Yahya related to me from Malik that Abdullah ibn Abdullah ibn Jabir ibn Atik said that Abdullah ibn Umar had come to them in Bani Muawiya, one of the villages of the Ansar, and said, "Do you know where the Messenger of Allah, may Allah bless him and grant him peace, prayed in this mosque of yours? "I told him, "Yes," and I pointed out a place near where he was. He said, "Do you know the three things for which he made dua here?" I said "Yes." He said, "Tell me them then." I said, "He asked that He would not make an enemy from among the non- believers triumph over the believers and that He would not destroy the believers by bad harvests, and he was given both these things. And he asked that He would not make the believers fight among themselves, and that was refused." Ibn Umar said, "You have told the truth," and he added, "Turmoil will not cease until the day of rising."

Once Allah's Apostle entered upon me and he was in a very happy mood and said, "O `Aisha: Don't you know that Mujazziz Al-Mudliji entered and saw Usama and Zaid with a velvet covering on them and their heads were covered while their feet were uncovered. He said, 'These feet belong to each other.'

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."

Abu Bakr sent for me owing to the large number of casualties in the battle of Al-Yamama, while `Umar was sitting with him. Abu Bakr said (to me), `Umar has come to my and said, 'A great number of Qaris of the Holy Qur'an were killed on the day of the battle of Al-Yamama, and I am afraid that the casualties among the Qaris of the Qur'an may increase on other battle-fields whereby a large part of the Qur'an may be lost. Therefore I consider it advisable that you (Abu Bakr) should have the Qur'an collected.' I said, 'How dare I do something which Allah's Apostle did not do?' `Umar said, By Allah, it is something beneficial.' `Umar kept on pressing me for that till Allah opened my chest for that for which He had opened the chest of `Umar and I had in that matter, the same opinion as `Umar had." Abu Bakr then said to me (Zaid), "You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for the fragmentary scripts of the Qur'an and collect it (in one Book)." Zaid further said: By Allah, if Abu Bakr had ordered me to shift a mountain among the mountains from one place to another it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said (to `Umar and Abu Bakr), "How can you do something which Allah's Apostle did not do?" Abu Bakr said, "By Allah, it is something beneficial." Zaid added: So he (Abu Bakr) kept on pressing me for that until Allah opened my chest for that for which He had opened the chests of Abu Bakr and `Umar, and I had in that matter, the same opinion as theirs. So I started compiling the Qur'an by collecting it from the leafless stalks of the date-palm tree and from the pieces of leather and hides and from the stones, and from the chests of men (who had memorized the Qur'an). I found the last verses of Sirat-at-Tauba: ("Verily there has come unto you an Apostle (Muhammad) from amongst yourselves--' (9.128-129) ) from Khuza`ima or Abi Khuza`ima and I added to it the rest of the Sura. The manuscripts of the Qur'an remained with Abu Bakr till Allah took him unto Him. Then it remained with `Umar till Allah took him unto Him, and then with Hafsa bint `Umar.

Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."

Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."

Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such- and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."

Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."

When it was the day of the battle of Al-Ahzab (i.e. the clans), Allah's Apostle said, "O Allah! Fill their (i.e. the infidels') houses and graves with fire as they busied us so much that we did not perform the prayer (i.e. `Asr) till the sun set."

Allah's Apostle said, "If anyone of you looked at a person who was made superior to him in property and (in good) appearance, then he should also look at the one who is inferior to him.

(the wife of the Prophet) Allah's Apostle died while Abu Bakr was at a place called As-Sunah (Al-'Aliya) 'Umar stood up and said, "By Allah! Allah's Apostle is not dead!" 'Umar (later on) said, "By Allah! Nothing occurred to my mind except that." He said, "Verily! Allah will resurrect him and he will cut the hands and legs of some men." Then Abu Bakr came and uncovered the face of Allah's Apostle, kissed him and said, "Let my mother and father be sacrificed for you, (O Allah's Apostle), you are good in life and in death. By Allah in Whose Hands my life is, Allah will never make you taste death twice." Then he went out and said, "O oath-taker! Don't be hasty." When Abu Bakr spoke, 'Umar sat down. Abu Bakr praised and glorified Allah and said, No doubt! Whoever worshipped Muhammad, then Muhammad is dead, but whoever worshipped Allah, then Allah is Alive and shall never die." Then he recited Allah's Statement.:-- "(O Muhammad) Verily you will die, and they also will die." (39.30) He also recited:--

"Muhammad is no more than an Apostle; and indeed many Apostles have passed away, before him, If he dies Or is killed, will you then Turn back on your heels? And he who turns back On his heels, not the least Harm will he do to Allah And Allah will give reward to those Who are grateful." (3.144)

The people wept loudly, and the Ansar were assembled with Sad bin 'Ubada in the shed of Bani Saida. They said (to the emigrants). "There should be one 'Amir from us and one from you." Then Abu Bakr, Umar bin Al-Khattab and Abu 'baida bin Al-Jarrah went to them. 'Umar wanted to speak but Abu Bakr stopped him. 'Umar later on used to say, "By Allah, I intended only to say something that appealed to me and I was afraid that Abu Bakr would not speak so well. Then Abu Bakr spoke and his speech was very eloquent. He said in his statement, "We are the rulers and you (Ansars) are the ministers (i.e. advisers)," Hubab bin Al-Mundhir said, "No, by Allah we won't accept this. But there must be a ruler from us and a ruler from you." Abu Bakr said, "No, we will be the rulers and you will be the ministers, for they (i.e. Quarish) are the best family amongst the 'Arabs and of best origin. So you should elect either 'Umar or Abu 'Ubaida bin Al-Jarrah as your ruler." 'Umar said (to Abu Bakr), "No but we elect you, for you are our chief and the best amongst us and the most beloved of all of us to Allah's Apostle." So 'Umar took Abu Bakr's hand and gave the pledge of allegiance and the people too gave the pledge of allegiance to Abu Bakr. Someone said, "You have killed Sad bin Ubada." 'Umar said, "Allah has killed him."

I never heard `Umar saying about something that he thought it would be so-and-so, but he was quite right. Once, while `Umar was sitting, a handsome man passed by him, `Umar said, "If I am not wrong, this person is still on his religion of the pre-lslamic period of ignorance or he was their foreteller. Call the man to me." When the man was called to him, he told him of his thought. The man said, "I have never seen such a day on which a Muslim is faced with such an accusation." `Umar said, "I am determined that you should tell me the truth." He said, "I was a foreteller in the pre-lslamic period of ignorance." Then `Umar said, "Tell me the most astonishing thing your female Jinn has told you of." He said, "One-day while I was in the market, she came to me scared and said, 'Haven't you seen the Jinns and their despair and they were overthrown after their defeat (and prevented from listening to the news of the heaven) so that they (stopped going to the sky and) kept following camel-riders (i.e. 'Arabs)?" `Umar said, "He is right." and added, "One day while I was near their idols, there came a man with a calf and slaughtered it as a sacrifice (for the idols). An (unseen) creature shouted at him, and I have never heard harsher than his voice. He was crying, 'O you bold evil-doer! A matter of success! An eloquent man is saying: None has the right to be worshipped except you (O Allah).' On that the people fled, but I said, 'I shall not go away till I know what is behind this.' Then the cry came again: 'O you bold evil-doer! A matter of success! An eloquent man is saying: None has the right to be worshipped except Allah.' I then went away and a few days later it was said, "A prophet has appeared."

They came to an-Nu'man and said: You have set them free without beating and investigation. An-Nu'man said: What do you want? You want me to beat them. If your goods are found with them, then it is all right; otherwise, I shall take (retaliation) from your back as I have taken from their backs. They asked: Is this your decision? He said: This is the decision of Allah and His Apostle (saws).

Abu Dawud said: By this statement he frightened them ; that is, beating is not necessary except after acknowledgement.

We came to the Prophet and we were young men nearly of equal ages and we stayed with him for twenty nights. Allah's Apostle was a very kind man and when he realized our longing for our families, he asked us about those whom we had left behind. When we informed him, he said, "Go back to your families and stay with them and teach them (religion) and order them (to do good deeds). The Prophet mentioned things some of which I remembered and some I did not. Then he said, "Pray as you have seen me praying, and when it is the time of prayer, one of you should pronounce the call (Adhan) for the prayer and the eldest of you should lead the prayer. "

The Prophet used to proceed to the Musalla on the days of Id-ul-Fitr and Id-ul-Adha; the first thing to begin with was the prayer and after that he would stand in front of the people and the people would keep sitting in their rows. Then he would preach to them, advise them and give them orders, (i.e. Khutba). And after that if he wished to send an army for an expedition, he would do so; or if he wanted to give and order, he would do so, and then depart. The people followed this tradition till I went out with Marwan, the Governor of Medina, for the prayer of Id-ul-Adha or Id-ul-Fitr. When we reached the Musalla, there was a pulpit made by Kathir bin As-Salt. Marwan wanted to get up on that pulpit before the prayer. I got hold of his clothes but he pulled them and ascended the pulpit and delivered the Khutba before the prayer. I said to him, "By Allah, you have changed (the Prophet's tradition)." He replied, "O Abu Sa`id! Gone is that which you know." I said, "By Allah! What I know is better than what I do not know." Marwan said, "People do not sit to listen to our Khutba after the prayer, so I delivered the Khutba before the prayer."

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

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

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

The Prophet said, "I will be at my Lake-Fount (Kauthar) waiting for whoever will come to me. Then some people will be taken away from me whereupon I will say, 'My followers!' It will be said, 'You do not know they turned Apostates as renegades (deserted their religion).'" (Ibn Abi Mulaika said, "Allah, we seek refuge with You from turning on our heels from the (Islamic) religion and from being put to trial").

That the Messenger of Allah (saws) said to the people of weights and measures: "Indeed you have been entrusted with two matters that nations preceding you in the past were destroyed for."

[Abu 'Eisa said:] We do not know this Hadith to be Marfu' except through the narration of Husain bin Qais, and Husain bin Qais was graded weak in Hadith. This has been reported as Maquf narration from Ibn 'Abbas with a Sahih chain of narration.

We were with the Prophet in a funeral procession, and he started scraping the ground with a small stick and said, "There is none amongst you but has been assigned a place (either) in Paradise and (or) in the Hell-Fire." The people said (to him), "Should we not depend upon it?" He said: carry on doing (good) deeds, for everybody will find easy such deeds as will lead him to his destined place. He then recited: "As for him who gives (in charity) and keeps his duty to Allah.." (92.5)

Once the Prophet came while a woman was sitting with me. He said, "Who is she?" I replied, "She is so and so," and told him about her (excessive) praying. He said disapprovingly, "Do (good) deeds which is within your capacity (without being overtaxed) as Allah does not get tired (of giving rewards) but (surely) you will get tired and the best deed (act of Worship) in the sight of Allah is that which is done regularly."

That she said, "O Allah's Apostle! Your companions are returning with the reward of both Hajj and `Umra, while I am returning with (the reward of) Hajj only." He said to her, "Go, and let `Abdur- Rahman (i.e. your brother) make you sit behind him (on the animal)." So, he ordered `AbdurRahman to let her perform `Umra from Al-Tan`im. Then the Prophet waited for her at the higher region of Mecca till she returned.

I came to Al-`Asi bin Wail As-Sahmi and demanded something which he owed me. He said, "I will not give you (your money) till you disbelieve in Muhammad." I said, "No, I shall not disbelieve in Muhammad till you die and then be resurrected." He said, "Will I die and then be resurrected?" I said, 'Yes'. He said', "Then I will have wealth and children there, and I will pay you (there)." So this Verse was revealed:-- 'Have you then seen him who disbelieved in Our Signs and (yet) says: I shall certainly be given wealth and children? (19.77)

The above hadith is narratted through another chain of transmitters.

We came to `Umar in a delegation (during his rule). He started calling the men one by one, calling each by his name. (As he did not call me early) I said to him. "Don't you know me, O chief of the Believers?" He said, "Yes, you embraced Islam when they (i.e. your people) disbelieved; you have come (to the Truth) when they ran away; you fulfilled your promises when they broke theirs; and you recognized it (i.e. the Truth of Islam) when they denied it." On that, `Adi said, "I therefore don't care."

That he asked Sa`id bin Jubair regarding (the statement of Allah). 'Move not your tongue concerning (the Qur'an) to make haste therewith.' He said, "Ibn `Abbas said that the Prophet used to move his lips when the Divine Inspiration was being revealed to him. So the Prophet was ordered not to move his tongue, which he used to do, lest some words should escape his memory. 'It is for Us to collect it' means, We will collect it in your chest;' and its recitation' means, We will make you recite it. 'But when We recite it (i.e. when it is revealed to you), follow its recital; it is for Us to explain it and make it clear,' (i.e. We will explain it through your tongue).

Abu Jamra Nasr bin `Imran Ad-Duba'i said, "I intended to perform Hajj-at-Tamattu` and the people advised me not to do so. I asked Ibn `Abbas regarding it and he ordered me to perform Hajj-at- Tammatu'. Later I saw in a dream someone saying to me, 'Hajj-Mabrur (Hajj performed in accordance with the Prophet's tradition without committing sins and accepted by Allah) and an accepted `Umra.' So I told that dream to Ibn `Abbas. He said, 'This is the tradition of Abul-Qasim.' Then he said to me, 'Stay with me and I shall give you a portion of my property.' " I (Shu`ba) asked, "Why (did he invite you)?" He (Abu Jamra) said, "Because of the dream which I had seen."

Barirah came to seek my help regarding her manumission (freedom). I told herself you like I would pay your price to your masters but your Wala' (allegiance) would be for me." Her masters said, "If you like, you can pay what remains (of the price of her manumission), (Sufyan the sub-narrator once said), or if you like you can manumit her, but her (inheritance) Al-Wala would be for us. "When Allah's Apostle came, I spoke to him about it. He said, "Buy her and manumit her. No doubt Al-Wala' is for the manumitted." Then Allah's Apostle stood on the pulpit (or Allah's Apostle ascended the pulpit as Sufyan once said), and said, "What about some people who impose conditions which are not present in Allah's Book (Laws)? Whoever imposes conditions which are not in Allah's Book (Laws), his conditions will be invalid even if he imposed them a hundred times."

`Umar got some property in Khaibar and he came to the Prophet and informed him about it. The Prophet said to him, "If you wish you can give it in charity." So `Umar gave it in charity (i.e. as an endowment) the yield of which was to be used for the good of the poor, the needy, the kinsmen and the guests.