86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'

"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

Mujammi' was one of the Qur'an-reciters (qaris), and he said: We were present with the Messenger of Allah (saws) at al-Hudaybiyyah. When we returned, the people were driving their camels quickly.

The people said to one another: What is the matter with them?

They said: Revelation has come down to the Prophet (saws). We also proceeded with the people, galloping (our camels). We found the Prophet (saws) standing on his riding-animal at Kura' al-Ghamim.

When the people gathered near him, he recited: "Verily We have granted thee a manifest victory.

A man asked: Is this a victory, Messenger of Allah? He replied: Yes. By Him in Whose hands the soul of Muhammad is, this is a victory. Khaybar was divided among those who had been at al-Hudaybiyyah, and the Messenger of Allah (saws) divided it into eighteen portions. The army consisted of one thousand five hundred men, of which three hundred were cavalry, and he gave two shares to a horseman and one to a foot-soldier.

Abu Dawud said: Abu Mu'awiyah's tradition is sounder, and it is one which is followed. I think the error is in the tradition of Mujammi', because he said: "three hundred horsemen." when there were only two hundred.

The tradition mentioned above (No. 4232) has also been transmitted through a different chain of narrators by Nasr ibn Asim al-Laythi who said: We came to al-Yashkuri with a group of the people of Banu Layth.

He asked: Who are these people? We replied: Banu Layth. We have come to you to ask you about the tradition of Hudhayfah. He then mentioned the tradition and said: I asked: Messenger of Allah, will there be evil after this good?

He replied: There will be trial (fitnah) and evil. I asked: Messenger of Allah, will there be good after this evil? He replied: Learn the Book of Allah, Hudhayfah, and adhere to its contents. He said it three times.

I asked: Messenger of Allah, will there be good after this evil? He replied: An illusory truce and a community with specks in its eye. I asked: Messenger of Allah, what do you mean by an illusory community?

He replied: The hearts of the people will not return to their former condition. I asked: Messenger of Allah, will there be evil after this good? He replied: There will be wrong belief which will blind and deafen men to the truth in which there will be summoners at the gates of Hell. If you, Hudhayfah, die adhering to a stump, it will be better for you than following any of them.

I heard the Messenger of Allah (saws) say: There were two men among Banu Isra'il, who were striving for the same goal. One of them would commit sin and the other would strive to do his best in the world. The man who exerted himself in worship continued to see the other in sin.

He would say: Refrain from it. One day he found him in sin and said to him: Refrain from it.

He said: Leave me alone with my Lord. Have you been sent as a watchman over me? He said: I swear by Allah, Allah will not forgive you, nor will he admit you to Paradise. Then their souls were taken back (by Allah), and they met together with the Lord of the worlds.

He (Allah) said to this man who had striven hard in worship; Had you knowledge about Me or had you power over that which I had in My hand? He said to the man who sinned: Go and enter Paradise by My mercy. He said about the other: Take him to Hell.

AbuHurayrah said: By Him in Whose hand my soul is, he spoke a word by which this world and the next world of his were destroyed.

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

'Uyaina bin Hisn bin Hudhaifa came and stayed with his nephew Al-Hurr bin Qais who was one of those whom `Umar used to keep near him, as the Qurra' (learned men knowing Qur'an by heart) were the people of `Umar's meetings and his advisors whether they were old or young. 'Uyaina said to his nephew, "O son of my brother! You have an approach to this chief, so get for me the permission to see him." Al-Hurr said, "I will get the permission for you to see him." So Al-Hurr asked the permission for 'Uyaina and `Umar admitted him. When 'Uyaina entered upon him, he said, "Beware! O the son of Al-Khattab! By Allah, you neither give us sufficient provision nor judge among us with justice." Thereupon `Umar became so furious that he intended to harm him, but Al-Hurr said, "O chief of the Believers! Allah said to His Prophet: "Hold to forgiveness; command what is right; and leave (don't punish) the foolish." (7.199) and this (i.e. 'Uyaina) is one of the foolish." By Allah, `Umar did not overlook that Verse when Al-Hurr recited it before him; he observed (the orders of) Allah's Book strictly.

Two men had a dispute in the presence of Allah's Apostle. One of them said, "O Allah's Apostle! Judge between us according to Allah's Laws." The other who was wiser, said, "Yes, O Allah's Apostle! Judge between us according to Allah's Laws and allow me to speak. The Prophet said, "Speak." He said, "My son was a laborer serving this (person) and he committed illegal sexual intercourse with his wife, The people said that my son is to be stoned to death, but I ransomed him with one-hundred sheep and a slave girl. Then I asked the learned people, who informed me that my son should receive one hundred lashes and will be exiled for one year, and stoning will be the lot for the man's wife." Allah's Apostle said, "Indeed, by Him in Whose Hand my soul is, I will judge between you according to Allah's Laws: As for your sheep and slave girl, they are to be returned to you." Then he scourged his son one hundred lashes and exiled him for one year. Then Unais Al- Aslami was ordered to go to the wife of the second man, and if she confessed (the crime), then stone her to death. She did confess, so he stoned her to death.

Hudhaifa bin Al-Yaman came to `Uthman at the time when the people of Sham and the people of Iraq were Waging war to conquer Arminya and Adharbijan. Hudhaifa was afraid of their (the people of Sham and Iraq) differences in the recitation of the Qur'an, so he said to `Uthman, "O chief of the Believers! Save this nation before they differ about the Book (Qur'an) as Jews and the Christians did before." So `Uthman sent a message to Hafsa saying, "Send us the manuscripts of the Qur'an so that we may compile the Qur'anic materials in perfect copies and return the manuscripts to you." Hafsa sent it to `Uthman. `Uthman then ordered Zaid bin Thabit, `Abdullah bin AzZubair, Sa`id bin Al-As and `AbdurRahman bin Harith bin Hisham to rewrite the manuscripts in perfect copies. `Uthman said to the three Quraishi men, "In case you disagree with Zaid bin Thabit on any point in the Qur'an, then write it in the dialect of Quraish, the Qur'an was revealed in their tongue." They did so, and when they had written many copies, `Uthman returned the original manuscripts to Hafsa. `Uthman sent to every Muslim province one copy of what they had copied, and ordered that all the other Qur'anic materials, whether written in fragmentary manuscripts or whole copies, be burnt.

Yahya related to me from Malik from Abd al-Malik ibn Qurayr from Muhammad ibn Sirin that a man came to Umar ibn al-Khattab and said, "I was racing a friend on horseback towards a narrow mountain trail and we killed a gazelle accidently and we were in ihram. What is your opinion?" Umar said to a man by his side, "Come, so that you and I may make an assessment." They decided on a female goat for him, and the man turned away saying, "This amir al-muminin cannot even make an assessment in the case of a gazelle until he calls a man to decide with him." Umar overheard the man's words and called him and asked him, "Do you recite surat al-Ma'ida?" and he said, "No." He said, "Then do you recognize this man who has taken the decision with me?" and he said, "No." He said, "If you had told me that you did recite surat al-Ma'ida, I would have dealt you a blow." Then he said, "Allah the Blessed, the Exalted says in His Book, 'as shall be judged by two men of justice among you, a sacrificial animal to reach the Kaba' (Sura 5 ayat 95), and this is Abd ar-Rahman ibn Awf."

The Messenger of Allah (saws) said: The best day on which the sun has risen is Friday; on it Adam was created, on it he was expelled (from Paradise), on it his contrition was accepted, on it he died, and on it the Last Hour will take place. On Friday every beast is on the lookout from dawn to sunrise in fear of the Last Hour, but not jinn and men, and it contains a time at which no Muslim prays and asks anything from Allah but He will give it to him. Ka'b said: That is one day every year. So I said: It is on every Friday. Ka'b read the Torah and said: The Messenger of Allah (saws) has spoken the truth. AbuHurayrah said: I met Abdullah ibn Salam and told him of my meeting with Ka'b. Abdullah ibn Salam said: I know what time it is. AbuHurayrah said: I asked him to tell me about it. Abdullah ibn Salam said: It is at the very end of Friday. I asked: How can it be when the Messenger of Allah (saws) has said: "No Muslim finds it while he is praying...." and this is the moment when no prayer is offered. Abdullah ibn Salam said: Has the Messenger of Allah (saws) not said: "If anyone is seated waiting for the prayer, he is engaged in the prayer until he observes it." I said: Yes, it is so.

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

On the day when Mecca was conquered, the Messenger of Allah (saws) gave protection to the People except four men and two women and he named them. Ibn AbuSarh was one of them.

He then narrated the tradition. He said: Ibn AbuSarh hid himself with Uthman ibn Affan. When the Messenger of Allah (saws) called the people to take the oath of allegiance, he brought him and made him stand before the Messenger of Allah (saws). He said: Messenger of Allah, receive the oath of allegiance from him. He raised his head and looked at him thrice, denying him every time. After the third time he received his oath. He then turned to his Companions and said: Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him? They replied: We do not know, Messenger of Allah, what lies in your heart; did you not give us an hint with your eye? He said: It is not proper for a Prophet to have a treacherous eye.

Abu Dawud said: 'Abd Allah (b. Abi Sarh) was the foster brother of 'Uthman, and Walid b. 'Uqbah was his brother by mother, and 'Uthman inflicted on him hadd punishment when he drank wine.

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two men brought a dispute to the Messenger of Allah, may Allah bless him and grant him peace. One of them said, "Messenger of Allah! Judge between us by the Book of Allah!" The other said, and he was the wiser of the two, "Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak." He said, "Speak." He said, "My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned." The Messenger of Allah, may Allah bless him and grant him peace, said, "By him in whose Hand myself is, I will judge between you by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year." He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed . She confessed and he stoned her.

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

We witnessed along with Allah's Apostle the Khaibar (campaign). Allah's Apostle told his companions about a man who claimed to be a Muslim, "This man is from the people of the Fire." When the battle started, the man fought very bravely and received a great number of wounds and got crippled. On that, a man from among the companions of the Prophet came and said, "O Allah's Apostle! Do you know what the man you described as of the people of the Fire has done? He has fought very bravely for Allah's Cause and he has received many wounds." The Prophet said, "But he is indeed one of the people of the Fire." Some of the Muslims were about to have some doubt about that statement. So while the man was in that state, the pain caused by the wounds troubled him so much that he put his hand into his quiver and took out an arrow and committed suicide with it. Off went some men from among the Muslims to Allah's Apostle and said, "O Allah's Apostle! Allah has made your statement true. So-and-so has committed suicide." Allah's Apostle said, "O Bilal! Get up and announce in public: None will enter Paradise but a believer, and Allah may support this religion (Islam) with a wicked man."

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

The Prophet said, "The neighbor has more right to be taken care of by his neighbor (than anyone else)." Some men said, "If one wants to buy a house for 20,000 Dirhams then there is no harm to play a trick to deprive somebody of preemption by buying it (just on paper) with 20,000 Dirhams but paying to the seller only 9,999 Dirhams in cash and then agree with the seller to pay only one Dinar in cash for the rest of the price (i.e. 10,001 Dirhams). If the preemptor offers 20,000 Dirhams for the house, he can buy it otherwise he has no right to buy it (by this trick he got out of preemption). If the house proves to belong to somebody else other than the seller, the buyer should take back from the seller what he has paid, i.e., 9,999 Dirhams and one Dinar, because if the house proves to belong to somebody else, so the whole bargain (deal) is unlawful. If the buyer finds a defect in the house and it does not belong to somebody other than the seller, the buyer may return it and receive 20,000 Dirhams (instead of 9999 Dirham plus one Dinar) which he actually paid.' Abu `Abdullah said, "So that man allows (some people) the playing of tricks amongst the Muslims (although) the Prophet said, 'In dealing with Muslims one should not sell them sick (animals) or bad things or stolen things."

The Prophet employed Ibn Al-Utbiyya to collect Zakat from Bani Sulaim, and when he returned (with the money) to Allah's Apostle the Prophet called him to account, and he said, "This (amount) is for you, and this was given to me as a present." Allah's Apostle said, "Why don't you stay at your father's house or your mother's house to see whether you will be given gifts or not, if you are telling the truth?" Then Allah's Apostle stood up and addressed the people, and after glorifying and praising Allah, he said: Amma Ba'du (then after) I employ some men from among you for some job which Allah has placed in my charge, and then one of you comes to me and says, 'This (amount) is for you and this is a gift given to me.' Why doesn't he stay at the house of his father or the house of his mother and see whether he will be given gifts or not if he was telling the truth by Allah, none of you takes anything of it (i.e., Zakat) for himself (Hisham added: unlawfully) but he will meet Allah on the Day of Resurrection carrying it on his neck! I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah." Then the Prophet raised both his hands till I saw the whiteness of his armpits, and said, "(No doubt)! Haven't I conveyed Allah's Message!"

Uyaina bin Hisn bin Hudhaifa bin Badr came and stayed (at Medina) with his nephew Al-Hurr bin Qais bin Hisn who was one of those whom `Umar used to keep near him, as the Qurra' (learned men knowing Qur'an by heart) were the people of `Umar's meetings and his advisors whether they were old or young. 'Uyaina said to his nephew, "O my nephew! Have you an approach to this chief so as to get for me the permission to see him?" His nephew said, "I will get the permission for you to see him." (Ibn `Abbas added: ) So he took the permission for 'Uyaina, and when the latter entered, he said, "O the son of Al-Khattab! By Allah, you neither give us sufficient provision nor judge among us with justice." On that `Umar became so furious that he intended to harm him. Al-Hurr, said, "O Chief of the Believers!" Allah said to His Apostle 'Hold to forgiveness, command what is good (right), and leave the foolish (i.e. do not punish them).' (7.199) and this person is among the foolish." By Allah, `Umar did not overlook that Verse when Al-Hurr recited it before him, and `Umar said to observe (the orders of) Allah's Book strictly." (See Hadith No. 166, Vol. 6)

(the wife of the Prophet) "When the ailment of Allah's Apostle became aggravated, he requested his wives to permit him to be (treated) nursed in my house, and they gave him permission. He came out (to my house), walking between two men with his feet dragging on the ground, between `Abbas bin `Abdul--Muttalib and another man" 'Ubaidullah said, "I told `Abdullah of what `Aisha had said, `Abdullah bin `Abbas said to me, 'Do you know who is the other man whom `Aisha did not name?' I said, 'No.' Ibn `Abbas said, 'It was `Ali bin Abu Talib." `Aisha, the wife of the Prophet used to narrate saying, "When Allah's Apostle entered my house and his disease became aggravated, he said, " Pour on me the water of seven water skins, the mouths of which have not been untied, so that I may give advice to the people.' So we let him sit in a big basin belonging to Hafsa, the wife of the Prophet and then started to pour water on him from these water skins till he started pointing to us with his hands intending to say, 'You have done your job." `Aisha added, "Then he went out to the people and led them in prayer and preached to them."

"We were with `Aisha discussing the regularity of offering the prayer and dignifying it. She said, 'When Allah's Apostle fell sick with the fatal illness and when the time of prayer became due and Adhan was pronounced, he said, 'Tell Abu Bakr to lead the people in prayer.' He was told that Abu Bakr was a softhearted man and would not be able to lead the prayer in his place. The Prophet gave the same order again but he was given the same reply. He gave the order for the third time and said, 'You (women) are the companions of Joseph. Tell Abu Bakr to lead the prayer.' So Abu Bakr came out to lead the prayer. In the meantime the condition of the Prophet improved a bit and he came out with the help of two men one on each side. As if I was observing his legs dragging on the ground owing to the disease. Abu Bakr wanted to retreat but the Prophet beckoned him to remain at his place and the Prophet was brought till he sat beside Abu Bakr." Al-A`mash was asked, "Was the Prophet praying and Abu Bakr following him, and were the people following Abu Bakr in that prayer?" Al- A`mash replied in the affirmative with a nod of his head. Abu Muawiya said, "The Prophet was sitting on the left side of Abu Bakr who was praying while standing."

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

We got the news of the migration of the Prophet while we were in Yemen, so we set out migrating to him. We were, I and my two brothers, I being the youngest, and one of my brothers was Abu Burda and the other was Abu Ruhm. We were over fifty (or fifty-three or fifty two) men from our people. We got on board a ship which took us to An-Najashi in Ethiopia, and there we found Ja`far bin Abu Talib and his companions with An-Najaishi. Ja`far said (to us), "Allah's Apostle has sent us here and ordered us to stay here, so you too, stay with us." We stayed with him till we all left (Ethiopia) and met the Prophet at the time when he had conquered Khaibar. He gave us a share from its booty (or gave us from its booty). He gave only to those who had taken part in the Ghazwa with him. but he did not give any share to any person who had not participated in Khaibar's conquest except the people of our ship, besides Ja`far and his companions, whom he gave a share as he did them (i.e. the people of the ship).

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "

Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.

Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "

Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."

Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.

Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "

Malik said, "This is what I have heard about the matter."

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

Allah's Apostle said to Abu Talha, "Seek one of your boys to serve me." Abu Talha mounted me behind him (on his riding animal) and took me (to the Prophet ). So I used to serve Allah's Apostle whenever he dismounted (to stay somewhere). I used to hear him saying very often, "O Allah! I seek refuge with You from, having worries sadness, helplessness, laziness, miserliness, cowardice, from being heavily in debt and from being overpowered by other persons unjustly." I kept on serving till we -returned from the battle of Khaibar. The Prophet then brought Safiyya bint Huyai whom he had won from the war booty. I saw him folding up a gown or a garment for her to sit on behind him (on his shecamel). When he reached As-Sahba', he prepared Hais and placed it on a dining sheet. Then he sent me to invite men, who (came and) ate; and that was his and Safiyya's wedding banquet. Then the Prophet proceeded, and when he saw (noticed) the mountain of Uhud, he said, "This mountain loves us, and we love it." When we approached Medina, he said, "O Allah! I make the area between its two mountains a sanctuary as Abraham has made Mecca a sanctuary. O Allah! Bless their Mudd and Sa (special kinds of measure).

The Prophet once came out to us and said, "Some nations were displayed before me. A prophet would pass in front of me with one man, and another with two men, and another with a group of people. and another with nobody with him. Then I saw a great crowd covering the horizon and I wished that they were my followers, but it was said to me, 'This is Moses and his followers.' Then it was said to me, 'Look'' I looked and saw a big gathering with a large number of people covering the horizon. It was said, "Look this way and that way.' So I saw a big crowd covering the horizon. Then it was said to me, "These are your followers, and among them there are 70,000 who will enter Paradise without (being asked about their) accounts. " Then the people dispersed and the Prophet did not tell who those 70,000 were. So the companions of the Prophet started talking about that and some of them said, "As regards us, we were born in the era of heathenism, but then we believed in Allah and His Apostle . We think however, that these (70,000) are our offspring." That talk reached the Prophet who said, "These (70,000) are the people who do not draw an evil omen from (birds) and do not get treated by branding themselves and do not treat with Ruqya, but put their trust (only) in their Lord." then 'Ukasha bin Muhsin got up and said, "O Allah's Apostle! Am I one of those (70,000)?" The Prophet said, "Yes." Then another person got up and said, "Am I one of them?" The Prophet said, " 'Ukasha has anticipated you."

A man called Labid bin al-A'sam from the tribe of Bani Zaraiq worked magic on Allah's Apostle till Allah's Apostle started imagining that he had done a thing that he had not really done. One day or one night he was with us, he invoked Allah and invoked for a long period, and then said, "O `Aisha! Do you know that Allah has instructed me concerning the matter I have asked him about? Two men came to me and one of them sat near my head and the other near my feet. One of them said to his companion, "What is the disease of this man?" The other replied, "He is under the effect of magic.' The first one asked, 'Who has worked the magic on him?' The other replied, "Labid bin Al-A'sam.' The first one asked, 'What material did he use?' The other replied, 'A comb and the hairs stuck to it and the skin of pollen of a male date palm.' The first one asked, 'Where is that?' The other replied, '(That is) in the well of Dharwan;' " So Allah's Apostle along with some of his companions went there and came back saying, "O `Aisha, the color of its water is like the infusion of Henna leaves. The tops of the date-palm trees near it are like the heads of the devils." I asked. "O Allah's Apostle? Why did you not show it (to the people)?" He said, "Since Allah cured me, I disliked to let evil spread among the people." Then he ordered that the well be filled up with earth.

The Prophet continued for such-and-such period imagining that he has slept (had sexual relations) with his wives, and in fact he did not. One day he said, to me, "O `Aisha! Allah has instructed me regarding a matter about which I had asked Him. There came to me two men, one of them sat near my feet and the other near my head. The one near my feet, asked the one near my head (pointing at me), 'What is wrong with this man? The latter replied, 'He is under the effect of magic.' The first one asked, 'Who had worked magic on him?' The other replied, 'Lubaid bin Asam.' The first one asked, 'What material (did he use)?' The other replied, 'The skin of the pollen of a male date tree with a comb and the hair stuck to it, kept under a stone in the well of Dharwan."' Then the Prophet went to that well and said, "This is the same well which was shown to me in the dream. The tops of its date-palm trees look like the heads of the devils, and its water looks like the Henna infusion." Then the Prophet ordered that those things be taken out. I said, "O Allah's Apostle! Won't you disclose (the magic object)?" The Prophet said, "Allah has cured me and I hate to circulate the evil among the people." `Aisha added, "(The magician) Lubaid bin Asam was a man from Bani Zuraiq, an ally of the Jews."

While the Prophet was distributing (something, `Abdullah bin Dhil Khawaisira at-Tamimi came and said, "Be just, O Allah's Apostle!" The Prophet said, "Woe to you ! Who would be just if I were not?" `Umar bin Al-Khattab said, "Allow me to cut off his neck ! " The Prophet said, " Leave him, for he has companions, and if you compare your prayers with their prayers and your fasting with theirs, you will look down upon your prayers and fasting, in comparison to theirs. Yet they will go out of the religion as an arrow darts through the game's body in which case, if the Qudhadh of the arrow is examined, nothing will be found on it, and when its Nasl is examined, nothing will be found on it; and then its Nadiyi is examined, nothing will be found on it. The arrow has been too fast to be smeared by dung and blood. The sign by which these people will be recognized will be a man whose one hand (or breast) will be like the breast of a woman (or like a moving piece of flesh). These people will appear when there will be differences among the people (Muslims)." Abu Sa`id added: I testify that I heard this from the Prophet and also testify that `Ali killed those people while I was with him. The man with the description given by the Prophet was brought to `Ali. The following Verses were revealed in connection with that very person (i.e., `Abdullah bin Dhil-Khawaisira at-Tarnimi): 'And among them are men who accuse you (O Muhammad) in the matter of (the distribution of) the alms.' (9.58)

There was some quarrel (sighting) among Bani `Amr, and when this news reached the Prophet, he offered the Zuhr prayer and went to establish peace among them. In the meantime the time of `Asr prayer was due, Bilal pronounced the Adhan and then the Iqama for the prayer and requested Abu Bakr (to lead the prayer) and Abu Bakr went forward. The Prophet arrived while Abu Bakr was still praying. He entered the rows of praying people till he stood behind Abu Bakr in the (first) row. The people started clapping, and it was the habit of Abu Bakr that whenever he stood for prayer, he never glanced side-ways till he had finished it, but when Abu Bakr observed that the clapping was not coming to an end, he looked and saw the Prophet standing behind him. The Prophet beckoned him to carry on by waving his hand. Abu Bakr stood there for a while, thanking Allah for the saying of the Prophet and then he retreated, taking his steps backwards. When the Prophet saw that, he went ahead and led the people in prayer. When he finished the prayer, he said, "O Abu Bakr! What prevented you from carrying on with the prayer after I beckoned you to do so?" Abu Bakr replied, "It does not befit the son of Abi Quhafa to lead the Prophet in prayer." Then the Prophet said to the people, "If some problem arises during prayers, then the men should say, Subhan Allah!; and the women should clap." (See Hadith No. 652, Vol. 1)

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

While I was at Yemen, I met two men from Yemen called Dhu Kala and Dhu `Amr, and I started telling them about Allah's Apostle. Dhu `Amr said to me, "If what you are saying about your friend (i.e. the Prophet) is true, then he has died three days ago." Then both of them accompanied me to Medina, and when we had covered some distance on the way to Medina, we saw some riders coming from Medina. We asked them and they said, "Allah's Apostle has died and Abu Bakr has been appointed as the Caliph and the people are in a good state.' Then they said, "Tell your friend (Abu Bakr) that we have come (to visit him), and if Allah will, we will come again." So they both returned to Yemen. When I told Abu Bakr their statement, he said to me, "I wish you had brought them (to me)." Afterwards I met Dhu `Amr, and he said to me, "O Jarir! You have done a favor to me and I am going to tell you something, i.e. you, the nation of 'Arabs, will remain prosperous as long as you choose and appoint another chief whenever a former one is dead. But if authority is obtained by the power of the sword, then the rulers will become kings who will get angry, as kings get angry, and will be delighted as kings get delighted."

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."

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything.

Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (saws).

Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.

The Messenger of Allah (saws) called me. He intended to send me with some goods to AbuSufyan to distribute among the Quraysh at Mecca after the conquest.

He said: Search for a companion. Then Amr ibn Umayyah ad-Damri came to me and said: I have been told that you are intending to make a journey and are seeking a companion.

I said: Yes. He said: I am your companion. I then went to the Messenger of Allah (saws) and said: I have found a companion.

He asked: Who is he? I replied: Amr ibn Umayyah ad-Damri. He said: When you come down to the territory of his people, be careful of him, for a maxim says: If one is your real brother, do not feel safe with him.

So we proceeded, and when I reached al-Abwa', he said to me: I have some work with my people at Waddan, so stay here till I come back. I said: Do not lose your way. When he turned his back, I recalled the words of the Prophet (saws). So I rode my camel and galloped without stopping. When I reached al-Asafir, he was pursuing me with a group of men. So I galloped and forged ahead of him. When he saw me that I had outstripped him, they returned and he came to me.

He said to me: I had some work with my people. I said: Yes. We then went on until we reached Mecca, and I gave the goods to AbuSufyan.