Yahya related to me from Malik from Yahya ibn Said from 'Amra bint Abd ar-Rahman from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a jewish woman came to beg from her and said, "May Allah give you refuge from the punishment of the grave." So A'isha asked the Messenger of Allah, may Allah bless him and grant him peace, "Are people punished in their graves?", and the Messenger of Allah, may Allah bless him and grant him peace, took refuge in Allah from that. Then one morning the Messenger of Allah, may Allah bless him and grant him peace, went out on a journey and there was an eclipse of the sun, and he returned in the late morning and passed through his apartments. Then he stood and prayed, and the people stood behind him. He stood for a long time, and then went into ruku for a long time. Then he rose and stood for a long time, though less than the first time, and then went into ruku for a long time, though less than the first time. Then he rose, and went down into sajda. Then he stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose and stood for a long time, though less than the time before, and then went into ruku for a long time, though less than the time before. Then he rose, and went down into sajda. When he had finished he said what Allah willed him to say, and then he told them to seek protection for themselves from the punishment of the grave."

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.

The Prophet (saws) said: Seek it (laylat al-Qadr) in the last ten days of Ramadan. Seek it on the ninth, seventh and fifth night. I (AbuNadrah) said: You know counting better than us, AbuSa'id. He said: Yes. I asked: What do you mean by the ninth, seventh and fifth night? He said: When the twenty-first night passes, the night which follows it is the night; when the twenty-third night passes, the night which follows it is the seventh; when the twenty-fifth passes, the night which follows it is the fifth.

Abu Dawud said: I do not know whether anything remained hidden from me or not.

A man came to the Messenger of Allah (saws) and said: I have property left by a man of Azd. I do not find any man of Azd to give it to him. He said: Go and look for man of Azd for a year. He then came to him after one year and said: Messenger of Allah, I did not find any man of Azd to give it to him. He said: Look for a man of Khuza'ah whom you meet first and give it to him. When he turned away, he said; Call the man to me. When he came to him, he said: Look for the leading man of Khuza'ah and give it to him.

The Messenger of Allah (saws) sent me to the Yemen as judge, and I asked: Messenger of Allah, are you sending me when I am young and have no knowledge of the duties of a judge? He replied: Allah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say; for it is best that you should have a clear idea of the best decision. He said: I had been a judge (for long); or he said (the narrator is doubtful): I have no doubts about a decision afterwards.

[Al-Bukhari and Muslim].

When the delegates of the tribe of Hawazin came to the Prophet he stood up amongst the people, Glorified and Praised Allah as He deserved, and said, "Then after: Your brethren have come to you with repentance and I see it logical to return to them their captives; so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you like to stick to his share till we give him his right from the very first Fai (war booty) (1) which Allah will bestow on us, then (he can do so)." The people replied, "We do that (to return the captives) willingly as a favor for your sake."

Yahya said that he heard Malik say, "The way of doing things in our community about which there is no dispute, is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed, he cannot take back any of it because he cannot reclaim any sadaqa."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt, which people claim from him, and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it.

"If a man gives his son or daughter something and a woman marries the man, and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back, or, if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given, then the father says, 'I will take that back,' then the father cannot take back any of that from the son or daughter if it is as I have described to you."

Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired.

Malik said, "If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it."

Malik said, "There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. "

Malik said, "There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone."

Malik said, "The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional."

Yazid ibn Hurmuz said: Najdah wrote to Ibn Abbas asking him about such-and-such, and such-and-such, and he mentioned some things; he (asked) about a slave whether he would get something from the spoils; and he (asked) about women whether they used to go out (on expeditions) along with the Messenger of Allah (saws), and whether they would be allotted a share, Ibn Abbas said: Had I not apprehended a folly, I would not have written (a reply) to him. As for the slave, he was given a little of the spoils (as a reward from the booty); as to the women, they would treat the wounded and supply water.

While we were with the Prophet, he said, "Will you swear to me the pledge of allegiance that you will not worship any thing besides Allah, will not commit illegal sexual intercourse, and will not steal?" Then he recited the Verse concerning the women. (Sufyan, the subnarrator, often said that the Prophet: added, "Whoever among you fulfills his pledge, will receive his reward from Allah, and whoever commits any of those sins and receives the legal punishment (in this life), his punishment will be an expiation for that sin; and whoever commits any of those sins and Allah screens him, then it is up to Allah to punish or forgive them."

Three principles were established because of Barira: (i) When Banra was manumitted she was given the option (to remain with her slave husband or not). (ii) Allah's Apostle said "The Wala of the slave) is for the one who manumits (the slave). (iii) When Allah's Apostle entered (the house), he saw a cooking pot on the fire but he was given bread and meat soup from the soup of the home. The Prophet said, "Didn't I see the cooking pot (on the fire)?" It was said, "That is the meat given in charity to Barira, and you do not eat the (things given in) charity." The Prophet said, "It is an object of charity for Barira, and it is a present for us."

(the wife of the Prophet) that while Allah's Apostle was with her, she heard a voice of a man asking permission to enter the house of Hafsa. `Aisha added: I said, "O Allah's Apostle! This man is asking permission to enter your house." The Prophet said, "I think he is so-and-so," naming the foster-uncle of Hafsa. `Aisha said, "If so-and-so," naming her foster uncle, "were living, could he enter upon me?" The Prophet said, "Yes, for foster suckling relations make all those things unlawful which are unlawful through corresponding birth (blood) relations."

My foster uncle came and asked permission (to enter) but I refused to admit him till I asked Allah's Apostle about that. He said, "He is your uncle, so allow him to come in." I said, "O Allah's Apostle! I have been suckled by a woman and not by a man." Allah's Apostle said, "He is your uncle, so let him enter upon you." And that happened after the order of Al-Hijab (compulsory veiling) was revealed. All things which become unlawful because of blood relations are unlawful because of the corresponding foster suckling relations.

`Umar delivered a sermon on the pulpit of Allah's Apostle, saying, "Alcoholic drinks were prohibited by Divine Order, and these drinks used to be prepared from five things, i.e., grapes, dates, wheat, barley and honey. Alcoholic drink is that, that disturbs the mind." `Umar added, "I wish Allah's Apostle had not left us before he had given us definite verdicts concerning three matters, i.e., how much a grandfather may inherit (of his grandson), the inheritance of Al-Kalala (the deceased person among whose heirs there is no father or son), and various types of Riba(1 ) (usury) ."

Allah's Apostle ordered us to do seven things and forbade us from seven. He ordered us to visit the sick, to follow funeral processions, (to say) to a sneezer, (May Allah bestow His Mercy on you, if he says, Praise be to Allah), to accept invitations, to greet (everybody), to help the oppressed and to help others to fulfill their oaths. He forbade us to wear gold rings, to drink in silver (utensils), to use Mayathir (silken carpets placed on saddles), to wear Al-Qissi (a kind of silken cloth), to wear silk, Dibaj or Istabraq (two kinds of silk).

Allah's Apostle taught me the Tashah-hud as he taught me a Sura from the Qur'an, while my hand was between his hands. (Tashah-hud was) all the best compliments and the prayers and the good things are for Allah. Peace and Allah's Mercy and Blessings be on you, O Prophet! Peace be on us and on the pious slaves of Allah, I testify that none has the right to be worshipped but Allah, and I also testify that Muhammad is Allah's slave and His Apostle. (We used to recite this in the prayer) during the lifetime of the Prophet , but when he had died, we used to say, "Peace be on the Prophet."

Allah's Apostle was asked about things which he disliked, and when the people asked too many questions, he became angry and said, "Ask me (any question)." A man got up and said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." Then another man got up and said, "O Allah's Apostle! Who is my father?" The Prophet said, "Your father is Salim, Maula Shaiba." When `Umar saw the signs of anger on the face of Allah's Apostle, he said, "We repent to Allah."

The Prophet was asked about things which he did not like, but when the questioners insisted, the Prophet got angry. He then said to the people, "Ask me anything you like." A man asked, "Who is my father?" The Prophet replied, "Your father is Hudhafa." Then another man got up and said, "Who is my father, O Allah's Apostle ?" He replied, "Your father is Salim, Maula (the freed slave) of Shaiba." So when `Umar saw that (the anger) on the face of the Prophet he said, "O Allah's Apostle! We repent to Allah (Our offending you).

`Aisha said, "We set out with the sole intention of performing Hajj and when we reached Sarif, (a place six miles from Mecca) I got my menses. Allah's Apostle came to me while I was weeping. He said 'What is the matter with you? Have you got your menses?' I replied, 'Yes.' He said, 'This is a thing which Allah has ordained for the daughters of Adam. So do what all the pilgrims do with the exception of the Tawaf (Circumambulation) round the Ka`ba." `Aisha added, "Allah's Apostle sacrificed cows on behalf of his wives."

We set out with the Prophet for Hajj and when we reached Sarif I got my menses. When the Prophet came to me, I was weeping. He asked, "Why are you weeping?" I said, "I wish if I had not performed Hajj this year." He asked, "May be that you got your menses?" I replied, "Yes." He then said, "This is the thing which Allah has ordained for all the daughters of Adam. So do what all the pilgrims do except that you do not perform the Tawaf round the Ka`ba till you are clean."

Allah's Apostle said, "When the Adhan is pronounced Satan takes to his heels and passes wind with noise during his flight in order not to hear the Adhan. When the Adhan is completed he comes back and again takes to his heels when the Iqama is pronounced and after its completion he returns again till he whispers into the heart of the person (to divert his attention from his prayer) and makes him remember things which he does not recall to his mind before the prayer and that causes him to forget how much he has prayed."

Once a meal was brought to `Abdur-Rahman bin `Auf and he was fasting. He said, "Mustab bin `Umar was martyred and he was better than I and was shrouded in his Burd and when his head was covered with it, his legs became bare, and when his legs were covered his head got uncovered. Hamza was martyred and was better than I. Now the worldly wealth have been bestowed upon us (or said a similar thing). No doubt, I fear that the rewards of my deeds might have been given earlier in this world." Then he started weeping and left his food.

I said to Ibn `Abbas, "Nauf Al-Bukah claims that Moses, the companion of Al-Khadir was not Moses (the prophet) of the children of Israel, but some other Moses." Ibn `Abbas said, "Allah's enemy (i.e. Nauf) has told a lie. Ubai bin Ka`b told us that the Prophet said, 'Once Moses stood up and addressed Bani Israel. He was asked who was the most learned man amongst the people. He said, 'I.' Allah admonished him as he did not attribute absolute knowledge to Him (Allah). So, Allah said to him, 'Yes, at the junction of the two seas there is a Slave of Mine who is more learned than you.' Moses said, 'O my Lord! How can I meet him?' Allah said, 'Take a fish and put it in a large basket and you will find him at the place where you will lose the fish.' Moses took a fish and put it in a basket and proceeded along with his (servant) boy, Yusha` bin Noon, till they reached the rock where they laid their heads (i.e. lay down). Moses slept, and the fish, moving out of the basket, fell into the sea. It took its way into the sea (straight) as in a tunnel. Allah stopped the flow of water over the fish and it became like an arch (the Prophet pointed out this arch with his hands). They travelled the rest of the night, and the next day Moses said to his boy (servant), 'Give us our food, for indeed, we have suffered much fatigue in this journey of ours.' Moses did not feel tired till he crossed that place which Allah had ordered him to seek after. His boy (servant) said to him, 'Do you know that when we were sitting near that rock, I forgot the fish, and none but Satan caused me to forget to tell (you) about it, and it took its course into the sea in an amazing way?.' So there was a path for the fish and that astonished them. Moses said, 'That was what we were seeking after.' So, both of them retraced their footsteps till they reached the rock. There they saw a man Lying covered with a garment. Moses greeted him and he replied saying, 'How do people greet each other in your land?' Moses said, 'I am Moses.' The man asked, 'Moses of Bani Israel?' Moses said, 'Yes, I have come to you so that you may teach me from those things which Allah has taught you.' He said, 'O Moses! I have some of the Knowledge of Allah which Allah has taught me, and which you do not know, while you have some of the Knowledge of Allah which Allah has taught you and which I do not know.' Moses asked, 'May I follow you?' He said, 'But you will not be able to remain patient with me for how can you be patient about things which you will not be able to understand?' (Moses said, 'You will find me, if Allah so will, truly patient, and I will not disobey you in aught.') So, both of them set out walking along the sea-shore, a boat passed by them and they asked the crew of the boat to take them on board. The crew recognized Al-Khadir and so they took them on board without fare. When they were on board the boat, a sparrow came and stood on the edge of the boat and dipped its beak once or twice into the sea. Al-Khadir said to Moses, 'O Moses! My knowledge and your knowledge have not decreased Allah's Knowledge except as much as this sparrow has decreased the water of the sea with its beak.' Then suddenly Al-Khadir took an adze and plucked a plank, and Moses did not notice it till he had plucked a plank with the adze. Moses said to him, 'What have you done? They took us on board charging us nothing; yet you I have intentionally made a hole in their boat so as to drown its passengers. Verily, you have done a dreadful thing.' Al-Khadir replied, 'Did I not tell you that you would not be able to remain patient with me?' Moses replied, 'Do not blame me for what I have forgotten, and do not be hard upon me for my fault.' So the first excuse of Moses was that he had forgotten. When they had left the sea, they passed by a boy playing with other boys. Al-Khadir took hold of the boys head and plucked it with his hand like this. (Sufyan, the sub narrator pointed with his fingertips as if he was plucking some fruit.) Moses said to him, "Have you killed an innocent person who has not killed any person? You have really done a horrible thing." Al-Khadir said, "Did I not tell you that you could not remain patient with me?' Moses said "If I ask you about anything after this, don't accompany me. You have received an excuse from me.' Then both of them went on till they came to some people of a village, and they asked its inhabitant for wood but they refused to entertain them as guests. Then they saw therein a wall which was just going to collapse (and Al Khadir repaired it just by touching it with his hands). (Sufyan, the sub-narrator, pointed with his hands, illustrating how Al-Khadir passed his hands over the wall upwards.) Moses said, "These are the people whom we have called on, but they neither gave us food, nor entertained us as guests, yet you have repaired their wall. If you had wished, you could have taken wages for it." Al-Khadir said, "This is the parting between you and me, and I shall tell you the explanation of those things on which you could not remain patient." The Prophet added, "We wished that Moses could have remained patient by virtue of which Allah might have told us more about their story. (Sufyan the sub-narrator said that the Prophet said, "May Allah bestow His Mercy on Moses! If he had remained patient, we would have been told further about their case.")

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.

Allah's Apostle said, "While I was at Mecca the roof of my house was opened and Gabriel descended, opened my chest, and washed it with Zamzam water. Then he brought a golden tray full of wisdom and faith and having poured its contents into my chest, he closed it. Then he took my hand and ascended with me to the nearest heaven, when I reached the nearest heaven, Gabriel said to the gatekeeper of the heaven, 'Open (the gate).' The gatekeeper asked, 'Who is it?' Gabriel answered: 'Gabriel.' He asked, 'Is there anyone with you?' Gabriel replied, 'Yes, Muhammad I is with me.' He asked, 'Has he been called?' Gabriel said, 'Yes.' So the gate was opened and we went over the nearest heaven and there we saw a man sitting with some people on his right and some on his left. When he looked towards his right, he laughed and when he looked toward his left he wept. Then he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' He replied, 'He is Adam and the people on his right and left are the souls of his offspring. Those on his right are the people of Paradise and those on his left are the people of Hell and when he looks towards his right he laughs and when he looks towards his left he weeps.' Then he ascended with me till he reached the second heaven and he (Gabriel) said to its gatekeeper, 'Open (the gate).' The gatekeeper said to him the same as the gatekeeper of the first heaven had said and he opened the gate. Anas said: "Abu Dhar added that the Prophet met Adam, Idris, Moses, Jesus and Abraham, he (Abu Dhar) did not mention on which heaven they were but he mentioned that he (the Prophet ) met Adam on the nearest heaven and Abraham on the sixth heaven. Anas said, "When Gabriel along with the Prophet passed by Idris, the latter said, 'Welcome! O pious Prophet and pious brother.' The Prophet asked, 'Who is he?' Gabriel replied, 'He is Idris." The Prophet added, "I passed by Moses and he said, 'Welcome! O pious Prophet and pious brother.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Moses.' Then I passed by Jesus and he said, 'Welcome! O pious brother and pious Prophet.' I asked, 'Who is he?' Gabriel replied, 'He is Jesus. Then I passed by Abraham and he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Abraham. The Prophet added, 'Then Gabriel ascended with me to a place where I heard the creaking of the pens." Ibn Hazm and Anas bin Malik said: The Prophet said, "Then Allah enjoined fifty prayers on my followers when I returned with this order of Allah, I passed by Moses who asked me, 'What has Allah enjoined on your followers?' I replied, 'He has enjoined fifty prayers on them.' Moses said, 'Go back to your Lord (and appeal for reduction) for your followers will not be able to bear it.' (So I went back to Allah and requested for reduction) and He reduced it to half. When I passed by Moses again and informed him about it, he said, 'Go back to your Lord as your followers will not be able to bear it.' So I returned to Allah and requested for further reduction and half of it was reduced. I again passed by Moses and he said to me: 'Return to your Lord, for your followers will not be able to bear it. So I returned to Allah and He said, 'These are five prayers and they are all (equal to) fifty (in reward) for My Word does not change.' I returned to Moses and he told me to go back once again. I replied, 'Now I feel shy of asking my Lord again.' Then Gabriel took me till we '' reached Sidrat-il-Muntaha (Lote tree of; the utmost boundary) which was shrouded in colors, indescribable. Then I was admitted into Paradise where I found small (tents or) walls (made) of pearls and its earth was of musk."

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

We, i.e., some people from Basra gathered and went to Anas bin Malik, and we went in company with Thabit Al-Bunnani so that he might ask him about the Hadith of Intercession on our behalf. Behold, Anas was in his palace, and our arrival coincided with his Duha prayer. We asked permission to enter and he admitted us while he was sitting on his bed. We said to Thabit, "Do not ask him about anything else first but the Hadith of Intercession." He said, "O Abu Hamza! There are your brethren from Basra coming to ask you about the Hadith of Intercession." Anas then said, "Muhammad talked to us saying, 'On the Day of Resurrection the people will surge with each other like waves, and then they will come to Adam and say, 'Please intercede for us with your Lord.' He will say, 'I am not fit for that but you'd better go to Abraham as he is the Khalil of the Beneficent.' They will go to Abraham and he will say, 'I am not fit for that, but you'd better go to Moses as he is the one to whom Allah spoke directly.' So they will go to Moses and he will say, 'I am not fit for that, but you'd better go to Jesus as he is a soul created by Allah and His Word.' (Be: And it was) they will go to Jesus and he will say, 'I am not fit for that, but you'd better go to Muhammad.' They would come to me and I would say, 'I am for that.' Then I will ask for my Lord's permission, and it will be given, and then He will inspire me to praise Him with such praises as I do not know now. So I will praise Him with those praises and will fall down, prostrate before Him. Then it will be said, 'O Muhammad, raise your head and speak, for you will be listened to; and ask, for your will be granted (your request); and intercede, for your intercession will be accepted.' I will say, 'O Lord, my followers! My followers!' And then it will be said, 'Go and take out of Hell (Fire) all those who have faith in their hearts, equal to the weight of a barley grain.' I will go and do so and return to praise Him with the same praises, and fall down (prostrate) before Him. Then it will be said, 'O Muhammad, raise your head and speak, for you will be listened to, and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will say, 'O Lord, my followers! My followers!' It will be said, 'Go and take out of it all those who have faith in their hearts equal to the weight of a small ant or a mustard seed.' I will go and do so and return to praise Him with the same praises, and fall down in prostration before Him. It will be said, 'O, Muhammad, raise your head and speak, for you will be listened to, and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will say, 'O Lord, my followers!' Then He will say, 'Go and take out (all those) in whose hearts there is faith even to the lightest, lightest mustard seed. (Take them) out of the Fire.' I will go and do so."' When we left Anas, I said to some of my companions, "Let's pass by Al-Hasan who is hiding himself in the house of Abi Khalifa and request him to tell us what Anas bin Malik has told us." So we went to him and we greeted him and he admitted us. We said to him, "O Abu Sa`id! We came to you from your brother Anas Bin Malik and he related to us a Hadith about the intercession the like of which I have never heard." He said, "What is that?" Then we told him of the Hadith and said, "He stopped at this point (of the Hadith)." He said, "What then?" We said, "He did not add anything to that." He said, Anas related the Hadith to me twenty years ago when he was a young fellow. I don't know whether he forgot or if he did not like to let you depend on what he might have said." We said, "O Abu Sa`id ! Let us know that." He smiled and said, "Man was created hasty. I did not mention that, but that I wanted to inform you of it. Anas told me the same as he told you and said that the Prophet added, 'I then return for a fourth time and praise Him similarly and prostrate before Him me the same as he 'O Muhammad, raise your head and speak, for you will be listened to; and ask, for you will be granted (your request): and intercede, for your intercession will be accepted .' I will say, 'O Lord, allow me to intercede for whoever said, 'None has the right to be worshiped except Allah.' Then Allah will say, 'By my Power, and my Majesty, and by My Supremacy, and by My Greatness, I will take out of Hell (Fire) whoever said: 'None has the right to be worshipped except Allah.' ''

Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, "If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce."

Malik said, "That is what is done among us and there is no dispute about it."

The Prophet said, "The first man to be called on the Day of Resurrection will be Adam who will be shown his offspring, and it will be said to them, 'This is your father, Adam.' Adam will say (responding to the call), 'Labbaik and Sa`daik' Then Allah will say (to Adam), 'Take out of your offspring, the people of Hell.' Adam will say, 'O Lord, how many should I take out?' Allah will say, 'Take out ninety-nine out of every hundred." They (the Prophet's companions) said, "O Allah's Apostle! If ninety-nine out of every one hundred of us are taken away, what will remain out of us?" He said, "My followers in comparison to the other nations are like a white hair on a black ox."

Zainab bint Abu Salama told me these three narrations: Zainab said: I went to Um Habiba, the wife of the Prophet when her father, Abu- Sufyan bin Herb had died. Um ,Habiba asked for a perfume which contained yellow scent (Khaluq) or some other scent, and she first perfumed one of the girls with it and then rubbed her cheeks with it and said, "By Allah, I am not in need of perfume, but I have heard Allah's Apostle saying, 'It is not lawful for a lady who believes in Allah and the Last Day to mourn for a dead person for more than three days unless he is her husband for whom she should mourn for four months and ten days.'"

The first people who came to us (in Medina) were Mus`ab bin `Umar and Ibn Um Maktum who were teaching Qur'an to the people. Then their came Bilal. Sa`d and `Ammar bin Yasir. After that `Umar bin Al-Khattab came along with twenty other companions of the Prophet. Later on the Prophet himself (to Medina) and I had never seen the people of Medina so joyful as they were on the arrival of Allah's Apostle, for even the slave girls were saying, "Allah's Apostle has arrived!" And before his arrival I had read the Sura starting with:-- "Glorify the Name of your Lord, the Most High" (87.1) together with other Suras of Al-Mufassal.

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

Yahya related to me from Malik from Abd arRahman ibn al-Qasim from his father that A'isha umm al-muminin said, "We went out on a journey with the Messenger of Allah, may Allah bless him and grant him peace, and, when we came to Bayda' or Dhat al-Jaysh, a necklace of mine broke. The Messenger of Allah, may Allah bless him and grant him peace, stopped to look for it and the people stopped with him. There was no water nearby and the people were not carrying any with them, so they came to Abu Bakr as-Siddiq and said, 'Don't you see what A'isha has done? She has made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them.' "

A'isha continued, "Abu Bakr came and the Messenger of Allah, may Allah bless him and grant him peace, had fallen asleep with his head on my thigh . Abu Bakr said, 'You have made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them ' "

She continued, "Abu Bakr remonstrated with me and said whatever Allah willed him to say, and began to poke me in the waist. The only thing that stopped me from moving was that the Messenger of Allah, may Allah bless him and grant him peace, had his head on my thigh. The Messenger of Allah, may Allah bless him and grant him peace, slept until morning found him with no water. Allah, the Blessed and Exalted, sent down the ayat of tayammum and so they did tayammum. Usayd ibn Hudayr said, 'This is not the first baraka from you, O family of Abu Bakr.'"

A'isha added, "We roused the camel I had been on and found the necklace under it."

Malik was asked whether a man who did tayammum for one prayer should do tayammum when the time of the next prayer came or whether the first tayammum was enough. He said, "No, he does tayammum for every prayer, because he has to look for water for every prayer. If he looks for it and does not find it then he does tayammum."

Malik was asked whether a man who did tayammum could lead others in prayer if they were in wudu. He said, "I prefer that someone else should lead them. However, I see no harm in it if he does lead them in prayer."

Yahya said that Malik said that a man who did tayammum because he could not find any water, and then stood and said the takbir and entered into the prayer, and then someone came with some water, did not stop his prayer but completed it with tayammum and did wudu for future prayers.

Yahya said that Malik said, "Whoever rises for prayer and does not find water and so does what Allah has ordered him to do of tayammum has obeyed Allah. Someone who does find water is neither purer than him nor more perfect in prayer, because both have been commanded and each does as Allah has commanded. What Allah has commanded as far as wudu is concerned is for the one who finds water, and tayammum is for the one who does not find water before he enters into the prayer."

Malik said that a man who was in a state of major ritual impurity could do tayammum and read his portion of Qur'an and do voluntary prayers as long as he did not find any water. This applied only to circumstances in which it was allowable to pray with tayammum.