I took a letter from Thumamah bin ‘Abd Allah bin Anas. He presumed that Abu Bakr had written it for Anas when he sent him (to Al Bahrain) as a collector of zakat. This (letter) was stamped with the stamp of the Messenger of Allah(saws) and was written by Abu Bakr for him(Anas). This letter goes “This is the obligatory sadaqah(zakat) which the Messenger of Allah(saws) imposed on Muslims which Allah commanded his Prophet(saws) to impose. Those Muslims who are asked for the proper amount must give it, but those who are asked for more than that must not give it. For less than twenty five Camels a goat is to be given for every five Camels. When they reach twenty five to thirty five, a she Camel in her second year is to be given. If there is no she Camel in her second year, a male Camel in its third year is to be given. When they reach thirty six to forty five, a she Camel in her third year is to be given. When they reach forty six to sixty , a she Camel in her fourth year which is ready to be covered by a stallion is to be given. When they reach sixty one to seventy five, a she Camel in her fifth year is to be given. When they reach seventy six to ninety, two she Camel in their third year are to be given. When they reach ninety one to a hundred and twenty, two she Camels in their fourth year are ready to be covered by a stallion are to be given. When they exceed a hundred and twenty, a she Camel in her third year is to be given for every forty and a she Camel in her fourth year for every fifty(Camels). In case the ages of the Camel vary in the payment of obligatory sadaqah(zakat) If anyone whose Camels reach the number on which a she Camel in her fifth year is payable does not possess one but possess one in her fourth year, that will be accepted from him along with two goats if he can conveniently give them, or else twenty dirhams. If anyone whose Camels reach the number on which a she Camel in her fourth year is payable does not possess but possesses one in her fifth year, that will be accepted from him, and the collector must give him twenty dirhams or two goats. If anyone whose Camels reach the number on which a she Camel in her fourth year is payable possesses only one in her third year, that will be accepted from him.”

Abu Dawud said From here I could not retain accurately from Musa as I liked “And he must give along with it two goats if he can conveniently give them, or else twenty dirhams. If anyone whose Camels reach the number on which a she Camel in her third year is payable possesses only one in her fourth year, that will be accepted from him.”

Abu Dawud said (I was doubtful) up to here, and retained correctly onward “and the collector must give him twenty dirhams or two goats. If anyone whose Camels reach the number on which a she Camel in her third year is payable does not possess one but possesses one in her second year, that will be accepted from him, but he must give two goats or twenty dirhams. Anyone whose Camels reach the number on which a she Camel in her second year is payable does not possess one but possesses a male Camel in its third year, that will be accepted from him, and nothing extra will be demanded along with it. If anyone possesses only four Camels, no zakat will be payable on them unless their owner wishes. If the numbers of the pasturing goats reach forty to one hundred and twenty, one goat is to be given. Over one hundred and twenty up to two hundred, two goats are to be given. If they exceed two hundred reaching three hundred, three goats are to be given. If they exceed three hundred, a goat is to be for every hundred. An old sheep, one with a defect in the eye, or a male goat is not to be accepted as sadaqah (zakat) unless the collector wishes. Those which are in separate flocks are not to be brought together and those which are in one flock are not to be separated from fear of sadaqah(zakat). Regarding what belongs to two partners, they can make claims for restitution from one another with equity, If a man’s pasturing animals are less than forty, no sadaqah(zakat) is due on them unless their owner wishes. On sliver dirhams a fortieth is payable, but if there are only a hundred and ninety, nothing is payable unless their owner wishes.”

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).

Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

I asked Ibn `Umar about those who were involved in a case of Lien. He said, "The Prophet said to those who were involved in a case of Lien, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." The man said, 'What about my property (Mahr) ?' The Prophet said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from `Amr. Narrated Aiyub: I heard Sa`id bin Jubair saying, "I asked Ibn `Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?' Ibn `Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn `Umar said, 'The Prophet separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?' "

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

When `Abdur-Rahman bin `Auf came to us, Allah's Apostle made a bond of fraternity between him and Sa`d bin Ar-Rabi` who was a rich man, Sa`d said, "The Ansar know that I am the richest of all of them, so I will divide my property into two parts between me and you, and I have two wives; see which of the two you like so that I may divorce her and you can marry her after she becomes lawful to you by her passing the prescribed period (i.e. 'Idda) of divorce. `Abdur Rahman said, "May Allah bless you your family (i.e. wives) for you." (But `Abdur-Rahman went to the market) and did not return on that day except with some gain of dried yogurt and butter. He went on trading just a few days till he came to Allah's Apostle bearing the traces of yellow scent over his clothes. Allah's Apostle asked him, "What is this scent?" He replied, "I have married a woman from the Ansar." Allah's Apostle asked, "How much Mahr have you given?" He said, "A date-stone weight of gold or a golden date-stone." The Prophet said, "Arrange a marriage banquet even with a sheep."

The Prophet (saws) said: He who begs (from people) when he is affluent will come on the Day of Resurrection with scrapes, scratchings, or lacerations on his face. He was asked: What constitutes affluence, Messenger of Allah? He replied:It is fifty dirhams or its value in gold.

The narrator Yahya said: Abdullah ibn Sufyan said to Sufyan: I remember that Shu'bah does not narrate from Hakim ibn Jubayr. Sufyan said: Zubayr transmitted to us this tradition from Muhammad ibn AbdurRahman ibn Yazid.

Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and- so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."

Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this.

Malik said, "If a man's testimony is in agreement with what the woman testified to, that so- and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."

Whenever Allah's Apostle intended to go on a journey, he used to draw lots amongst his wives, and Allah's Apostle used to take with him the one on whom lot fell. He drew lots amongst us during one of the Ghazwat which he fought. The lot fell on me and so I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed. I was carried (on the back of a camel) in my howdah and carried down while still in it (when we came to a halt). So we went on till Allah's Apostle had finished from that Ghazwa of his and returned. When we approached the city of Medina he announced at night that it was time for departure. So when they announced the news of departure, I got up and went away from the army camps, and after finishing from the call of nature, I came back to my riding animal. I touched my chest to find that my necklace which was made of Zifar beads (i.e. Yemenite beads partly black and partly white) was missing. So I returned to look for my necklace and my search for it detained me. (In the meanwhile) the people who used to carry me on my camel, came and took my howdah and put it on the back of my camel on which I used to ride, as they considered that I was in it. In those days women were light in weight for they did not get fat, and flesh did not cover their bodies in abundance as they used to eat only a little food. Those people therefore, disregarded the lightness of the howdah while lifting and carrying it; and at that time I was still a young girl. They made the camel rise and all of them left (along with it). I found my necklace after the army had gone. Then I came to their camping place to find no call maker of them, nor one who would respond to the call. So I intended to go to the place where I used to stay, thinking that they would miss me and come back to me (in my search). While I was sitting in my resting place, I was overwhelmed by sleep and slept. Safwan bin Al-Muattal As-Sulami Adh-Dhakwani was behind the army. When he reached my place in the morning, he saw the figure of a sleeping person and he recognized me on seeing me as he had seen me before the order of compulsory veiling (was prescribed). So I woke up when he recited Istirja' (i.e. "Inna li l-lahi wa inna llaihi raji'un") as soon as he recognized me. I veiled my face with my head cover at once, and by Allah, we did not speak a single word, and I did not hear him saying any word besides his Istirja'. He dismounted from his camel and made it kneel down, putting his leg on its front legs and then I got up and rode on it. Then he set out leading the camel that was carrying me till we overtook the army in the extreme heat of midday while they were at a halt (taking a rest). (Because of the event) some people brought destruction upon themselves and the one who spread the Ifk (i.e. slander) more, was `Abdullah bin Ubai Ibn Salul." (Urwa said, "The people propagated the slander and talked about it in his (i.e. `Abdullah's) presence and he confirmed it and listened to it and asked about it to let it prevail." `Urwa also added, "None was mentioned as members of the slanderous group besides (`Abdullah) except Hassan bin Thabit and Mistah bin Uthatha and Hamna bint Jahsh along with others about whom I have no knowledge, but they were a group as Allah said. It is said that the one who carried most of the slander was `Abdullah bin Ubai bin Salul." `Urwa added, "`Aisha disliked to have Hassan abused in her presence and she used to say, 'It was he who said: My father and his (i.e. my father's) father and my honor are all for the protection of Muhammad's honor from you."). `Aisha added, "After we returned to Medina, I became ill for a month. The people were propagating the forged statements of the slanderers while I was unaware of anything of all that, but I felt that in my present ailment, I was not receiving the same kindness from Allah's Apostle as I used to receive when I got sick. (But now) Allah's Apostle would only come, greet me and say,' How is that (lady)?' and leave. That roused my doubts, but I did not discover the evil (i.e. slander) till I went out after my convalescence, I went out with Um Mistah to Al-Manasi' where we used to answer the call of nature and we used not to go out (to answer the call of nature) except at night, and that was before we had latrines near our houses. And this habit of our concerning evacuating the bowels, was similar to the habits of the old 'Arabs living in the deserts, for it would be troublesome for us to take latrines near our houses. So I and Um Mistah who was the daughter of Abu Ruhm bin Al-Muttalib bin `Abd Manaf, whose mother was the daughter of Sakhr bin 'Amir and the aunt of Abu Bakr As-Siddiq and whose son was Mistah bin Uthatha bin `Abbas bin Al-Muttalib, went out. I and Um Mistah returned to my house after we finished answering the call of nature. Um Mistah stumbled by getting her foot entangled in her covering sheet and on that she said, 'Let Mistah be ruined!' I said, 'What a hard word you have said. Do you abuse a man who took part in the battle of Badr?' On that she said, 'O you Hantah! Didn't you hear what he (i.e. Mistah) said? 'I said, 'What did he say?' Then she told me the slander of the people of Ifk. So my ailment was aggravated, and when I reached my home, Allah's Apostle came to me, and after greeting me, said, 'How is that (lady)?' I said, 'Will you allow me to go to my parents?' as I wanted to be sure about the news through them. Allah's Apostle allowed me (and I went to my parents) and asked my mother, 'O mother! What are the people talking about?' She said, 'O my daughter! Don't worry, for scarcely is there a charming woman who is loved by her husband and whose husband has other wives besides herself that they (i.e. women) would find faults with her.' I said, 'Subhan-Allah! (I testify the uniqueness of Allah). Are the people really talking in this way?' I kept on weeping that night till dawn I could neither stop weeping nor sleep then in the morning again, I kept on weeping. When the Divine Inspiration was delayed. Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid to ask and consult them about divorcing me. Usama bin Zaid said what he knew of my innocence, and the respect he preserved in himself for me. Usama said, '(O Allah's Apostle!) She is your wife and we do not know anything except good about her.' `Ali bin Abi Talib said, 'O Allah's Apostle! Allah does not put you in difficulty and there are plenty of women other than she, yet, ask the maid-servant who will tell you the truth.' On that Allah's Apostle called Barira (i.e. the maid-servant) and said, 'O Barira! Did you ever see anything which aroused your suspicion?' Barira said to him, 'By Him Who has sent you with the Truth. I have never seen anything in her (i.e. Aisha) which I would conceal, except that she is a young girl who sleeps leaving the dough of her family exposed so that the domestic goats come and eat it.' So, on that day, Allah's Apostle got up on the pulpit and complained about `Abdullah bin Ubai (bin Salul) before his companions, saying, 'O you Muslims! Who will relieve me from that man who has hurt me with his evil statement about my family? By Allah, I know nothing except good about my family and they have blamed a man about whom I know nothing except good and he used never to enter my home except with me.' Sa`d bin Mu`adh the brother of Banu `Abd Al-Ashhal got up and said, 'O Allah's Apostle! I will relieve you from him; if he is from the tribe of Al-Aus, then I will chop his head off, and if he is from our brothers, i.e. Al-Khazraj, then order us, and we will fulfill your order.' On that, a man from Al-Khazraj got up. Um Hassan, his cousin, was from his branch tribe, and he was Sa`d bin Ubada, chief of Al-Khazraj. Before this incident, he was a pious man, but his love for his tribe goaded him into saying to Sa`d (bin Mu`adh). 'By Allah, you have told a lie; you shall not and cannot kill him. If he belonged to your people, you would not wish him to be killed.' On that, Usaid bin Hudair who was the cousin of Sa`d (bin Mu`adh) got up and said to Sa`d bin 'Ubada, 'By Allah! You are a liar! We will surely kill him, and you are a hypocrite arguing on the behalf of hypocrites.' On this, the two tribes of Al-Aus and Al Khazraj got so much excited that they were about to fight while Allah's Apostle was standing on the pulpit. Allah's Apostle kept on quietening them till they became silent and so did he. All that day I kept on weeping with my tears never ceasing, and I could never sleep. In the morning my parents were with me and I wept for two nights and a day with my tears never ceasing and I could never sleep till I thought that my liver would burst from weeping. So, while my parents were sitting with me and I was weeping, an Ansari woman asked me to grant her admittance. I allowed her to come in, and when she came in, she sat down and started weeping with me. While we were in this state, Allah's Apostle came, greeted us and sat down. He had never sat with me since that day of the slander. A month had elapsed and no Divine Inspiration came to him about my case. Allah's Apostle then recited Tashah-hud and then said, 'Amma Badu, O `Aisha! I have been informed so-andso about you; if you are innocent, then soon Allah will reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him for forgiveness for when a slave confesses his sins and asks Allah for forgiveness, Allah accepts his repentance.' (continued...) (continuing... 1): -5.462:... ... When Allah's Apostle finished his speech, my tears ceased flowing completely that I no longer felt a single drop of tear flowing. I said to my father, 'Reply to Allah's Apostle on my behalf concerning what he has said.' My father said, 'By Allah, I do not know what to say to Allah's Apostle .' Then I said to my mother, 'Reply to Allah's Apostle on my behalf concerning what he has said.' She said, 'By Allah, I do not know what to say to Allah's Apostle.' In spite of the fact that I was a young girl and had a little knowledge of Qur'an, I said, 'By Allah, no doubt I know that you heard this (slanderous) speech so that it has been planted in your hearts (i.e. minds) and you have taken it as a truth. Now if I tell you that I am innocent, you will not believe me, and if confess to you about it, and Allah knows that I am innocent, you will surely believe me. By Allah, I find no similitude for me and you except that of Joseph's father when he said, '(For me) patience in the most fitting against that which you assert; it is Allah (Alone) Whose Help can be sought.' Then I turned to the other side and lay on my bed; and Allah knew then that I was innocent and hoped that Allah would reveal my innocence. But, by Allah, I never thought that Allah would reveal about my case, Divine Inspiration, that would be recited (forever) as I considered myself too unworthy to be talked of by Allah with something of my concern, but I hoped that Allah's Apostle might have a dream in which Allah would prove my innocence. But, by Allah, before Allah's Apostle left his seat and before any of the household left, the Divine inspiration came to Allah's Apostle. So there overtook him the same hard condition which used to overtake him, (when he used to be inspired Divinely). The sweat was dropping from his body like pearls though it was a wintry day and that was because of the weighty statement which was being revealed to him. When that state of Allah's Apostle was over, he got up smiling, and the first word he said was, 'O `Aisha! Allah has declared your innocence!' Then my Mother said to me, 'Get up and go to him (i.e. Allah's Apostle). I replied, 'By Allah, I will not go to him, and I praise none but Allah. So Allah revealed the ten Verses:- - "Verily! They who spread the slander Are a gang, among you............." (24.11-20) Allah revealed those Qur'anic Verses to declare my innocence. Abu Bakr As-Siddiq who used to disburse money for Mistah bin Uthatha because of his relationship to him and his poverty, said, 'By Allah, I will never give to Mistah bin Uthatha anything after what he has said about Aisha.' Then Allah revealed:-- "And let not those among you who are good and wealthy swear not to give (any sort of help) to their kinsmen, those in need, and those who have left their homes for Allah's cause, let them pardon and forgive. Do you not love that Allah should forgive you? And Allah is oft-Forgiving Most Merciful." (24.22) Abu Bakr As-Siddiq said, 'Yes, by Allah, I would like that Allah forgive me.' and went on giving Mistah the money he used to give him before. He also added, 'By Allah, I will never deprive him of it at all.' Aisha further said:." Allah's Apostle also asked Zainab bint Jahsh (i.e. his wife) about my case. He said to Zainab, 'What do you know and what did you see?" She replied, "O Allah's Apostle! I refrain from claiming falsely that I have heard or seen anything. By Allah, I know nothing except good (about `Aisha).' From amongst the wives of the Prophet Zainab was my peer (in beauty and in the love she received from the Prophet) but Allah saved her from that evil because of her piety. Her sister Hamna, started struggling on her behalf and she was destroyed along with those who were destroyed. The man who was blamed said, 'Subhan-Allah! By Him in Whose Hand my soul is, I have never uncovered the cover (i.e. veil) of any female.' Later on the man was martyred in Allah's Cause."

The Prophet (saws) was brought a necklace in which there were gold and pearls.

(The narrators AbuBakr and (Ahmad) Ibn Mani' said: The pearls were set with gold in it, and a man bought it for nine or seven dinars.)

The Prophet (saws) said: (It must not be sold) till the contents are considered separately. The narrator said: He returned it till the contents were considered separately. The narrator Ibn Asa said: By this I intended trade.

Abu Dawud said: The word hijarah (stone) was recorded in his note-book before, but he changed it and narrated tijarah (trade).

Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid that Abdullah ibn Amr ibn al-Hadrami brought a slave of his to Umar ibn al-Khattab and said to him, "Cut off the hand of this slave of mine. He has stolen." Umar said to him, "What did he steal?" He said, "He stole a mirror belonging to my wife. Its value was sixty dirhams." Umar said, "Let him go. His hand is not to be cut off. He is your servant who has stolen your belongings."

Abdullah b. Yazid al-Khatmi reported on the authority of Abu Ayyub (Allah be pleased with him) that he prayed the sunset and 'Isha' prayers (together) at Muzdalifa in the company of Allah's Messenger (may peace be upon him) on the occasion of the Farewell Pilgrimage.

Ibn Umar reported Allah's Messenger (may peace be upon him) cursing the woman who added false hair and the woman who asked for tattoos. This hadith has been reported on the authority of Abdullah through another chain of transmitters.

Abu Musa reported Allah's Messenger (may peace be upon him) as saying that Allah, the Exalted and Glorious, Stretches out His Hand during the night so that the people may repent for the fault committed from dawn till dusk and He stretches out His Hand during the day so that the people may repent for the fault committed from dusk to dawn. (He would accept repentance) before the sun rises in the west (before the Day of Resurrection). A hadith like this has been narrated on the authority of Shu'ba with the same chain of transmitters.

Anas reported that the people of Mecca demanded from Allah's Messenger (may peace be upon him) that he should show them (some) signs (miracles) and he showed twice the splitting of the moon. This hadlth has been narrated on the authority of Anas through another chain of transmitters.

Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.

Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.

Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."

Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."

Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.

"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.

"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqat (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."

I went to the Prophet during the Ghazwa of Tabuk while he was sitting in a leather tent. He said, "Count six signs that indicate the approach of the Hour: my death, the conquest of Jerusalem, a plague that will afflict you (and kill you in great numbers) as the plague that afflicts sheep, the increase of wealth to such an extent that even if one is given one hundred Dinars, he will not be satisfied; then an affliction which no Arab house will escape, and then a truce between you and Bani Al-Asfar (i.e. the Byzantines) who will betray you and attack you under eighty flags. Under each flag will be twelve thousand soldiers.

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."

Abu Bakr wrote to me what Allah had instructed His Apostle (p.b.u.h) to do regarding the one who had to pay one Bint Makhad (i.e. one year-old she-camel) as Zakat, and he did not have it but had got Bint Labun (two year old she-camel). (He wrote that) it could be accepted from him as Zakat, and the collector of Zakat would return him 20 Dirhams or two sheep; and if the Zakat payer had not a Bint Makhad, but he had Ibn Labun (a two year old he-camel) then it could be accepted as his Zakat, but he would not be paid anything .

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.

"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."

AbulJuwayriyyah al-Jarmi said: I found a red pitcher containing dinars in Byzantine territory during the reign of Mu'awiyah. A man from the Companions of the Prophet (saws) belonging to Banu Sulaym was our ruler. He was called Ma'an ibn Yazid. I brought it to him. He apportioned it among the Muslims. He gave me the same portion which he gave to one of them. He then said: Had I not heard the Messenger of Allah (saws) say: There is no reward except after taking the fifth (from the booty), I would have given you (the reward). He then presented his own share to me, but I refused.

Malik said, "If someone advances for goods to be delivered after a time, and those goods are neither something to be eaten nor drunk, he can sell them to whomever he likes for cash or goods, before he takes delivery of them, to some one other than the person from whom he purchased them. He must not sell them to the person from whom he bought them except in exchange for goods which he takes possession of immediately and does not defer."

Malik said, "If the delivery date for the goods has not arrived, there is no harm in selling them to the original owner for goods which are clearly different and which he takes immediate possession of and does not defer."

Malik spoke about the case of a man who advanced dinars or dirhams for four specified pieces of cloth to be delivered before a specified time and when the term fell due, he demanded delivery from the seller and the seller did not have them. He found that the seller had cloth but inferior quality, and the seller said that he would give him eight of those cloths. Malik said, "There is no harm in that if he takes the cloths which he offers him before they separate. It is not good if delayed terms enter into the transaction. It is also not good if that is before the end of the term, unless he sells him cloth which is notthetypeof cloth for which he made an advance.

A partner of mine sold some Dirhams on credit in the market. I said, "Glorified be Allah! Is this legal?" He replied, "Glorified be Allah! By Allah, when I sold them in the market, nobody objected to it." Then I asked Al-Bara' bin `Azib (about it) he said, "We used to make such a transaction when the Prophet came to Medina. So he said, 'There is no harm in it if it is done from hand to hand, but it is not allowed on credit.' Go to Zaid bin Al- Arqam and ask him about it for he was the greatest trader of all of us." So I asked Zaid bin Al-Arqam., and he said the same (as Al-Bara) did."

A woman came to Allah's Apostle and said, "O Allah's Apostle! I have come to give you myself in marriage (without Mahr)." Allah's Apostle looked at her. He looked at her carefully and fixed his glance on her and then lowered his head. When the lady saw that he did not say anything, she sat down. A man from his companions got up and said, "O Allah's Apostle! If you are not in need of her, then marry her to me." The Prophet said, "Have you got anything to offer?" The man said, "No, by Allah, O Allah's Apostle!" The Prophet said (to him), "Go to your family and see if you have something." The man went and returned, saying, "No, by Allah, I have not found anything." Allah's Apostle said, "(Go again) and look for something, even if it is an iron ring." He went again and returned, saying, "No, by Allah, O Allah's Apostle! I could not find even an iron ring, but this is my Izar (waist sheet)." He had no rida. He added, "I give half of it to her." Allah's Apostle said, "What will she do with your Izar? If you wear it, she will be naked, and if she wears it, you will be naked." So that man sat down for a long while and then got up (to depart). When Allah's Apostle saw him going, he ordered that he be called back. When he came, the Prophet said, "How much of the Qur'an do you know?" He said, "I know such Sura and such Sura," counting them. The Prophet said, "Do you know them by heart?" He replied, "Yes." The Prophet said, "Go, I marry her to you for that much of the Qur'an which you have."

The Messenger of Allah (saws) would not say funeral prayer over a person who died while the debt was due from him. A dead Muslim was brought to him and he asked: Is there any debt due from him? They (the people) said: Yes, two dirhams. He said: Pray yourselves over your companion.

Then AbuQatadah al-Ansari said: I shall pay them, Messenger of Allah. The Messenger of Allah (saws) then prayed over him.

When Allah granted conquests to the Messenger of Allah (saws), he said: I am nearer to every believer than himself, so if anyone (dies and) leaves a debt, I shall be responsible for paying it; and if anyone leaves property, it goes to his heirs.

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that Amr ibn Sulaym az-Zuraqi informed his father that it had been said to Umar ibn al-Khattab, "There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in ash- Sham. He has property. Here he only has the daughter of one of his paternal uncles." Umar ibn al-Khattab instructed, "Let him leave her a bequest." He willed her a property called the well of Jusham.

Malik added, "That property was sold for 30,000 dirhams, and the daughter of the paternal uncle to whom he willed it was the mother of Amr ibn Sulaym az-Zuraqi."

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

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

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

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

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

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

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

"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."

Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."

A woman came to Allah's Apostle and said, "O Allah's Apostle! I have come to you to present myself to you (for marriage)." Allah's Apostle glanced at her. He looked at her carefully and fixed his glance on her and then lowered his head. When the lady saw that he did not say anything, she sat down. A man from his companions got up and said, "O Allah's Apostle! If you are not in need of her, then marry her to me." The Prophet said, "Have you got anything to offer." The man said, 'No, by Allah, O Allah's Apostle!" The Prophet said (to him), "Go to your family and try to find something." So the man went and returned, saying, "No, by Allah, O Allah's Apostle! I have not found anything." The Prophet said, "Go again and look for something, even if it were an iron ring." He went and returned, saying, "No, by Allah, O Allah's Apostle! I could not find even an iron ring, but this is my Izar (waist sheet).' He had no Rida (upper garment). He added, "I give half of it to her." Allah's Apostle said "What will she do with your Izar? If you wear it, she will have nothing over herself thereof (will be naked); and if she wears it, then you will have nothing over yourself thereof ' So the man sat for a long period and then got up (to leave). When Allah's Apostle saw him leaving, he ordered that he e called back. When he came, the Prophet asked (him), "How much of the Qur'an do you know (by heart)?" The man replied, I know such Sura and such Sura and such Sura," naming the suras. The Prophet said, "Can you recite it by heart?" He said, 'Yes." The Prophet said, "Go I let you marry her for what you know of the Qur'an (as her Mahr).

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani said, "A man died on the day of Hunayn, and they mentioned him to the Messenger of Allah, may Allah bless him and grant him peace." Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "You pray over your companion." (i.e. he would not pray himself). The people's faces dropped at that. Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, "Your companion stole from the spoils taken in the way of Allah." Zayd said, "So we opened up his baggage and found some Jews' beads worth about two dirhams."

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

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

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

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

Jabir b. 'Abdullah reported that Allah's Messenger (may peace be upon him) forbade (the preparation) of Nabidh in green pitcher, in varnished jar, in hollow stump, and when Allah's Messenger (may peace be upon him) did not find anything to prepare Nabidh in that (i. e. waterskin), it was prepared for him in a big bowl made of stone.