Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."

For thirty days Allah's Apostle invoked Allah to curse those who had killed the companions of Bir- Mauna; he invoked evil upon the tribes of Ral, Dhakwan, and Usaiya who disobeyed Allah and His Apostle. There was reveled about those who were killed at Bir-Mauna a Qur'anic Verse we used to recite, but it was cancelled later on. The Verse was: "Inform our people that we have met our Lord. He is pleased with us and He has made us pleased."

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

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

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

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

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

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

Yahya related to me from Malik from Abd al-Malik ibn Qurayr from Muhammad ibn Sirin that a man came to Umar ibn al-Khattab and said, "I was racing a friend on horseback towards a narrow mountain trail and we killed a gazelle accidently and we were in ihram. What is your opinion?" Umar said to a man by his side, "Come, so that you and I may make an assessment." They decided on a female goat for him, and the man turned away saying, "This amir al-muminin cannot even make an assessment in the case of a gazelle until he calls a man to decide with him." Umar overheard the man's words and called him and asked him, "Do you recite surat al-Ma'ida?" and he said, "No." He said, "Then do you recognize this man who has taken the decision with me?" and he said, "No." He said, "If you had told me that you did recite surat al-Ma'ida, I would have dealt you a blow." Then he said, "Allah the Blessed, the Exalted says in His Book, 'as shall be judged by two men of justice among you, a sacrificial animal to reach the Kaba' (Sura 5 ayat 95), and this is Abd ar-Rahman ibn Awf."

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

Ibn Abbas explained the following Qur'anic verse: "O ye who believe! fasting is prescribed for you as it was prescribed for those before you" During the lifetime of the Prophet (saws), when the people offered night prayer, they were asked to abstain from food and drink and (intercourse with) women, they kept fast till the next night. A man betrayed himself and had intercourse with his wife after he had offered the night prayer, and he did not break his fast. So Allah, the Exalted, intended to make it (fasting) easy for those who survived, thus providing a concession and utility. Allah, the Glorified, said: "Allah knoweth what ye used to do secretly among yourselves." By this Allah benefited the people and provided concession and ease to them.

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

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

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

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

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

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

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

32.4 Conditions Permitted in Qirad

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

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

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

A man entered the mosque while Allah's Apostle was sitting in one side of the mosque. The man prayed, came, and greeted the Prophet. Allah's Apostle said to him, "Wa 'Alaikas Salam (returned his greeting). Go back and pray as you have not prayed (properly)." The man returned, repeated his prayer, came back and greeted the Prophet. The Prophet said, "Wa alaika-s-Salam (returned his greeting). Go back and pray again as you have not prayed (properly)." The man said at the second or third time, "O Allah's Apostle! Kindly teach me how to pray". The Prophet said, "When you stand for prayer, perform ablution properly and then face the Qibla and say Takbir (Allahu-Akbar), and then recite what you know from the Qur'an, and then bow with calmness till you feel at ease then rise from bowing, till you stand straight, and then prostrate calmly (and remain in prostration) till you feel at ease, and then raise (your head) and sit with calmness till you feel at ease and then prostrate with calmness (and remain in prostration) till you feel at ease, and then raise (your head) and sit with calmness till you feel at ease in the sitting position, and do likewise in whole of your prayer." And Abu Usama added, "Till you stand straight." (See Hadith No. 759, Vol.1)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Whenever the Prophet finished the (morning) prayer, he would face us and ask, "Who amongst you had a dream last night?" So if anyone had seen a dream he would narrate it. The Prophet would say: "Ma sha'a-llah" (An Arabic maxim meaning literally, 'What Allah wished,' and it indicates a good omen.) One day, he asked us whether anyone of us had seen a dream. We replied in the negative. The Prophet said, "But I had seen (a dream) last night that two men came to me, caught hold of my hands, and took me to the Sacred Land (Jerusalem). There, I saw a person sitting and another standing with an iron hook in his hand pushing it inside the mouth of the former till it reached the jawbone, and then tore off one side of his cheek, and then did the same with the other side; in the meantime the first side of his cheek became normal again and then he repeated the same operation again. I said, 'What is this?' They told me to proceed on and we went on till we came to a man Lying flat on his back, and another man standing at his head carrying a stone or a piece of rock, and crushing the head of the Lying man, with that stone. Whenever he struck him, the stone rolled away. The man went to pick it up and by the time he returned to him, the crushed head had returned to its normal state and the man came back and struck him again (and so on). I said, 'Who is this?' They told me to proceed on; so we proceeded on and passed by a hole like an oven; with a narrow top and wide bottom, and the fire was kindling underneath that hole. Whenever the fire-flame went up, the people were lifted up to such an extent that they about to get out of it, and whenever the fire got quieter, the people went down into it, and there were naked men and women in it. I said, 'Who is this?' They told me to proceed on. So we proceeded on till we reached a river of blood and a man was in it, and another man was standing at its bank with stones in front of him, facing the man standing in the river. Whenever the man in the river wanted to come out, the other one threw a stone in his mouth and caused him to retreat to his original position; and so whenever he wanted to come out the other would throw a stone in his mouth, and he would retreat to his original position. I asked, 'What is this?' They told me to proceed on and we did so till we reached a well-flourished green garden having a huge tree and near its root was sitting an old man with some children. (I saw) Another man near the tree with fire in front of him and he was kindling it up. Then they (i.e. my two companions) made me climb up the tree and made me enter a house, better than which I have ever seen. In it were some old men and young men, women and children. Then they took me out of this house and made me climb up the tree and made me enter another house that was better and superior (to the first) containing old and young people. I said to them (i.e. my two companions), 'You have made me ramble all the night. Tell me all about that I have seen.' They said, 'Yes. As for the one whose cheek you saw being torn away, he was a liar and he used to tell lies, and the people would report those lies on his authority till they spread all over the world. So, he will be punished like that till the Day of Resurrection. The one whose head you saw being crushed is the one whom Allah had given the knowledge of Qur'an (i.e. knowing it by heart) but he used to sleep at night (i.e. he did not recite it then) and did not use to act upon it (i.e. upon its orders etc.) by day; and so this punishment will go on till the Day of Resurrection. And those you saw in the hole (like oven) were adulterers (those men and women who commit illegal sexual intercourse). And those you saw in the river of blood were those dealing in Riba (usury). And the old man who was sitting at the base of the tree was Abraham and the little children around him were the offspring of the people. And the one who was kindling the fire was Malik, the gatekeeper of the Hell-fire. And the first house in which you have gone was the house of the common believers, and the second house was of the martyrs. I am Gabriel and this is Michael. Raise your head.' I raised my head and saw a thing like a cloud over me. They said, 'That is your place.' I said, 'Let me enter my place.' They said, 'You still have some life which you have not yet completed, and when you complete (that remaining portion of your life) you will then enter your place.' "

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

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

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

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

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

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

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

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

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

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

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

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

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

Once while I was in a state of fatigue (because of severe hunger), I met 'Umar bin Al-Khattab, so I asked him to recite a verse from Allah's Book to me. He entered his house and interpreted it to me. (Then I went out and) after walking for a short distance, I fell on my face because of fatigue and severe hunger. Suddenly I saw Allah's Apostle standing by my head. He said, "O Abu Huraira!" I replied, "Labbaik, O Allah's Apostle, and Sadaik!" Then he held me by the hand, and made me get up. Then he came to know what I was suffering from. He took me to his house, and ordered a big bowl of milk for me. I drank thereof and he said, "Drink more, O Abu Hirr!" So I drank again, whereupon he again said, "Drink more." So I drank more till my belly became full and looked like a bowl. Afterwards I met 'Umar and mentioned to him what had happened to me, and said to him, "Somebody, who had more right than you, O 'Umar, took over the case. By Allah, I asked you to recite a Verse to me while I knew it better than you." On that Umar said to me, "By Allah, if I admitted and entertained you, it would have been dearer to me than having nice red camels.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, travelled by night on the way back from Khaybar.Towards the end of the night he stopped for a rest and told Bilal to stay awake to keep watch for the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, and his companions slept. Bilal stayed on guard as long as was decreed for him and then he leant against his riding camel facing the direction of the dawn and sleep overcame him and neither he nor the Messenger of Allah nor any of the party woke up until the sun's rays had struck them. The Messenger of Allah, may Allah bless him and grant him peace, was alarmed. Bilal excused himself, saying, "Messenger of Allah! The One who took your self was the One who took myself. "The Messenger of Allah, may Allah bless him and grant him peace, ordered the party to move on and so they roused thei r mounts and rode on a short distance. The Messenger of Allah, may Allah bless him and grant him peace, ordered Bilal to give the iqama and then led them in the subh prayer. When he had finished he said, "Anyone who forgets a prayer should pray it when he remembers. Allah theBlessed and Exalted says in His book, 'Establish the prayer to remember Me.'"

We proceeded in the company of the Messenger of Allah (saws) for the battle of Dhat ar-Riqa. One of the Muslims killed the wife of one of the unbelievers. He (the husband of the woman killed) took an oath saying: I shall not rest until I kill one of the companions of Muhammad.

He went out following the footsteps of the Prophet (saws). The Prophet (saws) encamped at a certain place. He said: Who will keep a watch on us? A person from the Muhajirun (Emigrants) and another from the Ansar (Helpers) responded. He said: Go to the mouth of the mountain-pass. When they went to the mouth of the mountain-pass the man from the Muhajirun lay down while the man from the Ansar stood praying.

The man (enemy) came to them. When he saw the person he realised that he was the watchman of the Muslims. He shot him with an arrow and hit the target. But he (took the arrow out and) threw it away. He (the enemy) then shot three arrows. Then he (the Muslim) bowed and prostrated and awoke his companion. When he (the enemy) perceived that they (the Muslims) had become aware of his presence, he ran away.

When the man from the Muhajirun saw the (man from the Ansar) bleeding, he asked him: Glory be to Allah! Why did you not wake me up the first time when he shot at you.

He replied: I was busy reciting a chapter of the Qur'an. I did not like to leave it.

That he differed with Al-Hur bin Qais Al-Fazari regarding the companion of Moses. Ibn `Abbas said that he was Al-Khadir. Meanwhile Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him?" He said, "Yes, I heard Allah's Apostle saying, 'While Moses was sitting in the company of some Israelites, a man came and asked (him), 'Do you know anyone who is more learned than you?' Moses replied, 'No.' So, Allah sent the Divine Inspiration to Moses: 'Yes, Our slave, Khadir (is more learned than you).' Moses asked how to meet him (i.e. Khadir). So, the fish, was made, as a sign for him, and he was told that when the fish was lost, he should return and there he would meet him. So, Moses went on looking for the sign of the fish in the sea. The servant boy of Moses said to him, 'Do you know that when we were sitting by the side of the rock, I forgot the fish, and t was only Satan who made me forget to tell (you) about it.' Moses said, That was what we were seeking after,' and both of them returned, following their footmarks and found Khadir; and what happened further to them, is mentioned in Allah's Book."

Ibn Maslamah and Ibn 'Isa reported from Muhammad b. al-Munkadir on the authority of Jabir.

Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'

"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

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 who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father's side are more entitled to inherit than the paternal uncle, the full brother of the father. The paternal uncle, the full brother of the father, is more entitled to inherit than the paternal uncle, the half-brotherof the father on the father's side. The paternal uncle, the half-brother of the father on the father's side is more entitled to inherit than the sons of the paternal uncle, the full brother of the father. The son of the paternal uncle on the father's side is more entitled to inherit than the paternal great uncle, the full brother of the paternal grandfather."

Malik said, "Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father, then make his inheritance to the one who reaches him by the nearest father, rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them, then see who is the nearest of kin. If there is only one half-brother by the father, give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers, then divide the inheritance equally among them. If the parent of one of them is an uncle (the full-brother of the father of the deceased) and whoever is with him is an uncle (the paternal half brother of the father of the deceased), the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah, the Blessed, the Exalted, said, 'Those related by blood are nearer to one another in the Book of Allah, surely Allah has knowledge of everything.' "

Malik said, "The paternal grandfather, is more entitled to inherit than sons of the full-brother, and more entitled than the uncle, the full brother of the father. The son of the father's brother is more entitled to inherit from mawali retainers (freed slaves) than the grandfathers."

That he differed with Al-Hurr bin Qais bin Hisn Al-Fazari about the companion of Moses, (i.e., whether he was Kha,dir or not). Ubai bin Ka`b Al-Ansari passed by them and Ibn `Abbas called him saying, 'My friend (Hur) and I have differed about Moses' Companion whom Moses asked the way to meet. Did you hear Allah's Apostle mentioning anything about him?" Ubai said, "Yes, I heard Allah's Apostle saying, "While Moses was sitting in the company of some Israelites a man came to him and asked, 'Do you know Someone who is more learned than you (Moses)?' Moses said, 'No.' So Allah sent the Divine inspiration to Moses:-- 'Yes, Our Slave Khadir is more learned than you' Moses asked Allah how to meet him ( Khadir) So Allah made the fish as a sign for him and it was said to him, 'When you lose the fish, go back (to the place where you lose it) and you will meet him.' So Moses went on looking for the sign of the fish in the sea. The boy servant of Moses (who was accompanying him) said to him, 'Do you remember (what happened) when we betook ourselves to the rock? I did indeed forget to tell you (about) the fish. None but Satan made me forget to tell you about it' (18.63) Moses said: 'That is what we have been seeking." Sa they went back retracing their footsteps. (18.64). So they both found Kadir (there) and then happened what Allah mentioned about them (in the Qur'an)!' (See 18.60- 82)

That he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of (the Prophet) Moses. Ibn `Abbas said that he was Al Khadir. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him, saying "My friend (Hur) and I have differed regarding Moses' companion, whom Moses asked the way to meet. Have you heard the Prophet mentioning something about him? He said, "Yes. I heard Allah's Apostle saying, "While Moses was sitting in the company of some Israelites, a man came and asked him. "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: 'Yes, Our slave Khadir (is more learned than you.)' Moses asked (Allah) how to meet him (Khadir). So Allah made the fish as a sign for him and he was told that when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said to him: Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said: 'That is what we have been seeking? (18.64) So they went back retracing their footsteps, and found Khadir. (And) what happened further to them is narrated in the Holy Qur'an by Allah. (18.54 up to 18.82)

that he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of the Prophet Moses. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend (Hur) and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him? Ubai bin Ka`b said: "Yes, I heard the Prophet mentioning something about him (saying) while Moses was sitting in the company of some Israelites, a man came and asked him: "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: '--Yes, Our slave Khadir is more learned than you. Moses asked Allah how to meet him (Al-Khadir). So Allah made the fish a sign for him and he was told when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said: 'Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said, 'That is what we have been seeking.' So they went back retracing their footsteps, and found Khadir. (and) what happened further about them is narrated in the Holy Qur'an by Allah." (18.54 up to 18.82)

The Prophet said to Abu Talha, "I recommend that you divide (this garden) amongst your relatives." Abu Talha said, "O Allah's Apostle! I will do the same." So Abu Talha divided it among his relatives and cousins. Ibn 'Abbes said, "When the Qur'anic Verse: "Warn your nearest kinsmen." (26.214) Was revealed, the Prophet started calling the various big families of Quraish, "O Bani Fihr! O Bani Adi!". Abu Huraira said, "When the Verse: "Warn your nearest kinsmen" was revealed, the Prophet said (in a loud voice), "O people of Quraish!"

The Jew could not help shouting at the top of his voice, "O you 'Arabs! Here is your great man whom you have been waiting for!" So all the Muslims rushed to their arms and received Allah's Apostle on the summit of Harra. The Prophet turned with them to the right and alighted at the quarters of Bani 'Amr bin 'Auf, and this was on Monday in the month of Rabi-ul-Awal. Abu Bakr stood up, receiving the people while Allah's Apostle sat down and kept silent. Some of the Ansar who came and had not seen Allah's Apostle before, began greeting Abu Bakr, but when the sunshine fell on Allah's Apostle and Abu Bakr came forward and shaded him with his sheet only then the people came to know Allah's Apostle. Allah's Apostle stayed with Bani 'Amr bin 'Auf for ten nights and established the mosque (mosque of Quba) which was founded on piety. Allah's Apostle prayed in it and then mounted his she-camel and proceeded on, accompanied by the people till his she-camel knelt down at (the place of) the Mosque of Allah's Apostle at Medina. Some Muslims used to pray there in those days, and that place was a yard for drying dates belonging to Suhail and Sahl, the orphan boys who were under the guardianship of 'Asad bin Zurara. When his she-camel knelt down, Allah's Apostle said, "This place, Allah willing, will be our abiding place." Allah's Apostle then called the two boys and told them to suggest a price for that yard so that he might take it as a mosque. The two boys said, "No, but we will give it as a gift, O Allah's Apostle!" Allah's Apostle then built a mosque there. The Prophet himself started carrying unburnt bricks for its building and while doing so, he was saying "This load is better than the load of Khaibar, for it is more pious in the Sight of Allah and purer and better rewardable." He was also saying, "O Allah! The actual reward is the reward in the Hereafter, so bestow Your Mercy on the Ansar and the Emigrants." Thus the Prophet recited (by way of proverb) the poem of some Muslim poet whose name is unknown to me.

(Ibn Shibab said, "In the Hadiths it does not occur that Allah's Apostle

recited a complete poetic verse other than this one.")

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sa`d, the brother of Bani Sa`idi He said, "An Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah revealed concerning his affair what is mentioned in the Holy Qur'an about the affair of those involved in a case of Lian. The Prophet said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the mosque while I was present there. When they had finished, the man said, "O Allah's Apostle! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah's Apostle ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet ." Ibn Shihab added, "After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother's name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him." Ibn Shihab said that Sahl bin Sa`d As'Saidi said that the Prophet said (in the above narration), "If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then she delivered it in the shape one would dislike (as it proved her guilty).

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 . ' " ' "

"In the name of Allah, the Merciful, the ompassionate."

The Book of Zakat.

On twenty-four camels or less zakat is paid with sheep, one ewe for every five camels.

On anything above that, up to thirty-five camels, a she-camel in its second year, and, if there is no she camel in its second year, a male camel in its third year.

On anything above that, up to forty-five camels, a she- camel in its third year.

On anything above that, up to sixty camels, a she camel in its fourth year that is ready to be sired.

On anything above that, up to seventy-five camels, a she-camel in its fifth year.

On anything above that, up to ninety camels, two she-camels in their third year.

On anything above that, up to one hundred and twenty camels, two she-camels in their fourth year that are ready to be sired.

On any number of camels above that, for every forty camels, a she-camel in its third year, and for every fifty, a she-camel in its fourth year.

On grazing sheep and goats, if they come to forty or more, up to one hundred and twenty head, one ewe.

On anything above that, up to two hundred head, two ewes.

On anything above that, up to three hundred, three ewes.

On anything above that, for every hundred, one ewe.

A ram should not be taken for zakat. nor an old or an injured ewe, except as the zakat-collector thinks fit.

Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.

Whatever belongs to two associates is settled between them proportionately.

On silver, if it reaches five awaq (two hundred dirhams), one fortieth is paid."

The people used to say, "Abu Huraira narrates too many narrations." In fact I used to keep close to Allah's Apostle and was satisfied with what filled my stomach. I ate no leavened bread and dressed no decorated striped clothes, and never did a man or a woman serve me, and I often used to press my belly against gravel because of hunger, and I used to ask a man to recite a Qur'anic Verse to me although I knew it, so that he would take me to his home and feed me. And the most generous of all the people to the poor was Ja`far bin Abi Talib. He used to take us to his home and offer us what was available therein. He would even offer us an empty folded leather container (of butter) which we would split and lick whatever was in it.

Mother of the Believers: We, the wives of the Prophet were all sitting with the Prophet and none of us had left when Fatima came walking, and by Allah, her gait was very similar to that of Allah's Apostle .' When he saw her, he welcomed her, saying, "Welcome, O my daughter!" Then he made her sit on his right or his left, confided something to her, whereupon she wept bitterly. When he noticed her sorrow, he confided something else to her for the second time, and she started laughing. Only I from among the Prophet's wives said to her, "(O Fatima), Allah's Apostle selected you from among us for the secret talk and still you weep?" When Allah's Apostle got up (and went away), I asked her, "What did he confide to you?" She said, "I wouldn't disclose the secrets of Allah's Apostle" But when he died I asked her, "I beseech you earnestly by what right I have on you, to tell me (that secret talk which the Prophet had with you)" She said, "As you ask me now, yes, (I will tell you)." She informed me, saying, "When he talked to me secretly the first time, he said that Gabriel used to review the Qur'an with him once every year. He added, 'But this year he reviewed it with me twice, and therefore I think that my time of death has approached. So, be afraid of Allah, and be patient, for I am the best predecessor for you (in the Hereafter).' " Fatima added, "So I wept as you (`Aisha) witnessed. And when the Prophet saw me in this sorrowful state, he confided the second secret to me saying, 'O Fatima! Will you not be pleased that you will be chief of all the believing women (or chief of the women of this nation i.e. my followers?")

Yahya related to me from Malik that Humayd ibn Oays al-Makki told him, "I was with Mujahid while he was performing tawaf around the Kaba, and a man came to him and asked whether the days (of fasting) for kaffara had to be fasted consecutively, or could they be split up. I said to him, 'Yes, they can be split up, if the person so wishes.' Mujahid said, 'He should not split them up, because in Ubayy ibn Kab's recitation they are referred to as three consecutive days.' "

Malik said, "What I like most is what Allah has specified in the Qur'an, that is, that they are fasted consecutively."

Malik was asked about a woman who began the day fasting in Ramadan and though it was outside of the time of her period, fresh blood (i.e. not menstrual blood) flowed from her. She then waited until evening to see the same, but did not see anything.Then, on the next day in the morning she had anotherflow, though less than the first. Then, some days before her period, the flow stopped completely. Malik was asked what she should do about her fasting and prayer, and he said, "This blood is like menstrual blood. When she sees it she should break her fast, and then make up the days she has missed. Then, when the blood has completely stopped, she should do ghusl and fast."

Malik was asked whether someone who became muslim on the last day of Ramadan had to make up all of Ramadan or whether he just had to make up the day when he became muslim, and he said, "He does not have to make up any of the days that have passed. He begins fasting from that day onwards. What I like most is that he makes up the day on which he became muslim."

One of the daughters of `Uthman died at Mecca. We went to attend her funeral procession. Ibn `Umar and Ibn `Abbas were also present. I sat in between them (or said, I sat beside one of them. Then a man came and sat beside me.) `Abdullah bin `Umar said to `Amr bin `Uthman, "Will you not prohibit crying as Allah's Apostle has said, 'The dead person is tortured by the crying of his relatives.?" Ibn `Abbas said, "`Umar used to say so." Then he added narrating, "I accompanied `Umar on a journey from Mecca till we reached Al-Baida. There he saw some travelers in the shade of a Samura (A kind of forest tree). He said (to me), "Go and see who those travelers are." So I went and saw that one of them was Suhaib. I told this to `Umar who then asked me to call him. So I went back to Suhaib and said to him, "Depart and follow the chief of the faithful believers." Later, when `Umar was stabbed, Suhaib came in weeping and saying, "O my brother, O my friend!" (on this `Umar said to him, "O Suhaib! Are you weeping for me while the Prophet said, "The dead person is punished by some of the weeping of his relatives?" Ibn `Abbas added, "When `Umar died I told all this to Aisha and she said, 'May Allah be merciful to `Umar. By Allah, Allah's Apostle did not say that a believer is punished by the weeping of his relatives. But he said, Allah increases the punishment of a non-believer because of the weeping of his relatives." Aisha further added, "The Qur'an is sufficient for you (to clear up this point) as Allah has stated: 'No burdened soul will bear another's burden.' " (35.18). Ibn `Abbas then said, "Only Allah makes one laugh or cry." Ibn `Umar did not say anything after that.

While Allah's Apostle was proceeding at night during one of his journeys and `Umar bin Al-Khattab was traveling beside him, `Umar asked him about something but Allah's Apostle did not reply. He asked again, but he did not reply, and then he asked (for the third time) but he did not reply. On that, `Umar bin Al-Khattab said to himself, "Thakilat Ummu `Umar (May `Umar's mother lose her son)! I asked Allah's Apostle three times but he did not reply." `Umar then said, "I made my camel run faster and went ahead of the people, and I was afraid that some Qur'anic Verses might be revealed about me. But before getting involved in any other matter. I heard somebody calling me. I said to myself, 'I fear that some Qur'anic Verses have been revealed about me,' and so I went to Allah's Apostle and greeted him. He (Allah's Apostle ) said, 'Tonight a Sura has been revealed to me, and it is dearer to me than that on which the sun rises (i.e. the world)' Then he recited: "Verily, We have given you a manifest victory." (48.1)

The Prophet (p.b.u.h) used to teach us the way of doing Istikhara (Istikhara means to ask Allah to guide one to the right sort of action concerning any job or a deed), in all matters as he taught us the Suras of the Qur'an. He said, "If anyone of you thinks of doing any job he should offer a two rak`at prayer other than the compulsory ones and say (after the prayer): -- 'Allahumma inni astakhiruka bi'ilmika, Wa astaqdiruka bi-qudratika, Wa as'alaka min fadlika Al-`azlm Fa-innaka taqdiru Wala aqdiru, Wa ta'lamu Wala a'lamu, Wa anta 'allamu l-ghuyub. Allahumma, in kunta ta'lam anna hadha-lamra Khairun li fi dini wa ma'ashi wa'aqibati `Amri (or 'ajili `Amri wa'ajilihi) Faqdirhu wa yas-sirhu li thumma barik li Fihi, Wa in kunta ta'lamu anna hadha-lamra shar-run li fi dini wa ma'ashi wa'aqibati `Amri (or fi'ajili `Amri wa ajilihi) Fasrifhu anni was-rifni anhu. Waqdir li al-khaira haithu kana Thumma ardini bihi.' (O Allah! I ask guidance from Your knowledge, And Power from Your Might and I ask for Your great blessings. You are capable and I am not. You know and I do not and You know the unseen. O Allah! If You know that this job is good for my religion and my subsistence and in my Hereafter--(or said: If it is better for my present and later needs)--Then You ordain it for me and make it easy for me to get, And then bless me in it, and if You know that this job is harmful to me In my religion and subsistence and in the Hereafter--(or said: If it is worse for my present and later needs)--Then keep it away from me and let me be away from it. And ordain for me whatever is good for me, And make me satisfied with it). The Prophet added that then the person should name (mention) his need.

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."