There was a disagreement between them (i.e. Ibn `Abbas and Ibn Az-Zubair) so I went to Ibn `Abbas in the morning and said (to him), "Do you want to fight against Ibn Zubair and thus make lawful what Allah has made unlawful (i.e. fighting in Meccas?" Ibn `Abbas said, "Allah forbid! Allah ordained that Ibn Zubair and Bani Umaiya would permit (fighting in Mecca), but by Allah, I will never regard it as permissible." Ibn `Abbas added. "The people asked me to take the oath of allegiance to Ibn AzZubair. I said, 'He is really entitled to assume authority for his father, Az-Zubair was the helper of the Prophet, his (maternal) grandfather, Abu Bakr was (the Prophet's) companion in the cave, his mother, Asma' was 'Dhatun-Nitaq', his aunt, `Aisha was the mother of the Believers, his paternal aunt, Khadija was the wife of the Prophet , and the paternal aunt of the Prophet was his grandmother. He himself is pious and chaste in Islam, well versed in the Knowledge of the Qur'an. By Allah! (Really, I left my relatives, Bani Umaiya for his sake though) they are my close relatives, and if they should be my rulers, they are equally apt to be so and are descended from a noble family.

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

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

One day while Allah's Apostle was sitting with the people, a man came to him walking and said, "O Allah's Apostle. What is Belief?" The Prophet said, "Belief is to believe in Allah, His Angels, His Books, His Apostles, and the meeting with Him, and to believe in the Resurrection." The man asked, "O Allah's Apostle What is Islam?" The Prophet replied, "Islam is to worship Allah and not worship anything besides Him, to offer prayers perfectly, to pay the (compulsory) charity i.e. Zakat and to fast the month of Ramadan." The man again asked, "O Allah's Apostle What is Ihsan (i.e. perfection or Benevolence)?" The Prophet said, "Ihsan is to worship Allah as if you see Him, and if you do not achieve this state of devotion, then (take it for granted that) Allah sees you." The man further asked, "O Allah's Apostle When will the Hour be established?" The Prophet replied, "The one who is asked about it does not know more than the questioner does, but I will describe to you its portents. When the lady slave gives birth to her mistress, that will be of its portents; when the bare-footed naked people become the chiefs of the people, that will be of its portents. The Hour is one of five things which nobody knows except Allah. Verily, the knowledge of the Hour is with Allah (alone). He sends down the rain, and knows that which is in the wombs." (31.34) Then the man left. The Prophet said, "Call him back to me." They went to call him back but could not see him. The Prophet said, "That was Gabriel who came to teach the people their religion." (See Hadith No. 47 Vol 1)

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

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

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

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

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

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

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

32.4 Conditions Permitted in Qirad

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

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

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

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A man came to Ibn Mas`ud and said, "I recited the Mufassal (Suras) at night in one rak`a." Ibn Mas`ud said, "This recitation is (too quick) like the recitation of poetry. I know the identical Suras which the Prophet used to recite in pairs." Ibn Mas`ud then mentioned 20 Mufassal Suras including two Suras from the family of (i.e. those verses which begin with) Ha, Meem [??] (which the Prophet used to recite) in each rak`a.

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

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

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

Allah's Apostle related to us, two prophetic narrations one of which I have seen fulfilled and I am waiting for the fulfillment of the other. The Prophet told us that the virtue of honesty descended in the roots of men's hearts (from Allah) and then they learned it from the Qur'an and then they learned it from the Sunna (the Prophet's traditions). The Prophet further told us how that honesty will be taken away: He said: "Man will go to sleep during which honesty will be taken away from his heart and only its trace will remain in his heart like the trace of a dark spot; then man will go to sleep, during which honesty will decrease further still, so that its trace will resemble the trace of blister as when an ember is dropped on one's foot which would make it swell, and one would see it swollen but there would be nothing inside. People would be carrying out their trade but hardly will there be a trustworthy person. It will be said, 'in such-and-such tribe there is an honest man,' and later it will be said about some man, 'What a wise, polite and strong man he is!' Though he will not have faith equal even to a mustard seed in his heart." No doubt, there came upon me a time when I did not mind dealing (bargaining) with anyone of you, for if he was a Muslim his Islam would compel him to pay me what is due to me, and if he was a Christian, the Muslim official would compel him to pay me what is due to me, but today I do not deal except with such-and-such person.

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

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

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

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

Abu Huraira has narrated this hadith similar to the above mentioned hadith.

We went to `Abdullah in the morning and a man said, "Yesterday I recited all the Mufassal Suras." On that `Abdullah said, "That is very quick, and we have the (Prophet's) recitation, and I remember very well the recitation of those Suras which the Prophet used to recite, and they were eighteen Suras from the Mufassal, and two Suras from the Suras that start with Ha Mim.

This hadith is narrated by Anas with another chain of transmitters, and in the hadith transmitted by Jarir there is no mention of" turning (faces)".

That the Messenger of Allah (saws) said: "The dweller of the town is not to sell for the Bedouin, leave the people ; Allah provides for some of them through others."

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith, and this Hadith of Jabir is a Hasan Sahih Hadith as well.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They dislike the dweller of the town to sell for the Bedouin, while some of them permitted the town dweller to purchase for the Bedouin. Ash-Shafi'i said: "It is disliked for the dweller of the town to sell for the Bedouin, and if he does sell, then the sale is permissible.

This hadith has been narrated on the authority of `Ali b. `Abd al-Rahman with the same chain of transmitters and there is no mention of the word of al-Ribat in the hadith transmitted by Shu`ba and in the hadith narrated by Malik "Ribat" has been mentioned twice. This is the "Ribat" for you, this is the "Ribat" for you.

A hadith like this has been narrated on the authority of Qatada with the same chain of transmitters by different narrators (except this difference) that in the hadith transmitted by Taimi and Umar b. Amir and Hisham (the date of setting out is) 18th, and in the hadith transmitted by Sa'id it is the 12th, and in the one transmitted by Shu'ba it is the 17th or 19th.

"The Messenger of Allah (saws) prohibited that a man should put on sandals while he is standing."

[Abu 'Eisa said:] This Hadith is Gharib. Muhammad bin Isma'il said: "This Hadith is not correct, not the Hadith of Ma'mar from 'Ammar bin Abi 'Ammar, from Abu Hurairah (no.1775)."

This hadith has been narrated by Ibn 'Urwa with the same chain of transmitters. The hadith narrated by Abu Usama is more complete.

A similar hadith has been transmitted by a different chain of narrators, but the hadith narrated by Ibn Juraij is more detailed and complete.