Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

We went out with the Prophet to the funeral of a man of the Ansar and came to the grave. It had not yet been dug, so God’s messenger sat down and we sat down around him quietly. He had in his hand a stick with which he was making marks on the ground. Then he raised his head and said, “Seek refuge in God from the punishment of the grave saying it twice or thrice. He then said, “When a believer is about to leave the world and go forward to the next world, angels with faces white as the sun come down to him from heaven with one of the shrouds of paradise and some of the perfume of paradise and sit away from him as far as the eye can see. Then the angel of death comes and sits at his head and says, 'Good soul, come out to forgiveness and acceptance from God.' It then comes out as a drop flows from a water-skin and he seizes it; and when he does so, they do not leave it in his hand for an instant, but take it and place it in that shroud and that perfume, and from it there comes forth a fragrance like that of the sweetest musk found on the face of the earth. They then take it up and do not bring it past a company of angels without their asking, “Who is this good soul?' to which they reply, ‘So and so, the son of so and so,’ using the best of his names by which people called him on the earth. They then bring him to the lowest heaven and ask that the gate should be opened for him. This is done, and from every heaven its archangels escort him to the next heaven till he is brought to the seventh heaven, and God who is great and glorious says, ‘Record the book of my servant in ‘Illiyun (Cf. Qur’an, lxxxiii, 18) and take him back to earth, for I created mankind from it, I shall return them into it, and from it I shall bring them forth another time.' His soul is then restored to his body, two angels come to him, and making him sit up say to him, ‘Who is your Lord?’ He replies, ‘My Lord is God.’ They ask, ‘What is your religion?’ and he replies, ‘My religion is Islam.’ They ask, ‘Who is this man who was sent among you?’ and he replies, ‘He is God’s messenger.’ They ask, ‘What is your [source of] knowledge?’ and he replies, ‘I have read God’s Book, believed in it and declared it to be true.’ Then one cries from heaven, ‘My servant has spoken the truth, so spread out carpets from paradise for him, clothe him from paradise, and open a gate for him into paradise.’ Then some of its joy and fragrance comes to him, his grave is made spacious for him as far as the eye can see, and a man with a beautiful face, beautiful garments and a sweet odour comes to him and says, ‘Rejoice in what pleases you for this is your day which you have been promised.' He asks, ‘Who are you, for your face is perfectly beautiful and brings good?” He replies, ‘I am your good deeds.’ He then says, ‘My Lord, bring the last hour; my Lord, bring the last hour, so that I may return to my people and my property.’ But when an infidel is about to leave the world and proceed to the next world, angels with black faces come down to him from heaven with hair-cloth and sit away from him as far as the eye can see. Then the angel of death comes and sits at his head and says, ‘Wicked soul, come out to displeasure from God.’ Then it becomes dissipated in his body, and he draws it out as a spit is drawn out from moistened wool. He then seizes it, and when he does so they do not leave it in his hand for an instant, but put it in that hair-cloth and from it there comes forth a stench like the most offensive stench of a corpse found on the face of the earth. They then take it up and do not bring it past a company of angels without their asking, ‘Who is this wicked soul?’ to which they reply, ‘So and so, the son of so and so,’ using the worst names he was called in the world. When he is brought to the lowest heaven request is made that the gate be opened for him, but it is not opened for him. (God’s messenger then recited, ‘The gates of heaven will not be opened for them and they will not enter paradise until a camel can pass through the eye of a needle.)(Qur'an, vii, 40) God who is great and glorious then says, ‘Record his book in Sijjin (Cf. Qur’an, Ixxxiii, 7 ff) in the lowest earth,’ and his soul is thrown down. (He then recited, ‘He who assigns partners to God is as if he had fallen down from heaven and been snatched up by birds, or made to fall by the wind in a place far distant.')(Qur’an, xxii, 31). His soul is then restored to his body, two angels come to him, and making him sit up say to him, ‘Who is your Lord?’. He replies, ‘Alas, alas, I do not know.’ They ask, ‘What is your religion?' and he replies, ‘Alas, alas, I do not know.’ They ask, ‘Who is this man who was sent among you?' and he replies, ‘Alas, alas, I do not know.’ Then one cries from heaven, ‘He has lied, so spread out carpets from hell for him, and open a gate for him into hell.’ Then some of its heat and hot air comes to him, his grave is made narrow for him so that his ribs are pressed together in it, and a man with an ugly, face, ugly garments and an offensive odour come to him and says, ‘Be grieved with what displeases you, for this is your day which you have been promised.’ He asks, ‘Who are you, for your face is most ugly and brings evil?' He replies, ‘I am your wicked deeds.’ He then says, ‘My Lord, do not bring the last hour.’ ” In a version there is something similar containing an addition: “When his soul comes out every angel between heaven and earth and every angel in heaven invoke blessings on him, and the gates of heaven are opened for him, no guardians of a gate failing to supplicate God that his soul may be taken up beyond them. But his soul, i.e., the infidel’s, is pulled out along with the veins and every angel between heaven and earth and every angel in heaven curse him, and the gates of heaven are locked, no guardians of a gate failing to supplicate God that his soul may not be taken up beyond them. Ahmad transmitted it.

Al-Hasan reported that a man ordered one of his slaves to draw water using one of his camels and the man fell asleep. The master came with a torch and put it in his face and the slave fell into the well. In the morning, the slave went to 'Umar ibn al-Khattab and 'Umar saw what had happened to his slave and therefore 'Umar set him free."

'Abdullah reported that the Prophet, may Allah bless him and grant him peace, said, "You must be truthful. Truthfulness leads to dutifulness and dutifulness leads to the Garden. A man continues to tell the truth until he is written as a siddiq with Allah. Beware of lying. Lying leads to deviance and deviance leads to the Fire. A man continues to lie until he is written as a liar with Allah."

A man came to the Prophet (SAW) and said, "My wife rejects no hand of a man who wished to touch her." He said, "Banish her." He replied, "I am afraid my soul may desire her." He said, "Then enjoy her." [Reported by Abu Dawud and al-Bazzar, and its narrators are reliable].

The Prophet (SAW) said, "Usury has seventy-three categories, the least one in sin is as that of a man who marries (has sexual relations with) his mother, and the very essence of usury is the (violation of the) honor of a Muslim man." [Ibn Majah reported it in a short form and al-Hakim in a complete one. The latter also graded it Sahih (authentic)].

"The Messenger of Allah (SAW) said: 'There is no 'Adwa (contagion), no Tiyarah (evil omen) and no Hamah.' A Bedouin man stood up and said: 'O Messenger of Allah, what do you think about a camel that suffers from mange and then all other camels get mange?' He said: 'That is because of the Divine Decree. How else did the first one get mange?'"

Note: The majority of scholars interpret this to mean that these things in and of themselves do not transmit or cause harm through supernatural or hidden means but that Allah is ultimately in control and any fearful superstition around these is false.

The Messenger of Allah said: "May Allah cause his face to shine, the man who hears what I say and conveys it (to others). There are those who have knowledge but no understanding, and there may be those who convey knowledge to those who have more understanding of it than they do.' " (One of the narrators) 'Ali bin Muhammed added to it: "There are three things because of which hatred does not enter the heart of a Muslim: Sincerity in doing an action for the sake of Allah; being sincere towards the rulers of the Muslims; and adhering to the Jama'ah (main body of the Muslims."

"I heard Ibn 'Abbas saying that a man was injured in the head at the time of the Messenger of Allah, then he had a wet dream. He was told to have a bath, so he took the bath, became rigid and stiff, and died. News of that reached the Messenger of Allah and he said: 'They have killed him, may Allah kill them! Is not the cure for a lack of knowledge to ask questions?'"'Ata' said: "We heard that the Messenger of Allah said: 'If only he had washed his body and left his head alone where the wound was.'"

when a man had come to the Messenger of Allah (saas), he heard him say: "O Messenger of Allah, what should I say when I ask of Allah?" He said: "Say: Allahumma-ghfirli warhamni wa 'afini warzuqni (O Allah, forgive me, have mercy on me, keep me safe and sound and grant me provision)," and he held up his four fingers apart from the thumb and said: "These combine your religious and worldly affairs."

Abu Ajfa As-Sulami said: “Umar bin Khattab said: 'Do not go to extremes with regard to the dowries of women, for if that were a sign of honor and dignity in this world or a sign of Taqwa before Allah, then Muhammad (saws) would have done that before you. But he did not give any of his wives and none of his daughters were given more than twelve uqiyyah. A man may increase dowry until he feels resentment against her and says: “You cost me everything I own,” or, “You caused me a great deal of hardship.”'” (Hassan)

"A man from Banu Fazdrah came to the Messenger of Allah, and said: 'O Messenger of Allah, my wife has given birth to a black boy! The Messenger of Allah said: 'Do you have camels?' He said: 'Yes.' He said: 'What color are they?' He said: 'Red.' He said: 'Are there any grey ones among them?' He said: 'Yes, there are some grey ones among them.' He said: 'Where does that come from?' He said: 'Perhaps it is hereditary.' He said: 'Likewise, perhaps this is hereditary! "

"Habibah bint Sahl was married to Thabit bin Qais bin Shammas, who was an ugly man. She said: 'O Messenger of Allah, (SAW) by Allah, were it not for fear of Allah when he enters upon me I would spit in his face.' The Messenger of Allah (SAW) said: 'Will you give him back his garden?' She :said: 'Yes.' So she gave him back his garden and the Messenger of Allah (SAW) separated them."

“Why don’t we invite the Prophet (saw) to eat with us?” So they invited him and he came. He put his hand on the doorpost of the house and saw a thin curtain in the corner of the house, so he went back. Fatimah said to ‘Ali: “Go and catch up with him, and ask him: ‘What made you go back, O Messenger of Allah?” He said: “I do not enter a well-decorated house.”

“A man came to the Prophet (saw) and said: ‘O Messenger of Allah! I stay behind and do not perform the morning prayer (in congregation) because of so-and-so, for he makes it too long for us.’ I never saw the Messenger of Allah (saw) preaching with such anger as he did that day. He said; ‘O people! There are among you those who repel others. Whoever among you leads others in prayer, let him keep it short, for among them are those who are weak and elderly, and those who have pressing needs.’”

“One night at the time of the Messenger of Allah (saw) I was late returning from the ‘Isha’, then I came and he said: ‘Where were you?’ I said: ‘I was listening to the recitation of a man among your Companions, for I have never heard a recitation or a voice like his from anyone.’ He got up and I got up with him, to go and listen to him. Then he turned to me and said: ‘This is Salim, the freed slave of Abu Hudhaifah. Praise is to Allah Who has created such men among my Ummah.’”

“As for the people of Hell, who are its people (i.e., its permanent residents), they will neither die nor live therein. But there are some people who will be punished with fire because of their sins, whom it will kill, then when they have become like coal, permission will be granted for intercession for them. They will be brought, group by group, and scattered on the banks of the rivers of Paradise. It will be said: ‘O people of Paradise, pour water on them.’ Then they will grow like seeds carried by a flood (i.e., quickly).” A man among the people said: It is as if the Messenger of Allah (saw) has been in the desert.”

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Ya'qub that he heard Abu's-Sa'ib, the mawla of Hisham ibn Zuhra, say he had heard Abu Hurayra say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Whoever prays a prayer without reciting the umm al-Qur'an in it, his prayer is aborted, it is aborted, it is aborted, incomplete.' So I said, 'Abu Hurayra, sometimes I am behind the imam.'Hepulled my forearm and said, 'Recite it to yourself, O Persian, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say that Allah the Blessed, the Exalted, said, "I have divided the prayer into two halves between me and my slave. One half of it is for Me and one half of it is for IVly slave, and My slave has what he asks." ' The Messenger of Allah, may Allah bless him and grant him peace, said, "Recite." The slave says, 'Praise be to AIIah, the Lord of theWorlds.' Allah the Blessed, the Exalted, says, 'My slave has praised Me.' The slave says, 'The Merciful, the Compassionate.' Allah says, 'My slave has spoken well of Me.' The slave says, 'Master of the Day of the Deen.' Allah says, 'My slave has glorified Me.' The slave says, 'You alone we worship and You alone we askforhelp.'Allahsays,'This ayat is between Me and My slave, and for My slave is what he asks. 'The slave says, 'Guide us in the straight Path, the Path of those whom You have blessed, not of those with whom You are angry, nor those who are in error. ' Allah says, 'These are for My slaves, and for my slave is what he asks . ' " ' "

"I accompanied the Prophet (SAW) on a journey. One day I was near him while we were moving so I said: 'O Messenger of Allah! Inform me about an action by which I will be admitted into Paradise, and which will keep me far from the Fire.' He said: 'You have asked me about something great, but it is easy for whomever Allah makes it easy: Worship Allah and do not associate any partners with Him, establish the Salat, give the Zakat, fast Ramadan and perform Hajj to the HOuse.' Then he said: 'Shall I not guide you to the doors of good? Fasting is a shield, and charity extinguishes sins like water extinguishes fire - and a man's praying in depths of the night.'" He said: "Then he recited: 'Their sides forsake their beds to call upon their Lord.' Until he reached: 'What they used to do.' [32:16-17] Then he said: 'Shall I not inform you about the head of the entire matter, and its pillar, and its hump?' I said: 'Of course O Messenger of Allah! He said: 'The head of the matter is Islam, and its pillar is the Salat, and its hump is Jihad.' Then he said: 'Shall I not inform you about what governs all of that?' I said: 'Of course O Messenger of Allah!'" He (SAW) said: "So he grabbed his tongue. He said 'Restrain this.' I said: 'O Prophet of Allah! Will we be taken to account for what we say?' He said: 'May your mother grieve your loss O Mu'adh! Are the people tossed into the Fire upon their faces, or upon their noses, except because of what their tongues have wrought'"

I heard 'Umar bin al-Khattab say: When ‘Abdullah bin Ubayy died, the Messenger of Allah ﷺ was called to offer the funeral prayer for him, and when he stood by the deceased and was about to offer the prayer for him. I went and stood before him and said: O Messenger of Allah, (will you offer the funeral prayer) for the enemy of Allah who said such and such? and I listed what he had done. And the Messenger of Allah ﷺ was smiling until when I had said too much, he said: `Move away from me, O ‘Umar, for I was given the choice and I have chosen. It was said: `Whether you (O Muhammad) ask forgiveness for them (hypocrites) or ask not forgiveness for them- (and even) if you ask seventy times for their forgiveness-Allah will not forgive them' [at-Tawbah 9:80]. If I knew that by asking for forgiveness more than seventy times they would be forgiven, I would have done that.` He said: Then he offered the funeral prayer for him, and walked with him (his bier), and stood by his grave until the burial was completed. He said: I was astounded that I had spoken so audaciously to the Messenger of Allah ﷺ; Allah and His Messenger know best. By Allah, it was not long before these two verses were revealed: “And never (O Muhammad pray (funeral prayer) for any of them (hypocrites) who dies, nor stand at his grave. Certainly they disbelieved in Allah and His Messenger, and died while they were Fasiqoon (rebellious, - disobedient to AIlah and His Messenger).`[at-Tawbah9:84]. So after that the Messenger of Allah ﷺ did not offer the funeral prayer for any hypocrite or stand by his grave until he passed away.

'A’isha said the people complained to God’s Messenger of the lack of rain, so he gave orders for a pulpit, and when it was set up for him in the place of prayer he appointed a day for the people on which they should come out. ‘A’isha said God’s Messenger came out when the rim of the sun appeared and sat down on the pulpit. Having declared God’s greatness and expressed His praise, he said, “You have complained of drought in your abodes and of delay in receiving rain at the beginning of its season, but God has ordered you to supplicate Him and has promised that He would answer your prayers.” Then he said, “Praise be to God, the Lord of the universe, the Compassionate, the Merciful, the Master of the day of judgment. There is no god but God who does what He wishes. O God, Thou art God than whom there is no god, the Rich, while we are the poor. Send down rain upon us and make what Thou sendest down a strength and satisfaction for us for a time.” He then raised his hands and kept raising them till the whiteness under his armpits was visible. He then turned his back to the people and inverted (or, turned round) his cloak while keeping his hands aloft. He then faced the people, descended and prayed two rak'as. God then produced a cloud and a storm of thunder and lightning came on. Then it rained by God’s permission, and before he reached his mosque streams were flowing. When he saw the speed with which the people sought shelter he laughed till his back teeth were visible. Then he said, “I testify that God is omnipotent and that I am God’s servant and Messenger.” Abu Dawud transmitted it.

"I was asked about those who were involved in the case of Li'an and if they are to be separated, during the leadership of Mus'ab bin Az-Zubair. I did not know what to say. So I went to the house of Abdullah bin Umar and I sought permission to enter. I was told that he was taking a nap, but he heard me talking and he said: 'Is it Ibn Jubair? Enter. You would not have come except for a need.'"He said: "So I entered and found him lying on a saddlecloth from his mount. I said: 'O Abu Abdur-Rahman! Are those involved in Li'an separated?' He said: 'Glorious is Allah! Yes. The first who asked about that was so-and-so the son of so-and-so. He came to the Prophet and said: "O Messenger of Allah! If one of us saw his wife committing adultery what should he do? If he were to say anything, his statement would be a horrible matter, and if he were to remain silent, his silence about the matter would be horrible." "He said: 'So the Prophet remained silent and did not answer him. Afterwards he came to the Prophet and said: "The one who asked you about it has been tried by it." So Allah revealed these Ayat from Surat An-Nur. And those who accuse their wives and have no witnesses except themselves - until the end of those Ayat. So he called for the man and recited the Ayat to him and admonished him, reminded him, and he told him: "Indeed the punishment of the world is less than the punishment of the Hereafter." So he said: "Nay! By the One Who sent you with the truth! I did not lie about her." Then he did the same with the woman, admonished her and reminding her and he told her: "Indeed the punishment of the world is less than the punishment of the Hereafter." She said: "Nay! By the One Who sent you with the truth! He is not telling the truth.'" "He said: 'So he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them.'"

“We were participating in a battle along with the Messenger of Allah, and there were some people from the Bedouins with us. So we all rushed toward some water and the Bedouins raced us to it. One of the Bedouins beat his companions to it and he (tried to obstruct) the pond, he placed rocks around it and he put a leather sheet over it until his companions came.” He said: “A man among the Ansar reached the Bedouin and he dropped the reigns of his camel to drink, but the Bedouin would not allow him. So he started removing the barriers around the water, but the Bedouin raised a stick beating the Ansari man on the head, and smashed it. He went to Abdullah bin Ubayy, the head of the hypocrite, to inform him – he was in fact one of his companions. So Abdullah bin Ubayy became enraged, the he said: ‘Do not spend anything on whoever is with Muhammad until they depart.’ Meaning the Bedouins. They were preparing food for the Messenger of Allah. So Abdullah said: ‘When they depart from Muhammad, then bring Muhammad some food, and let him and whoever is with him eat it.’ Then he said to his companions: ‘If we return to Al-Madinah, indeed the more honorable will expel therefrom the meaner.’” Zaid said: “And I was riding behind the Messenger of Allah, and I had heard Abdullah bin Ubayy, so I informed my uncle who went to tell the Messenger of Allah. He sent a message to him (Abdullah) but he took an oath and denied it.” He said: “So the Messenger of Allah accepted what he said and did not believe me. So my uncle came to me and said: ‘You only wanted the Messenger of Allah to hate you, and the Muslims to say that you lied.’” He said: “I suffered such worry as has not been suffered by anyone else.” He said: “(Later) while I was on the move with the Messenger of Allah on a journey, my mind was relieved of worry, since the Messenger of Allah came to me and rubbed my ear and smiled in my face. I would never be happier than with that as long as the world remained. Then Abu Bakr caught up to me, and said: ‘What did the Messenger of Allah say to you?’ I said: ‘He did not say anything to me, he only rubbed my ear and smiled in my face.’ He said: ‘Receive the good news!’ Then Umar caught up with me and I said the same to him as I had said to Abu Bakr. In the morning the Messenger of Allah recited Surat Al-Munafiqin.”

"I was asked about those who were involved in the case of Li'an and if they are to be separated, during the leadership of Mus'ab bin Az-Zubair. I did not know what to say. So I went to the house of 'Abdullah bin 'Umar and I sought permission to enter. I was told he was taking a nap, but he heard me taking and he said: 'Is it Ibn Jubair? Enter. You would not have come except for a need.'" He said: "So I entered and found him laying on a saddlecloth from his mount. I said: 'O Abu 'Abdur-Rahman! Are those involved in Li'an separated?' He said: 'Glorious is Allah! Yes. The first who asked about hat was so-and-so the son of so-and-so. He came to the Prophet (SAW) and said "O Messenger of Allah! If one of us saw his wife committing adultery, what should he do? If he were to say anything, his statement would be a horrible matter, and if he were to remain silent, his silence about the matter would be horrible." He said: 'So the Prophet (SAW) remained silent and did not answer him. Afterwards he came to the Prophet (SAW) and said: "The one who asked you about it has been tried by it." So Allah revealed these Ayat from Surat An-Nur: 'And those who accuse their wives and have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah (24:6-10)' - until the end of those Ayat. He said: 'So he called for the man and recited the Ayat to him and admonished him, reminded him, and he told him: "Indeed the punishment of the world is less than the punishment of the Hereafter." So he said: "Nay! By the One Who sent you with the Truth! I did not lie about her." Then he (SAW) did the same with the woman, admonishing her and reminding her and he told her: "Indeed the punishment of the world is less than the punishment of the Hereafter." She said: "Nay! By the One Who sent you with the Truth! He is not telling the truth.'" "He said: 'So he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them.'"

I saw a dream that I can only interpret as meaning that my death is near; I saw as if a rooster pecked me twice, and I was told that it was a red rooster. I told this dream to Asma’ bint 'Umais, the wife of Abu Bakr , and she said: You will be killed by a Persian man. The people are asking me to appoint a successor, but Allah will not cause His religion and His caliphate, with which He sent His Prophet ﷺ to be lost. If death comes to me soon, then the caliphate is to be decided by these six men with whom the Messenger of Allah (ﷺ) was pleased when he died. Whichever of them you swear allegiance to, then listen to him and obey. I know that some people will object to this matter. I have fought them with my own hands in the defence of Islam. They are the enemies of Allah and misguided kafirs. By Allah, I am not leaving behind anything that my Lord instructed me to do and I came to the position of caliphate on that basis that is more important to me than kalalah. By Allah, the Prophet of Allah ﷺ never emphasised any issue to me since I accompanied him more than the issue of kalalah, until he poked me in the chest with his finger and said: `Is not ayatas-saif (the verse of summer, i.e., it was revealed in summer), which appears at the end of Sooratan Nisa', sufficient for you?` If I live I will issue a decree that will be so clear that those who read the Qur'an and those who do not read it will be able to make decisions concerning it. I call upon Allah to bear witness over the governors of the regions, for I only sent them to be just and to teach the people their religion and the Sunnah of the Prophet ﷺ and to refer to me concerning any difficult matter. O people, you eat two plants which I find to be nothing but repugnant, this onion and garlic. I remember the Messenger of Allah ﷺ, if he noticed their smell coming from a man in the mosque, he would issue orders that he taken out from the mosque to al-Baqee'. Whoever must eat them, let him cook them to death.” He said: He addressed the people on Friday and was attacked on Wednesday.

Muhammad ibn 'Abdullah reported that a man came to the Prophet, may Allah bless him and grant him peace, wearing a gold signet-ring on his finger. The Prophet, may Allah bless him and grant him peace, turned away from him. When the man saw his dislike of the gold, he threw the ring away. He made an iron ring and wore that. He came to the Prophet, may Allah bless him and grant him peace, who said, "This is worse. This is the ornament of the people of the Fire." The man went away, threw it off and put on a silver ring and the Prophet, may Allah bless him and grant him peace, did not say anything about it."

"I seek refuge with Allah from the Accursed Shaytan."' The man went to that man and said, 'Do you know what he said? He said, "I seek refuge with Allah from the Accursed Shaytan."' The man retorted. 'Do you think me mad?'"

Yahya related to me from Malik from Jafar ibn Muhammad from his father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, walked when he came down from Safa and Marwa and then, when he reached the middle of the valley, he broke into a light run until he had left it.

Malik said, about a man who, out of ignorance, did the say between Safa and Marwa before he had done tawaf of the House, "He should go back and do tawaf of the House and then do say between Safa and Marwa. If he does not learn about this until he has left Makka and is far away, he should return to Makka and do tawaf of the House and say between Safa and Marwa. If in the meantime he has had intercourse with a woman he should return, and do tawaf of the House and say between Safa and Marwa so that he completes what he owes of that umra. Then, after that, he has to do another umra and offer a sacrificial animal ."

Yahya related to me from Malik that he had heard one of the people of knowledge say, "A man and wife should not share in one sacrificial animal. Each should sacrifice an animal separately."

Malik was asked about whether someone who had been entrusted with an animal for him to sacrifice on hajj, who went into ihram for umra, should sacrifice it when he came out of ihram or postpone it so that he sacrificed it at the time of the hajj while in the meantime he came out of ihram from his umra. He said, "He should postpone it so that he may sacrifice it at the time of the hajj, and meanwhile come out of ihram from his umra."

Malik said, "If it is judged that some- one must offer an animal for having killed game, or for any other reason, this animal can only be sacrificed at Makka, since Allah, the Blessed and Exalted, says, 'a sacrificial animal which will reach the Kaba.' The fasting or sadaqa that is considered equivalent to offering a sacrifice can be done outside Makka, and the person who is doing it can do it wherever he likes."

Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.

Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "

fifty camels. Each finger has ten camels."

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

“A man stood up in front of Al-Hasan bin Ali, after he pledged to Mu’awiyah, so he said: ‘You have made fools of the believers.’ – or: ‘O you who has made fools of the believers’ – So he said: ‘Do not scold me so, may Allah have mercy upon you, for indeed the Prophet had a dream in which he saw Banu Umayyah upon his Minbar. That distressed him, so (the following) was revealed: Verily We have granted you Al-Kauthar (O Muhammad) meaning a river in Paradise, and (the following) was revealed: ‘Verily We have sent it down on the Night of Al-Qadr. And what will make you know what the Night of Al-Qadr is? The Night of Al-Qadr is better than a thousand months, in which Banu Umayyah rules after you O Muhammad.” Al-Qasim said: “So we counted them, and found that they were one-thousand months, not a day more nor less.”

“The Prophet (saws) heard a man supplicating, and he was saying: ‘O Allah, indeed, I ask you by my testifying that You are Allah, there is none worthy of worship except You, the One, As-Samad, the one who does not beget, nor was begotten, and there is none who is like Him (Allāhumma innī as’aluka bi annī ashhadu annaka antallāh, lā ilāha illā ant, al-aḥaduṣ-ṣamad, alladhī lam yalid wa lam yūlad, wa lam yakun lahu kufuwan aḥad).” He said: “So he said: ‘By the One in Whose Hand is my soul, he has asked Allah by His Greatest Name, the one which if He is called upon by it, He responds, and when He is asked by it, He gives.’”(One of the narrators) Zaid said: “So I mentioned it to Zuhair bin Mu`awiyah years after that, and he said: Abu Ishaq reported to me from Malik bin Mighwal.’” Zaid said: “Then I mentioned it to Sufyan, so he reported it to me from Malik.”

"The Messenger of Allah (SAW) sent an expedition force [comprised] of many, and he asked each what he could recite, so each one of them mentioned what he could recite - meaning what he had memorized of the Qur'an. He came to one of the youngest men among them and said: 'What have you memorized O so-and-so?' He said: 'I memorized this and that and Surat Al-Baqarah.' He said: 'You memorized Surat Al-Baqarah?' He said: "Yes.' He said: "Then go, for you are their commander.' A man among their chief said: 'By Allah [O Messenger of Allah]! Nothing prevented me from learning Surat Al-Baqarah except fearing that I would not be able to stand with (in voluntary night prayer).' The Messenger of Allah (SAW) said: 'Learn the Qur'an to recite it, for indeed the parable of the Qur'an for the one who recites it and stands with it (in prayer) is that of a bag full of musk whose scent fills the air all around. And the parable of the one who learns it then sleeps while it is in his memory is that of a bag containing musk that is tied shut.'"

"While he was on the Minbar, I heard Al-Mughirah bin Shu'bah saying - and he attributed it to the Prophet (SAW) - 'Indeed Musa [peace be upon him] asked his Lord: "O Lord! Who is the lowest in rank among the people of Paradise?" He said: "A man who comes after the people of Paradise have been admitted to Paradise, and he is told to enter. He says: 'How can I enter when they have gotten all of their abodes, and all that is to be had?'" He said: "So it is said to him: 'Would you accept if you were to have what a king in the world?' He says: 'Yes, O Lord! I accept.' So it is said to him: 'Then for you is this and its like, and its like again, and its like again.' So he says: 'I accept, O Lord!' So it is said to him: 'Then for you is this and ten the like thereof.' So he says: 'I accept, O Lord!' So it is said: 'Indeed you shall have this, and whatever your soul desires, and whatever delights your eyes.'"

A woman from the tribe Juhainah came to Messenger of Allah (PBUH) while she was pregnant from (Zina) adultery and said to him: "O Messenger of Allah! I have committed an offense liable to Hadd (prescribed punishment), so exact the execution of the sentence." Messenger of Allah (PBUH) called her guardian and said to him, "Treat her kindly. Bring her to me after the delivery of the child." That man complied with the orders. At last the Prophet (PBUH) commanded to carry out the sentence. Her clothes were secured around her and she was stoned to death. The Prophet (PBUH) led her funeral prayers. 'Umar submitted: "O Messenger of Allah! She committed Zina and you have performed funeral prayer for her?" He replied, "Verily, she made repentance which would suffice for seventy of the people of Al-Madinah if it is divided among them. Can there be any higher degree of repentance than that she sacrificed her life voluntarily to win the Pleasure of Allah, the Exalted?".

[Muslim].

There was a trunk of a date-palm tree upon which the Prophet (PBUH) used to recline while delivering Khutbah (sermon). When a pulpit was placed in the mosque, we heard the trunk crying out like a pregnant she-camel. the Prophet (PBUH) came down from the pulpit and put his hand on the trunk and it became quiet.

Another narration is: The Prophet (PBUH) used to stand by a tree or a date-palm on Friday (to give the Khutbah). Then an Ansari woman or man said, "O Messenger of Allah! Shall we make a pulpit for you?" He replied, "If you wish." So they made a pulpit for him and when it was Friday, the Prophet (PBUH) sat on the pulpit [to deliver the Khutbah (sermon)] and the trunk of the date- palm on which he used to recline cried out as if it would split asunder.

Another narration is: It cried like a child and the Prophet (PBUH) descended (from the pulpit) and embraced it while it continued moaning like a child being quietened. The Prophet (PBUH) said, "It was crying for (missing) what it used to hear of Dhikr near it."

[Al-Bukhari].

You should note that I have not said anything about kalalah and I have not appointed anyone to succeed me. Whoever of Arab captives are present when I die, are to be freed although they are among the wealth of Allah, may He be glorified and exalted. Sa'eed bin Zaid said: Why don't you suggest a man among the Muslims so that the people may follow your advice? Abu Bakr did that and the people followed his advice and trusted him. ‘Umar said: I have noticed too much greed and ambition, and I will leave this matter to be decided by these six people with whom the Messenger of Allah ﷺ was pleased when he died. Then ‘Umar said: If one of the two men were still alive, I would have referred to this matter to him and I would have trusted him: Salim the freed slave of Abu Hudhaifah and Abu 'Ubaidah bin al-Jarrah.

I heard `Abdullah bin `Umar say: `Umar said: Send me a doctor to examine this wound of mine. So they sent for an Arab doctor who gave ʼUmar nabeedh, and the nabeedh was mixed with blood when it came out of the stab wound that was beneath his navel. I [Ibn ‘Umar) called another doctor from among the Ansar, from the tribe of Banu Mu`awiyah. He gave him milk to drink and it came out of the wound solid and white, The doctor said to him: O Ameer al Mu’mineen, give your final instructions, `Umar said: The man from Banu Mu`awiyah has spoken the truth. If you had said anything else I would not have believed you. The people wept for him when they heard that, but he said: Do not weep for us; whoever wants to weep, let him leave. Did you not hear what the Messenger of Allah (ﷺ) said? He said: `The deceased is tormented by his family`s weeping for him.` Because of that, `Abdullah did not approve of any weeping if one of his sons or anyone else died.

When the Khawarij rebelled and fought in An-Nahrawan, ‘Ali (رضي الله عنه) stood before his companions and said: These people have shed blood that it is forbidden to shed and have raided the flocks of the people. They are the closest of the enemy to you, but if you go to your enemy, I am afraid that these people may attack what you leave behind. I heard the Messenger of Allah (ﷺ) say: `Some rebels will emerge from my ummah, your prayer will be as nothing compared to their prayer, and your fasting will be as nothing compared to their fasting, and your recitation will be as nothing compared to their recitation. They will recite the Qur`an, thinking that it is in their favour, but it will be against them; it will go no further than their throats. They will pass out of Islam as the arrow passes out of the prey. The sign of that is that among them will be a man who has an upper arm but no forearm, and on it will be something like the nipple of a breast, on which will be some white hairs.` If the army that fights them knew what reward they will have, as spoken on the lips of their Prophet (ﷺ), they would cease striving and rely on that. March forth in the Name of Allah. And he narrated the hadeeth at length.

Recite the rescuer, which is A.L.M. The sending down (Qur’ān, 32) for I have heard that a man who had committed many sins used to recite it and nothing else. It spread its wing over him and said, “My Lord, forgive him, for he often used to recite me so the Lord most high made it an intercessor for him and said, “Record for him a good deed and raise him a degree in place of every sin.” Khālid said also: It will dispute on behalf of the one who recites it when he is in his grave saying, “O God, if I am a part of Thy Book, make me an intercessor for him; but if I am not a part of Thy Book, blot me out of it.” It will be like a bird putting its wing on him, it will intercede for him and will protect him from the punishment in the grave. He said the same about “Blessed is He.” (Qur’ān, 67) Khālid did not go to sleep at night till he had recited them. Tā’ūs said they were given sixty virtues more than any other sūra in the Qur’ān. Dārimī transmitted it.

Abu Huraira told that when Ma'iz al-Aslami came to God’s Messenger and said he had committed fornication he turned away from him. He then came round to the other side and said he had committed fornication, but he turned away from him. He came round again saying he had committed fornication, and when he said it a fourth time God’s Messenger gave command regarding him and he was taken out to the harra and stoned. When he felt the effect of the stones he ran away vigorously till he passed a man who had the jawbone of a camel with which he struck him, and the people struck him till he died. They then mentioned to God’s Messenger that he had fled when he felt the effect of the stones and the touch of death, and he said, “Why did you not leave him alone?” A version has, “Why did you not leave him alone? Perhaps he might have repented and been forgiven by God.” Tirmidhi and Ibn Majah transmitted it.

Al-Bara’ b. ‘Azib said that when God’s messenger went to bed he lay on his right side and then said, “O God, I have handed over my soul to Thee, turned my face to Thee, entrusted my affairs to Thee, and committed my back to Thee out of desire for and fear of Thee. There is no refuge and no place of safety from Thee except by having recourse to Thee. I believe in Thy Book which Thou hast sent down and in Thy Prophet whom Thou hast sent.” God’s messenger said that if anyone repeated these words and died that night, he would die in the true religion. In a version he reported God’s messenger as telling a man to perform the ablution for prayer when he went to bed, lie down on his right side, and say, “O God, I have handed over my soul to Thee . . . Thou hast sent.” He added, “If you die during the night you will die in the true religion, and if you live till the morning you will obtain good.” (Bukhari and Muslim.)

Jabir told that when a Jewess in Medina gave birth to a boy with an eye obliterated and a long eye-tooth God's messenger was afraid, he might be the dajjal. He found him under a wrapper mumbling, and when his mother informed him saying, "`Abdallah[*], this is Abul Qasim," he came out from the wrapper. God's messenger then said, "What is the matter with her! God curse her! If she had left him alone, he would have made things clear." He then mentioned something similar in effect to Ibn `Umar's tradition. `Umar b. al-Khattab then said, "Let me kill him, messenger of God' but he replied, "If he is the one you are not the person to deal with him, for the person to deal with him is only Jesus, son of Mary; and if he is not the one, you have no right to kill a man who belongs to a people with whom a covenant has been made." But God's messenger continued to fear that he might be the, dajjal. *This may be a proper name, or it perhaps should be translated as "servant of God". It has already been said that his name was Saf. It is transmitted in Sharh as-sunna.

Abu Musa reported the Prophet as saying, "Before the last hour there will be commotions like pieces of a dark night in which a man will be a believer in the morning and an infidel in the evening, or a believer in the evening and an infidel in the morning. He who sits during them will be better than he who gets up and he who walks during them will be better than he who runs. So, break your bows during them, cut your bowstrings during them, and strike your swords on stones. If people then come in to one of you, let him be like the better of Adam's sons[*]." A version by him has the same up to "better than he who runs." It then says the people asked what he ordered them to do and he replied, "Keep to your houses". *The reference is to Abel who was killed by his brother Cain. Abu Dawud transmitted it. Tirmidhi's version states that God's messenger said about the commotion, "Break your bows during it, cut your bowstrings during it, keep to the inside of your houses during it, and be like Adam's son." Tirmidhi transmitted it. He said this is a sahih gharib tradition.

Abu Huraira reported God's messenger as saying, "My pond is more extensive than the distance between Aila and Aden[*]. It is whiter than snow, sweeter than honey mixed with milk, and its vessels are more numerous than the stars. I shall drive people away from it just as a man drives away other people's camels from his pond." His hearers asked him if he would recognize them on that day and he replied, "Yes, you will have a mark which will not be possessed by anyone belonging to other peoples. You will come down to me with a white blaze on your foreheads and white marks on your hands and feet because of the trace of ablution." *Aila is at the top of the Gulf of 'Aqaba. Muslim transmitted it. In a version by him on the authority of Anas he said, "Vessels of gold and silver as numerous as the stars in the sky will be seen at it." In another version by him on Thauban's authority it is said that when he was asked about its drink he replied, "It is whiter than milk and sweeter than honey. Two pipes which supply it from paradise flow into it, one of gold and the other of silver." Muslim.

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates.

"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."

Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."