The Messenger of Allah (saws) said: The best day on which the sun has risen is Friday; on it Adam was created, on it he was expelled (from Paradise), on it his contrition was accepted, on it he died, and on it the Last Hour will take place. On Friday every beast is on the lookout from dawn to sunrise in fear of the Last Hour, but not jinn and men, and it contains a time at which no Muslim prays and asks anything from Allah but He will give it to him. Ka'b said: That is one day every year. So I said: It is on every Friday. Ka'b read the Torah and said: The Messenger of Allah (saws) has spoken the truth. AbuHurayrah said: I met Abdullah ibn Salam and told him of my meeting with Ka'b. Abdullah ibn Salam said: I know what time it is. AbuHurayrah said: I asked him to tell me about it. Abdullah ibn Salam said: It is at the very end of Friday. I asked: How can it be when the Messenger of Allah (saws) has said: "No Muslim finds it while he is praying...." and this is the moment when no prayer is offered. Abdullah ibn Salam said: Has the Messenger of Allah (saws) not said: "If anyone is seated waiting for the prayer, he is engaged in the prayer until he observes it." I said: Yes, it is so.

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

Allah's Apostle went out along with a group of his companions towards `Ukaz Market. At that time something intervened between the devils and the news of the Heaven, and flames were sent down upon them, so the devils returned. Their fellow-devils said, "What is wrong with you? " They said, "Something has intervened between us and the news of the Heaven, and fires (flames) have been shot at us." Their fellow-devils said, "Nothing has intervened between you and the news of the Heaven, but an important event has happened. Therefore, travel all over the world, east and west, and try to find out what has happened." And so they set out and travelled all over the world, east and west, looking for that thing which intervened between them and the news of the Heaven. Those of the devils who had set out towards Tihama, went to Allah's Apostle at Nakhla (a place between Mecca and Taif) while he was on his way to `Ukaz Market. (They met him) while he was offering the Fajr prayer with his companions. When they heard the Holy Qur'an being recited (by Allah's Apostle), they listened to it and said (to each other). This is the thing which has intervened between you and the news of the Heavens." Then they returned to their people and said, "O our people! We have really heard a wonderful recital (Qur'an). It gives guidance to the right, and we have believed therein. We shall not join in worship, anybody with our Lord." (See 72.1-2) Then Allah revealed to His Prophet (Surat al- Jinn): 'Say: It has been revealed to me that a group (3 to 9) of Jinns listened (to the Qur'an).' (72.1) The statement of the Jinns was revealed to him .

I asked `Abdullah bin `Umar, "O Abu `Abdur-Rahman! I saw you doing four things which I never saw being done by anyone of you companions?" `Abdullah bin `Umar said, "What are those, O Ibn Juraij?" I said, "I never saw you touching any corner of the Ka`ba except these (two) facing south (Yemen) and I saw you wearing shoes made of tanned leather and dyeing your hair with Hinna (a kind of red dye). I also noticed that whenever you were in Mecca, the people assume Ihram on seeing the new moon crescent (1st of Dhul-Hijja) while you did not assume the Ihlal (Ihram) -(Ihram is also called Ihlal which means 'Loud calling' because a Muhrim has to recite Talbiya aloud when assuming the state of Ihram) - till the 8th of Dhul-Hijja (Day of Tarwiya). `Abdullah replied, "Regarding the corners of Ka`ba, I never saw Allah's Apostle touching except those facing south (Yemen) and regarding the tanned leather shoes, no doubt I saw Allah's Apostle wearing non-hairy shoes and he used to perform ablution while wearing the shoes (i.e. wash his feet and then put on the shoes). So I love to wear similar shoes. And about the dyeing of hair with Hinna; no doubt I saw Allah's Apostle dyeing his hair with it and that is why I like to dye (my hair with it). Regarding Ihlal, I did not see Allah's Apostle assuming Ihlal till he set out for Hajj (on the 8th of Dhul-Hijja).

While Allah's Apostle was prostrating (as stated below).

Narrated `Abdullah bin Mas`ud:

Once the Prophet was offering prayers at the Ka`ba. Abu Jahl was sitting with some of his companions. One of them said to the others, "Who amongst you will bring the Abdominal contents (intestines, etc.) of a camel of Bani so and so and put it on the back of Muhammad, when he prostrates?" The most unfortunate of them got up and brought it. He waited till the Prophet prostrated and then placed it on his back between his shoulders. I was watching but could not do any thing. I wish I had some people with me to hold out against them. They started laughing and falling on one another. Allah's Apostle was in prostration and he did not lift his head up till Fatima (Prophet's daughter) came and threw that (camel's Abdominal contents) away from his back. He raised his head and said thrice, "O Allah! Punish Quraish." So it was hard for Abu Jahl and his companions when the Prophet invoked Allah against them as they had a conviction that the prayers and invocations were accepted in this city (Mecca). The Prophet said, "O Allah! Punish Abu Jahl, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, and `Uqba bin Al Mu'it [??] (and he mentioned the seventh whose name I cannot recall). By Allah in Whose Hands my life is, I saw the dead bodies of those persons who were counted by Allah's Apostle in the Qalib (one of the wells) of Badr.

The Prophet delivered to us a sermon on the Day of Nahr. He said, "Do you know what is the day today?" We said, "Allah and His Apostle know better." He remained silent till we thought that he might give that day another name. He said, "Isn't it the Day of Nahr?" We said, "It is." He further asked, "Which month is this?" We said, "Allah and His Apostle know better." He remained silent till we thought that he might give it another name. He then said, "Isn't it the month of Dhul-Hijja?" We replied: "Yes! It is." He further asked, "What town is this?" We replied, "Allah and His Apostle know it better." He remained silent till we thought that he might give it another name. He then said, "Isn't it the forbidden (Sacred) town (of Mecca)?" We said, "Yes. It is." He said, "No doubt, your blood and your properties are sacred to one another like the sanctity of this day of yours, in this month of yours, in this town of yours, till the day you meet your Lord. No doubt! Haven't I conveyed Allah's message to you? They said, "Yes." He said, "O Allah! Be witness. So it is incumbent upon those who are present to convey it (this information) to those who are absent because the informed one might comprehend it (what I have said) better than the present audience, who will convey it to him. Beware! Do not renegade (as) disbelievers after me by striking the necks (cutting the throats) of one another."

Abu `Abdur-Rahman who was one of the supporters of `Uthman said to Abu Talha who was one of the supporters of `Ali, "I perfectly know what encouraged your leader (i.e. `Ali) to shed blood. I heard him saying: Once the Prophet sent me and Az-Zubair saying, 'Proceed to such-and-such Ar-Roudah (place) where you will find a lady whom Hatib has given a letter. So when we arrived at Ar-Roudah, we requested the lady to hand over the letter to us. She said, 'Hatib has not given me any letter.' We said to her. 'Take out the letter or else we will strip off your clothes.' So she took it out of her braid. So the Prophet sent for Hatib, (who came) and said, 'Don't hurry in judging me, for, by Allah, I have not become a disbeliever, and my love to Islam is increasing. (The reason for writing this letter was) that there is none of your companions but has relatives in Mecca who look after their families and property, while I have nobody there, so I wanted to do them some favor (so that they might look after my family and property).' The Prophet believed him. `Umar said, 'Allow me to chop off his (i.e. Hatib's) neck as he has done hypocrisy.' The Prophet said, (to `Umar), 'Who knows, perhaps Allah has looked at the warriors of Badr and said (to them), 'Do whatever you like, for I have forgiven you.' " `Abdur-Rahman added, "So this is what encouraged him (i.e. `Ali).

Allah's Apostle deputed me to keep Sadaqat (al-Fitr) of Ramadan. A comer came and started taking handfuls of the foodstuff (of the Sadaqa) (stealthily). I took hold of him and said, "By Allah, I will take you to Allah's Apostle ." He said, "I am needy and have many dependents, and I am in great need." I released him, and in the morning Allah's Apostle asked me, "What did your prisoner do yesterday?" I said, "O Allah's Apostle! The person complained of being needy and of having many dependents, so, I pitied him and let him go." Allah's Apostle said, "Indeed, he told you a lie and he will be coming again." I believed that he would show up again as Allah's Apostle had told me that he would return. So, I waited for him watchfully. When he (showed up and) started stealing handfuls of foodstuff, I caught hold of him again and said, "I will definitely take you to Allah's Apostle. He said, "Leave me, for I am very needy and have many dependents. I promise I will not come back again." I pitied him and let him go.

In the morning Allah's Apostle asked me, "What did your prisoner do." I replied, "O Allah's Apostle! He complained of his great need and of too many dependents, so I took pity on him and set him free." Allah's Apostle said, "Verily, he told you a lie and he will return." I waited for him attentively for the third time, and when he (came and) started stealing handfuls of the foodstuff, I caught hold of him and said, "I will surely take you to Allah's Apostle as it is the third time you promise not to return, yet you break your promise and come." He said, "(Forgive me and) I will teach you some words with which Allah will benefit you." I asked, "What are they?" He replied, "Whenever you go to bed, recite "Ayat-al-Kursi"-- 'Allahu la ilaha illa huwa-l-Haiy-ul Qaiyum' till you finish the whole verse. (If you do so), Allah will appoint a guard for you who will stay with you and no satan will come near you till morning. " So, I released him. In the morning, Allah's Apostle asked, "What did your prisoner do yesterday?" I replied, "He claimed that he would teach me some words by which Allah will benefit me, so I let him go." Allah's Apostle asked, "What are they?" I replied, "He said to me, 'Whenever you go to bed, recite Ayat-al-Kursi from the beginning to the end ---- Allahu la ilaha illa huwa-lHaiy-ul-Qaiyum----.' He further said to me, '(If you do so), Allah will appoint a guard for you who will stay with you, and no satan will come near you till morning.' (Abu Huraira or another sub-narrator) added that they (the companions) were very keen to do good deeds. The Prophet said, "He really spoke the truth, although he is an absolute liar. Do you know whom you were talking to, these three nights, O Abu Huraira?" Abu Huraira said, "No." He said, "It was Satan."

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

The Messenger of Allah (saws) said to al-Abbas ibn AbdulMuttalib: Abbas, my uncle, shall I not give you, shall I not present to you, shall I not donate to you, shall I not produce for you ten things? If you act upon them, Allah will forgive you your sins, first and last, old and new, involuntary and voluntary, small and great, secret and open.

These are the ten things: you should pray four rak'ahs, reciting in each one Fatihat al-Kitab and a surah. When you finish the recitation of the first rak'ah you should say fifteen times while standing: "Glory be to Allah", "Praise be to Allah", "There is no god but Allah", "Allah is most great". Then you should bow and say it ten times while bowing. Then you should raise your head after bowing and say it ten times. Then you should kneel down in prostration and say it ten times while prostrating yourself. Then you should raise your head after prostration and say it ten times. Then you should prostrate yourself and say it ten times. Then you should raise your head after prostrating and say it ten times in every rak'ah. You should do that in four rak'ahs.

If you can observe it once daily, do so; if not, then once weekly; if not, then once a month; if not, then once a year; if not, then once in your lifetime.

(one of them said more than his friend): The Prophet set out in the company of more than onethousand of his companions in the year of Al-Hudaibiya, and when he reached Dhul-Hulaifa, he garlanded his Hadi (i.e. sacrificing animal), assumed the state of Ihram for `Umra from that place and sent a spy of his from Khuzi'a (tribe). The Prophet proceeded on till he reached (a village called) Ghadir-al-Ashtat. There his spy came and said, "The Quraish (infidels) have collected a great number of people against you, and they have collected against you the Ethiopians, and they will fight with you, and will stop you from entering the Ka`ba and prevent you." The Prophet said, "O people! Give me your opinion. Do you recommend that I should destroy the families and offspring of those who want to stop us from the Ka`ba? If they should come to us (for peace) then Allah will destroy a spy from the pagans, or otherwise we will leave them in a miserable state." On that Abu Bakr said, "O Allah Apostle! You have come with the intention of visiting this House (i.e. Ka`ba) and you do not want to kill or fight anybody. So proceed to it, and whoever should stop us from it, we will fight him." On that the Prophet said, "Proceed on, in the Name of Allah !"

[Muslim].

Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furaya bint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum, (which is 6 miles from Madina), and they had killed him.

She said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me in a dwelling which belonged to him, and had left me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said,'Yes.' So I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, 'What did you say?' I repeated the story about my husband. He said, 'Stay in your house until what is written reaches its term.' I did the idda in the house for four months and ten days."

She added, "When Uthman ibn Affan sent for me, I told him that, and he followed it and made decisions by it."

Malik was asked whether someone who went into a mosque to do itikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the mosque, had to do itikaf for the number of days that were left from the ten, or not, and if he did have to do so, then what month should he do it in, and he replied, "He should make up whatever he has to do of the itikaf when he recovers, whether in Ramadan or otherwise. I have heard that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf in Ramadan, but then came back without having done so, and then when Ramadan had gone, he did itikaf for ten days in Shawwal.

Some one who does itikaf voluntarily in Ramadan and some one who has to do itikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever did itikaf other than voluntarily."

Malik said, that if a woman did itikaf and then menstruated during her itikaf, she went back to her house, and, when she was pure again she returned to the mosque, at whatever time it was that she became pure. She then continued her itikaf from where she left off. This was the same situation as with a woman who had to fast two consecutive months, and who menstruated and then became pure. She then continued the fast from where she had left off and did not delay doing so.

Abu Hurayra continued, "Then I met Abdullah ibn Salam and I told him that I had sat with Kabal-Ahbar, and I mentioned what I had related to him about the day of jumua, and told him that Kab had said, 'That is one day in every year.' Abdullah ibn Salam said, 'Kab lied,' and I added, 'Kab then recited the Tawrah and said, "No, it is in every jumua.'' ' Abdullah ibn Salam said, 'Kab spoke the truth. 'Then Abdullah ibn Salam said, 'I know what time that is.' "

Abu Hurayra continued, "I said to him, 'Let me know it - don't keep it from me.' Abdullah ibn Salam said, 'It is the last period of time in the dayof jumua.' "

Abu Hurayra continued, "I said, 'How can it be the last period of time in the day of jumua, when the Messenger of Allah, may Allah bless him and grant him peace, said, "a muslim slave standing in prayer", and that is a time when there is no prayer?' Abdullah ibn Salam replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "Whoever sits waiting for the prayer is in prayer until he prays?" "'

Abu Hurayra added, "I said, 'Of course.' He said, 'Then it is that.' "

I heard `Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta a to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property . So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle, said, "Hatib has told you the truth." `Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

Men from the companions of Allah's Apostle used to see dreams during the lifetime of Allah's Apostle and they used to narrate those dreams to Allah's Apostle. Allah's Apostle would interpret them as Allah wished. I was a young man and used to stay in the mosque before my wedlock. I said to myself, "If there were any good in myself, I too would see what these people see." So when I went to bed one night, I said, "O Allah! If you see any good in me, show me a good dream." So while I was in that state, there came to me (in a dream) two angels. In the hand of each of them, there was a mace of iron, and both of them were taking me to Hell, and I was between them, invoking Allah, "O Allah! I seek refuge with You from Hell." Then I saw myself being confronted by another angel holding a mace of iron in his hand. He said to me, "Do not be afraid, you will be an excellent man if you only pray more often." So they took me till they stopped me at the edge of Hell, and behold, it was built inside like a well and it had side posts like those of a well, and beside each post there was an angel carrying an iron mace. I saw therein many people hanging upside down with iron chains, and I recognized therein some men from the Quraish. Then (the angels) took me to the right side. I narrated this dream to (my sister) Hafsa and she told it to Allah's Apostle. Allah's Apostle said, "No doubt, `Abdullah is a good man." (Nafi` said, "Since then `Abdullah bin `Umar used to pray much.)

Yahya related to me from Malik, from Yahya ibn Said, from Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked people about him and they said, "He has given directions for his sacrificial animal to be garlanded, and it is for that reason that he has put on ihram ."

Rabia said, "I then met Abdullah ibn az- Zubayr and so I mentioned this to him and he said, 'By the Lord of the Kaba, an innovation.' "

Malik was asked about some one who set out with his own sacrificial animal and marked it and garlanded it at Dhu'l-Hulayfa, but did not go into ihram until he had reached al- Juhfa,and hesaid, "I do not like that, and whoever does so has not acted properly. He should only garland his sacrificial animal, or mark it, when he goes into ihram, unless it is someone who does not intend to do hajj, in which case he sends it off and stays with his family."

Malik was asked if somone who was not in ihram could set out with a sacrificial animal, and he said, "Yes. There is no harm in that."

He was also asked to comment on the different views people had about what became haram for some one who garlanded a sacrificial animal but did not intend to do either hajj or umra, and he said, "What we go by as far as this is concerned is what A'isha, umm al-muminin said, 'The Messenger of Allah, may Allah bless him and grant him peace, sent his sacrificial animal off and did not go there himself, and there was nothing that Allah had made halal for him that was haram for him until the animal had been sacrificed.' "

We took part in the holy battle of Tabuk in the company of the Prophet and when we arrived at the Wadi-al-Qura, there was a woman in her garden. The Prophet asked his companions to estimate the amount of the fruits in the garden, and Allah's Apostle estimated it at ten Awsuq (One Wasaq = 60 Sa's) and 1 Sa'= 3 kg. approximately). The Prophet said to that lady, "Check what your garden will yield." When we reached Tabuk, the Prophet said, "There will be a strong wind tonight and so no one should stand and whoever has a camel, should fasten it." So we fastened our camels. A strong wind blew at night and a man stood up and he was blown away to a mountain called Taiy, The King of Aila sent a white mule and a sheet for wearing to the Prophet as a present, and wrote to the Prophet that his people would stay in their place (and will pay Jizya taxation.) (1) When the Prophet reached Wadi-al- Qura he asked that woman how much her garden had yielded. She said, "Ten Awsuq," and that was what Allah's Apostle had estimated. Then the Prophet said, "I want to reach Medina quickly, and whoever among you wants to accompany me, should hurry up." The sub-narrator Ibn Bakkar said something which meant: When the Prophet (p.b.u.h) saw Medina he said, "This is Taba." And when he saw the mountain of Uhud, he said, "This mountain loves us and we love it. Shall I tell you of the best amongst the Ansar?" They replied in the affirmative. He said, "The family of Bani-n-Najjar, and then the family of Bani Sa`ida or Bani Al-Harith bin Al-Khazraj. (The above-mentioned are the best) but there is goodness in all the families of Ansar."

The Prophet said to Abu Talha, "Choose one of your boy servants to serve me in my expedition to Khaibar." So, Abu Talha took me letting me ride behind him while I was a boy nearing the age of puberty. I used to serve Allah's Apostle when he stopped to rest. I heard him saying repeatedly, "O Allah! I seek refuge with You from distress and sorrow, from helplessness and laziness, from miserliness and cowardice, from being heavily in debt and from being overcome by men." Then we reached Khaibar; and when Allah enabled him to conquer the Fort (of Khaibar), the beauty of Safiya bint Huyai bin Akhtab was described to him. Her husband had been killed while she was a bride. So Allah's Apostle selected her for himself and took her along with him till we reached a place called Sa`d-AsSahba,' where her menses were over and he took her for his wife. Haris (a kind of dish) was served on a small leather sheet. Then Allah's Apostle told me to call those who were around me. So, that was the marriage banquet of Allah's Apostle and Safiya. Then we left for Medina. I saw Allah's Apostle folding a cloak round the hump of the camel so as to make a wide space for Safiya (to sit on behind him) He sat beside his camel letting his knees for Safiya to put her feet on so as to mount the camel. Then, we proceeded till we approached Medina; he looked at Uhud (mountain) and said, "This is a mountain which loves us and is loved by us." Then he looked at Medina and said, "O Allah! I make the area between its (i.e. Medina's) two mountains a sanctuary as Abraham made Mecca a sanctuary. O Allah! Bless them (i.e. the people of Medina) in their Mudd and Sa (i.e. measures).

Yahya said from Malik from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, ''Utba ibn Abi Waqqas disclosed to his brother, Sad ibn Abi Waqqas, that he was the father of the son of the slave-girl of Zama, and made him promise to look after him (after his death). In the year of the conquest, Sad took him and said, 'He is the son of my brother. He covenanted with me about him.' Abd ibn Zama stood up and said, 'He is my brother and the son of my father's slave-girl. He was born on his bed.' They went to the Messenger of Allah, may Allah bless him and grant him peace. Sad said, 'Messenger of Allah! He is the son of my brother, he made a covenant with me about him.' Abd ibn Zama said, 'He is my brother and the son of my father's slave-girl and was born on my father's bed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, Abd ibn Zama.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A child belongs to the household (where he was born) and the adulterer is stoned.' Then he told Sawda bint Zama, 'Veil yourself from him,' since he saw in him a resemblance to Utba ibn Abi Waqqas." A'isha added, "He did not see her until he met Allah, the Mighty, the Majestic!"

Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' "

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Abu't-Tufayl Amir ibn Wathila that Muadh ibn Jabal told him that they went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Tabuk, and the Messenger of Allah, may Allah bless him and grant him peace, joined dhuhr with asr and maghrib with isha. Muadh said, "One day he delayed the prayer, and then came out and prayed dhuhr and asr together. Then he said, 'Tomorrow you will come, insha' llah, to the spring of Tabuk. But you will not get there until well into the morning. No one who arrives should touch any of its water until I come.' We came to it and two men had got to it before us and the spring was dripping with a little water. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'Have you touched any of its water?' They said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, reviled them and said what Allah wished him to say. Then they took water with their hands from the spring little by little until it had been collected in something. Then the Messenger of Allah, may Allah bless him and grant him peace, washed his face and hands in it. Then he put it back into the spring and the spring flowed with an abundance of water and the people drew water from it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you live long enough, Muadh, you will soon see this place filled with gardens.' "

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.

who attended the Badr battle and was from the Ansar, that he came to the Prophet and said, "O Allah's Apostle! I have lost my eyesight and I lead my people in the prayer (as an Imam). When it rains, the valley which is between me and my people, flows with water, and then I cannot go to their mosque to lead them in the prayer. O Allah's Apostle! I wish that you could come and pray in my house so that I may take it as a praying place. The Prophet said, "Allah willing, I will do that." The next morning, soon after the sun had risen, Allah's Apostle came with Abu Bakr. The Prophet asked for the permission to enter and I admitted him. The Prophet had not sat till he had entered the house and said to me, "Where do you like me to pray in your house?" I pointed at a place in my house whereupon he stood and said, "Allahu Akbar." We lined behind him and he prayed two rak`at and finished it with Taslim. We then requested him to stay for a special meal of Khazira which we had prepared. A large number of men from the adjoining area gathered in the house. One of them said, "Where is Malik bin Ad-Dukhshun?" Another man said, "He is a hypocrite and does not love Allah and His Apostle." The Prophet said, "Do not say so. Do you not think that he has said: "None has the right to be worshipped but Allah," seeking Allah's pleasure? The man said, "Allah and His Apostle know better, but we have always seen him mixing with hypocrites and giving them advice." The Prophet said, "Allah has forbidden the (Hell) Fire for those who testify that none has the right to be worshipped but Allah, seeking Allah's pleasure. "

We were in the company of Abu Musa Al-Ash`ari and there were friendly relations between us and this tribe of Jarm. Abu Musa was presented with a dish containing chicken. Among the people there was sitting a red-faced man who did not come near the food. Abu Musa said (to him), "Come on (and eat), for I have seen Allah's Apostle eating of it (i.e. chicken)." He said, "I have seen it eating something (dirty) and since then I have disliked it, and have taken an oath that I shall not eat it ' Abu Musa said, "Come on, I will tell you (or narrate to you). Once I went to Allah s Apostle with a group of Al-Ash`ariyin, and met him while he was angry, distributing some camels of rak`at. We asked for mounts but he took an oath that he would not give us any mounts, and added, 'I have nothing to mount you on' In the meantime some camels of booty were brought to Allah's Apostle and he asked twice, 'Where are Al-Ash`ariyin?" So he gave us five white camels with big humps. We stayed for a short while (after we had covered a little distance), and then I said to my companions, "Allah's Apostle has forgotten his oath. By Allah, if we do not remind Allah's Apostle of his oath, we will never be successful." So we returned to the Prophet and said, "O Allah's Apostle! We asked you for mounts, but you took an oath that you would not give us any mounts; we think that you have forgotten your oath.' He said, 'It is Allah Who has given you mounts. By Allah, and Allah willing, if I take an oath and later find something else better than that. then I do what is better and expiate my oath.' "

While I was walking with the Prophet at the Hurra of Medina in the evening, the mountain of Uhud appeared before us. The Prophet said, "O Abu Dhar! I would not like to have gold equal to Uhud (mountain) for me, unless nothing of it, not even a single Dinar remains of it with me, for more than one day or three days, except that single Dinar which I will keep for repaying debts. I will spend all of it (the whole amount) among Allah's slaves like this and like this and like this." The Prophet pointed out with his hand to illustrate it and then said, "O Abu Dhar!" I replied, "Labbaik wa Sa`daik, O Allah's Apostle!" He said, "Those who have much wealth (in this world) will be the least rewarded (in the Hereafter) except those who do like this and like this (i.e., spend their money in charity)." Then he ordered me, "Remain at your place and do not leave it, O Abu Dhar, till I come back." He went away till he disappeared from me. Then I heard a voice and feared that something might have happened to Allah's Apostle, and I intended to go (to find out) but I remembered the statement of Allah's Apostle that I should not leave, my place, so I kept on waiting (and after a while the Prophet came), and I said to him, "O Allah's Apostle, I heard a voice and I was afraid that something might have happened to you, but then I remembered your statement and stayed (there). The Prophet said, "That was Gabriel who came to me and informed me that whoever among my followers died without joining others in worship with Allah, would enter Paradise." I said, "O Allah's Apostle! Even if he had committed illegal sexual intercourse and theft?" He said, "Even if he had committed illegal sexual intercourse and theft."

While I was walking with the Prophet in the Harra of Medina, Uhud came in sight. The Prophet said, "O Abu Dhar!" I said, "Labbaik, O Allah's Apostle!" He said, "I would not like to have gold equal to this mountain of Uhud, unless nothing of it, not even a single Dinar of it remains with me for more than three days, except something which I will keep for repaying debts. I would have spent all of it (distributed it) amongst Allah's Slaves like this, and like this, and like this." The Prophet pointed out with his hand towards his right, his left and his back (while illustrating it). He proceeded with his walk and said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except those who spend their wealth like this, and like this, and like this, to their right, left and back, but such people are few in number." Then he said to me, "Stay at your place and do not leave it till I come back." Then he proceeded in the darkness of the night till he went out of sight, and then I heard a loud voice, and was afraid that something might have happened to the Prophet .1 intended to go to him, but I remembered what he had said to me, i.e. 'Don't leave your place till I come back to you,' so I remained at my place till he came back to me. I said, "O Allah's Apostle! I heard a voice and I was afraid." So I mentioned the whole story to him. He said, "Did you hear it?" I replied, "Yes." He said, "It was Gabriel who came to me and said, 'Whoever died without joining others in worship with Allah, will enter Paradise.' I asked (Gabriel), 'Even if he had committed theft or committed illegal sexual intercourse? Gabriel said, 'Yes, even if he had committed theft or committed illegal sexual intercourse."

who was one of the companions of Allah's Apostle and one of the Ansar's who took part in the battle of Badr: I came to Allah's Apostle and said, "O Allah's Apostle I have weak eyesight and I lead my people in prayers. When it rains the water flows in the valley between me and my people so I cannot go to their mosque to lead them in prayer. O Allah's Apostle! I wish you would come to my house and pray in it so that I could take that place as a Musalla. Allah's Apostle said. "Allah willing, I will do so." Next day after the sun rose high, Allah's Apostle and Abu Bakr came and Allah's Apostle asked for permission to enter. I gave him permission and he did not sit on entering the house but said to me, "Where do you like me to pray?" I pointed to a place in my house. So Allah's Apostle stood there and said, 'Allahu Akbar', and we all got up and aligned behind him and offered a two-rak`at prayer and ended it with Taslim. We requested him to stay for a meal called "Khazira" which we had prepared for him. Many members of our family gathered in the house and one of them said, "Where is Malik bin Al-Dukhaishin or Ibn Al-Dukhshun?" One of them replied, "He is a hypocrite and does not love Allah and His Apostle." Hearing that, Allah's Apostle said, "Do not say so. Haven't you seen that he said, 'None has the right to be worshipped but Allah' for Allah's sake only?" He said, "Allah and His Apostle know better. We have seen him helping and advising hypocrites." Allah's Apostle said, "Allah has forbidden the (Hell) fire for those who say, 'None has the right to be worshipped but Allah' for Allah's sake only."

Allah's Apostle sent us who were three-hundred riders under the command of Abu Ubaida bin Al- Jarrah in order to watch the caravan of the Quraish pagans. We stayed at the seashore for half a month and were struck with such severe hunger that we ate even the Khabt (i.e. the leaves of the Salam, a thorny desert tree), and because of that, the army was known as Jaish-ul-Khabt. Then the sea threw out, an animal (i.e. a fish) called Al-`Anbar and we ate of that for half a month, and rubbed its fat on our bodies till our bodies returned to their original state (i.e. became strong and healthy). Abu Ubaida took one of its ribs, fixed it on the ground; then he went to the tallest man of his companions (to let him pass under the rib). Once Sufyan said, "He took a rib from its parts and fixed it, and then took a man and camel and they passed from underneath it (without touching it). " Jabir added: There was a man amongst the people who slaughtered three camels and then slaughtered another three camels and then slaughtered other three camels, and then Abu 'Ubaida forbade him to do so. Narrated Abu Salih: Qais bin Sa`d said to his father. "I was present in the army and the people were struck with severe hunger." He said, "You should have slaughtered (camels) (for them)." Qais said, "I did slaughter camels but they were hungry again. He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again but the people felt hungry again." He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again, but the people again felt hungry." He said, "You should have slaughtered (camels) again." Qais said, "But I was forbidden (by Abu 'Ubaida this time).

Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate."

He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189).

"When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233).

"When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property."

Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation."

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his father that A'isha, umm al-muminin, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj and we went into ihram for umra. Afterwards, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has a sacrificial animal with him should go into ihram for hajj and umra together, and he should not leave ihram without leaving ihram for both of them at the same time.' "

She continued "I was menstruating when I got to Makka, so I did not do tawaf of the House or say between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Undo your hair and comb it and leave the umra and go back into ihram for the hajj.' "

She said, "I did so, and when we had completed the hajj, the Messenger of Allah, may Allah bless him and grant him peace, sent me with Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tanim and I performed an umra and he said, 'This is in place of your umra.' "

"Those who had entered ihram for the umra did tawaf of the House and say between Safa and Marwa, then left ihram. Then they did another tawaf after returning from Mina for their hajj, whereas those who entered ihram for the hajj or combined the hajj and the umra, only did one tawaf."

Yahya related the same as that to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha.

While we were sitting with the Prophet in the mosque, a man came riding on a camel. He made his camel kneel down in the mosque, tied its foreleg and then said: "Who amongst you is Muhammad?" At that time the Prophet was sitting amongst us (his companions) leaning on his arm. We replied, "This white man reclining on his arm." The man then addressed him, "O Son of `Abdul Muttalib." The Prophet said, "I am here to answer your questions." The man said to the Prophet, "I want to ask you something and will be hard in questioning. So do not get angry." The Prophet said, "Ask whatever you want." The man said, "I ask you by your Lord, and the Lord of those who were before you, has Allah sent you as an Apostle to all the mankind?" The Prophet replied, "By Allah, yes." The man further said, "I ask you by Allah. Has Allah ordered you to offer five prayers in a day and night (24 hours).? He replied, "By Allah, Yes." The man further said, "I ask you by Allah! Has Allah ordered you to observe fasts during this month of the year (i.e. Ramadan)?" He replied, "By Allah, Yes." The man further said, "I ask you by Allah. Has Allah ordered you to take Zakat (obligatory charity) from our rich people and distribute it amongst our poor people?" The Prophet replied, "By Allah, yes." Thereupon that man said, "I have believed in all that with which you have been sent, and I have been sent by my people as a messenger, and I am Dimam bin Tha`laba from the brothers of Bani Sa`d bin Bakr."

That his father said "We proceeded with the Prophet in the year of Al-Hudaibiya and his companions assumed Ihram but I did not. We were informed that some enemies were at Ghaiqa and so we went on towards them. My companions saw an onager and some of them started laughing among themselves. I looked and saw it. I chased it with my horse and stabbed and caught it. I wanted some help from my companions but they refused. (I slaughtered it all alone). We all ate from it (i.e. its meat). Then I followed Allah's Apostle lest we should be left behind. At times I urged my horse to run at a galloping speed and at other times at an ordinary slow speed. On the way I met a man from the tribe of Bani Ghifar at midnight. I asked him where he had left Allah's Apostle . The man replied that he had left the Prophet at a place called Ta'hun and he had the intention of having the midday rest at As-Suqya. So, I followed Allah's Apostle till I reached him and said, "O Allah's Apostle! I have been sent by my companions who send you their greetings and compliments and ask for Allah's Mercy and Blessings upon you. They were afraid lest the enemy might intervene between you and them; so please wait for them." So he did. Then I said, "O Allah's Apostle! We have hunted an onager and have some of it (i.e. its meat) left over." Allah's Apostle told his companions to eat the meat although all of them were in a state of Ihram."

That Kuraib, the freed slave of Ibn `Abbas told him that Ibn `Abbas, `Abdur-Rahman bin Azhar and Al-Miswar bin Makhrama sent him to `Aisha saying, "Pay her our greetings and ask her about our offering of the two-rak`at after `Asr Prayer, and tell her that we have been informed that you offer these two rak`at while we have heard that the Prophet had forbidden their offering." Ibn `Abbas said, "I and `Umar used to beat the people for their offering them." Kuraib added, "I entered upon her and delivered their message to her.' She said, 'Ask Um Salama.' So, I informed them (of `Aisha's answer) and they sent me to Um Salama for the same purpose as they sent me to `Aisha. Um Salama replied, 'I heard the Prophet forbidding the offering of these two rak`at. Once the Prophet offered the `Asr prayer, and then came to me. And at that time some Ansari women from the Tribe of Banu Haram were with me. Then (the Prophet ) offered those two rak`at, and I sent my (lady) servant to him, saying, 'Stand beside him and say (to him): Um Salama says, 'O Allah's Apostle! Didn't I hear you forbidding the offering of these two rak`at (after the `Asr prayer yet I see you offering them?' And if he beckons to you with his hand, then wait behind.' So the lady slave did that and the Prophet beckoned her with his hand, and she stayed behind, and when the Prophet finished his prayer, he said, 'O the daughter of Abu Umaiya (i.e. Um Salama), You were asking me about these two rak`at after the `Asr prayer. In fact, some people from the tribe of `Abdul Qais came to me to embrace Islam and busied me so much that I did not offer the two rak`at which were offered after Zuhr compulsory prayer, and these two rak`at (you have seen me offering) make up for those."

While I was in the city of the Prophet, a man came and complained to him (the Prophet, ) of destitution and poverty. Then another man came and complained of robbery (by highwaymen). The Prophet said, "Adi! Have you been to Al-Hira?" I said, "I haven't been to it, but I was informed about it." He said, "If you should live for a long time, you will certainly see that a lady in a Howdah traveling from Al-Hira will (safely reach Mecca and) perform the Tawaf of the Ka`ba, fearing none but Allah." I said to myself, "What will happen to the robbers of the tribe of Tai who have spread evil through out the country?" The Prophet further said. "If you should live long, the treasures of Khosrau will be opened (and taken as spoils)." I asked, "You mean Khosrau, son of Hurmuz?" He said, "Khosrau, son of Hurmuz; and if you should live long, you will see that one will carry a handful of gold or silver and go out looking for a person to accept it from him, but will find none to accept it from him. And any of you, when meeting Allah, will meet Him without needing an interpreter between him and Allah to interpret for him, and Allah will say to him: 'Didn't I send a messenger to teach you?' He will say: 'Yes.' Allah will say: 'Didn't I give you wealth and do you favors?' He will say: 'Yes.' Then he will look to his right and see nothing but Hell, and look to his left and see nothing but Hell." `Adi further said: I heard the Prophet saying, "Save yourself from the (Hell) Fire even with half a date (to be given in charity) and if you do not find a half date, then with a good pleasant word." `Adi added: (later on) I saw a lady in a Howdah traveling from Al-Hira till she performed the Tawaf of the Ka`ba, fearing none but Allah. And I was one of those who opened (conquered) the treasures of Khosrau, son of Hurmuz. If you should live long, you will see what the Prophet Abu-l-Qasim had said: 'A person will come out with a handful. of gold...etc.

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."