Lā ilāha illallāh waḥdahu lā sharīka lah, Allāhu Akbaru kabīra, walḥamdu lillāhi kathīra, Subḥānallāhi Rabbil-`ālamīn, Lā ḥawla wa lā quwwata illā billāhi ‘l-`Azīzil-Hakīm. He said, "That is for my Lord, but what about me?" The Prophet (SAW) told him to say: Allāhummaghfir lī, warḥamnī, waḥdinī warzuqnī. A desert Arab came to Allah's Messenger (SAW) and said, "Teach me a word that I can say. " The Prophet told him to say: There is none worthy of worship but Allah, Who has no partner, Allah is the Great, the Most Great, and praise is to Allah in abundance, glory is to Allah, Lord of the worlds. There is no power and no might but by Allah the Mighty, the Wise. He said, "That is for my Lord, but what about me?" The Prophet (SAW) told him to say: O Allah forgive me, and have mercy on me and guide me, and provide for me. Reference: Muslim 4/2072, Abu Dawud reports the same Hadith with the addition: and when the Arab left, the Prophet (SAW) said: "He has filled his hands with goodness." 1/220.

This is what Muhammad God's Messenger has decided.” Suhail protested, “I swear by God that if we knew you were God’s Messenger we would not turn you away from the House or fight with you; but write: Muhammad b. ‘Abdallah.” The Prophet replied, “I swear by God that I am God’s Messenger even if you disbelieve me; write Muhammad b. ‘Abdallah.” Suhail said, “And that a man will not come to you from us, even if he follows your religion, without your sending him back to us." Then when he finished drawing up the document God’s Messenger said to his companions, "Get up and sacrifice, and then shave.” Thereafter some believing women came and God most high sent down, "O you who believe, when believing women come to you as emigrants…”3 God most high forbade them to send them back, but ordered them to restore the dower. When the Prophet returned to Medina Abu Basir, a man of Quraish who was a Muslim, came to him and they sent two men to look for him, so he handed him over to the two men. They took him away, and when they reached Dhul Hulaifa and alighted to eat some dates which they had Abu Basir said to one of the men, "I swear by God, so and so, that I think this sword of yours is a fine one; let me look at it.” He let him have it and he struck him till he died, whereupon the other fled from him and when he reached Medina went running into the mosque. The Prophet said, “This man has seen something frightful.” He said, “I swear by God that my companion has been killed, and I am as good as dead.”4 Abu Basir arrived and the Prophet said, "Woe to his mother, stirrer up of war! Would that he had some kinsfolk!”5 When he heard that he knew that he would send him back to them, so he went out and came to the seashore. Abu Jandal b. Suhail escaped and joined Abu Basir, and it became the practice that every man of Quraish who went out having accepted Islam joined Abu Basir, till a band of them collected. Whenever they heard of a caravan which belonged to Quraish going out to Syria they intercepted it, killed the men and seized their goods; so Quraish sent a message to the Prophet adjuring him by God and the ties of relationship to send instructions to them to stop, and agreeing that anyone who came to him would be safe. So the Prophet sent them instructions. 1. Cf. Al-Qur'an; 105. 2. This indicates that a part of Bukhari’s tradition is omitted here. 3. Al-Qur'an; 60:10. 4. Literally “and I am killed." 5. Literally “would that he had someone!” It probably means that the Prophet wished Abu Basir had had some kinsfolk to whom he could go, and so save him the necessity of returning him to Mecca. 6. Bukhari's tradition is very long. In the version given here it is much reduced, the purpose evidently being to give the essential parts of it without including every detail. Bukhari transmitted it.6

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

"Allah’s Messenger (Allah bless him and give him peace) spent one whole night reciting a verse from the Qur’an.” Commentary: The aayah is the last aayah of Surah Maa-idah:

In tu-adh-dhib-hum fa-innahum 'ibaaduk. Wa in tagh-fir lahum fa-innaka antal azizul hakim.
Translation: "If Thou punish them, lo! they are Thy slaves, and if Thou forgive them, (lo! the are Thy slaves).Lo! Thou, only Thou, art Mighty, the wise".Surah Maa-idah, 118.

The Being that possesses great power, if He wills, He may forgive the criminal. The One that is all Wise, there is Wisdom and benefit in every act of His. The reason for Sayyidina Rasulullah Sallallahu 'Alayhi Wasallam reciting this aayah while standing and also in the ruku and sajdah, and repeating it many times, is to bring to mind the two attributes of Allah, namely the attributes of justice and forgiveness. The whole scene on the day of qiyaamah will be of these two things. It is stated that Imaam Aa'zam Abu Hanifah RA. also recited the following aayah the whole night:

Wamtaazul yauma ayyuhal mujrimun.
Translation: "But avaunt ye, O ye guilty, this day!" Surah Yaseen, 58.

In this aayah too the scene of qiyaamah is portrayed. That today the sinners should separate and distinguish themselves. What a severe and nerve-chilling command this is. Today they are together with the pious and holy people and benefiting from the barakaat (blessings) they receive, but at this moment the sinners will be separated from them. May the Most Merciful Allah with His Grace keep those pious souls under His shadow, otherwise it is really a time for great trials.

I used to recite to ‘AbdurRahman bin ‘Awf, and he found me waiting for him. That was in Mina during the last Hajj performed by `Umar bin al-Khattab (رضي الله عنه) Abdur-Rahman bin `Awf said: A man came to `Umar bin al-Khattab and said: So and so is saying: If `Umar (رضي الله عنه) dies, I will swear allegiance to So and so. ʼUmar (رضي الله عنه) said: I will stand before the people today and warn them against these people who want to deprive them of their rights, `Abdur-Rahman said: I said: O Ameer al-Mu`mineen, do not do that, for the Hajj season brings together the riffraff and rabble among the people, and most of the people who gather around and listen to you will be of that type. Is you stand before the people, I am afraid that you will say something that they will spread and not understand it properly or interpret it properly. Rather wait until you come to Madinah, for it is the land of Hijrah and the Sunnah, and you will meet the most knowledgeable and noble people there, and you can say what you want to say with confidence; they wilt understand what you say and will interpret it correctly, `Umar (رضي الله عنه) said: If I reach Madinah safe and sound, I shall certainly talk to the people there in the first speech I deliver. When we came to Madinah at the end of Dhul-I-Iijah, it was a Friday. I set out early, ‘Umar did not care at what time he went out, because he did not pay attention to heat and cold and so on. I found Sa`eed bin Zaid at the right-hand corner of the minbar, he had got there before me. I sat down next to him, with my knee touching his knee, and it was not long before `Umar (رضي الله عنه)came. When I saw him, I said: He will certainly speak today on this minbar and say something that no one ever heard before. Sa`eed bin Zaid objected to that and said: What do you think he will say that no one said before? `Umar (رضي الله عنه)sat on the minbar, and when the mu`dhdhin fell silent, he stood up and praised and glorified Allah as He deserves, then he said: To proceed o people, I am going to tell you something that it has been decreed I should say. I do not know, perhaps it may signal my death. So whoever understands it and remembers it, let him narrate it to others wherever his mount takes him; whoever does not understand il, it is not permissible for him to tell lies about me. Allah, may He be blessed and exalted, sent Muhammad (ﷺ) with the truth and revealed the Book to him; among the things that were revealed to him was the verse of stoning [adulterers). We read it and understood it; the Messenger of Allah (ﷺ) stoned [adulterers] and we stoned adulterers] after him. But I fear that with the passage of time, some people will say: We do not find the verse of stoning in the Book of Allah, thus they will go astray by forsaking an obligation that Allah revealed. Stoning is the due punishment in the Book of Allah for those who commit zina, both men and women, if they have been married and if proof is established, or there is a pregnancy or a confession, And we used to recite: Do not claim to be the offspring of anyone other than your fathers, as it is disbelief (or ingratitude) on your part to claim to be the offspring of anyone other than your fathers, Verily the Messenger of Allah (ﷺ) said: `Do not praise me excessively as `Eesa, the son of Maryam, was praised; rather I am the slave of Allah, so say, the slave of Allah and His Messenger.` I have heard that some among you are saying. If `Umar (رضي الله عنه) dies, I shall swear allegiance to So and so. No man should deceive himself by saying that the oath of allegiance to Abu Bakr was given suddenly and it was is successful. There is no doubt that this is the case, but Allah, may He be glorified and exalted, saved the to 2 people from its bad consequences and there is no one among you today who has the qualities of Abu Bakr (رضي الله عنه) What happened to us when the Messenger of Allah (ﷺ) died was that ‘Ali, az-Zubair and those who were with them stayed behind in the house of Fatimah, the daughter of the Messenger of Allah (ﷺ), and all the Ansar stayed behind and gathered in Saqeefat Banu Sa`idah, whilst the Muhajireen gathered around Abu Bakr (رضي الله عنه) I said to him; O Abu Bakr, let us go to our brothers, the Ansar. So we set out, looking for them, then we were met by two righteous men who told us what the people had done, and said: where are you going, O Muhajireen? I said: We are looking for these brothers of ours, the Ansar, They said. You should not go near them; do whatever you have already decided, O Muhajireen. I said: By Allah, we will go to them. So we carried on until we came to them in Saqeefat Banu Sa`idah, where we found them gathered and among them was a man wrapped up [in a garment. I said: Who is this? They said: Sa`d bin `Ubadah. ! said: What is the matter with him? They said: He is sick. After we sat down, their spokesman stood up and praised and glorified Allah, may He glorified and exalted, as He deserves, then he said: To proceed. We are the supporters (Ansar) of Allah and the majority of the Muslim army. You, O Muhajireen, are a small group among us. Some of you came to us, wanting to deny who we are and prevent us from attaining a position of authority. When he fell silent, I wanted to present a speech that I had prepared and that I liked in front of Abu Bakr (رضي الله عنه) I used to avoid provoking him and he was more forbearing and more dignified than me. But Abu Bakr (رضي الله عنه) said: Wait a while. I did not like to make him angry, and he was more knowledgeable and more dignified than me. By Allah, he did not omit any word that I liked in the speech I had prepared but he said something like it or better, speaking spontaneously, until he finished speaking. Then he said: To proceed. Whatever you have mentioned about your achievements and virtues, is correct. The Arabs would not acknowledge the leadership of anyone except someone from this tribe of Quraish, for they are the best of the Arabs in lineage and location. I am pleased to suggest to you one of these two men, whichever of them you want. Then he took hold of my hand and the hand of Abu `Ubaidah bin al-Jarrah, and I disliked nothing of what he had said apart from this, for by Allah, I would rather have my neck struck for no sin on my part than to become the leader of people among whom was Abu Bakr (رضي الله عنه) unless my own self suggested something at the time of death. One of the Ansar said: I am the post on which the camel with a skin disease scratches itself and I am like a high class palm tree [i.e., a noble]. [I suggest] a ruler from among us and a ruler from among you, O Quraish. - I the narrator said to Malik; What does ‘I am the post on which the cainc! with a skin disease scratches itself and I am like a high class palm tree` mean? He said:It is as if he is saying, I am the smart one who has the answer. - Then there was a great deal of clamour and raised voices, to such an extent that I feared there would be a conflict, so I said: Hold out your hand, O Abu Bakr. So he held out his hand and I swore allegiance to him, and the Muhajireen swore allegiance to him, then the Ansar swore allegiance to him. Thus we surrounded Sa`d bin ‘Ubadah. One of them said: You have killed Sa`d i said: May Allah kill Sa’d! And `Umar (رضي الله عنه) said: By Allah, we never encountered any problem greater than the swearing of allegiance to Abu Bakr (رضي الله عنه) . We were afraid that if we left the people without having sworn allegiance to anyone, they might swear allegiance after we were gone, so we would either follow in their footsteps and swear allegiance to someone we were not pleased with, or we would disagree with them and that would cause trouble. If anyone swears allegiance to a leader without consulting the Muslims, there is no allegiance for him and no allegiance to the one who swore allegiance to him, lest both of them be killed. Malik said: Ibn Shihab told me, from `Urwah bin az-Zubair, that the men whom they met were `Uwaim bin Sa`idah and Ma`n bin `Adiyy. Ibn Shihab said. Sa`eed bin al-Musayyab told me that the one who said, I am the post on which the camel with a skin disease scratches itself and I am like a high class palm tree, was al-lubab bin al-Mundhir.

“Allah’s Messenger (Allah bless him and give him peace) lost consciousness in his illness, then he regained consciousness and said: ‘Has the ritual prayer arrived?’ They said: ‘Yes,’ so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer.’ Then he lost consciousness, and when he recovered, he said: ‘Has the ritual prayer arrived?’ They said: ‘Yes,’ so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer.’ 'A'isha then said: ‘My father is a melancholy man. If he is given that responsibility, he will weep and lose command of himself. SO if only you would appoint someone else!' He [Salim] said: “Then he lost consciousness and recovered, so he said: ‘Command Bilal to give the call to prayer, and command Abu Bakr to lead the people in prayer, for you are the female companions of Yusuf!’ Bilal was therefore commanded, so he gave the call to prayer, and Abu Bakr was commanded, so he led the people in prayer. Then Allah’s Messenger (Allah bless him and give him peace) felt light in the head, so he said: ‘Find me someone I can lean on!’ Barira and another man therefore came to him, so he leaned on them. When Abu Bakr saw him, the man was about to withdraw, but he signaled for him to stay in his place until Abu Bakr completed his ritual prayer. Then Allah’s Messenger died (Allah bless him and give him peace), so 'Umar said: ‘If I hear anyone mention that Allah’s Messenger (Allah bless him and give him peace) has died, I will strike him with this sword of mine!”’ He [Salim] said: “The people were unlettered folk among whom there had never come a prophet before, so they held their tongues. But then they said: ‘O Salim, go to the Companion of Allah’s Messenger (Allah bless him and give him peace) and summon him.’ So I went to see Abu Bakr, in the mosque. I came to him weeping and perplexed, so when he saw me, he said: ‘Has Allah’s Messenger died (Allah bless him and give him peace)?’ I replied: 'Umar says: “If anyone mentions that Allah’s Messenger (Allah bless him and give him peace) has died, I will strike him with this sword of mine!” He then said to me: ‘Go outside,’ so I went outside with him. Then he came and found the people in the presence of Allah’s Messenger (Allah bless him and give him peace). “He therefore said: ‘O people, get out of my way,’ so they got out of his way. Then he leaned over him and touched him, saying: “You will surely die, and they will surely die." [inna-ka mayyitun wa inna-hum mayyitun].” (Al-Qur'an.39:3O). Then they said: ‘O Companion of Allah’s Messenger (Allah bless him and give him peace), should the funeral prayer be performed for Allah’s Messenger?’ When he said: ‘Yes,’ they asked: And how?’ He said: A group will enter, proclaim the Supreme Greatness of Allah, perform the ritual prayer and offer supplication. Then they will go out, so that other people may enter.’ They said: ‘O Companion of Allah’s Messenger (Allah bless him and give him peace), should Allah’s Messenger (Allah bless him and give him peace) be buried?’ When he said: ‘Yes,’ they asked: ‘Where?’ He said: ‘In the place in which Allah took his spirit, for Allah would not take his spirit in a place that was not good,’ and they knew that he had spoken the truth.’ Then he gave instructions for the sons of his father to bathe him, and the Emigrants [al-Muhajirun] assembled, consulting with one another. They said: ‘Take us to our brethren among the Helpers [al-Ansar], so that we may include them with us in this business.' The Helpers then said: ‘There should be a commander among us and a commander among you,’ so 'Umar ibn al-Khattab said: ‘Who has the like of these three [excellent merits of Abu Bakr]? [In the words of the Qur’an]: “The second of the two; when the two of them were in the cave, when he said to his companion: ‘Do not grieve. Allah is with us [thaniya’thnaini idh huma fi’l-ghari idh yaqulu li-sahibi-hi la tahzan inna’llaha ma'a-na].’” (Al-Qur'an.9:4O). Who are the two of them?’ Then he extended his hand, so they pledged allegiance to him, and the people paid him a beautiful homage.”