There was a dispute between Abu Bakr and `Umar, and Abu Bakr made `Umar angry. So `Umar left angrily. Abu Bakr followed him, requesting him to ask forgiveness (of Allah) for him, but `Umar refused to do so and closed his door in Abu Bakr's face. So Abu Bakr went to Allah's Apostle while we were with him. Allah's Apostle said, "This friend of yours must have quarrelled (with somebody)." In the meantime `Umar repented and felt sorry for what he had done, so he came, greeted (those who were present) and sat with the Prophet and related the story to him. Allah's Apostle became angry and Abu Bakr started saying, "O Allah's Apostle! By Allah, I was more at fault (than `Umar)." Allah's Apostle said, "Are you (people) leaving for me my companion? (Abu Bakr), Are you (people) leaving for me my companion? When I said, 'O people I am sent to you all as the Apostle of Allah,' you said, 'You tell a lie.' while Abu Bakr said, 'You have spoken the truth ."

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) having given exemption of 'ariyya transactions measuring less than five wasqs or up to five wasqs (the narrator Dawud is in doubt whether it was five or less than five).

Allah's Apostle was asked, "What is the best deed?" He replied, "To believe in Allah and His Apostle (Muhammad). The questioner then asked, "What is the next (in goodness)? He replied, "To participate in Jihad (religious fighting) in Allah's Cause." The questioner again asked, "What is the next (in goodness)?" He replied, "To perform Hajj (Pilgrim age to Mecca) 'Mubrur, (which is accepted by Allah and is performed with the intention of seeking Allah's pleasure only and not to show off and without committing a sin and in accordance with the traditions of the Prophet)."

Once the Prophet called the Ansar in order to grant them part of the land of Bahrain. On that they said, "No! By Allah, we will not accept it unless you grant a similar thing to our Quarries brothers as well." He said, "That will be their's if Allah wishes." But when the Ansar persisted in their request, he said, "After me you will see others given preference over you in this respect (in which case) you should be patient till you meet me at the Tank (of Al-Kauthar).

Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (saws) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (saws) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (saws) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."

Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (saws) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (saws) made it a single divorce.

A man came to Sahl bin Sa`d and said, "This is so-and-so," meaning the Governor of Medina, "He is calling `Ali bad names near the pulpit." Sahl asked, "What is he saying?" He (i.e. the man) replied, "He calls him (i.e. `Ali) Abu Turab." Sahl laughed and said, "By Allah, none but the Prophet called him by this name and no name was dearer to `Ali than this." So I asked Sahl to tell me more, saying, "O Abu `Abbas! How (was this name given to `Ali)?" Sahl said, "`Ali went to Fatima and then came out and slept in the Mosque. The Prophet asked Fatima, "Where is your cousin?" She said, "In the Mosque." The Prophet went to him and found that his (i.e. `Ali's) covering sheet had slipped of his back and dust had soiled his back. The Prophet started wiping the dust off his back and said twice, "Get up! O Abu Turab (i.e. O. man with the dust).

Khalid ibn Dihqan said: When we were engaged in the battle of Constantinople at Dhuluqiyyah, a man of the people of Palestine, who was one of their nobility and elite and whose rank was known to them, came forward. He was called Hani ibn Kulthum ibn Sharik al-Kinani. He greeted Abdullah ibn Zakariyya who knew his rank.

Khalid said to us: Abdullah ibn AbuZakariyya told us: I heard Umm ad-Darda' say: I heard AbudDarda' say: I heard the Messenger of Allah (saws) say: It is hoped that Allah may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.

Hani ibn Kulthum ar-Rabi' then said: I heard Mahmud ibn ar-Rabi' transmitting a tradition from Ubadah ibn as-Samit who transmitted from the Messenger of Allah (saws) who said: If a man kills a believer unjustly, Allah will not accept any action or duty of his, obligatory or supererogatory.

Khalid then said to us: Ibn AbuZakariyya transmitted a tradition to us from Umm ad-Darda' on the authority of AbudDarda' from the Messenger of Allah (saws) who said: A believer will continue to go on quickly and well so long as he does not shed unlawful blood; when he sheds unlawful blood, he becomes slow and heavy-footed.

A similar tradition has been transmitted by Hani ibn Kulthum from Mahmud ibn ar-Rabi' on the authority of Ubadah ibn as-Samit from the Messenger of Allah (saws).

We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.

He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (saws) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.

I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.

The Prophet said, "O Allah! Make us love Medina as You made us love Mecca, or more, and transfer the fever that is in it, to Al-Juhfa. O Allah! Bless our Mudd and our Sam' (kinds of measures).

The Prophet said, "The people will be thrown into the (Hell) Fire and it will say: "Are there any more (to come)?' (50.30) till Allah puts His Foot over it and it will say, 'Qati! Qati! (Enough Enough!)'"

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

My father said, "The Prophet in Zuhr prayers used to recite Al-Fatiha along with two other Suras in the first two rak`at: a long one in the first rak`a and a shorter (Sura) in the second, and at times the verses were audible. In the `Asr prayer the Prophet used to recite Al-Fatiha and two more Suras in the first two rak`at and used to prolong the first rak`a. And he used to prolong the first rak`a of the Fajr prayer and shorten the second.

(the wife of the Prophet) The people used to come from their abodes and from Al-`Awali (i.e. outskirts of Medina up to a distance of four miles or more from Medina). They used to pass through dust and used to be drenched with sweat and covered with dust; so sweat used to trickle from them. One of them came to Allah's Apostle who was in my house. The Prophet said to him, "I wish that you keep yourself clean on this day of yours (i.e. take a bath)."

Abu Dawud said:This is the tradition of Ibn Abi Khalaf is more perfect.

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.")

Ibn ‘Umar said. `Umar (رضي الله عنه) told us: We were sitting with the Messenger of Allah (ﷺ) and he mentioned the same hadeeth, except that he said: No signs of travel were to be seen on him. And he- said: `Umar said: 1 waited for three (days), then the Messenger of Allah (ﷺ) said: “oʻUmar...”

The Prophet narrating about his Lord I'm and said, "Allah ordered (the appointed angels over you) that the good and the bad deeds be written, and He then showed (the way) how (to write). If somebody intends to do a good deed and he does not do it, then Allah will write for him a full good deed (in his account with Him); and if he intends to do a good deed and actually did it, then Allah will write for him (in his account) with Him (its reward equal) from ten to seven hundred times to many more times: and if somebody intended to do a bad deed and he does not do it, then Allah will write a full good deed (in his account) with Him, and if he intended to do it (a bad deed) and actually did it, then Allah will write one bad deed (in his account) ."

Allah's Apostle said, "When Khosrau perishes, there will be no (more) Khosrau after him, and when Caesar perishes, there will be no more Caesar after him. By Him in Whose Hands Muhammad's life is, you will spend the treasures of both of them in Allah's Cause."

Yahya related to me from Malik from Hisham ibn Urwa that Abdullah ibn az-Zubayr used to say, "Know that the whole of Arafa is a standing-place except for the middle of Urana, and that the wholeof Muzdalifa is a standing-place except for the middle of Muhassir."

Malik said, "Allah, the Blessed and Exalted says, 'There is to be no rafath, no fusuq and no jidal during the hajj.' " (Sura 2 ayat 197).

He added, "Rafath is sexual relations with women, and Allah knows best. Allah, the Blessed and Exalted says, 'Rafath with your women is permitted to you on the night of the fast.' (Sura 2 ayat 197). Fusuq are sacrifices made to idols, and Allah knows best. Allah, the Blessed and Exalted, says, 'Or a fisq offered up to other than Allah.' (Sura 2 ayat 197) Jidal (arguing) during the hajj refers to when the Quraysh used to stand near the mashar al-haram at Quzah in Muzdalifa, while the Arabs and others would stand at Arafa, and they would argue about who was the more correct. Allah, the Blessed and Exalted, says, 'And we appointed a method of sacrifice for every nation, which they followed, so let them not dispute with you about the matter, and call to your Lord. Surely you are on a straight guidance.' (Sura 22 ayat 67) This is what jidal refers to in our opinion, and Allah knows best. This I have heard from the people of knowledge."

Once we provoked a rabbit at Marr-az-Zahran. The people chased it till they got tired. Then I caught It and brought it to Abu Talha, who slaughtered it and then sent both its pelvic pieces (or legs) to the Prophet, and the Prophet accepted the present.

Allah's Apostle said, "The Hour will not be established until the son of Mary (i.e. Jesus) descends amongst you as a just ruler, he will break the cross, kill the pigs, and abolish the Jizya tax. Money will be in abundance so that nobody will accept it (as charitable gifts).

The Prophet (saws) said: Then you, Khuza'ah, have killed this man of Hudhayl, but I will pay his blood-wit. After these words of mine if a man of anyone is killed, his people will have a choice to accept blood-wit or to kill him.

I used to learn the reading of the Qur'an from Umm Sa'd, daughter of al-Rabi'. She was an orphan in the guardianship of Abu Bakr. I read the Qur'anic verse "To those also to whom your right hand was pledged." She said: Do not read the verse; "To those also to whom your right hand was pledged." This was revealed about Abu Bakr and his son 'Abd al-Rahman when he refused to accept Islam. Abu Bakr took an oath that he would not give him a share from inheritance. When he embraced Islam Allah Most High commanded His Prophet (saws) to give him the share.

The narrator 'Abd al-Aziz added: He did not accept Islam until he was urged on Islam by sword.

Abu Dawud said: He who narrated the word 'aqadat means a pact ; and he who narrated the word 'aaqadat means the party who made a pact. The correct is the tradition of Talhah ('aaqadat).

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a certain man kissed his wife while he was fasting in Ramadan. This made him very anxious, and so he sent his wife to the Prophet, may Allah bless him and grant him peace, to ask him about that for him. She went in and saw Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and mentioned the matter to her, and Umm Salama told her that the Messenger of Allah, may Allah bless him and grant him peace, used to kiss while he was fasting. So she went back and told her husband that, but it only made him find fault all the more and he said, "We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for the Messenger of Allah, may Allah bless him and grant him peace, whatever He wishes."

His wife then went back to Umm Salama and found the Messenger of Allah, may Allah bless him and grant him peace, with her. The Messenger of Allah, may Allah bless him and grant him peace, said, "What's the matter with this woman?", and Umm Salama told him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Didn't you tell her that I do that myself?" and she said, "I told her, and she went to her husband and told him, but it only made him find fault all the more and say, 'We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for His Messenger, may Allah bless him and grant him peace, whatever He wishes.' " The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I am the one with the most taqwa of Allah of you all, and of you all the one who best knows His limits."

`Umar said, "I agreed with Allah in three things," or said, "My Lord agreed with me in three things. I said, 'O Allah's Apostle! Would that you took the station of Abraham as a place of prayer.' I also said, 'O Allah's Apostle! Good and bad persons visit you! Would that you ordered the Mothers of the believers to cover themselves with veils.' So the Divine Verses of Al-Hijab (i.e. veiling of the women) were revealed. I came to know that the Prophet had blamed some of his wives so I entered upon them and said, 'You should either stop (troubling the Prophet ) or else Allah will give His Apostle better wives than you.' When I came to one of his wives, she said to me, 'O `Umar! Does Allah's Apostle haven't what he could advise his wives with, that you try to advise them?' " Thereupon Allah revealed:-- "It may be, if he divorced you (all) his Lord will give him instead of you, wives better than you Muslims (who submit to Allah).." (66.5)

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

Abu Dawud said: By sitting is meant sitting on the pulpit.

The Prophet sent some cavalry towards Najd and they brought a man from the tribe of Banu Hanifa who was called Thumama bin Uthal. They fastened him to one of the pillars of the Mosque. The Prophet went to him and said, "What have you got, O Thumama?" He replied," I have got a good thought, O Muhammad! If you should kill me, you would kill a person who has already killed somebody, and if you should set me free, you would do a favor to one who is grateful, and if you want property, then ask me whatever wealth you want." He was left till the next day when the Prophet said to him, "What have you got, Thumama? He said, "What I told you, i.e. if you set me free, you would do a favor to one who is grateful." The Prophet left him till the day after, when he said, "What have you got, O Thumama?" He said, "I have got what I told you. "On that the Prophet said, "Release Thumama." So he (i.e. Thumama) went to a garden of date-palm trees near to the Mosque, took a bath and then entered the Mosque and said, "I testify that None has the right to be worshipped except Allah, and also testify that Muhammad is His Apostle! By Allah, O Muhammad! There was no face on the surface of the earth most disliked by me than yours, but now your face has become the most beloved face to me. By Allah, there was no religion most disliked by me than yours, but now it is the most beloved religion to me. By Allah, there was no town most disliked by me than your town, but now it is the most beloved town to me. Your cavalry arrested me (at the time) when I was intending to perform the `Umra. And now what do you think?" The Prophet gave him good tidings (congratulated him) and ordered him to perform the `Umra. So when he came to Mecca, someone said to him, "You have become a Sabian?" Thumama replied, "No! By Allah, I have embraced Islam with Muhammad, Apostle of Allah. No, by Allah! Not a single grain of wheat will come to you from Yamamah unless the Prophet gives his permission."

The Prophet came visiting me while I was (sick) in Mecca, ('Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, "May Allah bestow His Mercy on Ibn Afra (Sa`d bin Khaula)." I said, "O Allah's Apostle! May I will all my property (in charity)?" He said, "No." I said, "Then may I will half of it?" He said, "No". I said, "One third?" He said: "Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah's sake will be considered as a charitable deed even the handful of food you put in your wife's mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you." At that time Sa`d had only one daughter.

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

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

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

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

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

32.4 Conditions Permitted in Qirad

When the Prophet intended to perform the `Umra he sent a person to the people of Mecca asking their permission to enter Mecca. They stipulated that he would not stay for more than three days and would not enter it except with sheathed arms and would not preach (Islam) to any of them. So `Ali bin Abi- Talib started writing the treaty between them. He wrote, "This is what Muhammad, Apostle of Allah has agreed to." The (Meccans) said, "If we knew that you (Muhammad) are the Apostle of Allah, then we would not have prevented you and would have followed you. But write, 'This is what Muhammad bin `Abdullah has agreed to..' " On that Allah's Apostle said, "By Allah, I am Muhammad bin `Abdullah, and, by Allah, I am Apostle of 'Allah." Allah's Apostle used not to write; so he asked `Ali to erase the expression of Apostle of Allah. On that `Ali said, "By Allah I will never erase it." Allah's Apostle said (to `Ali), "Let me see the paper." When `Ali showed him the paper, the Prophet erased the expression with his own hand. When Allah's Apostle had entered Mecca and three days had elapsed, the Meccans came to `Ali and said, "Let your friend (i.e. the Prophet) quit Mecca." `Ali informed Allah's Apostle about it and Allah's Apostle said, "Yes," and then he departed.

`Abdullah bin Az-Zubair was the most beloved person to `Aisha excluding the Prophet and Abu Bakr, and he in his turn, was the most devoted to her, `Aisha used not to withhold the money given to her by Allah, but she used to spend it in charity. (`Abdullah) bin AzZubair said, " `Aisha should be stopped from doing so." (When `Aisha heard this), she said protestingly, "Shall I be stopped from doing so? I vow that I will never talk to `Abdullah bin Az-Zubair." On that, Ibn Az-Zubair asked some people from Quraish and particularly the two uncles of Allah's Apostle to intercede with her, but she refused (to talk to him). Az-Zuhriyun, the uncles of the Prophet, including `Abdur-Rahman bin Al-Aswad bin `Abd Yaghuth and Al-Miswar bin Makhrama said to him, "When we ask for the permission to visit her, enter her house along with us (without taking her leave)." He did accordingly (and she accepted their intercession). He sent her ten slaves whom she manumitted as an expiation for (not keeping) her vow. `Aisha manumitted more slaves for the same purpose till she manumitted forty slaves. She said, "I wish I had specified what I would have done in case of not fulfilling my vow when I made the vow, so that I might have done it easily."

The Prophet visited me at Mecca while I was ill. I said (to him), "I have property; May I bequeath all my property in Allah's Cause?" He said, "No." I said, "Half of it?" He said, "No." I said, "One third of it?" He said, "One-third (is alright), yet it is still too much, for you'd better leave your inheritors wealthy than leave them poor, begging of others. Whatever you spend will be considered a Sadaqa for you, even the mouthful of food you put in the mouth of your wife. Anyhow Allah may let you recover, so that some people may benefit by you and others be harmed by you."

Yahya said that he had heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word, the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. "Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath, he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of."

Malik said, "All this applies when the broker takes the pledge and does not put it in the hands of another."

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

The Prophet said "There is a tree in Paradise (which is so big and huge that) a rider could travel in its shade for a hundred years. And if you wish, you can recite:--'In shade long extended..' (56. 30) and a place in Paradise equal to an arrow bow of one of you, is better than (the whole earth) on which the sun rises and sets."

Allah 's Apostle said, "Whoever loves that he be granted more wealth and that his lease of life be prolonged then he should keep good relations with his Kith and kin."

"The Messenger of Allah (saws) gave me two boys who were brothers, so I sold one of them, and the Messenger of Allah (saws) said to me: 'O, 'Ali! What happened to your boy?' So I informed him, and he said: 'Return him, return him.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge among the Companions of the Prophet (saws) and others, disliked separating between the captives when selling them.

Some of the people of knowledge permitted separating the children that were born in the land of Islam, but the first view is more correct. It has been related that Ibrahim An-Nakha'i seperated a mother and her child in a sale, so he was asked about that. He said: "I sought her permission for that and she approved."

Abu Hurairah said: (It will atone for his sins) for three days more. he further said: One is rewarded ten times for doing a good work.

Abu Dawud said: The version narrated by Muhammad b. Salamah is perfect, and Hammad did not make a mention of the statement of Abu Hurairah.