Yazid al-Farisi said: I heard Ibn Abbas say: I asked Uthman ibn Affan: What moved you to put the (Surah) al-Bara'ah which belongs to the mi'in (surahs) (containing one hundred verses) and the (Surah) al-Anfal which belongs to the mathani (Surahs) in the category of as-sab'u at-tiwal (the first long surah or chapters of the Qur'an), and you did not write "In the name of Allah, the Compassionate, the Merciful" between them?

Uthman replied: When the verses of the Qur'an were revealed to the Prophet (saws), he called someone to write them down for him and said to him: Put this verse in the surah in which such and such has been mentioned; and when one or two verses were revealed, he used to say similarly (regarding them). (Surah) al-Anfal is the first surah that was revealed at Medina, and (Surah) al-Bara'ah was revealed last in the Qur'an, and its contents were similar to those of al-Anfal. I, therefore, thought that it was a part of al-Anfal. Hence I put them in the category of as-sab'u at-tiwal (the seven lengthy surahs), and I did not write "In the name of Allah, the Compassionate, the Merciful" between them.

When Allah gave victory to His Apostle over the people of Mecca, Allah's Apostle stood up among the people and after glorifying Allah, said, "Allah has prohibited fighting in Mecca and has given authority to His Apostle and the believers over it, so fighting was illegal for anyone before me, and was made legal for me for a part of a day, and it will not be legal for anyone after me. Its game should not be chased, its thorny bushes should not be uprooted, and picking up its fallen things is not allowed except for one who makes public announcement for it, and he whose relative is murdered has the option either to accept a compensation for it or to retaliate." Al-`Abbas said, "Except Al-Idhkhir, for we use it in our graves and houses." Allah's Apostle said, "Except Al-Idhkhir." Abu Shah, a Yemenite, stood up and said, "O Allah's Apostle! Get it written for me." Allah's Apostle said, "Write it for Abu Shah." (The sub-narrator asked Al-Auza'i): What did he mean by saying, "Get it written, O Allah's Apostle?" He replied, "The speech which he had heard from Allah's Apostle ."

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon `Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. `Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas`ud came to the Prophet and `Abdur Rahman intended to talk, but the Prophet said (to him), "Let the eldest of you speak." as `Abdur-Rahman was the youngest:. `Abdur-Rahman kept silent and the other two spoke. The Prophet said, "If you swear as to who has committed the murder, you will have the right to take your right from the murderer." They said, "How should we swear if we did not witness the murder or see the murderer?" The Prophet said, "Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder)." The!y said, "How should we believe in the oaths of infidels?" So, the Prophet himself paid the blood money (of `Abdullah). (See Hadith No. 36 Vol. 9.)

`Ali demanded the hand of the daughter of Abu Jahl. Fatima heard of this and went to Allah's Apostle saying, "Your people think that you do not become angry for the sake of your daughters as `Ali is now going to marry the daughter of Abu Jahl. "On that Allah's Apostle got up and after his recitation of Tashah-hud. I heard him saying, "Then after! I married one of my daughters to Abu Al-`As bin Al- Rabi` (the husband of Zainab, the daughter of the Prophet ) before Islam and he proved truthful in whatever he said to me. No doubt, Fatima is a part of me, I hate to see her being troubled. By Allah, the daughter of Allah's Apostle and the daughter of Allah's Enemy cannot be the wives of one man." So `Ali gave up that engagement. 'Al-Miswar further said: I heard the Prophet talking and he mentioned a son-in-law of his belonging to the tribe of Bani `Abd-Shams. He highly praised him concerning that relationship and said (whenever) he spoke to me, he spoke the truth, and whenever he promised me, he fulfilled his promise."

Abu Dawud said: Musaddad said: I asked ‘Abd Allah b. Dawud whether they (the companions) disliked to make it a habit. He replied: it (the tradition) goes in a similar way and I found it in a similar way in this book of mine.

While a man was delivering a speech in the tribe of Kinda, he said, "Smoke will prevail on the Day of Resurrection and will deprive the hypocrites their faculties of hearing and seeing. The believers will be afflicted with something like cold only thereof." That news scared us, so I went to (Abdullah) Ibn Mas`ud while he was reclining (and told him the story) whereupon he became angry, sat up and said, "He who knows a thing can say, it, but if he does not know, he should say, 'Allah knows best,' for it is an aspect of knowledge to say, 'I do not know,' if you do not know a certain thing. Allah said to His prophet. 'Say (O Muhammad): No wage do I ask of you for this (Qur'an), nor I am one of the pretenders (a person who pretends things which do not exist.)' (38.86) The Qur'aish delayed in embracing Islam for a period, so the Prophet invoked evil on them, saying, 'O Allah! Help me against them by sending seven years of (famine) like those of Joseph.' So they were afflicted with such a severe year of famine that they were destroyed therein and ate dead animals and bones. They started seeing something like smoke between the sky and the earth (because of severe hunger). Abu Sufyan then came (to the Prophet) and said, "O Muhammad! You came to order us for to keep good relations with Kith and kin, and your kinsmen have now perished, so please invoke Allah (to relieve them).' Then Ibn Mas`ud recited:-- 'Then watch you for the day that the sky will bring forth a kind of smoke plainly visible....but truly you will return! (to disbelief) (44.10-15) Ibn Mas`ud added, Then the punishment was stopped, but truly, they reverted to heathenism (their old way). So Allah (threatened them thus): 'On the day when we shall seize you with a mighty grasp.' (44.16) And that was the day of the Battle of Badr. Allah's saying- "Lizama" (the punishment) refers to the day of Badr Allah's Statement: Alif-Lam-Mim, the Romans have been defeated, and they, after their defeat, will be victorious,' (30.1- 3) (This verse): Indicates that the defeat of Byzantine has already passed.

Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."

Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."

Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."

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

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

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

Mujja'ah went to the Prophet (saws) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed.

The Prophet (saws) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (saws) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam.

He then asked AbuBakr for them later on, and brought to him the document of the Prophet (saws). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates.

The text of the document written by the Prophet (saws) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."

An ally of Bani Zuhra who took part in the battle of Badr with the Prophet, that he said, "O Allah's Apostle! If I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, 'I have surrendered to Allah (i.e. embraced Islam),' may I kill him after he has said so?" Allah's Apostle said, "Do not kill him." Al- Miqdad said, "But O Allah's Apostle! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?" The Prophet said. "Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence." The Prophet also said to Al-Miqdad, "If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Mecca before."

Zainab, the wife of `Abdullah said, "I was in the Mosque and saw the Prophet (p.b.u.h) saying, 'O women ! Give alms even from your ornaments.' " Zainab used to provide for `Abdullah and those orphans who were under her protection. So she said to `Abdullah, "Will you ask Allah's Apostle whether it will be sufficient for me to spend part of the Zakat on you and the orphans who are under my protection?" He replied "Will you yourself ask Allah's Apostle ?" (Zainab added): So I went to the Prophet and I saw there an Ansari woman who was standing at the door (of the Prophet ) with a similar problem as mine. Bilal passed by us and we asked him, 'Ask the Prophet whether it is permissible for me to spend (the Zakat) on my husband and the orphans under my protection.' And we requested Bilal not to inform the Prophet about us. So Bilal went inside and asked the Prophet regarding our problem. The Prophet (p.b.u.h) asked, "Who are those two?" Bilal replied that she was Zainab. The Prophet said, "Which Zainab?" Bilal said, "The wife of `Abdullah (bin Mas`ud)." The Prophet said, "Yes, (it is sufficient for her) and she will receive a double rewards (for that): One for helping relatives, and the other for giving Zakat."

The Prophet (saws) said to a man: Would you like me to marry you to so-and-so?

He said: Yes. He also said to the woman: Would you like me to marry you to so-and-so?

She said: Yes. He then married one to the other. The man had sexual intercourse with her, but he did not fix any dower for her, nor did he give anything to her. He was one of those who participated in the expedition to al-Hudaybiyyah. One part of the expedition to al-Hudaybiyyah had a share in Khaybar.

When he was nearing his death, he said: The Messenger of Allah (saws) married me to so-and-so, and I did not fix a dower for her, nor did I give anything to her. I call upon you as witness that I have given my share in Khaybar as her dower. So she took the share and sold it for one lakh (of dirhams).

Abu Dawud said: The version of 'Umar b. al-Khattab added in the beginning of this tradition, and his version is more perfect. He reported the Messenger of Allah (saws) as saying: The best marriage is the one that is most easy. The Messenger of Allah (saws) said to the man. The narrator then transmitted the rest of the tradition to the same effect.

Abu Dawud said: I am afraid this tradition has been added later on, for the matter is otherwise.

The Messenger of Allah (saws) announced to go on expedition for Tabuk. I went to my family and then proceeded (on journey). The vanguard of the Companions of the Messenger of Allah (saws) had already proceeded. So I began to announce loudly in Medina: Is there anyone who takes a man on his ride, and he will get his share (from the booty? An old man from the Ansar (Helpers) spoke loudly: We shall have his share if we take him with us on our mount by turns, and he will have his meal with us. I said: Yes. He said: So go on journey with Allah's blessing. I then proceeded along with my best companion and Allah gave us booty. Some she-camels were given to me as my share of booty. I drove them till I reached him. He came out and sat on the rear part of the saddle of his camel. He then said: Drive them backward. He again said: Drive them forward. He then said: I find your she-camels very gentle. He said: This is your booty which I stipulated for you. He replied: Take your she-camels, my nephew; we did not intend (to get) your portion.

Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, "There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that, he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him, he would have still done the same for him, and had he refused that to him, he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad, it is permitted and there is no harm in it. If a condition comes into it, or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession, or the investor is only doing it because the agent has taken his capital and will not return it to him, that is not permitted in qirad and it is part of what the people of knowledge forbid.' "

Yahya related to me from Malik from Abu Hazim ibn Dinar that Abu Idris al-Khawlani said, "I entered the Damascus mosque and there was a young man with a beautiful mouth and white teeth sitting with some people. When they disagreed about something, they referred it to him and proceeded from his statement. I inquired about him, and it was said, 'This is Muadh ibn Jabal.' The next day I went to the noon-prayer, and I found that he had preceded me to the noon prayer and I found him praying."

Abu Idris continued, "I waited for him until he had finished the prayer. Then I came to him from in front of him and greeted him and said, 'By Allah! I love you for Allah!' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' He said, 'By Allah?' I said, 'By Allah.' "

He continued, "He took me by the upper part of my cloak and pulled me to him and said, 'Rejoice! I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Allah, the Blessed and Exalted, said, 'My love is obliged for those who love each other in Me, and those who sit with each other in Me, and those who visit each other in Me, and those who give to each other generously in Me.' " ' "

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

While I was with Aisha, the mother of the Believers, a person from Iraq came and asked, "What type of shroud is the best?" `Aisha said, "May Allah be merciful to you! What does it matter?" He said, "O mother of the Believers! Show me (the copy of) your Qur'an," She said, "Why?" He said, "In order to compile and arrange the Qur'an according to it, for people recite it with its Suras not in proper order." `Aisha said, "What does it matter which part of it you read first? (Be informed) that the first thing that was revealed thereof was a Sura from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: 'Do not drink alcoholic drinks.' people would have said, 'We will never leave alcoholic drinks,' and if there had been revealed, 'Do not commit illegal sexual intercourse, 'they would have said, 'We will never give up illegal sexual intercourse.' While I was a young girl of playing age, the following Verse was revealed in Mecca to Muhammad: 'Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.' (54.46) Sura Al-Baqara (The Cow) and Surat An-Nisa (The Women) were revealed while I was with him." Then `Aisha took out the copy of the Qur'an for the man and dictated to him the Verses of the Suras (in their proper order) .

The Prophet established a bond of brotherhood between Salman and Abu Darda'. Salman paid a visit to Abu ad-Darda and found Um Ad-Darda' dressed in shabby clothes and asked her why she was in that state.?" She replied, "Your brother, Abu Ad-Darda is not interested in the luxuries of this world." In the meantime Abu Ad-Darda came and prepared a meal for him (Salman), and said to him, "(Please) eat for I am fasting." Salman said, "I am not going to eat, unless you eat." So Abu Ad-Darda' ate. When it was night, Abu Ad-Darda' got up (for the night prayer). Salman said (to him), "Sleep," and he slept. Again Abu- Ad-Darda' got up (for the prayer), and Salman said (to him), "Sleep." When it was the last part of the night, Salman said to him, "Get up now (for the prayer)." So both of them offered their prayers and Salman said to Abu Ad-Darda',"Your Lord has a right on you; and your soul has a right on you; and your family has a right on you; so you should give the rights of all those who have a right on you). Later on Abu Ad-Darda' visited the Prophet and mentioned that to him. The Prophet, said, "Salman has spoken the truth."

Ibn `Abbas said, "The Prophet slept till he snored and then prayed (or probably lay till his breath sounds were heard and then got up and prayed)." Ibn `Abbas added: "I stayed overnight in the house of my aunt, Maimuna, the Prophet slept for a part of the night, (See Fath-al-Bari page 249, Vol. 1), and late in the night, he got up and performed ablution from a hanging water skin, a light (perfect) ablution and stood up for the prayer. I, too, performed a similar ablution, then I went and stood on his left. He drew me to his right and prayed as much as Allah wished, and again lay and slept till his breath sounds were heard. Later on the Mu'adh-dhin (call maker for the prayer) came to him and informed him that it was time for Prayer. The Prophet went with him for the prayer without performing a new ablution." (Sufyan said to `Amr that some people said, "The eyes of Allah's Apostle sleep but his heart does not sleep." `Amr replied, "I heard `Ubaid bin `Umar saying that the dreams of Prophets were Divine Inspiration, and then he recited the verse: 'I (Abraham) see in a dream, (O my son) that I offer you in sacrifice (to Allah)." (37.102) (See Hadith No. 183)

There was a black slave girl belonging to an 'Arab tribe and they manumitted her but she remained with them. The slave girl said, "Once one of their girls (of that tribe) came out wearing a red leather scarf decorated with precious stones. It fell from her or she placed it somewhere. A kite passed by that place, saw it Lying there and mistaking it for a piece of meat, flew away with it. Those people searched for it but they did not find it. So they accused me of stealing it and started searching me and even searched my private parts." The slave girl further said, "By Allah! while I was standing (in that state) with those people, the same kite passed by them and dropped the red scarf and it fell amongst them. I told them, 'This is what you accused me of and I was innocent and now this is it.' " `Aisha added: That slave girl came to Allah's Apostle and embraced Islam. She had a tent or a small room with a low roof in the mosque. Whenever she called on me, she had a talk with me and whenever she sat with me, she would recite the following: "The day of the scarf (band) was one of the wonders of our Lord, verily He rescued me from the disbelievers' town. `Aisha added: "Once I asked her, 'What is the matter with you? Whenever you sit with me, you always recite these poetic verses.' On that she told me the whole story. "

We got the news of the migration of the Prophet while we were in Yemen, so we set out migrating to him. We were, I and my two brothers, I being the youngest, and one of my brothers was Abu Burda and the other was Abu Ruhm. We were over fifty (or fifty-three or fifty two) men from our people. We got on board a ship which took us to An-Najashi in Ethiopia, and there we found Ja`far bin Abu Talib and his companions with An-Najaishi. Ja`far said (to us), "Allah's Apostle has sent us here and ordered us to stay here, so you too, stay with us." We stayed with him till we all left (Ethiopia) and met the Prophet at the time when he had conquered Khaibar. He gave us a share from its booty (or gave us from its booty). He gave only to those who had taken part in the Ghazwa with him. but he did not give any share to any person who had not participated in Khaibar's conquest except the people of our ship, besides Ja`far and his companions, whom he gave a share as he did them (i.e. the people of the ship).

When `Abdur-Rahman bin `Auf came to us, Allah's Apostle made a bond of fraternity between him and Sa`d bin Ar-Rabi` who was a rich man, Sa`d said, "The Ansar know that I am the richest of all of them, so I will divide my property into two parts between me and you, and I have two wives; see which of the two you like so that I may divorce her and you can marry her after she becomes lawful to you by her passing the prescribed period (i.e. 'Idda) of divorce. `Abdur Rahman said, "May Allah bless you your family (i.e. wives) for you." (But `Abdur-Rahman went to the market) and did not return on that day except with some gain of dried yogurt and butter. He went on trading just a few days till he came to Allah's Apostle bearing the traces of yellow scent over his clothes. Allah's Apostle asked him, "What is this scent?" He replied, "I have married a woman from the Ansar." Allah's Apostle asked, "How much Mahr have you given?" He said, "A date-stone weight of gold or a golden date-stone." The Prophet said, "Arrange a marriage banquet even with a sheep."

`Abdullah bin `Umar said to me, "Do you know what my father said to your father once?" I said, "No." He said, "My father said to your father, 'O Abu Musa, will it please you that we will be rewarded for our conversion to Islam with Allah's Apostle and our migration with him, and our Jihad with him and all our good deeds which we did, with him, and that all the deeds we did after his death will be disregarded whether good or bad?' Your father (i.e. Abu Musa) said, 'No, by Allah, we took part in Jihad after Allah's Apostle , prayed and did plenty of good deeds, and many people have embraced Islam at our hands, and no doubt, we expect rewards from Allah for these good deeds.' On that my father (i.e. `Umar) said, 'As for myself, By Him in Whose Hand `Umar's soul is, I wish that the deeds done by us at the time of the Prophet remain rewardable while whatsoever we did after the death of the Prophet be enough to save us from Punishment in that the good deeds compensate for the bad ones.' " On that I said (to Ibn `Umar), "By Allah, your father was better than my father!"

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

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

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

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

Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'

"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

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

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

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

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

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

Malik said, "Women have no dhihar."

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

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

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

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

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

that he was a boy of ten at the time when the Prophet emigrated to Medina. He added: I served Allah's Apostle for ten years (the last part of his life time) and I know more than the people about the occasion whereupon the order of Al-Hijab was revealed (to the Prophet). Ubai b n Ka`b used to ask me about it. It was revealed (for the first time) during the marriage of Allah's Apostle with Zainab bint Jahsh. In the morning, the Prophet was a bride-groom of her and he Invited the people, who took their meals and went away, but a group of them remained with Allah's Apostle and they prolonged their stay. Allah's Apostle got up and went out, and I too, went out along with him till he came to the lintel of `Aisha's dwelling place. Allah's Apostle thought that those people had left by then, so he returned, and I too, returned with him till he entered upon Zainab and found that they were still sitting there and had not yet gone. The Prophet went out again, and so did I with him till he reached the lintel of `Aisha's dwelling place, and then he thought that those people must have left by then, so he returned, and so did I with him, and found those people had gone. At that time the Divine Verse of Al-Hijab was revealed, and the Prophet set a screen between me and him (his family).

Yahya related to me from Malik that he had heard that once in the time of Uthman ibn Affan the new moon had been seen in the afternoon and Uthman did not break his fast until evening had come and the sun had set.

Yahya said that he had heard Malik say that some one who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan. He added, "Some one who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the reliability of someone among them who breaks the fast. Such people should say, when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming ."

Yahya said that he heard Malik say, "If people are fasting on the day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty- first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the id prayer if they hear the news after the sun has begun to decline."

One day while the Prophet was sitting in the company of some people, (The angel) Gabriel came and asked, "What is faith?" Allah's Apostle replied, 'Faith is to believe in Allah, His angels, (the) meeting with Him, His Apostles, and to believe in Resurrection." Then he further asked, "What is Islam?" Allah's Apostle replied, "To worship Allah Alone and none else, to offer prayers perfectly to pay the compulsory charity (Zakat) and to observe fasts during the month of Ramadan." Then he further asked, "What is Ihsan (perfection)?" Allah's Apostle replied, "To worship Allah as if you see Him, and if you cannot achieve this state of devotion then you must consider that He is looking at you." Then he further asked, "When will the Hour be established?" Allah's Apostle replied, "The answerer has no better knowledge than the questioner. But I will inform you about its portents.

1. When a slave (lady) gives birth to her master.

2. When the shepherds of black camels start boasting and competing with others in the construction of higher buildings. And the Hour is one of five things which nobody knows except Allah.

The Prophet then recited: "Verily, with Allah (Alone) is the knowledge of the Hour--." (31. 34) Then that man (Gabriel) left and the Prophet asked his companions to call him back, but they could not see him. Then the Prophet said, "That was Gabriel who came to teach the people their religion." Abu 'Abdullah said: He (the Prophet) considered all that as a part of faith.

Hafsa said, 'We used to forbid our young women to go out for the two `Id prayers. A woman came and stayed at the palace of Bani Khalaf and she narrated about her sister whose husband took part in twelve holy battles along with the Prophet and her sister was with her husband in six (out of these twelve). She (the woman's sister) said, "We used to treat the wounded, look after the patients and once I asked the Prophet, 'Is there any harm for any of us to stay at home if she doesn't have a veil?' He said, 'She should cover herself with the veil of her companion and should participate in the good deeds and in the religious gathering of the Muslims.' When Um `Atiya came I asked her whether she had heard it from the Prophet. She replied, "Yes. May my father be sacrificed for him (the Prophet)! (Whenever she mentioned the Prophet she used to say, 'May my father be sacrificed for him) I have heard the Prophet saying, 'The unmarried young virgins and the mature girl who stay often screened or the young unmarried virgins who often stay screened and the menstruating women should come out and participate in the good deeds as well as the religious gathering of the faithful believers but the menstruating women should keep away from the Musalla (praying place).' " Hafsa asked Um `Atiya surprisingly, "Do you say the menstruating women?" She replied, "Doesn't a menstruating woman attend `Arafat (Hajj) and such and such (other deeds)?"

The Prophet made a bond of brotherhood between Salman and Abu Ad-Darda.' Salman paid a visit to Abu Ad-Darda' and found Um Ad-Darda' dressed in shabby clothes and asked her why she was in that state. She replied, "Your brother Abu Ad-Darda' is not interested in (the luxuries of) this world." In the meantime Abu Ad-Darda' came and prepared a meal for Salman. Salman requested Abu Ad- Darda' to eat (with him), but Abu Ad-Darda' said, "I am fasting." Salman said, "I am not going to eat unless you eat." So, Abu Ad-Darda' ate (with Salman). When it was night and (a part of the night passed), Abu Ad-Darda' got up (to offer the night prayer), but Salman told him to sleep and Abu Ad- Darda' slept. After sometime Abu Ad-Darda' again got up but Salman told him to sleep. When it was the last hours of the night, Salman told him to get up then, and both of them offered the prayer. Salman told Abu Ad-Darda', "Your Lord has a right on you, your soul has a right on you, and your family has a right on you; so you should give the rights of all those who has a right on you." Abu Ad- Darda' came to the Prophet and narrated the whole story. The Prophet said, "Salman has spoken the truth."

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

When Allah's Apostle arrived at Medina, he alighted at the upper part of Medina among the people called Bani `Amr bin `Auf and he stayed with them for fourteen nights. Then he sent for the chiefs of Bani An-Najjar, and they came, carrying their swords. As if I am just now looking at Allah's Apostle on his she-camel with Abu Bakr riding behind him (on the same camel) and the chiefs of Bani An- Najjar around him till he dismounted in the courtyard of Abu Aiyub's home. The Prophet used to offer the prayer wherever the prayer was due, and he would pray even in sheepfolds. Then he ordered that the mosque be built. He sent for the chiefs of Banu An-Najjar, and when they came, he said, "O Banu An-Najjar! Suggest to me the price of this garden of yours." They replied "No! By Allah, we do not demand its price except from Allah." In that garden there were the (following) things that I will tell you: Graves of pagans, unleveled land with holes and pits etc., and date-palm trees. Allah's Apostle ordered that the graves of the pagans be dug up and, the unleveled land be leveled and the date-palm trees be cut down. The trunks of the trees were arranged so as to form the wall facing the Qibla. The Stone pillars were built at the sides of its gate. The companions of the Prophet were carrying the stones and reciting some lyrics, and Allah's Apostle . . was with them and they were saying, "O Allah! There is no good Excel the good of the Hereafter, so bestow victory on the Ansar and the Emigrants. "

Abu Dawud said: This tradition has been narrated by Ibn al-Mubarak from Fulaih who heard ‘Abbas . Sahl narrating it; but I do not remember it. I think he made the mention of ‘Isa b. ‘Abd Allah who heard ‘Abbas b. Sahl saying: I accompanied Abu Humaid al-Sa’idi.

Abu Dawud said: It has been narrated by Ibn 'Umar and Anas b. Malik that she should take bath at the time of the Zuhr prayer (being valid) until the next Zuhr prayer. This tradition has also been transmuted by Dawud and 'Asim from al-Sha'bi from his wife from Qumair on the authority of 'Aishah, except that the version of Dawud has the words: "every day," and the version of 'Asim has the words: "at the time of Zuhr prayer". This is the view of Salim b. 'Abd Allah, al-Hassan, and 'Ata.

Abu Dawud said: Malik said: I think that the tradition narrated by Ibn a;-Musayyab must contain the words: "from one purification to another". But it was misunderstood and the people changed it to: "for one Zuhr prayer to another".

It has also been reported by Miswar b. 'Abd al-Malik b. Sa'id b. 'Abd al-Rahman b. Yarbu', saying: "from one purification to another," but the people changed it to: "from one zuhr to another."

We came upon the Messenger of Allah (saws) in a deputation of Thaqif. The signatories of the pact came to al-Mughirah ibn Shu'bah as his guests. The Messenger of Allah (saws) made Banu-Malik stay in a tent of his.

Musaddad's version says: He was in the deputation of Thaqif which came to the Messenger of Allah (saws). He used to visit and have a talk with us every day after the night prayer.

The version of AbuSa'id says: He remained standing for such a long time (talking to us) that he put his weight sometimes on one leg and sometimes on the other due to his long stay. He mostly told us how his people, the Quraysh, behaved with him.

He would say: We were not equal; we were weak and degraded at Mecca (according to Musaddad's version). When we came over to Medina the fighting began between us; sometimes we overcome them and at other times they overcome us. One night he came late and did not come at the time he used to come.

We asked him: You came late tonight? He said: I could not recite the fixed part of the Qur'an that I used to recite every day. I disliked to come till I had completed it.

Aws said: I asked the companions of the Messenger of Allah (saws): How do you divide the Qur'an for daily recitation? They said: Three surahs, five surahs, eleven surahs, thirteen surahs' mufassal surahs.

Abu Dawud said: The version of Abu Sa'id is complete.

Sahl ibn AbuUmamah said that he and his father (AbuUmamah) visited Anas ibn Malik at Medina during the time (rule) of Umar ibn AbdulAziz when he (Anas ibn Malik) was the governor of Medina. He was praying a very short prayer as if it were the prayer of a traveller or near it.

When he gave a greeting, my father said: May Allah have mercy on you! Tell me about this prayer: Is it obligatory or supererogatory?

He said: It is obligatory; it is the prayer performed by the Messenger of Allah (saws). I did not make a mistake except in one thing that I forgot.

He said: The Messenger of Allah (saws) used to say: Do not impose austerities on yourselves so that austerities will be imposed on you, for people have imposed austerities on themselves and Allah imposed austerities on them. Their survivors are to be found in cells and monasteries. (Then he quoted:) "Monasticism, they invented it; we did not prescribe it for them."

Next day he went out in the morning and said: will you not go out for a ride, so that you may see something and take a lesson from it?

He said: Yes. Then all of them rode away and reached a land whose inhabitants had perished, passed away and died. The roofs of the town had fallen in.

He asked: Do you know this land? I said: Who acquainted me with it and its inhabitants? (Anas said:) This is the land of the people whom oppression and envy destroyed. Envy extinguishes the light of good deeds, and oppression confirms or falsifies it. The eye commits fornication, and the palm of the hand, the foot, body, tongue and private part of the body confirm it or deny it.

Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."

Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."

Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."

Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked about a man who bought goods for 10 dinars cash or fifteen dinars on credit. He disapproved of that and forbade it.

Malik said that if a man bought goods from a man for either 10 dinars or 15 dinars on credit, that one of the two prices was obliged on the buyer. It was not to be done because if he postponed paying the ten, it would be 15 on credit, and if he paid the ten, he would buy with it what was worth fifteen dinars on credit.

Malik said that it was disapproved of for a man to buy goods from someone for either a dinar cash or for a described sheep on credit and that one of the two prices was obliged on him. It was not to be done because the Messenger of Allah, may Allah bless him and grant him peace, forbade two sales in one sale. This was part of two sales in the one sale.

Malik spoke about a man saying to another, "'I will either buy these fifteen sa of ajwa dates from you, or these ten sa of sayhani dates or I will buy these fifteen sa of inferior wheat or these ten sa of Syrian wheat for a dinar, and one of them is obliged to me.' Malik said that it was disapproved of and was not halal. That was because he obliged him ten sa of sayhani, and left them and took fifteen sa of ajwa, or he was obliged fifteen sa of inferior wheat and left them and took ten sa of Syrian wheat. This was also disapproved of, and was not halal. It resembled what was prohibited in the way of two sales in one sale. It was also included under the prohibition against buying two for one of the same sort of food."

Hafsa bint Seereen said, "On Id we used to forbid our girls to go out for `Id prayer. A lady came and stayed at the palace of Bani Khalaf and I went to her. She said, 'The husband of my sister took part in twelve holy battles along with the Prophet and my sister was with her husband in six of them. My sister said that they used to nurse the sick and treat the wounded. Once she asked, 'O Allah's Apostle! If a woman has no veil, is there any harm if she does not come out (on `Id day)?' The Prophet said, 'Her companion should let her share her veil with her, and the women should participate in the good deeds and in the religious gatherings of the believers.' " Hafsa added, "When Um-`Atiya came, I went to her and asked her, 'Did you hear anything about so-and-so?' Um-`Atiya said, 'Yes, let my father be sacrificed for the Prophet (p.b.u.h). (And whenever she mentioned the name of the Prophet she always used to say, 'Let my father be' sacrificed for him). He said, 'Virgin mature girls staying often screened (or said, 'Mature girls and virgins staying often screened--Aiyub is not sure as which was right) and menstruating women should come out (on the `Id day). But the menstruating women should keep away from the Musalla. And all the women should participate in the good deeds and in the religious gatherings of the believers'." Hafsa said, "On that I said to Um-`Atiya, 'Also those who are menstruating?' " Um-`Atiya replied, "Yes. Do they not present themselves at `Arafat and elsewhere?".

I was accompanying the Prophet on a journey and was riding a slow camel that was lagging behind the others. The Prophet passed by me and asked, "Who is this?" I replied, "Jabir bin `Abdullah." He asked, "What is the matter, (why are you late)?" I replied, "I am riding a slow camel." He asked, "Do you have a stick?" I replied in the affirmative. He said, "Give it to me." When I gave it to him, he beat the camel and rebuked it. Then that camel surpassed the others thenceforth. The Prophet said, "Sell it to me." I replied, "It is (a gift) for you, O Allah's Apostle." He said, "Sell it to me. I have bought it for four Dinars (gold pieces) and you can keep on riding it till Medina." When we approached Medina, I started going (towards my house). The Prophet said, "Where are you going?" I Sa`d, "I have married a widow." He said, "Why have you not married a virgin to fondle with each other?" I said, "My father died and left daughters, so I decided to marry a widow (an experienced woman) (to look after them)." He said, "Well done." When we reached Medina, Allah's Apostle said, "O Bilal, pay him (the price of the camel) and give him extra money." Bilal gave me four Dinars and one Qirat extra. (A sub-narrator said): Jabir added, "The extra Qirat of Allah's Apostle never parted from me." The Qirat was always in Jabir bin `Abdullah's purse.

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.

Abu Dawud said: In this tradition which is transmitted by al-Zuhri from 'Urwah and 'Urwah on the authority of 'Aishah, al-Awza'i added: She ('Aishah) said: Umm Habibah daughter of Jahsh and wife of 'Abd al-Rahman b. 'Awf had a prolonged flow of blood for seven years. The Prophet (saws) commander her saying: When the menstruation begins, abandon prayer; when it is finished, take a bath and pray.

Abu Dawud said: None of the disciple of al-Zuhri mentioned these words except al-Awza'i, from al-Zuhri it has been narrated by 'Amr b. al-Harith, al-Laith, Yunus, Ibn Abi Dhi'b, Ma'mar, Ibrahim b. Sa'd, Sulaiman b. Kathir, Ibn Ishaq and Sufyan b. 'Uyainah, they did not narrate these words.

Abu Dawud said: These are the words of the version reported by Hisham b. 'Urwah from this father on the authority of 'Aishah.

Abu Dawud said: In this tradition Ibn 'Uyainah also added the words: He commander her to abandon prayer during her menstrual period. This is a misunderstanding on the part of Ibn 'Uyainah. The version of this tradition narrated by Muhammad b. 'Amr from al-Zuhri has the addition similar to that made by al-Awza'i in his version.

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, Vol. 3 for details)

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.

One night I slept at the house of Maimuna. The Prophet woke up, answered the call of nature, washed his face and hands, and then slept. He got up (late at night), went to a water skin, opened the mouth thereof and performed ablution not using much water, yet he washed all the parts properly and then offered the prayer. I got up and straightened my back in order that the Prophet might not feel that I was watching him, and then I performed the ablution, and when he got up to offer the prayer, I stood on his left. He caught hold of my ear and brought me over to his right side. He offered thirteen rak`at in all and then lay down and slept till he started blowing out his breath as he used to do when he slept. In the meantime Bilal informed the Prophet of the approaching time for the (Fajr) prayer, and the Prophet offered the Fajr (Morning) prayer without performing new ablution. He used to say in his invocation, Allahumma ij`al fi qalbi nuran wa fi basari nuran, wa fi sam`i nuran, wa`an yamini nuran, wa`an yasari nuran, wa fawqi nuran, wa tahti nuran, wa amami nuran, wa khalfi nuran, waj`al li nuran." Kuraib (a sub narrator) said, "I have forgotten seven other words, (which the Prophet mentioned in this invocation). I met a man from the offspring of Al-`Abbas and he narrated those seven things to me, mentioning, '(Let there be light in) my nerves, my flesh, my blood, my hair and my body,' and he also mentioned two other things."

Abu Talha said to Um Sulaim, "I heard the voice of Allah's Apostle rather weak, and I knew that it was because of hunger. Have you anything (to present to the Prophet)?" She said, "Yes." Then she took out a few loaves of barley bread and took a veil of hers and wrapped the bread with a part of it and sent me to Allah's Apostle. I went and found Allah's Apostle sitting in the mosque with some people. I stood up before him. Allah's Apostle said to me, "Has Abu Talha sent you?" I said, ' Yes. Then Allah's Apostle said to those who were with him. "Get up and proceed." I went ahead of them (as their forerunner) and came to Abu Talha and informed him about it. Abu Talha said, "O Um Sulaim! Allah's Apostle has come and we have no food to feed them." Um Sulaim said, "Allah and His Apostle know best." So Abu Talha went out (to receive them) till he met Allah's Apostle. Allah's Apostle came in company with Abu Talha and they entered the house. Allah's Apostle said, "O Um Sulaim! Bring whatever you have." So she brought that (barley) bread and Allah's Apostle ordered that bread to be broken into small pieces, and then Um Sulaim poured over it some butter from a leather butter container, and then Allah's Apostle said what Allah wanted him to say, (i.e. blessing the food). Allah's Apostle then said, "Admit ten men." Abu Talha admitted them and they ate to their fill and went out. He again said, "Admit ten men." He admitted them, and in this way all the people ate to their fill, and they were seventy or eighty men."

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."