Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.

Malik related to me from Yaqub ibn Zayd ibn Talha from his father Zayd ibn Talha that Abdullah ibn Abi Mulayka informed him that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and informed him that she had committed adultery and was pregnant. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Go away until you give birth." When she had given birth, she came to him. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Go away until you have suckled and weaned the baby." When she had weaned the baby, she came to him. He said, "Go and entrust the baby to someone." She entrusted the baby to someone and then came to him. He gave the order and she was stoned.

A man came to Allah's Apostle and said, "O Allah's Apostle! Suppose a man saw another man with his wife, should he kill him whereupon you might kill him (i.e. the killer) (in Qisas) or what should he do?" So Allah revealed concerning their case what is mentioned of the order of Mula'ana. Allah's Apostle said to the man, "The matter between you and your wife has been decided." So they did Mula'ana in the presence of Allah's Apostle and I was present there, and then the man divorced his wife. So it became a tradition to dissolve the marriage of those spouses who were involved in a case of Mula'ana. The woman was pregnant and the husband denied that he was the cause of her pregnancy, so the son was (later) ascribed to her. Then it became a tradition that such a son would be the heir of his mother, and she would inherit of him what Allah prescribed for her.

A woman came to Allah's Apostle and said, "I present myself (to you) (for marriage). She stayed for a long while, then a man said, "If you are not in need of her then marry her to me." The Prophet said, "Have you got anything m order to pay her Mahr?" He said, "I have nothing with me except my Izar (waist sheet)." The Prophet said, "If you give her your Izar, you will have no Izar to wear, (so go) and search for something. He said, "I could not find anything." The Prophet said, "Try (to find something), even if it were an iron ring But he was not able to find (even that) The Prophet said (to him). "Do you memorize something of the Qur'an?" "Yes. ' he said, "such Sura and such Sura," naming those Suras The Prophet said, "We have married her to you for what you know of the Qur'an (by heart).

(the wife of the Prophet) When believing women came to the Prophet as emigrants, he used to test them in accordance with the order of Allah. 'O you who believe! When believing women come to you as emigrants, examine them . . .' (60.10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah's Apostle would say to them, "Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah's Apostle never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah's Apostle did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, "I have accepted your oath of allegiance."

A Jew and Jewess were brought to the Prophet on a charge of committing an illegal sexual intercourse. The Prophet asked the Jews, "What do you (usually) do with them?" They said, "We blacken their faces and disgrace them." He said, "Bring here the Torah and recite it, if you are truthful." They (fetched it and) came and asked a one-eyed man to recite. He went on reciting till he reached a portion on which he put his hand. The Prophet said, "Lift up your hand!" He lifted his hand up and behold, there appeared the verse of Ar-Rajm (stoning of the adulterers to death). Then he said, "O Muhammad! They should be stoned to death but we conceal this Divine Law among ourselves." Then the Prophet ordered that the two sinners be stoned to death and, and they were stoned to death, and I saw the man protecting the woman from the stones. (See Hadith No. 809, Vol. 8)

Yahya related to me from Malik from Abu'z Zubayr al-Makki that Abu Maiz al-Aslami Abdullah ibn Sufyan told him that once, when he was sitting with Abdullah ibn Umar, a woman came to ask him for an opinion. She said, "I set out intending to do tawaf of the House, but then, when I got to the gate of the Mosque, I started bleeding, so I went back until it had left me. Then I set out again, and then, when I got to the gate of the mosque, I started bleeding, so I went back until it had left me. Then I set off again, and then, when I got to the gate of the mosque, I started bleeding." Abdullah ibn Umar said, "That is only an impulse from Shaytan. Do ghusl, then bind your private parts with a cloth and do tawaf."

The Prophet said, "Allah will give shade, to seven, on the Day when there will be no shade but His. (These seven persons are) a just ruler, a youth who has been brought up in the worship of Allah (i.e. worships Allah sincerely from childhood), a man whose heart is attached to the mosques (i.e. to pray the compulsory prayers in the mosque in congregation), two persons who love each other only for Allah's sake and they meet and part in Allah's cause only, a man who refuses the call of a charming woman of noble birth for illicit intercourse with her and says: I am afraid of Allah, a man who gives charitable gifts so secretly that his left hand does not know what his right hand has given (i.e. nobody knows how much he has given in charity), and a person who remembers Allah in seclusion and his eyes are then flooded with tears."

The people used to say, "Abu Huraira narrates too many narrations." In fact I used to keep close to Allah's Apostle and was satisfied with what filled my stomach. I ate no leavened bread and dressed no decorated striped clothes, and never did a man or a woman serve me, and I often used to press my belly against gravel because of hunger, and I used to ask a man to recite a Qur'anic Verse to me although I knew it, so that he would take me to his home and feed me. And the most generous of all the people to the poor was Ja`far bin Abi Talib. He used to take us to his home and offer us what was available therein. He would even offer us an empty folded leather container (of butter) which we would split and lick whatever was in it.

Yahya said: Narrate from me that both these traditions are weak in respect of their chains.

Abu Dawud said: Al-Thawri is reported to have said: Habib narrated this tradition to us only on the authority of 'Urwat al-Muzani, that is, he did not narrated any tradition on the authority of 'Urwah b. al-Zubair.

Abu Dawud said: Hamzah al-Zayyat reported a sound tradition on the authority of Habib, from 'Urwah b. al-Zubair from 'Aishah.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

I witnessed the `Id-al-Fitr prayer with Allah's Apostle , Abu Bakr, `Umar and `Uthman; and all of them offered it before delivering the sermon... and then delivered the sermon. Once the Prophet (after completing the prayer and the sermon) came down, as if I am now looking at him waving at the men with his hand to sit down, and walked through them till he, along with Bilal, reached (the rows of) the women. Then he recited: 'O Prophet! When believing women come to you to take the oath of allegiance that they will not worship anything other than Allah, will not steal, will not commit illegal sexual intercourse, will not kill their children, and will not utter slander, intentionally forging falsehood (by making illegal children belonging to their husbands)'....(60.12) Having finished, he said, 'Do you agree to that?" One lady, other than whom none replied the Prophet said, "Yes, O Allah's Apostle!" (The, sub-narrator, Al-Hasan did not know who the lady was.) Then the Prophet said to them: "Will you give alms?" Thereupon Bilal spread out his garment and the women started throwing big rings and small rings into Bilal's garment. (See Hadith No. 95 vol.2)

I heard `Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Alqama bin Waqqas and 'Ubaidullah bin `Abdullah bin `Uqba relating from `Aisha, the wife of the Prophet the narration of the people (i.e. the liars) who spread the slander against her and they said what they said, and how Allah revealed her innocence. Each of them related to me a portion of that narration. (They said that `Aisha said), ''Then Allah revealed the ten Verses starting with:--'Verily! Those who spread the slander..' (24.11-21) All these verses were in proof of my innocence. Abu Bakr As-Siddiq who used to provide for Mistah some financial aid because of his relation to him, said, "By Allah, I will never give anything (in charity) to Mistah, after what he has said about `Aisha" Then Allah revealed:-- 'And let not those among you who are good and are wealthy swear not to give (any sort of help) to their kins men....' (24.22) On that, Abu Bakr said, "Yes, by Allah, I like that Allah should forgive me." and then resumed giving Mistah the aid he used to give him and said, "By Allah! I will never withhold it from him."

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to say, "The least difficult thing acceptable as a sacrificial animal is a sheep."

Malik said, "That is what I like most out of what I have heard about the matter, because Allah, the Blessed and Exalted, says in His Book, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills it intentionally, there shall be repayment the like of what he has slain, from livestock, as shall be judged by two men of justice among you, a sacrificial animal which will reach the Kaba, or food for poor people, or the equivalent of that in fasting,' (Sura 5 ayat 95) and a sheep is one of the animals which is judged to be acceptable as a sacrifice. Allah has called it a sacrificial animal, and there is no dispute among us about the matter. How, indeed, could anyone be in doubt about the matter? A sheep is the kaffara for anything which does not reach the extent of something for which a camel or a cow would be the kaffara, and the kaffara for something which does not reach the extent of something for which a sheep would be the kaffara is fasting, or feeding poor people."

When the ailment of the Prophet became aggravated and his disease became severe, he asked his wives to permit him to be nursed (treated) in my house. So they gave him the permission. Then the Prophet came (to my house) with the support of two men, and his legs were dragging on the ground, between `Abbas, and another man." 'Ubaidullah (the sub narrator) said, "I informed `Abdullah bin `Abbas of what `Aisha said. Ibn `Abbas said: 'Do you know who was the other man?' I replied in the negative. Ibn `Abbas said, 'He was `Ali (bin Abi Talib)." `Aisha further said, "When the Prophet came to my house and his sickness became aggravated he ordered us to pour seven skins full of water on him, so that he might give some advice to the people. So he was seated in a Mikhdab (brass tub) belonging to Hafsa, the wife of the Prophet. Then, all of us started pouring water on him from the water skins till he beckoned to us to stop and that we have done (what he wanted us to do). After that he went out to the people."

Barirah came (to `Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help." `Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me." Barirah went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them." Allah's Apostle heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator." `Aisha added, "Allah's Apostle then got up amongst the people, Glorified and Praised Allah, and said, 'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon `Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. `Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas`ud came to the Prophet and `Abdur Rahman intended to talk, but the Prophet said (to him), "Let the eldest of you speak." as `Abdur-Rahman was the youngest:. `Abdur-Rahman kept silent and the other two spoke. The Prophet said, "If you swear as to who has committed the murder, you will have the right to take your right from the murderer." They said, "How should we swear if we did not witness the murder or see the murderer?" The Prophet said, "Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder)." The!y said, "How should we believe in the oaths of infidels?" So, the Prophet himself paid the blood money (of `Abdullah). (See Hadith No. 36 Vol. 9.)

Jabir bin `Abdullah said, "Allah's Apostle sent troops to the sea coast and appointed Abu 'Ubaida bin Al-Jarrah as their commander, and they were 300 (men). We set out, and we had covered some distance on the way, when our journey food ran short. So Abu 'Ubaida ordered that all the food present with the troops be collected, and it was collected. Our journey food was dates, and Abu Ubaida kept on giving us our daily ration from it little by little (piecemeal) till it decreased to such an extent that we did not receive except a date each." I asked (Jabir), "How could one date benefit you?" He said, "We came to know its value when even that finished." Jabir added, "Then we reached the sea (coast) where we found a fish like a small mountain. The people (i.e. troops) ate of it for 18 nights (i.e. days). Then Abu 'Ubaida ordered that two of its ribs be fixed on the ground (in the form of an arch) and that a she-camel be ridden and passed under them. So it passed under them without touching them."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

The Messenger of Allah (saws) said one day from the pulpit: When some people were sailing in the sea, their food was finished. An island appeared to them. They went out seeking bread. They were met by the Jassasah (the Antichrist's spy).

I said to AbuSalamah: What is the Jassasah? He replied: A woman trailing the hair of her skin and of her head. She said: In this castle. He then narrated the rest of the (No. 4311) tradition. He asked about the palm-trees of Baysan and the spring of Zughar. He said: He is the Antichrist. Ibn Salamah said to me: There is something more in this tradition, which I could not remember. He said: Jabir testified that it was he who was Ibn Sayyad.

I said: He died. He said: Let him die. I said: He accepted Islam. He said: Let him accept Islam. I said: He entered Medina. He said: Let him enter Medina.

Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.' "

108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''

Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

`Abdur-Rahman bin `Auf came (from Mecca to Medina) and the Prophet made a bond of brotherhood between him and Sa`d bin Ar-Rabi` Al-Ansari. Al-Ansari had two wives, so he suggested that `Abdur- Rahman take half, his wives and property. `Abdur-Rahman replied, "May Allah bless you with your wives and property. Kindly show me the market." So `Abdur-Rahman went to the market and gained (in bargains) some dried yoghurt and some butter. After a few days the Prophet saw `Abdur-Rahman with some yellow stains on his clothes and asked him, "What is that, O `Abdur-Rahman?" He replied, "I had married an Ansari woman." The Prophet asked, "How much Mahr did you give her?" He replied, "The weight of one (date) stone of gold." The Prophet said, "Offer a banquet, even with one sheep."

The jews came to Allah's Apostle and mentioned to him that a man and a lady among them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah regarding the Rajam?" They replied, "We only disgrace and flog them with stripes." `Abdullah bin Salam said to them, 'You have told a lie the penalty of Rajam is in the Torah.' They brought the Torah and opened it. One of them put his hand over the verse of the Rajam and read what was before and after it. `Abdullah bin Salam said to him, "Lift up your hand." Where he lifted it there appeared the verse of the Rajam. So they said, "O Muhammad! He has said the truth, the verse of the Rajam is in it (Torah)." Then Allah's Apostle ordered that the two persons (guilty of illegal sexual intercourse) be stoned to death, and so they were stoned, and I saw the man bending over the woman so as to protect her from the stones.

Once Allah's Apostle went out to the Musalla (to offer the prayer) of `Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle ?" He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said, "Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."

The Prophet sent me to some people in Yemen and when I returned, I found him at Al-Batha. He asked me, "With what intention have you assumed Ihram (i.e. for Hajj or for Umra or for both?") I replied, "I have assumed Ihram with an intention like that of the Prophet." He asked, "Have you a Hadi with you?" I replied in the negative. He ordered me to perform Tawaf round the Ka`ba and between Safa and Marwa and then to finish my Ihram. I did so and went to a woman from my tribe who combed my hair or washed my head. Then, when `Umar came (i.e. became Caliph) he said, "If we follow Allah's Book, it orders us to complete Hajj and Umra; as Allah says: "Perform the Hajj and Umra for Allah." (2.196). And if we follow the tradition of the Prophet who did not finish his Ihram till he sacrificed his Hadi."

I heard Sahl bin Sa`d saying, "A woman brought a Burda (i.e. a square piece of cloth having edging). I asked, 'Do you know what a Burda is?' They replied in the affirmative and said, "It is a cloth sheet with woven margins." Sahl went on, "She addressed the Prophet and said, 'I have woven it with my hands for you to wear.' The Prophet took it as he was in need of it, and came to us wearing it as a waist sheet. One of us said, 'O Allah's Apostle! Give it to me to wear.' The Prophet agreed to give it to him. The Prophet sat with the people for a while and then returned (home), wrapped that waist sheet and sent it to him. The people said to that man, 'You haven't done well by asking him for it when you know that he never turns down anybody's request.' The man replied, 'By Allah, I have not asked him for it except to use it as my shroud when I die." Sahl added; "Later it (i.e. that sheet) was his shroud."

The people used to send presents to the Prophet on the day of `Aisha's turn. `Aisha said, "My companions (i.e. the other wives of the Prophet) gathered in the house of Um Salama and said, "O Um Salama! By Allah, the people choose to send presents on the day of `Aisha's turn and we too, love the good (i.e. presents etc.) as `Aisha does. You should tell Allah's Apostle to tell the people to send their presents to him wherever he may be, or wherever his turn may be." Um Salama said that to the Prophet and he turned away from her, and when the Prophet returned to her (i.e. Um Salama), she repeated the same, and the Prophet again turned away, and when she told him the same for the third time, the Prophet said, "O Um Salama! Don't trouble me by harming `Aisha, for by Allah, the Divine Inspiration never came to me while I was under the blanket of any woman amongst you except her."

When `Abdur-Rahman bin `Auf came to Medina and the Prophet established the bond of brotherhood between him and Sa`d bin Ar-Rabi-al-Ansari, Saud suggested that `Abdur-Rahman should accept half of his property and family. `Abdur Rahman said, "May Allah bless you in your family and property; guide me to the market." So `Abdur-Rahman (while doing business in the market) made some profit of some condensed dry yoghurt and butter. After a few days the Prophet saw him wearing clothes stained with yellow perfume. The Prophet asked, "What is this, O `Abdur-Rahman?" He said, "O Allah's Apostle! I have married an Ansar' woman." The Prophet asked, "What have you given her as Mahr?" He (i.e. `Abdur-Rahman) said, "A piece of gold, about the weight of a date stone." Then the Prophet said, Give a banquet, even though of a sheep."

Once we were traveling with the Prophet and we carried on traveling till the last part of the night and then we (halted at a place) and slept (deeply). There is nothing sweeter than sleep for a traveler in the last part of the night. So it was only the heat of the sun that made us to wake up and the first to wake up was so and so, then so and so and then so and so (the narrator `Auf said that Abu Raja' had told him their names but he had forgotten them) and the fourth person to wake up was `Umar bin Al- Khattab. And whenever the Prophet used to sleep, nobody would wake up him till he himself used to get up as we did not know what was happening (being revealed) to him in his sleep. So, `Umar got up and saw the condition of the people, and he was a strict man, so he said, "Allahu Akbar" and raised his voice with Takbir, and kept on saying loudly till the Prophet got up because of it. When he got up, the people informed him about what had happened to them. He said, "There is no harm (or it will not be harmful). Depart!" So they departed from that place, and after covering some distance the Prophet stopped and asked for some water to perform the ablution. So he performed the ablution and the call for the prayer was pronounced and he led the people in prayer. After he finished from the prayer, he saw a man sitting aloof who had not prayed with the people. He asked, "O so and so! What has prevented you from praying with us?" He replied, "I am Junub and there is no water. " The Prophet said, "Perform Tayammum with (clean) earth and that is sufficient for you." Then the Prophet proceeded on and the people complained to him of thirst. Thereupon he got down and called a person (the narrator `Auf added that Abu Raja' had named him but he had forgotten) and `Ali, and ordered them to go and bring water. So they went in search of water and met a woman who was sitting on her camel between two bags of water. They asked, "Where can we find water?" She replied, "I was there (at the place of water) this hour yesterday and my people are behind me." They requested her to accompany them. She asked, "Where?" They said, "To Allah's Apostle ." She said, "Do you mean the man who is called the Sabi, (with a new religion)?" They replied, "Yes, the same person. So come along." They brought her to the Prophet and narrated the whole story. He said, "Help her to dismount." The Prophet asked for a pot, then he opened the mouths of the bags and poured some water into the pot. Then he closed the big openings of the bags and opened the small ones and the people were called upon to drink and water their animals. So they all watered their animals and they (too) all quenched their thirst and also gave water to others and last of all the Prophet gave a pot full of water to the person who was Junub and told him to pour it over his body. The woman was standing and watching all that which they were doing with her water. By Allah, when her water bags were returned the looked like as if they were more full (of water) than they had been before (Miracle of Allah's Apostle) Then the Prophet ordered us to collect something for her; so dates, flour and Sawiq were collected which amounted to a good meal that was put in a piece of cloth. She was helped to ride on her camel and that cloth full of foodstuff was also placed in front of her and then the Prophet said to her, "We have not taken your water but Allah has given water to us." She returned home late. Her relatives asked her: "O so and so what has delayed you?" She said, "A strange thing! Two men met me and took me to the man who is called the Sabi' and he did such and such a thing. By Allah, he is either the greatest magician between this and this (gesturing with her index and middle fingers raising them towards the sky indicating the heaven and the earth) or he is Allah's true Apostle." Afterwards the Muslims used to attack the pagans around her abode but never touched her village. One day she said to her people, "I think that these people leave you purposely. Have you got any inclination to Islam?" They obeyed her and all of them embraced Islam. Abu `Abdullah said: The word Saba'a means "The one who has deserted his old religion and embraced a new religion." Abul 'Ailya [??] said, "The S`Abis are a sect of people of the Scripture who recite the Book of Psalms."

Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

"Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!'

"This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

Mujammi' was one of the Qur'an-reciters (qaris), and he said: We were present with the Messenger of Allah (saws) at al-Hudaybiyyah. When we returned, the people were driving their camels quickly.

The people said to one another: What is the matter with them?

They said: Revelation has come down to the Prophet (saws). We also proceeded with the people, galloping (our camels). We found the Prophet (saws) standing on his riding-animal at Kura' al-Ghamim.

When the people gathered near him, he recited: "Verily We have granted thee a manifest victory.

A man asked: Is this a victory, Messenger of Allah? He replied: Yes. By Him in Whose hands the soul of Muhammad is, this is a victory. Khaybar was divided among those who had been at al-Hudaybiyyah, and the Messenger of Allah (saws) divided it into eighteen portions. The army consisted of one thousand five hundred men, of which three hundred were cavalry, and he gave two shares to a horseman and one to a foot-soldier.

Abu Dawud said: Abu Mu'awiyah's tradition is sounder, and it is one which is followed. I think the error is in the tradition of Mujammi', because he said: "three hundred horsemen." when there were only two hundred.

The tradition mentioned above (No. 4232) has also been transmitted through a different chain of narrators by Nasr ibn Asim al-Laythi who said: We came to al-Yashkuri with a group of the people of Banu Layth.

He asked: Who are these people? We replied: Banu Layth. We have come to you to ask you about the tradition of Hudhayfah. He then mentioned the tradition and said: I asked: Messenger of Allah, will there be evil after this good?

He replied: There will be trial (fitnah) and evil. I asked: Messenger of Allah, will there be good after this evil? He replied: Learn the Book of Allah, Hudhayfah, and adhere to its contents. He said it three times.

I asked: Messenger of Allah, will there be good after this evil? He replied: An illusory truce and a community with specks in its eye. I asked: Messenger of Allah, what do you mean by an illusory community?

He replied: The hearts of the people will not return to their former condition. I asked: Messenger of Allah, will there be evil after this good? He replied: There will be wrong belief which will blind and deafen men to the truth in which there will be summoners at the gates of Hell. If you, Hudhayfah, die adhering to a stump, it will be better for you than following any of them.

I heard the Messenger of Allah (saws) say: There were two men among Banu Isra'il, who were striving for the same goal. One of them would commit sin and the other would strive to do his best in the world. The man who exerted himself in worship continued to see the other in sin.

He would say: Refrain from it. One day he found him in sin and said to him: Refrain from it.

He said: Leave me alone with my Lord. Have you been sent as a watchman over me? He said: I swear by Allah, Allah will not forgive you, nor will he admit you to Paradise. Then their souls were taken back (by Allah), and they met together with the Lord of the worlds.

He (Allah) said to this man who had striven hard in worship; Had you knowledge about Me or had you power over that which I had in My hand? He said to the man who sinned: Go and enter Paradise by My mercy. He said about the other: Take him to Hell.

AbuHurayrah said: By Him in Whose hand my soul is, he spoke a word by which this world and the next world of his were destroyed.

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

'Uyaina bin Hisn bin Hudhaifa came and stayed with his nephew Al-Hurr bin Qais who was one of those whom `Umar used to keep near him, as the Qurra' (learned men knowing Qur'an by heart) were the people of `Umar's meetings and his advisors whether they were old or young. 'Uyaina said to his nephew, "O son of my brother! You have an approach to this chief, so get for me the permission to see him." Al-Hurr said, "I will get the permission for you to see him." So Al-Hurr asked the permission for 'Uyaina and `Umar admitted him. When 'Uyaina entered upon him, he said, "Beware! O the son of Al-Khattab! By Allah, you neither give us sufficient provision nor judge among us with justice." Thereupon `Umar became so furious that he intended to harm him, but Al-Hurr said, "O chief of the Believers! Allah said to His Prophet: "Hold to forgiveness; command what is right; and leave (don't punish) the foolish." (7.199) and this (i.e. 'Uyaina) is one of the foolish." By Allah, `Umar did not overlook that Verse when Al-Hurr recited it before him; he observed (the orders of) Allah's Book strictly.

Two men had a dispute in the presence of Allah's Apostle. One of them said, "O Allah's Apostle! Judge between us according to Allah's Laws." The other who was wiser, said, "Yes, O Allah's Apostle! Judge between us according to Allah's Laws and allow me to speak. The Prophet said, "Speak." He said, "My son was a laborer serving this (person) and he committed illegal sexual intercourse with his wife, The people said that my son is to be stoned to death, but I ransomed him with one-hundred sheep and a slave girl. Then I asked the learned people, who informed me that my son should receive one hundred lashes and will be exiled for one year, and stoning will be the lot for the man's wife." Allah's Apostle said, "Indeed, by Him in Whose Hand my soul is, I will judge between you according to Allah's Laws: As for your sheep and slave girl, they are to be returned to you." Then he scourged his son one hundred lashes and exiled him for one year. Then Unais Al- Aslami was ordered to go to the wife of the second man, and if she confessed (the crime), then stone her to death. She did confess, so he stoned her to death.

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.

Yahya related to me from Malik from Abd al-Malik ibn Qurayr from Muhammad ibn Sirin that a man came to Umar ibn al-Khattab and said, "I was racing a friend on horseback towards a narrow mountain trail and we killed a gazelle accidently and we were in ihram. What is your opinion?" Umar said to a man by his side, "Come, so that you and I may make an assessment." They decided on a female goat for him, and the man turned away saying, "This amir al-muminin cannot even make an assessment in the case of a gazelle until he calls a man to decide with him." Umar overheard the man's words and called him and asked him, "Do you recite surat al-Ma'ida?" and he said, "No." He said, "Then do you recognize this man who has taken the decision with me?" and he said, "No." He said, "If you had told me that you did recite surat al-Ma'ida, I would have dealt you a blow." Then he said, "Allah the Blessed, the Exalted says in His Book, 'as shall be judged by two men of justice among you, a sacrificial animal to reach the Kaba' (Sura 5 ayat 95), and this is Abd ar-Rahman ibn Awf."

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.

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."