I heard that the people asked the Prophet of Allah (saws): Water is brought for you from the well of Buda'ah. It is a well in which dead dogs, menstrual clothes and excrement of people are thrown. The Messenger of Allah (saws) replied: Verily water is pure and is not defiled by anything.

Abu Dawud said I heard Qutaibah b. Sa'id say: I asked the person in charge of the well of Bud'ah about the depth of the well. He replied: At most the water reaches pubes. Then I asked: Where does it reach when its level goes down ? He replied: Below the private part of the body.

Abu Dawud said: I measured the breadth of the well of Buda'ah with my sheet which I stretched over it. I them measured it with the hand. It measured six cubits in breadth. I then asked the man who opened the door of garden for me and admitted me to it: Has the condition of this well changed from what it had originally been in the past ? He replied: No. I saw the color of water in this well had changed.

Ibn Mansur said: "I said to Ahmad: 'The Prophet (saws) gave the Nafl when he divided the fourth, after the Khumus, and when he was returning (he gave) the third from the Khumus.' So he said: 'The Khumus is taken, and then the Nafl is given from what remains, nothing beyond this.''"

[Abu 'Eisa said:] This Hadith is (understood) as Ibn Musayyab said: "The Nafl is from te Khumus." Ishaq said as he said.

"The Prophet (saws) sent two armies, place 'Ali bin Abi Talib as the commanded of one of them, and Khalid bin Al-Walid over the other. He said: 'Where there is fighting, then 'Ali (is in command).'" He said: "So 'Ali conquered a fortress and took a slave girl. Khalid [bin Al-Walid] wrote a letter and sent me with it to the Prophet (saws), to speak against him for it. So I arrived to the Prophet (saws) to read the letter. The color of his face changed, the he said: 'What do you think about a man who loves Allah and His Messenger, and Allah and His Messenger love him?'" He said: "I said: 'I seek refuge from angering Allah and angering His Messenger, I am only the Messenger.' So he was silent.

[Abu 'Eisa said:] There is something about this from Ibn 'Umar. This Hadith is Hasan Gharib, we do not know of it except from the narration of Al-Ahwas bin Jawwab. And his saying: "To speak against him for that." refers to An-Namimah.

The Prophet came to Khaibar and when Allah made him victorious and he conquered the town by breaking the enemy's defense, the beauty of Safiya bint Huyai bin Akhtab was mentioned to him and her husband had been killed while she was a bride. Allah's Apostle selected her for himself and he set out in her company till he reached Sadd-ar-Rawha' where her menses were over and he married her. Then Hais (a kind of meal) was prepared and served on a small leather sheet (used for serving meals). Allah's Apostle then said to me, "Inform those who are around you (about the wedding banquet)." So that was the marriage banquet given by Allah's Apostle for (his marriage with) Safiya. After that we proceeded to Medina and I saw that Allah's Apostle was covering her with a cloak while she was behind him. Then he would sit beside his camel and let Safiya put her feet on his knees to ride (the camel).

About the story of `Aisha and their narrations were similar attesting each other, when the liars said what they invented about `Aisha, and the Divine Inspiration was delayed, Allah's Apostle sent for `Ali and Usama to consult them in divorcing his wife (i.e. `Aisha). Usama said, "Keep your wife, as we know nothing about her except good." Barirah said, "I cannot accuse her of any defect except that she is still a young girl who sleeps, neglecting her family's dough which the domestic goats come to eat (i.e. she was too simpleminded to deceive her husband)." Allah's Apostle said, "Who can help me to take revenge over the man who has harmed me by defaming the reputation of my family? By Allah, I have not known about my family-anything except good, and they mentioned (i.e. accused) a man about whom I did not know anything except good."

I saw Marwan bin Al-Hakam sitting in the Mosque. So I came forward and sat by his side. He told us that Zaid bin Thabit had told him that Allah's Apostle had dictated to him the Divine Verse: "Not equal are those believers who sit (at home) and those who strive hard and fight in the Cause of Allah with their wealth and lives.' (4.95) Zaid said, "Ibn-Maktum came to the Prophet while he was dictating to me that very Verse. On that Ibn Um Maktum said, "O Allah's Apostle! If I had power, I would surely take part in Jihad." He was a blind man. So Allah sent down revelation to His Apostle while his thigh was on mine and it became so heavy for me that I feared that my thigh would be broken. Then that state of the Prophet was over after Allah revealed "...except those who are disabled (by injury or are blind or lame etc.) (4.95)

A group of eight men from the tribe of 'Ukil came to the Prophet and then they found the climate of Medina unsuitable for them. So, they said, "O Allah's Apostle! Provide us with some milk." Allah's Apostle said, "I recommend that you should join the herd of camels." So they went and drank the urine and the milk of the camels (as a medicine) till they became healthy and fat. Then they killed the shepherd and drove away the camels, and they became unbelievers after whey were Muslims. When the Prophet was informed by a shouter for help, he sent some men in their pursuit, and before the sun rose high, they were brought, and he had their hands and feet cut off. Then he ordered for nails which were heated and passed over their eyes, and whey were left in the Harra (i.e. rocky land in Medina). They asked for water, and nobody provided them with water till they died (Abu Qilaba, a sub-narrator said, "They committed murder and theft and fought against Allah and His Apostle, and spread evil in the land.")

Once Allah's Apostle; offered the morning prayer and then faced the people and said, "While a man was driving a cow, he suddenly rode over it and beat it. The cow said, "We have not been created for this, but we have been created for sloughing." On that the people said astonishingly, "Glorified be Allah! A cow speaks!" The Prophet said, "I believe this, and Abu Bakr and `Umar too, believe it, although neither of them was present there. While a person was amongst his sheep, a wolf attacked and took one of the sheep. The man chased the wolf till he saved it from the wolf, where upon the wolf said, 'You have saved it from me; but who will guard it on the day of the wild beasts when there will be no shepherd to guard them except me (because of riots and afflictions)? ' " The people said surprisingly, "Glorified be Allah! A wolf speaks!" The Prophet said, "But I believe this, and Abu Bakr and `Umar too, believe this, although neither of them was present there." (See the Foot-note of page No. 10 Vol.5)

The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became Allright, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, "Best wishes and Allah's Blessing and a good luck." Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah's Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age.

Abu Musa said, "I was with the Prophet when he was encamping at Al-Jarana (a place) between Mecca and Medina and Bilal was with him. A bedouin came to the Prophet and said, "Won't you fulfill what you have promised me?" The Prophet said, 'Rejoice (at what I will do for you).' The bedouin said, "(You have said to me) rejoice too often." Then the Prophet turned to me (i.e. Abu Musa) and Bilal in an angry mood and said, 'The bedouin has refused the good tidings, so you both accept them.' Bilal and I said, 'We accept them.' Then the Prophet asked for a drinking bowl containing water and washed his hands and face in it, and then took a mouthful of water and threw it therein saying (to us), "Drink (some of) it and pour (some) over your faces and chests and be happy at the good tidings." So they both took the drinking bowl and did as instructed. Um Salama called from behind a screen, "Keep something (of the water for your mother." So they left some of it for her.

`Ali bin Abu Talib came out of the house of Allah's Apostle during his fatal illness. The people asked, "O Abu Hasan (i.e. `Ali)! How is the health of Allah's Apostle this morning?" `Ali replied, "He has recovered with the Grace of Allah." `Abbas bin `Abdul Muttalib held him by the hand and said to him, "In three days you, by Allah, will be ruled (by somebody else ), And by Allah, I feel that Allah's Apostle will die from this ailment of his, for I know how the faces of the offspring of `Abdul Muttalib look at the time of their death. So let us go to Allah's Apostle and ask him who will take over the Caliphate. If it is given to us we will know as to it, and if it is given to somebody else, we will inform him so that he may tell the new ruler to take care of us." `Ali said, "By Allah, if we asked Allah's Apostle for it (i.e. the Caliphate) and he denied it us, the people will never give it to us after that. And by Allah, I will not ask Allah's Apostle for it."

We accompanied the Messenger of Allah (saws) at Usfan, and Khalid ibn al-Walid was the chief of unbelievers. We offered the noon prayer.

Thereupon, the unbelievers said: We suffered from negligence; we became careless. We should have attacked them while they were praying. Thereupon the verse was revealed, relating to the shortening of the prayer (in time of danger) between the noon and afternoon (prayer).

When the time of the afternoon prayer came, the Messenger of Allah (saws) stood facing the qiblah, and the unbelievers were standing in front of him. The people stood in a row behind the Messenger of Allah (saws) and there was another row behind this row. The Messenger of Allah (saws) bowed and all of them bowed. He then prostrated and also the row near him prostrated. The other people in the second row remained standing and stood guard over them. When they performed two prostrations and stood up, those who were behind them prostrated. The people in the front row near him then stepped backward taking the place of the people in the second row and the second row took the place of the first row.

The Messenger of Allah (saws) then bowed and all of them bowed together. Then he and the row near him prostrated themselves. The other people in the second row remained standing and stood guard over them. When the Messenger of Allah (saws) and the row near him (i.e. the front row) were seated, the people in the second row behind them prostrated themselves. Then all of them were seated. (He (the Prophet) then uttered the salutation upon all of them. He prayed in his manner at Usfan as well as at the territory of Banu Sulaym.

Abu Dawud said: This tradition has been narrated by Ayyub and Hisham from Abu al-Zubair on the authority of Jabir to the same effect from the Prophet (saws). Similarly, this has been transmitted by Dawud b. Husain from 'Ikrimah, on the authority of Ibn 'Abbas. This has also been reported by 'Abd al-Malik, from 'Ata' from Jabir in like manner. This has also been narrated by Qatadah from al-Hasan from Hittan on the authority of Abu Musa in a similar way. Similarly, this has been reported by 'Ikrimah b. Khalid from Mujahid from the Prophet (saws). This has also been reported by Hisham b. 'Urwah from his father from the Prophet (saws). This is the opinion of al-Thawri.

We were digging (the trench) on the day of (Al-Khandaq ( i.e. Trench )) and we came across a big solid rock. We went to the Prophet and said, "Here is a rock appearing across the trench." He said, "I am coming down." Then he got up, and a stone was tied to his belly for we had not eaten anything for three days. So the Prophet took the spade and struck the big solid rock and it became like sand. I said, "O Allah's Apostle! Allow me to go home." (When the Prophet allowed me) I said to my wife, "I saw the Prophet in a state that I cannot treat lightly. Have you got something (for him to eat?" She replied, "I have barley and a she goat." So I slaughtered the she-kid and she ground the barley; then we put the meat in the earthenware cooking pot. Then I came to the Prophet when the dough had become soft and fermented and (the meat in) the pot over the stone trivet had nearly been well-cooked, and said, "I have got a little food prepared, so get up O Allah's Apostle, you and one or two men along with you (for the food)." The Prophet asked, "How much is that food?" I told him about it. He said, "It is abundant and good. Tell your wife not to remove the earthenware pot from the fire and not to take out any bread from the oven till I reach there." Then he said (to all his companions), "Get up." So the Muhajirn (i.e. Emigrants) and the Ansar got up. When I came to my wife, I said, "Allah's Mercy be upon you! The Prophet came along with the Muhajirin and the Ansar and those who were present with them." She said, "Did the Prophet ask you (how much food you had)?" I replied, "Yes." Then the Prophet said, "Enter and do not throng." The Prophet started cutting the bread (into pieces) and put the cooked meat over it. He covered the earthenware pot and the oven whenever he took something out of them. He would give the food to his companions and take the meat out of the pot. He went on cutting the bread and scooping the meat (for his companions) till they all ate their fill, and even then, some food remained. Then the Prophet said (to my wife), "Eat and present to others as the people are struck with hunger."

I said to `Aisha, "O Mother! Did Prophet Muhammad see his Lord?" Aisha said, "What you have said makes my hair stand on end ! Know that if somebody tells you one of the following three things, he is a liar: Whoever tells you that Muhammad saw his Lord, is a liar." Then Aisha recited the Verse: 'No vision can grasp Him, but His grasp is over all vision. He is the Most Courteous Well-Acquainted with all things.' (6.103) 'It is not fitting for a human being that Allah should speak to him except by inspiration or from behind a veil.' (42.51) `Aisha further said, "And whoever tells you that the Prophet knows what is going to happen tomorrow, is a liar." She then recited: 'No soul can know what it will earn tomorrow.' (31.34) She added: "And whoever tell you that he concealed (some of Allah's orders), is a liar." Then she recited: 'O Apostle! Proclaim (the Message) which has been sent down to you from your Lord..' (5.67) `Aisha added. "But the Prophet saw Gabriel in his true form twice."

A man came to Allah's Apostle and said, "O Allah's Apostle! I am suffering from fatigue and hunger." The Prophet sent (somebody) to his wives (to get something), but the messenger found nothing with them. Then Allah's Apostle said (to his companions). "Isn't there anybody who can entertain this man tonight so that Allah may be merciful to him?" An Ansari man got up and said, "I (will, entertain him), O Allah's Apostle!" So he went to his wife and said to her, "This is the guest of Allah's Apostle, so do not keep anything away from him." She said. "By Allah, I have nothing but the children's food." He said, "When the children ask for their dinner, put them to bed and put out the light; we shall not take our meals tonight," She did so. In the morning the Ansari man went to Allah's Apostle who said, "Allah was pleased with (or He bestowed His Mercy) on so-and-so and his wife (because of their good deed)." Then Allah revealed: 'But give them preference over themselves even though they were in need of that.' (59.9)

Al-Miswar bin Makhrama came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present and marking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptor loses his right of preemption."

Malik said, "There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night."

Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting."

"There is, however, a distinction between the marriage of someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different."

"This is the sunna as it has come down to us regarding marriage for those who are muhrim, doing itikaf, or fasting.

Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

"A man came to the Prophet while he was at Ji'rana. The man was wearing a cloak which had traces of Khaluq or Sufra (a kind of perfume). The man asked (the Prophet ), 'What do you order me to perform in my `Umra?' So, Allah inspired the Prophet divinely and he was screened by a place of cloth. I wished to see the Prophet being divinely inspired. `Umar said to me, 'Come! Will you be pleased to look at the Prophet while Allah is inspiring him?' I replied in the affirmative. `Umar lifted one corner of the cloth and I looked at the Prophet who was snoring. (The sub-narrator thought that he said: The snoring was like that of a camel). When that state was over, the Prophet asked, "Where is the questioner who asked about `Umra? Put off your cloak and wash away the traces of Khaluq from your body and clean the Sufra (yellow color) and perform in your Umra what you perform in your Hajj (i.e. the Tawaf round the Ka`ba and the Sa`i between Safa and Marwa). "

Ikrimah reported on the authority of Ibn Abbas, saying: I think the Messenger of Allah (saws) said: When one of you prays without a sutrah, a dog, an ass, a pig, a Jew, a Magian, and a woman cut off his prayer, but it will suffice if they pass in front of him at a distance of over a stone's throw.

Abu Dawud said: There is something about this tradition in my heart. I used to discuss it with Ibrahim and others. I did not find anyone who narrated it from Hisham and knew it. I did not know anyone who reported it from Hisham and knew it. I did not know anyone who related it from Hisham. I think the confusion is on the part of Ibn Abi Saminah that is, Muhammad b. Isma'il al-Basri, the freed slave of Banu Hisham. In this tradition the mention of words "a Magian" is rejected; the mention of the words "at a stone's throw" and "a pig" is rejected.

Abu Dawud said: I did not hear this tradition except from Muhammad b. Isma'il b. Samurrah and I think he was mistaken because he used to narrate to us from his memory.

A man came to the Prophet. The Prophet sent a messenger to his wives (to bring something for that man to eat) but they said that they had nothing except water. Then Allah's Apostle said, "Who will take this (person) or entertain him as a guest?" An Ansar man said, "I." So he took him to his wife and said to her, "Entertain generously the guest of Allah's Apostle " She said, "We have got nothing except the meals of my children." He said, "Prepare your meal, light your lamp and let your children sleep if they ask for supper." So she prepared her meal, lighted her lamp and made her children sleep, and then stood up pretending to mend her lamp, but she put it off. Then both of them pretended to be eating, but they really went to bed hungry. In the morning the Ansari went to Allah's Apostle who said, "Tonight Allah laughed or wondered at your action." Then Allah revealed: "But give them (emigrants) preference over themselves even though they were in need of that And whosoever is saved from the covetousness Such are they who will be successful." (59.9)

A black lady slave of some of the 'Arabs embraced Islam and she had a hut in the mosque. She used to visit us and talk to us, and when she finished her talk, she used to say: "The day of the scarf was one of our Lord's wonders: Verily! He has delivered me from the land of Kufr." When she said the above verse many times, I (i.e. `Aisha) asked her, "What was the day of the scarf?" She replied, "Once the daughter of some of my masters went out and she was wearing a leather scarf (round her neck) and the leather scarf fell from her and a kite descended and picked it up, mistaking it for a piece of meat. They (i.e. my masters) accused me of stealing it and they tortured me to such an extent that they even looked for it in my private parts. So, while they all were around me, and I was in my great distress, suddenly the kite came over our heads and threw the scarf, and they took it. I said to them 'This is what you accused me of stealing, though I was innocent."

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates.

"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."

Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."

A thief was brought to the Prophet (saws). He said: Kill him. The people said: He has committed theft, Messenger of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Messenger of Allah! Then he said: Cut off his foot.

So his (left) foot was cut off.

He was brought a third time and he said: Kill him.

The people said: He has committed theft, Messenger of Allah!

So he said: Cut off his hand. (So his (left) hand was cut off.)

He was brought a fourth time and he said: Kill him.

The people said: He has committed theft, Messenger of Allah!

So he said: Cut off his foot. So his (right) foot was cut off.

He was brought a fifth time and he said: Kill him.

So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.

Malik related to me from Ibn Shihab that Abu Umama ibn Sahl ibn Hunayf said, ''Amir ibn Rabia saw Sahl ibn Hunayf doing a ghusl and said, 'I have not seen the like of what I see today, not even the skin of a maiden who has never been out of doors.' Sahl fell to the ground. The Messenger of Allah, may Allah bless him and grant him peace, was approached and it was said, 'Messenger of Allah, can you do anything about Sahl ibn Hunayf? By Allah, he can not raise his head.' He said, 'Do you suspect anyone of it?' They said, 'We suspect Amir ibn Rabia.' "

He continued, "The Messenger of Allah, may Allah bless him and grant him peace, summoned Amir and was furious with him and said, 'Why does one of you kill his brother? Why did you not say, "May Allah bless you?" Do ghusl for it.' Amir washed his face, hands, elbows, knees, the end of his feet, and inside his lower garment in a vessel. Then he poured it over him, and Sahl went off with the people, and there was nothing wrong with him."

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 Prophet said, "When Allah decrees some order in the heaven, the angels flutter their wings indicating complete surrender to His saying which sounds like chains being dragged on rock. And when the state of fear disappears, they ask each other, "What has your Lord ordered? They say that He has said that which is true and just, and He is the Most High, the Most Great." (34.23). Then the stealthy listeners (devils) hear this order, and these stealthy listeners are like this, one over the other." (Sufyan, a sub-narrator demonstrated that by holding his hand upright and separating the fingers.) A stealthy listener hears a word which he will convey to that which is below him and the second will convey it to that which is below him till the last of them will convey it to the wizard or foreteller. Sometimes a flame (fire) may strike the devil before he can convey it, and sometimes he may convey it before the flame (fire) strikes him, whereupon the wizard adds to that word a hundred lies. The people will then say, 'Didn't he (i.e. magician) tell such-and-such a thing on such-and-such date?' So that magician is said to have told the truth because of the Statement which has been heard from the heavens."

It (i.e., the imagined smoke) was because, when the Quraish refused to obey the Prophet, he asked Allah to afflict them with years of famine similar to those of (Prophet) Joseph. So they were stricken with famine and fatigue, so much so that they ate even bones. A man would look towards the sky and imagine seeing something like smoke between him and the sky because of extreme fatigue. So Allah revealed:-- 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people; this is a painfull of torment.' (44.10-11) Then someone (Abu Sufyan) came to Allah's Apostle and said, "O Allah's Apostle! Invoke Allah to send rain for the tribes of Mudar for they are on the verge of destruction." On that the Prophet said (astonishingly) "Shall I invoke Allah) for the tribes of Mudar? Verily, you are a brave man!" But the Prophet prayed for rain and it rained for them. Then the Verse was revealed. 'But truly you will return (to disbelief).' (44.15) (When the famine was over and) they restored prosperity and welfare, they reverted to their ways (of heathenism) whereupon Allah revealed: 'On the Day when We shall seize you with a Mighty Grasp. We will indeed (then) exact retribution.' (44.16) The narrator said, "That was the day of the Battle of Badr."

The Prophet led us in the Zuhr prayer, offering only two rak`at and then (finished it) with Taslim, and went to a piece of wood in front of the mosque and put his hand over it. Abu Bakr and `Umar were also present among the people on that day but dared not talk to him (about his unfinished prayer). And the hasty people went away, wondering. "Has the prayer been shortened" Among the people there was a man whom the Prophet used to call Dhul-Yadain (the longarmed). He said, "O Allah's Prophet! Have you forgotten or has the prayer been shortened?" The Prophet said, "Neither have I forgotten, nor has it been shortened." They (the people) said, "Surely, you have forgotten, O Allah's Apostle!" The Prophet said, Dhul-Yadain has told the truth." So the Prophet got up and offered other two rak`at and finished his prayer with Taslim. Then he said Takbir, performed a prostration of ordinary duration or longer, then he raised his head and said Takbir and performed another prostration of ordinary duration or longer and then raised his head and said Takbir (i.e. he performed the two prostrations of Sahu, i.e., forgetfulness).

That he and Abu Talha were coming in the company of the Prophet (towards Medina), while Safiya (the Prophet's wife) was riding behind him on his she-camel. After they had covered a portion of the way suddenly the foot of the she-camel slipped and both the Prophet and the woman (i.e., his wife, Safiya) fell down. Abu Talha jumped quickly off his camel and came to the Prophet (saying.) "O Allah's Apostle! Let Allah sacrifice me for you! Have you received any injury?" The Prophet said, "No, but take care of the woman (my wife)." Abu Talha covered his face with his garment and went towards her and threw his garment over her. Then the woman got up and Abu Talha prepared their she-camel (by tightening its saddle, etc.) and both of them (the Prophet and Safiya) mounted it. Then all of them proceeded and when they approached near Medina, or saw Medina, the Prophet said, "Ayibun, taibun, `abidun, liRabbina hamidun (We are coming back (to Medina) with repentance, worshiping (our Lord) and celebrating His (our Lord's) praises". The Prophet continued repeating these words till he entered the city of Medina.

Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided."

Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family."

Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing."

The Prophet offered one of the evening prayers (the sub-narrator Muhammad said, "I think that it was most probably the `Asr prayer") and he finished it after offering two rak`at only. He then stood near a price of wood in front of the Mosque and put his hand over it. Abu Bakr and `Umar were amongst those who were present, but they dared not talk to him about that (because of excessive respect for him), and those who were in a hurry went out. They said, "Has the prayer been reduced?" A man who was called Dhul-Yadain by the Prophet said (to the Prophet), "Has the prayer been reduced or have you forgotten?" He said, "Neither have I forgotten, nor has the prayer been reduced." He said, "Certainly you have forgotten." So the Prophet offered two more rak`at and performed Taslim and then said Takbir and performed a prostration of Sahu like his ordinary prostration or a bit longer and then raised his head and said Takbir and then put his head down and performed a prostration like his ordinary prostration or a bit longer, and then raised his head and said Takbir.

`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.

Ya`la used to say, "I wish I could see Allah's Apostle at the time when he is being inspired divinely." Ya`la added "While the Prophet was at Al-Ja'rana, shaded with a cloth sheet (in the form of a tent) and there were staying with him, some of his companions under it, suddenly there came to him a bedouin wearing a cloak and perfumed extravagantly. He said, "O Allah's Apostle ! What is your opinion regarding a man who assumes the state of Ihram for `Umra wearing a cloak after applying perfume to his body?" `Umar signalled with his hand to Ya`la to come (near). Ya`la came and put his head (underneath that cloth sheet) and saw the Prophet red-faced and when that state (of the Prophet ) was over, he said, "Where is he who as already asked me about the `Umra?" The man was looked for and brought to the Prophet The Prophet said (to him), "As for the perfume you have applied to your body, wash it off your body) thrice, and take off your cloak, and then do in your `Umra the rites you do in your Hajj."

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

Ya`la used to say, "I wish I could see Allah's Apostle at the time he is being inspired Divinely." When the Prophet was at Al-Ja'rana and was shaded by a garment hanging over him and some of his companions were with him, a man perfumed with scent came and said, "O Allah's Apostle! What is your opinion regarding a man who assumes Ihram and puts on a cloak after perfuming his body with scent?" The Prophet waited for a while, and then the Divine Inspiration descended upon him. `Umar pointed out to Ya`la, telling him to come. Ya`la came and pushed his head (underneath the screen which was covering the Prophet ) and behold! The Prophet's face was red and he kept on breathing heavily for a while and then he was relieved. Thereupon he said, "Where is the questioner who asked me about `Umra a while ago?" The man was sought and then was brought before the Prophet who said (to him), "As regards the scent which you perfumed your body with, you must wash it off thrice, and as for your cloak, you must take it off; and then perform in your `Umra all those things which you perform in Hajj."

`Umar bin Al-Khattab asked permission of Allah's Apostle to see him while some Quraishi women were sitting with him and they were asking him to give them more financial support while raising their voices over the voice of the Prophet. When `Umar asked permission to enter, all of them hurried to screen themselves the Prophet admitted `Umar and he entered, while the Prophet was smiling. `Umar said, "May Allah always keep you smiling, O Allah's Apostle! Let my father and mother be sacrificed for you !" The Prophet said, "I am astonished at these women who were with me. As soon as they heard your voice, they hastened to screen themselves." `Umar said, "You have more right, that they should be afraid of you, O Allah's Apostle!" And then he (`Umar) turned towards them and said, "O enemies of your souls! You are afraid of me and not of Allah's Apostle?" The women replied, "Yes, for you are sterner and harsher than Allah's Apostle." Allah's Apostle said, "O Ibn Al-Khattab! By Him in Whose Hands my life is, whenever Satan sees you taking a way, he follows a way other than yours!"

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from his father that he had asked Abu Hurayra, "How do you pray over the dead?" and Abu Hurayra replied, "By the Life of Allah, I will tell you! I follow with the family and when the corpse is put down I say 'Allah is greater' and praise Allah and ask for blessings on His Prophet. Then I say, 'O Allah, he is Your slave and the son of Your male slave and Your female slave. He used to testify that there is no god but You and that Muhammad is Your slave and Your Messenger, and You know that best. O Allah, if he acted well, then increase for him his good action, and if he acted wrongly, then overlook his wrong actions. O Allah, do not deprive us of his reward, and do not try us after him.'"

Allahumma inna huwa abduka wa'bnu abdika wa'bnu amatika. Kana yash-hadu an la ilaha illa ant wa anna Muhammadan abduka wa rasooluka, wa anta alamu bihi. Allahumma in kana muhsinan zid fi ihsanihi, wa in kana musiyan fa tajawaz an sayatihi. Allahumma la tahrimna ajrahu wa lataftina badahu.