Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, "Is this thing in my land? I adjure you, you must tell me." Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan. If he does not bring four witnesses, then let him be completely handed over," (to the relatives of the murdered man).

Malik related to me that he had heard that Umar ibn al-Khattab estimated the full blood-money for the people of urban areas. For those who had gold, he made it one thousand dinars. and for those who had silver he made it ten thousand dirhams.

Malik said, "The people of gold are the people of ash-Sham and the people of Egypt. The people of silver are the people of Iraq "

Yahya related to me from Malik that he heard that the blood-money was divided into instalments over three or four years.

Malik said, "Three is the most preferable to me of what I have heard on that."

Malik said, "The generally agreed on way of doing things in our community is that camels are not accepted from the people of cities for blood-money nor is gold or silver accepted from the desert people. Silver is not accepted from the people of gold and gold is not accepted from the people of silver."

I heard the truthful and trusted by Allah (i.e., the Prophet ) saying, "The destruction of my followers will be through the hands of young men from Quraish."

`Abdullah bin `Umar said: "A man got up in the mosque and said: O Allah's Apostle 'At which place you order us that we should assume the Ihram?' Allah's Apostle replied, 'The residents of Medina should assure the Ihram from Dhil-Hulaifa, the people of Syria from Al-Juhfa and the people of Najd from Qarn." Ibn `Umar further said, "The people consider that Allah's Apostle had also said, 'The residents of Yemen should assume Ihram from Yalamlam.' " Ibn `Umar used to say, "I do not: remember whether Allah's Apostle had said the last statement or not?"

That the Messenger of Allah (saws) said: "Do not sell the (slave) female singers, not purchase them, nor teach them (to sing). And there is no good in trading in them, and their prices are unlawful. It was about the likes of this that this Ayah was revealed: And among mankind is he who purchases idle talk to divert from the way of Allah."

[He said:] There is narration about this from 'Umar bin Al-Khattab.

[Abu 'Eisa said:] We only know of the Hadith of Abu Umamah, like this, from this route. Some of the people of knowledge have criticized 'Ali bin Yazid (one of the narrators) and graded him weak, and he is from Ash-Sham.

I went to Sham and was offering a two-rak`at prayer; I said, "O Allah! Bless me with a (pious) companion." Then I saw an old man coming towards me, and when he came near I said, (to myself), "I hope Allah has given me my request." The man asked (me), "Where are you from?" I replied, "I am from the people of Kufa." He said, "Weren't there amongst you the Carrier of the (Prophet's) shoes, Siwak and the ablution water container? Weren't there amongst you the man who was given Allah's Refuge from the Satan? And weren't there amongst you the man who used to keep the (Prophet's) secrets which nobody else knew? How did Ibn Um `Abd (i.e. `Abdullah bin Mas`ud) use to recite Surat-al-lail (the Night:92)?" I recited:-- "By the Night as it envelops By the Day as it appears in brightness. And by male and female." (92.1- 3) On that, Abu Darda said, "By Allah, the Prophet made me read the Verse in this way after listening to him, but these people (of Sham) tried their best to let me say something different."

Ayyub ibn Bushayr ibn Ka'b al-Adawi quoted a man of Anazah who said that he asked AbuDharr when he left Syria: I wish to ask you about a tradition of the Messenger of Allah (saws). He said: I shall tell you except that it is something secret. Did the Messenger of Allah (saws) shake hands with you when you met him? He replied: I never met him without his shaking hands with me. One day he sent for me when I was not at home. When I came I was informed that he had sent for me. I came to him and found him on a couch. He embraced me and that was better and better.

The freed slave of Abu Qilaba, who was with Abu Qilaba in Sham: `Umar bin `Abdul `Aziz consulted the people saying, "What do you think of Qasama." They said, "'It is a right (judgment) which Allah's Apostle and the Caliphs before you acted on." Abu Qilaba was behind `Umar's bed. 'Anbasa bin Sa`id said, But what about the narration concerning the people of `Uraina?" Abu Qilaba said, "Anas bin Malik narrated it to me," and then narrated the whole story.

`Umar bin Al-Khattab departed for Sham and when he reached Sargh, the commanders of the (Muslim) army, Abu 'Ubaida bin Al-Jarrah and his companions met him and told him that an epidemic had broken out in Sham. `Umar said, "Call for me the early emigrants." So `Umar called them, consulted them and informed them that an epidemic had broken out in Sham. Those people differed in their opinions. Some of them said, "We have come out for a purpose and we do not think that it is proper to give it up," while others said (to `Umar), "You have along with you. other people and the companions of Allah's Apostle so do not advise that we take them to this epidemic." `Umar said to them, "Leave me now." Then he said, "Call the Ansar for me." I called them and he consulted them and they followed the way of the emigrants and differed as they did. He then said to them, Leave me now," and added, "Call for me the old people of Quraish who emigrated in the year of the Conquest of Mecca." I called them and they gave a unanimous opinion saying, "We advise that you should return with the people and do not take them to that (place) of epidemic." So `Umar made an announcement, "I will ride back to Medina in the morning, so you should do the same." Abu 'Ubaida bin Al-Jarrah said (to `Umar), "Are you running away from what Allah had ordained?" `Umar said, "Would that someone else had said such a thing, O Abu 'Ubaida! Yes, we are running from what Allah had ordained to what Allah has ordained. Don't you agree that if you had camels that went down a valley having two places, one green and the other dry, you would graze them on the green one only if Allah had ordained that, and you would graze them on the dry one only if Allah had ordained that?" At that time `Abdur-Rahman bin `Auf, who had been absent because of some job, came and said, "I have some knowledge about this. I have heard Allah's Apostle saying, 'If you hear about it (an outbreak of plague) in a land, do not go to it; but if plague breaks out in a country where you are staying, do not run away from it.' " `Umar thanked Allah and returned to Medina.

Malik related to me from Yahya ibn Said from Abu Bakr ibn Hazm that a boy from Ghassan was dying in Madina while his heir was in Syria. That was mentioned to Umar ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest."

Yahya ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognise what they will. Someone who has not enough wits to recognise what he wills, and is overcome in his intellect, cannot make a bequest."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Muhayriz that a man from the Kinana tribe called al-Mukhdaji heard a man in Syria known as Abu Muhammad saying, "The witr is obligatory (fard)." Al-Mukhdaji said, "I went to Ubada ibn as-Samit and presented myself to him as he was going to the mosque, and told him what Abu Muhammad had said. Ubada said that Abu Muhammad had lied and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Allah the Majestic and Mighty has written five prayers for mankind, and whoever does them and does not waste anything of them by making light of what is due to them, there is a pact for him with Allah that He will admit him into the Garden.Whoever does not do them, there is no pact for him with Allah. If He wishes, He punishes him, and if He wishes, He admits him into the Garden.' "

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.

I passed by a place called Ar-Rabadha and by chance I met Abu Dhar and asked him, "What has brought you to this place?" He said, "I was in Sham and differed with Muawiya on the meaning of (the following verses of the Qur'an): 'They who hoard up gold and silver and spend them not in the way of Allah.' (9.34). Muawiya said, 'This verse is revealed regarding the people of the scriptures." I said, It was revealed regarding us and also the people of the scriptures." So we had a quarrel and Mu'awiya sent a complaint against me to `Uthman. `Uthman wrote to me to come to Medina, and I came to Medina. Many people came to me as if they had not seen me before. So I told this to `Uthman who said to me, "You may depart and live nearby if you wish." That was the reason for my being here for even if an Ethiopian had been nominated as my ruler, I would have obeyed him .

Amr ibn Maymun al-Awdi said: Mu'adh ibn Jabal, the Messenger of the Messenger of Allah (saws) came to us in Yemen, I heard his takbir (utterance of AllahuAkbar) in the dawn prayer. He was a man with loud voice. I began to love him. I did depart from him until I buried him dead in Syria (i.e. until his death).

Then I searched for a person who had deep understanding in religion amongst the people after him. So I came to Ibn Mas'ud and remained in his company until his death. He (Ibn Mas'ud) said: The Messenger of Allah (saws) said to me: How will you act when you are ruled by rulers who say prayer beyond its proper time? I said: What do you command me, Messenger of Allah, if I witness such a time? He replied: Offer the prayer at its proper time and also say your prayer along with them as a supererogatory prayer.

Um Haram said, "Once the Prophet slept in my house near to me and got up smiling. I said, 'What makes you smile?' He replied, 'Some of my followers who (i.e. in a dream) were presented to me sailing on this green sea like kings on thrones.' I said, 'O Allah's Apostle! Invoke Allah to make me one of them." So the Prophet invoked Allah for her and went to sleep again. He did the same (i.e. got up and told his dream) and Um Haran repeated her question and he gave the same reply. She said, "Invoke Allah to make me one of them." He said, "You are among the first batch." Later on it happened that she went out in the company of her husband 'Ubada bin As-Samit who went for Jihad and it was the first time the Muslims undertook a naval expedition led by Mu awiya. When the expedition came to an end and they were returning to Sham, a riding animal was presented to her to ride, but the animal let her fall and thus she died.

A man said: Messenger of Allah, a man wishes to take part in jihad in Allah's path desiring some worldly advantage? The Prophet (saws) said: He will have not reward. The people thought it terrible, and they said to the man: Go back to the Messenger of Allah (saws), for you might not have made him understand well. He, therefore, (went and again) asked: Messenger of Allah, a man wishes to take part in jihad in Allah's path desiring some worldly advantage? He replied: There is no reward for him. They again said to the man: Return to the Messenger of Allah. He, therefore, said to him third time. He replied: There is no reward for him.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"

When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '

A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "

When Allah's Apostle emigrated to Medina, Abu Bakr and Bilal got a fever. I entered upon them and asked, "O my father! How are you? O Bilal! How are you?" Whenever fever attacked Abu Bakr, he would recite the following poetic verses: 'Everybody is staying alive among his people, yet death is nearer to him than his shoe laces." And whenever the fever deserted Bilal, he would recite (two poetic lines): 'Would that I could stay overnight in a valley wherein I would be surrounded by Idhkhir and Jalil (two kinds of good smelling grass). Would that one day I would drink of the water of Majinna and would that Shama and Tafil (two mountains at Mecca) would appear to me.' Then I came and informed Allah's Apostle about that, whereupon he said, "O Allah! Make us love Medina as much or more than we love Mecca. O Allah! Make it healthy and bless its Mudd and Sa for us, and take away its fever and put it in Al Juhfa."

When Allah's Apostle emigrated to Medina, Abu Bakr and Bilal had a fever. I entered upon them and said, "O my father! How are you? O Bilal! How are you?" Whenever Abu Bakr got the fever he used to say, "Everybody is staying alive with his people, yet death is nearer to him than his shoe laces." And when fever deserted Bilal, he would recite (two poetic verses): "Would that I could stay overnight in a valley wherein I would be surrounded by Idhkhir and Jalil (two kinds of good smelling grass). Would that one day I could drink of the water of Majinna, and would that Shama and Tafil (two mountains at Mecca) would appear to me!" I went to Allah's Apostle and informed him about that. He said, "O Allah! Make us love Medina as much or more than we love Mecca, and make it healthy, and bless its Sa and its Mudd, and take away its fever and put it in Al-Juhfa." (See Hadith No 558) .

`Abdullah bin Shaddad and Abu Burda sent me to `Abdullah bin Abi `Aufa and told me to ask `Abdullah whether the people in the lifetime of the Prophet used to pay in advance for wheat (to be delivered later). `Abdullah replied, "We used to pay in advance to the peasants of Sham for wheat, barley and olive oil of a known specified measure to be delivered in a specified period." I asked (him), "Was the price paid (in advance) to those who had the things to be delivered later?" `Abdullah bin `Aufa replied, "We did not use to ask them about that." Then they sent me to `Abdur Rahman bin Abza and I asked him. He replied, "The companions of the Prophet used to practice Salam in the lifetime of the Prophet; and we did not use to ask them whether they had standing crops or not."

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him ...

'Alaqama went to Sham and came to the mosque and offered a two-rak`at prayer, and invoked Allah: "O Allah! Bless me with a (pious) good companion." So he sat beside Abu Ad-Darda' who asked, "From where are you?" He said, "From the people of Kufa." Abu Darda' said, "Wasn't there among you the person who keeps the secrets (of the Prophet ) which nobody knew except him (i.e., Hudhaifa (bin Al-Yaman)). And isn't there among you the person whom Allah gave refuge from Satan through the request (tongue) of Allah's Apostle? (i.e., `Ammar). Isn't there among you the one who used to carry the Siwak and the cushion (or pillows (of the Prophets)? (i.e., Ibn Mas`ud). How did Ibn Mas`ud use to recite 'By the night as it conceals (the light)?" (Sura 92). 'Alqama said, "Wadhdhakari Wal Untha' (And by male and female.") Abu Ad-Darda added. 'These people continued to argue with me regarding it till they were about to cause me to have doubts although I heard it from Allah's Apostle."

'Alqama went to Sham and when he entered the mosque, he said, "O Allah ! Bless me with a pious companion." So he sat with Abu Ad-Darda. Abu Ad-Darda' asked him, "Where are you from?" 'Alqama replied, "From the people of Kufa." Abu Ad-Darda said, "Isn't there amongst you the Keeper of the secret which nobody else knows i.e. Hudhaifa?" Al-qama said, "Yes." Then Abu Ad-Darda further said, "Isn't there amongst you the person whom Allah gave Refuge from Satan through the invocation of His Prophet namely `Ammar?" Alqama replied in the affirmative Abu Ad-Darda said, "Isn't there amongst you the person who carries the Siwak (or the Secret) (i.e. of the Prophet namely `Abdullah bin Massud)?" Alqama said, "Yes." Then Abu Ad-Darda asked, "How (Abdullah bin Masud) used to recite the Sura starting with: "By the night as it envelopes; By the day as it appears in brightness?" (92.1-2). Alqama said "And by male and female." Abu Ad-Darda then said, "These people (of Sham) tried hard to make me accept something other than what I had heard from the Prophet."

When Allah's Apostle came to Medina, Abu Bakr and Bilal got fever, and I went to both of them and said, "O my father, how do you feel? O Bilal, how do you feel?" Whenever Abu Bakr's fever got worse, he would say, "Every man will meet his death once in one morning while he will be among his family, for death is really nearer to him than his leather shoe laces (to his feet)." And whenever fever deserted Bilal, he would say aloud, "Would that I know whether I shall spend a night in the valley (of Mecca) with Idhkhir and Jalil (i.e. kinds of grass) around me, and whether I shall drink one day the water of Mijannah, and whether I shall see once again the hills of Shamah and Tafil?" Then I went to Allah's Apostle and told him of that. He said, "O Allah, make us love Medina as much as or more than we used to love Mecca, O Allah, make it healthy and bless its Sa' and Mud (i.e. measures), and take away its fever to Al-Juhfa."

My father told me that he was a companion of Abu Darda'. There was in Damascus a man from the companions of the Prophet (saws), called Ibn al-Hanzaliyyah. He was a recluse and rarely met the people. He remained engaged in prayer. When he was not praying he was occupied in glorifying Allah and exalting Him until he went to his family. Once he passed us when we were with AbudDarda'.

AbudDarda' said to him: Tell us a word which benefits us and does not harm you.

He said: The Messenger of Allah (saws) sent out a contingent and it came back. One of the men came and sat in the place where the Messenger of Allah (saws) used to sit, and he said to a man beside him: Would that you saw us when we met the enemy and so-and-so attacked and cut through a lance.

He said: Take it from me and I am a boy of the tribe Ghifar. What do you think about his statement?

He replied: I think his reward was lost. Another man heard it and said: I do not think that there is any harm in it. They quarrelled until the Messenger of Allah (saws) heard it, and he said: Glory be to Allah! There is no harm if he is rewarded and praised. I saw that AbudDarda' was pleased with it and began to raise his hand to him and say: Did you hear it from the Messenger of Allah (saws)?

He said: Yes. He continued to repeat it to him so often that I thought he was going to kneel down. He said: On another day he again passed us.

AbudDarda' said to him: (Tell us) a word which benefits us and does not harm you.

He said: The Messenger of Allah (saws) said to us: One who spends on (the maintenance of) horses (for jihad) is like the one who spreads his hand to give alms (sadaqah) and does not withhold it. He then passed us on another day.

AbudDarda' said to him: (Tell us) a word which benefits us and does no harm to you.

He said: The Messenger of Allah (saws) said: Khuraym al-Asadi would be a fine man were it not for the length of his hair, which reaches the shoulders, and the way he lets his lower garment hang down. When Khuraym heard that, he hurriedly, took a knife, cut his hair in line with his ears and raised his lower garment half way up his legs. He then passed us on another day.

AbudDarda' said to him: (tell us) a word which benefits us and does not harm you.

He said: I heard the Messenger of Allah (saws) ...

Makhul said: I was the slave of a woman of Banu Hudhayl; afterwards she emancipated me. I did not leave Egypt until I had acquired all the knowledge that seemed to me to exist there.

I then came to al-Hijaz and I did not leave it until I had acquired all the knowledge that seemed to be available.

Then I came to al-Iraq, and I did not leave it until I had acquired all the knowledge that seemed to be available.

I then came to Syria, and besieged it. I asked everyone about giving rewards from the booty. I did not find anyone who could tell me anything about it.

I then met an old man called Ziyad ibn Jariyah at-Tamimi. I asked him: Have you heard anything about giving rewards from the booty? He replied: Yes. I heard Maslamah al-Fihri say: I was present with the Prophet (saws).

He gave a quarter of the spoils on the outward journey and a third on the return journey.

When the Messenger of Allah (saws) went on a journey, the last member of his family he saw was Fatimah, and the first he visited on his return was Fatimah. Once when he returned from an expedition she had hung up a hair-cloth, or a curtain, at her door, and adorned al-Hasan and al-Husayn with silver bracelets. So when he arrived, he did not enter. Thinking that he had been prevented from entering by what he had seen, she tore down the curtain, unfastened the bracelets from the boys and cut them off.

They went weeping to the Messenger of Allah (saws), and when he had taken them from them, he said: Take this to so and so's family. Thawban. In Medina, these are my family, and I did not like them to enjoy their good things in the present life. Buy Fatimah a necklace or asb, Thawban, and two ivory bracelets.

I went to Sham and offered a two-rak`at prayer and then said, "O Allah! Bless me with a good pious companion." So I went to some people and sat with them. An old man came and sat by my side. I asked, "Who is he?" They replied, "(He is) Abu-Ad-Darda.' I said (to him), "I prayed to Allah to bless me with a pious companion and He sent you to me." He asked me, "From where are you?" I replied, "From the people of Al-Kufa." He said, "Isn't there amongst you Ibn Um `Abd, the one who used to carry the shoes, the cushion(or pillow) and the water for ablution? Is there amongst you the one whom Allah gave Refuge from Satan through the request of His Prophet. Is there amongst you the one who keeps the secrets of the Prophet which nobody knows except him?" Abu Darda further asked, "How does `Abdullah (bin Mas`ud) recite the Sura starting with, 'By the Night as it conceals (the light)." (92.1) Then I recited before him: 'By the Night as it envelops: And by the Day as it appears in brightness; And by male and female.' (91.1-3) On this Abu Ad-Darda' said, "By Allah, the Prophet made me recite the Sura in this way while I was listening to him (reciting it).

On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.

Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.

Umar reported the Messenger of Allah (saws) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).

He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.

The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.

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

When Allah's Apostle reached Medina, Abu Bakr and Bilal became ill. When Abu Bakr's fever got worse, he would recite (this poetic verse): "Everybody is staying alive with his People, yet Death is nearer to him than His shoe laces." And Bilal, when his fever deserted him, would recite: "Would that I could stay overnight in A valley wherein I would be Surrounded by Idhkhir and Jalil (kinds of goodsmelling grass). Would that one day I could Drink the water of the Majanna, and Would that (The two mountains) Shama and Tafil would appear to me!" The Prophet said, "O Allah! Curse Shaiba bin Rabi`a and `Utba bin Rabi`a and Umaiya bin Khalaf as they turned us out of our land to the land of epidemics." Allah's Apostle then said, "O Allah! Make us love Medina as we love Mecca or even more than that. O Allah! Give blessings in our Sa and our Mudd (measures symbolizing food) and make the climate of Medina suitable for us, and divert its fever towards Aljuhfa." Aisha added: When we reached Medina, it was the most unhealthy of Allah's lands, and the valley of Bathan (the valley of Medina) used to flow with impure colored water.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik ...

Abu Dawud said : this tradition has also been transmitted by Abu sa’id through a different chain of narrators to the same effect. A man has narrated in this version from Ibn-Ulayyah one sa’ of wheat. But this version is not guarded.

Yahya related to me from Malik from Abdullah ibn Yazid, the mawla of al-Aswad ibn Sufyan from Abu Salama ibn Abd ar-Rahman ibn Awf from Fatima bint Qays that Abu Amr ibn Hafs divorced her absolutely while he was away in Syria. His agent sent her some barley and she was displeased with it, saying, "By Allah, I don't expect anything from you." She went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned it to him. He said, "You have no maintenance." He then ordered her to spend her idda in the house of Umm Sharik. Then he said, "This is a woman whom my companions visit. Spend the idda in the house of Ibn Umm Maktum. He is a blind man and you can undress at his home. When you are free to remarry, tell me."

She continued, "When I was free to remarry, I mentioned to him that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham had asked for me in marriage. The Messenger of Allah, may Allah bless him and grant him peace, said, 'As for Abu Jahm, he never puts down his stick from his shoulder (i.e. he is always travelling), and as for Muawiya he is a poor man with no property. Marry Usama ibn Zayd.' I objected to him and he said, 'Marry Usama ibn Zayd,' so I married him, and Allah put good in it and I was content with him."

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

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

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

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