There were good relations and brotherhood between this tribe of Jurm and the Ash`ariyyin. Once, while we were sitting with Abu Musa Al-Ash`ari, there was brought to him a meal which contained chicken meat, and there was sitting beside him, a man from the tribe of Bani Taimul-lah who looked like one of the Mawali. Abu Musa invited the man to eat but the man said, "I have seen chicken eating some dirty things, and I have taken an oath not to eat chicken." Abu Musa said to him, "Come along, let me tell you something in this regard. Once I went to the Prophet with a few men from Ash`ariyyin and we asked him for mounts. The Prophet said, By Allah, I will not mount you on anything; besides I do not have anything to mount you on.' Then a few camels from the war booty were brought to the Prophet, and he asked about us, saying, 'Where are the group of Ash`ariyyin?' So he ordered for five fat camels to be given to us and then we set out. We said, 'What have we done? Allah's Apostle took an oath that he would not give us anything to ride and that he had nothing for us to ride, yet he provided us with mounts. We made Allah's Apostle forget his oath! By Allah, we will never be successful.' So we returned to him and reminded him of his oath. He said, 'I have not provided you with the mount, but Allah has done so. By Allah, I may take an oath to do something, but on finding something else which is better, I do that which is better and make the expiation for my oath.' "

The funeral prayer should be offered for every child even if he were the son of a prostitute as he was born with a true faith of Islam (i.e. to worship none but Allah Alone). If his parents are Muslims, particularly the father, even if his mother were a non-Muslim, and if he after the delivery cries (even once) before his death (i.e. born alive) then the funeral prayer must be offered. And if the child does not cry after his delivery (i.e. born dead) then his funeral prayer should not be offered, and he will be considered as a miscarriage. Abu Huraira, narrated that the Prophet said, "Every child is born with a true faith (i.e. to worship none but Allah Alone) but his parents convert him to Judaism or to Christianity or to Magainism, as an animal delivers a perfect baby animal. Do you find it mutilated?" Then Abu Huraira recited the holy verses: 'The pure Allah's Islamic nature (true faith i.e. to worship none but Allah Alone), with which He has created human beings.' " (30.30).

When Az-Zubair got up during the battle of Al-Jamal, he called me and I stood up beside him, and he said to me, "O my son! Today one will be killed either as an oppressor or as an oppressed one. I see that I will be killed as an oppressed one. My biggest worry is my debts. Do you think, if we pay the debts, there will be something left for us from our money?" Az-Zubair added, "O my son! Sell our property and pay my debts." Az-Zubair then willed one-third of his property and willed one-third of that portion to his sons; namely, `Abdullah's sons. He said, "One-third of the one third. If any property is left after the payment of the debts, one-third (of the one-third of what is left) is to be given to your sons." (Hisham, a sub-narrator added, "Some of the sons of `Abdullah were equal in age to the sons of Az-Zubair e.g. Khubaib and `Abbas. `Abdullah had nine sons and nine daughters at that time." (The narrator `Abdullah added:) My father (Az-Zubair) went on drawing my attention to his debts saying, "If you should fail to pay part of the debts, appeal to my Master to help you." By Allah! I could not understand what he meant till I asked, "O father! Who is your Master?" He replied, "Allah (is my Master)." By Allah, whenever I had any difficulty regarding his debts, I would say, "Master of Az-Zubair! Pay his debts on his behalf ." and Allah would (help me to) pay it. Az-Zubair was martyred leaving no Dinar or Dirham but two pieces of land, one of which was (called) Al-Ghaba, and eleven houses in Medina, two in Basra, one in Kufa and one in Egypt. In fact, the source of the debt which he owed was, that if somebody brought some money to deposit with him. Az-Zubair would say, "No, (i won't keep it as a trust), but I take it as a debt, for I am afraid it might be lost." Az-Zubair was never appointed governor or collector of the tax of Kharaj or any other similar thing, but he collected his wealth (from the war booty he gained) during the holy battles he took part in, in the company of the Prophet, Abu Bakr, `Umar, and `Uthman. (`Abdullah bin Az-Zubair added:) When I counted his debt, it turned to be two million and two hundred thousand. (The sub-narrator added:) Hakim bin Hizam met `Abdullah bin Zubair and asked, "O my nephew! How much is the debt of my brother?" `Abdullah kept it as a secret and said, "One hundred thousand," Hakim said, "By Allah! I don't think your property will cover it." On that ...

I went out with my father to see the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). I fixed my eyes on him. My father came near him while he was riding his she-camel. He had a whip like the whip of scribes. I heard the bedouin and the people say: The whip, the whip. My father came near him and held his foot. She said: He admitted his Prophethood and stood and listened to him.

He said: Messenger of Allah, I have made a vow that if a son is born to me, I shall slaughter a number of sheep at the end of Buwanah in the dale of hill.

The narrator said: I do not know (for certain) that she said: Fifty (sheep).

The Messenger of Allah (saws) said: Does it contain any idol?

He said: No. Then he said: Fulfil your vow that you have taken for Allah. He then gathered them (i.e. the sheep) and began to slaughter them. A sheep ran away from them.

He searched for it saying: O Allah, fulfil my vow on my behalf. So he succeeded (in finding it) and slaughtered it.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Sa`d bin Abi Waqqas used to recommend these five (statements) and say that the Prophet said so (and they are): "O Allah! I seek refuge with You from miserliness, and seek refuge with You from cowardice, and seek refuge with You from being brought back to geriatric old age, and seek refuge with You from the afflictions of the world, and seek refuge with You from the punishment of the grave."

The Prophet used to teach us these words as he used to teach us the Book (Qur'an): "O Allah! seek refuge with You from miserliness, and seek refuge with You from cowardice, and seek refuge with You from being brought back to (senile) geriatric old age, and seek refuge with You from the affliction of the world and from the punishment in the Hereafter."

While the Prophet was in a funeral procession, he took a stick and started scraping the earth with it and said, "There is none of you but has his place assigned either in Hell or in Paradise." They (the people) said, "Shall we not depend upon that (and give up doing any deeds)?' He said, " Carry on doing (good deeds) for everybody will find it easy to do such deeds as will lead him to his destined place for which he has been created ." (And then the Prophet recited the Verse):-- 'As for him who gives (in charity) and keeps his duty to Allah...' (92.5)

The Prophet said, "In very hot weather delay the Zuhr prayer till it becomes (a bit) cooler because the severity of heat is from the raging of the Hell-fire. The Hell-fire of Hell complained to its Lord saying: O Lord! My parts are eating (destroying) one another. So Allah allowed it to take two breaths, one in the winter and the other in the summer. The breath in the summer is at the time when you feel the severest heat and the breath in the winter is at the time when you feel the severest cold."

from the black thread." was revealed, but: '... of dawn' was not revealed (along with it) so some men, when intending to fast, used to tie their legs, one with white thread and the other with black thread and would keep on eating till they could distinguish one thread from the other. Then Allah revealed' ... of dawn,' whereupon they understood that meant the night and the day.

The Prophet (saws) said: If anyone is given life-tenancy, it belongs to him and to his descendants. His descendants who inherit him will inherit from it.

Yahya related to me from Malik from Yahya ibn Said that Abu Salama ibn Abd ar-Rahman said, "I heard Abu Qatada ibn Ribiyy say that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The good dream is from Allah, and the bad dream is from shaytan. When you see what you dislike, spit to your left side three times when you wake up, and seek refuge with Allah from its evil. It will not harm you then, Allah willing.' " Abu Salama said, "I would see dreams which weighed on me more heavily than a mountain. When I heard this hadith, I was not concerned about it."

I said: "O Allah's Apostle! Who will be the luckiest person, who will gain your intercession on the Day of Resurrection?" Allah's Apostle said: O Abu Huraira! "I have thought that none will ask me about it before you as I know your longing for the (learning of) Hadiths. The luckiest person who will have my intercession on the Day of Resurrection will be the one who said sincerely from the bottom of his heart "None has the right to be worshipped but Allah."

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...

`Urwa bin Az-Zubair said that he asked `Aisha about the meaning of the Qur'anic Verse:-- "And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (4.2-3) Aisha said, "It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah's Apostle about it. So Allah revealed the following Verse:-- "They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula."

Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar."

Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."

Allah's Apostle was informed that I had taken an oath to fast daily and to pray (every night) all the night throughout my life (so Allah's Apostle came to me and asked whether it was correct): I replied, "Let my parents be sacrificed for you! I said so." The Prophet said, "You can not do that. So, fast for few days and give it up for few days, offer Salat (prayer) and sleep. Fast three days a month as the reward of good deeds is multiplied ten times and that will be equal to one year of fasting." The Prophet said to me, "Fast one day and give up fasting for two days." I replied, "I can do better than that." The Prophet said to me, "Fast one day and give up fasting for a day and that is the fasting of Prophet David and that is the best fasting." I said, "I have the power to fast better (more) than that." The Prophet said, "There is no better fasting than that."

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

Salim al-Barrad said: We came to AbuMas'ud Uqbah ibn Amr al-Ansari and said to him: Tell us about the prayer of the Messenger of Allah (saws).

He stood up before us in the mosque and said the takbir. When he bowed, he placed his hands upon his knees and put his fingers below, and kept his elbows (arms) away from his sides, so everything returned properly to its place. Then he said: "Allah listens to him who praises Him"; then he stood up so that everything returned properly to its place; then he said the takbir and prostrated and put the palms of his hands on the ground; he kept his elbow (arms) away from his sides, so that everything returned to its proper place. Then he raised his head and sat so that everything returned to its place; he then repeated it in a similar way. Then he offered four rak'ahs of prayer like this rak'ah and completed his prayer.

Then he said: Thus we witnessed the Messenger of Allah (saws) offering his prayer.

Muslim ibn Yasar al-Juhani said: When Umar ibn al-Khattab was asked about the verse "When your Lord took their offspring from the backs of the children of Adam" - al-Qa'nabi recited the verse--he said: I heard the Messenger of Allah (saws) say when he was questioned about it: Allah created Adam, then passed His right hand over his back, and brought forth from it his offspring, saying: I have these for Paradise and these will do the deeds of those who go to Paradise. He then passed His hand over his back and brought forth from it his offspring, saying: I have created these for Hell, and they will do the deeds of those who go to Hell.

A man asked: What is the good of doing anything, Messenger of Allah? The Messenger of Allah (saws) said: When Allah creates a servant for Paradise, He employs him in doing the deeds of those who will go to Paradise, so that his final action before death is one of the deeds of those who go to Paradise, for which He will bring him into Paradise. But when He creates a servant for Hell, He employs him in doing the deeds of those who will go to Hell, so that his final action before death is one of the deeds of those who go to Hell, for which He will bring him into Hell.

Yahya related to me from Malik that Ibn Shihab said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, took jizya from the magians of Bahrain, that Umar ibn al- Khattab took it from the magians of Persia and that Uthman ibn Affan took it from the Berbers."

`Urwa said, "The Prophet entered Mecca in the year of the conquest of Mecca from the side of Kada' which is at the higher part of Mecca." `Urwa often entered from Kada' which was nearer of the two to his dwelling place.

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 ...

The Prophet and one of his wives used to take a bath from a single pot of water. (Shu`ba added to Anas' Statement "After the Janaba").

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."