That the Messenger of Allah (saws) said: "A man among those before you was called to reckon and nothing good was found with him. Except that he was a wealthy man so he used to mix with the pople and he would tell his servant to be lenient with the insolvent. So Allah, Mighty and Sublime is He, said: 'We are more worthy of that than him, so be lenient with him.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Abu Al-Yasar is Ka'b bin 'Amr.

Abu Huraira reported that Allah's Messenger (may peace be upon him) gave judgment in case of the abortion of a woman of Banu Lihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allah's Messenger (may peace be upon him) gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her).

That the Prophet (saws), "There is no person who dies having good (prepared for him) with Allah, who wishes to return to the world, and to have the world and all it contains, except for the martyr because of what he knows about the virtue of martyrdom. For, indeed he loves to return to the world so that he may be killed another time."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Ibn 'Umar said: "Sufyan bin 'Uyainah said: "Amr bin Dinar was older than Az-Zuhri.'"

"The Messenger of Allah (saws) was of average height, neither tall nor very short, he had a good build, brown in complexion, his hair was neither curly nor straight, and when he walked he swayed slightly."

He said: There are narration on this topic from 'Aishah, Al-Bara', Abu Hurairah, Ibn 'Abbas, Abu Sa'eed, Jabir, Wa'il bin Hujr, and Umm Hani'.

[Abu 'Eisa said:] The Hadith of Anas is a Hasan Sahih Gharib Hadith from this route, as a narration of Humaid.

‘Abd Allaah (bin ‘Umar) said “The Apostle of Allaah(saws) sent us along with a detachment. The share of each was twelve Camels. The Apostle of Allaah(saws) gave each one of us a Camel as a reward.

Abu Dawud said “Burd bin Sinan narrated a similar tradition from Nafi’ as narrated by ‘Ubaid Allaah. Ayyub also narrated from Nafi’ a similar tradition, but his version goes “We were rewarded one Camel each. He did not mention the Prophet (saws).

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

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

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

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

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

32.4 Conditions Permitted in Qirad

Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."

He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."

Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "

Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."

I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O Allah's Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "Onethird of it?" He said, "You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealthy than to leave them poor, asking others for help. And whatever you spend (for Allah's sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah's Apostle! Will I remain behind and fail to complete my emigration?" The Prophet said, "If you are left behind after me, whatever good deeds you will do for Allah's sake, that will upgrade you and raise you high. May be you will have long life so that some people may benefit by you and others (the enemies) be harmed by you." But Allah's Apostle felt sorry for Sa`d bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa`d bin Khaula was a man from the tribe of Bani 'Amir bin Lu'ai.)

Once the Prophet sat on a pulpit and we sat around him. Then he said, "The things I am afraid of most for your sake (concerning what will befall you after me) is the pleasures and splendors of the world and its beauties which will be disclosed to you." Somebody said, "O Allah's Apostle! Can the good bring forth evil?" The Prophet remained silent for a while. It was said to that person, "What is wrong with you? You are talking to the Prophet (p.b.u.h) while he is not talking to you." Then we noticed that he was being inspired divinely. Then the Prophet wiped off his sweat and said, "Where is the questioner?" It seemed as if the Prophet liked his question. Then he said, "Good never brings forth evil. Indeed it is like what grows on the banks of a water-stream which either kill or make the animals sick, except if an animal eats its fill the Khadira (a kind of vegetable) and then faces the sun, and then defecates and urinates and grazes again. No doubt this wealth is sweet and green. Blessed is the wealth of a Muslim from which he gives to the poor, the orphans and to needy travelers. (Or the Prophet said something similar to it) No doubt, whoever takes it illegally will be like the one who eats but is never satisfied, and his wealth will be a witness against him on the Day of Resurrection."

That he heard is father, narating a Hadith, which he heard from the Messenger of Allah (saws) in which he stood among them, mentioning to them that Jihad in the cause of Allah and faith in Allah were the most virtuous of deeds. Then a man stood and said: "O Messenger of Allah! If I were killed in the cause of Allah, would my sins forgiven ?" So the Messenger of Allah (saws) said: "Yes, If you are killed in Allah's cause, and you are patient, seeking the reward, advancing, not fleeing." Then the Messenger of Allah (saws) said: "What was it that you said?" So he replied: "If I were killed in the cause of Allah, would my sins be removed (forgiven)?" So the Messenger of Allah (saws) said: "Yes, If you are patient, seeking the reward, advancing, not fleeing - except debt. For Jibril said that to me."

[Abu 'Eisa said:] There are narrations on this topic from Anas, Muhammad bin Jahsh, And Abu Hurairah. This Hadith is Hasan Sahih.

Some of them reported this Hadith from Sa'eed Al-Maqburi, from Abu Hurairah, from the Prophet (saws) similar to this. Yahya bin Sa'eed Al-Ansari and more than one narrator reported this from Sa'eed Al-Maqburi from 'Abdullah bin Abi Qatadah, from his fahter, from the Prophet (saws). This is more correct than the narration of Sa'eed Al-Maqburi from Abu Hurairah.

An Ansari woman who gave the pledge of allegiance to the Prophet that the Ansar drew lots concerning the dwelling of the Emigrants. `Uthman bin Maz'un was decided to dwell with them (i.e. Um Al-`Ala's family), `Uthman fell ill and I nursed him till he died, and we covered him with his clothes. Then the Prophet came to us and I (addressing the dead body) said, "O Abu As-Sa'ib, may Allah's Mercy be on you! I bear witness that Allah has honored you." On that the Prophet said, "How do you know that Allah has honored him?" I replied, "I do not know. May my father and my mother be sacrificed for you, O Allah's Apostle! But who else is worthy of it (if not `Uthman)?" He said, "As to him, by Allah, death has overtaken him, and I hope the best for him. By Allah, though I am the Apostle of Allah, yet I do not know what Allah will do to me," By Allah, I will never assert the piety of anyone after him. That made me sad, and when I slept I saw in a dream a flowing stream for `Uthman bin Maz'un. I went to Allah's Apostle and told him of it. He remarked, "That symbolizes his (good) deeds."

Out of all the Ansar, living in Medina, Abu Talha had the largest number of (date palm trees) gardens, and the most beloved of his property to him was Bairuha garden which was standing opposite the Mosque (of the Prophet). Allah's Apostle used to enter it and drink of its good water. When the Verse:--"By no means shall you attain righteousness unless you spend (in charity) of that which you love." (3.92) Abu Talha got up and said, "O Allah's Apostle, Allah says:--"By no means shall you attain righteousness unless you spend (in charity) of that which you love." (3.92) and the most beloved of my property to me is the Bairuha garden, so I give it (as a charitable gift) in Allah's Cause and hope to receive good out of it, and to have it stored for me with Allah. So, O Allah's Apostle! Dispose it of (i.e. utilize it) in the way Allah orders you (to dispose it of)." Allah's Apostle said, "Bravo! That is a fruitful property! That is a fruitful property! I have heard what you have said and I think that you should distribute that (garden) amongst your relatives." The Abu Talha distributed that garden amongst his relatives and his cousins.

Narrated Yahya bin Yahya:

I learnt from Malik, "..a fruitful property."

The Messenger of Allah (saws) said: If you gain a victory over the men of Jews, kill them. So Muhayyisah jumped over Shubaybah, a man of the Jewish merchants. He had close relations with them. He then killed him. At that time Huwayyisah (brother of Muhayyisah) had not embraced Islam. He was older than Muhayyisah. When he killed him, Huwayyisah beat him and said: O enemy of Allah, I swear by Allah, you have a good deal of fat in your belly from his property.

We asked the Prophet (saws) about walking with the funeral. He replied: Not running (but walking quickly). If he (the dead person) was good, send him to it quickly; if he was otherwise, keep away the people of Hell. The bier should be followed and should not follow. Those who go in front of it are not accompanying it.

Abu Dawud said: The narrator Yahya b. 'Abd Allah is weak. He is Yahya al-Jabir

Abu Dawud said: This is from Kufah, and Abu Majidah is from Basrah.

Abu Dawud said: Abu Majidah is obscure.

I heard the Messenger of Allah (saws) say: If any of you is suffering from anything or his brother is suffering, he should say: Our Lord is Allah Who is in the heaven, holy is Thy name, Thy command reigns supreme in the heaven and the earth, as Thy mercy in the heaven, make Thy mercy in the earth; forgive us our sins, and our errors; Thou art the Lord of good men; send down mercy from Thy mercy, and remedy, and remedy from Thy remedy on this pain so that it is healed up.

The Prophet (saws) said: If a Muslim sleeps while remembering Allah, in the state of purification, is alarmed while asleep at night, and asks Allah for good in this world and in the Hereafter. He surely gives it to him. Thabit al-Bunani said: AbuZabyah came to visit us and he transmitted this tradition to us from Mu'adh ibn Jabal from the Prophet (saws). Thabit said: So and so said: I tried my best to utter these (prayers) when I got up, but I could not do.

I heard Ka`b bin Malik talking about the Verse:-- 'And to the three (He also forgave) who remained behind.' (9.118) saying in the last portion of his talk, "(I said), 'As a part (sign) of my repentance, I would like to give up all my property in the cause of Allah and His Apostle,' The Prophet said to me, 'Keep some of your wealth as it is good for you." (To the three (He also forgave) who remained behind till for them the earth, vast as it is, was straitened..." (9.118)

Allah's Apostle said, "Shall I tell you of the best families among the Ansar?" They (the people) said, "Yes, O Allah's Apostle!" The Prophet said, "The best are Banu- An-Najjar, and after them are Banu `Abdil Ash-hal, and after them are Banu Al-Harith bin Al-Khazraj, and after them are Banu Sa`ida." The Prophet then moved his hand by closing his fingers and then opening them like one throwing something, and then said, "Anyhow, there is good in all the families of the Ansar. "

The Prophet mentioned the (Hell) Fire and sought refuge (with Allah) from it, and turned his face to the other side. He mentioned the (Hell) Fire again and took refuge (with Allah) from it and turned his face to the other side. (Shu`ba, the sub-narrator, said, "I have no doubt that the Prophet repeated it twice.") The Prophet then said, "(O people!) Save yourselves from the (Hell) Fire even if with one half of a date fruit (given in charity), and if this is not available, then (save yourselves) by saying a good pleasant friendly word."

The Prophet said, 'Beware! Avoid sitting on the roads." They (the people) said, "O Allah s Apostle! We can't help sitting (on the roads) as these are (our places) here we have talks." The Prophet said, ' l f you refuse but to sit, then pay the road its right ' They said, "What is the right of the road, O Allah's Apostle?" He said, 'Lowering your gaze, refraining from harming others, returning greeting, and enjoining what is good, and forbidding what is evil."

We were with the Prophet in a gathering and he said, 'Swear allegiance to me that you will not worship anything besides Allah, Will not steal, and will not commit illegal sexual intercourse." And then (the Prophet) recited the whole Verse (i.e. 60:12). The Prophet added, 'And whoever among you fulfills his pledge, his reward is with Allah; and whoever commits something of such sins and receives the legal punishment for it, that will be considered as the expiation for that sin, and whoever commits something of such sins and Allah screens him, it is up to Allah whether to excuse or punish him."

The Prophet said, "Avoid the seven great destructive sins." They (the people!) asked, "O Allah's Apostle! What are they?" He said, "To join partners in worship with Allah; to practice sorcery; to kill the life which Allah has forbidden except for a just cause (according to Islamic law); to eat up usury (Riba), to eat up the property of an orphan; to give one's back to the enemy and fleeing from the battle-field at the time of fighting and to accuse chaste women who never even think of anything touching chastity and are good believers."