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

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

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

3

Allah's Apostle set out for the `Umra but the pagans of Quraish prevented him from reaching the Ka`ba. So, he slaughtered his sacrifice and got his head shaved at Al-Hudaibiya, and agreed with them that he would perform `Umra the following year and would not carry weapons except swords and would not stay in Mecca except for the period they allowed. So, the Prophet performed the `Umra in the following year and entered Mecca according to the treaty, and when he stayed for three days, the pagans ordered him to depart, and he departed.

Allah's Apostle said, "While I was sleeping, I saw myself performing the Tawaf of the Ka`ba. Behold, there I saw a whitish-red lank-haired man (holding himself) between two men with water dropping from his hair. I asked, 'Who is this?' The people replied, 'He is the son of Mary.' Then I turned my face to see another man with red complexion, big body, curly hair, and blind in the right eye which looked like a protruding out grape. I asked, 'Who is he?' They replied, 'He is Ad-Dajjal.' Ibn Qatan resembles him more than anybody else among the people and Ibn Qatan was a man from Bani Al-Mustaliq from Khuza`a."

The Prophet was asked about things which he did not like, but when the questioners insisted, the Prophet got angry. He then said to the people, "Ask me anything you like." A man asked, "Who is my father?" The Prophet replied, "Your father is Hudhafa." Then another man got up and said, "Who is my father, O Allah's Apostle ?" He replied, "Your father is Salim, Maula (the freed slave) of Shaiba." So when `Umar saw that (the anger) on the face of the Prophet he said, "O Allah's Apostle! We repent to Allah (Our offending you).

The Prophet said, "Isn't it true that a woman does not pray and does not fast on menstruating? And that is the defect (a loss) in her religion."

There was a Christian who embraced Islam and read Surat-al-Baqara and Al-`Imran, and he used to write (the revelations) for the Prophet. Later on he returned to Christianity again and he used to say: "Muhammad knows nothing but what I have written for him." Then Allah caused him to die, and the people buried him, but in the morning they saw that the earth had thrown his body out. They said, "This is the act of Muhammad and his companions. They dug the grave of our companion and took his body out of it because he had run away from them." They again dug the grave deeply for him, but in the morning they again saw that the earth had thrown his body out. They said, "This is an act of Muhammad and his companions. They dug the grave of our companion and threw his body outside it, for he had run away from them." They dug the grave for him as deep as they could, but in the morning they again saw that the earth had thrown his body out. So they believed that what had befallen him was not done by human beings and had to leave him thrown (on the ground).

The Prophet (saws) said: There are three types of people whose prayer is not accepted by Allah: One who goes in front of people when they do not like him; a man who comes dibaran, which means that he comes to it too late; and a man who takes into slavery an emancipated male or female slave.

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that al-Harith ibn Hisham asked the Messenger of Allah, may Allah bless him and grant him peace, "How does the revelation come to you?" and the Messenger of Allah, may Allah bless him and grant him peace, said, "Sometimes it comes to me like the ringing of a bell, and that is the hardest for me, and when it leaves me I remember what it has said. And sometimes the angel appears to me in the likeness of a man and talks to me and I remember what he says."

A'isha added, "I saw it coming down on him on an intensely cold day, and when it had left him his forehead was dripping with sweat."

I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, "Once I abused a man and he complained of me to the Prophet . The Prophet asked me, 'Did you abuse him by slighting his mother?' He added, 'Your slaves are your brethren upon whom Allah has given you authority. So, if one has one's brethren under one's control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).

While I was walking with the Prophet at the Hurra of Medina in the evening, the mountain of Uhud appeared before us. The Prophet said, "O Abu Dhar! I would not like to have gold equal to Uhud (mountain) for me, unless nothing of it, not even a single Dinar remains of it with me, for more than one day or three days, except that single Dinar which I will keep for repaying debts. I will spend all of it (the whole amount) among Allah's slaves like this and like this and like this." The Prophet pointed out with his hand to illustrate it and then said, "O Abu Dhar!" I replied, "Labbaik wa Sa`daik, O Allah's Apostle!" He said, "Those who have much wealth (in this world) will be the least rewarded (in the Hereafter) except those who do like this and like this (i.e., spend their money in charity)." Then he ordered me, "Remain at your place and do not leave it, O Abu Dhar, till I come back." He went away till he disappeared from me. Then I heard a voice and feared that something might have happened to Allah's Apostle, and I intended to go (to find out) but I remembered the statement of Allah's Apostle that I should not leave, my place, so I kept on waiting (and after a while the Prophet came), and I said to him, "O Allah's Apostle, I heard a voice and I was afraid that something might have happened to you, but then I remembered your statement and stayed (there). The Prophet said, "That was Gabriel who came to me and informed me that whoever among my followers died without joining others in worship with Allah, would enter Paradise." I said, "O Allah's Apostle! Even if he had committed illegal sexual intercourse and theft?" He said, "Even if he had committed illegal sexual intercourse and theft."

The Prophet (saws) said: Religion will continue to prevail as long as people hasten to break the fast, because the Jews and the Christians delay doing so.

The Prophet (saws) said: There is no slaughtering (at the grave) in Islam.

'Abd al-Razzaq said: They used to slaughter cows or sheep at grave.

Abu Barza said, "(O people!) Allah makes you self-sufficient or has raised you high with Islam and with Muhammad."

I saw Allah's Apostle , and the only converts (to Islam) with him, were five slaves, two women and Abu Bakr.

My father told me that he was a companion of Abu Darda'. There was in Damascus a man from the companions of the Prophet (saws), called Ibn al-Hanzaliyyah. He was a recluse and rarely met the people. He remained engaged in prayer. When he was not praying he was occupied in glorifying Allah and exalting Him until he went to his family. Once he passed us when we were with AbudDarda'.

AbudDarda' said to him: Tell us a word which benefits us and does not harm you.

He said: The Messenger of Allah (saws) sent out a contingent and it came back. One of the men came and sat in the place where the Messenger of Allah (saws) used to sit, and he said to a man beside him: Would that you saw us when we met the enemy and so-and-so attacked and cut through a lance.

He said: Take it from me and I am a boy of the tribe Ghifar. What do you think about his statement?

He replied: I think his reward was lost. Another man heard it and said: I do not think that there is any harm in it. They quarrelled until the Messenger of Allah (saws) heard it, and he said: Glory be to Allah! There is no harm if he is rewarded and praised. I saw that AbudDarda' was pleased with it and began to raise his hand to him and say: Did you hear it from the Messenger of Allah (saws)?

He said: Yes. He continued to repeat it to him so often that I thought he was going to kneel down. He said: On another day he again passed us.

AbudDarda' said to him: (Tell us) a word which benefits us and does not harm you.

He said: The Messenger of Allah (saws) said to us: One who spends on (the maintenance of) horses (for jihad) is like the one who spreads his hand to give alms (sadaqah) and does not withhold it. He then passed us on another day.

AbudDarda' said to him: (Tell us) a word which benefits us and does no harm to you.

He said: The Messenger of Allah (saws) said: Khuraym al-Asadi would be a fine man were it not for the length of his hair, which reaches the shoulders, and the way he lets his lower garment hang down. When Khuraym heard that, he hurriedly, took a knife, cut his hair in line with his ears and raised his lower garment half way up his legs. He then passed us on another day.

AbudDarda' said to him: (tell us) a word which benefits us and does not harm you.

He said: I heard the Messenger of Allah (saws) say: You are coming to your brethren; so tidy your mounts and tidy your dress, until you are like a mole among the people. Allah does not like obscene words or deeds, or do intentional committing of obscenity.

Abu Dawud said: Similarly, Abu Nu'aim narrated from Hisham. He said: Until you will be like a mole among the people.

On his father's authority, said that his grandfather said: The Messenger of Allah (saws) gave judgment that a third of the blood-wit should be paid for an eye fixed in its place.

We were with `Abdullah and he said, "When the Prophet saw the refusal of the people to accept Islam he said, "O Allah! Send (famine) years on them for (seven years) like the seven years (of famine during the time) of (Prophet) Joseph." So famine overtook them for one year and destroyed every kind of life to such an extent that the people started eating hides, carcasses and rotten dead animals. Whenever one of them looked towards the sky, he would (imagine himself to) see smoke because of hunger. So Abu Sufyan went to the Prophet and said, "O Muhammad! You order people to obey Allah and to keep good relations with kith and kin. No doubt the people of your tribe are dying, so please pray to Allah for them." So Allah revealed: "Then watch you For the day that The sky will bring forth a kind Of smoke Plainly visible ... Verily! You will return (to disbelief) On the day when We shall seize You with a mighty grasp. (44.10-16) Ibn Mas`ud added, "Al-Batsha (i.e. grasp) happened in the battle of Badr and no doubt smoke, Al-Batsha, Al-Lizam, and the verse of Surat Ar-Rum have all passed .

Yahya related to me from Malik that Zayd ibn Aslam said, ''Umar ibn al Khattab drank some milk which he liked (very much) and he asked the man who had given it to him, 'Where did this milk come from?' The man told him that he had come to a watering-place, which he named, and had found grazing livestock from the zakat watering there. He was given some of their milk, which he then put into his water-skin, and that was the milk in question. Umar ibn al-Khattab then put his hand into his mouth to make himself vomit."

Malik said, "The position with us is that if anyone refuses to honour one of the obligatory demands of Allah, and the muslims are unable to get it, then they have the right to fight him until they get itfrom him."

[Muslim].

A man of the Ansar called him and AbdurRahman ibn Awf and supplied them wine before it was prohibited. Ali then led them in the evening prayer, and he recited; "Say: O ye who reject faith." He was confused in it. Then the following verse came down: "O ye who believe! approach not prayers with a mind befogged until you can understand all that ye say.

Allah's Apostle was asked, "Who are the most honorable of the people?" The Prophet said, "The most honorable of them in Allah's Sight are those who keep their duty to Allah and fear Him. They said, "We do not ask you about that." He said, "Then the most honorable of the people is Joseph, Allah's prophet, the son of Allah's prophet, the son of Allah's prophet, the son of Allah's Khalil i.e. Abraham) They said, "We do not ask you about that." The Prophet said, Do you ask about (the virtues of the ancestry of the Arabs?" They said, "Yes," He said, "Those who were the best amongst you in the Prelslamic Period are the best amongst you in Islam if they comprehend (the Islamic religion).

Allah's Apostle wrote a letter to Caesar saying, "If you reject Islam, you will be responsible for the sins of the tillers (i.e. your people).

I saw Allah's Apostle and there was none with him but five slaves, two women and Abu Bakr (i.e. those were the only converts to Islam then).

Abu `Abdur-Rahman who was one of the supporters of `Uthman said to Abu Talha who was one of the supporters of `Ali, "I perfectly know what encouraged your leader (i.e. `Ali) to shed blood. I heard him saying: Once the Prophet sent me and Az-Zubair saying, 'Proceed to such-and-such Ar-Roudah (place) where you will find a lady whom Hatib has given a letter. So when we arrived at Ar-Roudah, we requested the lady to hand over the letter to us. She said, 'Hatib has not given me any letter.' We said to her. 'Take out the letter or else we will strip off your clothes.' So she took it out of her braid. So the Prophet sent for Hatib, (who came) and said, 'Don't hurry in judging me, for, by Allah, I have not become a disbeliever, and my love to Islam is increasing. (The reason for writing this letter was) that there is none of your companions but has relatives in Mecca who look after their families and property, while I have nobody there, so I wanted to do them some favor (so that they might look after my family and property).' The Prophet believed him. `Umar said, 'Allow me to chop off his (i.e. Hatib's) neck as he has done hypocrisy.' The Prophet said, (to `Umar), 'Who knows, perhaps Allah has looked at the warriors of Badr and said (to them), 'Do whatever you like, for I have forgiven you.' " `Abdur-Rahman added, "So this is what encouraged him (i.e. `Ali).

The Prophet once passed by two graves and said, "These two persons are being tortured not for a major sin (to avoid). One of them never saved himself from being soiled with his urine, while the other used to go about with calumnies (to make enmity between friends)." The Prophet then took a green leaf of a date-palm tree, split it into (pieces) and fixed one on each grave. They said, "O Allah's Apostle! Why have you done so?" He replied, "I hope that their punishment might be lessened till these (the pieces of the leaf) become dry." (See the footnote of Hadith 215).

I heard the Messenger of Allah (saws) say: Islam increases and does not diminish. He, therefore, appointed a Muslim heir (of a non-Muslim).

I came to the Prophet (saws) with the intention of embracing Islam. He commanded me to take a bath with water (boiled with) the leaves of the lote-tree.

The Prophet said, "If I were to take a Khalil, I would have taken Abu Bakr, but he is my brother and my companion (in Islam).

When Uthman placed his property at at-Ta'if and intended to settle there, he prayed four rak'ahs. The rulers after him followed the same practice.

Alaqah came to the Messenger of Allah (may peace be upon him) and embraced Islam. He then came back from him and passed some people who had a lunatic fettered in chains.

His people said: We are told that your companion has brought some good. Have you something with which you can cure him? I then recited Surat al-Fatihah and he was cured. They gave me one hundred sheep. I then came to the Messenger of Allah (saws) and informed him of it.

He asked: Is it only this? The narrator, Musaddad, said in his other version: Did you say anything other than this? I said: No. He said: Take it, for by my life, some accept if for a worthless chain, but you have done so for a genuine one.

(regarding) the Verse: 'And if you fear that you shall not be able to deal justly with the orphans...' (4.3) It is about the orphan girl who is in the custody of a man who is her guardian, and he intends to marry her because of her wealth, but he treats her badly and does not manage her property fairly and honestly. Such a man should marry women of his liking other than her, two or three or four. 'Prohibited to you (for marriage) are: ...your foster-mothers (who suckled you).' (4.23) Marriage is prohibited between persons having a foster suckling relationship corresponding to a blood relationship which renders marriage unlawful.

Malik related to me that he had heard that Umar ibn al-Khattab or Uthman ibn Affan gave a judgement about a slave woman who misled a man about herself and said that she was free. He married her and she bore children. It was decided that he should ransom his children with their like of slaves.

Yahya said that he heard Malik say, "To ransom them with their price is more equitable in this case, Allah willing."

(the wife of the Prophet) Allah's Apostle heard some people quarreling at the door of his dwelling, so he went out to them and said, "I am only a human being, and litigants with cases of dispute come to me, and someone of you may happen to be more eloquent (in presenting his case) than the other, whereby I may consider that he is truthful and pass a judgment in his favor. If ever I pass a judgment in favor of somebody whereby he takes a Muslim's right unjustly, then whatever he takes is nothing but a piece of Fire, and it is up to him to take or leave."

Malik said, "The recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of, according to the amount of capital. That is, when he travels to do the work and the capital can support it. If he remains with his people, he does not have expenses or clothing from the capital."

Malik said, "There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both."

Malik said, "There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions."

Malik spoke about an investor making a qirad loan to a man and his slave, to be used by both. He said, "That is permitted, and there is no harm in it because the profit is property for his slave, and the profit is not for the master until he takes it from him. It is like the rest of his earnings."