Abu Dawud said: This is operative in the obligatory prayer.

Allah's Apostle arrived at Medina with Abu Bakr, riding behind him on the same camel. Abu Bakr was an elderly man known to the people, while Allah's Apostle was a youth that was unknown. Thus, if a man met Abu Bakr, he would say, "O Abu Bakr! Who is this man in front of you?" Abu Bakr would say, "This man shows me the Way," One would think that Abu Bakr meant the road, while in fact, Abu Bakr meant the way of virtue and good. Then Abu Bakr looked behind and saw a horse-rider pursuing them. He said, "O Allah's Apostle! This is a horse-rider pursuing us." The Prophet looked behind and said, "O Allah! Cause him to fall down." So the horse threw him down and got up neighing. After that the rider, Suraqa said, "O Allah's Prophet! Order me whatever you want." The Prophet said, "Stay where you are and do not allow anybody to reach us." So, in the first part of the day Suraqa was an enemy of Allah's Prophet and in the last part of it, he was a protector. Then Allah's Apostle alighted by the side of the Al-Harra and sent a message to the Ansar, and they came to Allah's Prophet and Abu Bakr, and having greeted them, they said, "Ride (your she-camels) safe and obeyed." Allah's Apostle and Abu Bakr rode and the Ansar, carrying their arms, surrounded them. The news that Allah's Prophet had come circulated in Medina. The people came out and were eagerly looking and saying "Allah's Prophet has come! Allah's Prophet has come! So the Prophet went on till he alighted near the house of Abu Ayub. While the Prophet was speaking with the family members of Abu Ayub, `Abdullah bin Salam heard the news of his arrival while he himself was picking the dates for his family from his family garden. He hurried to the Prophet carrying the dates which he had collected for his family from the garden. He listened to Allah's Prophet and then went home. Then Allah's Prophet said, "Which is the nearest of the houses of our kith and kin?" Abu Ayub replied, "Mine, O Allah's Prophet! This is my house and this is my gate." The Prophet said, "Go and prepare a place for our midday rest." Abu Ayub said, "Get up (both of you) with Allah's Blessings." So when Allah's Prophet went into the house, `Abdullah bin Salam came and said "I testify that you (i.e. Muhammad) are Apostle of Allah and that you have come with the Truth. The Jews know well that I am their chief and the son of their chief and the most learned amongst them and the son of the most ...

Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye.

Aisha said: She then came to the Messenger of Allah (saws) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Messenger of Allah (saws) would look at her in the same way that I had looked.

She said: Messenger of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom.

The Messenger of Allah (saws) said: Are you inclined to that which is better? She asked: What is that, Messenger of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you.

She said: I shall do this. She (Aisha) said: The people then heard that the Messenger of Allah (saws) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Messenger of Allah (saws) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.

Abu dawud said: This evidence shows that a Muslim ruler may marry a slave woman himself.

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

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

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

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.

Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.

Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.

Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one ...

Allah 's Apostle said, "Allah has some angels who look for those who celebrate the Praises of Allah on the roads and paths. And when they find some people celebrating the Praises of Allah, they call each other, saying, "Come to the object of your pursuit.' " He added, "Then the angels encircle them with their wings up to the sky of the world." He added. "(after those people celebrated the Praises of Allah, and the angels go back), their Lord, asks them (those angels)----though He knows better than them----'What do My slaves say?' The angels reply, 'They say: Subhan Allah, Allahu Akbar, and Alham-du-li l-lah, Allah then says 'Did they see Me?' The angels reply, 'No! By Allah, they didn't see You.' Allah says, How it would have been if they saw Me?' The angels reply, 'If they saw You, they would worship You more devoutly and celebrate Your Glory more deeply, and declare Your freedom from any resemblance to anything more often.' Allah says (to the angels), 'What do they ask Me for?' The angels reply, 'They ask You for Paradise.' Allah says (to the angels), 'Did they see it?' The angels say, 'No! By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it, they would have greater covetousness for it and would seek It with greater zeal and would have greater desire for it.' Allah says, 'From what do they seek refuge?' The angels reply, 'They seek refuge from the (Hell) Fire.' Allah says, 'Did they see it?' The angels say, 'No By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it they would flee from it with the extreme fleeing and would have extreme fear from it.' Then Allah says, 'I make you witnesses that I have forgiven them."' Allah's Apostle added, "One of the angels would say, 'There was so-and-so amongst them, and he was not one of them, but he had just come for some need.' Allah would say, 'These are those people whose companions will not be reduced to misery.' "

Yahya related to me from Malik from Hisham ibn Urwa that his father would never do two sets of seven tawafs together without praying between them. After every seven tawafs he would pray two rakas, sometimes at the maqam of Ibrahim, and sometimes elsewhere.

Malik was asked whether a man doing voluntary tawaf could, to make it easier on himself, join two or more sets of seven circuits and then pray whatever he owed for those sets of seven, and he said, "He should not do that. The sunna is that he does two rakasafter every seven circuits."

Malik said, about someone who began doing tawaf and then forgot how many he had done and did eightor nine circuits, "He should stop when he knows that he has done more than the right number and then pray two rakas,and he should not count the ones that he has done in excess. Neither should he build on the nine that he has done and then pray the rakas for the two sets of seven circuits together, because the sunna is that you pray two rakas after every seven circuits."

Malik said that someone who was in doubt about his tawaf after he had prayed the two rakas of tawaf should go back and complete his tawaf until he was certain of how much he had done. He should then repeat the two rakas, because prayer when doing tawaf was only valid after completing seven circuits.

"If some one breaks his wudu either while he is doing tawaf, or when he has finished tawaf but before he has prayed the two rakas of tawaf, he should do wudu and begin the tawaf and the two rakas afresh. Breaking wudu does not interrupt say between Safa and Marwa, but a person should not begin say unless he is pure by being in wudu."

"Ibn 'Umar and I went to Abu Sa'eed and he narrated to us: 'the Messenger of Allah (saws) said - and I heard him with these [two] ears: "Do not sell gold for gold except kind for kind, nor sliver for silver except kind for kind, do not exchange more of one than the other, and do not sell what is not present from them for what is present."

[Abu 'Eisa said:] There are narrations on this topic from Abu Bakr, 'Umar, 'Uthman, Abu Hurairah, Hisham bin 'Amir, Al-Bara', Zaid bin Arqam, Fadalah bin 'Ubaid, Abu Bakrah, Ibn 'Umar, Abu Ad-Darda', and Bilal.

[He said:] The Hadith of Abu Sa'eed, from the Prophet (saws) [about Riba] is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others, except for what has been related from Ibn 'Abbas; he did not see any harm in exchanging gold for gold or silver for silver, more for less, when it is done hand in hand, and he said: "Riba' is only in credit." Similar it has been related from some of his companions. It has been related that Ibn 'Abbas changed his opinion when Abu Sa'eed narrated it to him from the Prophet (saws). The first view is more correct.

And this is acted upon according to the people of knowledge [among the Companions of the Prophet (saws) and others]. It is the view of Sufyan Ath-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. It has been reported that Ibn Al-Mubarak said: "There is no difference over exchange."

Sa'id said that when Abu Idris Khaulini narrated this hadith he knelt upon his knees.

By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."

Abu Dawud said: In this tradition which is transmitted by al-Zuhri from 'Urwah and 'Urwah on the authority of 'Aishah, al-Awza'i added: She ('Aishah) said: Umm Habibah daughter of Jahsh and wife of 'Abd al-Rahman b. 'Awf had a prolonged flow of blood for seven years. The Prophet (saws) commander her saying: When the menstruation begins, abandon prayer; when it is finished, take a bath and pray.

Abu Dawud said: None of the disciple of al-Zuhri mentioned these words except al-Awza'i, from al-Zuhri it has been narrated by 'Amr b. al-Harith, al-Laith, Yunus, Ibn Abi Dhi'b, Ma'mar, Ibrahim b. Sa'd, Sulaiman b. Kathir, Ibn Ishaq and Sufyan b. 'Uyainah, they did not narrate these words.

Abu Dawud said: These are the words of the version reported by Hisham b. 'Urwah from this father on the authority of 'Aishah.

Abu Dawud said: In this tradition Ibn 'Uyainah also added the words: He commander her to abandon prayer during her menstrual period. This is a misunderstanding on the part of Ibn 'Uyainah. The version of this tradition narrated by Muhammad b. 'Amr from al-Zuhri has the addition similar to that made by al-Awza'i in his version.

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that he heard Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham say, "My father and I were with Marwan ibn al Hakam at the time when he was amir of Madina, and someone mentioned to him that Abu Hurayra used to say, 'If someone begins the morning junub, he has broken the fast for that day.' Marwan said, 'I swear to you, Abdar-Rahman, you must go to the two umm al muminin, A'isha and Umm Salama, and ask them about it.'

''Abd ar-Rahman went to visit A'isha and I accompanied him. He greeted her and then said, 'Umm al-muminin, we were with Marwan ibn al Hakam and someone mentioned to him that Abu Hurayra used to say that if some one had begun the morning junub, he had broken the fast for that day.' A'isha said, 'It is not as Abu Hurayra says Abd ar-Rahman. Do you dislike what the Messenger of Allah, may Allah bless him and grant him peace, used to do?', and Abd ar-Rahman said, 'No, by Allah.' A'isha said, 'I bear witness that the Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, and would then fast for that day.' "

He continued, "Then we went and visited Umm Salama, and Abd ar- Rahman asked her about the same matter and she said the same as A'isha had said. Then we went off until we came to Marwan ibn al-Hakam Abd ar-Rahman told him what they had both said and Marwan said, 'I swear to you, Abu Muhammad, you must use the mount which is at the door, and go to Abu Hurayra, who is on his land at al Aqiq, and tell him this.' So Abd ar-Rahman rode off, and I went with him, until we came to Abu Hurayra. Abd ar-Rahman talked with him for a while, and then mentioned the matter to him, and Abu Hurayra said, 'I don't know anything about it. I was just told that by someone.'"

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

' Aisha said, "We set out with Allah's Apostles in the months of Hajj, and (in) the nights of Hajj, and at the time and places of Hajj and in a state of Hajj. We dismounted at Sarif (a village six miles from Mecca). The Prophet then addressed his companions and said, "Anyone who has not got the Hadi and likes to do Umra instead of Hajj may do so (i.e. Hajj-al-Tamattu`) and anyone who has got the Hadi should not finish the Ihram after performing ' `Umra). (i.e. Hajj-al-Qiran). Aisha added, "The companions of the Prophet obeyed the above (order) and some of them (i.e. who did not have Hadi) finished their Ihram after Umra." Allah's Apostle and some of his companions were resourceful and had the Hadi with them, they could not perform Umra (alone) (but had to perform both Hajj and Umra with one Ihram). Aisha added, "Allah's Apostle came to me and saw me weeping and said, "What makes you weep, O Hantah?" I replied, "I have heard your conversation with your companions and I cannot perform the Umra." He asked, "What is wrong with you?' I replied, ' I do not offer the prayers (i.e. I have my menses).' He said, ' It will not harm you for you are one of the daughters of Adam, and Allah has written for you (this state) as He has written it for them. Keep on with your intentions for Hajj and Allah may reward you that." Aisha further added, "Then we proceeded for Hajj till we reached Mina and I became clean from my menses. Then I went out from Mina and performed Tawaf round the Ka`ba." Aisha added, "I went along with the Prophet in his final departure (from Hajj) till he dismounted at Al-Muhassab (a valley outside Mecca), and we too, dismounted with him." He called ' `Abdur-Rahman bin Abu Bakr and said to him, ' Take your sister outside the sanctuary of Mecca and let her assume Ihram for ' `Umra, and when you had finished ' `Umra, return to this place and I will wait for you both till you both return to me.' " ' Aisha added, " So we went out of the sanctuary of Mecca and after finishing from the ' `Umra and the Tawaf we returned to the Prophet at dawn. He said, 'Have you performed the ' `Umra?' We replied in the affirmative. So he announced the departure amongst his companions and the people set out for the journey, and the Prophet: too left for Medina.''

There was a dispute amongst the people of the tribe of Bani `Amr bin `Auf. The Prophet went to them along with some of his companions in order to make peace between them. The time for the prayer became due but the Prophet did not turn up; Bilal pronounced the Adhan (i.e. call) for the prayer but the Prophet did not turn up, so Bilal went to Abu Bakr and said, "The time for the prayer is due and the Prophet i detained, would you lead the people in the prayer?" Abu Bakr replied, "Yes, you wish." So, Bilal pronounced the Iqama of the prayer and Abu Bakr went ahead (to lead the prayer), but the Prophet came walking among the rows till he joined the first row. The people started clapping and they clapped too much, and Abu Bakr used not to look hither and thither in the prayer, but he turned round and saw the Prophet standing behind him. The Prophet beckoned him with his hand to keep on praying where he was. Abu Bakr raised his hand and praised Allah and then retreated till he came in the (first) row, and the Prophet went ahead and lead the people in the prayer. When the Prophet finished the prayer, he turned towards the people and said, "O people! When something happens to you during the prayer, you start clapping. Really clapping is (permissible) for women only. If something happens to one of you in his prayer, he should say: 'Subhan Allah', (Glorified be Allah), for whoever hears him (saying so) will direct his attention towards him. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned to you (to continue)?" Abu Bakr replied, "It did not befit the son of Abu Quhafa to lead the prayer in front of the Prophet.

`Abdur Rahman bin Abi Bakr said, "The Suffa Companions were poor people and the Prophet said, 'Whoever has food for two persons should take a third one from them (Suffa companions). And whosoever has food for four persons he should take one or two from them' Abu Bakr took three men and the Prophet took ten of them." `Abdur Rahman added, my father my mother and I were there (in the house). (The sub-narrator is in doubt whether `Abdur Rahman also said, 'My wife and our servant who was common for both my house and Abu Bakr's house). Abu Bakr took his supper with the Prophet and remained there till the `Isha' prayer was offered. Abu Bakr went back and stayed with the Prophet till the Prophet took his meal and then Abu Bakr returned to his house after a long portion of the night had passed. Abu Bakr's wife said, 'What detained you from your guests (or guest)?' He said, 'Have you not served them yet?' She said, 'They refused to eat until you come. The food was served for them but they refused." `Abdur Rahman added, "I went away and hid myself (being afraid of Abu Bakr) and in the meantime he (Abu Bakr) called me, 'O Ghunthar (a harsh word)!' and also called me bad names and abused me and then said (to his family), 'Eat. No welcome for you.' Then (the supper was served). Abu Bakr took an oath that he would not eat that food. The narrator added: By Allah, whenever any one of us (myself and the guests of Suffa companions) took anything from the food, it increased from underneath. We all ate to our fill and the food was more than it was before its serving. Abu Bakr looked at it (the food) and found it as it was before serving or even more than that. He addressed his wife (saying) 'O the sister of Bani Firas! What is this?' She said, 'O the pleasure of my eyes! The food is now three times more than it was before.' Abu Bakr ate from it, and said, 'That (oath) was from Satan' meaning his oath (not to eat). Then he again took a morsel (mouthful) from it and then took the rest of it to the Prophet. So that meal was with the Prophet. There was a treaty between us and some people, and when the period of that treaty had elapsed the Prophet divided us into twelve (groups) (the Prophet's companions) each being headed by a man. Allah knows how many men were under the command of each (leader). So all of them (12 groups of men) ate of that meal."

The news about the differences amongst the people of Bani `Amr bin `Auf at Quba reached Allah's Apostle and so he went to them along with some of his companions to affect a reconciliation. Allah's Apostle was delayed there and the time for the prayer became due. Bilal came to Abu Bakr! and said, "O Abu Bakr! Allah's Apostle is detained (there) and the time for the prayer is due. Will you lead the people in prayer?" Abu Bakr replied, "Yes, if you wish." So Bilal pronounced the Iqama and Abu Bakr went forward and the people said Takbir. In the meantime, Allah's Apostle came piercing through the rows till he stood in the (first) row and the people started clapping. Abu Bakr, would never look hither and thither during the prayer but when the people clapped much he looked back and saw Allah's Apostle. The Prophet beckoned him to carry on. Abu Bakr raised both his hands, praised Allah and retreated till he stood in the row and Allah's Apostle went forward and led the people in the prayer. When he had finished the prayer, he addressed the people and said, "O people! Why did you start clapping when something happened to you in the prayer? Clapping is for women. Whenever one is confronted with something unusual in the prayer one should say, 'Sub Han Allah'." Then the Prophet looked towards Abu Bakr and asked, "What prevented you from leading the prayer when I beckoned you to carry on?" Abu Bakr replied, "It does not befit the son of Al Quhafa to lead the prayer in the presence of Allah's Apostle.

The news about the differences amongst the people of Bani `Amr bin `Auf reached Allah's Apostle and so he went to them along with some of his companions to effect a reconciliation between them. Allah's Apostle was delayed there, and the time of the prayer was due. Bilal went to Abu Bakr and said to him, "Allah's Apostle has been delayed (there) and the time of prayer is due. So will you lead the people in prayer?" Abu Bakr said, "Yes, if you wish." Bilal pronounced the Iqama and Abu Bakr, went forward and said Takbir for the people. In the meantime Allah's Apostle came crossing the rows (of the praying people) and stood in the (first) row and the people started clapping. Abu Bakr, would never glance sideways in his prayer but when the people clapped much he looked back and (saw) Allah's Apostle . Allah's Apostle beckoned him to carry on the prayer. Abu Bakr raised his hands and thanked Allah, and retreated till he reached the (first) row. Allah's Apostle went forward and led the people in the prayer. When he completed the prayer he faced the people and said, "O people! Why did you start clapping when something unusual happened to you in the prayer? Clapping is only for women. So whoever amongst you comes across something in the prayer should say, 'Subhan-Allah' for there is none who will not turn round on hearing him saying Subhan-Allah. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned you to do so?" Abu Bakr replied, "How dare the son of Abu Quhafa lead the prayer in the presence of Allah's Apostle ?"

1: At-Tawbah 9:104.

2: Al-Baqarah 2:276.

3: Anthropomorphism, resembling Allah to creatures.

Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.

She said: I have no need of perfume, but I heard the Messenger of Allah (saws) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.

She then said: I have no need of perfume, but I heard the Messenger of Allah (saws) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (saws) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?

The Messenger of Allah (saws) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (saws) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.

Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.

Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.

Abu Dawud said: The Arabic word "hafsh" means a small cell.

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted ...

Allah's Apostle said, "Once three persons (from the previous nations) were traveling, and suddenly it started raining and they took shelter in a cave. The entrance of the cave got closed while they were inside. They said to each other, 'O you! Nothing can save you except the truth, so each of you should ask Allah's Help by referring to such a deed as he thinks he did sincerely (i.e. just for gaining Allah's Pleasure).' So one of them said, 'O Allah! You know that I had a laborer who worked for me for one Faraq (i.e. three Sas) of rice, but he departed, leaving it (i.e. his wages). I sowed that Faraq of rice and with its yield I bought cows (for him). Later on when he came to me asking for his wages, I said (to him), 'Go to those cows and drive them away.' He said to me, 'But you have to pay me only a Faraq of rice,' I said to him, 'Go to those cows and take them, for they are the product of that Faraq (of rice).' So he drove them. O Allah! If you consider that I did that for fear of You, then please remove the rock.' The rock shifted a bit from the mouth of the cave. The second one said, 'O Allah, You know that I had old parents whom I used to provide with the milk of my sheep every night. One night I was delayed and when I came, they had slept, while my wife and children were crying with hunger. I used not to let them (i.e. my family) drink unless my parents had drunk first. So I disliked to wake them up and also disliked that they should sleep without drinking it, I kept on waiting (for them to wake) till it dawned. O Allah! If You consider that I did that for fear of you, then please remove the rock.' So the rock shifted and they could see the sky through it. The (third) one said, 'O Allah! You know that I had a cousin (i.e. my paternal uncle's daughter) who was most beloved to me and I sought to seduce her, but she refused, unless I paid her one-hundred Dinars (i.e. gold pieces). So I collected the amount and brought it to her, and she allowed me to sleep with her. But when I sat between her legs, she said, 'Be afraid of Allah, and do not deflower me but legally. 'I got up and left the hundred Dinars (for her). O Allah! If You consider that I did that for fear of you than please remove the rock. So Allah saved them and they came out (of the cave)."

The companions of Suffa were poor people. The Prophet once said, "Whoever has food enough for two persons, should take a third one (from among them), and whoever has food enough for four persons, should take a fifth or a sixth (or said something similar)." Abu Bakr brought three persons while the Prophet took ten. And Abu Bakr with his three family member (who were I, my father and my mother) (the sub-narrator is in doubt whether `Abdur-Rahman said, "My wife and my servant who was common for both my house and Abu Bakr's house.") Abu Bakr took his supper with the Prophet and stayed there till he offered the `Isha' prayers. He returned and stayed till Allah's Apostle took his supper. After a part of the night had passed, he returned to his house. His wife said to him, "What has detained you from your guests?" He said, "Have you served supper to them?" She said, "They refused to take supper until you come. They (i.e. some members of the household) presented the meal to them but they refused (to eat)" I went to hide myself and he said, "O Ghunthar!" He invoked Allah to cause my ears to be cut and he rebuked me. He then said (to them): Please eat!" and added, I will never eat the meal." By Allah, whenever we took a handful of the meal, the meal grew from underneath more than that handful till everybody ate to his satisfaction; yet the remaining food was more than the original meal. Abu Bakr saw that the food was as much or more than the original amount. He called his wife, "O sister of Bani Firas!" She said, "O pleasure of my eyes. The food has been tripled in quantity." Abu Bakr then started eating thereof and said, "It (i.e. my oath not to eat) was because of Sa all." He took a handful from it, and carried the rest to the Prophet. So that food was with the Prophet . There was a treaty between us and some people, and when the period of that treaty had elapsed, he divided US into twelve groups, each being headed by a man. Allah knows how many men were under the command of each leader. Anyhow, the Prophet surely sent a leader with each group. Then all of them ate of that meal.

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of ...