Who had taken part in the battle of Badr with Allah's Apostle and had been amongst his companions on the night of Al-`Aqaba Pledge: Allah's Apostle, surrounded by a group of his companions said, "Come along and give me the pledge of allegiance that you will not worship anything besides Allah, will not steal, will not commit illegal sexual intercourse will not kill your children, will not utter; slander, invented by yourself, and will not disobey me if I order you to do something good. Whoever among you will respect and fulfill this pledge, will be rewarded by Allah. And if one of you commits any of these sins and is punished in this world then that will be his expiation for it, and if one of you commits any of these sins and Allah screens his sin, then his matter, will rest with Allah: If He will, He will punish him and if He will,. He will excuse him." So I gave the pledge of allegiance to him for these conditions.

We took part in the Ghazwa of Najd along with Allah's Apostle and when the time for the afternoon rest approached while he was in a valley with plenty of thorny trees, he dismounted under a tree and rested in its shade and hung his sword (on it). The people dispersed amongst the trees in order to have shade. While we were in this state, Allah's Apostle called us and we came and found a bedouin sitting in front of him. The Prophet said, "This (Bedouin) came to me while I was asleep, and he took my sword stealthily. I woke up while he was standing by my head, holding my sword without its sheath. He said, 'Who will save you from me?' I replied, 'Allah.' So he sheathed it (i.e. the sword) and sat down, and here he is." But Allah's Apostle did not punish him.

Abu Dawud said: Ibn Numair transmitted it from al-A'mash in a similar way.

The narrator Humaid added: When any of you comes for praying, he should walk as usual (i.e. he should not hasten and run quickly); then he should pray as much as he finds it (along with the imam), and should offer the part of the prayer himself (when the prayer is finished) which the Imam had offered before him.

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."

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

Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

Sahl bin Sa`d said that a woman brought a Burda (sheet) to the Prophet. Sahl asked the people, "Do you know what is a Burda?" The people replied, "It is a 'Shamla', a sheet with a fringe." That woman said, "O Allah's Apostle! I have brought it so that you may wear it." So the Prophet took it because he was in need of it and wore it. A man among his companions, seeing him wearing it, said, "O Allah's Apostle! Please give it to me to wear." The Prophet said, "Yes." (and gave him that sheet). When the Prophet left, the man was blamed by his companions who said, "It was not nice on your part to ask the Prophet for it while you know that he took it because he was in need of it, and you also know that he (the Prophet) never turns down anybody's request that he might be asked for." That man said, "I just wanted to have its blessings as the Prophet had put it on, so l hoped that I might be shrouded in it."

Allah's Apostle said, "When the Day of Resurrection approaches, the dreams of a believer will hardly fail to come true, and a dream of a believer is one of forty-six parts of prophetism, and whatever belongs to prothetism can never be false." Muhammad bin Seereen said, "But I say this." He said, "It used to be said, 'There are three types of dreams: The reflection of one's thoughts and experiences one has during wakefulness, what is suggested by Satan to frighten the dreamer, or glad tidings from Allah. So, if someone has a dream which he dislikes, he should not tell it to others, but get up and offer a prayer." He added, "He (Abu Huraira) hated to see a Ghul (i.e., iron collar around his neck in a dream) and people liked to see fetters (on their feet in a dream). The fetters on the feet symbolizes one's constant and firm adherence to religion." And Abu `Abdullah said, "Ghuls (iron collars) are used only for necks."

`Aisha said, "O my head!" Allah's Apostle said, "If that (i.e., your death) should happen while I am still alive, I would ask Allah to forgive you and would invoke Allah for you." `Aisha said, "O my life which is going to be lost! By Allah, I think that you wish for my death, and if that should happen then you would be busy enjoying the company of one of your wives in the last part of that day." The Prophet said, "But I should say, 'O my head!' I feel like calling Abu Bakr and his son and appoint (the former as my successors lest people should say something or wish for something. Allah will insist (on Abu Bakr becoming a Caliph) and the believers will prevent (anyone else from claiming the Caliphate)," or "..Allah will prevent (anyone else from claiming the Caliphate) and the believers will insist (on Abu Bakr becoming the Caliph).

Abu Huraira said, "You people claim that Abu Huraira narrates many narrations of Allah's Apostle. (Anyhow) with Allah will be our appointment. I was a poor man, and used to stick to Allah's Apostle contented with what will fill my stomach, and the Muhajirin (emigrants) used to be busy trading in the markets, and the Ansar used to be busy looking after their properties. One-day I heard Allah's Apostle saying, 'Who will spread his Rida' (a garment covering the upper part of the body) till I finished my speech and then fold it, (i.e. wrap it over your body), in which case he will never forget anything he had heard from me." So I spread my garment which I was wearing; and by Him Who sent Muhammad with the Truth, ever since, I have never forgotten whatever I heard from him (the Prophet)" (See, Hadith No. 119, Vol. 1)

Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca that he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn Umar al-Ansari, both of the tribe of Banu Salami, had their grave uncovered by a flood. Their grave was part of what was left after the flood. They were in the same grave, and they were among those martyred at Uhud. They were dug up so that they might be moved. They were found unchanged. It was as if they had died only the day before. One of them had been wounded, and he had put his hand over his wound and had been buried like that. His hand was pulled away from his wound and released, and it returned to where it had been. It was forty-six years between Uhud and the day they were dug up.

Malik said, "There is no harm in burying two or three men in the same grave due to necessity. The oldest one is put next to the qibla."

who took part in the battle of Badr and was a Naqib (a person heading a group of six persons), on the night of Al-'Aqaba pledge: Allah's Apostle said while a group of his companions were around him, "Swear allegiance to me for:

1. Not to join anything in worship along with Allah.

2. Not to steal.

3. Not to commit illegal sexual intercourse.

4. Not to kill your children.

5. Not to accuse an innocent person (to spread such an accusation among people).

6. Not to be disobedient (when ordered) to do good deed."

The Prophet added: "Whoever among you fulfills his pledge will be rewarded by Allah. And whoever indulges in any one of them (except the ascription of partners to Allah) and gets the punishment in this world, that punishment will be an expiation for that sin. And if one indulges in any of them, and Allah conceals his sin, it is up to Him to forgive or punish him (in the Hereafter)." 'Ubada bin As-Samit added: "So we swore allegiance for these." (points to Allah's Apostle)

Shayban al-Qatbani reported that Maslamah ibn Mukhallad made Ruwayfi' ibn Thabit the governor of the lower parts (of Egypt). He added: We travelled with him from Kum Sharik to Alqamah or from Alqamah to Kum Sharik (the narrator doubts) for Alqam.

Ruwayfi' said: Any one of us would borrow a camel during the lifetime of the Prophet (saws) from the other, on condition that he would give him half the booty, and the other half he would retain himself.

Further, one of us received an arrowhead and a feather, and the other an arrow-shaft as a share from the booty.

He then reported: The Messenger of Allah (saws) said: You may live for a long time after I am gone, Ruwayfi', so, tell people that if anyone ties his beard or wears round his neck a string to ward off the evil eye, or cleanses himself with animal dung or bone, Muhammad has nothing to do with him.

While the Prophet was in the state of prostration, surrounded by a group of people from Quraish pagans. `Uqba bin Abi Mu'ait came and brought the intestines of a camel and threw them on the back of the Prophet . The Prophet did not raise his head from prostration till Fatima (i.e. his daughter) came and removed those intestines from his back, and invoked evil on whoever had done (the evil deed). The Prophet said, "O Allah! Destroy the chiefs of Quraish, O Allah! Destroy Abu Jahl bin Hisham, `Utba bin Rabi`a, Shaiba bin Rabi`a, `Uqba bin Abi Mu'ait, Umaiya bin Khalaf (or Ubai bin Kalaf)." Later on I saw all of them killed during the battle of Badr and their bodies were thrown into a well except the body of Umaiya or Ubai, because he was a fat person, and when he was pulled, the parts of his body got separated before he was thrown into the well.

I spent a night with the Prophet (saws) to see how he prayed. He got up, performed ablution and prayed two rak'ahs. His standing was like his bowing (i.e. equal in duration), and his bowing was like his prostration (equal in length). Then he slept. Afterwards he awoke, performed ablution, and used tooth-stick. He then recited five verses from Surah Al-'Imran : "In the creation of the heavens and the earth and the alternation of night and day". He went on doing so till he prayed ten rak'ahs. He then stood up and prayed one rak'ah observing witr with it. In the meantime the mu'adhdhin called to prayer. The Messenger of Allah (saws) stood up after the mu'adhdhin had kept silent. He prayed two light rak'ahs and remained sitting till he offered the dawn prayer.

Abu Dawud said: A part of the tradition transmitted by Ibn Bashshar remained hidden from me.

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

Jarir said "Allah's Apostle said to me, "Won't you relieve me from Dhul-Khalasa?" I replied, "Yes, (I will relieve you)." So I proceeded along with one-hundred and fifty cavalry from Ahmas tribe who were skillful in riding horses. I used not to sit firm over horses, so I informed the Prophet of that, and he stroke my chest with his hand till I saw the marks of his hand over my chest and he said, O Allah! Make him firm and one who guides others and is guided (on the right path).' Since then I have never fallen from a horse. Dhul-l--Khulasa was a house in Yemen belonging to the tribe of Khatham and Bajaila, and in it there were idols which were worshipped, and it was called Al-Ka`ba." Jarir went there, burnt it with fire and dismantled it. When Jarir reached Yemen, there was a man who used to foretell and give good omens by casting arrows of divination. Someone said to him. "The messenger of Allah's Apostle is present here and if he should get hold of you, he would chop off your neck." One day while he was using them (i.e. arrows of divination), Jarir stopped there and said to him, "Break them (i.e. the arrows) and testify that None has the right to be worshipped except Allah, or else I will chop off your neck." So the man broke those arrows and testified that none has the right to be worshipped except Allah. Then Jarir sent a man called Abu Artata from the tribe of Ahmas to the Prophet to convey the good news (of destroying Dhu-l-Khalasa). So when the messenger reached the Prophet, he said, "O Allah's Apostle! By Him Who sent you with the Truth, I did not leave it till it was like a scabby camel." Then the Prophet blessed the horses of Ahmas and their men five times.

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al- Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' "

Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them."

While I was taking part in a Ghazwa. I heard `Abdullah bin Ubai (bin Abi Salul) saying. "Don't spend on those who are with Allah's Apostle, that they may disperse and go away from him. If we return (to Medina), surely, the more honorable will expel the meaner amongst them." I reported that (saying) to my uncle or to `Umar who, in his turn, informed the Prophet of it. The Prophet called me and I narrated to him the whole story. Then Allah's Apostle sent for `Abdullah bin Ubai and his companions, and they took an oath that they did not say that. So Allah's Apostle disbelieved my saying and believed his. I was distressed as I never was before. I stayed at home and my uncle said to me. "You just wanted Allah's Apostle to disbelieve your statement and hate you." So Allah revealed (the Sura beginning with) 'When the hypocrites come to you.' (63.1) The Prophet then sent for me and recited it and said, "O Zaid! Allah confirmed your statement."

I was with Allah's Apostle in a Ghazwa, and when we returned, I wanted to hurry, while riding a slow camel. A rider came behind me. I looked back and saw that the rider was Allah's Apostle . He said (to me), "What makes you in such a hurry?" I replied, "I am newly married." He said, "Did you marry a virgin or a matron?" I replied, "(Not a virgin but) a matron." He said, "Why didn't you marry a young girl with whom you could play and who could play with you?" Then when we approached (Medina) and were going to enter (it), the Prophet said, "Wait till you enter (your homes) at night (in the first part of the night) so that the ladies with unkempt hair may comb their hair, and those whose husbands have been absent (for a long time) may shave their pubic hair." (The sub-narrator, Hashim said: A reliable narrator told me that the Prophet added in this Hadith: "(Seek to beget) children! Children, O Jabir!")

We were one hundred and thirty men sitting with the Prophet. The Prophet said, "Have anyone of you any food with him?" It happened that one man had one Sa of wheat flour (or so) which was turned into dough then. After a while a tall lanky pagan came, driving some sheep. The Prophet asked, 'Will you sell us (a sheep), or give (it to) us as a gift?" The pagan said, "No, but I will sell it " So the Prophet bought from him a sheep which was slaughtered, and then the Prophet ordered that the liver, the kidneys, lungs and heart, etc., of that sheep be roasted. By Allah, none of those one hundred and thirty men but had his share of those things. The Prophet gave to those who were present, and also kept a share for those who were absent He then served that cooked sheep in two big trays and we all ate together our fill; yet there remained a part of it in those two trays which I carried on the camel.

The Prophet (p.b.u.h) said, "Seven people will be shaded by Allah under His shade on the day when there will be no shade except His. They are: (1) a just ruler; (2) a young man who has been brought up in the worship of Allah, (i.e. worship Allah (Alone) sincerely from his childhood), (3) a man whose heart is attached to the mosque (who offers the five compulsory congregational prayers in the mosque); (4) two persons who love each other only for Allah's sake and they meet and part in Allah's cause only; (5) a man who refuses the call of a charming woman of noble birth for an illegal sexual intercourse with her and says: I am afraid of Allah; (6) a person who practices charity so secretly that his left hand does not know what his right hand has given (i.e. nobody knows how much he has given in charity). (7) a person who remembers Allah in seclusion and his eyes get flooded with tears."

I heard that the people asked the Prophet of Allah (saws): Water is brought for you from the well of Buda'ah. It is a well in which dead dogs, menstrual clothes and excrement of people are thrown. The Messenger of Allah (saws) replied: Verily water is pure and is not defiled by anything.

Abu Dawud said I heard Qutaibah b. Sa'id say: I asked the person in charge of the well of Bud'ah about the depth of the well. He replied: At most the water reaches pubes. Then I asked: Where does it reach when its level goes down ? He replied: Below the private part of the body.

Abu Dawud said: I measured the breadth of the well of Buda'ah with my sheet which I stretched over it. I them measured it with the hand. It measured six cubits in breadth. I then asked the man who opened the door of garden for me and admitted me to it: Has the condition of this well changed from what it had originally been in the past ? He replied: No. I saw the color of water in this well had changed.

I saw Marwan bin Al-Hakam sitting in the Mosque. So I came forward and sat by his side. He told us that Zaid bin Thabit had told him that Allah's Apostle had dictated to him the Divine Verse: "Not equal are those believers who sit (at home) and those who strive hard and fight in the Cause of Allah with their wealth and lives.' (4.95) Zaid said, "Ibn-Maktum came to the Prophet while he was dictating to me that very Verse. On that Ibn Um Maktum said, "O Allah's Apostle! If I had power, I would surely take part in Jihad." He was a blind man. So Allah sent down revelation to His Apostle while his thigh was on mine and it became so heavy for me that I feared that my thigh would be broken. Then that state of the Prophet was over after Allah revealed "...except those who are disabled (by injury or are blind or lame etc.) (4.95)

Abu Dawud said : All the sound traditions narrated by ‘ Uthman indicated that the head is to be wiped once, because they mentioned (the washing of each part in) ablution three times. In their versions of tradition they mentioned the wordings: “he wiped his head.” In this case they did not mention any number as they did in other cases.

Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.

"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals."

Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form.' Then he is given his due immediately."

Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."

Safiya got her menses on the night of Nafr (departure from Hajj), and she said, "I see that I will detain you." The Prophet said, "Aqra Halqa! Did she perform the Tawaf on the Day of Nahr (slaughtering)?" Somebody replied in the affirmative. He said, "Then depart." (Different narrators mentioned that) `Aisha said, "We set out with Allah''s Apostle (from Medina) with the intention of performing Hajj only. When we reached Mecca, he ordered us to finish the Ihram. When it was the night of Nafr (departure), Safiya bint Huyay got her menses. The Prophet said, "Halqa Aqra! I think that she will detain you," and added, "Did you perform the Tawaf (Al-Ifada) on the Day of Nahr (slaughtering)?" She replied, "Yes." He said, "Then depart." I said, "O Allah''s Apostle! I have not (done the Umra)." He replied, "Perform `Umra from Tan`im." My brother went with me and we came across the Prophet in the last part of the night. He said, "Wait at such and such a place."

Ikrimah reported on the authority of Ibn Abbas, saying: I think the Messenger of Allah (saws) said: When one of you prays without a sutrah, a dog, an ass, a pig, a Jew, a Magian, and a woman cut off his prayer, but it will suffice if they pass in front of him at a distance of over a stone's throw.

Abu Dawud said: There is something about this tradition in my heart. I used to discuss it with Ibrahim and others. I did not find anyone who narrated it from Hisham and knew it. I did not know anyone who reported it from Hisham and knew it. I did not know anyone who related it from Hisham. I think the confusion is on the part of Ibn Abi Saminah that is, Muhammad b. Isma'il al-Basri, the freed slave of Banu Hisham. In this tradition the mention of words "a Magian" is rejected; the mention of the words "at a stone's throw" and "a pig" is rejected.

Abu Dawud said: I did not hear this tradition except from Muhammad b. Isma'il b. Samurrah and I think he was mistaken because he used to narrate to us from his memory.

(who was an ally of Bam `Amr bin Lu'ai and one of those who had taken part in (the Ghazwa of) Badr): Allah's Apostle sent Abu 'Ubaida bin Al-Jarreh to Bahrain to collect the Jizya. Allah's Apostle had established peace with the people of Bahrain and appointed Al-`Ala' bin Al-Hadrami as their governor. When Abu 'Ubaida came from Bahrain with the money, the Ansar heard of Abu 'Ubaida's arrival which coincided with the time of the morning prayer with the Prophet. When Allah's Apostle led them in the morning prayer and finished, the Ansar approached him, and he looked at them and smiled on seeing them and said, "I feel that you have heard that Abu. 'Ubaida has brought something?" They said, "Yes, O Allah's Apostle' He said, "Rejoice and hope for what will please you! By Allah, I am not afraid of your poverty but I am afraid that you will lead a life of luxury as past nations did, whereupon you will compete with each other for it, as they competed for it, and it will destroy you as it destroyed them."

A black lady slave of some of the 'Arabs embraced Islam and she had a hut in the mosque. She used to visit us and talk to us, and when she finished her talk, she used to say: "The day of the scarf was one of our Lord's wonders: Verily! He has delivered me from the land of Kufr." When she said the above verse many times, I (i.e. `Aisha) asked her, "What was the day of the scarf?" She replied, "Once the daughter of some of my masters went out and she was wearing a leather scarf (round her neck) and the leather scarf fell from her and a kite descended and picked it up, mistaking it for a piece of meat. They (i.e. my masters) accused me of stealing it and they tortured me to such an extent that they even looked for it in my private parts. So, while they all were around me, and I was in my great distress, suddenly the kite came over our heads and threw the scarf, and they took it. I said to them 'This is what you accused me of stealing, though I was innocent."

I spent a night with the Prophet (sal Allaahu alayhi wa sallam). When he woke up from his sleep (in the latter part of the night for prayer) he came to his ablution water. He took the tooth-stick and used it. He then recited the verse: "Verily in the creation of the heavens and the earth and the alternation of the night and the day are tokens (of His Sovereignty) for men of understanding" (iii-190). He recited these verses up to the end of the chapter or he finished the whole chapter. He then performed ablution and came to the place of prayer. He then said two rak'ahs of prayer. He then lay down on the bed and slept as much as Allaah wished. He then got up and did the same. He then lay down and slept. He then got up and did the same. Every time he used the tooth-stick and offered two rak'ah of prayer. He then offered the prayer known as witr.

Abu Dawud said: Fudail on the authority if Husain reported the wording: He then used the tooth-stick and performed ablution while he was reciting the verses: "Verily in the creation of the heaves and the earth..." until he finished the chapter.

(the son of Muhib) An Egyptian who came and performed the Hajj to the Ka`ba saw some people sitting. He enquire, "Who are these people?" Somebody said, "They are the tribe of Quraish." He said, "Who is the old man sitting amongst them?" The people replied, "He is `Abdullah bin `Umar." He said, "O Ibn `Umar! I want to ask you about something; please tell me about it. Do you know that `Uthman fled away on the day (of the battle) of Uhud?" Ibn `Umar said, "Yes." The (Egyptian) man said, "Do you know that `Uthman was absent on the day (of the battle) of Badr and did not join it?" Ibn `Umar said, "Yes." The man said, "Do you know that he failed to attend the Ar Ridwan pledge and did not witness it (i.e. Hudaibiya pledge of allegiance)?" Ibn `Umar said, "Yes." The man said, "Allahu Akbar!" Ibn `Umar said, "Let me explain to you (all these three things). As for his flight on the day of Uhud, I testify that Allah has excused him and forgiven him; and as for his absence from the battle of Badr, it was due to the fact that the daughter of Allah's Apostle was his wife and she was sick then. Allah's Apostle said to him, "You will receive the same reward and share (of the booty) as anyone of those who participated in the battle of Badr (if you stay with her).' As for his absence from the Ar-Ridwan pledge of allegiance, had there been any person in Mecca more respectable than `Uthman (to be sent as a representative). Allah's Apostle would have sent him instead of him. No doubt, Allah's Apostle had sent him, and the incident of the Ar-Ridwan pledge of Allegiance happened after `Uthman had gone to Mecca. Allah's Apostle held out his right hand saying, 'This is `Uthman's hand.' He stroke his (other) hand with it saying, 'This (pledge of allegiance) is on the behalf of `Uthman.' Then Ibn `Umar said to the man, 'Bear (these) excuses in mind with you.'

That the Prophet sent his uncle, the brother of Um Sulaim at the head of seventy riders. The chief of the pagans, 'Amir bin at-Tufail proposed three suggestions (to the Prophet ) saying, "Choose one of three alternatives: (1) that the bedouins will be under your command and the townspeople will be under my command; (2) or that I will be your successor, (3) or otherwise I will attack you with two thousand from Bani Ghatafan." But 'Amir was infected with plague in the House of Um so-and-so. He said, "Shall I stay in the house of a lady from the family of so-and-so after having a (swelled) gland like that she-camel? Get me my horse." So he died on the back of his horse. Then Haram, the brother of Um Sulaim and a lame man along with another man from so-and-so (tribe) went towards the pagans (i.e. the tribe of 'Amir). Haram said (to his companions), "Stay near to me, for I will go to them. If they (i.e. infidels) should give me protection, you will be near to me, and if they should kill me, then you should go back to your companions. Then Haram went to them and said, "Will you give me protection so as to convey the message of Allah's Apostle ?" So, he started talking to them' but they signalled to a man (to kill him) and he went behind him and stabbed him (with a spear). He (i.e. Haram) said, "Allahu Akbar! I have succeeded, by the Lord of the Ka`ba!" The companion of Haram was pursued by the infidels, and then they (i.e. Haram's companions) were all killed except the lame man who was at the top of a mountain. Then Allah revealed to us a verse that was among the cancelled ones later on. It was: 'We have met our Lord and He is pleased with us and has made us pleased.' (After this event) the Prophet invoked evil on the infidels every morning for 30 days. He invoked evil upon the (tribes of) Ril, Dhakwan, Bani Lihyan and Usaiya who disobeyed Allah and His Apostle.

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

Yazid al-Farisi said: I heard Ibn Abbas say: I asked Uthman ibn Affan: What moved you to put the (Surah) al-Bara'ah which belongs to the mi'in (surahs) (containing one hundred verses) and the (Surah) al-Anfal which belongs to the mathani (Surahs) in the category of as-sab'u at-tiwal (the first long surah or chapters of the Qur'an), and you did not write "In the name of Allah, the Compassionate, the Merciful" between them?

Uthman replied: When the verses of the Qur'an were revealed to the Prophet (saws), he called someone to write them down for him and said to him: Put this verse in the surah in which such and such has been mentioned; and when one or two verses were revealed, he used to say similarly (regarding them). (Surah) al-Anfal is the first surah that was revealed at Medina, and (Surah) al-Bara'ah was revealed last in the Qur'an, and its contents were similar to those of al-Anfal. I, therefore, thought that it was a part of al-Anfal. Hence I put them in the category of as-sab'u at-tiwal (the seven lengthy surahs), and I did not write "In the name of Allah, the Compassionate, the Merciful" between them.

When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon `Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. `Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas`ud came to the Prophet and `Abdur Rahman intended to talk, but the Prophet said (to him), "Let the eldest of you speak." as `Abdur-Rahman was the youngest:. `Abdur-Rahman kept silent and the other two spoke. The Prophet said, "If you swear as to who has committed the murder, you will have the right to take your right from the murderer." They said, "How should we swear if we did not witness the murder or see the murderer?" The Prophet said, "Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder)." The!y said, "How should we believe in the oaths of infidels?" So, the Prophet himself paid the blood money (of `Abdullah). (See Hadith No. 36 Vol. 9.)

`Ali demanded the hand of the daughter of Abu Jahl. Fatima heard of this and went to Allah's Apostle saying, "Your people think that you do not become angry for the sake of your daughters as `Ali is now going to marry the daughter of Abu Jahl. "On that Allah's Apostle got up and after his recitation of Tashah-hud. I heard him saying, "Then after! I married one of my daughters to Abu Al-`As bin Al- Rabi` (the husband of Zainab, the daughter of the Prophet ) before Islam and he proved truthful in whatever he said to me. No doubt, Fatima is a part of me, I hate to see her being troubled. By Allah, the daughter of Allah's Apostle and the daughter of Allah's Enemy cannot be the wives of one man." So `Ali gave up that engagement. 'Al-Miswar further said: I heard the Prophet talking and he mentioned a son-in-law of his belonging to the tribe of Bani `Abd-Shams. He highly praised him concerning that relationship and said (whenever) he spoke to me, he spoke the truth, and whenever he promised me, he fulfilled his promise."

Abu Dawud said: Musaddad said: I asked ‘Abd Allah b. Dawud whether they (the companions) disliked to make it a habit. He replied: it (the tradition) goes in a similar way and I found it in a similar way in this book of mine.