Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "

We were with `Abdullah and he said, "When the Prophet saw the refusal of the people to accept Islam he said, "O Allah! Send (famine) years on them for (seven years) like the seven years (of famine during the time) of (Prophet) Joseph." So famine overtook them for one year and destroyed every kind of life to such an extent that the people started eating hides, carcasses and rotten dead animals. Whenever one of them looked towards the sky, he would (imagine himself to) see smoke because of hunger. So Abu Sufyan went to the Prophet and said, "O Muhammad! You order people to obey Allah and to keep good relations with kith and kin. No doubt the people of your tribe are dying, so please pray to Allah for them." So Allah revealed: "Then watch you For the day that The sky will bring forth a kind Of smoke Plainly visible ... Verily! You will return (to disbelief) On the day when We shall seize You with a mighty grasp. (44.10-16) Ibn Mas`ud added, "Al-Batsha (i.e. grasp) happened in the battle of Badr and no doubt smoke, Al-Batsha, Al-Lizam, and the verse of Surat Ar-Rum have all passed .

Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al- Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.'

Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?'

''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off."

Malik related to me from Umar ibn Abd ar-Rahman ibn Dalaf al- Muzani from his father that a man from the Juhayna tribe used to buy camels before people set out for hajj and sell them at a higher price. Then he travelled quickly and used to arrive in Makka before the others who set out for hajj. He went bankrupt and his situation was put before Umar ibn al-Khattab, who said, "O People! al-Usayfi, al- Usayfi of the Juhayna, was satisfied with his deen and his trust because it was said of him that he arrived before the others on hajj. He used to incur debts which he was not careful to repay, so all of his property has been eaten up by it. Whoever has a debt against him, let him come to us tomorrow and we will divide his property between his creditors. Beware of debts! Their beginning is a worry and their end is destitution. "

On the day of the Conquest of Mecca, when the Prophet had given (from the booty) the Quraish, the Ansar said, "By Allah, this is indeed very strange: While our swords are still dribbling with the blood of Quraish, our war booty are distributed amongst them." When this news reached the Prophet he called the Ansar and said, "What is this news that has reached me from you?" They used not to tell lies, so they replied, "What has reached you is true." He said, "Doesn't it please you that the people take the booty to their homes and you take Allah's Apostle to your homes? If the Ansar took their way through a valley or a mountain pass, I would take the Ansar's valley or a mountain pass."

Malik related to me that Zayd ibn Aslam said, "Usury in the Jahiliyya was that a man would give a loan to a man for a set term. When the term was due, he would say, 'Will you pay it off or increase me?' If the man paid, he took it. If not, he increased him in his debt and lengthened the term for him ."

Malik said, "The disapproved of way of doing things about which there is no dispute among us, is that a man should give a loan to a man for a term, and then the demander reduce it and the one from whom it is demanded pay it in advance. To us that is like someone who delays repaying his debt after it is due to his creditor and his creditor increases his debt." Malik said, "This is nothing else but usury. No doubt about it."

Malik spoke about a man who loaned one hundred dinars to a man for two terms. When it was due, the person who owed the debt said to him, "Sell me some goods, whose price is one hundred dinars in cash for one hundred and fifty on credit." Malik said, "This transaction is not good, and the people of knowledge still forbid it."

Malik said, "This is disapproved of because the creditor himself gives the debtor the price of what the man sells him, and he defers repayment of the hundred of the first transaction for the debtor for the term which is mentioned to him in the second transaction, and the debtor increases him with fifty dinars for his deferring him. That is disapproved of and it is not good. It also resembles the hadith of Zayd ibn Aslam about the transactions of the people of the Jahiliyya. When their debts were due, they said to the person with the debt, 'Either you pay in full or you increase it.' If they paid, they took it, and if not they increased debtors in their debts, and extended the term for them."

That once `Umar bin Al-Khattab called him and while he was sitting with him, his gatekeeper, Yarfa came and said, "Will you admit `Uthman, `Abdur-Rahman bin `Auf, AzZubair and Sa`d (bin Abi Waqqas) who are waiting for your permission?" `Umar said, "Yes, let them come in." After a while, Yarfa- came again and said, "Will you admit `Ali and `Abbas who are asking your permission?" `Umar said, "Yes." So, when the two entered, `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali). "Both of them had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai (i.e. booty gained without fighting), `Ali and `Abbas started reproaching each other. The (present) people (i.e. `Uthman and his companions) said, "O chief of the believers! Give your verdict in their case and relieve each from) the other." `Umar said, "Wait I beseech you, by Allah, by Whose Permission both the heaven and the earth stand fast! Do you know that Allah's Apostle said, 'We (Prophets) our properties are not to be inherited, and whatever we leave, is to be spent in charity,' and he said it about himself?" They (i.e. `Uthman and his company) said, "He did say it. "`Umar then turned towards `Ali and `Abbas and said, "I beseech you both, by Allah! Do you know that Allah's Apostle said this?" They replied in the affirmative. He said, "Now I am talking to you about this matter. Allah the Glorified favored His Apostle with something of this Fai (i.e. booty won without fighting) which He did not give to anybody else. Allah said:-- "And what Allah gave to His Apostle ("Fai"" Booty) from them--For which you made no expedition With either Calvary or camelry. But Allah gives power to His Apostles Over whomsoever He will And Allah is able to do all things." (59.6) So this property was especially granted to Allah's Apostle . But by Allah, the Prophet neither took it all for himself only, nor deprived you of it, but he gave it to all of you and distributed it amongst you till only this remained out of it. And from this Allah's Apostle used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's Property is spent (i.e. in charity), Allah's Apostle kept on acting like that during all his life, Then he died, and Abu Bakr said, 'I am the successor of Allah's Apostle.' So he (i.e. Abu Bakr) took charge of this property and disposed ...

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "You are in prayer as long as the prayer detains you and there is nothing that prevents you from returning to your family except the prayer."

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The doors of the Garden are opened on Monday and Thursday. Every muslim slave who does not associate anything with Allah is forgiven except for the man who has enmity between him and his brother. It is said, 'Leave these two until they have made a reconciliation. Leave these two until they have made a reconciliation.' "

Umarah ibn Ghurab said that his paternal aunt narrated to him that she asked Aisha: What if one of us menstruates and she and her husband have no bed except one? She replied: I relate to you what the Messenger of Allah (saws) had done.

One night he entered (upon me) while I was menstruating. He went to the place of his prayer, that is, to the place of prayer reserved (for this purpose) in his house. He did not return until I felt asleep heavily, and he felt pain from cold. And he said: Come near me. I said: I am menstruating. He said: Uncover your thighs. I, therefore, uncovered both of my thighs. Then he put his cheek and chest on my thighs and I lent upon he until he became warm and slept.

that he heard Allah's Apostle saying, "Allah willed to test three Israelis who were a Leper, a blind man and a bald-headed man. So, he sent them an angel who came to the leper and said, 'What thing do you like most?' He replied, 'Good color and good skin, for the people have a strong aversion to me.' The angel touched him and his illness was cured, and he was given a good color and beautiful skin. The angel asked him, 'What kind of property do you like best?' He replied, 'Camels (or cows).' (The narrator is in doubt, for either the leper or the bald-headed man demanded camels and the other demanded cows). So he (i.e. the leper) was given a pregnant she-camel, and the angel said (to him), 'May Allah bless you in it.' The angel then went to the bald-headed man and said, 'What thing do you like most?' He said, 'I like good hair and wish to be cured of this disease, for the people feel repulsion for me.' The angel touched him and his illness was cured, and he was given good hair. The angel asked (him), 'What kind of property do you like best?' He replied, 'Cows,' The angel gave him a pregnant cow and said, 'May Allah bless you in it.' The angel went to the blind man and asked, 'What thing do you like best?' He said, '(I like) that Allah may restore my eye-sight to me so that I may see the people.' The angel touched his eyes and Allah gave him back his eye-sight. The angel asked him, 'What kind of property do you like best?' He replied, 'Sheep.' The angel gave him a pregnant sheep. Afterwards, all the three pregnant animals gave birth to young ones, and multiplied and brought forth so much that one of the (three) men had a herd of camels filling a valley, and one had a herd of cows filling a valley, and one had a flock of sheep filling a valley. Then the angel, disguised in the shape and appearance of a leper, went to the leper and said, I am a poor man, who has lost all means of livelihood while on a journey. So none will satisfy my need except Allah and then you. In the Name of Him Who has given you such nice color and beautiful skin, and so much property, I ask you to give me a camel so that I may reach my destination. The man replied, 'I have many obligations (so I cannot give you).' The angel said, 'I think I know you; were you not a leper to whom the people had a strong aversion? Weren't you a poor man, and then Allah gave you (all this property).' He replied, '(This is all wrong), I got this property through ...

Rifa`a Al-Qurazi married a lady and then divorced her whereupon she married another man. She came to the Prophet and said that her new husband did not approach her, and that he was completely impotent. The Prophet said (to her), "No (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you).

`Abdul Malik wrote to Al-Hajjaj that he should not differ from Ibn `Umar during Hajj. On the Day of `Arafat, when the sun declined at midday, Ibn `Umar came along with me and shouted near Al- Hajjaj's cotton (cloth) tent. Al-Hajjaj came Out, wrapping himself with a waist-sheet dyed with safflower, and said, "O Abu `Abdur-Rahman! What is the matter?" He said, If you want to follow the Sunna (the tradition of the Prophet (p.b.u.h) ) then proceed (to `Arafat)." Al-Hajjaj asked, "At this very hour?" Ibn `Umar said, "Yes." He replied, "Please wait for me till I pour some water over my head (i.e. take a bath) and come out." Then Ibn `Umar dismounted and waited till Al-Hajjaj came out. So, he (Al-Hajjaj) walked in between me and my father (Ibn `Umar). I said to him, "If you want to follow the Sunna then deliver a brief sermon and hurry up for the stay at `Arafat." He started looking at `Abdullah (Ibn `Umar) (inquiringly), and when `Abdullah noticed that, he said that he had told the truth.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar never used to tear the drapes of his sacrificial animals, and he would not drape them until he went from Mina to Arafa.

If a man saw a dream during the lifetime of the Prophet he would narrate it to the Prophet. Once I wished to see a dream and narrate it to the Prophet I was young, unmarried, and used to sleep in the Mosque during the lifetime of the Prophet. I dreamt that two angels took me and went away with me towards the (Hell) Fire which looked like a well with the inside walls built up, and had two side-walls like those of a well. There I saw some people in it whom I knew. I started saying, "I seek Refuge with Allah from the (Hell) Fire, I seek Refuge with Allah from the (Hell) Fire." Then another angel met the other two and said to me, "Do not be afraid." I narrated my dream to Hafsa who, in her turn, narrated it to the Prophet. He said, "What an excellent man `Abdullah is if he only observes the night prayer." (Salem, a sub-narrator said, "Abdullah used not to sleep at night but very little hence forward."

There was a dispute between Abu Bakr and `Umar, and Abu Bakr made `Umar angry. So `Umar left angrily. Abu Bakr followed him, requesting him to ask forgiveness (of Allah) for him, but `Umar refused to do so and closed his door in Abu Bakr's face. So Abu Bakr went to Allah's Apostle while we were with him. Allah's Apostle said, "This friend of yours must have quarrelled (with somebody)." In the meantime `Umar repented and felt sorry for what he had done, so he came, greeted (those who were present) and sat with the Prophet and related the story to him. Allah's Apostle became angry and Abu Bakr started saying, "O Allah's Apostle! By Allah, I was more at fault (than `Umar)." Allah's Apostle said, "Are you (people) leaving for me my companion? (Abu Bakr), Are you (people) leaving for me my companion? When I said, 'O people I am sent to you all as the Apostle of Allah,' you said, 'You tell a lie.' while Abu Bakr said, 'You have spoken the truth ."

My uncle asked Allah's Apostle about a person who imagined to have passed wind during the prayer. Allah' Apostle replied: "He should not leave his prayers unless he hears sound or smells something."

Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that Abu Talha had said to Umm Sulaym, "I have just been listening to the Messenger of Allah, may Allah bless him and grant him peace, and his voice was very weak. I recognised hunger in it, so, do you have anything?" She replied, "Yes," and brought out some barley loaves. She took her long head scarf and wrapped up the bread with part of it and put it into my (Anas's) hand and gave me part of it to wear. Then she sent me to the Messenger of Allah, may Allah bless him and grant him peace."

Anas continued, "I took it, and I found the Messenger of Allah, may Allah bless him and grant him peace, sitting in the mosque with some people. I watched them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did Abu Talha send you?' I replied, 'Yes.' He said, 'For food?' I said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, said to those with him, 'Let us go.' He set off and I went among them until I came to Abu Talha and told him. Abu Talha said, 'Umm Sulaym! The Messenger of Allah, may Allah bless him and grant him peace, has brought people and we have no food. What shall we give them to eat?' She said, 'Allah and His Messenger know best.' "

Anas continued, "Abu Talha went out and met the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, approached with Abu Talha until they entered. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Come now, Umm Sulaym, what have you got?' She brought out bread. The Messenger of Allah, may Allah bless him and grant him peace, ordered it to be broken into pieces, and Umm Sulaym squeezed out onto it a container of clarified butter which she had seasoned. Then the Messenger of Allah, may Allah bless him and grant him peace, said whatever Allah wished him to say, and said, 'Will you give permission for ten of them to come in?' He gave them permission, and they ate until they were full and then left. He said, 'Give permission to ten more.' He gave them permission, and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave them permission and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave permission and they ate until they were full and left. There were seventy or eighty men."

Amr ibn Maymun al-Awdi said: Mu'adh ibn Jabal, the Messenger of the Messenger of Allah (saws) came to us in Yemen, I heard his takbir (utterance of AllahuAkbar) in the dawn prayer. He was a man with loud voice. I began to love him. I did depart from him until I buried him dead in Syria (i.e. until his death).

Then I searched for a person who had deep understanding in religion amongst the people after him. So I came to Ibn Mas'ud and remained in his company until his death. He (Ibn Mas'ud) said: The Messenger of Allah (saws) said to me: How will you act when you are ruled by rulers who say prayer beyond its proper time? I said: What do you command me, Messenger of Allah, if I witness such a time? He replied: Offer the prayer at its proper time and also say your prayer along with them as a supererogatory prayer.

Ibn Abbas reported the Prophet (saws) as saying: I have been commanded - according to the version of Hammad: Your Prophet (saws) was commanded - to prostrate on seven (bones), and not to fold back the hair or the clothing.

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me, and I asked him again and he gave me and said, 'O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand." Hakim added, "I said, O Allah's Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die." Afterwards Abu Bakr used to call Hakim to give him something but he refused to accept anything from him. Then `Umar called him to give him (something) but he refused. Then `Umar said, "O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it." Thus Hakim did not ask anybody for anything after the Prophet, till he died--may Allah bestow His mercy upon him.

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me. I asked him again, and he gave me, and said to me. 'O Hakim! This wealth is like green sweet (i.e. fruit), and if one takes it without greed, then one is blessed in it, and if one takes it with greediness, then one is not blessed in it, and will be like the one who eats without satisfaction. And an upper (i.e. giving) hand is better than a lower (i.e. taking) hand,' I said, 'O Allah's Apostle! By Him Who has sent you with the Truth. I will not ask anyone for anything after you till I leave this world." So, when Abu Bakr during his Caliphate, called Hakim to give him (some money), Hakim refused to accept anything from him. Once `Umar called him (during his Caliphate) in order to give him something, but Hakim refused to accept it, whereupon `Umar said, "O Muslims! I give him (i.e. Hakim) his right which Allah has assigned to him) from this Fai '(booty), but he refuses to take it." So Hakim never took anything from anybody after the Prophet till he died.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

There is none born but is created to his true nature (Islam). It is his parents who make him a Jew or a Christian or a Magian quite as beasts produce their young with their limbs perfect. Do you see anything deficient in them? Then he quoted the Qur'an., The nature made by Allah in which He has created men there is no altering of Allah's creation; that is the right religion" (ar-Rum:30)

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

I asked `Aisha : "How do you interpret the statement of Allah,. : Verily! (the mountains) As-Safa and Al-Marwa are among the symbols of Allah, and whoever performs the Hajj to the Ka`ba or performs `Umra, it is not harmful for him to perform Tawaf between them (Safa and Marwa.) (2.158). By Allah! (it is evident from this revelation) there is no harm if one does not perform Tawaf between Safa and Marwa." `Aisha said, "O, my nephew! Your interpretation is not true. Had this interpretation of yours been correct, the statement of Allah should have been, 'It is not harmful for him if he does not perform Tawaf between them.' But in fact, this divine inspiration was revealed concerning the Ansar who used to assume lhram for worship ping an idol called "Manat" which they used to worship at a place called Al-Mushallal before they embraced Islam, and whoever assumed Ihram (for the idol), would consider it not right to perform Tawaf between Safa and Marwa. When they embraced Islam, they asked Allah's Apostle (p.b.u.h) regarding it, saying, "O Allah's Apostle! We used to refrain from Tawaf between Safa and Marwa." So Allah revealed: 'Verily; (the mountains) As-Safa and Al-Marwa are among the symbols of Allah.' " Aisha added, "Surely, Allah's Apostle set the tradition of Tawaf between Safa and Marwa, so nobody is allowed to omit the Tawaf between them." Later on I (`Urwa) told Abu Bakr bin `Abdur-Rahman (of `Aisha's narration) and he said, 'I have not heard of such information, but I heard learned men saying that all the people, except those whom `Aisha mentioned and who used to assume lhram for the sake of Manat, used to perform Tawaf between Safa and Marwa. When Allah referred to the Tawaf of the Ka`ba and did not mention Safa and Marwa in the Qur'an, the people asked, 'O Allah's Apostle! We used to perform Tawaf between Safa and Marwa and Allah has revealed (the verses concerning) Tawaf of the Ka`ba and has not mentioned Safa and Marwa. Is there any harm if we perform Tawaf between Safa and Marwa?' So Allah revealed: "Verily As-Safa and Al- Marwa are among the symbols of Allah." Abu Bakr said, "It seems that this verse was revealed concerning the two groups, those who used to refrain from Tawaf between Safa and Marwa in the Pre- Islamic Period of ignorance and those who used to perform the Tawaf then, and after embracing Islam they refrained from the Tawaf between them as Allah had enjoined Tawaf of the Ka`ba and did not ...

That he heard Allah's Apostle saying, "(The prophet) Moses said to his attendant, "Bring us our early meal' (18.62). The latter said, 'Did you remember when we betook ourselves to the rock? I indeed forgot the fish and none but Satan made me forget to remember it." (18.63) Moses did not feel tired till he had crossed the place which Allah ordered him to go to."

Abu Talha said to Um Sulaim, "I have heard the voice of Allah's Apostle which was feeble, and I think that he is hungry. Have you got something (to eat)?" She took out some loaves of barley bread, then took her face-covering sheet and wrapped the bread in part of it, and pushed it under my garment and turned the rest of it around my body and sent me to Allah's Apostle . I went with that, and found Allah's Apostle in the mosque with some people. I stood up near them, and Allah's Apostle asked me, "Have you been sent by Abu Talha?" I said, "Yes." He asked, "With some food (for us)?" I said, "Yes." Then Allah's Apostle said to all those who were with him, "Get up!" He set out (and all the people accompanied him) and I proceeded ahead of them till I came to Abu Talha. Abu Talha then said, "O Um Sulaim! Allah's Apostle has arrived along with the people, and we do not have food enough to feed them all." She said, "Allah and His Apostle know better." So Abu Talha went out till he met Allah's Apostle. Then Abu Talha and Allah's Apostle came and entered the house. Allah's Apostle said, "Um Sulaim ! Bring whatever you have." She brought that very bread. The Prophet ordered that it be crushed into small pieces, and Um Sulaim pressed a skin of butter on it. Then Allah's Apostle said whatever Allah wished him to say (to bless the food) and then added, "Admit ten (men)." So they were admitted, ate their fill and went out. The Prophet then said, "Admit ten (more)." They were admitted, ate their full, and went out. He then again said, "Admit ten more!" They were admitted, ate their fill, and went out. He admitted ten more, and so all those people ate their fill, and they were eighty men.

Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd al-Malik, from Ata ibn Yazid al-Laythi that Abu Hurayra said, "Whoever says 'Glory be to Allah' (Subhana'llah) thirty- three times and 'Allah is Greater' (Allahu akbar) thirty-three times and 'Praise be to Allah' (al-hamdu lillah) thirty-three times, and seals the hundred with 'There is no god but Allah, alone without any partner. The Kingdom and praise belong to Him and He has power over everything' (La ilaha illa'llah, wahdahu la sharika lah, lahu'l mulku wa lahu'l hamd, wa huwa ala kulli shay'in qadir) after every prayer will have his wrong actions forgiven him even if they are abundant as the foam on the sea."

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over ...

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala that Humayd ibn Malik ibn Khu'haym said, "I was sitting with Abu Hurayra on his land at al-Aqiq. Some people rode out from Madina to call upon Abu Hurayra. He told me to go to his mother, sending his greetings and asking her to prepare some food." Humayd continued, "She set down three loaves on a plate and some oil and salt. Then she put it on my head and I carried it to them. When I set it before them, Abu Hurayra said, 'Allah is greater' and added, 'Praise be to Allah who has filled us with bread after our food had previously been only water and dates,' as the people did not touch any of the food.

When they left, he said, 'O son of my brother, be good to your sheep and wipe the mucus from them and clean their pen. Pray in their quarter for they are among the animals of the Garden. By He in Whose Hand my self is, a time is about to come upon people when a small group of sheep will be more beloved to their owner than the house of Marwan . ' "

From his father, from his grandfather, that he went with the Messenger of Allah (saws) to the Musalla, and he saw the people doing business so he said: 'O people of trade!' and they replied to the Messenger of Allah (saws) turning their necks and their gazes towards him, and he said: Indeed the merchants will be resurrected on the Day of judgement with the wicked, except the one who has Taqwa of Allah, who behaves charitably and is truthful.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And they also say Isma'il bin 'Ubaidullah bin Rifa'ah.

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces ...

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "A woman in ihram should not comb her hair when she leaves ihram until she has cut some of the tresses of her hair, and if she has an animal for sacrifice with her she should not cut off any of her hair until the animal has been killed."

`Abdullah bin Az-Zubair said that a group of riders belonging to Banu Tamim came to the Prophet, Abu Bakr said (to the Prophet ), "Appoint Al-Qa'qa bin Mabad bin Zurara as (their) ruler." `Umar said (to the Prophet). "No! But appoint Al-Aqra bin H`Abis." Thereupon Abu Bakr said (to `Umar). "You just wanted to oppose me." `Umar replied. "I did not want to oppose you." So both of them argued so much that their voices became louder, and then the following Divine Verses were revealed in that connection:-- "O you who believe ! Do not be forward in the presence of Allah and His Apostle..." (till the end of Verse)...(49.1)

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