Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "

Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."

Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."

Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem.

He said: The third stage is that the Messenger of Allah (saws) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months.

Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition.

The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come."

The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185).

Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them, they would have been yours, but today they are the property of the heirs, and they are your two brothers and your two sisters, so divide it according to the Book of Allah.' A'isha continued, "I said, 'My father! By Allah, even if it had been more, I would have left it. There is only Asma. Who is my other sister?" Abu Bakr replied, 'What is in the womb of Kharija? (Kharija was the wife of Abu Bakr's 'brother' from the Ansar.) I think that it is going to be a girl.' "

I asked Aba Salama bin `Abdur-Rahman about the first Sura revealed of the Qur'an. He replied "O you, wrapped-up (i.e. Al Muddaththir)." I said, "They say it was, 'Read, in the Name of your Lord Who created,' (i.e. Surat Al-`Alaq (the Clot)." On that, Abu Salama said, "I asked Jabir bin `Abdullah about that, saying the same as you have said, whereupon he said, 'I will not tell you except what Allah's Apostle had told us. Allah's Apostle said, "I was in seclusion in the cave of Hiram', and after I completed the limited period of my seclusion. I came down (from the cave) and heard a voice calling me. I looked to my right, but saw nothing. Then I looked up and saw something. So I went to Khadija (the Prophet's wife) and told her to wrap me up and pour cold water on me. So they wrapped me up and poured cold water on me." Then, 'O you, (Muhammad) wrapped up! Arise and warn,' (Surat Al Muddaththir) was revealed." (74.1)

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep."

Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people."

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

(The tribes of) Ril, Dhakwan, 'Usaiya and Bani Lihyan asked Allah's Apostle to provide them with some men to support them against their enemy. He therefore provided them with seventy men from the Ansar whom we used to call Al-Qurra' in their lifetime. They used to collect wood by daytime and pray at night. When they were at the well of Ma'una, the infidels killed them by betraying them. When this news reached the Prophet , he said Al-Qunut for one month In the morning prayer, invoking evil upon some of the 'Arab tribes, upon Ril, Dhakwan, 'Usaiya and Bani Libyan. We used to read a verse of the Qur'an revealed in their connection, but later the verse was cancelled. It was: "convey to our people on our behalf the information that we have met our Lord, and He is pleased with us, and has made us pleased." (Anas bin Malik added:) Allah's Prophet said Qunut for one month in the morning prayer, invoking evil upon some of the 'Arab tribes (namely), Ril, Dhakwan, Usaiya, and Bani Libyan. (Anas added:) Those seventy Ansari men were killed at the well of Mauna.

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

Abu Hurairah reported the Prophet(saws) as saying Abraham(peace be upon him) never told a lie except on three occasions twice for the sake of Allaah. Allaah quoted his words (in the Qur’an) “I am indeed sick” and “Nay, this was done by - this is their biggest one”. Once he was passing through the land of a tyrant (king). He stayed there in a place. People went to the tyrant and informed him saying “A man has come down here; he has a most beautiful woman with him.” So he sent for him (Abraham) and asked about her. He said she is my sister. When he returned to her, he said “he asked me about you and I informed him that you were my sister. Today there is no believer except me and you. You are my sister in the Book of Allaah (i.e., sister in faith). So do not belie me before him. The narrator then narrated the rest of the tradition.

Abu Dawud said “A similar tradition has also been narrated by Shu’aib bin Abi Hamza from Abi Al Zinad from Al A’raj on the authority of Abu Hurairah from the Prophet (saws).

The Prophet said, "On the Day of Resurrection the Believers will assemble and say, 'Let us ask somebody to intercede for us with our Lord.' So they will go to Adam and say, 'You are the father of all the people, and Allah created you with His Own Hands, and ordered the angels to prostrate to you, and taught you the names of all things; so please intercede for us with your Lord, so that He may relieve us from this place of ours.' Adam will say, 'I am not fit for this (i.e. intercession for you).' Then Adam will remember his sin and feel ashamed thereof. He will say, 'Go to Noah, for he was the first Apostle, Allah sent to the inhabitants of the earth.' They will go to him and Noah will say, 'I am not fit for this undertaking.' He will remember his appeal to his Lord to do what he had no knowledge of, then he will feel ashamed thereof and will say, 'Go to the Khalil--r-Rahman (i.e. Abraham).' They will go to him and he will say, 'I am not fit for this undertaking. Go to Moses, the slave to whom Allah spoke (directly) and gave him the Torah .' So they will go to him and he will say, 'I am not fit for this undertaking.' and he will mention (his) killing a person who was not a killer, and so he will feel ashamed thereof before his Lord, and he will say, 'Go to Jesus, Allah's Slave, His Apostle and Allah's Word and a Spirit coming from Him. Jesus will say, 'I am not fit for this undertaking, go to Muhammad the Slave of Allah whose past and future sins were forgiven by Allah.' So they will come to me and I will proceed till I will ask my Lord's Permission and I will be given permission. When I see my Lord, I will fall down in Prostration and He will let me remain in that state as long as He wishes and then I will be addressed.' (Muhammad!) Raise your head. Ask, and your request will be granted; say, and your saying will be listened to; intercede, and your intercession will be accepted.' I will raise my head and praise Allah with a saying (i.e. invocation) He will teach me, and then I will intercede. He will fix a limit for me (to intercede for) whom I will admit into Paradise. Then I will come back again to Allah, and when I see my Lord, the same thing will happen to me. And then I will intercede and Allah will fix a limit for me to intercede whom I will let into Paradise, then I will come back for the third time; and then I will come back for the fourth time, and will say, 'None remains in Hell but those whom the Qur'an has imprisoned (in Hell) and who have been destined to an eternal stay in Hell.' " (The compiler) Abu `Abdullah said: 'But those whom the Qur'an has imprisoned in Hell,' refers to the Statement of Allah: "They will dwell therein forever." (16.29)

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.

I was sitting in the company of the poor members of the emigrants. Some of them were sitting together because of lack of clothing while a reader was reciting to us. All of a sudden the Messenger of Allah (saws) came along and stood beside us. When the Messenger of Allah (saws) stood, the reader stopped and greeted him.

He asked: What were you doing? We said: Messenger of Allah! We had a reader who was reciting to us and we were listening to the Book of Allah, the Exalted.

The Messenger of Allah (saws) then said: Praise be to Allah Who has put among my people those with whom I have been ordered to stay. The Messenger of Allah (saws) then sat among us so as to be like one of us, and when he had made a sign with his hand they sat in a circle with their faces turned towards him.

The narrator said: I think that the Messenger of Allah (saws) did not recognize any of them except me.

The Messenger of Allah (saws) then said: Rejoice, you group of poor emigrants, in the announcement that you will have perfect light on the Day of Resurrection. You will enter Paradise half a day before the rich, and that is five hundred years.

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.

Al-Aqra', the mu'adhdhin (announcer) of Umar ibn al-Khattab said: Umar sent me to a bishop and I called him.

Umar said to him: Do you find me in the Book? He said: Yes. He asked: How do you find me? He said: I find you (like a) castle. Then he raised a whip to him, saying: What do you mean by castle? He replied: An iron castle and severely trustworthy. He asked: How do you find the one who will come after me? He said: I find him a pious caliph, except that he will prefer his relatives. Umar said: May Allah have mercy on Uthman: He said it three times. He then asked: How do you find the one who will come after him?

He replied: I find him like rusty iron. Umar then put his hand on his head, and said: O filthy! O filthy! He said: Commander of the Faithful! He is a pious caliph, but when he is made caliph, the sword will be unsheathed and blood will be shed.

Abu Dawud said: Al-dafr means filth or evil smell.

There was a disagreement between them (i.e. Ibn `Abbas and Ibn Az-Zubair) so I went to Ibn `Abbas in the morning and said (to him), "Do you want to fight against Ibn Zubair and thus make lawful what Allah has made unlawful (i.e. fighting in Meccas?" Ibn `Abbas said, "Allah forbid! Allah ordained that Ibn Zubair and Bani Umaiya would permit (fighting in Mecca), but by Allah, I will never regard it as permissible." Ibn `Abbas added. "The people asked me to take the oath of allegiance to Ibn AzZubair. I said, 'He is really entitled to assume authority for his father, Az-Zubair was the helper of the Prophet, his (maternal) grandfather, Abu Bakr was (the Prophet's) companion in the cave, his mother, Asma' was 'Dhatun-Nitaq', his aunt, `Aisha was the mother of the Believers, his paternal aunt, Khadija was the wife of the Prophet , and the paternal aunt of the Prophet was his grandmother. He himself is pious and chaste in Islam, well versed in the Knowledge of the Qur'an. By Allah! (Really, I left my relatives, Bani Umaiya for his sake though) they are my close relatives, and if they should be my rulers, they are equally apt to be so and are descended from a noble family.

It is a sign of having knowledge that, when you do not know something, you say: 'Allah knows better.' Allah said to his Prophet: 'Say: No wage do I ask of you for this (Qur'an), nor am I one of the pretenders (a person who pretends things which do not exist)' (38.86) When the Quraish troubled and stood against the Prophet he said, "O Allah! Help me against them by afflicting them with seven years of famine like the seven years of Joseph." So they were stricken with a year of famine during which they ate bones and dead animals because of too much suffering, and one of them would see something like smoke between him and the sky because of hunger. Then they said: Our Lord! Remove the torment from us, really we are believers. (44.12) And then it was said to the Prophet (by Allah), "If we remove it from them. they will revert to their ways (of heathenism)." So the Prophet invoked his Lord, who removed the punishment from them, but later they reverted (to heathenism), whereupon Allah punished them on the day of the Battle of Badr, and that is what Allah's Statement indicates: 'Then watch for the day that the sky will bring forth a kind of smoke plainly visible...we will indeed (then) exact retribution.' (44.10).

While we were on one of our journeys, we dismounted at a place where a slave girl came and said, "The chief of this tribe has been stung by a scorpion and our men are not present; is there anybody among you who can treat him (by reciting something)?" Then one of our men went along with her though we did not think that he knew any such treatment. But he treated the chief by reciting something, and the sick man recovered whereupon he gave him thirty sheep and gave us milk to drink (as a reward). When he returned, we asked our friend, "Did you know how to treat with the recitation of something?" He said, "No, but I treated him only with the recitation of the Mother of the Book (i.e., Al-Fatiha)." We said, "Do not say anything (about it) till we reach or ask the Prophet so when we reached Medina, we mentioned that to the Prophet (in order to know whether the sheep which we had taken were lawful to take or not). The Prophet said, "How did he come to know that it (Al-Fatiha) could be used for treatment? Distribute your reward and assign for me one share thereof as well."

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."

Abu Talha was the richest man in Medina amongst the Ansar and Beeruha' (garden) was the most beloved of his property, and it was situated opposite the mosque (of the Prophet.). Allah's Apostle used to enter it and drink from its sweet water. When the following Divine Verse were revealed: 'you will not attain righteousness till you spend in charity of the things you love' (3.92), Abu Talha got up in front of Allah's Apostle and said, "O Allah's Apostle! Allah says in His Book, 'You will not attain righteousness unless you spend (in charity) that which you love,' and verily, the most beloved to me of my property is Beeruha (garden), so I give it in charity and hope for its reward from Allah. O Allah's Apostle! Spend it wherever you like." Allah's Apostle appreciated that and said, "That is perishable wealth, that is perishable wealth. I have heard what you have said; I suggest you to distribute it among your relatives." Abu Talha said, "I will do so, O Allah's Apostle." So, Abu Talha distributed it among his relatives and cousins. The sub-narrator (Malik) said: The Prophet said: "That is a profitable wealth," instead of "perishable wealth".

One day while Allah's Apostle was sitting with the people, a man came to him walking and said, "O Allah's Apostle. What is Belief?" The Prophet said, "Belief is to believe in Allah, His Angels, His Books, His Apostles, and the meeting with Him, and to believe in the Resurrection." The man asked, "O Allah's Apostle What is Islam?" The Prophet replied, "Islam is to worship Allah and not worship anything besides Him, to offer prayers perfectly, to pay the (compulsory) charity i.e. Zakat and to fast the month of Ramadan." The man again asked, "O Allah's Apostle What is Ihsan (i.e. perfection or Benevolence)?" The Prophet said, "Ihsan is to worship Allah as if you see Him, and if you do not achieve this state of devotion, then (take it for granted that) Allah sees you." The man further asked, "O Allah's Apostle When will the Hour be established?" The Prophet replied, "The one who is asked about it does not know more than the questioner does, but I will describe to you its portents. When the lady slave gives birth to her mistress, that will be of its portents; when the bare-footed naked people become the chiefs of the people, that will be of its portents. The Hour is one of five things which nobody knows except Allah. Verily, the knowledge of the Hour is with Allah (alone). He sends down the rain, and knows that which is in the wombs." (31.34) Then the man left. The Prophet said, "Call him back to me." They went to call him back but could not see him. The Prophet said, "That was Gabriel who came to teach the people their religion." (See Hadith No. 47 Vol 1)

Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, "Keeping gold and silver out of circulation is part of working corruption in the land."

Malik said, "There is no harm in buying gold with silver or silver with gold without measuring if it is unminted or a piece of jewellery which has been made. Counted dirhams and counted dinars should not be bought without reckoning until they are known and counted. To abandon number and buy them at random would only be to speculate. That is not part of the business transactions of Muslims. As for what is weighed of unminted objects and jewellery, there is no harm in buying such things without measuring. To buy them without measuring is like buying wheat, dried dates, and such food-stuffs, which are sold without measuring, even though things like them are measured "

Malik spoke about buying a Qur'an, a sword or a signet ring which had some gold or silver work on it with dinars or dirhams. He said, "The value of the object bought with dinars, which has gold in it is looked at. If the value of the gold is up to one-third of the price, it is permitted and there is no harm in it if the sale is hand to hand and there is no deferment in it. When something is bought with silver which has silver in it, the value is looked at. If the value of the silver is one- third, it is permitted and there is no harm in it if the sale is hand to hand. That is still the way of doing things among us."

Malik said, "When a man owes money to another man and he asks him to let it stay with him as a quirad, that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation, and want to delay it to increase it for him."

Malik spoke about an investor who made a qirad loan to a man, and some of the principal was lost before he used it, and then he used it and made a profit. The agent wanted to make the principal the remainder of the money after what was lost from it. Malik said, "His statement is not accepted, and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad."

Malik said, "Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles."

Malik said, "There are certain transactions which if a long span of time passes after the transaction takes place, its revocation becomes unacceptable. As for usury, there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah, the Blessed and the Exalted, said in His Book, 'If you repent, you have your capital back, not wronging and not wronged. ' "

32.4 Conditions Permitted in Qirad

Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, "O fornicator." Zurayq said, "So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al- Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon."

Zurayq said, "I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.' "

Yahya said, "I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted."

Allah sent (the Prophet) Muhammad and said:-- 'Say, No wage do I ask of you for this (Qur'an) nor am I one of the pretenders (i.e. a person who pretends things which do not exist). (38.68) When Allah's Apostle saw Quraish standing against him, he said, "O Allah! Help me against them by afflicting them with seven years of famine similar to the seven years (of famine) of Joseph. So they were afflicted with a year of drought that destroyed everything, and they ate bones and hides. (One of them said), "And they ate hides and dead animals, and (it seemed to them that) something like smoke was coming out of the earth. So Abu Sufyan came to the Prophet and said, "O Muhammad! Your people are on the verge of destruction! Please invoke Allah to relieve them." So the Prophet invoked Allah for them (and the famine disappeared). He said to them. "You will revert (to heathenism) after that." `Abdullah then recited: 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible.......but truly you will revert (to disbelief).' He added, "Will the punishment be removed from them in the Hereafter? The smoke and the grasp and the Al-Lizam have all passed." One of the sub-narrater said, "The splitting of the moon." And another said, "The defeat of the Romans (has passed).

The Prophet said, "The people were displayed in front of me and I saw one prophet passing by with a large group of his followers, and another prophet passing by with only a small group of people, and another prophet passing by with only ten (persons), and another prophet passing by with only five (persons), and another prophet passed by alone. And then I looked and saw a large multitude of people, so I asked Gabriel, "Are these people my followers?' He said, 'No, but look towards the horizon.' I looked and saw a very large multitude of people. Gabriel said. 'Those are your followers, and those are seventy thousand (persons) in front of them who will neither have any reckoning of their accounts nor will receive any punishment.' I asked, 'Why?' He said, 'For they used not to treat themselves with branding (cauterization) nor with Ruqya (get oneself treated by the recitation of some Verses of the Qur'an) and not to see evil omen in things, and they used to put their trust (only) in their Lord." On hearing that, 'Ukasha bin Mihsan got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, "O Allah, make him one of them." Then another man got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, 'Ukasha has preceded you."

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

The Prophet (p.b.u.h) recited (the Qur'an) aloud during the eclipse prayer and when he had finished the eclipse prayer he said the Takbir and bowed. When he stood straight from bowing he would say "Sami 'allahu liman hamidah Rabbana wa laka l-hamd." And he would again start reciting. In the eclipse prayer there are four bowing and four prostrations in two rak`at. Al-Auza'i and others said that they had heard Az-Zuhri from 'Urwa from `Aisha saying, "In the lifetime of Allah's Apostle the sun eclipsed, and he made a person to announce: 'Prayer in congregation.' He led the prayer and performed four bowing and four prostrations in two rak`at." Narrated Al-Walid that `Abdur-Rahman bin Namir had informed him that he had heard the same. Ibn Shihab heard the same. Az-Zuhri said, "I asked ('Urwa), 'What did your brother `Abdullah bin Az-Zubair do? He prayed two rak`at (of the eclipse prayer) like the morning prayer, when he offered the (eclipse) prayer in Medina.' 'Urwa replied that he had missed (i.e. did not pray according to) the Prophet's tradition." Sulaiman bin Kathir and Sufyan bin Husain narrated from Az-Zuhri that the prayer for the eclipse used to be offered with loud recitation.

The Messenger of Allah (saws) said to al-Abbas ibn AbdulMuttalib: Abbas, my uncle, shall I not give you, shall I not present to you, shall I not donate to you, shall I not produce for you ten things? If you act upon them, Allah will forgive you your sins, first and last, old and new, involuntary and voluntary, small and great, secret and open.

These are the ten things: you should pray four rak'ahs, reciting in each one Fatihat al-Kitab and a surah. When you finish the recitation of the first rak'ah you should say fifteen times while standing: "Glory be to Allah", "Praise be to Allah", "There is no god but Allah", "Allah is most great". Then you should bow and say it ten times while bowing. Then you should raise your head after bowing and say it ten times. Then you should kneel down in prostration and say it ten times while prostrating yourself. Then you should raise your head after prostration and say it ten times. Then you should prostrate yourself and say it ten times. Then you should raise your head after prostrating and say it ten times in every rak'ah. You should do that in four rak'ahs.

If you can observe it once daily, do so; if not, then once weekly; if not, then once a month; if not, then once a year; if not, then once in your lifetime.

That the Prophet sent his (i.e. Abu Burda's) grandfather, Abu Musa and Mu`adh to Yemen and said to both of them "Facilitate things for the people (Be kind and lenient) and do not make things difficult (for people), and give them good tidings, and do not repulse them and both of you should obey each other." Abu Musa said, "O Allah's Prophet! In our land there is an alcoholic drink (prepared) from barley called Al-Mizr, and another (prepared) from honey, called Al-Bit"' The Prophet said, "All intoxicants are prohibited." Then both of them proceeded and Mu`adh asked Abu Musa, "How do you recite the Qur'an?" Abu Musa replied, "I recite it while I am standing, sitting or riding my riding animals, at intervals and piecemeal." Mu`adh said, "But I sleep and then get up. I sleep and hope for Allah's Reward for my sleep as I seek His Reward for my night prayer." Then he (i.e. Mu`adh) pitched a tent and they started visiting each other. Once Mu`adh paid a visit to Abu Musa and saw a chained man. Mu`adh asked, "What is this?" Abu Musa said, "(He was) a Jew who embraced Islam and has now turned apostate." Mu`adh said, "I will surely chop off his neck!"

We went out with the Messenger of Allah (saws) accompanying the bier of a man of the Ansar. When we reached his grave, it was not yet dug. So the Messenger of Allah (saws) sat down and we also sat down around him as if birds were over our heads. He had in his hand a stick with which he was scratching the ground.

He then raised his head and said: Seek refuge with Allah from the punishment in the grave. He said it twice or thrice.

The version of Jabir adds here: He hears the beat of their sandals when they go back, and at that moment he is asked: O so and so! Who is your Lord, what is your religion, and who is your Prophet?

Hannad's version says: Two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: My Lord is Allah. They will ask him: What is your religion? He will reply: My religion is Islam. They will ask him: What is your opinion about the man who was sent on a mission among you? He will reply: He is the Messenger of Allah (saws). They will ask: Who made you aware of this? He will reply: I read Allah's Book, believed in it, and considered it true; which is verified by Allah's words: "Allah's Book, believed in it, and considered it true, which is verified by Allah's words: "Allah establishes those who believe with the word that stands firm in this world and the next."

The agreed version reads: Then a crier will call from Heaven: My servant has spoken the truth, so spread a bed for him from Paradise, clothe him from Paradise, and open a door for him into Paradise. So some of its air and perfume will come to him, and a space will be made for him as far as the eye can see.

He also mentioned the death of the infidel, saying: His spirit will be restored to his body, two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: Alas, alas! I do not know. They will ask him: What is your religion? He will reply: Alas, alas! I do not know. They will ask: Who was the man who was sent on a mission among you? He will reply: Alas, alas! I do not know. Then a crier will call from Heaven: He has lied, so spread a bed for him from Hell, clothe him from Hell, and open for him a door into Hell. Then some of its heat and pestilential wind will come to him, and his grave will be compressed, so that his ribs will be crushed together.

Jabir's version adds: One who is blind and dumb will then be placed in charge of him, having a sledge-hammer such that if a mountain were struck with it, it would become dust. He will give him a blow with it which will be heard by everything between the east and the west except by men and jinn, and he will become dust. Then his spirit will be restored to him.

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."