About the story of Haml ibn Malik, Ibn Abbas said: She aborted a child who had grown hair and was dead, and the woman also died. He (the Prophet) gave judgment that the blood-wit was to be paid by the woman's relatives on the father's side. Her uncle said: Messenger of Allah! She has aborted a child who had grown hair. The father of the woman who had slain said: He is a liar: I swear by Allah, he did not raise his voice, or drink or eat. No compensation is to be paid for an offence like this. The Prophet (saws) said: is it a rhymed prose of pre-Islamic Arabia and its soothsaying? Pay a male or female slave of the best quality in compensation for the child.

Ibn 'Abbas said: The name of one of them was Mulaikah, and the name of the other was Umm Ghutaif.

A version of the tradition transmitted on the authority of 'Urwa b. al-ja'd does not mention" reward and booty".

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Uthman ibn Affan said, "If someone gives something to his small child who is not old enough to look after it himself, and in order that his gift might be permitted he makes the gift public and has it witnessed, the gift is permitted, even if the father keeps charge of it."

Malik said, "What is done in our community is that if a man gives his small child some gold or silver and then dies and he has it in his own keeping, the child has none of it unless the father set it aside in coin or placed it with a man to keep for the son. If he does that, it is permitted for the son."

The Prophet said, "Seven (people) will be shaded by Allah by His Shade on the Day of Resurrection when there will be no shade except His Shade. (They will be), a just ruler, a young man who has been brought up in the worship of Allah, a man who remembers Allah in seclusion and his eyes are then flooded with tears, a man whose heart is attached to mosques (offers his compulsory congregational prayers in the mosque), two men who love each other for Allah's Sake, a man who is called by a charming lady of noble birth to commit illegal sexual intercourse with her, and he says, 'I am afraid of Allah,' and (finally), a man who gives in charity so secretly that his left hand does not know what his right hand has given."

Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said, "He should not take any of it unless the investor is present. If he takes something from it, he is responsible for it until it is accounted for in the division of the capital."

Malik said, "It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present, and the investor is given the principal in full. Then they divide the profit into their agreed portions."

Malik spoke about a man taking qirad money, and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor, and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said, "None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them."

Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set aside and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said, "It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions."

Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said, "This is your portion of the profit, and I have taken the like of it for myself, and I have retained your principal in full." Malik said, "I do not like that, unless all the capital is present, the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes, or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it, and so may want it not to be removed from him and to keep it in his hand."

Malik related to me from al-Walid ibn Abdullah ibn Sayyad that al-Muttalib ibn Abdullah ibn Hantab al-Makhzumi informed him that a man asked the Messenger of Allah, may Allah bless him and grant him peace, "What is backbiting?" The Messenger of Allah, may Allah bless him and grant him peace, said, "It is to mention about a man what he does not want to hear." He said, "Messenger of Allah! Even if it is true?" The Messenger of Allah, may Allah bless him and grant him peace, said, "If you utter something false, then it is slander."

Yahya related to me from Malik from Yazid ibn Ziyad that Muhammad ibn Kab al-Quradhi said, ''Muawiya ibn Abi Sufyan said from the mimbar, 'O people! Nothing keeps away what Allah gives and nothing gives what Allah keeps away. The earnestness of the earnest one does not profit him. When Allah desires good for him, he gives him understanding in the deen.' Then Muawiya said, 'I heard these words from the Messenger of Allah, may Allah bless him and grant him peace, on these blocks of wood.' "

Abu Sufyan narrated to me personally, saying, "I set out during the Truce that had been concluded between me and Allah's Apostle. While I was in Sham, a letter sent by the Prophet was brought to Heraclius. Dihya Al-Kalbi had brought and given it to the governor of Busra, and the latter forwarded it to Heraclius. Heraclius said, 'Is there anyone from the people of this man who claims to be a prophet?' The people replied, 'Yes.' So I along with some of Quraishi men were called and we entered upon Heraclius, and we were seated in front of him. Then he said, 'Who amongst you is the nearest relative to the man who claims to be a prophet?' So they made me sit in front of him and made my companions sit behind me. Then he called upon his translator and said (to him). 'Tell them ( i.e. Abu Sufyan's companions) that I am going to ask him (i.e. Abu Sufyan) regarding that man who claims to be a prophet. So, if he tell me a lie, they should contradict him (instantly).' By Allah, had I not been afraid that my companions would consider me a liar, I would have told lies. Heraclius then said to his translator, 'Ask him: What is his (i.e. the Prophet's) family status amongst you? I said, 'He belongs to a noble family amongst us." Heraclius said, 'Was any of his ancestors a king?' I said, 'No.' He said, 'Did you ever accuse him of telling lies before his saying what he has said?' I said, 'No.' He said, 'Do the nobles follow him or the poor people?' I said, 'It is the poor who followed him.' He said, 'Is the number of his follower increasing or decreasing?' I said, 'The are increasing.' He said, 'Does anyone renounce his religion (i.e. Islam) after embracing it, being displeased with it?' I said, 'No.' He said, 'Did you fight with him?' I replied, 'Yes.' He said, 'How was your fighting with him?' I said, 'The fighting between us was undecided and victory was shared by him and us by turns. He inflicts casualties upon us and we inflict casualties upon him.' He said, 'Did he ever betray?' I said, 'No, but now we are away from him in this truce and we do not know what he will do in it" Abu Sufyan added, "By Allah, I was not able to insert in my speech a word (against him) except that. Heraclius said, 'Did anybody else (amongst you) ever claimed the same (i.e. Islam) before him? I said, 'No.' Then Heraclius told his translator to tell me (i.e. Abu Sufyan), 'I asked you about his family status amongst you, and you told me that he comes from a noble family amongst you Verily, all Apostles come from the noblest family among their people. Then I asked you whether any of his ancestors was a king, and you denied that. Thereupon I thought that had one of his fore-fathers been a king, I would have said that he (i.e. Muhammad) was seeking to rule the kingdom of his fore-fathers. Then I asked you regarding his followers, whether they were the noble or the poor among the people, and you said that they were only the poor (who follow him). In fact, such are the followers of the Apostles. Then I asked you whether you have ever accused him of telling lies before saying what he said, and your reply was in the negative. Therefore, I took for granted that a man who did not tell a lie about others, could ever tell a lie about Allah. Then I asked you whether anyone of his followers had renounced his religion (i.e. Islam) after embracing it, being displeased with it, and you denied that. And such is Faith when it mixes with the cheerfulness of the hearts. Then I asked you whether his followers were increasing or decreasing. You claimed that they were increasing. That is the way of true faith till it is complete. Then I asked you whether you had ever fought with him, and you claimed that you had fought with him and the battle between you and him was undecided and the victory was shared by you and him in turns; he inflicted casual ties upon you and you inflicted casualties upon them. Such is the case with the Apostles; they are out to test and the final victory is for them. Then I asked you whether he had ever betrayed; you claimed that he had never betrayed. I need, Apostles never betray. Then I asked you whether anyone had said this statement before him; and you denied that. Thereupon I thought if somebody had said that statement before him, then I would have said that he was but a man copying some sayings said before him." Abu Safyan said, "Heraclius then asked me, 'What does he order you to do?' I said, 'He orders us (to offer) prayers and (to pay) Zakat and to keep good relationship with the Kith and kin and to be chaste.' Then Heraclius said, 'If whatever you have said, is true, he is really a prophet, and I knew that he ( i.e. the Prophet ) was going to appear, but I never thought that he would be from amongst you. If I were certain that I can reach him, I would like to meet him and if I were with him, I would wash his feet; and his kingdom will expand (surely to what is under my feet.' Then Heraclius asked for the letter of Allah's Apostle and read it wherein was written: "In the Name of Allah, the Most Beneficent, the Most Merciful. This letter is) from Muhammad, Apostle of Allah, to Heraclius, the sovereign of Byzantine........ Peace be upon him who follows the Right Path. Now then, I call you to embrace Islam. Embrace Islam and you will be saved (from Allah's Punishment); embrace Islam, and Allah will give you a double reward, but if you reject this, you will be responsible for the sins of the tillers (i.e. the people of your kingdom) and (Allah's Statement):--"O the people of the Scripture (Jews and Christians)! Come to a word common to you and us that we worship None but Allah....bear witness that we are Muslims.' (3.64) When he finished reading the letter, voices grew louder near him and there was a great hue and cry, and we were ordered to go out." Abu Sufyan added, "While coming out, I said to my companions, 'The situation of Ibn Abu Kabsha (i.e. Muhammad) has become strong; even the king of Banu Al14 Asfar is afraid of him.' So I continued to believe that Allah's Apostle would be victorious, till Allah made me embrace Islam." Az-Zuhri said, "Heraclius then invited all the chiefs of the Byzantines and had them assembled in his house and said, 'O group of Byzantines! Do you wish to have a permanent success and guidance and that your kingdom should remain with you?' (Immediately after hearing that), they rushed towards the gate like onagers, but they found them closed. Heraclius then said, 'Bring them back to me.' So he called them and said, 'I just wanted to test the strength of your adherence to your religion. Now I have observed of you that which I like.' Then the people fell in prostration before him and became pleased with him." (See Hadith No. 6,Vol 1)

The Messenger of Allah (saws) commissioned me as a collector of zakat. I visited a man. When he had collected his property of camels, I found that a she-camel in her second year was due from him.

I said to him: Pay a she-camel in her second year, for she is to be paid as sadaqah (zakat) by you.

He said: That one is not worthy of milking and riding. Here is another she-camel which is young, grand and fat. So take it.

I said to him: I shall not take an animal for which I have not been commanded. The Messenger of Allah (saws) is here near to you. If you like, go to him, and present to him what you presented to me. Do that; if he accepts it from you, I shall accept it; if he rejects it, I shall reject it.

He said: I shall do it. He accompanied me and took with him the she-camel which he had presented to me. We came to the Messenger of Allah (saws). He said to him: Prophet of Allah, your messenger came to me to collect zakat on my property. By Allah, neither the Messenger of Allah nor his messenger has ever seen my property before. I gathered my property (camels), and he estimated that a she-camel in her second year would be payable by me. But that has neither milk nor is it worth riding. So I presented to him a grand young she-camel for acceptance as zakat. But he has refused to take her. Look, she is here; I have brought her to you, Messenger of Allah. Take her.

The Messenger of Allah (saws) said: That is what is due from you. If you give voluntarily a better (animal) Allah will give a reward to you for it. We accept her from you.

She is here, Messenger of Allah; I have brought her to you. So take her. The Messenger of Allah (saws) then ordered me to take possession of it, and he prayed for a blessing on his property.

The Prophet (saws) sent a detachment. I gave a sword to a man from among them. When he came back, he said: Would that you saw us how the Messenger of Allah (saws) rebuked us, saying: When I sent out a man who does not fulfil my command, are you unable to appoint in his place one who will fulfil my command.

AbdulAziz ibn Rufay' narrated on the authority of some people from the descendants of Abdullah ibn Safwan who reported the Messenger of Allah (saws) as saying: Have you weapons, Safwan? He asked: On loan or by force? He replied: No, but on loan. So he lent him coats of mail numbering between thirty and forty! The Messenger of Allah (saws) fought the battle of Hunayn. When the polytheists were defeated, the coats of mail of Safwan were collected. Some of them were lost. The Messenger of Allah (saws) said to Safwan: We have lost some coats of mail from your coats of mail. Should we pay compensation to you? He replied: No. Messenger of Allah, for I have in my heart today what I did not have that day.

Abu Dawud said: He lent him before embracing Islam. Then he embraced Islam.

"I would sell camels at Al-Baqi', so I would sell them for Dinar but take in place of them Dirham, and, I would sell for silver and take Dinar in its place. So I went to the Messenger of Allah (saws) and found him leaving the house of Hafsah. I asked him about that and he said: 'There is no harm in that when it (equals) the price.'"

[Abu 'Eisa said:] We do not know of this Hadith being Marfu' except from the narration of Simak bin Harb from Sa'eed bin Jubair, from Ibn 'Umar.

Dawud bin Abi Hind narrated this Hadith from Abu Sa'eed bin Jubair, from Ibn 'Umar in Mawquf form.

This is acted upon according to some of the people of knowledge. There is no harm in paying for gold with silver and silver with gold. This is the view of Ahmad and Ishaq. Some of the people of knowledge, among the Companions and others, disliked that.

The Prophet (saws) said: A believer who recites the Qur'an is like a citron whose fragrance is sweet and whose taste is sweet, a believer who does not recite the Qur'an is like a date which has no fragrance but has sweet taste, a profligate who recites the Qur'an is like basil whose fragrance is sweet but whose taste is bitter, and the profligate who does not recite the Qur'an is like the colocynth which has a bitter taste and has not fragrance. A good companion is like a man who has musk; if nothing of it goes to you, its fragrance will (certainly) go to you; and a bad companion is like a man who has bellows; if its (black) root does not go to you, its smoke will (certainly) go to you.

Sahl bin Abi Hathma and some great men of his tribe said, `Abdullah bin 'Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that `Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By Allah, you have killed my companion." The Jews said, "By Allah, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and `Abdur-Rahman bin Sahl came (to the Prophet) and he who had been at Khaibar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. Allah's Apostle said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that Allah's Apostle wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah's Apostle said to Huwaiyisa, Muhaiyisa and `Abdur-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So Allah's Apostle gave them one-hundred she-camels as blood money from himself. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg.

Subay' ibn Khalid said: I came to Kufah at the time when Tustar was conquered. I took some mules from it. When I entered the mosque (of Kufah), I found there some people of moderate stature, and among them was a man whom you could recognize when you saw him that he was from the people of Hijaz.

I asked: Who is he? The people frowned at me and said: Do you not recognize him? This is Hudhayfah ibn al-Yaman, the companion of the Messenger of Allah (saws).

Then Hudhayfah said: People used to ask the Messenger of Allah (saws) about good, and I used to ask him about evil. Then the people stared hard at him.

He said: I know the reason why you dislike it. I then asked: Messenger of Allah, will there be evil as there was before, after this good which Allah has bestowed on us?

He replied: Yes. I asked: Wherein does the protection from it lie? He replied: In the sword. I asked: Messenger of Allah, what will then happen?

He replied: If Allah has on Earth a caliph who flays your back and takes your property, obey him, otherwise die holding onto the stump of a tree.

I asked: What will come next? He replied: Then the Antichrist (Dajjal) will come forth accompanied by a river and fire. He who falls into his fire will certainly receive his reward, and have his load taken off him, but he who falls into his river will have his load retained and his reward taken off him.

I then asked: What will come next? He said: The Last Hour will come.

Buraidah reported the Apostle of Allaah(saws) as saying “Respect to be shown by those who stay at home to the women of those who are engaged in jihad is t be like that shown to their mothers. If any man among those who stay at home is entrusted with the oversight of one’s family who is engaged in jihad and betrays him, he will be setup for him on the Day of Resurrection and he (the mujahid) will be told “This (man) was entrusted with the oversight of your family, so take what you want from his good deeds. The Apostle of Allaah(saws) turned towards us and said “So what do you think.”

Abu Dawud said “Qa’nab (a narrator of this tradition) was a pious man. Ibn Abi Laila intended to appoint him a judge, but he refused and said “If I intend to fulfill my need of a dirham, I seek the help of a person for it. He said “Which of us does not seek the help in his need? He said “Bring me out so that I may see. So he was brought out, and he concealed himself. Sufyan said “While he was concealing himself.” Sufyan said “While he was concealing himself the house suddenly fell on him and he died.”

I asked Allah's Apostle about the plague. He said, "That was a means of torture which Allah used to send upon whom-so-ever He wished, but He made it a source of mercy for the believers, for anyone who is residing in a town in which this disease is present, and remains there and does not leave that town, but has patience and hopes for Allah's reward, and knows that nothing will befall him except what Allah has written for him, then he will get such reward as that of a martyr."

A Jew from Hira asked me which one of the two periods Musa (i.e. Prophet Moses) completed. I said, "I don't know, (but wait) till I see the most learned 'Arab and inquire him about it." So, I went to Ibn `Abbas and asked him. He replied, "Moses completed the longer and better period." Ibn `Abbas added, "No doubt, an apostle of Allah always does what he says."

The Prophet (saws) said: Islam does not allow for failure to perform the hajj.

The Prophet (saws) said: He who does not thank the people is not thankful to Allah.

`Umar said, "I agreed with Allah in three things," or said, "My Lord agreed with me in three things. I said, 'O Allah's Apostle! Would that you took the station of Abraham as a place of prayer.' I also said, 'O Allah's Apostle! Good and bad persons visit you! Would that you ordered the Mothers of the believers to cover themselves with veils.' So the Divine Verses of Al-Hijab (i.e. veiling of the women) were revealed. I came to know that the Prophet had blamed some of his wives so I entered upon them and said, 'You should either stop (troubling the Prophet ) or else Allah will give His Apostle better wives than you.' When I came to one of his wives, she said to me, 'O `Umar! Does Allah's Apostle haven't what he could advise his wives with, that you try to advise them?' " Thereupon Allah revealed:-- "It may be, if he divorced you (all) his Lord will give him instead of you, wives better than you Muslims (who submit to Allah).." (66.5)

(the freed slave of `Uthman bin `Affan) I saw `Uthman bin `Affan asking (for a tumbler of water) to perform ablution (and when it was brought) he poured water from it over his hands and washed them thrice and then put his right hand in the water container and rinsed his mouth and washed his nose by putting water in it and then blowing it out. Then he washed his face thrice and (then) forearms up to the elbows thrice, then passed his wet hands over his head and then washed each foot thrice. After that `Uthman said, "I saw the Prophet performing ablution like this of mine, and he said, 'If anyone performs ablution like that of mine and offers a two-rak`at prayer during which he does not think of anything else (not related to the present prayer) then his past sins will be forgiven. '

A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.

Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban and from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade mulamasa and munabadha.

Malik said, "Mulamasa is when a man can feel a garment but is not allowed to unfold it or examine what is in it, or he buys by night and does not know what is in it. Munabadha is that a man throws his garment to another, and the other throws his garment without either of them making any inspection. Each of them says, 'this is for this. 'This is what is forbidden of mulamasa and munabadha."

Malik said that selling bundles with a list of their contents was different from the sale of the cloak concealed in a bag or the cloth folded up and such things. What made it different was that it was a common practice and it was what people were familiar with, and what people had done in the past, and it was still among the permitted transactions and trading of people in which they saw no harm because in the sale of bundles with a list of contents without undoing them, an uncertain transaction was not intended and it did not resemble mulamasa.

The Prophet (saws) said: Three types of people attend Friday prayer; One is present in a frivolous way and that is all he gets from it; another comes with a supplication, Allah may grant or refuse his request as He wishes; another is present silently and quietly with-out stepping over a Muslim or annoying anyone, and that is an atonement for his sins till the next Friday and three days more, the reason being that Allah, the Exalted, says: "He who does a good deed will have ten times as much" (vi.160).

When the delegates of the tribe of Hawazin after embracing Islam, came to Allah's Apostle, he got up. They appealed to him to return their properties and their captives. Allah's Apostle said to them, "The most beloved statement to me is the true one. So, you have the option of restoring your properties or your captives, for I have delayed distributing them." The narrator added, Allah's Apostle c had been waiting for them for more than ten days on his return from Taif. When they realized that Allah's Apostle would return to them only one of two things, they said, "We choose our captives." So, Allah's Apostle got up in the gathering of the Muslims, praised Allah as He deserved, and said, "Then after! These brethren of yours have come to you with repentance and I see it proper to return their captives to them. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first booty which Allah will give us then he can do so." The people replied, "We agree to give up our shares willingly as a favor for Allah's Apostle." Then Allah's Apostle said, "We don't know who amongst you has agreed and who hasn't. Go back and your chiefs may tell us your opinion." So, all of them returned and their chiefs discussed the matter with them and then they (i.e. their chiefs) came to Allah's Apostle to tell him that they (i.e. the people) had given up their shares gladly and willingly.

[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.

[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.

He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"

[Abu 'Eisa said:] Meaning: "approving of this Hadith."

The Prophet (saws) said: Fighting is of two kinds: The one who seeks Allah's favour, obeys the leader, gives the property he values, treats his associates gently and avoids doing mischief, will have the reward for all the time whether he is asleep or awake; but the one who fights in a boasting spirit, for the sake of display and to gain a reputation, who disobeys the leader and does mischief in the earth will not return credit or without blame.

Shurayh ibn Ubayd said: Jubayr ibn Nufayr gave me a verdict about the bath because of sexual defilement that Thawban reported to them that they asked the Prophet (saws) about it. He (the Prophet) replied: As regards man, he should undo the hair of his head and wash it until the water should reach the roots of the hair. But there is no harm if the woman does not undo it (her hair) and pour three handfuls of water over her head.

Hudhaifa bin Al-Yaman came to `Uthman at the time when the people of Sham and the people of Iraq were Waging war to conquer Arminya and Adharbijan. Hudhaifa was afraid of their (the people of Sham and Iraq) differences in the recitation of the Qur'an, so he said to `Uthman, "O chief of the Believers! Save this nation before they differ about the Book (Qur'an) as Jews and the Christians did before." So `Uthman sent a message to Hafsa saying, "Send us the manuscripts of the Qur'an so that we may compile the Qur'anic materials in perfect copies and return the manuscripts to you." Hafsa sent it to `Uthman. `Uthman then ordered Zaid bin Thabit, `Abdullah bin AzZubair, Sa`id bin Al-As and `AbdurRahman bin Harith bin Hisham to rewrite the manuscripts in perfect copies. `Uthman said to the three Quraishi men, "In case you disagree with Zaid bin Thabit on any point in the Qur'an, then write it in the dialect of Quraish, the Qur'an was revealed in their tongue." They did so, and when they had written many copies, `Uthman returned the original manuscripts to Hafsa. `Uthman sent to every Muslim province one copy of what they had copied, and ordered that all the other Qur'anic materials, whether written in fragmentary manuscripts or whole copies, be burnt.

Yahya related to me from Malik from Yahya ibn Said from Abdullah ibn al-Mughira ibn Abi Burda al-Kinani that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, came to the people in their tribes and made dua for them, but left out one of the tribes. Abdullah related, "The tribe found an onyx necklace in the saddle-bags of one of their men. The Messenger of Allah, may Allah bless him and grant him peace, came to them, and then did the takbir over them as one does the takbir over the dead."

AbuMuhammad fancies that witr prayer is essential. (Hearing this) Ubadah ibn as-Samit said: AbuMuhammad was wrong. I bear witness that I heard the Messenger of Allah (saws) say: Allah, the Exalted, has made five prayers obligatory. If anyone performs ablution for them well, offers them at their (right) time, and observes perfectly their bowing and submissiveness in them, it is the guarantee of Allah that He will pardon him; if anyone does not do so, there is no guarantee for him on the part of Allah; He may pardon him if He wills, and punish him if He wills.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Another version of the tradition transmitted on the authority of Asim has the same wording but does not mention the name of Abu Ma'bad.

[Al-Bukhari].

Allah's Apostle wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi whom Allah's Apostle ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Apostle reached Caesar, he said after reading it, 'Seek for me any one of his people! (Arabs of Quraish tribe) if present here, in order to ask him about Allah's Apostle. At that time Abu Sufyan bin Harb was in Sham with some men from Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah's Apostle; and the infidels of Quraish. Abu Sufyan said, Caesar's messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator. 'Ask them who amongst them is a close relation to the man who claims to be a prophet." Abu Sufyan added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately." Abu Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth. He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs to a noble family amongst us.' He said, 'Have anybody else amongst you ever claimed the same before him? 'I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he claimed? ' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are they increasing or decreasing (day by day)?' I replied,' They are increasing.' He said, 'Does anybody amongst those who embrace his (the Prophet's) Religion become displeased and then discard his Religion?'. I replied, 'No. ' He said, 'Does he break his promises? I replied, 'No, but we are now at truce with him and we are afraid that he may betray us." Abu Sufyan added, "Other than the last sentence, I could not say anything against him. Caesar then asked, 'Have you ever had a war with him?' I replied, 'Yes.' He said, 'What was the outcome of your battles with him?' I replied, 'The result was unstable; sometimes he was victorious and sometimes we.' He said, 'What does he order you to do?' I said, 'He tells us to worship Allah alone, and not to worship others along with Him, and to leave all that our fore-fathers used to worship. He orders us to pray, give in charity, be chaste, keep promises and return what is entrusted to us.' When I had said that, Caesar said to his translator, 'Say to him: I ask you about his lineage and your reply was that he belonged to a noble family. In fact, all the apostles came from the noblest lineage of their nations. Then I questioned you whether anybody else amongst you had claimed such a thing, and your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following a claim that had been said before him. When I asked you whether he was ever blamed for telling lies, your reply was in the negative, so I took it for granted that a person who did not tell a lie about (others) the people could never tell a lie about Allah. Then I asked you whether any of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom. When I asked you whether the rich or the poor people followed him, you replied that it was the poor who followed him. In fact, such are the followers of the apostles. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing. In fact, this is the result of true faith till it is complete (in all respects). I asked you whether there was anybody who, after embracing his religion, became displeased and discarded his religion; your reply was in the negative. In fact, this is the sign of true faith, for when its cheerfulness enters and mixes in the hearts completely, nobody will be displeased with it. I asked you whether he had ever broken his promise. You replied in the negative. And such are the apostles; they never break their promises. When I asked you whether you fought with him and he fought with you, you replied that he did, and that sometimes he was victorious and sometimes you. Indeed, such are the apostles; they are put to trials and the final victory is always theirs. Then I asked you what he ordered you. You replied that he ordered you to worship Allah alone and not to worship others along with Him, to leave all that your fore-fathers used to worship, to offer prayers, to speak the truth, to be chaste, to keep promises, and to return what is entrusted to you. These are really the qualities of a prophet who, I knew (from the previous Scriptures) would appear, but I did not know that he would be from amongst you. If what you say should be true, he will very soon occupy the earth under my feet, and if I knew that I would reach him definitely, I would go immediately to meet Him; and were I with him, then I would certainly wash his feet.' " Abu Sufyan added, "Caesar then asked for the letter of Allah's Apostle and it was read. Its contents were: "In the name of Allah, the most Beneficent, the most Merciful (This letter is) from Muhammad, the slave of Allah, and His Apostle, to Heraculius, the Ruler of the Byzantine. Peace be upon the followers of guidance. Now then, I invite you to Islam (i.e. surrender to Allah), embrace Islam and you will be safe; embrace Islam and Allah will bestow on you a double reward. But if you reject this invitation of Islam, you shall be responsible for misguiding the tillers (i.e. your nation). O people of the Scriptures! Come to a word common to you and us and you, that we worship. None but Allah, and that we associate nothing in worship with Him; and that none of us shall take others as Lords besides Allah. Then if they turn away, say: Bear witness that we are (they who have surrendered (unto Him)..(3.64) Abu Sufyan added, "When Heraclius had finished his speech, there was a great hue and cry caused by the Byzantine Royalties surrounding him, and there was so much noise that I did not understand what they said. So, we were turned out of the court. When I went out with my companions and we were alone, I said to them, 'Verily, Ibn Abi Kabsha's (i.e. the Prophet's) affair has gained power. This is the King of Bani Al-Asfar fearing him." Abu Sufyan added, "By Allah, I remained low and was sure that his religion would be victorious till Allah converted me to Islam, though I disliked it."

`Abdur Rahman bin `Auf said, "When we came to Medina as emigrants, Allah's Apostle established a bond of brotherhood between me and Sa`d bin Ar-Rabi`. Sa`d bin Ar-Rabi` said (to me), 'I am the richest among the Ansar, so I will give you half of my wealth and you may look at my two wives and whichever of the two you may choose I will divorce her, and when she has completed the prescribed period (before marriage) you may marry her.' `Abdur-Rahman replied, "I am not in need of all that. Is there any marketplace where trade is practiced?' He replied, "The market of Qainuqa." `Abdur- Rahman went to that market the following day and brought some dried buttermilk (yogurt) and butter, and then he continued going there regularly. Few days later, `Abdur-Rahman came having traces of yellow (scent) on his body. Allah's Apostle asked him whether he had got married. He replied in the affirmative. The Prophet said, 'Whom have you married?' He replied, 'A woman from the Ansar.' Then the Prophet asked, 'How much did you pay her?' He replied, '(I gave her) a gold piece equal in weigh to a date stone (or a date stone of gold)! The Prophet said, 'Give a Walima (wedding banquet) even if with one sheep .' "

Malik said, "The sunna that we are all agreed upon here (in Madina) and which I have heard from the people of knowledge, is that there is no zakat on any kind of fresh (soft) fruit, whether it be pomegranates, peaches, figs or anything that is like them or not like them as long as it is fruit."

He continued, "No zakat has to be paid on animal fodder or herbs and vegetables of any kind, and there is no zakat to pay on the price realised on their sale until a year has elapsed over it from the day of sale which counts as the time the owner receives the sum."

The Prophet (saws) sent Mu`adh to Yemen and said, "Invite the people to testify that none has the right to be worshipped but Allah and I am Allah's Apostle, and if they obey you to do so, then teach them that Allah has enjoined on them five prayers in every day and night (in twenty-four hours), and if they obey you to do so, then teach them that Allah has made it obligatory for them to pay the Zakat from their property and it is to be taken from the wealthy among them and given to the poor."

Abu Dawud said: What is correct is that the tradition reported by Ibn ‘Umar does not go back to the Prophet (may peace beupon him). Abu Dawud said: The narrator Baqiyyah reported the first part of this tradition from ‘Ubaid Allah and traced it back to the Prophet (saws); and the narrator al-Thaqafi reported it from ‘Ubaid Allah as a statement of Ibn ‘Umar himself(not from the Porphet). In this version he said: When he stood at the end of two rak’ahs he raised them up to his breasts. And this is the correct version.

Abu Dawud said: This tradition has been transmitted as a statement of Ibn ‘Umar (and not of the Prophet) by al-Laith b. Sa’d, Malik, Ayyub, and Ibn Juraij; and this has been narrated as a statement of the Prophet (saws) by Hammad b. Salamah alone on the authority of Ayyub. Ayyub and Malik did not mention his raising of hands when he stood after two prostrations, but al-Laith mentioned it in his version. Ibn Juraij said in this version: I asked Nafi’: Did Ibn ‘Umar raise (his hands) higher for the first time? He said: No, I said: Point out to me. He then pointed to the breasts or lower than that.

Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that al-Miqdad ibn al-Aswad once went to see AIi ibn Abi Talibat as-Suqya, where he was feeding some young camels of his with a mash of meal and leaves, and he said to him, "This man Uthman ibn Affan is telling people that they cannot do hajj and umra together."

Al-Miqdad said, "Ali ibn Abi Talib went off with bits of meal and leaves on his forearms - and I shall never forget the sight of the meal and the leaves on his arms - and went to see Uthman ibn Affan and asked him, 'Are you saying then that people cannot do hajj and umra together?' Uthman replied, 'That is my opinion.' Whereupon AIi got angry and went out saying, 'I am at your service, O Allah, I am at your service for a hajj and an umra together.' "

Malik said, "Our position (here in Madina) is that someone who does hajj and umra together should not remove any of his hair, nor should he come out of ihram in any way until he has sacrificed an animal, if he has one. He should come out of ihram at Mina, on the day of the sacrifice."

The Messenger of Allah (saws) used to prostrate and sleep (in prostration) and produce puffing sounds (during sleep). Then he would stand and pray and would not perform ablution. I said to him: you prayed but did not perform ablution though you slept (in prostration). He replied: Ablution is necessary for one who sleeps while he is lying down. Uthman and Hannad added: For when he lies down, his joints are relaxed.

Abu Dawud said: The statement "ablution is necessary for one who sleeps while one is lying down" is a munkar (rejected) tradition. It has been narrated only by Yazid Abu Khalid al-Dalani, on the authority of Qatadah. And its earlier part has been narrated by a group (of narrators) from Ibn 'Abbas; they did not mention anything about it. He (Ibn 'Abbas) said: The Prophet (saws) was protected (during his sleep). 'Aishah reported: The Prophet (saws) said: My eyes sleep, but my heart does not sleep. Shu'bah said: Qatadah heard from Abu'l-'Aliyah only four traditions: the tradition about Jonah son of Matthew, the tradition reported by Ibn 'Umar about prayer, the tradition stating that the judges are three, and the tradition narrated by Ibn 'Abbas saying: (This tradition) has been narrated to me by reliable persons ; 'Umar is one of them, and the most reliable of them in my opinion is 'Umar. Abu Dawud said: I asked Ahmad b. Hanbal about the tradition narrated by Yazid al-Dalani. He rebuked me out of respect for him. Then he said: Yazid al-Dalani does not add anything to what has been narrated by the teachers of Qatadah. He did not care of this tradition (due to its weakness).