When there was said about me what was said which I myself was unaware of, Allah's Apostle got up and addressed the people. He recited Tashah-hud, and after glorifying and praising Allah as He deserved, he said, "To proceed: O people Give me your opinion regarding those people who made a forged story against my wife. By Allah, I do not know anything bad about her. By Allah, they accused her of being with a man about whom I have never known anything bad, and he never entered my house unless I was present there, and whenever I went on a journey, he went with me." Sa`d bin Mu`adh got up and said, "O Allah's Apostle Allow me to chop their heads off". Then a man from the Al-Khazraj (Sa`d bin 'Ubada) to whom the mother of (the poet) Hassan bin Thabit was a relative, got up and said (to Sa`d bin Mu`adh), "You have told a lie! By Allah, if those persons were from the Aus Tribe, you would not like to chop their heads off." It was probable that some evil would take place between the Aus and the Khazraj in the mosque, and I was unaware of all that. In the evening of that day, I went out for some of my needs (i.e. to relieve myself), and Um Mistah was accompanying me. On our return, Um Mistah stumbled and said, "Let Mistah. be ruined" I said to her, "O mother Why do you abuse your Son" On that Um Mistah became silent for a while, and stumbling again, she said, "Let Mistah be ruined" I said to her, "Why do you abuse your son?" She stumbled for the third time and said, "Let Mistah be ruined" whereupon I rebuked her for that. She said, "By Allah, I do not abuse him except because of you." I asked her, "Concerning what of my affairs?" So she disclosed the whole story to me. I said, "Has this really happened?" She replied, "Yes, by Allah." I returned to my house, astonished (and distressed) that I did not know for what purpose I had gone out. Then I became sick (fever) and said to Allah's Apostle "Send me to my father's house." So he sent a slave with me, and when I entered the house, I found Um Rum-an (my mother) downstairs while (my father) Abu Bakr was reciting something upstairs. My mother asked, "What has brought you, O (my) daughter?" I informed her and mentioned to her the whole story, but she did not feel it as I did. She said, "O my daughter! Take it easy, for there is never a charming lady loved by her husband who has other wives but that they feel jealous of her and speak badly of her." But she did not feel the news as I did. I asked (her), "Does my father know about it?" She said, "yes" I asked, Does Allah's Apostle know about it too?" She said, "Yes, Allah's Apostle does too." So the tears filled my eyes and I wept. Abu Bakr, who was reading upstairs heard my voice and came down and asked my mother, "What is the matter with her? " She said, "She has heard what has been said about her (as regards the story of Al-lfk)." On that Abu- Bakr wept and said, "I beseech you by Allah, O my daughter, to go back to your home". I went back to my home and Allah's Apostle had come to my house and asked my maid-servant about me (my character). The maid-servant said, "By Allah, I do not know of any defect in her character except that she sleeps and let the sheep enter (her house) and eat her dough." On that, some of the Prophet's companions spoke harshly to her and said, "Tell the truth to Allah's Apostle." Finally they told her of the affair (of the slander). She said, "Subhan Allah! By Allah, I know nothing against her except what goldsmith knows about a piece of pure gold." Then this news reached the man who was accused, and he said, "Subhan Allah! By Allah, I have never uncovered the private parts of any woman." Later that man was martyred in Allah's Cause. Next morning my parents came to pay me a visit and they stayed with me till Allah's Apostle came to me after he had offered the `Asr prayer. He came to me while my parents were sitting around me on my right and my left. He praised and glorified Allah and said, "Now then O `Aisha! If you have committed a bad deed or you have wronged (yourself), then repent to Allah as Allah accepts the repentance from his slaves." An Al-Ansari woman had come and was sitting near the gate. I said (to the Prophet). "Isn't it improper that you speak in such a way in the presence of this lady? Allah's Apostle then gave a piece of advice and I turned to my father and requested him to answer him (on my behalf). My father said, "What should I say?" Then I turned to my mother and asked her to answer him. She said, "What should I say?" When my parents did not give a reply to the Prophet, I said, "I testify that none has the right to be worshipped except Allah, and that Muhammad is His Apostle!" And after praising and glorifying Allah as He deserves, I said, "Now then, by Allah, if I were to tell you that I have not done (this evil action) and Allah is a witness that I am telling the truth, that would not be of any use to me on your part because you (people) have spoken about it and your hearts have absorbed it; and if I were to tell you that I have done this sin and Allah knows that I have not done it, then you will say, 'She has confessed herself guilty." By Allah, 'I do not see a suitable example for me and you but the example of (I tried to remember Jacob's name but couldn't) Joseph's father when he said; So (for me) "Patience is most fitting against that which you assert. It is Allah (alone) whose help can be sought.' At that very hour the Divine Inspiration came to Allah's Apostle and we remained silent. Then the Inspiration was over and I noticed the signs of happiness on his face while he was removing (the sweat) from his forehead and saying, "Have the good tidings O ' "Aisha! Allah has revealed your innocence." At that time I was extremely angry. My parents said to me. "Get up and go to him." I said, "By Allah, I will not do it and will not thank him nor thank either of you, but I will thank Allah Who has revealed my innocence. You have heard this story but neither did not deny it nor change it (to defend me)," (Aisha used to say:) "But as regards Zainab bint Jahsh, (the Prophet's wife), Allah protected her because of her piety, so she did not say anything except good (about me), but her sister, Hamna, was ruined among those who were ruined. Those who used to speak evil about me were Mistah, Hassan bin Thabit, and the hypocrite, `Abdullah bin Ubai, who used to spread that news and tempt others to speak of it, and it was he and Hamna who had the greater share therein. Abu Bakr took an oath that he would never do any favor to Mistah at all. Then Allah revealed the Divine Verse: "Let not those among you who are good and wealthy (i.e. Abu Bakr) swear not to give (any sort of help) to their kinsmen, and those in need, (i.e. Mistah) ...Do you not love that Allah should forgive you? And Allah is Oft-Forgiving, Most Merciful." (24.22) On that, Abu Bakr said, "Yes, by Allah, O our Lord! We wish that You should forgive us." So Abu Bakr again started giving to Mistah the expenditure which he used to give him before.

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula."

Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar."

Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the yearof Khaybar. We did not capture any gold or silver except for personal effects, clothes, and baggage. Rifaa ibn Zayd presented a black slave boy to the Messenger of Allah, may Allah bless him and grant him peace, whose name was Midam. The Messenger of Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura, and when he arrived there, Midam was unsaddling the camel of the Messenger of Allah, may Allah bless him and grant him peace, when a stray arrow struck and killed him. The people said, 'Good luck to him! The Garden!' The Messenger of Allah said, 'No! By He in whose hand my self is! The cloak which he took from the spoils on the Day of Khaybar before they were distributed will blaze with fire on him.' When the people heard that, a man brought a sandal-strap or two sandal-straps to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said, 'A sandal-strap or two sandal-straps of fire!' "

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

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

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

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

32.4 Conditions Permitted in Qirad

Yahya said that he heard Malik say, "What is done in our community about some one who gives a gift not intending a reward is that he calls witnesses to it. It is affirmed for the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."

He said, "If the giver wants to keep the gift after he has had it witnessed, he cannot. If the recipient claims it from him, he takes it."

Malik said, "If some one gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recipient what he claims from him if he has at least one witness. If he does not have a witness, he has nothing . "

Malik said, "If someone gives a gift not expecting anything in return and then the recipient dies, the heirs are in his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has called witnesses to the gift, he cannot do that. If the recipient claims his right he takes it."

Malik said, "If a man has four awsuq of dates he has harvested, four awsuq of grapes he has picked, or four awsuq of wheat he has reaped or four awsuq of pulses he has harvested, the different categories are not added together, and he does not have to pay zakat on any of the categ ries - the dates, the grapes, the wheat or the pulses - until any one of them comes to five awsuq using the sa of the Prophet, may Allah bless him and grant him peace, as the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat (to pay) on anything less than five awsuq of dates. 'lf any of the categories comes to five awsuq, then zakat must be paid. If none of the categories comes to five awsuq, then there is no zakat to pay. The explanation of this is that when a man harvests five awsuq of dates (from his palms), he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal, such as brown wheat, white wheat, barley and sult, which are all considered as one category. If a man reaps five awsuq of any of these, he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same (also) with grapes, whether they be black or red. If a man picks five awsuq of them he has to pay zakat on them, but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category, like cereals, dates and grapes, even if they are of different varieties and are called by different names. Pulses include chick- peas, lentils, beans, peas, and anything which is agreed by everybody to be a pulse. If a man harvests five awsuq of pulses, measuring by the aforementioned sa, the sa of the Prophet, may Allah bless him and grant him peace, he collects them all together and must pay zakat on them, even if they are of every kind of pulse and not just one kind."

Malik said, ''Umar ibn al-Khattab drew a distinction between pulses and wheat when he took zakat from the Nabatean christians. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth."

Malik said, "If some one asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one?', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged for many times tha tamount of silver dirhams.' "

Malik said, regarding date palms which are shared equally between two men, and from which eight awsuq of dates are harvested, "They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land, and the other owns four awsuq or less, the one who owns the five awsuq has to pay zakat, and the other one, who harvested four awsuq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked . Any one of them that harvests five awsuq of dates, or picks five awsuq of grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq."

Malik said, "The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain o rseed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them."

(whose narrations attest each other) Allah's Apostle set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, "Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right." By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet went on advancing till he reached the Thaniya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, "Al-Qaswa' (i.e. the she-camel's name) has become stubborn! Al-Qaswa' has become stubborn!" The Prophet said, "Al-Qaswa' has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he said, "By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them." The Prophet then rebuked the she-camel and she got up. The Prophet changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah's Apostle; of thirst. The Prophet took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa-al- Khuza`i came with some persons from his tribe Khuza`a and they were the advisers of Allah's Apostle who would keep no secret from him and were from the people of Tihama. Budail said, "I left Ka`b bin Luai and 'Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka`ba." Allah's Apostle said, "We have not come to fight anyone, but to perform the `Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the 'Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious." Budail said, "I will inform them of what you have said." So, he set off till he reached Quraish and said, "We have come from that man (i.e. Muhammad) whom we heard saying something which we will disclose to you if you should like." Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, "Relate what you heard him saying." Budail said, "I heard him saying so-and-so," relating what the Prophet had told him. `Urwa bin Mas`ud got up and said, "O people! Aren't you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Don't you know that I invited the people of `Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e. the Prophet) has offered you a reasonable proposal, you'd better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet and started talking to him. The Prophet told him almost the same as he had told Budail. Then `Urwa said, "O Muhammad! Won't you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone." Hearing that, Abu Bakr abused him and said, "Do you say we would run and leave the Prophet alone?" `Urwa said, "Who is that man?" They said, "He is Abu Bakr." `Urwa said to Abu Bakr, "By Him in Whose Hands my life is, were it not for the favor which you did to me and which I did not compensate, I would retort on you." `Urwa kept on talking to the Prophet and seizing the Prophet's beard as he was talking while Al-Mughira bin Shu`ba was standing near the head of the Prophet, holding a sword and wearing a helmet. Whenever `Urwa stretched his hand towards the beard of the Prophet, Al-Mughira would hit his hand with the handle of the sword and say (to `Urwa), "Remove your hand from the beard of Allah's Apostle." `Urwa raised his head and asked, "Who is that?" The people said, "He is Al-Mughira bin Shu`ba." `Urwa said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islam Al-Mughira was in the company of some people. He killed them and took their property and came (to Medina) to embrace Islam. The Prophet said (to him, "As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason). `Urwa then started looking at the Companions of the Prophet. By Allah, whenever Allah's Apostle spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. `Urwa returned to his people and said, "O people! By Allah, I have been to the kings and to Caesar, Khosrau and An- Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect." `Urwa added, "No doubt, he has presented to you a good reasonable offer, so please accept it." A man from the tribe of Bani Kinana said, "Allow me to go to him," and they allowed him, and when he approached the Prophet and his companions, Allah's Apostle said, "He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him." So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Ka`ba." When he returned to his people, he said, 'I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka`ba." Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad, and they allowed him, too. When he approached the Muslims, the Prophet said, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet and as he was talking, Suhail bin `Amr came. When Suhail bin `Amr came, the Prophet said, "Now the matter has become easy." Suhail said to the Prophet "Please conclude a peace treaty with us." So, the Prophet called the clerk and said to him, "Write: By the Name of Allah, the most Beneficent, the most Merciful." Suhail said, "As for 'Beneficent,' by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously." The Muslims said, "By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful." The Prophet said, "Write: By Your Name O Allah." Then he dictated, "This is the peace treaty which Muhammad, Allah's Apostle has concluded." Suhail said, "By Allah, if we knew that you are Allah's Apostle we would not prevent you from visiting the Ka`ba, and would not fight with you. So, write: "Muhammad bin `Abdullah." The Prophet said, "By Allah! I am Apostle of Allah even if you people do not believe me. Write: Muhammad bin `Abdullah." (Az-Zuhri said, "The Prophet accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform `Umra.)" The Prophet said to Suhail, "On the condition that you allow us to visit the House (i.e. Ka`ba) so that we may perform Tawaf around it." Suhail said, "By Allah, we will not (allow you this year) so as not to give chance to the 'Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet got that written. Then Suhail said, "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims said, "Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu- Jandal bin Suhail bin `Amr came from the valley of Mecca staggering with his fetters and fell down amongst the Muslims. Suhail said, "O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me." The Prophet said, "The peace treaty has not been written yet." Suhail said, "I will never allow you to keep him." The Prophet said, "Yes, do." He said, "I won't do.: Mikraz said, "We allow you (to keep him)." Abu Jandal said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don't you see how much I have suffered?" (continued...) (continuing... 1): -3.891:... ... Abu Jandal had been tortured severely for the Cause of Allah. `Umar bin Al-Khattab said, "I went to the Prophet and said, 'Aren't you truly the Apostle of Allah?' The Prophet said, 'Yes, indeed.' I said, 'Isn't our Cause just and the cause of the enemy unjust?' He said, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'I am Allah's Apostle and I do not disobey Him, and He will make me victorious.' I said, 'Didn't you tell us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did I tell you that we would visit the Ka`ba this year?' I said, 'No.' He said, 'So you will visit it and perform Tawaf around it?' " `Umar further said, "I went to Abu Bakr and said, 'O Abu Bakr! Isn't he truly Allah's Prophet?' He replied, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'Indeed, he is Allah's Apostle and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.' I said, 'Was he not telling us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did he tell you that you would go to the Ka`ba this year?' I said, 'No.' He said, "You will go to Ka`ba and perform Tawaf around it." (Az-Zuhri said, " `Umar said, 'I performed many good deeds as expiation for the improper questions I asked them.' ") When the writing of the peace treaty was concluded, Allah's Apostle said to his companions, "Get up and' slaughter your sacrifices and get your head shaved." By Allah none of them got up, and the Prophet repeated his order thrice. When none of them got up, he left them and went to Um Salama and told her of the people's attitudes towards him. Um Salama said, "O the Prophet of Allah! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head." So, the Prophet went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet ); and Allah revealed the following Divine Verses:-- "O you who believe, when the believing women come to you as emigrants examine them . . ." (60.10) `Umar then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaiya married the other. When the Prophet returned to Medina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet ), "Abide by the promise you gave us." So, the Prophet handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah's Apostle saw him he said, "This man appears to have been frightened." When he reached the Prophet he said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "O Allah's Apostle, by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them." The Prophet said, "Woe to his mother! what excellent war kindler he would be, should he only have supporters." When Abu Basir heard that he understood that the Prophet would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail got himself released from them (i.e. infidels) and joined Abu Basir. So, whenever a man from Quraish embraced Islam he would follow Abu Basir till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet would be secure. So the Prophet sent for them (i.e. Abu Basir's companions) and Allah I revealed the following Divine Verses: "And it is He Who Has withheld their hands from you and your hands From them in the midst of Mecca, After He made you the victorious over them. ... the unbelievers had pride and haughtiness, in their hearts ... the pride and haughtiness of the time of ignorance." (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad) was the Prophet of Allah and refused to write: "In the Name of Allah, the most Beneficent, the Most Merciful," and they (the mushriks) prevented them (the Muslims) from visiting the House (the Ka`bah).

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"

When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '

A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

[Muslim].

Mu'awiyah said to al-Miqdam: Do you know that al-Hasan ibn Ali has died? Al-Miqdam recited the Qur'anic verse "We belong to Allah and to Him we shall return."

A man asked him: Do you think it a calamity? He replied: Why should I not consider it a calamity when it is a fact that the Messenger of Allah (saws) used to take him on his lap, saying: This belongs to me and Husayn belongs to Ali?

The man of Banu Asad said: (He was) a live coal which Allah has extinguished. Al-Miqdam said: Today I shall continue to make you angry and make you hear what you dislike. He then said: Mu'awiyah, if I speak the truth, declare me true, and if I tell a lie, declare me false.

He said: Do so. He said: I adjure you by Allah, did you hear the Messenger of Allah (saws) forbidding use to wear gold?

He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of silk?

He replied: Yes. He said: I adjure you by Allah, do you know that the Messenger of Allah (saws) prohibited the wearing of the skins of beasts of prey and riding on them?

He said: Yes. He said: I swear by Allah, I saw all this in your house, O Mu'awiyah.

Mu'awiyah said: I know that I cannot be saved from you, O Miqdam.

Khalid said: Mu'awiyah then ordered to give him what he did not order to give to his two companions, and gave a stipend of two hundred (dirhams) to his son. Al-Miqdam then divided it among his companions, and the man of Banu Asad did not give anything to anyone from the property he received. When Mu'awiyah was informed about it, he said: Al-Miqdam is a generous man; he has an open hand (for generosity). The man of Banu Asad withholds his things in a good manner.

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not go out to meet the caravans for trade, do not bid against each other, outbidding in order to raise the price, and a townsman must not buy on behalf of a man of the desert, and do not tie up the udders of camels and sheep so that they appear to have a lot of milk, for a person who buys them after that has two recourses open to him after he milks them. If he is pleased with them, he keeps them and if he is displeased with them, he can return them along with a sa of dates."

Malik said, "The explanation of the words of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - 'do not bid against each other,' is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade, and Allah knows best."

Malik said, "There is no harm, however, in more than one person bidding against each other over goods put up for sale."

He said, "Were people to leave off haggling when the first person started haggling, an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us."

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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