Ali said (to the people of 'Iraq), "Judge as you used to judge, for I hate differences (and I do my best ) till the people unite as one group, or I die as my companions have died."

Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."

Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."

Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."

The Prophet (saws) said: When you hear....(Musa's version has): When a man says people have perished, he is the one who has suffered that fate most.

Abu Dawud said: Malik said: If he says that out of sadness for the decadence of religion which he sees among the people, I do not think there is any harm in that. If he says that out of self-conceit and servility of the people, it is an abominable act which has been prohibited.

The Prophet said, "(The people will be thrown into Hell ( Fire) and it will keep on saying, 'Is there any more?' till the Lord of the worlds puts His Foot over it, whereupon its different sides will come close to each other, and it will say, 'Qad! Qad! (enough! enough!) By Your 'Izzat (Honor and Power) and YOUR KARAM (Generosity)!' Paradise will remain spacious enough to accommodate more people until Allah will create some more people and let them dwell in the superfluous space of Paradise. "

Allah's Apostle was the (most handsome), most generous and the bravest of all the people. Once the people of Medina got frightened having heard an uproar at night. So, the Prophet met the people while he was riding an unsaddled horse belonging to Abu Talha and carrying his sword (slung over his shoulder). He said (to them), "Don't get scared, don't get scared." Then he added, "I found it (i.e the horse) very fast."

When Mu`adh arrived at Yemen, he led them (i.e. the people of Yemen) in the Fajr prayer wherein he recited: 'Allah took Abraham as a Khalil.' A man amongst the people said, "(How) glad the mother of Abraham is!" (In another narration) `Amr said, "The Prophet sent Mu`adh to Yemen and he (led the people) in the Fajr prayer and recited: 'Allah took Abraham as a Khalil. A man behind him said, "(How) glad the mother of Abraham is!"

The Messenger of Allah (saws) came out and saw that the people were praying during (the night of) Ramadan in the corner of the mosque. He asked: Who are these people ? It was said to him that those were people who had not learnt Quran. But Ubayy b. Ka'b is praying and they would pray behind him. The Prophet (saws) said: They did right and it is good what they did.

Abu Dawud said: This tradition is not strong, the narrator Muslim b. Khalid is weak.

The Prophet said to me during Hajjat-al-Wada`, "Let the people keep quiet and listen." Then he said (addressing the people), "Beware! Do not renegade as disbelievers after me by striking (cutting) the necks of one another."

Yahya related to me from Malik that he had heard the people of knowledge say, "Women do not have to raise their voices when they are doing talbiya, and a woman should only speak loudly enough to hear herself."

Malik said, "Some one who is in ihram should not raise his voice when doing talbiya if he is in a mosque where there are groups of people. He should only speak loudly enough for himself and those who are near him to be able to hear, except in the Masjid alHaram and the mosque at Mina, where he should raise his voice."

Malik said, "I have heard some of the people of knowledge recommending (people to do) talbiya at the end of every prayer and at every rise on the route."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

Sahl bin Sa`d was asked about the (Prophet's) pulpit as to what thing it was made of? Sahl replied: "None remains alive amongst the people, who knows about it better than I. It was made of tamarisk (wood) of the forest. So and so, the slave of so and so prepared it for Allah's Apostle . When it was constructed and place (in the Mosque), Allah's Apostle stood on it facing the Qibla and said 'Allahu Akbar', and the people stood behind him (and led the people in prayer). He recited and bowed and the people bowed behind him. Then he raised his head and stepped back, got down and prostrated on the ground and then he again ascended the pulpit, recited, bowed, raised his head and stepped back, got down and prostrate on the ground. So, this is what I know about the pulpit." Ahmad bin Hanbal said, "As the Prophet was at a higher level than the people, there is no harm according to the above-mentioned Hadith if the Imam is at a higher level than his followers during the prayers."

Allah's Apostle said, "This branch from Quraish will ruin the people." The companions of the Prophet asked, "What do you order us to do (then)?" He said, "I would suggest that the people keep away from them.''

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

'Umar asked about the decision of the Prophet (saws) about that (i.e. abortion). Haml b. Malik b. al-Nabhigah got up and said: I was between two women. One of them struck another with a rolling-pin killing both her and what was in her womb. So the Messenger of Allah (saws) gave judgement that the bloodwit for the unborn child should be a male or a female slave of the best quality and the she should be killed.

Abu Dawud said: Al-Nadr b. Shumail said: Mistah means a rolling-pin.

Abu Dawud said: Abu 'Ubaid said: Mistah means a pole from the tent-poles.

(regarding) the Verse: 'And if you fear that you shall not be able to deal justly with the orphans...' (4.3) It is about the orphan girl who is in the custody of a man who is her guardian, and he intends to marry her because of her wealth, but he treats her badly and does not manage her property fairly and honestly. Such a man should marry women of his liking other than her, two or three or four. 'Prohibited to you (for marriage) are: ...your foster-mothers (who suckled you).' (4.23) Marriage is prohibited between persons having a foster suckling relationship corresponding to a blood relationship which renders marriage unlawful.

Allah's Apostle said, "There will be none among you but his Lord will talk to him, and there will be no interpreter between him and Allah. He will look to his right and see nothing but his deeds which he has sent forward, and will look to his left and see nothing but his deeds which he has sent forward, and will look in front of him and see nothing but the (Hell) Fire facing him. So save yourself from the (Hell) Fire even with half a date (given in charity)." Al-A`mash said: `Amr bin Murra said, Khaithama narrated the same and added, '..even with a good word.' "

Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about the time of the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, did not answer him, but in the morning he prayed subh at first light. The following morning he prayed subh when it was much lighter, and then said, 'Where is the man who was asking about the time of the prayer?' The man replied, 'Here I am, Messenger of Allah.' He said,'The time is between these two.' "

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the call to prayer is made Shaytan retreats, passing wind, so that he will not hear the adhan. When the adhan is completed he comes back, until, when the iqama is said, he retreats again. When the iqama is completed, he comes back, until he comes between a man and his self and says, 'Think of such and such, think of such and such,' which he was not thinking about before, until the man does not know how much he has prayed."

Allah's Apostle proceeded from `Arafat till when he reached the mountain pass, he dismounted, urinated and then performed ablution but not a perfect one. I said to him, ("Is it the time for) the prayer, O Allah's Apostle?" He said, "The (place of) prayer is ahead of you." He rode till when he reached Al-Muzdalifa, he dismounted and performed ablution and a perfect one, The (call for) Iqama was pronounced and he led the Maghrib prayer. Then everybody made his camel kneel down at its place. Then the Iqama was pronounced for the `Isha' prayer which the Prophet led and no prayer was offered in between the two . prayers (`Isha' and Maghrib).

Ibn `Umar said, "The Prophet arrived at Mecca and sent for `Uthman bin Talha. He opened the gate of the Ka`ba and the Prophet, Bilal, Usama bin Zaid and `Uthman bin Talha entered the Ka`ba and then they closed its door (from inside). They stayed there for an hour, and then came out." Ibn `Umar added, "I quickly went to Bilal and asked him (whether the Prophet had prayed). Bilal replied, 'He prayed in it.' I asked, 'Where?' He replied, 'Between the two pillars.' "Ibn `Umar added, "I forgot to ask how many rak`at he (the Prophet) had prayed in the Ka`ba."

Allah's Apostle called me to present myself in front of him or the eve of the battle of Uhud, while I was fourteen years of age at that time, and he did not allow me to take part in that battle, but he called me in front of him on the eve of the battle of the Trench when I was fifteen years old, and he allowed me (to join the battle)." Nafi` said, "I went to `Umar bin `Abdul `Aziz who was Caliph at that time and related the above narration to him, He said, "This age (fifteen) is the limit between childhood and manhood," and wrote to his governors to give salaries to those who reached the age of fifteen.

The people of the Scripture used to read the Torah in Hebrew and explain it to the Muslims in Arabic. Then Allah's Apostle said, "Do not believe the people of the Scripture, and do not disbelieve them, but say, 'We believe in Allah and whatever has been revealed...' (3.84)

Yahya related to me from Malik from Ibn Shihab that Said al- Musayyab told him that people used to be told to eat on the day of Fitr before setting out. Malik said that he did not consider that people had to do that for Adha.

The Prophet said, "One of the portents of the Hour is that you will fight with people wearing shoes made of hair; and one of the portents of the Hour is that you will fight with broad-faced people whose faces will look like shields coated with leather."

We used to visit Anas bin Malik and he used to talk to us about the Ansar, and used to say to me: "Your people did so-and-so on such-and-such a day, and your people did so-and-so on such-and-such a day."

The people of the Scripture (Jews) used to recite the Torah in Hebrew and they used to explain it in Arabic to the Muslims. On that Allah's Apostle said, "Do not believe the people of the Scripture or disbelieve them, but say:-- "We believe in Allah and what is revealed to us." (2.136)

The people used to say that Ibn `Umar had embraced Islam before `Umar. This is not true. What happened is that `Umar sent `Abdullah to bring his horse from an Ansari man so as to fight on it. At that time the people were giving the Pledge of allegiance to Allah's Apostle near the Tree, and `Umar was not aware of that. So `Abdullah (bin `Umar) gave the Pledge of Allegiance (to the Prophet) and went to take the horse and brought it to `Umar. While `Umar was putting on the armor to get ready for fighting, `Abdullah informed him that the people were giving the Pledge of allegiance to Allah's Apostle beneath the Tree. So `Umar set out and `Abdullah accompanied him till he gave the Pledge of allegiance to Allah's Apostle, and it was this event that made people say that Ibn `Umar had embraced Islam before `Umar.

The Messenger of Allah (saws) recited surah Sad on the pulpit. When he reached the place of prostration (in the surah), he descended and prostrated himself and the people prostrated with him. When the next day came, he recited it. When he reached the place of prostration (in the surah), the people became ready for prostration. Thereupon the Messenger of Allah (saws) said: This is the repentance of a Prophet ; but I saw you being ready for prostration. So he descended and prostrated himself and the people prostrated along with him.

Some people raided the camels of the Prophet (saws), drove them off, and apostatised. They killed the herdsman of the Messenger of Allah (saws) who was a believer. He (the Prophet) sent (people) in pursuit of them and they were caught. He had their hands and feet cut off, and their eyes put out. The verse regarding fighting against Allah and His Prophet (saws) was then revealed. These were the people about whom Anas ibn Malik informed al-Hajjaj when he asked him.

The Prophet was asked, "Who are the best people?" He replied: The people of my generation, and then those who will follow (come after) them, and then those who will come after the later; after that there will come some people whose witness will precede their oaths and their oaths will go ahead of their witness." Ibrahim (a sub-narrator) said, "When we were young, our elder friends used to prohibit us from taking oaths by saying, 'I bear witness swearing by Allah, or by Allah's Covenant."'

Yahya related to me from Malik that he had heard the people of knowledge telling people not to fast on the day in Shaban when there was doubt (about whether it was Shaban or Ramadan), if they intended by it the fast of Ramadan . They considered that whoever fasted on that day without having seen (the new moon) had to make up that day if it later became clear that it was part of Ramadan. They did not see any harm in voluntary fasting on that day.

Malik said, "This is what we do, and what I have seen the people of knowledge in our city doing."

It was the time for prayer, and those whose houses were near got up and went to their people (to perform ablution), and there remained some people (sitting). Then a painted stove pot (Mikhdab) containing water was brought to Allah's Apostles The pot was small, not broad enough for one to spread one's hand in; yet all the people performed ablution. (The sub narrator said, "We asked Anas, 'How many persons were you?' Anas replied 'We were eighty or more"). (It was one of the miracles of Allah's Apostle).

Allah's Apostle used to pray in his room at night. As the wall of the room was LOW, the people saw him and some of them stood up to follow him in the prayer. In the morning they spread the news. The following night the Prophet stood for the prayer and the people followed him. This went on for two or three nights. Thereupon Allah's Apostle did not stand for the prayer the following night, and did not come out. In the morning, the people asked him about it. He replied, that he way afraid that the night prayer might become compulsory.

Once the Prophet (p.b.u.h) led the fear prayer and the people stood behind him. He said Takbir (Allahu-Akbar) and the people said the same. He bowed and some of them bowed. Then he prostrated and they also prostrated. Then he stood for the second rak`a and those who had prayed the first rak`a left and guarded their brothers. The second party joined him and performed bowing and prostration with him. All the people were in prayer but they were guarding one another during the prayer.

One night Allah's Apostle offered the prayer in the Mosque and the people followed him. The next night he also offered the prayer and too many people gathered. On the third and the fourth nights more people gathered, but Allah's Apostle did not come out to them. In the morning he said, "I saw what you were doing and nothing but the fear that it (i.e. the prayer) might be enjoined on you, stopped me from coming to you." And that happened in the month of Ramadan.

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

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

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

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

"The Prophet (saws) was the nicest person among the people, the most generous of the people, and the bravest among the people." He said: "The inhabitants of Al-Madinah became freightened one night upon hearing a loud noise." He said: "So the Prophet (saws) met them upon an unsaddled horse belonging to Abu Talhah, with a sword hanging around his neck. He said: 'I found him to be (quick) like the sea.'" - meaning the horse.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The Prophet said, "The tribe of Quraish has precedence over the people in this connection (i.e the right of ruling). The Muslims follow the Muslims amongst them, and the infidels follow the infidels amongst them. People are of different natures: The best amongst them in the pre-lslamic period are the best in Islam provided they comprehend the religious knowledge. You will find that the best amongst the people in this respect (i.e. of ruling) is he who hates it (i.e. the idea of ruling) most, till he is given the pledge of allegiance."

Allah's Apostle said, "I saw (in a dream) the people assembled in a gathering, and then Abu Bakr got up and drew one or two buckets of water (from a well) but there was weakness in his drawing. May Allah forgive him. Then `Umar took the bucket and in his hands it turned into a very large bucket. I had never seen anyone amongst: the people who could draw the water as strongly as `Umar till all the people drank their fill and watered their camels that knelt down there.