I came to the Messenger of Allah (ﷺ) when he was in al-Batha` and he said: `What did you enter ihram for?` I said: I have entered ihram for the same as the Prophet (ﷺ) did. He said: `Have you brought a sacrificial animal?` I said: No. He said: “Circumambulate the House and go between as-Safa and al-Marwah, then exit ihraam.” So I circumambulated the House and went between as-Safa and al-Marwah, then I went to a woman of my people and she combed my hair and washed my head. I used to give fatwas on that basis during the caliphate of Abu Bakr and ‘Umar. During one season when I was performing Hajj, a man came to me and said: You do not know the latest fatwa of Ameer al-Mu`mineen concerning the Hajj. I said: O people, if we gave a fatwa, Ameer al-Mu`mineen is coming to you, so follow him in performing Hajj. When he came I said: What is this thing that you have introduced to the rituals [of Hajj]? He said: We see in the Book of Allah that Allah, may He be exalted, says: `And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad (ﷺ), the Hajj and ‘Umrah (i.e. the pilgrimage to Makkah) for Allah` [al-Baqarah 2:196], and if we follow the Sunnah of our Prophet (ﷺ), he did not exit ihraam until he offered the sacrifice.

`Ali (رضي الله عنه) said to me: I had a status with the Messenger of Allah (ﷺ) that no one else had. l used to come to him every morning before dawn and greet him with salam until he cleared his throat. One night I came in and greeted him with salam. I said: Peace be upon you, O Prophet of Allah. He said: “Wait a moment, O Abu Hasan, until I come out to you.” When he came out to me, I said: O Prophet of Allah, has someone upset you? He said: `No.` I said: Why did you not speak to me in the past, but you spoke to me tonight? He said: `I heard a sound in the room and said: ‘Who is this?` He said: `I am jibreel.“ I said: `Come in. He said: ‘No; come out to me.` When I came out he said: `In your house there is something that no angel will enter so long as it is there.` I said: “I did not know, O Jibreel.” He said: `Go and look `So I opened the door and I did not find anything apart from a puppy that al-Hasan had been playing with. I said: `I did not find anything except a puppy.` He said: `There are three things, no angel will enter so long as one of them is in the house: a dog, major impurity or an image of an animate being.”

‘Ali reported God’s messenger as saying, “I have given exemption regarding horses and slaves; with regard to coins, however, you must pay a dirham for every forty, but nothing is payable on a hundred and ninety. When the total reaches two hundred, five dirhams are payable.” Tirmidhi and Abu Dawud transmitted it. In a version by Abu Dawud from al-Harith al-A'war from ‘Ali, from the Prophet, as Zuhair thought,* he said, “Pay a fortieth.” A dirham is payable on every forty, but you are not liable for payment till you have a complete two hundred dirhams. When they reach two hundred five dirhams are payable, and that proportion is applicable to larger amounts. Regarding sheep, for every forty sheep up to a hundred and twenty, one sheep is payable. If there is one more, then up to two hundred two sheep are payable. If there are more, then up to three hundred three sheep are payable, and if there are more than three hundred a sheep is payable for every hundred. But if you possess only thirty-nine, nothing is payable on them. Regarding cattle, a male calf of a year old is payable for every thirty and a cow in its third year for forty, but nothing is payable on working animals. * Zuhair, from whom Abu Dawud’s immediate informant got the tradition, is here quoted as saying he thought 'Ali got the tradition from the Prophet directly. See Abu Dawud, zakat, 5. There are three stages in the isnad between Zuhair and Ali.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."

Hilal b. Umayya accused his wife in the Prophet’s presence of having committed adultery with Sharik b. Sahma'. When the Prophet told him that he must produce evidence or receive punishment on his back, he said, “Messenger of God, when one of us sees a man having intercourse with his wife, must he go and seek evidence?” But the Prophet merely replied that he must produce evidence or receive punishment on his back. Hilal then said, “By Him who sent you with the truth, I am speaking truly. May God send down something which will free my back from punishment!” Then Gabriel descended and brought down to him, “And those who make charges against their spouses,” reciting till he reached, “if he is one of those who speak the truth” (Al-Qur’an 24:6-9).Then Hilal came and gave testimony and the Prophet was saying, “God knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time they stopped her and told her that it would be the deciding one. Ibn ‘Abbas told that she then hesitated and drew back, so that they thought she would renounce what she had said; but thereafter she said, “I shall not disgrace my people forever,” and went on with her declaration. The Prophet told them to look and see whether she gave birth to a child with eyes looking as if they had antimony in them, wide buttocks and fat legs, for if she did, Sharik b. Sahma' would be its father. Then when she gave birth to a child of that description the Prophet said, “If it were not for what has already been stated in God’s Book, I would have dealt severely with her.” Bukhari transmitted it.

'Three have a double reward: one of the People of the Book who believes in his Prophet and then believes in Muhammad has two rewards. When a slave carries out the due of Allah and the due of his master, he has a double reward. And (the third is) a man who has a slavegirl with whom he has intercourse and teaches her well and instructs her well and then sets her free and marries her. He has two rewards.'"

“The Messenger of Allah (saw) slept near me one day, then he woke up smiling. I said: ‘O Messenger of Allah, what has made you smile?’ He said: ‘People of my nation who were shown to me (in my dream) riding across this sea like kings on thrones.’ I said: ‘Supplicate to Allah to make me one of them.’” So he prayed for her. Then he slept again, and did likewise, and she said the same as she said before, and he replied in the same manner. She said: “Pray to Allah to make me one of them,” and he said: “You will be one of the first ones.” He said: “Then she went out with her husband, ‘Ubadah bin Samit, as a fighter, the first time that the Muslims crossed the sea with Mu’awiyah bin Abu Sufyan. On their way back, after they had finished fighting, they stopped in Sham. An animal was brought near for her to ride it, but it threw her off, and she died.”

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi that Ubayd ibn Jurayj once said to Abdullah ibn Umar, "Abu Abd ar- Rahman, I have seen you doing four things which I have never seen any of your companions doing." He said, "What are they, Ibn Jurayj?" and he replied, "I have seen you touching only the twoYamani corners, I have seen you wearing hairless sandals, I have seen you using yellow dye, and, when you were at Makka and everybody had started doing talbiya after seeing the new moon, I saw that you did not do so until the eighth of Dhu'l-Hijja."

Abdullah ibn Umar replied, "As for the corners, I only ever saw the Messenger of Allah, may Allah bless him and grant him peace, touching the two Yamani corners. As for the sandals, I saw the Messenger of Allah, may Allah bless him and grant him peace, wearing hairless sandals and doing wudu in them, and I like wearing them. As for using yellow dye, I saw the Messenger of Allah, may Allah bless him and grant him peace, using it, and I also like to use it for dyeing things with. As for doing talbiya, I never saw the Messenger of Allah, may Allah bless him and grant him peace, begin doing so until he had set out on the animal he was riding on (i.e. for Mina and Arafa)."

"Hilal bin Umayyah went to the Prophet (SAW) and accused his wife of committing illegal sexual intercourse with Sharik bin Sahma. The Messenger of Allah (SAW) said: 'Either you produce proof, or you will receive the legal punishment on your back.'" He said: "Hilal said: 'O Messenger of Allah (SAW)! If one of us saw a man over his wife, should he go and search for witnesses?' The Prophet (SAW) kept on saying: 'Either you produce proof, or you will receive the legal punishment on your back.'" He said: "Hilal then said, 'By Him Who sent you with the Truth and Allah will reveal to you what will save my back from the legal punishment.' Then (the following) was revealed: And for those who accuse their wives, but have not witnesses except themselves, let the testimony of one of them be four testimonies by Allah that he is one of those who speak the truth (24:6-9). He recited it until he reached: 'And the fifth; should be that the wrath of Allah be upon her if he speaks the truth.' Then the Prophet (SAW) was saying: 'Allah knows that one of you is a liar, so, will either of you repent?' Then the woman got up and took the oaths, and when she was about to take the fifth one; That the wrath of Allah be upon her if he speaks the truth', the people stopped her and said to her: 'It will definitely bring about Allah's curse upon you (if you are guilty).'" Ibn 'Abbas said 'So she hesitated, and recoiled so much so, that we thought that she would withdraw her denial. But she said: 'I will not dishonor my family for the rest of their days.' The Prophet (SAW) then said: 'Watch her, if she delivers a child with eyes that appear to have Kuhl on them, big hips, and fat shins then it is Sharik bin Sahma's child.' (Later) she gave birth to a child fitting that description. So the Prophet (SAW) said: 'If it had not been settled in the Book of Allah [the Mighty and Sublime], I would punish her severely.'"

I think, the Prophet (saws) said: "Pay a fortieth. A dirham is payable on every forty, but you are not liable for payment until you have accumulated two hundred dirhams. When you have two hundred dirhams, five dirhams are payable, and that proportion is applicable to larger amounts.

"Regarding sheep, for every forty sheep up to one hundred and twenty, one sheep is due. But if you possess only thirty-nine, nothing is payable on them." He further narrated the tradition about the sadaqah (zakat) on sheep like that of az-Zuhri.

"Regarding cattle, a yearling bull calf is payable for every thirty, and a cow in her third year for forty, and nothing is payable on working animals.

Regarding (the zakat on) camels, he mentioned the rates that az-Zuhri mentioned in his tradition. He said: "For twenty-five camels, five sheep are to be paid. If they exceed by one, 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, up to thirty-five. If they exceed by one a she-camel in her third year is to be given, up to forty-five. If they exceed by one, a she-camel in her fourth year which is ready to be covered by a bull-camel is to be given." He then transmitted the rest of the tradition like that of az-Zuhri.

He continued: If they exceed by one, i.e. they are ninety-one to hundred and twenty, two she-camels in their fourth year, which are ready to be covered by a bull-camel, are to be given. If there are more camels than that, a she-camel in her fourth year is to be given for every fifty. Those which are in one flock are not to be separated, and those which are separate are not to be brought together. An old sheep, one with a defect in the eye, or a billy goat is not to be accepted as a sadaqah unless the collector is willing.

As regards agricultural produce, a tenth is payable on that which is watered by rivers or rain, and a twentieth on that which is watered by draught camels."

The version of Asim and al-Harith says: "Sadaqah (zakat) is payable every year." Zuhayr said: I think he said "Once a year".

The version of Asim has the words: "If a she-camel in her second year is not available among the camels, nor is there a bull-camel in its third year, ten dirhams or two goats are to be given."

"I was brought an animal that was larger than a donkey and smaller than a mule, whose stride could reach as far as it could see. I mounted it, and Jibril was with me, and I set off. Then he said: 'Dismount and pray,' so I did that. He said: 'Do you know where you have prayed? You have prayed in Taibah, which will be the place of the emigration.' Then he said: 'Dismount and pray,' so I prayed. He said: 'Do you know where you have prayed? You have prayed in Mount Sinai, where Allah, the Mighty and Sublime, spoke to Musa, peace be upon him.' So I dismounted and prayed, and he said: 'Do you know where you have prayed? You have prayed in Bethlehem, where 'Eisa, peace be upon him, was born.' Then I entered Bait Al-Maqdis (Jerusalem) where the Prophets, peace be upon them, were assembled for me, and Jibril brought me forward to lead them in prayer. Then I was taken up to the first heaven, where I saw Adam, peace be upon him. Then I was taken up to the second heaven where I saw the maternal cousins 'Eisa and Yahya, peace be upon them. Then I was taken up to the third heaven where I saw Yusuf, peace be upon him. Then I was taken up to the fourth heaven where I saw Harun, peace be upon him. Then I was taken up to the fifth heaven where I saw Idris, peace be upon him. Then I was taken up to the sixth heaven where I saw Musa, peace be upon him. Then I was taken up to the seventh heaven where I saw Ibrahim, peace be upon him. Then I was taken up above seven heavens and we came to Sidrah Al-Muntaha and I was covered with fog. I fell down prostrate and it was said to me: '(Indeed) The day I created the heavens and the Earth, I enjoined upon you and your Ummah fifty prayers, so establish them, you and your Ummah.' I came back to Ibrahim and he did not ask me about anything, then I came to Musa and he said: 'How much did your Lord enjoin upon you and your Ummah?' I said: 'Fifty prayers.' He said: 'You will not be able to establish them, neither you nor your Ummah. Go back to your Lord and ask Him to reduce it.' So I went back to my Lord and He reduced it by ten. Then I came to Musa and he told me to go back, so I went back and He reduced it by ten. Then I came to Musa and he told me to go back, so I went back and He reduced it by ten. Then it was reduced it by ten. Then it was reduced to five prayers. He (Musa) said: 'Go back to you Lord and ask Him to reduce it, for two prayers were enjoined upon the Children of Israel but they did not establish them.' So I went back to my Lord and asked Him to reduce it, but He said: 'The day I created the heavens and the Earth, I enjoined fifty prayers upon you and your Ummah. Five is for fifty, so establish them, you and your Ummah.' I knew that this was what Allah, the Mighty and Sublime, had determined so I went back to Musa, peace be upon him, and he said: 'Go back.' But I knew that it was what Allah had determined, so I did not go back."

Zaid b. Wahb al-Juhani told us that he was in the army which proceeded to (fight with) the Khawarij in the company of `Ali. `Ali then said: O people! I heard the Messenger of Allah (saws) say: there will appear from among my community people who recite the Qur'an, and your recitation has no comparison with their recitation, and your prayer has no comparison with their prayer, and your fasts have no comparison with their fasts. They will recite the Qur'an thinking that it is beneficial for them, while it is harmful for them. Their prayer will not pass their collar-bones. They will swerve from Islam as an arrow goes through the animal shot at. If the army that is approaching them knows what (reward) has been decided for them at the tongue of their Prophet (saws), they would leave (other good) activities. The sign of that is that among them there will be a man who has an upper arm, but not hand; on his upper arm there will be something like the nipple of a female breast, having white hair thereon. Will you go to Mu`awiyah and the people of Syria, and leave them behind among your children and property? I swear by Allah, I hope these are the same people, for they shed the blood unlawfully, and attacked the cattle of the people so go on in the name of Allah. Salamah b. Kuhail said: Zaid b. Wahb then informed me of all the halting places one by one, (saying): Until we passed a bridge. When we fought with each other, `Abd Allah b. Wahb al-Rasibi, who was the leader of the Khawarij, said to them: Throw away the lances and pull out the swords from their sheaths, for I am afraid they will adjure you as they had adjured on the day of Harura. So they threw away their lances and pulled out their swords, and the people pierced them with their lances. They were killed (lying one on the other). On that day only two persons of the partisans (of `Ali) were afflicted. `Ali said: Search for the man with the crippled hand. But they could not find him. Then `Ali got up himself and went to the people who had been killed and were lying on one another. He said: Take them out. They found him just near the ground. So he shouted: Allah is Most Great! He said: Allah spoke the truth, and His Apostle has conveyed. `Ubaidat al-Salmani stood up to him, saying: Commander of the Faithful! Have you heard it from the Messenger of Allah (saws)? He said: Yes, by him, there is no God but He. He put to swear thrice and he swore.

'Adba belonged to a man of Banu 'Aqil. It used to go ahead of pligrims. The man was then captivated. He was brought in chains to the Prophet (saws). The Prophet (saws) was riding on a donkey with a blanket on him. He said: Muhammad, why do you arrest me and capture the one (i.e. the she-camel) which goes ahead of the pilgrims. He replied: We are arresting you on account of the crime committed by your allies Thaqid. Thaqif captivated two persons from among the Companions of the Prophet (saws). He said (whatever he said) I am a Muslim, or he said: I have embraced Islam. When the Prophet (saws) went ahead, he called him: O Muhammed, O Muhammed. Abu Dawud said: I learnt it from the version of the narrator Muhammad b. 'Isa. The Prophet (saws) was compassionate and kind hearted. So he returned to him, and asked: What is the matter with you ? He replied: I am a Muslim. He said: Had you said it when the matter was in your hand, you would have succeeded completely. Abu Dawud said: I then returned to the version of the narrator Sulaiman (b. Harb). He said: Muhammad, I am hungry, so feed me. I am thirsty, so give me water. The Prophet (saws) said: This is your need, or he said: This is his need (the narrator is doubtful). Later on the man was taken back (by Thaqif) as a ransom for the two men (of the Companions of the Prophet). The Prophet (saws) retained 'Adba for his journey. The narrator said: The polytheists raided the pasturing animals of Medina and they took away 'Adba. When they took away 'Adba, they also captivated a Muslim woman. They used to leave their camels in the fields for rest at night. One night they slept and the (Muslim) woman stood up. Any camel on which she put her hand brayed until she came to 'Adba. She came to a she-camel which was docile and experienced. She then rode on her and vowed to Allah that if He saved her, she would sacrifice it. When she came to Medina, the people recognized the she-camel of the Prophet (saws). The Prophet (saws) was then informed about it and he sent for her. She was brought to him and she informed him about her vow. He said: It is a bad return that you have given it. Allah has not saved you, on its (back) that you now sacrifice it. A vow to do an act of disobedience must not be fulfilled, or to do something over which one has no control.

Abu Dawud said: This woman was the wife of Abu Dharr.

Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, "If he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he cannot pay it, the slave-girl is sold so that the capital is restored from her price."

Malik spoke about an investor who made a qirad loan to a man, and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said, "The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods, he takes them and pays the agent back what he put in for them. If the agent refuses, the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself."

Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said, "The agent is responsible for the property. If it is decreased, he is responsible for the loss. If there is profit, the investor has his stipulation of the profit, and then the agent has his stipulation of what remains of the money."

Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said, "If he has a profit, the profit is divided according to the condition between them in the qirad. If he has a loss, he is responsible for the loss."

Malik said about an investor who paid qirad money to a man, and the agent borrowed some of the cash and bought goods for himself with it, "The investor of the capital has a choice. If he wishes, he shares with him in the goods according to the qirad, and if he wishes, he frees himself of them, and takes all of the principal back from the agent. That is what is done with some one who oversteps."

Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95).

Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."

Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."

Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ."

Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his father that A'isha, umm al-muminin, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj and we went into ihram for umra. Afterwards, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has a sacrificial animal with him should go into ihram for hajj and umra together, and he should not leave ihram without leaving ihram for both of them at the same time.' "

She continued "I was menstruating when I got to Makka, so I did not do tawaf of the House or say between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Undo your hair and comb it and leave the umra and go back into ihram for the hajj.' "

She said, "I did so, and when we had completed the hajj, the Messenger of Allah, may Allah bless him and grant him peace, sent me with Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tanim and I performed an umra and he said, 'This is in place of your umra.' "

"Those who had entered ihram for the umra did tawaf of the House and say between Safa and Marwa, then left ihram. Then they did another tawaf after returning from Mina for their hajj, whereas those who entered ihram for the hajj or combined the hajj and the umra, only did one tawaf."

Yahya related the same as that to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha.

I noticed a man whose opinion was followed by everyone, and no one acted contrary to what he said. I asked who he was, and I was informed that he was the Messenger of Allah (PBUH). I said to him twice: "Alaikas- salam ya Rasul-Allah (May Allah render you safe)." He said, "Do not say: 'Alaikas-salamu.' This is the salutation to the dead (during the time of Jahiliyyah). Say, instead: 'As-salamu 'alaika (May Allah render you safe)."' I asked: "Are you the Messenger of Allah?" He replied, "(Yes) I am the Messenger of Allah, The One Who (Allah) will remove your affliction when you are in trouble and call upon Him, Who will cause food to grow for you when you are famine-stricken and call upon Him, and Who will restore to you your lost riding animal in the desert when you call upon Him." I said to him: "Give me instructions (to act upon)." He (PBUH) said, "Do not abuse anyone." (Since then I have never abused anyone, neither a freeman, nor a slave, nor a camel, nor a sheep). He (PBUH) continued, "Do not hold in contempt even an insignificant act of goodness because even talking to your brother with a cheerful countenance is an act of goodness. Hold up your lower garment half way to the leg, and at least above the ankles; for trailing it is arrogance, and Allah dislikes pride. And if a man attributes to you bad things he knows you possess, do not attribute to him bad things that you know he has for he will assume the evil consequences of his abuse."

[Abu Dawud and At-Tirmidhi].

Abu Huraira told that when God’s messenger went out one day, or night, he met Abu Bakr and 'Umar and asked them what had brought them out of their houses at that hour. When they replied that it was hunger he said, "It is the same with me. By Him in whose hand my soul is, what has brought you out has brought me out. Get up." They got up and went with him to a man of the Ansar, but he was not at home. When his wife saw him she gave a hearty welcome and God’s messenger asked her where so and so had gone, to which she replied that he had gone to get them some fresh water. At that moment the Ansari appeared, and seeing God’s messenger and his two companions he said, "Praise be to God! No one has more honourable guests to-day than I." He then went and brought them a bunch containing ripening dates, dried dates and fresh dates, and telling them to eat some of that he took his knife. God’s messenger having warned him not to kill an animal which was giving milk, he killed a sheep for them; and after they had eaten of it and of the bunch and drunk to their satisfaction God’s messenger said to Abu Bakr and 'Umar, "By Him in whose hand my soul is, you 1 will be questioned about this bounty on the day of resurrection. Hunger brought you out of your houses, then you did not return till this bounty came to you." 1. It it noteworthy that the second person pronouns in this and the following sentence are plural although two people are addressed. Muslim transmitted it. Abu Mas'ud’s tradition, "One of the Ansar..." has been mentioned in the chapter on the wedding-feast. 2 2. See p. 684.

Jabir reported God’s messenger as saying, “When the darkness of night comes, or in the evening, collect your children, for the devil is abroad at that time, and when an hour of the night has passed let them free and shut the doors, making mention of God’s name, for the devil does not open a shut door. Tie up you buckets, mentioning God's name; cover up your vessels, mentioning God’s name, even though you should just put something on them, and extinguish your lamps.” (Bukhari and Muslim.) In a version by Bukhari he said, “Cover up the vessels, tie the water-skins, shut the doors, and gather your children in the evening, for the jinn are abroad and seize them; and extinguish the lamps when you go to sleep, for a mouse often drags a wick and burns a household.” In a verison by Muslim he said, “Cover the vessel, tie up the water-skin, shut the doors and extinguish the lamp, for the devil does not loosen a water-skin, or open a door, or uncover a vessel. If all one can do is to put a piece of wood over his vessel and mention God's name let him do so, for a mouse sets a house on fire over its inhabitants.” In a version by him he said, “Do not let your animals and children go at large when the sun sets till the first and darkest part of the night has passed, for the devil is sent out; from the time the sun sets till the first and darkest part of the night is past.” In a version by him he said, “Cover the vessel and tie up the water-skin, for there is a night in the year when pestilence descends, and it does not pass an uncovered vessel or an untied water-skin without some of that pesti- lence descending into it.”

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in our community."

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

Al-Bara' said, "A bedouin came and said, 'Prophet of Allah! Teach me an action which will enable me to enter the Garden.' He said, "The question is a broad one, even though you have asked it in only a few words. Free someone. Set a slave free.' He said, 'Are they not the same thing?' 'No,' he replied, 'Freeing someone is setting someone free yourself. Setting a slave free is to contribute to the price of setting him free. Lend an animal for milking which has a lot of milk and treat your relatives kindly. If you cannot do that, then command the good and forbid the bad. If you cannot do that, then restrain your tongue from everything except what is good."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that he heard Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham say, "My father and I were with Marwan ibn al Hakam at the time when he was amir of Madina, and someone mentioned to him that Abu Hurayra used to say, 'If someone begins the morning junub, he has broken the fast for that day.' Marwan said, 'I swear to you, Abdar-Rahman, you must go to the two umm al muminin, A'isha and Umm Salama, and ask them about it.'

''Abd ar-Rahman went to visit A'isha and I accompanied him. He greeted her and then said, 'Umm al-muminin, we were with Marwan ibn al Hakam and someone mentioned to him that Abu Hurayra used to say that if some one had begun the morning junub, he had broken the fast for that day.' A'isha said, 'It is not as Abu Hurayra says Abd ar-Rahman. Do you dislike what the Messenger of Allah, may Allah bless him and grant him peace, used to do?', and Abd ar-Rahman said, 'No, by Allah.' A'isha said, 'I bear witness that the Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, and would then fast for that day.' "

He continued, "Then we went and visited Umm Salama, and Abd ar- Rahman asked her about the same matter and she said the same as A'isha had said. Then we went off until we came to Marwan ibn al-Hakam Abd ar-Rahman told him what they had both said and Marwan said, 'I swear to you, Abu Muhammad, you must use the mount which is at the door, and go to Abu Hurayra, who is on his land at al Aqiq, and tell him this.' So Abd ar-Rahman rode off, and I went with him, until we came to Abu Hurayra. Abd ar-Rahman talked with him for a while, and then mentioned the matter to him, and Abu Hurayra said, 'I don't know anything about it. I was just told that by someone.'"

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

I went to Safwan bin 'Assal (May Allah be pleased with him) to inquire about wiping with wet hands over light boots while performing Wudu'. He asked me, "What brings you here, Zirr?" I answered: "Search for knowledge". He said, "Angels spread their wings for the seeker of knowledge out of joy for what he seeks". I told him, "I have some doubts in my mind regarding wiping of wet hands over light boots in the course of performing Wudu' after defecation or urinating. Now since you are one of the Companions of the Prophet (PBUH), I have come to ask you whether you heard any saying of the Prophet (PBUH) concerning it?". He replied in the affirmative and said, "He (PBUH) instructed us that during a journey we need not take off our light boots for washing the feet up to three days and nights, except in case of major impurity (after sexual intercourse). In other cases such as sleeping, relieving oneself or urinating, the wiping of wet hands over light boots will suffice." I, then, questioned him, "Did you hear him say anything about love and affection?" He replied, "We accompanied the Messenger of Allah (PBUH) in a journey when a bedouin called out in a loud voice, 'O Muhammad.' The Messenger of Allah (PBUH) replied him in the same tone, 'Here I am.' I said to him (the bedouin), 'Woe to you, lower your voice in his presence, because you are not allowed to do so.' He said, 'By Allah! I will not lower my voice,' and then addressing the Prophet (PBUH) he said, 'What about a person who loves people but has not found himself in their company.' Messenger of Allah (PBUH) replied, 'On the Day of Resurrection, a person will be in the company of those whom he loves.' The Messenger of Allah then kept on talking to us and in the course of his talk, he mentioned a gateway in the heaven, the width of which could be crossed by a rider in forty or seventy years".

Sufyan, one of the narrators of this tradition, said: "This gateway is in the direction of Syria. Allah created it on the day He created the heavens and the earth. It is open for repentance and will not be shut until the sun rises from that direction (i.e., the West) (on Doomsday)".

[At-Tirmidhi, who categorised it as Hadith Hasan Sahih]

That he heard Anas [bin Malik] saying: "The Messenger of Allah (saws) used to visit Umm Haram bint Milhan, who would offer him meals. Umm Haram was the wife of 'Ubadah bin As-Samit. Once the Messenger of Allah (saws) visited her and she provide him with some food and started inspecting this head for lice. Then the Messenger of Allah (saws) slept and afterwards he awoke smiling.

She said: 'I said: "What causes you to smile, O the Messenger of Allah (saws) ?" He said: "Some of my followers who were displayed before me )in a dream) as fighters in Allah's cause, riding on a ship this ocean who were kings upon thrones, or like kings upon thrones." I said: "O Messenger of Allah! Supplicate to Allah to make me among them.'" So he supplicated for her. Then he lay down his head to sleep. Then he woke up and he was smiling. She said: 'So I said to him: "What causes you to smile, O the Messenger of Allah (saws)?" He said: "Some of my followers who were displayed before me (in a dream) as fighters in Allah's cause," and he said similar to what he said earlier. She said: 'I said: "O Messenger of Allah! Supplicate to Allah to make me among them." He said: "You are the earlier ones.'" He said: "So Umm Haram rode on the sea during the time of Mu'awiyah bin Abu Sufyan. She was thrown from the riding animal after she arrived from the ocean voyage, and she died."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Umm Haram bint Milhan is the daughter of Umm Sulaim, the maternal aunt of Anas bin Malik.

Sahl b. al-Hanzaliya told that on the day of Hunain they travelled for a long time with God's messenger, and that in the evening a horseman came and said, "Messenger of God, I went up such and such a mountain and saw Hawazin all together with their women and animals, having collected at Hunain." God's messenger smiled and said, "That will be the booty of the Muslims to-morrow if God most high will." He asked who would go on guard that night, and when Anas b. Abu Marthad al-Ghanawi said he would, he told him to mount. Then when he had mounted a horse of his he said, "Go forward to this ravine till you get to the top of it." In the morning God's messenger came out to his place of prayer and after praying two rak'as he said, "Have you seen any sign of your horseman?" to which a man replied, "We have not, messenger of God." The announcement that the time of prayer had come was then made, and while God's messenger was saying the prayer he began to glance towards the ravine, and when he finished, he said, "Cheer up, for your horseman has come." They began to look between the trees in the ravine, and sure enough he had come. He came on and standing by God's messenger said, "I went till I reached the top of this ravine where God's messenger commanded me, and in the morning, I looked down into both ravines but saw no one." God's messenger asked him if he had dismounted during the night, and when he replied that he had not, except to pray or to relieve himself, God's messenger said, "No blame will apply to you if you do no more supererogatory deeds in future*." *Literally, "no blame will apply to you supposing you do not work (i.e., do anything) after it." The translation above is based on the explanation given in Mirqat, 5:478. ' Abu Dawud transmitted it.

Abu Hurayra reported that the Messenger of Allah, may Allah bless him and grant him peace, said, "One day a man became very thirsty while walking down the road. He came across a well, went down into it, and drank and then climbed out. In front of him he found a dog panting, eating the dust out of thirst. The man said, 'This dog is as thirsty as I was.' He went back down into the well and filled his shoe, putting it into his mouth (in order to climb back up) and then gave the dog water. Therefore Allah thanked him and forgave him." They said, "Messenger of Allah, will we have a reward on account of animals?" He said, "There is a reward on account of every living thing."

“Whoever reads the last two verses from Sūrat al-Baqarah at night, they will be sufficient for him.” Reference: Sahih al-Bukhari 5009

Regarding the word ‘sufficient’ in the hadith, Imam al-Nawawi (RA) says: It was said (by scholars) that it means it will suffice him from the night prayer, and others said it means as a protection against the devils, and yet others said it means protection against harmful animals, and it is likely encompassing of all these things (and more).”

Ibn Ḥajar states: “[It] was explicitly reported by ʿĀsim from ʿAlqamah from Ibn Masʿūd, “Whoever recites (the two verses at) the end of Sūrat al-Baqarah, it will be sufficient for him instead of standing in prayer for one night.”

"I was a man who had a lot of desire for women, and I do not think there was any man who had as great a share of that as me. When Ramadan began, I declared Zihar upon my wife (to last) until Ramadan ended. While she was talking to me one night, part of her body became uncovered. I jumped on her and had intercourse with her. The next morning I went to my people and told them, and said to them: 'Ask the Messenger of Allah (SAW) for me.' They said: 'We will not do that, lest Allah reveal Quran concerning us or the Messenger of Allah (SAW) says, something about us, and it will be a lasting source of disgrace for us. Rather we will leave you to deal with it yourself. Go yourself and tell the Messenger of Allah (SAW) about your problem.' So I went out and when I came to him, I told him what happened. The Messenger of Allah (SAW) said: 'Did you really do that?' I said: 'I really did that, and here I am, O Messenger of Allah. (SAW) I will bear Allah’s ruling on me with patience.' He said: 'Free a slave.' I said: 'By the One Who sent you with the truth, I do not own anything but myself.' He said: 'Fast for two consecutive months.' I said: 'O Messenger of Allah, the thing that happened to me was only because of fasting.' He said: 'Then give charity, or feed sixty poor persons.' I said: 'By the One Who sent you with the truttu we spent last night with no dinner.' He said: 'Then go to the collector of charity of Banu Zuraiq, and tell him to give you something, then feed sixty poor persons, and benefit from the rest.'"

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

“I was a man who had an issue with intercourse with a women that none other than me had. When (the month of) Ramadan entered, I pronounced Zihar upon my wife (to last) until the end of Ramadan, fearing that I might have an encounter with her during the night, and I would continue doing that until daylight came upon me, and I would not be able to stop. One night while she was serving me, something of her became exposed for me, so I rushed myself upon her. When the morning came I went to my people to inform them about what happened to me. I said: ‘Accompany me to the Messenger of Allah to inform him about my case.’ They said: ‘No by Allah! We shall not do that, we feat that something will be revealed about us in the Qur’an, or the Messenger of Allah might say something about us, the disgrace of which will remain upon us. But you do and do whatever you want.’” He said: “So I left and I went to the Messenger of Allah, and informed him of my case. He said: ‘You are the one who did that?” I said: ‘I am the one.’ He said: ‘You are the one who did that?” I said: ‘I am the one.’ He said: ‘You are the one who did that?” I said: ‘I am the one, it is before you, so give me Allah’s judgment, for I shall be patient with that.’ He said: ‘Free a slave.’” He said: “I struck the sides of my neck with me hands, and said: ‘No by the One Who sent you with the Truth! I possess nothing besides it.’ He said: ‘Then fast for two months’ I said: ‘O Messenger of Allah! Did this occur to me other than when I was fasting?’ He said: ‘Then feed sixty poor people.’ I said: ‘By the One Who sent you with the Truth! We have spent these nights of ours hungry without an evening meal.’ He said: ‘Go to the one with the charity from Banu Ruzaiq, tell him to give it to you, then feed a Wasq of it, on your behalf, to sixty poor people. Then help yourself and your dependants with the remainder of it.’” He said: “I returned to my people and said: ‘I found dejection and bad ideas with you, and I found liberalness and blessing with the Messenger of Allah. He ordered me to take your charity, so give it to me.’ So they gave it to me.”

'Allah curses anyone who sacrifices an animal to something other than Allah. Allah curses anyone who steals a milestone. Allah curses anyone who curses his parents. Allah curses anyone who gives shelter to an innovator.'"

'Adi bin Hatim (RAA) narrated, 'The Messenger of Allah (PBUH) said to me, "When you set off your dog, mention Allah's Name (Say Bismillah), and if it catched anything for you and come up to it while it is still alive slaughter it; if you come up to it when the dog has killed it but not eaten any of it, eat it. If you find another dog with yours and the game has been killed, do not eat, for you do not know which of them killed the animal. When you shoot your arrow, mention Allah's Name and if the game goes out of sight for a day and you find it without any marks except for that arrow, eat if you wish, but if you find it drowned in water do not eat it." Agreed upon, and the wording is from Muslim.

Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."

He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."

Abu Hurairah (RAA) narrated that A man came to the Messenger of Allah (P.B.U.H.) and said, “l am ruined O Messenger of Allah (P.B.U.H.)!" The Messenger of Allah (P.B.U.H.) asked him, “What has ruined you?" The man replied, ‘I had intercourse with my wife during the day in Ramadan while fasting)’ The Prophet said to him, "Are you able to free a slave?" The man said, ‘No.’ The Prophet said, "Can you fast for two consecutive months?" He said, ‘NO.' The Prophet then asked him, "Can you provide food for sixty poor people?" He said, ‘No.’ Then the man sat down. A basket of dates was brought to the Prophet and he said to the man, “Give this as Sadaqah (voluntary charity)” The man said, ‘To someone who is poorer than us!’ There is no one in this city (Al-Madinah) who is in need of these dates more than us!’ The Prophet laughed until his molar teeth could be seen and said to the man, “Go and feed your family with these dates.” Related by the seven Imams and the wording is from Muslim.

“Umar bin ‘Abdul-‘Aziz sent for me and I came to him upon the riding animal prepared for swift mail delivery. When I came to him, he said: ‘We have caused you some trouble O Abu Sallam.’ He said: ‘Yes, by Allah, O Commander of the Believers!’ He said: ‘By Allah, we did not want to cause you any hardship, but there is a Hadith which I have heard that you narrate from Thawban, the freed slave of the Messenger of Allah (saw), concerning the Cistern, and I wanted to hear it directly from you.’ He said: “I said: ‘Thawban, the freed slave of the Messenger of Allah (saw), told me that the Messenger of Allah (saw) said: “My Cistern is (wider than) the distance between Ailah and ‘Aden. It is whiter than milk and sweeter than honey, and its cups are as many as the stars in the sky. Whoever drinks from it will never feel thirst again. The first ones who come to drink from it will be the poor Muhajirin, with dirty clothes and disheveled hair, who do not marry refined women and for whom no doors are opened.” ‘Umar wept until his beard became wet, then he said: ‘But I have married refined women and doors have been opened for me. Certainly I will not wash the clothes that are on my body until they become dirt, and I will not comb my hair until it becomes disheveled.’”

When God's messenger was in my house, he mentioned the dajjal saying, "Before he comes there will be three years, one in which the heaven will withhold a third of its rain and the earth a third of its vegetation, the second in which the heaven will withhold two-thirds of its rain and the earth two-thirds of its vegetation, and the third in which the heaven will withhold all its rain and the earth all its vegetation, and every animal with hoof or fang will perish. One of the severest of his afflictions will be his coming to a nomadic Arab and saying, `Tell me, if I bring your camels to life for you, will you not know that I am your Lord?' and he will reply, `Certainly. He will then make the devils appear to him like his camels with the finest udders and the highest humps. He will come to a man whose brother and father have died and say, `Tell me, if I bring your father and your brother to life for you, will you not know that I am your Lord?' and he will reply, `Certainly.' He will then make the devils appear to him like his father and his brother." She said that God's messenger then went out to relieve himself and when he found on his return that the people were greatly upset over what he had told them, he put his hands on the sides of the door and said, "What is the matter, Asma'?" When she replied that their hearts were perturbed over them; mention of the dajjal, he said, "If he comes forth when I am alive, I shall dispute with him, otherwise my Lord will take my place on behalf of every believer." She said, "Messenger of God, I swear by God that when we knead our dough, we are hungry before we make it into bread. Now how will believers fare at that time?" He replied, "The glorifying of God and the declaration of His holiness which are enough for the angels will be enough for them." ...Transmitted it. The source of the tradition is omitted in the text. It occurs in Ahmad b. Hanbal, Musnad, vol. 6, p. 455 f. A form of the tradition is also given in Tayalisi's Musnad (Haidarabad, 1321), p. 227.

Abud Darda' reported God's messenger as saying, "Hunger will be cast upon the inhabitants of hell and will be equal to the punishment they are experiencing. They will cry for help and will be helped with food of dari' [1] which neither fattens nor satisfies hunger. They will then call for food and will be fed with food which chokes[2]. So, remembering that they helped down choking food with drink when they were in the world they will ask for drink and the scalding drink[3] will be presented to them on iron flesh-hooks. When they approach their faces they will scorch their faces, and when they enter their bellies, they will cut in pieces the contents of their bellies. They will then ask the guards of Jahannam to be called and they will say, `Did your messengers not bring you the clear signs?' and when they reply, `Yes,' they will say, `Then make supplication, but the supplication of the infidels is only in error[4].' They will then ask Malik to be called and will say, `0 Malik, would that your Lord might put an end to us!' He will reply to them, `You are remaining'[5] (al-A`mash[6] saying he had been informed that the period between their appeal and Malik's reply to them would be a thousand years). They will then say, `Call your Lord, for no one is better than your Lord,' and they will say, `0 our Lord, our adversity was too much for us and we were a people who were astray. 0 our Lord, bring us out of it; then if we return to evil, we shall indeed be wrongdoers.' He will then answer them, `Retreat into it in shame and do not speak to Me[7].' They will then despair of all good and will begin to sigh, grieve and bemoan themselves." `Abdallah b. `Abd ar-Rahman[8] said that people do not trace this tradition back to the Prophet. 1. Cf. Qur'an, 88:6. The name of a thorny plant which animals avoid. It is used in the Qur'an of some substance which, as Taj al-'arus says, is more bitter than aloes, more offensive than a corpse, and hotter than fire. 2. Cf. Qur'an, 73:13. 3. Cf. Qur'an, 22:19 f. 4. Qur'an, 40:50. 5. Qur'an, 43:77. Malik is the angel in charge of hell. 6. One of the transmitters of the tradition. 7. Qur'an, 23:106 ff. 8. i.e., Darimi, whose Musnad is frequently quoted. Tirmidhi transmitted it.

Qays ibn 'Asim as-Sa'idi said, "I came to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'This is the master of the people of the desert.' I said, 'Messenger of Allah, how much property can I have without owning anything to someone who comes with a request or a guest?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'The best property is forty. A lot of property is sixty. Woe to those who have hundreds except for he who gives away something precious, lends an animal with abundant milk or sacrifices a fat animal to eat and feeds beggars and the poor.' I asked, 'Messenger of Allah, which is the noblest of these qualities?' The valley where I am does not support many flocks.' The Prophet replied, 'So what do you give as a gift?' I replied, 'I give virgin camels and she-camels.' The Prophet asked, 'How much do you give as a loan?' I said, 'I lend a hundred.' He asked, 'What do you do with she-camels that are ready to be mated?' He replied, 'People bring their ropes (to use as halters for the male camels) and no man is prevented from taking a camel on which he puts a halter. He takes the male camel he thinks is the proper one (for mating and keeps it) until he returns it.' The Prophet, may Allah bless him and grant him peace, said, 'Which do you love more ? your property or your mawali (i.e. your heirs).' ('My property,' he replied.) The Prophet said, 'Your share is what you eat of your property and consume or what you give away and spend. The rest of it belongs to your heirs.' I said, 'When I go back, I must lessen it.'"

“We entered upon Jabir bin ‘Abdullah, and when we reached him he asked about the people (i.e., what their names were, etc.). When he reached me, I said: ‘I am Muhammad bin ‘Ali bin Husain.’ He stretched forth his hand towards my head, and undid my top button, then undid my lower button. Then he placed his hand on my chest, and I was a young boy at that time. Then he said: ‘Welcome to you, ask whatever you want.’ So I asked him, and he was blind. The time for prayer came, so he stood up, wrapping himself in a woven cloth. Every time he put it on his shoulders, its edges came up, because it was too small. And his cloak was beside him on a hook. He led us in prayer, then he said: ‘Tell us about the Hajj of the Messenger of Allah (saw).’ He held up his hands, showing nine (fingers), and said: ‘The Messenger of Allah (saw) stayed for nine years without performing Hajj, then it was announced to the people in the tenth year that the Messenger of Allah (saw) was going for Hajj. So many people came to Al-Madinah, all of them seeking to follow the Messenger of Allah (saw) and do what he did. He set out and we set out with him, and we came to Dhul-Hulaifah where Asma’ bint ‘Umais gave birth to Muhammad bin Abu Bakr. She sent word to the Messenger of Allah (saw) asking what she should do. He said: “Perform Ghusl, fasten a cloth around your waist and enter Ihram.” The Messenger of Allah (saw) prayed in the mosque, then he rode Qaswa’ (his she-camel) until, when his she-camel arose with him upon Baida’,’ Jabir said: ‘As far as I could see, I saw people riding and walking in front of him, and I saw the same to his right and left, and behind him, and the Messenger of Allah (saw) was among us and Qur’an was being revealed to him, and he understood its meaning. Whatever he did, we did too. Then he began the Talbiyah of monotheism: “Labbaika Allahumma labbaik, labbaika la sharika laka labbaik. Innal-hamda wan-ni’mata laka wal-mulk, la sharika laka (Here I am, O Allah, here I am. Here I am, You have no partner, here I am. Verily all praise and blessings are Yours, and all sovereignty, You have no partner).” And the people repeated his words. And the Messenger of Allah (saw) approved of that. And the Messenger of Allah (saw) continued to recite the Talbiyah.’ Jabir said: ‘We did not intend (to do) anything but Hajj. We were not aware of ‘Umrah. Then when we reached the House with him, he touched the Corner, and walked quickly (Ramal) for three circuits and walked (normally) for four. Then he stood at the place of Ibrahim and said: “And take you (people) the place of Ibrahim as a place of prayer.” [2:125] He stood with the place between him and the House. My father used to say:* “And I do not think that he mentioned it other than from the Prophet (saw): ‘That he used to recite in those two Rak’ah (at the place of Ibrahim): “Say: ‘O you disbelievers!’” [Al-Kafirun (109)] and “Say: ‘He is Allah, (the) One.’” [Al-Ikhlas (112)] “Then he went back to the House and touched the Corner, then he went out through the gate to Safa. When he drew near to Safa he recited: “Verily, Safa and Marwah are among the symbols of Allah,” [2:158] (and said:) “We will start with that with which Allah started.” So he started with Safa and climbed it until he could see the House, then proclaimed the greatness of Allah (by saying: Allahu Akbar) and said Tahlil (La ilaha illallah) and praised Him (saying Al-Hamdulillah), and he said: “La ilaha illallah wahdahu la sharika lahu, lahul-mulku, wa lahul-hamdu, yuhyi wa yumit wa huwa ‘ala kulli shai’in Qadir. La ilaha illallah wahdahu, La sharika lahu anjaza wa’dahu, wa nasara ‘abduhu, wa hazamal-Ahzaba wahdahu (None has the right to be worshiped but Allah alone, with no partner or associate; His is the dominion, all praise is due to Him, He gives life and causes death and He is able to do all things. None has the right to be worshiped but Allah alone; He has no partner or associate, He fulfilled His promise, granted victory to His slave, and defeated the Confederates alone).” And he said that three times, supplication in between. Then he headed towards Marwah walking normally until, when he started to go downhill, he walked quickly (Ramal) in the bottom of the valley. When he started to go uphill, he walked normally, until he reached Marwah, and he did atop Marwah what he had done atop Safa. At the end of his Sa’y, atop Marwah he said: “If I had known before what I have come to know now, I would not have garlanded the sacrificial animal, and I would have made it ‘Umrah. Whoever among you does not have a sacrificial animal with him, let him exit Ihram and make it ‘Umrah.” So all the people exited Ihram and cut their hair, except the Prophet (saw) and those who had sacrificial animals with them. Suraqah bin Malik bin Ju’shum stood up and said: “O Messenger of Allah! Is this for this year only, or forever and ever?” The Messenger of Allah (saw) interlaced his fingers and said: “‘Umrah is included in Hajj like this,” twice. “No, it is forever and ever.” ‘Ali brought the camels of the Prophet (saw), and he found that Fatimah was one of those who had exited Ihram. She had put on a dyed garment and used kohl. ‘Ali disliked this action on her part, but she said: “My father told me to do this.” ‘Ali used to say in Iraq: “So I went to the Messenger of Allah (saw), feeling upset with Fatimah because of what she had done, to ask the Messenger of Allah (saw) about what she had said that he said, and that I had disliked that. He said: ‘She spoke the truth, she spoke the truth. What did you say when you began your Hajj?’” He said: “I said: ‘O Allah, I begin the Talbiyah for that for which your Messenger (saw) begins the Talbiyah.’ (He said:) ‘And I have the sacrificial animal with me, so do not exit Ihram.’ He said: “The total number of sacrificial animals that ‘Ali had brought from Yemen and that the Prophet (saw) brought from Al-Madinah were one hundred. Then all the people exited Ihram and cut their hair, apart from the Prophet (saw) and those who had sacrificial animals with them. When the day of Tarwiyah came (the 8th of Dhul-Hijjah), they headed for Mina and began the Talbiyah for Hajj. The Messenger of Allah (saw) rode. He prayed Zuhr, ‘Asr, Maghrib, ‘Isha’ and Fajr at Mina. Then he stayed for a short while until the sun rose, and he ordered that a tent of goat hair be pitched for him in Namirah. Then the Messenger of Allah (saw) set out, and the Quraish were certain that he was going to stay at Al-Mash’ar Haram or at Al-Muzdalifah, as Quraish used to do during the Ignorance days. But the Messenger of Allah (saw) continued until he came to ‘Arafat, where he found that the tent had been pitched for him in Namirah, and he stopped there. Then when the sun had passed its zenith, he called for Qaswa’ and she was saddled for him. He rode until he came to the bottom of the valley, and he addressed the people and said: ‘Your blood and your wealth are sacred to you, as sacred as this day of yours, in this month of yours, in this land of yours. Every matter of Ignorance days is abolished, beneath these two feet of mine. The blood feuds of the Ignorance days are abolished, and the first blood feud of Rabi’ah bin Harith, who was nursed among Banu Sa’d and killed by Hudhail. The usuries of Ignorance days are abolished, and the first usury (that I abolish) is our usury, the usury due to ‘Abbas bin ‘Abdul-Muttalib. It is all abolished. Fear Allah with regard to women, for you have taken them as a trust from Allah, and intimacy with them has become permissible to you through Allah’s Word. Your rights over them are that they should not allow anyone whom you dislike to sit on your bedding.** If they do that, then hit them, but in a manner that does not cause injury or leave a mark. Their rights over you are that you should provide for them and clothe them in a reasonable manner. I have left behind you something which, if you adhere to it, you will never go astray: the Book of Allah. You will be asked about me. What will you say?’ They said: ‘We bear witness that you have conveyed (the message) and fulfilled (your duty) and offered sincere advice.’ He gestured with his forefinger towards the sky and then towards the people, (and said:) ‘O Allah, bear witness, O Allah bear witness,’ three times. Then Bilal called the Adhan, then the Iqamah, and he prayed Zuhr. Then he made Iqamah and prayed ‘Asr, and he did not offer any prayer between them. Then the Messenger of Allah (saw) rode until he came to the place of standing, and he made his she-camel face Sakharat*** with the path in the sand in front of him, and he faced the Qiblah, then he remained standing until the sun had set and the afterglow had lessened somewhat, when the disk of the sun disappeared. Then he seated Usamah bin Zaid behind him and the Messenger of Allah (saw) set out. He pulled Qaswa’s reins tight until her head was touching the saddle, and he gestured with his right hand: ‘O people, calmly, calmly!’ Every time he came to a hill, he released the reins a little so that she could climb. Then he came to Muzdalifah where he prayed Maghrib and ‘Isha’ with one Adhan and two Iqamah, offering no prayer in between. Then the Messenger of Allah (saw) lay down until dawn came, and he prayed Fajr, when he saw that morning had come, with one Adhan and one Iqamah. Then he rode Qaswa’ until he came to Al-Mash’ar Al-Haram. He climbed it and praised Allah and proclaimed His greatness and that He is the only One worthy of worship. Then he remained standing until it had become quite bright, then he moved on before the sun rose. He seated Fadl bin ‘Abbas behind him, who was a man with lovely hair, white and handsome. When the Messenger of Allah (saw) moved on, he passed some women riding camels. Fadl started to look at them, so the Messenger of Allah (saw) put his hand on the other side. Fadl turned his face to the other side to look. When he came to Muhassir, he sped up a little. Then he followed the middle road that brings you out to the biggest Pillar, until he reached the Pillar that is by the tree. He threw seven pebbles, saying the Takbir with each throw, pebbles suitable for Khadhf (i.e., the size of a chickpea) throwing from the bottom of the valley. Then he went to the place of slaughter, and slaughtered sixty-three camels with his own hand. Then he handed it over to ‘Ali who slaughtered the rest, and he gave him a share in his sacrificial animal. Then he ordered that a piece from each camel be brought; (the pieces) were put in a pot and cooked, and they (the Prophet (saw) and ‘Ali) ate from the meat and drank from the soup. Then the Messenger of Allah (saw) hastened to the House, and prayed Zuhr in Makkah. He came to Banu ‘Abdul-Muttalib, who were providing water to the pilgrims at Zamzam, and said: ‘Draw me some water, O Banu ‘Abdul-Muttalib. Were it not that the people would overwhelm you, I would have drawn water with you.’ So they drew up a bucket for him and he drank from it.’”

* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"

Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."

Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."

Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."

Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."

Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."

Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."

An-Nu’man bin Bashir (RAA) narrated, I heard Allah‘s Messenger (P.B.U.H.) saying, (Nu'man pointed with his two fingers to his ears) ‘Both lawful (Halal) and unlawful things (Haram) are evident but in between them there are doubtful things·and most people have no knowledge about them. So he, who saves himself from these doubtful things, saves his religion and his honor (i.e. keeps them blameless). And he who indulges in these doubtful things is like a shepherd who pastures (his animals) near the Hima (private pasture) of someone else and at any moment he is liable to get in it. (O people!) Beware! Every king has a Hima and the Hima of Allah on the earth is what He declared unlawful (Haram). Beware In the body there is a piece of flesh if it becomes sound and healthy, the whole body becomes sound and healthy but if it gets spoilt, the whole body gets spoilt and that is the heart.” Agreed upon.

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.”

The Messenger of Allah (may peace be upon him) came out in the year of al-Hudaibbiyyah with over ten hundreds of Companions and when he came to Dhu al Hulaifah. He garlanded and marked the sacrificial animals, and entered the sacred state of Umrah. He then went on with the tradition. The Prophet moved on and when he came to the mountain, pass by which one descends (to Mecca) to them, his riding-beast knelt down, and the people said twice: Go on, go on, al-Qaswa has become jaded. The Prophet (May peace be upon him) said: She has not become jaded and that is not a characteristic of hers, but He Who restrained the elephant has restrained her. He then said: By Him in Whose hand my soul is, they will not ask any me good thing by which they honor which God has made sacred without my giving them it. He then urged her and she leaped up and he turned aside from them, and stopped at the farthest side of al-Hudaibiyyah at a pool with little water. Meanwhile Budail bin Warqa al-Khuza’I came, and ‘Urwah bin Mas’ud joined him. He began to speak to the Prophet (may peace be upon him). Whenever he spoke to the Prophet (may peace be upon him), he caught his beard. Al Mughriah bin Shu’bah was standing beside the Prophet (may peace be upon him).He had a sword with him, wearing a helmet. He (Al Mughriah) struck his (‘Urwah’s) hand with the lower end of his sheath, and said: Keep away your hand from his beard. ‘Urwah then raised his hand and asked: Who is this? They replied: Al-Mughirah bin Shu’bah. He said: O treacherous one! Did I not use my offices in your treachery? In pre-Islamic days Al-Mughirah bin Shu’bah accompanied some people and murdered them, and took their property. He then came (to the Prophet) and embraced Islam. The Prophet (may peace be upon him) said: As for Islam we accepted it, but as to the property, as it has been taken by treachery, we have no need of it. He went on with the tradition the Prophet (saws) said: Write down: This is what Muhammad, the Messenger of Allah, has decided. He then narrated the tradition. Suhail then said: And that a man will not come to you from us, even if he follows your religion, without you sending him back to us. When he finished drawing up the document, the Prophet (saws) said to his Companions: Get up and sacrifice and then shave. Thereafter some believing women who were immigrants came. (Allah sent down: O yea who believe, when believing women come to you as emigrants). Allah most high forbade them to send them back, but ordered them to restore the dower. He then returned to Medina. Abu Basir a man from the Quraish (who was a Muslim), came to him. And they sent (two men) to look for him; so he handed him over to the two men. They took him away, and when they reached Dhu Al Hulaifah and alighted to eat some dates which they had, Abu Basir said to one of the men : I swear by Allah so-and-so, that I think this sword of yours is a fine one; the other drew the sword and said : Yes I have tried it. Abu Basir said: Let me look at it. He let him have it and he struck him till he died, whereupon the other fled and came to Medina, and running entered the mosque. The Prophet ( may peace be upon him) said: This man has seen something frightful. He said: I swear by Allah that my Companion has been killed, and im as good as dead. Abu Basir then arrived and said: Allah has fulfilled your covenant. You returned me to them, but Allah saved me from them. The Prophet (saws) said: Woe to his mother, stirrer up of war! Would that he had someone (i.e. some kinsfolk). When he heard that he knew that he would send him back to them, so he went out and came to the seashore. Abu Jandal escaped and joined Abu Basir till a band of them collected.

Abu Hurairah and Zaid bin Khalid al-Juhani (RAA) narrated that a Bedouin came to the Prophet (PBUH) and said, 'O Messenger of Allah! I beseech you by Allah, that you judge between us according to Allah's laws' The man's opponent who was wiser than him got up and said, 'Yes, judge between us according to Allah's Law and kindly allow me (to speak).' The Prophet (PBUH) said, "Speak." He said, 'My son was a laborer working for that man (the Bedouin) and he committed illegal sexual intercourse with his wife, and I was informed that my son deserved to be stoned to death (as punishment for this offence). I ransomed him with one hundred sheep and a slave girl. But when I asked the knowledgeable people they told me that my son should receive a hundred lashes and be exiled for a year, and the man's wife should be stoned to death. The Messenger of Allah (PBUH) replied, "By Him in Whose Hands my soul is, I shall judge between you according to the Law of Allah (i.e. His Book). The slave girl and the sheep are to be returned to you. As for your son, he has to receive one hundred lashes and be exiled for a year. O Unais! Go to this man's wife, and if she confesses, then stone her to death." Agreed upon, and this is Muslim's version.

“I came to ‘Abdullah bin ‘Amr bin ‘As when he was sitting in the shade of the Ka’bah, and the people were gathered around him, and I heard him say: ‘While we were with the Messenger of Allah (saw) on a journey, he stopped to camp and some of us were pitching tents, some were competing in shooting arrows and some were taking the animals out to graze them. Then his caller called out: “As-Salatu Jami’ah (prayer is about to begin).” So we gathered, and the Messenger of Allah (saw) stood up and addressed us. He said: “There has never been a Prophet before me who was not obliged to tell his nation of what he knew was good for them, and to warn against what he knew was bad for them. With regard to this nation of yours, soundness (of religious commitment) and well-being has been placed in its earlier generations and the last of them will be afflicted with calamities and things that you dislike. Then there will come tribulations which will make the earlier ones pale into significance, and the believer will say: ‘This will be the end of me,’ then relief will come. Then (more) tribulations will come and the believer will say: ‘This will be the end of me,’ then relief will come. Whoever would like to be taken far away from Hell and admitted to Paradise, let him die believing in Allah and the Last Day, and let him treat people as he would like to be treated. Whoever gives his oath of allegiance to a ruler and gives a sincere promise, let him obey him as much as he can, and if another comes and challenges him, let them strike the neck (i.e., kill) the second one.’” He the narrator said: “I raised my head among the people and said: 'I adjure you by Allah, did you hear that from the Messenger of Allah (SAW)?' He ('Abdullah bin 'Amr bin Al-'As) pointed with his hand to his ears and said: I heard it directly from him and memorized it.'”

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

Abu Naufal Mu'awiya b. Muslim told that he saw `Abdallah b. az-Zubair on the hill-road leading to Medina[1]. Quraish and others began to go past him, and when `Abdallah b. `Umar came past he stopped where he was and said, "Peace be upon you, Abu Khubaib; peace be upon you, Abu Khubaib; peace be upon you, Abu Khubaib! I swear by God that I was forbidding you to do what would lead to this. I swear by God that I was forbidding you to do what would lead to this. I swear by God that I was forbidding you to do what would lead to this. I swear by God that I have known you were given to fasting, praying by night and joining ties of relationship. I swear by God that a people among whom you are reckoned the worst is a wicked people[2]." A version has, ``a good people". `Abdallah b. `Umar then moved on. When al-Hajjaj heard of 'Abdallah stopping and of what he had said, he sent and had Ibn az-Zubair taken down from his palm-trunk and cast among the graves of the Jews. He then sent for his mother, Asma' daughter of Abu Bakr, but she refused to go to him. He then sent the messenger back to say she must come, or he would send someone for her who would drag her by the hair. She refused to go saying, "I swear by God that I shall not go to you till you send someone for me to drag me by my hair." He called for his smooth leather sandals, and taking them went off in a hurry[3]. Then when he went in to see her, he said, "What do you think of the way I have dealt with God's enemy?" She replied, "I consider that you have spoiled his worldly interests and that he has spoiled your interests in the next world. I heard that you were addressing him as the son of the woman with two girdles. I swear by God that I am the woman with two girdles, one of which was used by me to tie up the food of God's messenger and of Abu Bakr out of reach of animals, and the other is the girdle with which no woman can dispense. God's messenger told us that Thaqif would have among them a great liar and one who would cause destruction, and I consider that the one who was to cause destruction is no other than you." He then got up and left her, and said no more to her. 1. The reference is to Abdallah's dead body where he was crucified on the outskirts of Mecca. 2. Mirqat, 5:515, explains this as meaning that a people who think such a good man to be the worst of them are indeed wicked. The version which follows gives a twist to the meaning, suggesting that a people among whom he is the worst must be very good. 3. Or, swaggering. Muslim transmitted it.