The Messenger of Allah (saws) said: There will be a period of commotion in which the one who lies down will be better than the one who sits, and the one who sits is better than the one who stands, and the one who stands is better than the one who walks, and the one who walks is better than the one who runs (to it).

He asked: What do you command me to do, Messenger of Allah? He replied: He who has camels should remain with his camels, he who has sheep should remain with his sheep, and he who has land should remain with his land.

He asked: If anyone has more of these, (what should he do)?

He replied: He should take his sword, strike its edge on a stone, and then escape if he can.

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in our community."

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

One of the wives of `Umar (bin Al-Khattab) used to offer the Fajr and the `Isha' prayer in congregation in the Mosque. She was asked why she had come out for the prayer as she knew that `Umar disliked it, and he has great ghaira (self-respect). She replied, "What prevents him from stopping me from this act?" The other replied, "The statement of Allah's Apostle : 'Do not stop Allah's women-slaves from going to Allah's Mosques' prevents him."

I came to the Prophet (saws). The people began to praise me and make a mention of me. The Messenger of Allah (saws) said: I know you, that is, he knew him. I said: My father and mother be sacrificed for you! you were my partner and how good a partner ; you neither disputed nor quarrelled.

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Az-Zubair quarrelled with a man from the Ansar because of a natural mountainous stream at Al-Harra. The Prophet said "O Zubair! Irrigate (your lands and the let the water flow to your neighbor The Ansar said, "O Allah's Apostle (This is because) he (Zubair) is your cousin?" At that, the Prophet's face became red (with anger) and he said "O Zubair! Irrigate (your land) and then withhold the water till it fills the land up to the walls and then let it flow to your neighbor." So the Prophet enabled Az- Zubair to take his full right after the Ansari provoked his anger. The Prophet had previously given a order that was in favor of both of them Az-Zubair said, "I don't think but the Verse was revealed in this connection: "But no, by your Lord, they can have no faith, until they make you judge in all disputes between them." (4.65)

The Prophet said, "Whoever believes in Allah and His Apostle, offer prayer perfectly and fasts the month of Ramadan, will rightfully be granted Paradise by Allah, no matter whether he fights in Allah's Cause or remains in the land where he is born." The people said, "O Allah's Apostle ! Shall we acquaint the people with the is good news?" He said, "Paradise has one-hundred grades which Allah has reserved for the Mujahidin who fight in His Cause, and the distance between each of two grades is like the distance between the Heaven and the Earth. So, when you ask Allah (for something), ask for Al-firdaus which is the best and highest part of Paradise." (i.e. The sub-narrator added, "I think the Prophet also said, 'Above it (i.e. Al-Firdaus) is the Throne of Beneficent (i.e. Allah), and from it originate the rivers of Paradise.")

Allah's Apostle said, "One should not prevent others from watering their animals with the surplus of his water in order to prevent them from benefiting by the surplus of grass."

The Prophet said, "Whoever believes in Allah and His Apostle offers prayers perfectly and fasts (the month of) Ramadan then it is incumbent upon Allah to admit him into Paradise, whether he emigrates for Allah's cause or stays in the land where he was born." They (the companions of the Prophet) said, "O Allah's Apostle! Should we not inform the people of that?" He said, "There are one-hundred degrees in Paradise which Allah has prepared for those who carry on Jihad in His Cause. The distance between every two degrees is like the distance between the sky and the Earth, so if you ask Allah for anything, ask Him for the Firdaus, for it is the last part of Paradise and the highest part of Paradise, and at its top there is the Throne of Beneficent, and from it gush forth the rivers of Paradise."

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

The wife of the Prophet : We set out with Allah's Apostle on one of his journeys, and when we were at Baida' or at Dhat-al-Jaish, a necklace of mine was broken (and lost). Allah's Apostle stayed there to look for it, and so did the people along with him. Neither were they at a place of water, nor did they have any water with them. So the people went to Abu Bakr As-Siddiq and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people, stay where there is no water and they have no water with them." Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh. He said (to me), "You have detained Allah's Apostle and the people where there is no water, and they have no water with them." So he admonished me and said what Allah wished him to say, and he hit me on my flanks with his hand. Nothing prevented me from moving (because of pain! but the position of Allah's Apostle on my thigh. So Allah's Apostle got up when dawn broke and there was no water, so Allah revealed the Verse of Tayammum. Usaid bin Hudair said, "It is not the first blessing of yours, O the family of Abu Bakr." Then we made the camel on which I was riding, got up, and found the necklace under it.

(the wife of the Prophet) We set out with Allah's Apostle on one of his journeys till we reached Al- Baida' or Dhatul-Jaish, a necklace of mine was broken (and lost). Allah's Apostle stayed there to search for it, and so did the people along with him. There was no water at that place, so the people went to Abu- Bakr As-Siddiq and said, "Don't you see what `Aisha has done? She has made Allah's Apostle and the people stay where there is no water and they have no water with them." Abu Bakr came while Allah's Apostle was sleeping with his head on my thigh, He said, to me: "You have detained Allah's Apostle and the people where there is no water and they have no water with them. So he admonished me and said what Allah wished him to say and hit me on my flank with his hand. Nothing prevented me from moving (because of pain) but the position of Allah's Apostle on my thigh. Allah's Apostle got up when dawn broke and there was no water. So Allah revealed the Divine Verses of Tayammum. So they all performed Tayammum. Usaid bin Hudair said, "O the family of Abu Bakr! This is not the first blessing of yours." Then the camel on which I was riding was caused to move from its place and the necklace was found beneath it.

Allah's Apostle said, "Your example and the example of Jews and Christians is like the example of a man who employed some laborers to whom he said, 'Who will work for me up to midday for one Qirat each?' The Jews carried out the work for one Qirat each; and then the Christians carried out the work up to the `Asr prayer for one Qirat each; and now you Muslims are working from the `Asr prayer up to sunset for two Qirats each. The Jews and Christians got angry and said, 'We work more and are paid less.' The employer (Allah) asked them, 'Have I usurped some of your right?' They replied in the negative. He said, 'That is My Blessing, I bestow upon whomever I wish.' "

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

Allah's Apostle said, "No bloodmoney will be charged if somebody dies in a mine or in a well or is killed by an animal; and if somebody finds a treasure in his land he has to give one-fifth of it to the Government."

Yahya said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."

Malik added, "That is what is done in our community."

Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."

"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."

"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."

An Ansari man quarreled with Az-Zubair about a canal in the Harra which was used for irrigating date-palms. Allah's Apostle, ordering Zubair to be moderate, said, "O Zubair! Irrigate (your land) first and then leave the water for your neighbor." The Ansari said, "Is it because he is your aunt's son?" On that the color of the face of Allah's Apostle changed and he said, "O Zubair! Irrigate (your land) and withhold the water till it reaches the walls that are between the pits around the trees." So, Allah's Apostle gave Zubair his full right. Zubair said, "By Allah, the following verse was revealed in that connection": "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65) (The sub-narrator,) Ibn Shihab said to Juraij (another sub-narrator), "The Ansar and the other people interpreted the saying of the Prophet, 'Irrigate (your land) and withhold the water till it reaches the walls between the pits around the trees,' as meaning up to the ankles."

I testify that the Messenger of Allah (saws) decided that the land is the land of Allah, and the servants are the servants of Allah. If anyone brings barren land into cultivation, he has more right to it.

This tradition has been transmitted to us from the Prophet (saws) by those who transmitted the traditions about prayer from him.

The Prophet said, "On a land irrigated by rain water or by natural water channels or if the land is wet due to a near by water channel Ushr (i.e. one-tenth) is compulsory (as Zakat); and on the land irrigated by the well, half of an Ushr (i.e. one-twentieth) is compulsory (as Zakat on the yield of the land)."

Malik related to me from Amr ibn Yahya al-Mazini that his father said, "There was a stream in my grand-father's garden belonging to Abd ar-Rahman ibn Awf Abd ar-Rahman ibn Awf wanted to transfer it to a corner of the garden nearer to his land, and the owner of the garden prevented him. Abd ar-Rahman ibn Awf spoke to Umar ibn al-Khattab about it, and he gave a judgement to Abd ar-Rahman ibn Awf that he should transfer it."

It has been narrated on the authority of Abdullah b. Umar that the Messenger of Allah (may peace be upon him) used to forbid that one should travel to the land of the enemy taking the Qur'an (with him) lest it should fall into the hands of the enemy.

Magic was worked on the Prophet so that he began to fancy that he was doing a thing which he was not actually doing. One day he invoked (Allah) for a long period and then said, "I feel that Allah has inspired me as how to cure myself. Two persons came to me (in my dream) and sat, one by my head and the other by my feet. One of them asked the other, "What is the ailment of this man?" The other replied, 'He has been bewitched" The first asked, 'Who has bewitched him?' The other replied, 'Lubaid bin Al-A'sam.' The first one asked, 'What material has he used?' The other replied, 'A comb, the hair gathered on it, and the outer skin of the pollen of the male date-palm.' The first asked, 'Where is that?' The other replied, 'It is in the well of Dharwan.' " So, the Prophet went out towards the well and then returned and said to me on his return, "Its date-palms (the date-palms near the well) are like the heads of the devils." I asked, "Did you take out those things with which the magic was worked?" He said, "No, for I have been cured by Allah and I am afraid that this action may spread evil amongst the people." Later on the well was filled up with earth.

The Prophet (saws) alighted at a place where a mosque has been built under a large tree. He tarried there for three days, and then proceeded to Tabuk. Juhaynah met him on a wide plain. He asked them: who are the people of Dhul-Marwah? They replied: Banu Rifa'ah of Juhaynah. He said: I have given this (land) to Banu Rifa'ah as a fief. Therefore, they divided it. Some of them sold (their share) and others retained and worked on it.

(Sub-narrator Ibn Wahab said: I then asked AbdulAziz about this tradition. He narrated a part of it to me and did not narrate it in full.

An Ansari man quarreled with Az-Zubair in the presence of the Prophet about the Harra Canals which were used for irrigating the date-palms. The Ansari man said to Az-Zubair, "Let the water pass' but Az-Zubair refused to do so. So, the case was brought before the Prophet who said to Az-Zubair, "O Zubair! Irrigate (your land) and then let the water pass to your neighbor." On that the Ansari got angry and said to the Prophet, "Is it because he (i.e. Zubair) is your aunt's son?" On that the color of the face of Allah's Apostle changed (because of anger) and he said, "O Zubair! Irrigate (your land) and then withhold the water till it reaches the walls between the pits round the trees." Zubair said, "By Allah, I think that the following verse was revealed on this occasion": "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65)

He asked the Messenger of Allah (saws) for giving him some land which had arak trees growing in it. The Messenger of Allah (saws) said: There is no (permission for) protecting a land which has arak trees growing in it. He said: These arak trees are within the boundaries of my field. The Prophet (saws) said: There is no (permission for) protecting a land which has arak trees growing in it.

The narrator Faraj said: By the phrase 'within the boundaries of my field' he meant the land which had crop growing in it and was surrounded on four sides.

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 Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

Yahya related to me from Malik from Nuaym ibn Abdullah al-Mujmir that he heard Abu Hurayra say, "If any one of you prays and then sits down in the spot where he has prayed, the angels ask blessings on him saying, 'Allah, forgive him. Allah, have mercy on him.' And if he moves from the spot where he has prayed and sits elsewhere in the mosque waiting for the prayer, he remains in prayer until he prays."

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."

Abdullah ibn Hasan al-Anbari said: My grandmothers, Safiyyah and Duhaybah, narrated to me, that hey were the daughters of Ulaybah and were nourished by Qaylah, daughter of Makhramah. She was the grandmother of their father.

She reported to them, saying: We came upon the Messenger of Allah (saws). My companion, Hurayth ibn Hassan, came to him as a delegate from Bakr ibn Wa'il. He took the oath of allegiance of Islam for himself and for his people.

He then said: Messenger of Allah (saws), write a document for us, giving us the land lying between us and Banu Tamim at ad-Dahna' to the effect that not one of them will cross it in our direction except a traveller or a passer-by.

He said: Write down ad-Dahna' for them, boy. When I saw that he passed orders to give it to him, I became anxious, for it was my native land and my home.

I said: Messenger of Allah, he did not ask you for a true border when he asked you. This land of Dahna' is a place where the camels have their home, and it is a pasture for the sheep. The women of Banu Tamim and their children are beyond it.

He said: Stop, boy! A poor woman spoke the truth: a Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against Satan.

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

Yahya said that he heard Malik say, "What is done in our community about a man who refers a creditor to another man for the debt he owes him is that if the one referred to goes bankrupt or dies, and does not leave enough to pay the debt, then the creditor has nothing against the one who referred him and the debt does not return to the first party."

Malik said, "This is the way of doing things about which there is no dispute in our community."

Malik said, "If a man has his debt to somebody taken on for him by another man and then the man who took it on dies or goes bankrupt, then whatever was taken on by him returns to the first debtor."

The Prophet forbade the making of vows and said, "It (a vow) does not prevent anything (that has to take place), but the property of a miser is spent (taken out) with it."

One night the Prophet got up and said, "Subhan Allah! How many afflictions Allah has revealed tonight and how many treasures have been sent down (disclosed). Go and wake the sleeping lady occupants of these dwellings up (for prayers), perhaps a well dressed in this world may be naked in the Hereafter."