"When the Prophet (saws) ate, he would lick his three fingers, and he said: 'If one of you drops a piece (of food) then let him remove any harm (dirt) from it and eat it, and do not leave it for Ash-Shaitan.' And he would order us to finish (clean) the dish. And he said: 'Indeed you do not know in which part of your food is the blessing.'

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

From his father that Umm Ayyub informed him that the Prophet (saws) had stayed with them, and they prepared some food for him containing some of these vegetables. But he disliked eating it, so he said to his Companions: "Eat it, for I am not like you are, I fear that I will offend my companion."

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. Umm Ayyub is the wife of Abu Ayyub Al-Ansari.

"Some meat was brought to the Prophet (saws) and a foreleg was presented to him, and he used to like it, so he bit from it."

He said: There are narrations on this topic from Ibn Mas'ud, 'Aishah, 'Abdullah bin Ja'far, and Abu 'Ubaidah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Abu Hayyan's (a narrator in the chain) name is Yahya bin Sa'eed bin Hayyan At-Taimi. Abu Zur'ah bin 'Amr bin Jarir's name is Harim.

From his father that Abu Hurairah informed them that the Prophet (saws) said: "When the servant of one of you has endured heat and smoke preparing his food for him, then let him take him by the hand and make him sit him down with him. If he refuses, then let him take a morsel and feed him with it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Abu Khalid is the father of Isma'il, his name is Sa'd.

"We would eat during the time of the Messenger of Allah (saws) while we were walking, and we would drink while we were standing."

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib as a narration of 'Ubaidullah bin 'Umar, from Nafi', from Ibn 'Umar. 'Imran bin Hudair reported this Hadith from Abu Al-Bazari, from Ibn 'Umar. Abu Al-Bazari's name is Yazid bin 'Utarid.

"The Prophet (saws) prohibited drinking while standing."

And there are narrations on this topic from Abu Sa'eed, Abu Hurairah, and Anas. And this Hadith is Hasan Gharib. This Hadith was reported from other narrators, from Sa'eed, from Qatadah, from Abu Muslim, from Al-Jarud, that the Prophet (saws) said: "The Muslim's wandering (animal) stirs the Fire." Al-Jarud bin Al-Mu'alla is called Ibn Al-'Al' but what is correct is Al-Mu'alla.

From his grandmother Kabshah who said: "The Messenger of Allah (saws) entered upon me. He drank from a hanging water-skin while standing. So I went to its mouth and cut it off."

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. Yazid bin Yazid bin Jabir is the brother of 'Adbur-Rahman bin Yazid bin Jabir. He died earlier than him.

I walked to the Prophet (saws) with some barley bread that has some rancid oil poured over it. The Prophet (saws) had pawned his armour with a Jew for twenty Sa' of food that he got for his family. That day (he pawned it), I heard him saying: 'Not for one evening has the household of Muhammad had a Sa' of dates or a Sa' of grain.' And on that day he had nine wives."

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

The Messenger of Allah (saws) prohibited Muhaqalah and Muzabanah.

[He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbas, Zaid bin Thabit, Sa'd, Jabir, Rafi' bin Khadij, and Abu Sa'eed.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith.

Muhaqalah is selling corps for wheat, and Muzabanah is selling dates that are on the date-palm for dried dates. This is acted upon according to the most of the people of knowledge, they disliked sales of Muhaqalah and Muzabanah.

Some of the people of knowledge, among the Companions of the Prophet (saws) and others, permitted that.

"A man from (the tribe of) Kilab asked the Messenger of Allah (saws) about studding a stallion and he prohibited it. So he said: 'O Messenger of Allah! We stud the stallions so that we get honorarium (from the owners of the female horse)!' So he permitted it for honorarium."

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it except as a narration of Ibrahim bin Humaid, from Hisham bin 'Urwah.

"I was throwing stones at a date-palm belonging to some of the Ansar. They took me along with them to the Prophet (saws). He said: "O Rafi'! Why were you throwing stones at their date-palm?'" He said: "I said: 'Out of hunger, O Messenger of Allah! He said: 'Do not throw stones at them, eat what falls. May Allah fill you and quench your thirst.'"

This Hadith is Hasan Gharib Sahih.

That the Messenger of Allah (saws) said: "None of you is to sell over the sale of others, nor to propose over the proposal of others."

[He said:] There are narration on this topic from Abu Hurairah and Samurah.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is a Hasan Sahih Hadith.

And it has been reported from the Prophet (saws) that he said: "Do not haggle in competition with your brother's haggling." And the meaning of sale in this Hadith of the Prophet (saws), according to some of the people of knowledge is to haggle.

"The Messenger of Allah got a camel in advance. Some camels from the charity." Abu Rafi' said: "So the Messenger of Allah (saws) told me to pay the man back for his camel. I said: 'I did not find among the camels but a superior selection of Raba'. The Messenger of Allah (saws) said: 'Give it to him, for indeed the base of people is the best of them in repaying.'"

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

That the Messenger of Allah (saws) said: "When you see someone selling or buying in the Masjid then say: 'May Allah not profit your business.' And when you see someone announcing about something lost then say: 'May Allah not return it to you.'"

The Hadith of Abu Hurairah is Hasan Gharib. This is acted upon according to some of the people of knowledge. They dislike selling and buying in the Masjid. This is the view of Ahmad and Ishaq. Some of the people of knowledge permitted selling and buying in the Masjid.

The Messenger of Allah (saws) delivered a speech to us; meanwhile al-Hasan and al-Husayn came upon there stumbling, wearing red shirts. He came down from the pulpit, took them and ascended it with them. He then said: Allah truly said: "Your property and your children are only trial" (Ixiv.15). I saw both of them, and I could not wait. Afterwards he resumed the speech.

"The Messenger of Allah (saws) was asked: 'Which deed is the most virtuos ? And which deed is the best ?' He (saws) said: 'Faith in Allah and His Messenger.' It was said: 'Then what ?' He said: 'Jihad is the hump (the most prominent) of the deeds.' Then what O Messenger of Allah ? He said: 'Then Hajj Mabrur.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih, it has been reported through other routes from Abu Hurairah from the Prophet (saws).

A man came to Prophet (saws) seeking permission to go for Jihad. So he said: 'Do you have parents (living)? ' He said: 'Yes.' He said: 'Then it is for them that you should perform Jihad.'"

[Abu 'Eisa said:] There is something on this topic from Ibn 'Abbas.

This Hadith is Hasan Sahih. (One of the narrators) Abul-Abbas is the blind (Al-A'ma) poet (Ash-Sha'ir), from Makkah, and his name is As-Sa'ab bin Farrukh.

From Hud bin 'Abdullah bin Sa'd, from his grandfather Mazidah, who said: "The Messenger of Allah (saws) on the Day of the Conquest and there was gold and silver on his sword." Talib said: "So I asked him about the silver and he said: 'The hand-guard of his sword was of silver.'"

[Abu 'Eisa said:] There is something on this topic form Anas. This Hadith is Hasan Gharib. Hud's (great) grandfather's name is Mazidah Al-'Asari.

That the Messenger of Allah (saws) said: "Whoever arrogantly drags his garment, Allah will not look at him on the Day of Judgement." So Umm Salamah said: "What should the women do with their hems?" He said: "Slacken them a handspan." So she said: "Then their feet will be uncovered." He said: "Then slacken them a forearm's length and do not add to that."

He said: This Hadith is Hasan Sahih. In the Hadith there is a concession for women to drag their Izar because it covers them better.

That the Messenger of Allah (saws) said: "Change the gray, and do not resemble the Jews."

He said: There are narration on this topic from Az-Zubair, Ibn 'Abbas, Jabir, Abu Dharr, Anas, Abu Rimthah, Al-Jahdamah, Abu At-Tufail, Jabir bin Samurah, Abu Juhaifah, and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith, and it has been reported through other routes from Abu Hurairah from the Prophet (saws).

That the Prophet (saws) said: "Allah has cursed the woman who artificially lengthens and the woman who seeks to have her hair artificially lengthened, and the woman who tattoos and the woman who seeks tattooed." Nafi' (one of the narrators) said: "Tattooing was on the gums."

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

He said: There are narrations on this topic from Ibn Mas'ud, 'Aishah, Asma' bint Abi Bakr, Ma'qil bin Yasar, Ibn 'Abbas, and Mu'awiyah.

`Uthman bin `Affan introduced the second Adhan on Fridays when the number of the people in the mosque increased. Previously the Adhan on Fridays used to be pronounced only after the Imam had taken his seat (on the pulpit).

Ibn ‘Umar reported the Prophet (saws) as saying “If a slave marries without the permission of his master, his marriage is null and void.

Abu Dawud said “This tradition is weak. This is mauquf(does not go back to the Prophet). This is the statement of the Ibn ‘Umar himself.

The Prophet said, "Whoever frees a Muslim slave, Allah will save all the parts of his body from the (Hell) Fire as he has freed the body-parts of the slave." Sa`id bin Marjana said that he narrated that Hadith to `Ali bin Al-Husain and he freed his slave for whom `Abdullah bin Ja`far had offered him ten thousand Dirhams or one-thousand Dinars.

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."

During the lifetime of Allah's Apostle, the sun eclipsed. Allah's Apostle offered the prayer of (the) eclipse) and so did the people along with him. He performed a long Qiyam (standing posture) during which Surat-al-Baqara could have been recited; then he performed a pro-longed bowing, then raised his head and stood for a long time which was slightly less than that of the first Qiyam (and recited Qur'an). Then he performed a prolonged bowing again but the period was shorter than the period of the first bowing, then he stood up and then prostrated. Again he stood up, but this time the period of standing was less than the first standing. Then he performed a prolonged bowing but of a lesser duration than the first, then he stood up again for a long time but for a lesser duration than the first. Then he performed a prolonged bowing but of lesser duration than the first, and then he again stood up, and then prostrated and then finished his prayer. By then the sun eclipse had cleared. The Prophet then said, "The sun and the moon are two signs among the signs of Allah, and they do not eclipse because of the death or birth of someone, so when you observe the eclipse, remember Allah (offer the eclipse prayer)." They (the people) said, "O Allah's Apostle! We saw you stretching your hand to take something at this place of yours, then we saw you stepping backward." He said, "I saw Paradise (or Paradise was shown to me), and I stretched my hand to pluck a bunch (of grapes), and had I plucked it, you would have eaten of it as long as this world exists. Then I saw the (Hell) Fire, and I have never before, seen such a horrible sight as that, and I saw that the majority of its dwellers were women." The people asked, "O Allah's Apostle! What is the reason for that?" He replied, "Because of their ungratefulness." It was said. "Do they disbelieve in Allah (are they ungrateful to Allah)?" He replied, "They are not thankful to their husbands and are ungrateful for the favors done to them. Even if you do good to one of them all your life, when she seems some harshness from you, she will say, "I have never seen any good from you.' "

Amr ibn Uqaysh had given usurious loans in pre-Islamic period; so he disliked to embrace Islam until he took them. He came on the day of Uhud and asked: Where are my cousins? They (the people) replied: At Uhud. He asked: Where is so-and-so? They said: At Uhud. He asked: Where is so-and-so? They said: At Uhud. He then put on his coat of mail and rode his horse; he then proceeded towards them. When the Muslims saw him, they said: Keep away, Amir. He said: I have become a believer. He fought until he was wounded. He was then taken to his family wounded. Sa'd ibn Mu'adh came to his sister: Ask him (whether he fought) out of partisanship, out of anger for them, or out of anger for Allah. He said: Out of anger of Allah and His Apostle. He then died and entered Paradise. He did not offer any prayer for Allah.

Kathir ibn Qays said: I was sitting with AbudDarda' in the mosque of Damascus.

A man came to him and said: AbudDarda, I have come to you from the town of the Messenger of Allah (saws) for a tradition that I have heard you relate from the Messenger of Allah (saws). I have come for no other purpose.

He said: I heard the Messenger of Allah (saws) say: If anyone travels on a road in search of knowledge, Allah will cause him to travel on one of the roads of Paradise. The angels will lower their wings in their great pleasure with one who seeks knowledge, the inhabitants of the heavens and the Earth and the fish in the deep waters will ask forgiveness for the learned man. The superiority of the learned man over the devout is like that of the moon, on the night when it is full, over the rest of the stars. The learned are the heirs of the Prophets, and the Prophets leave neither dinar nor dirham, leaving only knowledge, and he who takes it takes an abundant portion.

His uncle (Anas bin An-Nadr) was absent from the battle of Badr and he said, "I was absent from the first battle of the Prophet (i.e. Badr battle), and if Allah should let me participate in (a battle) with the Prophet, Allah will see how strongly I will fight." So he encountered the day of Uhud battle. The Muslims fled and he said, "O Allah ! I appeal to You to excuse me for what these people (i.e. the Muslims) have done, and I am clear from what the pagans have done." Then he went forward with his sword and met Sad bin Mu'adh (fleeing), and asked him, "Where are you going, O Sad? I detect a smell of Paradise before Uhud." Then he proceeded on and was martyred. No-body was able to recognize him till his sister recognized him by a mole on his body or by the tips of his fingers. He had over 80 wounds caused by stabbing, striking or shooting with arrows.

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from Ibn Muhayriz that a man from the Kinana tribe called al-Mukhdaji heard a man in Syria known as Abu Muhammad saying, "The witr is obligatory (fard)." Al-Mukhdaji said, "I went to Ubada ibn as-Samit and presented myself to him as he was going to the mosque, and told him what Abu Muhammad had said. Ubada said that Abu Muhammad had lied and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Allah the Majestic and Mighty has written five prayers for mankind, and whoever does them and does not waste anything of them by making light of what is due to them, there is a pact for him with Allah that He will admit him into the Garden.Whoever does not do them, there is no pact for him with Allah. If He wishes, He punishes him, and if He wishes, He admits him into the Garden.' "

Yahya related to me from Malik from Ubaydullah ibn Abd ar-Rahman that Ubayd ibn Hunayn, the mawla of the family of Zayd ibn al Khattab, said that he had heard Abu Hurayra say, "I was going along with the Messenger of Allah, may Allah bless him and grant him peace, when he heard a man reciting Surat al-Ikhlas (Sura 112). The Messenger of Allah, may Allah bless him and grant him peace, said, 'It is obligatory,' and I asked him, 'What is, Messenger of Allah?' and he said, 'The Garden.' I wanted to tell the man the good news but I was afraid that I would miss the midday meal with the Messenger of Allah, may Allah bless him and grant him peace, and I preferred to eat with the Messenger of Allah, may Allah bless him and grant him peace. When I went to the man afterwards I found that he had gone."

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

Allah's Apostle came out as the sun declined at midday and offered the Zuhr prayer. He then stood on the pulpit and spoke about the Hour (Day of Judgment) and said that in it there would be tremendous things. He then said, "Whoever likes to ask me about anything he can do so and I shall reply as long as I am at this place of mine. Most of the people wept and the Prophet said repeatedly, "Ask me." `Abdullah bin Hudhafa As-Sahmi stood up and said, "Who is my father?" The Prophet said, "Your father is Hudhafa." The Prophet repeatedly said, "Ask me." Then `Umar knelt before him and said, "We are pleased with Allah as our Lord, Islam as our religion, and Muhammad as our Prophet." The Prophet then became quiet and said, "Paradise and Hell-fire were displayed in front of me on this wall just now and I have never seen a better thing (than the former) and a worse thing (than the latter).

The Prophet said, "When a human being is laid in his grave and his companions return and he even hears their foot steps, two angels come to him and make him sit and ask him: What did you use to say about this man, Muhammad ? He will say: I testify that he is Allah's slave and His Apostle. Then it will be said to him, 'Look at your place in the Hell-Fire. Allah has given you a place in Paradise instead of it.' " The Prophet added, "The dead person will see both his places. But a non-believer or a hypocrite will say to the angels, 'I do not know, but I used to say what the people used to say! It will be said to him, 'Neither did you know nor did you take the guidance (by reciting the Qur'an).' Then he will be hit with an iron hammer between his two ears, and he will cry and that cry will be heard by whatever approaches him except human beings and jinns."

" We were accompanying a funeral procession in Baqi-I-Gharqad. The Prophet came to us and sat and we sat around him. He had a small stick in his hand then he bent his head and started scraping the ground with it. He then said, "There is none among you, and not a created soul, but has place either in Paradise or in Hell assigned for him and it is also determined for him whether he will be among the blessed or wretched." A man said, "O Allah's Apostle! Should we not depend on what has been written for us and leave the deeds as whoever amongst us is blessed will do the deeds of a blessed person and whoever amongst us will be wretched, will do the deeds of a wretched person?" The Prophet said, "The good deeds are made easy for the blessed, and bad deeds are made easy for the wretched." Then he recited the Verses:-- "As for him who gives (in charity) and is Allah-fearing And believes in the Best reward from Allah. " (92.5-6)

My father was martyred on the day (of the battle) of Uhud and his creditors demanded the debt back in a harsh manner. So I went to Allah's Apostle and informed him of that, he asked them to accept the fruits of my garden and excuse my father, but they refused. So, Allah's Apostle did not give them the fruits, nor did he cut them and distribute them among them, but said, "I will come to you tomorrow morning." So, he came to us the next morning and walked about in between the date-palms and invoked Allah to bless their fruits. I plucked the fruits and gave back all the rights of the creditors in full, and a lot of fruits were left for us. Then I went to Allah's Apostle, who was sitting, and informed him about what happened. Allah's Apostle told `Umar, who was sitting there, to listen to the story. `Umar said, "Don't we know that you are Allah's Apostle? By Allah! you are Allah's Apostle!"

When Allah's Apostle fought the battle of Khaibar, or when Allah's Apostle went towards it, (whenever) the people, (passed over a high place overlooking a valley, they raised their voices saying, "Allahu-Akbar! Allahu-Akbar! None has the right to be worshipped except Allah." On that Allah's Apostle said (to them), "Lower your voices, for you are not calling a deaf or an absent one, but you are calling a Hearer Who is near and is with you." I was behind the riding animal of Allah's Apostle and he heard me saying. "There Is neither might, nor power but with Allah," On that he said to me, "O `Abdullah bin Qais!" I said, "Labbaik. O Allah's Apostle!" He said, "Shall I tell you a sentence which is one of the treasures of Paradise" I said, "Yes, O Allah's Apostle! Let my father and mother be sacrificed for your sake." He said, "It is: There is neither might nor power but with Allah."

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pray dhuhr, asr, maghrib, isha and subh at Mina. Then in the morning, after the sun had risen, he would go to Arafa .

Malik said, "What we are all agreed upon here (in Madina) is that the imam does not recite the Qur'an out loud in dhuhr on the day of Arafa, and that he gives a khutba to the people on that day, and that the prayer on the day of Arafa is really a dhuhr prayer, and even if it coincides with a jumua it is still a dhuhr prayer, but one which has been shortened because of travelling."

Malik said that the imam of the pilgrims should not pray the jumua prayer if the day of Arafa, the day of sacrifice or one of the three days after the day of sacrifice, was a Friday.

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

Hassan ibn Atiyyah said: Makhul and Ibn Zakariyya went to Khalid ibn Ma'dan, and I also went along with them. He reported a tradition on the authority of Jubayr ibn Nufayr. He said: Go with us to Dhu Mikhbar, a man from the Companions of the Prophet (saws). We came to him and Jubayr asked him about peace. He said: I heard the Messenger of Allah (saws) say: You will make a secure peace with the Byzantines, then you and they will fight an enemy behind you.

A woman used to perform circumcision in Medina. The Prophet (saws) said to her: Do not cut severely as that is better for a woman and more desirable for a husband.

Abu Dawud said: It has been transmitted by 'Ubaid Allah b. 'Amr from 'Abd al-Malik to the same effect through a different chain.

Abu Dawud said: It is not a strong tradition. It has been transmitted in mursal form (missing the link of the Companions)

Abu Dawud said: Muhammad b. Hasan is obscure, and this tradition is weak.