While I was with Aisha, the mother of the Believers, a person from Iraq came and asked, "What type of shroud is the best?" `Aisha said, "May Allah be merciful to you! What does it matter?" He said, "O mother of the Believers! Show me (the copy of) your Qur'an," She said, "Why?" He said, "In order to compile and arrange the Qur'an according to it, for people recite it with its Suras not in proper order." `Aisha said, "What does it matter which part of it you read first? (Be informed) that the first thing that was revealed thereof was a Sura from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: 'Do not drink alcoholic drinks.' people would have said, 'We will never leave alcoholic drinks,' and if there had been revealed, 'Do not commit illegal sexual intercourse, 'they would have said, 'We will never give up illegal sexual intercourse.' While I was a young girl of playing age, the following Verse was revealed in Mecca to Muhammad: 'Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.' (54.46) Sura Al-Baqara (The Cow) and Surat An-Nisa (The Women) were revealed while I was with him." Then `Aisha took out the copy of the Qur'an for the man and dictated to him the Verses of the Suras (in their proper order) .

The wife of the Prophet that she went to Allah's Apostle while he was in I`tikaf (staying in the mosque) during the last ten nights of the month of Ramadan. She spoke to him for an hour (a while) at night and then she got up to return home. The Prophet got up to accompany her, and when they reached the gate of the mosque opposite the dwelling place of Um Salama, the wife of the Prophet, two Ansari men passed by, and greeting Allah's Apostle , they quickly went ahead. Allah's Apostle said to them, "Do not be in a hurry She is Safiya, the daughter of Huyai." They said, "Subhan Allah! O Allah's Apostle (how dare we suspect you)." That was a great thing for both of them. The Prophet then said, "Satan runs in the body of Adam's son (i.e. man) as his blood circulates in it, and I was afraid that he (Satan) might insert an evil thought in your hearts."

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.

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.

Yahya related to me from Malik that Said ibn Abd ar-Rahman ibn Ruqash said, "I saw Anas ibn Malik come and squat and urinate.Then water was brought and he did wudu. He washed his face, then his arms to the elbows, and then he wiped his head and wiped over his leather socks. Then he came to the mosque and prayed."

Yahya said that Malik was asked whether a man who did wudu for prayerand then put on his leather socks, and then urinated and took them off and put them back on again, should begin wudu afresh.

Malik replied, "He should take off his socks and wash his feet. Only someone who puts on leather socks when his feet are (already) ritually purified by wudu can wipe over them. Someone who puts on leather socks when his feet are not ritually purified by wudu, should not wipe over them."

Yahya said that Malik was asked about a man who did wudu with his leather socks on and forgot to wipe over them until the water was dry and he had prayed, and he said, "He should wipe over his socks and repeat the prayer but not repeat wudu."

Malik was asked about a man who washed his feet and put on his leather socks and then started doing wudu, and he said, "He should take off his socks and do wudu and wash his feet."

Yahya related to me from Malik from Abdullah ibn Abi Bakr that Abdullah ibn Waqid said, "The Messengerof Allah, may Allah bless him and grant him peace, forbade eating the meat from sacrificial animals after three days."

Abdullah ibn Abi Bakr said, "I mentioned that to Amra bint Abd ar-Rahman, and she affirmed that he had spoken the truth as she had heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, 'Some people from the desert came at the time of the sacrifice in the time of the Messenger of Allah, may Allah bless him and grant him peace, so the Messenger of Allah, may Allah bless him and grant him peace, said, 'Store up for three days, and give what is left over as sadaqa.' "

She said that afterwards some one said to the Messenger of Allah, may Allah bless him and grant him peace, that people had been accustomed to make use of their sacrificial animals, melting the fat and curing the skins. The Messenger of Allah, may Allah bless him and grant him peace, said, "What about that?" They said, "You have forbidden the meat of sacrificial animals after three days." The Messenger of Allah, may Allah bless him and grant him peace, said, "I only forbade you for the sake of the people who were coming to you. Eat, give sadaqa and store up."

By these people, he meant the poor people who were coming to Madina.

Abu Shuraih said, "When `Amr bin Sa`id was sending the troops to Mecca (to fight `Abdullah bin Az- Zubair) I said to him, 'O chief! Allow me to tell you what the Prophet said on the day following the conquests of Mecca. My ears heard and my heart comprehended, and I saw him with my own eyes, when he said it. He glorified and praised Allah and then said, "Allah and not the people has made Mecca a sanctuary. So anybody who has belief in Allah and the Last Day (i.e. a Muslim) should neither shed blood in it nor cut down its trees. If anybody argues that fighting is allowed in Mecca as Allah's Apostle did fight (in Mecca), tell him that Allah gave permission to His Apostle, but He did not give it to you. The Prophet added: Allah allowed me only for a few hours on that day (of the conquest) and today (now) its sanctity is the same (valid) as it was before. So it is incumbent upon those who are present to convey it (this information) to those who are absent." Abu- Shuraih was asked, "What did `Amr reply?" He said `Amr said, "O Abu Shuraih! I know better than you (in this respect). Mecca does not give protection to one who disobeys (Allah) or runs after committing murder, or theft (and takes refuge in Mecca).

That Ubaidullah bin `Abdullah and Salim bin `Abdullah informed him that they told Ibn `Umar when Ibn Az-Zubair was attacked by the army, saying "There is no harm for you if you did not perform Hajj this year. We are afraid that you may be prevented from reaching the Ka`ba." Ibn `Umar said "We set out with Allah's Apostle and the non-believers of Quraish prevented us from reaching the Ka`ba, and so the Prophet slaughtered his Hadi and got his head shaved." Ibn `Umar added, "I make you witnesses that I have made `Umra obligatory for me. And, Allah willing, I will go and then if the way to Ka`ba is clear, I will perform the Tawaf, but if I am prevented from going to the Ka`ba then I will do the same as the Prophet did while I was in his company." Ibn `Umar then assumed Ihram for Umra from Dhul-Hulaifa and proceeded for a while and said, "The conditions of `Umra and Hajj are similar and I make you witnesses that I have made `Umra and Hajj obligatory for myself." So, he did not finish the Ihram till the day of Nahr (slaughtering) came, and he slaughtered his Hadi. He used to say, "I will not finish the Ihram till I perform the Tawaf, one Tawaf on the day of entering Mecca (i.e. of Safa and Marwa for both `Umra and Hajj).

Aisha said, "Barirah came to me and said, 'My people (masters) have written the contract for my emancipation for nine Awaq ) of gold) to be paid in yearly installments, one Uqiyya per year; so help me." Aisha said (to her), "If your masters agree, I will pay them the whole sum provided the Wala will be for me." Barirah went to her masters and told them about it, but they refused the offer and she returned from them while Allah's Apostles was sitting. She said, "I presented the offer to them, but they refused unless the Wala' would be for them." When the Prophet heard that and `Aisha told him about It, he said to her, "Buy Barirah and let them stipulate that her Wala' will be for them, as the Wala' is for the manumitted." `Aisha did so. After that Allah's Apostle got up amidst the people, Glorified and Praised Allah and said, "What is wrong with some people who stipulate things which are not in Allah's Laws? Any condition which is not in Allah's Laws is invalid even if there were a hundred such conditions. Allah's Rules are the most valid and Allah's Conditions are the most solid. The Wala is for the manumitted."

Once Allah's Apostle; offered the morning prayer and then faced the people and said, "While a man was driving a cow, he suddenly rode over it and beat it. The cow said, "We have not been created for this, but we have been created for sloughing." On that the people said astonishingly, "Glorified be Allah! A cow speaks!" The Prophet said, "I believe this, and Abu Bakr and `Umar too, believe it, although neither of them was present there. While a person was amongst his sheep, a wolf attacked and took one of the sheep. The man chased the wolf till he saved it from the wolf, where upon the wolf said, 'You have saved it from me; but who will guard it on the day of the wild beasts when there will be no shepherd to guard them except me (because of riots and afflictions)? ' " The people said surprisingly, "Glorified be Allah! A wolf speaks!" The Prophet said, "But I believe this, and Abu Bakr and `Umar too, believe this, although neither of them was present there." (See the Foot-note of page No. 10 Vol.5)

Al-Adawi that he said to `Amr bin Sa`id while the latter was sending troops in batches to Mecca, "O chief! Allow me to tell you a statement which Allah's Apostle said on the second day of the Conquest of Mecca. My two ears heard it and my heart remembered it and my two eyes saw him when he said it. He (i.e. the Prophet) praised Allah and then said, 'Mecca has been made a sanctuary by Allah and not by the people, so it is not lawful for a person, who believes in Allah and the Last Day to shed blood in it, or to cut its trees and if someone asks the permission to fight in Mecca because Allah's Apostle was allowed to fight in it, say to him; Allah permitted His Apostle and did not allow you, and even he (i.e. the Apostle) was allowed for a short period of the day, and today its (Mecca's sanctity has become the same as it was before (of old) so those who are present should inform those who are absent (this Hadith)." Then Abu Shuraih, was asked, "What did `Amr say to you? Abu Shuraih said, "He said, "I knew that better than you, O Abu Shuraih! The Haram (i.e. Mecca) does not give refuge to a sinner or a fleeing murderer or a person running away after causing destruction."

Allah's Apostle said, "Who is willing to kill Ka`b bin Al-Ashraf who has hurt Allah and His Apostle?" Thereupon Muhammad bin Maslama got up saying, "O Allah's Apostle! Would you like that I kill him?" The Prophet said, "Yes," Muhammad bin Maslama said, "Then allow me to say a (false) thing (i.e. to deceive Ka`b). "The Prophet said, "You may say it." Then Muhammad bin Maslama went to Ka`b and said, "That man (i.e. Muhammad demands Sadaqa (i.e. Zakat) from us, and he has troubled us, and I have come to borrow something from you." On that, Ka`b said, "By Allah, you will get tired of him!" Muhammad bin Maslama said, "Now as we have followed him, we do not want to leave him unless and until we see how his end is going to be. Now we want you to lend us a camel load or two of food." (Some difference between narrators about a camel load or two.) Ka`b said, "Yes, (I will lend you), but you should mortgage something to me." Muhammad bin Mas-lama and his companion said, "What do you want?" Ka`b replied, "Mortgage your women to me." They said, "How can we mortgage our women to you and you are the most handsome of the 'Arabs?" Ka`b said, "Then mortgage your sons to me." They said, "How can we mortgage our sons to you? Later they would be abused by the people's saying that so-and-so has been mortgaged for a camel load of food. That would cause us great disgrace, but we will mortgage our arms to you." Muhammad bin Maslama and his companion promised Ka`b that Muhammad would return to him. He came to Ka`b at night along with Ka`b's foster brother, Abu Na'ila. Ka`b invited them to come into his fort, and then he went down to them. His wife asked him, "Where are you going at this time?" Ka`b replied, "None but Muhammad bin Maslama and my (foster) brother Abu Na'ila have come." His wife said, "I hear a voice as if dropping blood is from him, Ka`b said. "They are none but my brother Muhammad bin Maslama and my foster brother Abu Naila. A generous man should respond to a call at night even if invited to be killed." Muhammad bin Maslama went with two men. (Some narrators mention the men as 'Abu bin Jabr. Al Harith bin Aus and `Abbad bin Bishr). So Muhammad bin Maslama went in together with two men, and sail to them, "When Ka`b comes, I will touch his hair and smell it, and when you see that I have got hold of his head, strip him. I will let you smell his head." Ka`b bin Al-Ashraf came down to them wrapped in his clothes, ...

The collector used to visit the water-hole when the sheep went there and say: Pay the sadaqah (zakat) on your property. The narrator said: A man wanted to give him his high-humped camel (kawma'). The narrator (Hilal) asked: What is kawma', AbuSalih? He said: A camel a high hump.

The narrator continued: He (the collector) refused to accept it. He said: I wish you could take the best of my camels. He refused to accept it. He then brought another camel lower in quality than the previous one. He refused to accept it too. He then brought another camel lower in quality than the previous one. He accepted it, saying: I shall take it, but I am afraid the Messenger of Allah (saws) might be angry with me, saying to me: You have purposely taken from a man a camel of your choice.

Abu Dawud said: This tradition has also been narrated by Hushaim from Hilal bin Khabbab to the same effect. But he said: Those which are in one flock are not to be separated.

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."

Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."

Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."

Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."

Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."

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. '

While we were with Allah's Apostle a bedouin got up and said, "O Allah's Apostle! Settle my case according to Allah's Book (Laws)." Then his opponent got up and said, "O Allah's Apostle! He has said the truth! Settle his case according to Allah's Book (Laws.) and allow me to speak," He said, "My son was a laborer for this man and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death but I ransomed him with one-hundred sheep and a slave girl. Then I asked the religious learned people and they told me that his wife should be stoned to death and my son should receive one-hundred lashes and be sentenced to one year of exile.' The Prophet said, "By Him in Whose Hands my life is, I will judge between you according to Allah's Book (Laws): As for the slave girl and the sheep, they are to be returned; and as for your son, he shall receive onehundred lashes and will be exiled for one year. You, O Unais!" addressing a man from Bani Aslam, "Go tomorrow morning to the wife of this (man) and if she confesses, then stone her to death." The next morning Unais went to the wife and she confessed, and he stoned her to death.

Some people went to Sahl bin Sa`d As-Sa`idi and told him that they had different opinions regarding the wood of the pulpit. They asked him about it and he said, "By Allah, I know of what wood the pulpit was made, and no doubt I saw it on the very first day when Allah's Apostle took his seat on it. Allah's Apostle sent for such and such an Ansari woman (and Sahl mentioned her name) and said to her, 'Order your slave-carpenter to prepare for me some pieces of wood (i.e. pulpit) on which I may sit at the time of addressing the people.' So she ordered her slave-carpenter and he made it from the tamarisk of the forest and brought it (to the woman). The woman sent that (pulpit) to Allah's Apostle who ordered it to be placed here. Then I saw Allah's Apostle praying on it and then bowed on it. Then he stepped back, got down and prostrated on the ground near the foot of the pulpit and again ascended the pulpit. After finishing the prayer he faced the people and said, 'I have done this so that you may follow me and learn the way I pray.' "

`Ata' said, "Jabir bin `Abdullah said, 'The Prophet went out on the Day of `Id-ul-Fitr and offered the prayer before delivering the Khutba, Ata told me that during the early days of Ibn Az-Zubair, Ibn `Abbas had sent a message to him telling him that the Adhan for the `Id Prayer was never pronounced (in the life time of Allah's Apostle) and the Khutba used to be delivered after the prayer. Ata told me that Ibn `Abbas and Jabir bin `Abdullah, had said, "There was no Adhan for the prayer of `Id-ul-Fitr and `Id-ul-Aqha." `Ata' said, "I heard Jabir bin `Abdullah saying, 'The Prophet stood up and started with the prayer, and after it he delivered the Khutba. When the Prophet of Allah (p.b.u.h) finished (the Khutba), he went to the women and preached to them, while he was leaning on Bilal's hand. Bilal was spreading his garment and the ladies were putting alms in it.' " I said to Ata, "Do you think it incumbent upon an Imam to go to the women and preach to them after finishing the prayer and Khutba?" `Ata' said, "No doubt it is incumbent on Imams to do so, and why should they not do so?"

While I was a youngster, I asked `Aisha the wife of the Prophet. "What about the meaning of the Statement of Allah; "Verily! (the mountains) As-Safa and Al Marwa, are among the symbols of Allah. So, it is not harmful if those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them? (2.158) I understand (from that) that there is no harm if somebody does not perform the Tawaf between them." `Aisha replied, "No, for if it were as you are saying, then the recitation would have been like this: 'It is not harmful not to perform Tawaf between them.' This verse was revealed in connection with the Ansar who used to assume the Ihram for the idol Manat which was put beside a place called Qudaid and those people thought it not right to perform the Tawaf of As- Safa and Al-Marwa. When Islam came, they asked Allah's Apostle about that, and Allah revealed:-- "Verily! (the mountains) As-Safa and Al-Marwa Are among the symbols of Allah. So, it is not harmful of those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them." (2.158) Sufyan and Abu Muawiya added from Hisham (from `Aisha): "The Hajj or `Umra of the person who does not perform the going (Tawaf) between As-Safa and Al-Marwa is incomplete in Allah's sight.

Abu Shuraih, Al-`Adawi said that he had said to `Amr bin Sa`id when he was sending the troops to Mecca (to fight `Abdullah bin Az-Zubair), "O Chief! Allow me to tell you what Allah's Apostle said on the day following the Conquest of Mecca. My ears heard that and my heart understood it thoroughly and I saw with my own eyes the Prophet when he, after Glorifying and Praising Allah, started saying, 'Allah, not the people, made Mecca a sanctuary, so anybody who has belief in Allah and the Last Day should neither shed blood in it, nor should he cut down its trees. If anybody tells (argues) that fighting in it is permissible on the basis that Allah's Apostle did fight in Mecca, say to him, 'Allah allowed His Apostle and did not allow you.' "Allah allowed me only for a few hours on that day (of the conquest) and today its sanctity is valid as it was before. So, those who are present should inform those who are absent (concerning this fact." Abu Shuraih was asked, "What did `Amr reply?" He said, (`Amr said) 'O Abu Shuraih! I know better than you in this respect Mecca does not give protection to a sinner, a murderer or a thief."

"The Messenger of Allah (saws) prohibited me from selling what was not with me."

[Abu 'Eisa said:] This Hadith is Hasan. He said: There is something on this topic from 'Abdullah bin 'Umar.

Ishaq bin Mansur said: "I said to Ahmad: 'What is the meaning of the prohibition from a loan along with a sale? He said: 'That he gives him a loan and then he makes a sale to him greater then it's actual worth. And, it carries the meaning of him loaning it to him in exchange for something (as collateral), so he says: 'If you are unable to pay it (the loan), the it (the collateral) will be a sale for you.' Ishaq [bin Rahuwyah] said as he said. And I said to Ahmad: 'What about selling what one does not possess?' He said: 'To me it does not apply except in cases of food - meaning one has not taken possession of it.' And Ishaq said the same for all of what is measured or weighed. Ahmad said: 'When he says: "I will sell you this garment, with the condition that I am the tailor for it, and I am the one who bleaches it.' This is an example of two conditions in one sale. But if he says: "I am selling it to you with the condition that I am its tailor," then there is no harm in it. And, if he said: "I am selling it to you with the condition that I am the one who bleaches it" then there is no harm in it, because this is only one condition.' And Ishaq said as he said."

Aisha said, "Barira came to me and said, 'I have agreed with my masters to pay them nine Uqiyas (of gold) (in installments) one Uqiya per year; please help me.' I said, 'I am ready to pay the whole amount now provided your masters agree that your Wala' will be for me.' So, Barira went to her masters and told them about that offer but they refused to accept it. She returned, and at that time, Allah's Apostle was sitting (present). Barira said, 'I told them of the offer but they did not accept it and insisted on having the Wala'.' The Prophet heard that." `Aisha narrated the whole story to the Prophet. He said to her, "Buy her and stipulate that her Wala' would be yours as the Wala' is for the manumitter." `Aisha did so. Then Allah's Apostle stood up in front of the people, and after glorifying Allah he said, "Amma Ba`du (i.e. then after)! What about the people who impose conditions which are not in Allah's Book (Laws)? Any condition that is not in Allah's Book (Laws) is invalid even if they were one hundred conditions, for Allah's decisions are the right ones and His conditions are the strong ones (firmer) and the Wala' will be for the manumitter."

Barirah came (to `Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help." `Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me." Barirah went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them." Allah's Apostle heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator." `Aisha added, "Allah's Apostle then got up amongst the people, Glorified and Praised Allah, and said, 'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

Allah's Apostle ascended the pulpit and said, "Nothing worries me as to what will happen to you after me, except the temptation of worldly blessings which will be conferred on you." Then he mentioned the worldly pleasures. He started with the one (i.e. the blessings) and took up the other (i.e. the pleasures). A man got up saying, "O Allah's Apostle! Can the good bring about evil?" The Prophet remained silent and we thought that he was being inspired divinely, so all the people kept silent with awe. Then the Prophet wiped the sweat off his face and asked, "Where is the present questioner?" "Do you think wealth is good?" he repeated thrice, adding, "No doubt, good produces nothing but good. Indeed it is like what grows on the banks of a stream which either kills or nearly kills the grazing animals because of gluttony except the vegetation-eating animal which eats till both its flanks are full (i.e. till it gets satisfied) and then stands in the sun and defecates and urinates and again starts grazing. This worldly property is sweet vegetation. How excellent the wealth of the Muslim is, if it is collected through legal means and is spent in Allah's Cause and on orphans, poor people and travelers. But he who does not take it legally is like an eater who is never satisfied and his wealth will be a witness against him on the Day of Resurrection."

When we conquered Khaibar, we gained neither gold nor silver as booty, but we gained cows, camels, goods and gardens. Then we departed with Allah's Apostle to the valley of Al-Qira, and at that time Allah's Apostle had a slave called Mid`am who had been presented to him by one of Banu Ad-Dibbab. While the slave was dismounting the saddle of Allah's Apostle an arrow the thrower of which was unknown, came and hit him. The people said, "Congratulations to him for the martyrdom." Allah's Apostle said, "No, by Him in Whose Hand my soul is, the sheet (of cloth) which he had taken (illegally) on the day of Khaibar from the booty before the distribution of the booty, has become a flame of Fire burning him." On hearing that, a man brought one or two leather straps of shoes to the Prophet and said, "These are things I took (illegally)." On that Allah's Apostle said, "This is a strap, or these are two straps of Fire."

Abyad spoke to the Messenger of Allah (saws) about sadaqah when he came along with a deputation to him.

He replied: O brother of Saba', sadaqah is unavoidable. He said: We cultivated cotton, Messenger of Allah. The people of Saba' scattered, and there remained only a few at Ma'arib.

He therefore concluded a treaty of peace with the Messenger of Allah (saws) to give seventy suits of cloth, equivalent to the price of the Yemeni garments known as al-mu'afir, to be paid every year on behalf of those people of Saba' who remained at Ma'arib.

They continued to pay them till the Messenger of Allah (saws) died.

The governors after the death of the Messenger of Allah (saws) broke the treaty concluded by Abyad by Hammal with the Messenger of Allah (saws) to give seventy suits of garments.

AbuBakr then revived it as the Messenger of Allah (saws) had done till AbuBakr died. When AbuBakr died, it was discontinued and the sadaqah was levied.

The tradition mentioned above (No. 4401) has also been transmitted by Ubadah ibn as-Samit through a different chain of narrators.

This version has: The people said to Sa'd ibn Ubadah: AbuThabit, the prescribed punishments have been revealed: if you find a man with your wife, what will you do?

He said: I shall strike them with a sword so much that they become silent (i.e. die). Should I go and gather four witnesses? Until that (time) the need would be fulfilled.

So they went away and gathered with the Messenger of Allah (saws) and said: Messenger of Allah! did you not see AbuThabit. He said so-and-so.

The Messenger of Allah (saws) said: The sword is a sufficient witness. He then said: No, no, a furious and a jealous man may follow this course.

Abu Dawud said: This tradition has been transmitted by Waki' from al-Fadl b. Dilham from al-Hasan, from Qabisah b. Huraith, from Salamah b. al-Muhabbaq, from the Prophet (saws). And this is the chain of the tradition narrated by Ibn al-Muhabbaq to the effect that a man had sexual intercourse with a slave girl of his wife.

Abu Dawud said: Al-Fadl b. Dilham was not the memoriser of traditions. He was a butcher in Wasit.

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

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

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

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

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

It was related by Muslim (also by al-Bukhari, at-Tirmidhi, and an-Nasa'i).

Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' "

Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it.

Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' "

Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced."

Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood- money payable for injuries less than the head wound which bares the bone."

(Al-Ahnaf said:) I went out carrying my arms during the nights of the affliction (i.e. the war between `Ali and `Aisha) and Abu Bakra met me and asked, "Where are you going?" I replied, "I intend to help the cousin of Allah's Apostle (i.e.,`Ali)." Abu Bakra said, "Allah's Apostle said, 'If two Muslims take out their swords to fight each other, then both of them will be from amongst the people of the Hell- Fire.' It was said to the Prophet, 'It is alright for the killer but what about the killed one?' He replied, 'The killed one had the intention to kill his opponent.'" (See Hadith No. 30, Vol. 1)

Narrated Al-Ahnaf:

Abu Bakra said: The Prophet said (as above, 204).