died and left daughters, so I decided to marry a widow (an experienced woman) (to look after them)." He said, "Well done." When we reached Medina, Allah's Apostle said, "O Bilal, pay him (the price of the camel) and give him extra money." Bilal gave me four Dinars and one Qirat extra. (A sub-narrator said): Jabir added, "The extra Qirat of Allah's Apostle never parted from me." The Qirat was always in Jabir bin `Abdullah's purse.

Abu Dawud said: What is correct is that the tradition reported by Ibn ‘Umar does not go back to the Prophet (may peace beupon him). Abu Dawud said: The narrator Baqiyyah reported the first part of this tradition from ‘Ubaid Allah and traced it back to the Prophet (saws); and the narrator al-Thaqafi reported it from ‘Ubaid Allah as a statement of Ibn ‘Umar himself(not from the Porphet). In this version he said: When he stood at the end of two rak’ahs he raised them up to his breasts. And this is the correct version.

Abu Dawud said: This tradition has been transmitted as a statement of Ibn ‘Umar (and not of the Prophet) by al-Laith b. Sa’d, Malik, Ayyub, and Ibn Juraij; and this has been narrated as a statement of the Prophet (saws) by Hammad b. Salamah alone on the authority of Ayyub. Ayyub and Malik did not mention his raising of hands when he stood after two prostrations, but al-Laith mentioned it in his version. Ibn Juraij said in this version: I asked Nafi’: Did Ibn ‘Umar raise (his hands) higher for the first time? He said: No, I said: Point out to me. He then pointed to the breasts or lower than that.

Abu Dawud said: In this tradition which is transmitted by al-Zuhri from 'Urwah and 'Urwah on the authority of 'Aishah, al-Awza'i added: She ('Aishah) said: Umm Habibah daughter of Jahsh and wife of 'Abd al-Rahman b. 'Awf had a prolonged flow of blood for seven years. The Prophet (saws) commander her saying: When the menstruation begins, abandon prayer; when it is finished, take a bath and pray.

Abu Dawud said: None of the disciple of al-Zuhri mentioned these words except al-Awza'i, from al-Zuhri it has been narrated by 'Amr b. al-Harith, al-Laith, Yunus, Ibn Abi Dhi'b, Ma'mar, Ibrahim b. Sa'd, Sulaiman b. Kathir, Ibn Ishaq and Sufyan b. 'Uyainah, they did not narrate these words.

Abu Dawud said: These are the words of the version reported by Hisham b. 'Urwah from this father on the authority of 'Aishah.

Abu Dawud said: In this tradition Ibn 'Uyainah also added the words: He commander her to abandon prayer during her menstrual period. This is a misunderstanding on the part of Ibn 'Uyainah. The version of this tradition narrated by Muhammad b. 'Amr from al-Zuhri has the addition similar to that made by al-Awza'i in his version.

I went out with 'Ubaidullah bin `Adi Al-Khaiyar. When we reached Hims (i.e. a town in Syria), 'Ubaidullah bin `Adi said (to me), "Would you like to see Wahshi so that we may ask him about the killing of Hamza?" I replied, "Yes." Wahshi used to live in Hims. We enquired about him and somebody said to us, "He is that in the shade of his palace, as if he were a full water skin." So we went up to him, and when we were at a short distance from him, we greeted him and he greeted us in return. 'Ubaidullah was wearing his turban and Wahshi could not see except his eyes and feet. 'Ubaidullah said, "O Wahshi! Do you know me?" Wahshi looked at him and then said, "No, by Allah! But I know that `Adi bin Al-Khiyar married a woman called Um Qital, the daughter of Abu Al-Is, and she delivered a boy for him at Mecca, and I looked for a wet nurse for that child. (Once) I carried that child along with his mother and then I handed him over to her, and your feet resemble that child's feet." Then 'Ubaidullah uncovered his face and said (to Wahshi), "Will you tell us (the story of) the killing of Hamza?" Wahshi replied "Yes, Hamza killed Tuaima bin `Adi bin Al-Khaiyar at Badr (battle) so my master, Jubair bin Mut`im said to me, 'If you kill Hamza in revenge for my uncle, then you will be set free." When the people set out (for the battle of Uhud) in the year of 'Ainain ..'Ainain is a mountain near the mountain of Uhud, and between it and Uhud there is a valley.. I went out with the people for the battle. When the army aligned for the fight, Siba' came out and said, 'Is there any (Muslim) to accept my challenge to a duel?' Hamza bin `Abdul Muttalib came out and said, 'O Siba'. O Ibn Um Anmar, the one who circumcises other ladies! Do you challenge Allah and His Apostle?' Then Hamza attacked and killed him, causing him to be non-extant like the bygone yesterday. I hid myself under a rock, and when he (i.e. Hamza) came near me, I threw my spear at him, driving it into his umbilicus so that it came out through his buttocks, causing him to die. When all the people returned to Mecca, I too returned with them. I stayed in (Mecca) till Islam spread in it (i.e. Mecca). Then I left for Taif, and when the people (of Taif) sent their messengers to Allah's Apostle, I was told that the Prophet did not harm the messengers; So I too went out with them till I reached Allah's Apostle. When he saw me, he said, 'Are you Wahshi?' I said, 'Yes.' He said, 'Was it you who killed Hamza?' I replied, 'What happened is what you have been told of.' He said, 'Can you hide your face from me?' So I went out when Allah's Apostle died, and Musailamah Al-Kadhdhab appeared (claiming to be a prophet). I said, 'I will go out to Musailamah so that I may kill him, and make amends for killing Hamza. So I went out with the people (to fight Musailamah and his followers) and then famous events took place concerning that battle. Suddenly I saw a man (i.e. Musailamah) standing near a gap in a wall. He looked like an ash-colored camel and his hair was dishevelled. So I threw my spear at him, driving it into his chest in between his breasts till it passed out through his shoulders, and then an Ansari man attacked him and struck him on the head with a sword. `Abdullah bin `Umar said, 'A slave girl on the roof of a house said: Alas! The chief of the believers (i.e. Musailamah) has been killed by a black slave."

One night I slept at the house of Maimuna. The Prophet woke up, answered the call of nature, washed his face and hands, and then slept. He got up (late at night), went to a water skin, opened the mouth thereof and performed ablution not using much water, yet he washed all the parts properly and then offered the prayer. I got up and straightened my back in order that the Prophet might not feel that I was watching him, and then I performed the ablution, and when he got up to offer the prayer, I stood on his left. He caught hold of my ear and brought me over to his right side. He offered thirteen rak`at in all and then lay down and slept till he started blowing out his breath as he used to do when he slept. In the meantime Bilal informed the Prophet of the approaching time for the (Fajr) prayer, and the Prophet offered the Fajr (Morning) prayer without performing new ablution. He used to say in his invocation, Allahumma ij`al fi qalbi nuran wa fi basari nuran, wa fi sam`i nuran, wa`an yamini nuran, wa`an yasari nuran, wa fawqi nuran, wa tahti nuran, wa amami nuran, wa khalfi nuran, waj`al li nuran." Kuraib (a sub narrator) said, "I have forgotten seven other words, (which the Prophet mentioned in this invocation). I met a man from the offspring of Al-`Abbas and he narrated those seven things to me, mentioning, '(Let there be light in) my nerves, my flesh, my blood, my hair and my body,' and he also mentioned two other things."

Abu Talha said to Um Sulaim, "I heard the voice of Allah's Apostle rather weak, and I knew that it was because of hunger. Have you anything (to present to the Prophet)?" She said, "Yes." Then she took out a few loaves of barley bread and took a veil of hers and wrapped the bread with a part of it and sent me to Allah's Apostle. I went and found Allah's Apostle sitting in the mosque with some people. I stood up before him. Allah's Apostle said to me, "Has Abu Talha sent you?" I said, ' Yes. Then Allah's Apostle said to those who were with him. "Get up and proceed." I went ahead of them (as their forerunner) and came to Abu Talha and informed him about it. Abu Talha said, "O Um Sulaim! Allah's Apostle has come and we have no food to feed them." Um Sulaim said, "Allah and His Apostle know best." So Abu Talha went out (to receive them) till he met Allah's Apostle. Allah's Apostle came in company with Abu Talha and they entered the house. Allah's Apostle said, "O Um Sulaim! Bring whatever you have." So she brought that (barley) bread and Allah's Apostle ordered that bread to be broken into small pieces, and then Um Sulaim poured over it some butter from a leather butter container, and then Allah's Apostle said what Allah wanted him to say, (i.e. blessing the food). Allah's Apostle then said, "Admit ten men." Abu Talha admitted them and they ate to their fill and went out. He again said, "Admit ten men." He admitted them, and in this way all the people ate to their fill, and they were seventy or eighty men."

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."

We took part in the holy battle of Tabuk in the company of the Prophet and when we arrived at the Wadi-al-Qura, there was a woman in her garden. The Prophet asked his companions to estimate the amount of the fruits in the garden, and Allah's Apostle estimated it at ten Awsuq (One Wasaq = 60 Sa's) and 1 Sa'= 3 kg. approximately). The Prophet said to that lady, "Check what your garden will yield." When we reached Tabuk, the Prophet said, "There will be a strong wind tonight and so no one should stand and whoever has a camel, should fasten it." So we fastened our camels. A strong wind blew at night and a man stood up and he was blown away to a mountain called Taiy, The King of Aila sent a white mule and a sheet for wearing to the Prophet as a present, and wrote to the Prophet that his people would stay in their place (and will pay Jizya taxation.) (1) When the Prophet reached Wadi-al- Qura he asked that woman how much her garden had yielded. She said, "Ten Awsuq," and that was what Allah's Apostle had estimated. Then the Prophet said, "I want to reach Medina quickly, and whoever among you wants to accompany me, should hurry up." The sub-narrator Ibn Bakkar said something which meant: When the Prophet (p.b.u.h) saw Medina he said, "This is Taba." And when he saw the mountain of Uhud, he said, "This mountain loves us and we love it. Shall I tell you of the best amongst the Ansar?" They replied in the affirmative. He said, "The family of Bani-n-Najjar, and then the family of Bani Sa`ida or Bani Al-Harith bin Al-Khazraj. (The above-mentioned are the best) but there is goodness in all the families of Ansar."

The Messenger of Allah (saws) used to prostrate and sleep (in prostration) and produce puffing sounds (during sleep). Then he would stand and pray and would not perform ablution. I said to him: you prayed but did not perform ablution though you slept (in prostration). He replied: Ablution is necessary for one who sleeps while he is lying down. Uthman and Hannad added: For when he lies down, his joints are relaxed.

Abu Dawud said: The statement "ablution is necessary for one who sleeps while one is lying down" is a munkar (rejected) tradition. It has been narrated only by Yazid Abu Khalid al-Dalani, on the authority of Qatadah. And its earlier part has been narrated by a group (of narrators) from Ibn 'Abbas; they did not mention anything about it. He (Ibn 'Abbas) said: The Prophet (saws) was protected (during his sleep). 'Aishah reported: The Prophet (saws) said: My eyes sleep, but my heart does not sleep. Shu'bah said: Qatadah heard from Abu'l-'Aliyah only four traditions: the tradition about Jonah son of Matthew, the tradition reported by Ibn 'Umar about prayer, the tradition stating that the judges are three, and the tradition narrated by Ibn 'Abbas saying: (This tradition) has been narrated to me by reliable persons ; 'Umar is one of them, and the most reliable of them in my opinion is 'Umar. Abu Dawud said: I asked Ahmad b. Hanbal about the tradition narrated by Yazid al-Dalani. He rebuked me out of respect for him. Then he said: Yazid al-Dalani does not add anything to what has been narrated by the teachers of Qatadah. He did not care of this tradition (due to its weakness).

When Az-Zubair got up during the battle of Al-Jamal, he called me and I stood up beside him, and he said to me, "O my son! Today one will be killed either as an oppressor or as an oppressed one. I see that I will be killed as an oppressed one. My biggest worry is my debts. Do you think, if we pay the debts, there will be something left for us from our money?" Az-Zubair added, "O my son! Sell our property and pay my debts." Az-Zubair then willed one-third of his property and willed one-third of that portion to his sons; namely, `Abdullah's sons. He said, "One-third of the one third. If any property is left after the payment of the debts, one-third (of the one-third of what is left) is to be given to your sons." (Hisham, a sub-narrator added, "Some of the sons of `Abdullah were equal in age to the sons of Az-Zubair e.g. Khubaib and `Abbas. `Abdullah had nine sons and nine daughters at that time." (The narrator `Abdullah added:) My father (Az-Zubair) went on drawing my attention to his debts saying, "If you should fail to pay part of the debts, appeal to my Master to help you." By Allah! I could not understand what he meant till I asked, "O father! Who is your Master?" He replied, "Allah (is my Master)." By Allah, whenever I had any difficulty regarding his debts, I would say, "Master of Az-Zubair! Pay his debts on his behalf ." and Allah would (help me to) pay it. Az-Zubair was martyred leaving no Dinar or Dirham but two pieces of land, one of which was (called) Al-Ghaba, and eleven houses in Medina, two in Basra, one in Kufa and one in Egypt. In fact, the source of the debt which he owed was, that if somebody brought some money to deposit with him. Az-Zubair would say, "No, (i won't keep it as a trust), but I take it as a debt, for I am afraid it might be lost." Az-Zubair was never appointed governor or collector of the tax of Kharaj or any other similar thing, but he collected his wealth (from the war booty he gained) during the holy battles he took part in, in the company of the Prophet, Abu Bakr, `Umar, and `Uthman. (`Abdullah bin Az-Zubair added:) When I counted his debt, it turned to be two million and two hundred thousand. (The sub-narrator added:) Hakim bin Hizam met `Abdullah bin Zubair and asked, "O my nephew! How much is the debt of my brother?" `Abdullah kept it as a secret and said, "One hundred thousand," Hakim said, "By Allah! I don't think your property will cover it." On that `Abdullah said to him, "What if it is two million and two hundred thousand?" Hakim said, "I don't think you can pay it; so if you are unable to pay all of it, I will help you." Az- Zubair had already bought Al-Ghaba for one hundred and seventy thousand. `Abdullah sold it for one million and six hundred thousand. Then he called the people saying, "Any person who has any money claim on Az-Zubair should come to us in Al-Ghaba." There came to him `Abdullah bin Ja`far whom Az-Zubair owed four hundred thousand. He said to `Abdullah bin Az-Zubair, "If you wish I will forgive you the debt." `Abdullah (bin Az-Zubair) said, "No." Then Ibn Ja`far said, "If you wish you can defer the payment if you should defer the payment of any debt." Ibn Az-Zubair said, "No." `Abdullah bin Ja`far said, "Give me a piece of the land." `Abdullah bin AzZubair said (to him), "Yours is the land extending from this place to this place." So, `Abdullah bin Az-Zubair sold some of the property (including the houses) and paid his debt perfectly, retaining four and a half shares from the land (i.e. Al-Ghaba). He then went to Mu'awlya while `Amr bin `Uthman, Al-Mundhir bin Az- Zubair and Ibn Zam`a were sitting with him. Mu'awiya asked, "At what price have you appraised Al- Ghaba?" He said, "One hundred thousand for each share," Muawiya asked, "How many shares have been left?" `Abdullah replied, "Four and a half shares." Al-Mundhir bin Az-Zubair said, "I would like to buy one share for one hundred thousand." `Amr bin `Uthman said, "I would like to buy one share for one hundred thousand." Ibn Zam`a said, "I would like to buy one share for one hundred thousand." Muawiya said, "How much is left now?" `Abdullah replied, "One share and a half." Muawiya said, "I would like to buy it for one hundred and fifty thousand." `Abdullah also sold his part to Muawiya six hundred thousand. When Ibn AzZubair had paid all the debts. Az-Zubair's sons said to him, "Distribute our inheritance among us." He said, "No, by Allah, I will not distribute it among you till I announce in four successive Hajj seasons, 'Would those who have money claims on Az-Zubair come so that we may pay them their debt." So, he started to announce that in public in every Hajj season, and when four years had elapsed, he distributed the inheritance among the inheritors. Az-Zubair had four wives, and after the one-third of his property was excluded (according to the will), each of his wives received one million and two hundred thousand. So the total amount of his property was fifty million and two hundred thousand.

who was one of the companions of Allah's Apostle and one of the Ansar's who took part in the battle of Badr: I came to Allah's Apostle and said, "O Allah's Apostle I have weak eyesight and I lead my people in prayers. When it rains the water flows in the valley between me and my people so I cannot go to their mosque to lead them in prayer. O Allah's Apostle! I wish you would come to my house and pray in it so that I could take that place as a Musalla. Allah's Apostle said. "Allah willing, I will do so." Next day after the sun rose high, Allah's Apostle and Abu Bakr came and Allah's Apostle asked for permission to enter. I gave him permission and he did not sit on entering the house but said to me, "Where do you like me to pray?" I pointed to a place in my house. So Allah's Apostle stood there and said, 'Allahu Akbar', and we all got up and aligned behind him and offered a two-rak`at prayer and ended it with Taslim. We requested him to stay for a meal called "Khazira" which we had prepared for him. Many members of our family gathered in the house and one of them said, "Where is Malik bin Al-Dukhaishin or Ibn Al-Dukhshun?" One of them replied, "He is a hypocrite and does not love Allah and His Apostle." Hearing that, Allah's Apostle said, "Do not say so. Haven't you seen that he said, 'None has the right to be worshipped but Allah' for Allah's sake only?" He said, "Allah and His Apostle know better. We have seen him helping and advising hypocrites." Allah's Apostle said, "Allah has forbidden the (Hell) fire for those who say, 'None has the right to be worshipped but Allah' for Allah's sake only."

When `Abdullah (my father) died, he left behind children and debts. I asked the lenders to put down some of his debt, but they refused, so I went to the Prophet to intercede with them, yet they refused. The Prophet said (to me), "Classify your dates into their different kinds: 'Adha bin Zaid, Lean and 'Ajwa, each kind alone and call all the creditors and wait till I come to you." I did so and the Prophet came and sat beside the dates and started measuring to each his due till he paid them fully, and the amount of dates remained as it was before, as if he had not touched them. (On another occasion) I took part in one of Ghazawat among with the Prophet and I was riding one of our camels. The camel got tired and was lagging behind the others. The Prophet hit it on its back. He said, "Sell it to me, and you have the right to ride it till Medina.'' When we approached Medina, I took the permission from the Prophet to go to my house, saying, "O Allah's Apostle! I have newly married." The Prophet asked, "Have you married a virgin or a matron (a widow or divorcee)?" I said, "I have married a matron, as `Abdullah (my father) died and left behind daughters small in their ages, so I married a matron who may teach them and bring them up with good manners." The Prophet then said (to me), "Go to your family." When I went there and told my maternal uncle about the selling of the camel, he admonished me for it. On that I told him about its slowness and exhaustion and about what the Prophet had done to the camel and his hitting it. When the Prophet arrived, I went to him with the camel in the morning and he gave me its price, the camel itself, and my share from the war booty as he gave the other people.

Allah's Apostle sent us who were three-hundred riders under the command of Abu Ubaida bin Al- Jarrah in order to watch the caravan of the Quraish pagans. We stayed at the seashore for half a month and were struck with such severe hunger that we ate even the Khabt (i.e. the leaves of the Salam, a thorny desert tree), and because of that, the army was known as Jaish-ul-Khabt. Then the sea threw out, an animal (i.e. a fish) called Al-`Anbar and we ate of that for half a month, and rubbed its fat on our bodies till our bodies returned to their original state (i.e. became strong and healthy). Abu Ubaida took one of its ribs, fixed it on the ground; then he went to the tallest man of his companions (to let him pass under the rib). Once Sufyan said, "He took a rib from its parts and fixed it, and then took a man and camel and they passed from underneath it (without touching it). " Jabir added: There was a man amongst the people who slaughtered three camels and then slaughtered another three camels and then slaughtered other three camels, and then Abu 'Ubaida forbade him to do so. Narrated Abu Salih: Qais bin Sa`d said to his father. "I was present in the army and the people were struck with severe hunger." He said, "You should have slaughtered (camels) (for them)." Qais said, "I did slaughter camels but they were hungry again. He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again but the people felt hungry again." He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again, but the people again felt hungry." He said, "You should have slaughtered (camels) again." Qais said, "But I was forbidden (by Abu 'Ubaida this time).

Abu Dawud said: Ibn Dawud has narrated the first part of this tradition as a statement (of the Prophet), and denied that there was any mention of performing ablution for every prayer. The weakness of the tradition reported by Habib is also indicated by the fact that the version transmuted by al-Zuhri from 'Urwah on the authority of 'Aishah says that she used to wash herself for every prayer; (these words occur) in the tradition about the woman who has a flow of blood. This tradition has been reported by Abu al-Yaqzan from 'Adi b. Thabit from his father from 'Ali, and narrated by 'Ammar, the freed salve of Banu Hashim, from Ibn 'Abbas, and transmitted by 'Abd al-Malik b. Maisarah, Bayan, al-Mughirah, Firas, on the authority of al-Sha'bi, from Qumair from 'Aishah, stating: You should perform ablution for every prayer. The version transmitted by Dawud, and 'Asim from al-Sha'bi from Qumair from 'Aishah has the words: She should take bath only once every day. The version reported by Hisham b. 'Urwah from his father has the words: The woman having a flow of blood should perform ablution for every prayer. All these traditions are weak except the tradition reported by Qumair and the tradition reported by 'Ammar, the freed slave of Banu Hashim, and the tradition narrated by Hisham b. 'Urwah on the authority of his father. What is commonly known from Ibn 'Abbas is bathing (for every prayer).

Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."

He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."

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.

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

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 arrived at Medina with Abu Bakr, riding behind him on the same camel. Abu Bakr was an elderly man known to the people, while Allah's Apostle was a youth that was unknown. Thus, if a man met Abu Bakr, he would say, "O Abu Bakr! Who is this man in front of you?" Abu Bakr would say, "This man shows me the Way," One would think that Abu Bakr meant the road, while in fact, Abu Bakr meant the way of virtue and good. Then Abu Bakr looked behind and saw a horse-rider pursuing them. He said, "O Allah's Apostle! This is a horse-rider pursuing us." The Prophet looked behind and said, "O Allah! Cause him to fall down." So the horse threw him down and got up neighing. After that the rider, Suraqa said, "O Allah's Prophet! Order me whatever you want." The Prophet said, "Stay where you are and do not allow anybody to reach us." So, in the first part of the day Suraqa was an enemy of Allah's Prophet and in the last part of it, he was a protector. Then Allah's Apostle alighted by the side of the Al-Harra and sent a message to the Ansar, and they came to Allah's Prophet and Abu Bakr, and having greeted them, they said, "Ride (your she-camels) safe and obeyed." Allah's Apostle and Abu Bakr rode and the Ansar, carrying their arms, surrounded them. The news that Allah's Prophet had come circulated in Medina. The people came out and were eagerly looking and saying "Allah's Prophet has come! Allah's Prophet has come! So the Prophet went on till he alighted near the house of Abu Ayub. While the Prophet was speaking with the family members of Abu Ayub, `Abdullah bin Salam heard the news of his arrival while he himself was picking the dates for his family from his family garden. He hurried to the Prophet carrying the dates which he had collected for his family from the garden. He listened to Allah's Prophet and then went home. Then Allah's Prophet said, "Which is the nearest of the houses of our kith and kin?" Abu Ayub replied, "Mine, O Allah's Prophet! This is my house and this is my gate." The Prophet said, "Go and prepare a place for our midday rest." Abu Ayub said, "Get up (both of you) with Allah's Blessings." So when Allah's Prophet went into the house, `Abdullah bin Salam came and said "I testify that you (i.e. Muhammad) are Apostle of Allah and that you have come with the Truth. The Jews know well that I am their chief and the son of their chief and the most learned amongst them and the son of the most learned amongst them. So send for them (i.e. Jews) and ask them about me before they know that I have embraced Islam, for if they know that they will say about me things which are not correct." So Allah's Apostle sent for them, and they came and entered. Allah's Apostle said to them, "O (the group of) Jews! Woe to you: be afraid of Allah. By Allah except Whom none has the right to be worshipped, you people know for certain, that I am Apostle of Allah and that I have come to you with the Truth, so embrace Islam." The Jews replied, "We do not know this." So they said this to the Prophet and he repeated it thrice. Then he said, "What sort of a man is `Abdullah bin Salam amongst you?" They said, "He is our chief and the son of our chief and the most learned man, and the son of the most learned amongst us." He said, "What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, " What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, "What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, "O Ibn Salam! Come out to them." He came out and said, "O (the group of) Jews! Be afraid of Allah except Whom none has the right to be worshipped. You know for certain that he is Apostle of Allah and that he has brought a True Religion!' They said, "You tell a lie." On that Allah's Apostle turned them out.

Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."

Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."

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 ."

Once we were traveling with the Prophet and we carried on traveling till the last part of the night and then we (halted at a place) and slept (deeply). There is nothing sweeter than sleep for a traveler in the last part of the night. So it was only the heat of the sun that made us to wake up and the first to wake up was so and so, then so and so and then so and so (the narrator `Auf said that Abu Raja' had told him their names but he had forgotten them) and the fourth person to wake up was `Umar bin Al- Khattab. And whenever the Prophet used to sleep, nobody would wake up him till he himself used to get up as we did not know what was happening (being revealed) to him in his sleep. So, `Umar got up and saw the condition of the people, and he was a strict man, so he said, "Allahu Akbar" and raised his voice with Takbir, and kept on saying loudly till the Prophet got up because of it. When he got up, the people informed him about what had happened to them. He said, "There is no harm (or it will not be harmful). Depart!" So they departed from that place, and after covering some distance the Prophet stopped and asked for some water to perform the ablution. So he performed the ablution and the call for the prayer was pronounced and he led the people in prayer. After he finished from the prayer, he saw a man sitting aloof who had not prayed with the people. He asked, "O so and so! What has prevented you from praying with us?" He replied, "I am Junub and there is no water. " The Prophet said, "Perform Tayammum with (clean) earth and that is sufficient for you." Then the Prophet proceeded on and the people complained to him of thirst. Thereupon he got down and called a person (the narrator `Auf added that Abu Raja' had named him but he had forgotten) and `Ali, and ordered them to go and bring water. So they went in search of water and met a woman who was sitting on her camel between two bags of water. They asked, "Where can we find water?" She replied, "I was there (at the place of water) this hour yesterday and my people are behind me." They requested her to accompany them. She asked, "Where?" They said, "To Allah's Apostle ." She said, "Do you mean the man who is called the Sabi, (with a new religion)?" They replied, "Yes, the same person. So come along." They brought her to the Prophet and narrated the whole story. He said, "Help her to dismount." The Prophet asked for a pot, then he opened the mouths of the bags and poured some water into the pot. Then he closed the big openings of the bags and opened the small ones and the people were called upon to drink and water their animals. So they all watered their animals and they (too) all quenched their thirst and also gave water to others and last of all the Prophet gave a pot full of water to the person who was Junub and told him to pour it over his body. The woman was standing and watching all that which they were doing with her water. By Allah, when her water bags were returned the looked like as if they were more full (of water) than they had been before (Miracle of Allah's Apostle) Then the Prophet ordered us to collect something for her; so dates, flour and Sawiq were collected which amounted to a good meal that was put in a piece of cloth. She was helped to ride on her camel and that cloth full of foodstuff was also placed in front of her and then the Prophet said to her, "We have not taken your water but Allah has given water to us." She returned home late. Her relatives asked her: "O so and so what has delayed you?" She said, "A strange thing! Two men met me and took me to the man who is called the Sabi' and he did such and such a thing. By Allah, he is either the greatest magician between this and this (gesturing with her index and middle fingers raising them towards the sky indicating the heaven and the earth) or he is Allah's true Apostle." Afterwards the Muslims used to attack the pagans around her abode but never touched her village. One day she said to her people, "I think that these people leave you purposely. Have you got any inclination to Islam?" They obeyed her and all of them embraced Islam. Abu `Abdullah said: The word Saba'a means "The one who has deserted his old religion and embraced a new religion." Abul 'Ailya [??] said, "The S`Abis are a sect of people of the Scripture who recite the Book of Psalms."

Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price.

Malik said, "The way of doing things among us is that there is no harm in partnership, transferring responsibility to an agent, and revocation when dealing with food and other things, whether or not possession was taken, when the transaction is with cash, and there is no profit, loss, or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions, it becomes sale which is made halal by what makes sale halal, and made haram by what makes sale haram, and it is not partnership, transferring responsibility to an agent, or revocation."

Malik spoke about some one who bought drapery goods or slaves, and the sale was concluded, then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said, "The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone, the pre-condition of the original partner is void, and he has the responsibility."

Malik spoke about a man who asked another man to buy certain goods to share between them, and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said, "That is not good. When he says, 'Pay for me and I will sell it for you,' it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed, or pass, the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit."

Malik said, "If a man buys goods, and they are settled for him, and then a man says to him, 'Share half of these goods with me, and I will sell them all for you,' that is halal, there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot."

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

who was one of those who used to write the Divine Revelation: Abu Bakr sent for me after the (heavy) casualties among the warriors (of the battle) of Yamama (where a great number of Qurra' were killed). `Umar was present with Abu Bakr who said, `Umar has come to me and said, The people have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be more casualties among the Qurra' (those who know the Qur'an by heart) at other battle-fields, whereby a large part of the Qur'an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur'an." Abu Bakr added, "I said to `Umar, 'How can I do something which Allah's Apostle has not done?' `Umar said (to me), 'By Allah, it is (really) a good thing.' So `Umar kept on pressing, trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as `Umar." (Zaid bin Thabit added:) `Umar was sitting with him (Abu Bakr) and was not speaking. me). "You are a wise young man and we do not suspect you (of telling lies or of forgetfulness): and you used to write the Divine Inspiration for Allah's Apostle. Therefore, look for the Qur'an and collect it (in one manuscript). " By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur'an. I said to both of them, "How dare you do a thing which the Prophet has not done?" Abu Bakr said, "By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and `Umar. So I started locating Qur'anic material and collecting it from parchments, scapula, leaf-stalks of date palms and from the memories of men (who knew it by heart). I found with Khuza`ima two Verses of Surat-at-Tauba which I had not found with anybody else, (and they were):-- "Verily there has come to you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty He (Muhammad) is ardently anxious over you (to be rightly guided)" (9.128) The manuscript on which the Qur'an was collected, remained with Abu Bakr till Allah took him unto Him, and then with `Umar till Allah took him unto Him, and finally it remained with Hafsa, `Umar's daughter.

Abu Bakr As-Siddiq sent for me when the people of Yamama had been killed (i.e., a number of the Prophet's Companions who fought against Musailima). (I went to him) and found `Umar bin Al- Khattab sitting with him. Abu Bakr then said (to me), "`Umar has come to me and said: "Casualties were heavy among the Qurra' of the Qur'an (i.e. those who knew the Qur'an by heart) on the day of the Battle of Yamama, and I am afraid that more heavy casualties may take place among the Qurra' on other battlefields, whereby a large part of the Qur'an may be lost. Therefore I suggest, you (Abu Bakr) order that the Qur'an be collected." I said to `Umar, "How can you do something which Allah's Apostle did not do?" `Umar said, "By Allah, that is a good project." `Umar kept on urging me to accept his proposal till Allah opened my chest for it and I began to realize the good in the idea which `Umar had realized." Then Abu Bakr said (to me). 'You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for (the fragmentary scripts of) the Qur'an and collect it in one book." By Allah If they had ordered me to shift one of the mountains, it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said to Abu Bakr, "How will you do something which Allah's Apostle did not do?" Abu Bakr replied, "By Allah, it is a good project." Abu Bakr kept on urging me to accept his idea until Allah opened my chest for what He had opened the chests of Abu Bakr and `Umar. So I started looking for the Qur'an and collecting it from (what was written on) palme stalks, thin white stones and also from the men who knew it by heart, till I found the last Verse of Surat at-Tauba (Repentance) with Abi Khuzaima Al-Ansari, and I did not find it with anybody other than him. The Verse is: 'Verily there has come unto you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty..(till the end of Surat-Baraa' (at-Tauba) (9.128-129). Then the complete manuscripts (copy) of the Qur'an remained with Abu Bakr till he died, then with `Umar till the end of his life, and then with Hafsa, the daughter of `Umar.

Abu Bakr sent for me owing to the large number of casualties in the battle of Al-Yamama, while `Umar was sitting with him. Abu Bakr said (to me), `Umar has come to my and said, 'A great number of Qaris of the Holy Qur'an were killed on the day of the battle of Al-Yamama, and I am afraid that the casualties among the Qaris of the Qur'an may increase on other battle-fields whereby a large part of the Qur'an may be lost. Therefore I consider it advisable that you (Abu Bakr) should have the Qur'an collected.' I said, 'How dare I do something which Allah's Apostle did not do?' `Umar said, By Allah, it is something beneficial.' `Umar kept on pressing me for that till Allah opened my chest for that for which He had opened the chest of `Umar and I had in that matter, the same opinion as `Umar had." Abu Bakr then said to me (Zaid), "You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for the fragmentary scripts of the Qur'an and collect it (in one Book)." Zaid further said: By Allah, if Abu Bakr had ordered me to shift a mountain among the mountains from one place to another it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said (to `Umar and Abu Bakr), "How can you do something which Allah's Apostle did not do?" Abu Bakr said, "By Allah, it is something beneficial." Zaid added: So he (Abu Bakr) kept on pressing me for that until Allah opened my chest for that for which He had opened the chests of Abu Bakr and `Umar, and I had in that matter, the same opinion as theirs. So I started compiling the Qur'an by collecting it from the leafless stalks of the date-palm tree and from the pieces of leather and hides and from the stones, and from the chests of men (who had memorized the Qur'an). I found the last verses of Sirat-at-Tauba: ("Verily there has come unto you an Apostle (Muhammad) from amongst yourselves--' (9.128-129) ) from Khuza`ima or Abi Khuza`ima and I added to it the rest of the Sura. The manuscripts of the Qur'an remained with Abu Bakr till Allah took him unto Him. Then it remained with `Umar till Allah took him unto Him, and then with Hafsa bint `Umar.

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.

Abu Bakr bought a (camel) saddle from `Azib for thirteen Dirhams. Abu Bakr said to `Azib, "Tell Al- Bara' to carry the saddle for me." `Azib said, "No, unless you relate to me what happened to you and Allah's Apostle when you left Mecca while the pagans were in search of you." Abu Bakr said, "We left Mecca and we traveled continuously for that night and the following day till it was midday. I looked (around) searching for shade to take as shelter, and suddenly I came across a rock, and found a little shade there. So I cleaned the place and spread a bed for the Prophet in the shade and said to him, 'Lie down, O Allah's Apostle.' So the Prophet lay down and I went out, looking around to see if there was any person pursuing us. Suddenly I saw a shepherd driving his sheep towards the rock, seeking what we had already sought from it. I asked him, 'To whom do you belong, O boy?' He said, 'I belong to a man from Quraish.' He named the man and I recognized him. I asked him, 'Is there any milk with your sheep?' He said, 'Yes.' I said, 'Will you then milk (some) for us?' He said, 'Yes.' Then I asked him to tie the legs of one of the sheep and clean its udder, and then ordered him to clean his hands from dust. Then the shepherd cleaned his hands by striking his hands against one another. After doing so, he milked a small amount of milk. I used to keep for Allah's Apostle a leather water-container, the mouth of which was covered with a piece of cloth. I poured water on the milk container till its lower part was cold. Then I took the milk to the Prophet whom I found awake. I said to him, 'Drink, O Allah's Apostle.' So he drank till I became pleased. Then I said, 'It is time for us to move, O Allah's Apostle!' He said, 'Yes.' So we set out while the people (i.e. Quraish pagans) were searching for us, but none found us except Suraqah bin Malik bin Ju`shum who was riding his horse. I said, 'These are our pursuers who have found us. O Allah's Apostle!' He said, 'Do not grieve, for Allah is with us."

Some Muslim men emigrated to Ethiopia whereupon Abu Bakr also prepared himself for the emigration, but the Prophet said (to him), "Wait, for I hope that Allah will allow me also to emigrate." Abu Bakr said, "Let my father and mother be sacrificed for you. Do you hope that (emigration)?" The Prophet said, 'Yes." So Abu Bakr waited to accompany the Prophet and fed two she-camels he had on the leaves of As-Samur tree regularly for four months One day while we were sitting in our house at midday, someone said to Abu Bakr, "Here is Allah's Apostle, coming with his head and a part of his face covered with a cloth-covering at an hour he never used to come to us." Abu Bakr said, "Let my father and mother be sacrificed for you, (O Prophet)! An urgent matter must have brought you here at this hour." The Prophet came and asked the permission to enter, and he was allowed. The Prophet entered and said to Abu Bakr, "Let those who are with you, go out." Abu Bakr replied, "(There is no stranger); they are your family. Let my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "I have been allowed to leave (Mecca)." Abu Bakr said, " I shall accompany you, O Allah's Apostle, Let my father be sacrificed for you!" The Prophet said, "Yes," Abu Bakr said, 'O Allah's Apostles! Let my father be sacrificed for you. Take one of these two shecamels of mine" The Prophet said. I will take it only after paying its price." So we prepared their baggage and put their journey food In a leather bag. And Asma' bint Abu Bakr cut a piece of her girdle and tied the mouth of the leather bag with it. That is why she was called Dhatan- Nitaqaln. Then the Prophet and Abu Bakr went to a cave in a mountain called Thour and remained there for three nights. `Abdullah bin Abu Bakr. who was a young intelligent man. used to stay with them at night and leave before dawn so that in the morning, he would he with the Quraish at Mecca as if he had spent the night among them. If he heard of any plot contrived by the Quraish against the Prophet and Abu Bakr, he would understand it and (return to) inform them of it when it became dark. 'Amir bin Fuhaira, the freed slave of Abu Bakr used to graze a flock of milch sheep for them and he used to take those sheep to them when an hour had passed after the `Isha prayer. They would sleep soundly till 'Amir bin Fuhaira awakened them when it was still dark. He used to do that in each of those three nights.

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

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 Allah's Apostle set out (towards Mecca) during the year of the Conquest (of Mecca) and this news reached (the infidels of Quraish), Abu Sufyan, Hakim bin Hizam and Budail bin Warqa came out to gather information about Allah's Apostle , They proceeded on their way till they reached a place called Marr-az-Zahran (which is near Mecca). Behold! There they saw many fires as if they were the fires of `Arafat. Abu Sufyan said, "What is this? It looked like the fires of `Arafat." Budail bin Warqa' said, "Banu `Amr are less in number than that." Some of the guards of Allah's Apostle saw them and took them over, caught them and brought them to Allah's Apostle. Abu Sufyan embraced Islam. When the Prophet proceeded, he said to Al-Abbas, "Keep Abu Sufyan standing at the top of the mountain so that he would look at the Muslims. So Al-`Abbas kept him standing (at that place) and the tribes with the Prophet started passing in front of Abu Sufyan in military batches. A batch passed and Abu Sufyan said, "O `Abbas Who are these?" `Abbas said, "They are (Banu) Ghifar." Abu Sufyan said, I have got nothing to do with Ghifar." Then (a batch of the tribe of) Juhaina passed by and he said similarly as above. Then (a batch of the tribe of) Sa`d bin Huzaim passed by and he said similarly as above. then (Banu) Sulaim passed by and he said similarly as above. Then came a batch, the like of which Abu Sufyan had not seen. He said, "Who are these?" `Abbas said, "They are the Ansar headed by Sa`d bin Ubada, the one holding the flag." Sa`d bin Ubada said, "O Abu Sufyan! Today is the day of a great battle and today (what is prohibited in) the Ka`ba will be permissible." Abu Sufyan said., "O `Abbas! How excellent the day of destruction is! "Then came another batch (of warriors) which was the smallest of all the batches, and in it there was Allah's Apostle and his companions and the flag of the Prophet was carried by Az-Zubair bin Al Awwam. When Allah's Apostle passed by Abu Sufyan, the latter said, (to the Prophet), "Do you know what Sa`d bin 'Ubada said?" The Prophet said, "What did he say?" Abu Sufyan said, "He said so-and-so." The Prophet said, "Sa`d told a lie, but today Allah will give superiority to the Ka`ba and today the Ka`ba will be covered with a (cloth) covering." Allah's Apostle ordered that his flag be fixed at Al-Hajun. Narrated `Urwa: Nafi` bin Jubair bin Mut`im said, "I heard Al-Abbas saying to Az-Zubair bin Al- `Awwam, 'O Abu `Abdullah ! Did Allah's Apostle order you to fix the flag here?' " Allah's Apostle ordered Khalid bin Al-Walid to enter Mecca from its upper part from Ka'da while the Prophet himself entered from Kuda. Two men from the cavalry of Khalid bin Al-Wahd named Hubaish bin Al-Ash'ar and Kurz bin Jabir Al-Fihri were martyred on that day.

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Allah's Apostle said, "While three persons were traveling, they were overtaken by rain and they took shelter in a cave in a mountain. A big rock fell from the mountain over the mouth of the cave and blocked it. They said to each other. 'Think of such good (righteous) deeds which, you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that Allah may relieve you from your difficulty. one of them said, 'O Allah! I had my parents who were very old and I had small children for whose sake I used to work as a shepherd. When I returned to them at night and milked (the sheep), I used to start giving the milk to my parents first before giving to my children. And one day I went far away in search of a grazing place (for my sheep), and didn't return home till late at night and found that my parents had slept. I milked (my livestock) as usual and brought the milk vessel and stood at their heads, and I disliked to wake them up from their sleep, and I also disliked to give the milk to my children before my parents though my children were crying (from hunger) at my feet. So this state of mine and theirs continued till the day dawned. (O Allah!) If you considered that I had done that only for seeking Your pleasure, then please let there be an opening through which we can see the sky.' So Allah made for them an opening through which they could see the sky. Then the second person said, 'O Allah! I had a she-cousin whom I loved as much as a passionate man love a woman. I tried to seduce her but she refused till I paid her one-hundred Dinars So I worked hard till I collected one hundred Dinars and went to her with that But when I sat in between her legs (to have sexual intercourse with her), she said, 'O Allah's slave! Be afraid of Allah ! Do not deflower me except legally (by marriage contract). So I left her O Allah! If you considered that I had done that only for seeking Your pleasure then please let the rock move a little to have a (wider) opening.' So Allah shifted that rock to make the opening wider for them. And the last (third) person said 'O Allah ! I employed a laborer for wages equal to a Faraq (a certain measure: of rice, and when he had finished his job he demanded his wages, but when I presented his due to him, he gave it up and refused to take it. Then I kept on sowing that rice for him (several times) till managed to buy with the price of the yield, some cows and their shepherd Later on the laborer came to me an said. '(O Allah's slave!) Be afraid o Allah, and do not be unjust to me an give me my due.' I said (to him). 'Go and take those cows and their shepherd. So he took them and went away. (So, O Allah!) If You considered that I had done that for seeking Your pleasure, then please remove the remaining part of the rock.' And so Allah released them (from their difficulty).

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."

Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."

When Abu Dhar received the news of the Advent of the Prophet he said to his brother, "Ride to this valley (of Mecca) and try to find out the truth of the person who claims to be a prophet who is informed of the news of Heaven. Listen to what he says and come back to me." So his brother set out and came to the Prophet and listened to some of his talks, and returned to Abu Dhar and said to him. "I have seen him enjoining virtuous behavior and saying something that is not poetry." Abu Dhar said, "You have not satisfied me as to what I wanted." He then took his journey-food and carried a waterskin of his, containing some water till be reached Mecca. He went to the Mosque and searched for the Prophet and though he did not know him, he hated to ask anybody about him. When a part of the night had passed away, `Ali saw him and knew that he was a stranger. So when Abu Dhar saw `Ali, he followed him, and none of them asked his companion about anything, and when it was dawn, Abu Dhar took his journey food and his water-skin to the Mosque and stayed there all the day long without being perceived by the Prophet, and when it was evening, he came back to his retiring place. `Ali passed by him and said, "Has the man not known his dwelling place yet?" So `Ali awakened him and took him with him and none of them spoke to the other about anything. When it was the third day. `Ali did the same and Abu Dhar stayed with him. Then `Ali said "Will you tell me what has brought you here?" Abu Dhar said, "If you give me a firm promise that you will guide me, then I will tell you." `Ali promised him, and he informed `Ali about the matter. `Ali said, "It is true, and he is the Apostle of Allah. Next morning when you get up, accompany me, and if I see any danger for you, I will stop as if to pass water, but if I go on, follow me and enter the place which I will enter." Abu Dhar did so, and followed `Ali till he entered the place of the Prophet, and Abu Dhar went in with him, Abu Dhar listened to some of the Prophet's talks and embraced Islam on the spot. The Prophet said to him, "Go back to your people and inform them (about it) till you receive my order." Abu Dhar said, "By Him in Whose Hand my life is, I will proclaim my conversion loudly amongst them (i.e. the pagans)." So he went out, and when he reached the Mosque, he said as loudly as possible, "I bear witness that None has the right to be worshipped except Allah, and Muhammad is the Apostle of Allah." The People got up and beat him painfully. Then Al-Abbas came and knelt over him ((to protect him) and said (to the people), "Woe to you! Don't you know that this man belongs to the tribe of Ghifar and your trade to Sha'm is through their way?" So he rescued him from them. Abu Dhar again did the same the next day. They beat him and took vengeance on him and again Al-Abbas knelt over him (to protect him).

That Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth had said to him, "What prevents you from speaking to your uncle `Uthman regarding his brother Al-Walid bin `Uqba?" The people were speaking against the latter for what he had done. 'Ubaidullah said, "So I kept waiting for `Uthman, and when he went out for the prayer, I said to him, 'I have got something to say to you as a piece of advice.' `Uthman said, 'O man! I seek Refuge with Allah from you. So I went away. When I finished my prayer, I sat with Al-Miswar and Ibn 'Abu Yaghutb and talked to both of them of what I had said to `Uthman and what he had said to me. They said, 'You have done your duty.' So while I was sitting with them. `Uthman's Messenger came to me. They said, 'Allah has put you to trial." I set out and when I reached `Uthman, he said, 'What is your advice which you mentioned a while ago?' I recited Tashahhud and added, 'Allah has sent Muhammad and has revealed the Holy Book (i.e. Qur'an) to him. You (O `Uthman!) were amongst those who responded to the call of Allah and His Apostle and had faith in him. And you took part in the first two migrations (to Ethiopia and to Medina), and you enjoyed the company of Allah's Apostle and learned his traditions and advice. Now the people are talking much about Al-Walid bin `Uqba and so it is your duty to impose on him the legal punishment.' `Uthman then said to me, 'O my nephew! Did you ever meet Allah's Apostle ?' I said, 'No, but his knowledge has reached me as it has reached the virgin in her seclusion.' `Uthman then recited Tashahhud and said, 'No doubt, Allah has sent Muhammad with the Truth and has revealed to him His Holy Book (i.e. Qur'an) and I was amongst those who responded to the call of Allah and His Apostle and I had faith in Muhammad's Mission, and I had performed the first two migrations as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance to him. By Allah, I never disobeyed him and never cheated him till Allah caused him to die. Then Allah made Abu Bakr Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then `Umar became Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then I became Caliph. Have I not then the same rights over you as they had over me?' I replied in the affirmative. `Uthman further said, 'The what are these talks which are reaching me from you? As for what you ha mentioned about Al-Walid bin 'Uqb; Allah willing, I shall give him the leg; punishment justly. Then `Uthman ordered that Al-Walid be flogged fort lashes. He ordered `Ali to flog him an he himself flogged him as well."

Abu Dawud said: Qatadah narrated it from 'Urwah b. al-Zubair, from Zainab daughter of Umm Salamah, that Umm Habibah daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) commanded her to abandon prayer for the period of her menses. She then should take a bath, and offer prayer. Abu Dawud said: Qatadah did not hear anything from 'Urwah. ²

And Ibn 'Uyainah added in the tradition narrated by al-Zuhri from 'Umrah on the authority of 'Aishah. Umm Habibah had a prolonged flow of blood. She asked the Prophet (saws). He commanded her to abandon prayer during her menstrual period.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah. This is not found in the tradition reported by the transmitter from al-Zuhri except that mentioned by Suhail b. Abu Salih. Al-Humaidi also narrated this tradition from Ibn 'Uyainah, but he did not mention the words "she should abandon prayer during her menstrual period."¹

Qumair daughter of Masruq reported on the authority of 'Aishah: The woman who has prolonged flow of blood should abandon prayer during her menstrual period.³

'Abd al-Rahman b. al-Qasim reported on the authority of his father: The Prophet (saws) commanded her to abandon prayers equal (to the length of time) that she has her (usual) menses.²

Abu Bishr Ja'far b. Abi Wahshiyyah reported on the authority of 'Ikrimah from the Prophet (saws) saying: Umm Habibah daughter of Jahsh had a prolonged flow of blood; and he transmitted like that.¹

Sharik narrated from Abu al-Yaqzan from 'Adi b. Thabit from his father on the authority of his grandfather from the Prophet (saws): The woman suffering from a prolonged flow of blood should abandon prayer during her menstrual period ; she then should was herself and pray. ¹

Al-'Ala b. al-Musayyab reported from al-Hakam on the authority of Abu Ja'far, saying: Saudah had a prolonged flow of blood. The Prophet (saws) commanded that when he menstruation was finished, she should take bath and pray.¹

Sa'id b. Jubair reported from 'Ali and Ibn 'Abbas : A woman suffering from a prolonged flow of blood should refrain from prayers during her menstrual period.¹

'Ammar, the freed slave of Banu Hashim and Talq b. Habib narrated in a similar way.¹

Similarly, it was reported by Ma'qil al-Khath'ami from 'Ali⁴, al-Sha'bi also transmitted it in a similar manner from Qumair, the wife of Masruq, on the authority of 'Aishah.¹

Abu Dawud said: Al-Hasan, Sa'id b. al-Musayyab, 'Ata, Makhul, Ibrahim, Salim and al-Qasim also hold that a woman suffering from a prolonged flow of blood should abandon prayer during her menstrual period.

Abu Dawud said: Qatadah did not hear anything from 'Urwah.

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."

The Prophet sent a Sariya of spies and appointed `Asim bin Thabit, the grandfather of `Asim bin `Umar bin Al-Khattab, as their leader. So they set out, and when they reached (a place) between 'Usfan and Mecca, they were mentioned to one of the branch tribes of Bani Hudhail called Lihyan. So, about one-hundred archers followed their traces till they (i.e. the archers) came to a journey station where they (i.e. `Asim and his companions) had encamped and found stones of dates they had brought as journey food from Medina. The archers said, "These are the dates of Medina," and followed their traces till they took them over. When `Asim and his companions were not able to go ahead, they went up a high place, and their pursuers encircled them and said, "You have a covenant and a promise that if you come down to us, we will not kill anyone of you." `Asim said, "As for me, I will never come down on the security of an infidel. O Allah! Inform Your Prophet about us." So they fought with them till they killed `Asim along with seven of his companions with arrows, and there remained Khubaib, Zaid and another man to whom they gave a promise and a covenant. So when the infidels gave them the covenant and promise, they came down. When they captured them, they opened the strings of their arrow bows and tied them with it. The third man who was with them said, "This is the first breach in the covenant," and refused to accompany them. They dragged him and tried to make him accompany them, but he refused, and they killed him. Then they proceeded on taking Khubaib and Zaid till they sold them in Mecca. The sons of Al-Harith bin `Amr bin Naufal bought Khubaib. It was Khubaib who had killed Al-Harith bin `Amr on the day of Badr. Khubaib stayed with them for a while as a captive till they decided unanimously to kill him. (At that time) Khubaib borrowed a razor from one of the daughters of Al- Harith to shave his pubic hair. She gave it to him. She said later on, "I was heedless of a little baby of mine, who moved towards Khubaib, and when it reached him, he put it on his thigh. When I saw it, I got scared so much that Khubaib noticed my distress while he was carrying the razor in his hand. He said 'Are you afraid that I will kill it? Allah willing, I will never do that,' " Later on she used to say, "I have never seen a captive better than Khubaib Once I saw him eating from a bunch of grapes although at that time no fruits were available at Mecca, and he was fettered with iron chains, and in fact, it was nothing but food bestowed upon him by Allah." So they took him out of the Sanctuary (of Mecca) to kill him. He said, "Allow me to offer a two-rak`at prayer." Then he went to them and said, "Had I not been afraid that you would think I was afraid of death, I would have prayed for a longer time." So it was Khubaib who first set the tradition of praying two rak`at before being executed. He then said, "O Allah! Count them one by one," and added, 'When I am being martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, because this death is in Allah's Cause. If He wishes, He will bless the cut limbs." Then `Uqba bin Al-Harith got up and martyred him. The narrator added: The Quraish (infidels) sent some people to `Asim in order to bring a part of his body so that his death might be known for certain, for `Asim had killed one of their chiefs on the day of Badr. But Allah sent a cloud of wasps which protected his body from their messengers who could not harm his body consequently.

When there was said about me what was said which I myself was unaware of, Allah's Apostle got up and addressed the people. He recited Tashah-hud, and after glorifying and praising Allah as He deserved, he said, "To proceed: O people Give me your opinion regarding those people who made a forged story against my wife. By Allah, I do not know anything bad about her. By Allah, they accused her of being with a man about whom I have never known anything bad, and he never entered my house unless I was present there, and whenever I went on a journey, he went with me." Sa`d bin Mu`adh got up and said, "O Allah's Apostle Allow me to chop their heads off". Then a man from the Al-Khazraj (Sa`d bin 'Ubada) to whom the mother of (the poet) Hassan bin Thabit was a relative, got up and said (to Sa`d bin Mu`adh), "You have told a lie! By Allah, if those persons were from the Aus Tribe, you would not like to chop their heads off." It was probable that some evil would take place between the Aus and the Khazraj in the mosque, and I was unaware of all that. In the evening of that day, I went out for some of my needs (i.e. to relieve myself), and Um Mistah was accompanying me. On our return, Um Mistah stumbled and said, "Let Mistah. be ruined" I said to her, "O mother Why do you abuse your Son" On that Um Mistah became silent for a while, and stumbling again, she said, "Let Mistah be ruined" I said to her, "Why do you abuse your son?" She stumbled for the third time and said, "Let Mistah be ruined" whereupon I rebuked her for that. She said, "By Allah, I do not abuse him except because of you." I asked her, "Concerning what of my affairs?" So she disclosed the whole story to me. I said, "Has this really happened?" She replied, "Yes, by Allah." I returned to my house, astonished (and distressed) that I did not know for what purpose I had gone out. Then I became sick (fever) and said to Allah's Apostle "Send me to my father's house." So he sent a slave with me, and when I entered the house, I found Um Rum-an (my mother) downstairs while (my father) Abu Bakr was reciting something upstairs. My mother asked, "What has brought you, O (my) daughter?" I informed her and mentioned to her the whole story, but she did not feel it as I did. She said, "O my daughter! Take it easy, for there is never a charming lady loved by her husband who has other wives but that they feel jealous of her and speak badly of her." But she did not feel the news as I did. I asked (her), "Does my father know about it?" She said, "yes" I asked, Does Allah's Apostle know about it too?" She said, "Yes, Allah's Apostle does too." So the tears filled my eyes and I wept. Abu Bakr, who was reading upstairs heard my voice and came down and asked my mother, "What is the matter with her? " She said, "She has heard what has been said about her (as regards the story of Al-lfk)." On that Abu- Bakr wept and said, "I beseech you by Allah, O my daughter, to go back to your home". I went back to my home and Allah's Apostle had come to my house and asked my maid-servant about me (my character). The maid-servant said, "By Allah, I do not know of any defect in her character except that she sleeps and let the sheep enter (her house) and eat her dough." On that, some of the Prophet's companions spoke harshly to her and said, "Tell the truth to Allah's Apostle." Finally they told her of the affair (of the slander). She said, "Subhan Allah! By Allah, I know nothing against her except what goldsmith knows about a piece of pure gold." Then this news reached the man who was accused, and he said, "Subhan Allah! By Allah, I have never uncovered the private parts of any woman." Later that man was martyred in Allah's Cause. Next morning my parents came to pay me a visit and they stayed with me till Allah's Apostle came to me after he had offered the `Asr prayer. He came to me while my parents were sitting around me on my right and my left. He praised and glorified Allah and said, "Now then O `Aisha! If you have committed a bad deed or you have wronged (yourself), then repent to Allah as Allah accepts the repentance from his slaves." An Al-Ansari woman had come and was sitting near the gate. I said (to the Prophet). "Isn't it improper that you speak in such a way in the presence of this lady? Allah's Apostle then gave a piece of advice and I turned to my father and requested him to answer him (on my behalf). My father said, "What should I say?" Then I turned to my mother and asked her to answer him. She said, "What should I say?" When my parents did not give a reply to the Prophet, I said, "I testify that none has the right to be worshipped except Allah, and that Muhammad is His Apostle!" And after praising and glorifying Allah as He deserves, I said, "Now then, by Allah, if I were to tell you that I have not done (this evil action) and Allah is a witness that I am telling the truth, that would not be of any use to me on your part because you (people) have spoken about it and your hearts have absorbed it; and if I were to tell you that I have done this sin and Allah knows that I have not done it, then you will say, 'She has confessed herself guilty." By Allah, 'I do not see a suitable example for me and you but the example of (I tried to remember Jacob's name but couldn't) Joseph's father when he said; So (for me) "Patience is most fitting against that which you assert. It is Allah (alone) whose help can be sought.' At that very hour the Divine Inspiration came to Allah's Apostle and we remained silent. Then the Inspiration was over and I noticed the signs of happiness on his face while he was removing (the sweat) from his forehead and saying, "Have the good tidings O ' "Aisha! Allah has revealed your innocence." At that time I was extremely angry. My parents said to me. "Get up and go to him." I said, "By Allah, I will not do it and will not thank him nor thank either of you, but I will thank Allah Who has revealed my innocence. You have heard this story but neither did not deny it nor change it (to defend me)," (Aisha used to say:) "But as regards Zainab bint Jahsh, (the Prophet's wife), Allah protected her because of her piety, so she did not say anything except good (about me), but her sister, Hamna, was ruined among those who were ruined. Those who used to speak evil about me were Mistah, Hassan bin Thabit, and the hypocrite, `Abdullah bin Ubai, who used to spread that news and tempt others to speak of it, and it was he and Hamna who had the greater share therein. Abu Bakr took an oath that he would never do any favor to Mistah at all. Then Allah revealed the Divine Verse: "Let not those among you who are good and wealthy (i.e. Abu Bakr) swear not to give (any sort of help) to their kinsmen, and those in need, (i.e. Mistah) ...Do you not love that Allah should forgive you? And Allah is Oft-Forgiving, Most Merciful." (24.22) On that, Abu Bakr said, "Yes, by Allah, O our Lord! We wish that You should forgive us." So Abu Bakr again started giving to Mistah the expenditure which he used to give him before.

Who, from among Ka`b's sons, was the guide of Ka`b when he became blind: I heard Ka`b bin Malik narrating the story of (the Ghazwa of) Tabuk in which he failed to take part. Ka`b said, "I did not remain behind Allah's Apostle in any Ghazwa that he fought except the Ghazwa of Tabuk, and I failed to take part in the Ghazwa of Badr, but Allah did not admonish anyone who had not participated in it, for in fact, Allah's Apostle had gone out in search of the caravan of Quraish till Allah made them (i.e. the Muslims) and their enemy meet without any appointment. I witnessed the night of Al-`Aqaba (pledge) with Allah's Apostle when we pledged for Islam, and I would not exchange it for the Badr battle although the Badr battle is more popular amongst the people than it (i.e. Al-`Aqaba pledge). As for my news (in this battle of Tabuk), I had never been stronger or wealthier than I was when I remained behind the Prophet in that Ghazwa. By Allah, never had I two she-camels before, but I had then at the time of this Ghazwa. Whenever Allah's Apostle wanted to make a Ghazwa, he used to hide his intention by apparently referring to different Ghazwa till it was the time of that Ghazwa (of Tabuk) which Allah's Apostle fought in severe heat, facing, a long journey, desert, and the great number of enemy. So the Prophet announced to the Muslims clearly (their destination) so that they might get prepared for their Ghazwa. So he informed them clearly of the destination he was going to. Allah's Apostle was accompanied by a large number of Muslims who could not be listed in a book namely, a register." Ka`b added, "Any man who intended to be absent would think that the matter would remain hidden unless Allah revealed it through Divine Revelation. So Allah's Apostle fought that Ghazwa at the time when the fruits had ripened and the shade looked pleasant. Allah's Apostle and his companions prepared for the battle and I started to go out in order to get myself ready along with them, but I returned without doing anything. I would say to myself, 'I can do that.' So I kept on delaying it every now and then till the people got ready and Allah's Apostle and the Muslims along with him departed, and I had not prepared anything for my departure, and I said, I will prepare myself (for departure) one or two days after him, and then join them.' In the morning following their departure, I went out to get myself ready but returned having done nothing. Then again in the next morning, I went out to get ready but returned without doing anything. Such was the case with me till they hurried away and the battle was missed (by me). Even then I intended to depart to take them over. I wish I had done so! But it was not in my luck. So, after the departure of Allah's Apostle, whenever I went out and walked amongst the people (i.e, the remaining persons), it grieved me that I could see none around me, but one accused of hypocrisy or one of those weak men whom Allah had excused. Allah's Apostle did not remember me till he reached Tabuk. So while he was sitting amongst the people in Tabuk, he said, 'What did Ka`b do?' A man from Banu Salama said, 'O Allah's Apostle! He has been stopped by his two Burdas (i.e. garments) and his looking at his own flanks with pride.' Then Mu`adh bin Jabal said, 'What a bad thing you have said! By Allah! O Allahs Apostle! We know nothing about him but good.' Allah's Apostle kept silent." Ka`b bin Malik added, "When I heard that he (i.e. the Prophet ) was on his way back to Medina. I got dipped in my concern, and began to think of false excuses, saying to myself, 'How can I avoid his anger tomorrow?' And I took the advice of wise member of my family in this matter. When it was said that Allah's Apostle, had come near all the evil false excuses abandoned from my mind and I knew well that I could never come out of this problem by forging a false statement. Then I decided firmly to speak the truth. So Allah's Apostle arrived in the morning, and whenever he returned from a journey., he used to visit the Mosque first of all and offer a two-rak`at prayer therein and then sit for the people. So when he had done all that (this time), those who had failed to join the battle (of Tabuk) came and started offering (false) excuses and taking oaths before him. They were something over eighty men; Allah's Apostle accepted the excuses they had expressed, took their pledge of allegiance asked for Allah's Forgiveness for them, and left the secrets of their hearts for Allah to judge. Then I came to him, and when I greeted him, he smiled a smile of an angry person and then said, 'Come on.' So I came walking till I sat before him. He said to me, 'What stopped you from joining us. Had you not purchased an animal For carrying you?' I answered, "Yes, O Allah's Apostle! But by Allah, if I were sitting before any person from among the people of the world other than you, I would have avoided his anger with an excuse. By Allah, I have been bestowed with the power of speaking fluently and eloquently, but by Allah, I knew well that if today I tell you a lie to seek your favor, Allah would surely make you angry with me in the near future, but if I tell you the truth, though you will get angry because of it, I hope for Allah's Forgiveness. Really, by Allah, there was no excuse for me. By Allah, I had never been stronger or wealthier than I was when I remained behind you.' Then Allah's Apostle said, 'As regards this man, he has surely told the truth. So get up till Allah decides your case.' I got up, and many men of Banu Salama followed me and said to me. 'By Allah, we never witnessed you doing any sin before this. Surely, you failed to offer excuse to Allah's Apostle as the others who did not join him, have offered. The prayer of Allah's Apostle to Allah to forgive you would have been sufficient for you.' By Allah, they continued blaming me so much that I intended to return (to the Prophet) and accuse myself of having told a lie, but I said to them, 'Is there anybody else who has met the same fate as I have?' They replied, 'Yes, there are two men who have said the same thing as you have, and to both of them was given the same order as given to you.' I said, 'Who are they?' They replied, Murara bin Ar-Rabi Al- Amri and Hilal bin Umaiya Al-Waqifi.' By that they mentioned to me two pious men who had attended the Ghazwa (Battle) of Badr, and in whom there was an example for me. So I did not change my mind when they mentioned them to me. Allah's Apostle forbade all the Muslims to talk to us, the three aforesaid persons out of all those who had remained behind in that Ghazwa. So we kept away from the people and they changed their attitude towards us till the very land (where I lived) appeared strange to me as if I did not know it. We remained in that condition for fifty nights. As regards my two fellows, they remained in their houses and kept on weeping, but I was the youngest of them and the firmest of them, so I used to go out and witness the prayers along with the Muslims and roam about in the markets, but none would talk to me, and I would come to Allah's Apostle and greet him while he was sitting In his gathering after the prayer, and I would wonder whether the Prophet did move his lips in return to my greetings or not. Then I would offer my prayer near to him and look at him stealthily. When I was busy with my prayer, he would turn his face towards me, but when I turned my face to him, he would turn his face away from me. When this harsh attitude of the people lasted long, I walked till I scaled the wall of the garden of Abu Qatada who was my cousin and dearest person to me, and I offered my greetings to him. By Allah, he did not return my greetings. I said, 'O Abu Qatada! I beseech you by Allah! Do you know that I love Allah and His Apostle?' He kept quiet. I asked him again, beseeching him by Allah, but he remained silent. Then I asked him again in the Name of Allah. He said, "Allah and His Apostle know it better.' Thereupon my eyes flowed with tears and I returned and jumped over the wall." Ka`b added, "While I was walking in the market of Medina, suddenly I saw a Nabati (i.e. a Christian farmer) from the Nabatis of Sham who came to sell his grains in Medina, saying, 'Who will lead me to Ka`b bin Malik?' The people began to point (me) out for him till he came to me and handed me a letter from the king of Ghassan in which the following was written: "To proceed, I have been informed that your friend (i.e. the Prophet ) has treated you harshly. Anyhow, Allah does not let you live at a place where you feel inferior and your right is lost. So join us, and we will console you." When I read it, I said to myself, 'This is also a sort of a test.' Then I took the letter to the oven and made a fire therein by burning it. When forty out of the fifty nights elapsed, behold ! There came to me the messenger of Allah's Apostle and said, 'Allah's Apostle orders you to keep away from your wife,' I said, 'Should I divorce her; or else! what should I do?' He said, 'No, only keep aloof from her and do not cohabit her.' The Prophet sent the same message to my two fellows. Then I said to my wife. 'Go to your parents and remain with them till Allah gives His Verdict in this matter." Ka`b added, "The wife of Hilal bin Umaiya came to Apostle and said, 'O Allah's Apostle! Hilal bin Umaiya is a helpless old man who has no servant to attend on him. Do you dislike that I should serve him? ' He said, 'No (you can serve him) but he should not come near you.' She said, 'By Allah, he has no desire for anything. By, Allah, he has never ceased weeping till his case began till this day of his.' (continued...) (continuing... 1): -5.702:... ... On that, some of my family members said to me, 'Will you also ask Allah's Apostle to permit your wife (to serve you) as he has permitted the wife of Hilal bin Umaiya to serve him?' I said, 'By Allah, I will not ask the permission of Allah's Apostle regarding her, for I do not know What Allah's Apostle would say if I asked him to permit her (to serve me) while I am a young man.' Then I remained in that state for ten more nights after that till the period of fifty nights was completed starting from the time when Allah's Apostle prohibited the people from talking to us. When I had offered the Fajr prayer on the 50th morning on the roof of one of our houses and while I was sitting in the condition which Allah described (in the Qur'an) i.e. my very soul seemed straitened to me and even the earth seemed narrow to me for all its spaciousness, there I heard the voice of one who had ascended the mountain of Sala' calling with his loudest voice, 'O Ka`b bin Malik! Be happy (by receiving good tidings).' I fell down in prostration before Allah, realizing that relief has come. Allah's Apostle had announced the acceptance of our repentance by Allah when he had offered the Fajr prayer. The people then went out to congratulate us. Some bringers of good tidings went out to my two fellows, and a horseman came to me in haste, and a man of Banu Aslam came running and ascended the mountain and his voice was swifter than the horse. When he (i.e. the man) whose voice I had heard, came to me conveying the good tidings, I took off my garments and dressed him with them; and by Allah, I owned no other garments than them on that day. Then I borrowed two garments and wore them and went to Allah's Apostle. The people started receiving me in batches, congratulating me on Allah's Acceptance of my repentance, saying, 'We congratulate you on Allah's Acceptance of your repentance." Ka`b further said, "When I entered the Mosque. I saw Allah's Apostle sitting with the people around him. Talha bin Ubaidullah swiftly came to me, shook hands with me and congratulated me. By Allah, none of the Muhajirin (i.e. Emigrants) got up for me except him (i.e. Talha), and I will never forget this for Talha." Ka`b added, "When I greeted Allah's Apostle he, his face being bright with joy, said "Be happy with the best day that you have got ever since your mother delivered you." Ka`b added, "I said to the Prophet 'Is this forgiveness from you or from Allah?' He said, 'No, it is from Allah.' Whenever Allah's Apostle became happy, his face would shine as if it were a piece of moon, and we all knew that characteristic of him. When I sat before him, I said, 'O Allah's Apostle! Because of the acceptance of my repentance I will give up all my wealth as alms for the Sake of Allah and His Apostle. Allah's Apostle said, 'Keep some of your wealth, as it will be better for you.' I said, 'So I will keep my share from Khaibar with me,' and added, 'O Allah's Apostle! Allah has saved me for telling the truth; so it is a part of my repentance not to tell but the truth as long as I am alive. By Allah, I do not know anyone of the Muslims whom Allah has helped fortelling the truth more than me. Since I have mentioned that truth to Allah's Apostle till today, I have never intended to tell a lie. I hope that Allah will also save me (from telling lies) the rest of my life. So Allah revealed to His Apostle the Verse:-- "Verily, Allah has forgiven the Prophet, the Muhajirin (i.e. Emigrants (up to His Saying) And be with those who are true (in word and deed)." (9.117-119) By Allah, Allah has never bestowed upon me, apart from His guiding me to Islam, a Greater blessing than the fact that I did not tell a lie to Allah's Apostle which would have caused me to perish as those who have told a lie perished, for Allah described those who told lies with the worst description He ever attributed to anybody else. Allah said:-- "They (i.e. the hypocrites) will swear by Allah to you when you return to them (up to His Saying) Certainly Allah is not pleased with the rebellious people-- " (9.95-96) Ka`b added, "We, the three persons, differed altogether from those whose excuses Allah's Apostle accepted when they swore to him. He took their pledge of allegiance and asked Allah to forgive them, but Allah's Apostle left our case pending till Allah gave His Judgment about it. As for that Allah said):-- And to the three (He did for give also) who remained behind." (9.118) What Allah said (in this Verse) does not indicate our failure to take part in the Ghazwa, but it refers to the deferment of making a decision by the Prophet about our case in contrast to the case of those who had taken an oath before him and he excused them by accepting their excuses.