Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer, he is more entitled to it than anyone else. If the buyer dies, then the seller is the same as other creditors with respect to it."

Regarding the Verse:-- "Then what is the matter with you that you are divided into two parties about the hypocrites?" (4.88) Some of the companions of the Prophet returned from the battle of Uhud (i.e. refused to fight) whereupon the Muslims got divided into two parties; one of them was in favor of their execution and the other was not in favour of it. So there ware revealed: "Then what is the matter with you that you are divided into two parties about the hypocrites?" (4.88). Then the Prophet said "It (i.e. Medina) is aTayyaboh (good), it expels impurities as the fire expels the impurities of silver."

The Prophet used to offer prayer at night (for such a long time) that his feet used to crack. I said, "O Allah's Apostle! Why do you do it since Allah has forgiven you your faults of the past and those to follow?" He said, "Shouldn't I love to be a thankful slave (of Allah)?' When he became old, he prayed while sitting, but if he wanted to perform a bowing, he would get up, recite (some other verses) and then perform the bowing.

Allah's Apostle said," (On the Day of Resurrection) any one whose account will be taken will be ruined (i.e. go to Hell)." I said, "O Allah's Apostle! May Allah make me be sacrificed for you. Doesn't Allah say: "Then as for him who will be given his record in his right hand, he surely will receive an easy reckoning.?" (84.7-8) He replied, "That is only the presentation of the accounts; but he whose record is questioned, will be ruined."

(This hadith is also narrated through two other chains)

The People of Sham taunted `Abdullah bin Az-Zubair by calling him "The son of Dhatin-Nataqain" (the woman who has two waist-belts). (His mother) (Asma, said to him, "O my son! They taunt you with "Nataqain". Do you know what the Nataqain were? That was my waist-belt which I divided in two parts. I tied the water skin of Allah's Apostle with one part, and with the other part I tied his food container."

that he was asked about the wages of the one who cups others. He said, 'Allah's Apostle was cupped by `Abd Taiba, to whom he gave two Sa of food and interceded for him with his masters who consequently reduced what they used to charge him daily. Then the Prophet s said, "The best medicines you may treat yourselves with are cupping and sea incense.' He added, "You should not torture your children by treating tonsillitis by pressing the tonsils or the palate with the finger, but use incense."

Allah's Apostle ordered us to do seven (things): to visit the sick, to follow the funeral processions, to say Tashmit to a sneezer, to help the weak, to help the oppressed ones, to propagate As-Salam (greeting), and to help others to fulfill their oaths (if it is not sinful). He forbade us to drink from silver utensils, to wear gold rings, to ride on silken saddles, to wear silk clothes, Dibaj (thick silk cloth), Qassiy and Istabraq (two kinds of silk). (See Hadith No. 539, Vol. 7)

A man peeped through a round hole into the dwelling place of the Prophet, while the Prophet had a Midray (an iron comb) with which he was scratching his head. the Prophet said, " Had known you were looking (through the hole), I would have pierced your eye with it (i.e., the comb)." Verily! The order of taking permission to enter has been enjoined because of that sight, (that one should not look unlawfully at the state of others). (See Hadith No. 807, Vol. 7)

The Prophet went out and offered the funeral prayer for the martyrs of the (battle of) Uhud and then ascended the pulpit and said, "I am your predecessor and I am a witness against you. By Allah, I am now looking at my Tank-lake (Al-Kauthar) and I have been given the keys of the treasures of the earth (or the keys of the earth). By Allah! I am not afraid that after me you will worship others besides Allah, but I am afraid that you will start competing for (the pleasures of) this world."

Allah's Apostle said, "Allah's Hand is full, and (its fullness) is not affected by the continuous spending, day and night." He also said, "Do you see what He has spent since He created the Heavens and the Earth? Yet all that has not decreased what is in His Hand." He also said, "His Throne is over the water and in His other Hand is the balance (of Justice) and He raises and lowers (whomever He will)." (See Hadith No. 206, Vol. 6)

The Prophet said, "Allah said: The Fast is for Me and I will give the reward for it, as he (the one who observes the fast) leaves his sexual desire, food and drink for My Sake. Fasting is a screen (from Hell) and there are two pleasures for a fasting person, one at the time of breaking his fast, and the other at the time when he will meet his Lord. And the smell of the mouth of a fasting person is better in Allah's Sight than the smell of musk." (See Hadith No. 128, Vol. 3).

Allah's Apostle said, "Allah says, 'If My slave intends to do a bad deed then (O Angels) do not write it unless he does it; if he does it, then write it as it is, but if he refrains from doing it for My Sake, then write it as a good deed (in his account). (On the other hand) if he intends to do a good deed, but does not do it, then write a good deed (in his account), and if he does it, then write it for him (in his account) as ten good deeds up to seven-hundred times.' "

While I was with Ibn `Umar, we passed by a group of young men who had tied a hen and started shooting at it. When they saw Ibn `Umar, they dispersed, leaving it. On that Ibn `Umar said, "Who has done this? The Prophet cursed the one who did so."

Narrated Ibn `Umar:

The Prophet cursed the one who did Muthla to an animal (i e., cut its limbs or some other part of its body while it is still alive).

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If people knew what was in the adhan and the first row of the prayer and could only draw lots for it, they would draw lots. And if they knew what was in doing dhuhr early, they would race each other to it. And if they knew what was in isha and subh, they would go to them even if they had to crawl."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Someone who vows to sacrifice a camel or a cow to Allah should garland it with two sandals about its neck, and brand it by causing blood to flow from its side. He should then sacrifice it either at the House or at Mina on the day of sacrifice. There are no other correct places apart from those. However, someone who vows to slaughter a camel or a cow simply as a sacrifice can sacrifice it wherever he wishes."

Yahya related to me from Malik that he had heard that az-Zubayr ibn al-Awwam said the like of that.

Malik said that if a man had sexual relations with a female slave that he owned, and then he wanted to also have relations with her sister, the sister was not halal for a man until intercourse with the slave-girl had been made haram for him by marriage, setting free, kitaba, or the like of that - for instance, if he had married her to his slave or someone other than his slave.

The Prophet said, "In very hot weather delay the Zuhr prayer till it becomes (a bit) cooler because the severity of heat is from the raging of the Hell-fire. The Hell-fire of Hell complained to its Lord saying: O Lord! My parts are eating (destroying) one another. So Allah allowed it to take two breaths, one in the winter and the other in the summer. The breath in the summer is at the time when you feel the severest heat and the breath in the winter is at the time when you feel the severest cold."

When the Muslims arrived at Medina, they used to assemble for the prayer, and used to guess the time for it. During those days, the practice of Adhan for the prayers had not been introduced yet. Once they discussed this problem regarding the call for prayer. Some people suggested the use of a bell like the Christians, others proposed a trumpet like the horn used by the Jews, but `Umar was the first to suggest that a man should call (the people) for the prayer; so Allah's Apostle ordered Bilal to get up and pronounce the Adhan for prayers.

A man came and said, "O Allah's Apostle! I keep away from the morning prayer because so-and-so (Imam) prolongs it too much." Allah's Apostle became furious and I had never seen him more furious than he was on that day. The Prophet said, "O people! Some of you make others dislike the prayer, so whoever becomes an Imam he should shorten the prayer, as behind him are the weak, the old and the needy.''

One of the wives of `Umar (bin Al-Khattab) used to offer the Fajr and the `Isha' prayer in congregation in the Mosque. She was asked why she had come out for the prayer as she knew that `Umar disliked it, and he has great ghaira (self-respect). She replied, "What prevents him from stopping me from this act?" The other replied, "The statement of Allah's Apostle : 'Do not stop Allah's women-slaves from going to Allah's Mosques' prevents him."

When the above verses were revealed: 'Until the white thread appears to you, distinct from the black thread,' I took two (hair) strings, one black and the other white, and kept them under my pillow and went on looking at them throughout the night but could not make anything out of it. So, the next morning I went to Allah's Apostle and told him the whole story. He explained to me, "That verse means the darkness of the night and the whiteness of the dawn."

"The Messenger of Allah (saws) was asked about the pots of Zorastrians. He said: 'Clean them by washing them, and then cook in them." And he prohibited every predator possessing canines."

This is a well known Hadith of Abu Tha'labah, and it has been reported from him through routes other than this. And Abu Tha'labah's name is Jurthum, and they say: Jurhum, and they say: Nashib. This Hadith has also been mentioned by Abu Qilabah from Abu 'Asma Ar-Rahbi, from Abu Tha'labah.

That the Prophet (saws) said: "Close the door, tie the water-skin, turn over the vessel, or cover the vessel, and extinguish the torch. Indeed Ash-Shaitan does not open what is closed, nor undo what is fastened, nor uncover a vessel, but the small vermin may cause a fire in people's houses."

He said: There are narrations on this topic from Ibn 'Umar, Abu Hurairah, and Ibn 'Abbas.

[Abu 'Eisa said:] This Hadith is Hasan Sahih, and it has been reported through other routes from Jabir.

"Some of people from 'Urainah arrived in Al-Madinah, and they were uncomfortable (with the climate). So the Messenger of Allah (saws) sent them some camels from charity. He told them: "Drink from their milk and urine."

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib as a narration of Thabit. This Hadith has been reported through other routes from Anas. Abu Qilabah reported it from Anas, and Sa'eed bin Abu 'Arubah reported it from Qatadah, from Anas.

That the Messenger of Allah (saws) said: "Whichever person becomes bankrupt, and a man finds his particular merchandise with him, then he is more deserving of it than others.

[He said:] There are narrations on this topic from Samurah and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to some of the people of knowledge and it is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Some of the people of knowledge said that he is just like one of the debtors. This is the view of the people of Al-Kufah.

The Messenger of Allah (saws) had a stop of seventeen days in Mecca and he shortened the prayer (i.e. prayed two rak'ahs at each time of prayer). Ibn Abbas said: He who stays seventeen days should shorten the prayer; and who stays more than that should offer complete prayer.

Abu Dawud said: The other version transmitted by Ibn 'Abbas through a different chain adds: He (the Prophet) had a stop of nineteen days (in Mecca).

We went out with the Messenger of Allah (saws) to Najd. When we reached Dhat ar-Riqa at Nakhl (or in a valley with palm trees) he met a group of the tribe of Ghatafan. The narrator then reported the tradition to the same effect, but his version is other than that of Haywah. He added to the words "when he bowed along with those who were with him and prostrated" the words "when they stood up, they retraced their footsteps to the rows of their companions". He did not mention the words "their back was towards the qiblah".

Jabir bin 'Abdullah (Allah be pleased with them) said that the Messenger of Allah (may peace be upon him) decreed pre-emption in every joint ownership and not divided-the one-it may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.

"I arrived upon the Messenger of Allah (saws) at Khaibar along with a group of the Ash'ari tribe. He gave us shared along with those that conquered it."

This Hadith is Hasan Sahih Gharib. This is acted upon according to some of the people of knowledge. Al-Awza'i said: "Whoever meets up with the Muslims before the horses, share is distributed, then he is given a share." And Buraid's (a narrator) Kunyah is Abu Buraidah and he is trustworthy. Sufyan Ath-Thawri, Ibn 'Uyainah and others report from him.

"The Messenger of Allah (saws) was asked about the pots of the Zorastrians. He said: 'Clean them by washing them, and then cook in them.' And he prohibited every predator and possessor of canines."

This Hadith has been reported through routes other than this from Abu Tha'labah. Abu Idris Al-Khawlani reported it from Abu Tha'labah. Abu Qilabah did not hear from Abu Tha'labah, he only reported it from Abu Asma', from Abu Tha'labah.

"The Messenger of Allah (saws) prohibited two types of dress: As-Sama', and that a man sits with his legs drawn up in a garment, while there is nothing covering his private area.

[Abu 'Eisa said:] There are narrations on this topic from 'Ali, Ibn 'Umar, 'Aishah, Abu Sa'eed, Jabir, and Abu Umamah. The Hadith if Abu Hurairah is a Hasan Sahih Gharib Hadith from this route.

This has been reported through other routes from Abu Hurairah from the Prophet (saws).

The Prophet owed somebody a camel of a certain age. When he came to demand it back, the Prophet said (to some people), "Give him (his due)." When the people searched for a camel of that age, they found none, but found a camel one year older. The Prophet said, "Give (it to) him." On that, the man remarked, "You have given me my right in full. May Allah give you in full." The Prophet said, "The best amongst you is the one who pays the rights of others generously."

A man came to the Prophet demanding his debts and behaved rudely. The companions of the Prophet intended to harm him, but Allah's Apostle said (to them), "Leave him, for the creditor (i.e. owner of a right) has the right to speak." Allah's Apostle then said, "Give him a camel of the same age as that of his." The people said, "O Allah's Apostle! There is only a camel that is older than his." Allah's Apostle said, "Give (it to) him, for the best amongst you is he who pays the rights of others handsomely."

That `Abdullah bin Abi Hadrad Al-Aslami owed him some debt. Ka`b met him and caught hold of him and they started talking and their voices grew loudest. The Prophet passed by them and addressed Ka`b, pointing out to him to reduce the debt to one half. So, Ka`b got one half of the debt and exempted the debtor from the other half.

That he used to give his verdict regarding the male or female slaves owned by more than one master, one of whom may manumit his share of the slave. Ibn `Umar used to say in such a case, "The manumitted should manumit the slave completely if he has sufficient money to pay the rest of the price of that slave (which is to be justly estimated) and the other shareholders are to take the price of their shares and the slave is freed (released from slavery)." Ibn `Umar narrated this verdict from the Prophet.

The Prophet said thrice, "Should I inform you out the greatest of the great sins?" They said, "Yes, O Allah's Apostle!" He said, "To join others in worship with Allah and to be undutiful to one's parents." The Prophet then sat up after he had been reclining (on a pillow) and said, "And I warn you against giving a false witness, and he kept on saying that warning till we thought he would not stop. (See Hadith No. 7, Vol. 8)

Allah's Apostle said, "Adam and Moses argued with each other. Moses said to Adam. 'You are Adam whose mistake expelled you from Paradise.' Adam said to him, 'You are Moses whom Allah selected as His Messenger and as the one to whom He spoke directly; yet you blame me for a thing which had already been written in my fate before my creation?"' Allah's Apostle said twice, "So, Adam overpowered Moses."

The Prophet said, "A strong demon from the Jinns came to me yesterday suddenly, so as to spoil my prayer, but Allah enabled me to overpower him, and so I caught him and intended to tie him to one of the pillars of the Mosque so that all of you might see him, but I remembered the invocation of my brother Solomon: 'And grant me a kingdom such as shall not belong to any other after me.' (38.35) so I let him go cursed."

Allah's Apostle passed by some people from the tribe of Aslam practicing archery. He said, "O children of Ishmael! Throw (arrows), for your father was an archer. I am on the side of Bani so-andso," meaning one of the two teams. The other team stopped throwing, whereupon the Prophet said, "What has happened to them?" They replied, "How shall we throw while you are with Bani so-andso?" He said, "Throw for I am with all of you."

Allah's Apostle did not use to raise his hands in his invocations except in the Istisqa (i.e. invoking Allah for the rain) in which he used to raise his hands so high that one could see the whiteness of his armpits. (Note: It may be that Anas did not see the prophet (as) raising his hands but it has been narrated that the Prophet (as) used to raise his hands for invocations other than Istisqa. See Hadith No. 612 Vol. 5. and Hadith No. 807 & 808 Vol 2.)

We where afflicted with severe hunger on the day of Khaibar. While the cooking pots were boiling and some of the food was well-cooked, the announcer of the Prophet came to say, "Do not eat anything the donkey-meat and upset the cooking pots." We then thought that the Prophet had prohibited such food because the Khumus had not been taken out of it. Some others said, "He prohibited the meat of donkeys from the point of view of principle, because donkeys used to eat dirty things."

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."

We said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you have any difficulty in seeing the sun and the moon when the sky is clear?" We said, "No." He said, "So you will have no difficulty in seeing your Lord on that Day as you have no difficulty in seeing the sun and the moon (in a clear sky)." The Prophet then said, "Somebody will then announce, 'Let every nation follow what they used to worship.' So the companions of the cross will go with their cross, and the idolators (will go) with their idols, and the companions of every god (false deities) (will go) with their god, till there remain those who used to worship Allah, both the obedient ones and the mischievous ones, and some of the people of the Scripture. Then Hell will be presented to them as if it were a mirage. Then it will be said to the Jews, "What did you use to worship?' They will reply, 'We used to worship Ezra, the son of Allah.' It will be said to them, 'You are liars, for Allah has neither a wife nor a son. What do you want (now)?' They will reply, 'We want You to provide us with water.' Then it will be said to them 'Drink,' and they will fall down in Hell (instead). Then it will be said to the Christians, 'What did you use to worship?'

They will reply, 'We used to worship Messiah, the son of Allah.' It will be said, 'You are liars, for Allah has neither a wife nor a son. What: do you want (now)?' They will say, 'We want You to provide us with water.' It will be said to them, 'Drink,' and they will fall down in Hell (instead). When there remain only those who used to worship Allah (Alone), both the obedient ones and the mischievous ones, it will be said to them, 'What keeps you here when all the people have gone?' They will say, 'We parted with them (in the world) when we were in greater need of them than we are today, we heard the call of one proclaiming, 'Let every nation follow what they used to worship,' and now we are waiting for our Lord.' Then the Almighty will come to them in a shape other than the one which they saw the first time, and He will say, 'I am your Lord,' and they will say, 'You are not our Lord.' And none will speak: to Him then but the Prophets, and then it will be said to them, 'Do you know any sign by which you can recognize Him?' They will say. 'The Shin,' and so Allah will then uncover His Shin whereupon every believer will prostrate before Him and there will remain those who used to prostrate before Him just for showing off and for gaining good reputation. These people will try to prostrate but their backs will be rigid like one piece of a wood (and they will not be able to prostrate). Then the bridge will be laid across Hell." We, the companions of the Prophet said, "O Allah's Apostle! What is the bridge?'

He said, "It is a slippery (bridge) on which there are clamps and (Hooks like) a thorny seed that is wide at one side and narrow at the other and has thorns with bent ends. Such a thorny seed is found in Najd and is called As-Sa'dan. Some of the believers will cross the bridge as quickly as the wink of an eye, some others as quick as lightning, a strong wind, fast horses or she-camels. So some will be safe without any harm; some will be safe after receiving some scratches, and some will fall down into Hell (Fire). The last person will cross by being dragged (over the bridge)." The Prophet said, "You (Muslims) cannot be more pressing in claiming from me a right that has been clearly proved to be yours than the believers in interceding with Almighty for their (Muslim) brothers on that Day, when they see themselves safe.

They will say, 'O Allah! (Save) our brothers (for they) used to pray with us, fast with us and also do good deeds with us.' Allah will say, 'Go and take out (of Hell) anyone in whose heart you find faith equal to the weight of one (gold) Dinar.' Allah will forbid the Fire to burn the faces of those sinners. They will go to them and find some of them in Hell (Fire) up to their feet, and some up to the middle of their legs. So they will take out those whom they will recognize and then they will return, and Allah will say (to them), 'Go and take out (of Hell) anyone in whose heart you find faith equal to the weight of one half Dinar.' They will take out whomever they will recognize and return, and then Allah will say, 'Go and take out (of Hell) anyone in whose heart you find faith equal to the weight of an atom (or a smallest ant), and so they will take out all those whom they will recognize." Abu Sa'id said: If you do not believe me then read the Holy Verse:--

'Surely! Allah wrongs not even of the weight of an atom (or a smallest ant) but if there is any good (done) He doubles it.' (4.40) The Prophet added, "Then the prophets and Angels and the believers will intercede, and (last of all) the Almighty (Allah) will say, 'Now remains My Intercession. He will then hold a handful of the Fire from which He will take out some people whose bodies have been burnt, and they will be thrown into a river at the entrance of Paradise, called the water of life.

They will grow on its banks, as a seed carried by the torrent grows. You have noticed how it grows beside a rock or beside a tree, and how the side facing the sun is usually green while the side facing the shade is white. Those people will come out (of the River of Life) like pearls, and they will have (golden) necklaces, and then they will enter Paradise whereupon the people of Paradise will say, 'These are the people emancipated by the Beneficent. He has admitted them into Paradise without them having done any good deeds and without sending forth any good (for themselves).' Then it will be said to them, 'For you is what you have seen and its equivalent as well.'"

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."

Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his deen - strike his neck!"

The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that "if someone changes his deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best!

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two men brought a dispute to the Messenger of Allah, may Allah bless him and grant him peace. One of them said, "Messenger of Allah! Judge between us by the Book of Allah!" The other said, and he was the wiser of the two, "Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak." He said, "Speak." He said, "My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned." The Messenger of Allah, may Allah bless him and grant him peace, said, "By him in whose Hand myself is, I will judge between you by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year." He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed . She confessed and he stoned her.

That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."

that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."

I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O Allah's Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "Onethird of it?" He said, "You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealthy than to leave them poor, asking others for help. And whatever you spend (for Allah's sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah's Apostle! Will I remain behind and fail to complete my emigration?" The Prophet said, "If you are left behind after me, whatever good deeds you will do for Allah's sake, that will upgrade you and raise you high. May be you will have long life so that some people may benefit by you and others (the enemies) be harmed by you." But Allah's Apostle felt sorry for Sa`d bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa`d bin Khaula was a man from the tribe of Bani 'Amir bin Lu'ai.)

Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death.

The Prophet said, "The neighbor has more right to be taken care of by his neighbor (than anyone else)." Some men said, "If one wants to buy a house for 20,000 Dirhams then there is no harm to play a trick to deprive somebody of preemption by buying it (just on paper) with 20,000 Dirhams but paying to the seller only 9,999 Dirhams in cash and then agree with the seller to pay only one Dinar in cash for the rest of the price (i.e. 10,001 Dirhams). If the preemptor offers 20,000 Dirhams for the house, he can buy it otherwise he has no right to buy it (by this trick he got out of preemption). If the house proves to belong to somebody else other than the seller, the buyer should take back from the seller what he has paid, i.e., 9,999 Dirhams and one Dinar, because if the house proves to belong to somebody else, so the whole bargain (deal) is unlawful. If the buyer finds a defect in the house and it does not belong to somebody other than the seller, the buyer may return it and receive 20,000 Dirhams (instead of 9999 Dirham plus one Dinar) which he actually paid.' Abu `Abdullah said, "So that man allows (some people) the playing of tricks amongst the Muslims (although) the Prophet said, 'In dealing with Muslims one should not sell them sick (animals) or bad things or stolen things."

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."

AbuDawud said: The Prophet (saws) changed the names al-'As, Aziz, Atalah, Shaytan, al-Hakam, Ghurab, Hubab, and Shihab and called him Hisham. He changed the name Harb (war) and called him Silm (peace). He changed the name al-Munba'ith (one who lies) and called him al-Mudtaji' (one who stands up). He changed the name of a land Afrah (barren) and called it Khadrah (green). He changed the name Shi'b ad-Dalalah (the mountain path of a stray), the name of a mountain path and called it Shi'b al-Huda (mountain path of guidance). He changed the name Banu az-Zinyah (children of fornication) and called them Banu ar-Rushdah (children of those who are on the right path), and changed the name Banu Mughwiyah (children of a woman who allures and goes astray), and called them Banu Rushdah (children of a woman who is on the right path).

AbuDawud said: I omitted the chains of these for the sake of brevity.

Anas said When the verse “You will never attain righteousness until you give freely of what you love" came down, Abu Talhah said Messenger of Allah (saws), I think our Lord asks us for our property. I call you as witness that I dedicate my land at Ariha ‘to Him’. The Messenger of Allah (saws) said to him Divide it among your nearest relatives. So he divided it among Hassan bin Thabit and Ubayy bin Ka’b.

Abu Dawud said I have been gold by an Ansari Muhammad bin ‘Abdallah that the name of Abu Talhah is Zaid bin Sahal bin al-Aswad bin Haram bin ‘Amar bin Zaid bin Manat bin ‘Adi bin ‘Amr bin Malik bin al-Najjar; and Hassan bin Tabit is son of al-Mundhir in al-Haram. Thus both of them (Abu Talhah and Hassan) have their common link in Haram who is the third great grandfather. Ubbay bin Ka’b is son of Qais bin ‘Atik bin Zaid bin Mu’awiyah bin ‘Amr bin Malik bin al-Najjar. Thus the common tie between Hassan, Abu Talhah and Ubbay is ‘Amr (bin Malik). The Ansari said between Ubbay and Abi Talhah there are six great grandfathers.

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."