Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

When Abu Bakr; sent me to (collect the Zakat from) Bahrain, he wrote to me the following:-- (In the name of Allah, the Beneficent, the Merciful). These are the orders for compulsory charity (Zakat) which Allah's Apostle had made obligatory for every Muslim, and which Allah had ordered His Apostle to observe: Whoever amongst the Muslims is asked to pay Zakat accordingly, he should pay it (to the Zakat collector) and whoever is asked more than that (what is specified in this script) he should not pay it; for twenty-four camels or less, sheep are to be paid as Zakat; for every five camels one sheep is to be paid, and if there are between twenty-five to thirty-five camels, one Bint Makhad is to be paid; and if they are between thirty-six to forty-five (camels), one Bint Labun is to be paid; and if they are between forty-six to sixty (camels), one Hiqqa is to be paid; and if the number is between sixty-one to seventy-five (camels), one Jadha is to be paid; and if the number is between seventy-six to ninety (camels), two Bint Labuns are to be paid; and if they are from ninety-one to one-hundredand twenty (camels), two Hiqqas are to be paid; and if they are over one-hundred and-twenty (camels), for every forty (over one-hundred-and-twenty) one Bint Labun is to be paid, and for every fifty camels (over one-hundred-and-twenty) one Hiqqa is to be paid; and who ever has got only four camels, has to pay nothing as Zakat, but if the owner of these four camels wants to give something, he can. If the number of camels increases to five, the owner has to pay one sheep as Zakat. As regards the Zakat for the (flock) of sheep; if they are between forty and one-hundred-and-twenty sheep, one sheep is to be paid; and if they are between one-hundred-and-twenty to two hundred (sheep), two sheep are to be paid; and if they are between two-hundred to three-hundred (sheep), three sheep are to be paid; and for over three-hundred sheep, for every extra hundred sheep, one sheep is to be paid as Zakat. And if somebody has got less than forty sheep, no Zakat is required, but if he wants to give, he can. For silver the Zakat is one-fortieth of the lot (i.e. 2.5%), and if its value is less than two-hundred Dirhams, Zakat is not required, but if the owner wants to pay he can.'

I participated in a Ghazwa along with Allah's Apostle The Prophet met me (on the way) while I was riding a camel of ours used for irrigation and it had got so tired that it could hardly walk. The Prophet asked me, "What is wrong with the camel?" I replied, "It has got tired." So. Allah's Apostle came from behind it and rebuked it and prayed for it so it started surpassing the other camels and going ahead of them. Then he asked me, "How do you find your camel (now)?" I replied, "I find it quite well, now as it has received your blessings." He said, "Will you sell it to me?" I felt shy (to refuse his offer) though it was the only camel for irrigation we had. So, I said, "Yes." He said, "Sell it to me then." I sold it to him on the condition that I should keep on riding it till I reached Medina. Then I said, "O Allah's Apostle! I am a bridegroom," and requested him to allow me to go home. He allowed me, and I set out for Medina before the people till I reached Medina, where I met my uncle, who asked me about the camel and I informed him all about it and he blamed me for that. When I took the permission of Allah's Apostle he asked me whether I had married a virgin or a matron and I replied that I had married a matron. He said, "Why hadn't you married a virgin who would have played with you, and you would have played with her?" I replied, "O Allah's Apostle! My father died (or was martyred) and I have some young sisters, so I felt it not proper that I should marry a young girl like them who would neither teach them manners nor serve them. So, I have married a matron so that she may serve them and teach them manners." When Allah's Apostle arrived in Medina, I took the camel to him the next morning and he gave me its price and gave me the camel itself as well.

I got a she-camel in my share of the war booty on the day (of the battle) of Badr, and the Prophet had given me a she-camel from the Khumus. When I intended to marry Fatima, the daughter of Allah's Apostle, I had an appointment with a goldsmith from the tribe of Bani Qainuqa' to go with me to bring Idhkhir (i.e. grass of pleasant smell) and sell it to the goldsmiths and spend its price on my wedding party. I was collecting for my she-camels equipment of saddles, sacks and ropes while my two shecamels were kneeling down beside the room of an Ansari man. I returned after collecting whatever I collected, to see the humps of my two she-camels cut off and their flanks cut open and some portion of their livers was taken out. When I saw that state of my two she-camels, I could not help weeping. I asked, "Who has done this?" The people replied, "Hamza bin `Abdul Muttalib who is staying with some Ansari drunks in this house." I went away till I reached the Prophet and Zaid bin Haritha was with him. The Prophet noticed on my face the effect of what I had suffered, so the Prophet asked. "What is wrong with you." I replied, "O Allah's Apostle! I have never seen such a day as today. Hamza attacked my two she-camels, cut off their humps, and ripped open their flanks, and he is sitting there in a house in the company of some drunks." The Prophet then asked for his covering sheet, put it on, and set out walking followed by me and Zaid bin Haritha till he came to the house where Hamza was. He asked permission to enter, and they allowed him, and they were drunk. Allah's Apostle started rebuking Hamza for what he had done, but Hamza was drunk and his eyes were red. Hamza looked at Allah's Apostle and then he raised his eyes, looking at his knees, then he raised up his eyes looking at his umbilicus, and again he raised up his eyes look in at his face. Hamza then said, "Aren't you but the slaves of my father?" Allah's Apostle realized that he was drunk, so Allah's Apostle retreated, and we went out with him.

When the Trench was dug, I saw the Prophet in the state of severe hunger. So I returned to my wife and said, "Have you got anything (to eat), for I have seen Allah's Apostle in a state of severe hunger." She brought out for me, a bag containing one Sa of barley, and we had a domestic she animal (i.e. a kid) which I slaughtered then, and my wife ground the barley and she finished at the time I finished my job (i.e. slaughtering the kid). Then I cut the meat into pieces and put it in an earthenware (cooking) pot, and returned to Allah's Apostle . My wife said, "Do not disgrace me in front of Allah's Apostle and those who are with him." So I went to him and said to him secretly, "O Allah's Apostle! I have slaughtered a she-animal (i.e. kid) of ours, and we have ground a Sa of barley which was with us. So please come, you and another person along with you." The Prophet raised his voice and said, "O people of Trench ! Jabir has prepared a meal so let us go." Allah's Apostle said to me, "Don't put down your earthenware meat pot (from the fireplace) or bake your dough till I come." So I came (to my house) and Allah's Apostle too, came, proceeding before the people. When I came to my wife, she said, "May Allah do so-and-so to you." I said, "I have told the Prophet of what you said." Then she brought out to him (i.e. the Prophet the dough, and he spat in it and invoked for Allah's Blessings in it. Then he proceeded towards our earthenware meat-pot and spat in it and invoked for Allah's Blessings in it. Then he said (to my wife). Call a lady-baker to bake along with you and keep on taking out scoops from your earthenware meat-pot, and do not put it down from its fireplace." They were onethousand (who took their meals), and by Allah they all ate, and when they left the food and went away, our earthenware pot was still bubbling (full of meat) as if it had not decreased, and our dough was still being baked as if nothing had been taken from it.

Ibn ‘Umar said. `Umar (رضي الله عنه) told us: We were sitting with the Messenger of Allah (ﷺ) and he mentioned the same hadeeth, except that he said: No signs of travel were to be seen on him. And he- said: `Umar said: 1 waited for three (days), then the Messenger of Allah (ﷺ) said: “oʻUmar...”

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

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

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

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

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

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

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

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

who was one of those who used to write the Divine Revelation: Abu Bakr sent for me after the (heavy) casualties among the warriors (of the battle) of Yamama (where a great number of Qurra' were killed). `Umar was present with Abu Bakr who said, `Umar has come to me and said, The people have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be more casualties among the Qurra' (those who know the Qur'an by heart) at other battle-fields, whereby a large part of the Qur'an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur'an." Abu Bakr added, "I said to `Umar, 'How can I do something which Allah's Apostle has not done?' `Umar said (to me), 'By Allah, it is (really) a good thing.' So `Umar kept on pressing, trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as `Umar." (Zaid bin Thabit added:) `Umar was sitting with him (Abu Bakr) and was not speaking. me). "You are a wise young man and we do not suspect you (of telling lies or of forgetfulness): and you used to write the Divine Inspiration for Allah's Apostle. Therefore, look for the Qur'an and collect it (in one manuscript). " By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur'an. I said to both of them, "How dare you do a thing which the Prophet has not done?" Abu Bakr said, "By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and `Umar. So I started locating Qur'anic material and collecting it from parchments, scapula, leaf-stalks of date palms and from the memories of men (who knew it by heart). I found with Khuza`ima two Verses of Surat-at-Tauba which I had not found with anybody else, (and they were):-- "Verily there has come to you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty He (Muhammad) is ardently anxious over you (to be rightly guided)" (9.128) The manuscript on which the Qur'an was collected, remained with Abu Bakr till Allah took him unto Him, and then with `Umar till Allah took him unto Him, and finally it remained with Hafsa, `Umar's daughter.

We were sitting with Abu Musa Al-Ash'sari, and as there were ties of friendship and mutual favors between us and his tribe. His meal was presented before him and there was chicken meat in it. Among those who were present there was a man from Bani Taimillah having a red complexion as a non-Arab freed slave, and that man did not approach the meal. Abu Musa said to him, "Come along! I have seen Allah's Apostle eating of that (i.e., chicken)." The man said, "I have seen it (chickens) eating something I regarded as dirty, and so I have taken an oath that I shall not eat (its meat) chicken." Abu Musa said, "Come along! I will inform you about it (i.e., your oath). Once we went to Allah's Apostle in company with a group of Ash'airiyin, asking him for mounts while he was distributing some camels from the camels of Zakat. (Aiyub said, "I think he said that the Prophet was in an angry mood at the time.") The Prophet said, 'By Allah! I will not give you mounts, and I have nothing to mount you on.' After we had left, some camels of booty were brought to Allah's Apostle and he said, "Where are those Ash`ariyin? Where are those Ash`ariyin?" So we went (to him) and he gave us five very fat good-looking camels. We mounted them and went away, and then I said to my companions, 'We went to Allah's Apostle to give us mounts, but he took an oath that he would not give us mounts, and then later on he sent for us and gave us mounts, perhaps Allah's Apostle forgot his oath. By Allah, we will never be successful, for we have taken advantage of the fact that Allah's Apostle forgot to fulfill his oath. So let us return to Allah's Apostle to remind him of his oath.' We returned and said, 'O Allah's Apostle! We came to you and asked you for mounts, but you took an oath that you would not give us mounts) but later on you gave us mounts, and we thought or considered that you have forgotten your oath.' The Prophet said, 'Depart, for Allah has given you Mounts. By Allah, Allah willing, if I take an oath and then later find another thing better than that, I do what is better, and make expiation for the oath.' "

(two other narrations through Zahdam as above)

The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

I had a she-camel which I got in my share from the booty of the battle of Badr, and the Prophet had given me another she camel from the Khumus which Allah had bestowed on him that day. And when I intended to celebrate my marriage to Fatima, the daughter of the Prophet, I made an arrangement with a goldsmith from Bani Qainuqa 'that he should go with me to bring Idhkhir (i.e. a kind of grass used by gold-smiths) which I intended to sell to gold-smiths in order to spend its price on the marriage banquet. While I was collecting ropes and sacks of pack saddles for my two she-camels which were kneeling down beside an Ansari's dwelling and after collecting what I needed, I suddenly found that the humps of the two she-camels had been cut off and their flanks had been cut open and portions of their livers had been taken out. On seeing that, I could not help weeping. I asked, "Who has done that?" They (i.e. the people) said, "Hamza bin `Abdul Muttalib has done it. He is present in this house with some Ansari drinkers, a girl singer, and his friends. The singer said in her song, "O Hamza, get at the fat she-camels!" On hearing this, Hamza rushed to his sword and cut of the camels' humps and cut their flanks open and took out portions from their livers." Then I came to the Prophet, with whom Zaid bin Haritha was present. The Prophet noticed my state and asked, "What is the matter?" I said, "O Allah's Apostle, I have never experienced such a day as today! Hamza attacked my two she-camels, cut off their humps and cut their flanks open, and he is still present in a house along some drinkers." The Prophet asked for his cloak, put it on, and proceeded, followed by Zaid bin Haritha and myself, till he reached the house where Hamza was. He asked the permission to enter, and he was permitted. The Prophet started blaming Hamza for what he had done. Hamza was drunk and his eyes were red. He looked at the Prophet then raised his eyes to look at his knees and raised his eves more to look at his face and then said, "You are not but my father's slaves." When the Prophet understood that Hamza was drunk, he retreated, walking backwards went out and we left with him.

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

We said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you have any difficulty in seeing the sun and the moon when the sky is clear?" We said, "No." He said, "So you will have no difficulty in seeing your Lord on that Day as you have no difficulty in seeing the sun and the moon (in a clear sky)." The Prophet then said, "Somebody will then announce, 'Let every nation follow what they used to worship.' So the companions of the cross will go with their cross, and the idolators (will go) with their idols, and the companions of every god (false deities) (will go) with their god, till there remain those who used to worship Allah, both the obedient ones and the mischievous ones, and some of the people of the Scripture. Then Hell will be presented to them as if it were a mirage. Then it will be said to the Jews, "What did you use to worship?' They will reply, 'We used to worship Ezra, the son of Allah.' It will be said to them, 'You are liars, for Allah has neither a wife nor a son. What do you want (now)?' They will reply, 'We want You to provide us with water.' Then it will be said to them 'Drink,' and they will fall down in Hell (instead). Then it will be said to the Christians, 'What did you use to worship?'

They will reply, 'We used to worship Messiah, the son of Allah.' It will be said, 'You are liars, for Allah has neither a wife nor a son. What: do you want (now)?' They will say, 'We want You to provide us with water.' It will be said to them, 'Drink,' and they will fall down in Hell (instead). When there remain only those who used to worship Allah (Alone), both the obedient ones and the mischievous ones, it will be said to them, 'What keeps you here when all the people have gone?' They will say, 'We parted with them (in the world) when we were in greater need of them than we are today, we heard the call of one proclaiming, 'Let every nation follow what they used to worship,' and now we are waiting for our Lord.' Then the Almighty will come to them in a shape other than the one which they saw the first time, and He will say, 'I am your Lord,' and they will say, 'You are not our Lord.' And none will speak: to Him then but the Prophets, and then it will be said to them, 'Do you know any sign by which you can recognize Him?' They will say. 'The Shin,' and so Allah will then uncover His Shin whereupon every believer will prostrate before Him and there will remain those who used to prostrate before Him just for showing off and for gaining good reputation. These people will try to prostrate but their backs will be rigid like one piece of a wood (and they will not be able to prostrate). Then the bridge will be laid across Hell." We, the companions of the Prophet said, "O Allah's Apostle! What is the bridge?'

He said, "It is a slippery (bridge) on which there are clamps and (Hooks like) a thorny seed that is wide at one side and narrow at the other and has thorns with bent ends. Such a thorny seed is found in Najd and is called As-Sa'dan. Some of the believers will cross the bridge as quickly as the wink of an eye, some others as quick as lightning, a strong wind, fast horses or she-camels. So some will be safe without any harm; some will be safe after receiving some scratches, and some will fall down into Hell (Fire). The last person will cross by being dragged (over the bridge)." The Prophet said, "You (Muslims) cannot be more pressing in claiming from me a right that has been clearly proved to be yours than the believers in interceding with Almighty for their (Muslim) brothers on that Day, when they see themselves safe.

They will say, 'O Allah! (Save) our brothers (for they) used to pray with us, fast with us and also do good deeds with us.' Allah will say, 'Go and take out (of Hell) anyone in whose heart you find faith equal to the weight of one (gold) Dinar.' Allah will forbid the Fire to burn the faces of those sinners. They will go to them and find some of them in Hell (Fire) up to their feet, and some up to the middle of their legs. So they will take out those whom they will recognize and then they will return, and Allah will say (to them), 'Go and take out (of Hell) anyone in whose heart you find faith equal to the weight of one half Dinar.' They will take out whomever they will recognize and return, and then Allah will say, 'Go and take out (of Hell) anyone in whose heart you find faith equal to the weight of an atom (or a smallest ant), and so they will take out all those whom they will recognize." Abu Sa'id said: If you do not believe me then read the Holy Verse:--

'Surely! Allah wrongs not even of the weight of an atom (or a smallest ant) but if there is any good (done) He doubles it.' (4.40) The Prophet added, "Then the prophets and Angels and the believers will intercede, and (last of all) the Almighty (Allah) will say, 'Now remains My Intercession. He will then hold a handful of the Fire from which He will take out some people whose bodies have been burnt, and they will be thrown into a river at the entrance of Paradise, called the water of life.

They will grow on its banks, as a seed carried by the torrent grows. You have noticed how it grows beside a rock or beside a tree, and how the side facing the sun is usually green while the side facing the shade is white. Those people will come out (of the River of Life) like pearls, and they will have (golden) necklaces, and then they will enter Paradise whereupon the people of Paradise will say, 'These are the people emancipated by the Beneficent. He has admitted them into Paradise without them having done any good deeds and without sending forth any good (for themselves).' Then it will be said to them, 'For you is what you have seen and its equivalent as well.'"

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

Some Muslim men emigrated to Ethiopia whereupon Abu Bakr also prepared himself for the emigration, but the Prophet said (to him), "Wait, for I hope that Allah will allow me also to emigrate." Abu Bakr said, "Let my father and mother be sacrificed for you. Do you hope that (emigration)?" The Prophet said, 'Yes." So Abu Bakr waited to accompany the Prophet and fed two she-camels he had on the leaves of As-Samur tree regularly for four months One day while we were sitting in our house at midday, someone said to Abu Bakr, "Here is Allah's Apostle, coming with his head and a part of his face covered with a cloth-covering at an hour he never used to come to us." Abu Bakr said, "Let my father and mother be sacrificed for you, (O Prophet)! An urgent matter must have brought you here at this hour." The Prophet came and asked the permission to enter, and he was allowed. The Prophet entered and said to Abu Bakr, "Let those who are with you, go out." Abu Bakr replied, "(There is no stranger); they are your family. Let my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "I have been allowed to leave (Mecca)." Abu Bakr said, " I shall accompany you, O Allah's Apostle, Let my father be sacrificed for you!" The Prophet said, "Yes," Abu Bakr said, 'O Allah's Apostles! Let my father be sacrificed for you. Take one of these two shecamels of mine" The Prophet said. I will take it only after paying its price." So we prepared their baggage and put their journey food In a leather bag. And Asma' bint Abu Bakr cut a piece of her girdle and tied the mouth of the leather bag with it. That is why she was called Dhatan- Nitaqaln. Then the Prophet and Abu Bakr went to a cave in a mountain called Thour and remained there for three nights. `Abdullah bin Abu Bakr. who was a young intelligent man. used to stay with them at night and leave before dawn so that in the morning, he would he with the Quraish at Mecca as if he had spent the night among them. If he heard of any plot contrived by the Quraish against the Prophet and Abu Bakr, he would understand it and (return to) inform them of it when it became dark. 'Amir bin Fuhaira, the freed slave of Abu Bakr used to graze a flock of milch sheep for them and he used to take those sheep to them when an hour had passed after the `Isha prayer. They would sleep soundly till 'Amir bin Fuhaira awakened them when it was still dark. He used to do that in each of those three nights.

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, Vol. 3 for details)

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

`Abdur Rahman bin Abi Bakr said, "The Suffa Companions were poor people and the Prophet said, 'Whoever has food for two persons should take a third one from them (Suffa companions). And whosoever has food for four persons he should take one or two from them' Abu Bakr took three men and the Prophet took ten of them." `Abdur Rahman added, my father my mother and I were there (in the house). (The sub-narrator is in doubt whether `Abdur Rahman also said, 'My wife and our servant who was common for both my house and Abu Bakr's house). Abu Bakr took his supper with the Prophet and remained there till the `Isha' prayer was offered. Abu Bakr went back and stayed with the Prophet till the Prophet took his meal and then Abu Bakr returned to his house after a long portion of the night had passed. Abu Bakr's wife said, 'What detained you from your guests (or guest)?' He said, 'Have you not served them yet?' She said, 'They refused to eat until you come. The food was served for them but they refused." `Abdur Rahman added, "I went away and hid myself (being afraid of Abu Bakr) and in the meantime he (Abu Bakr) called me, 'O Ghunthar (a harsh word)!' and also called me bad names and abused me and then said (to his family), 'Eat. No welcome for you.' Then (the supper was served). Abu Bakr took an oath that he would not eat that food. The narrator added: By Allah, whenever any one of us (myself and the guests of Suffa companions) took anything from the food, it increased from underneath. We all ate to our fill and the food was more than it was before its serving. Abu Bakr looked at it (the food) and found it as it was before serving or even more than that. He addressed his wife (saying) 'O the sister of Bani Firas! What is this?' She said, 'O the pleasure of my eyes! The food is now three times more than it was before.' Abu Bakr ate from it, and said, 'That (oath) was from Satan' meaning his oath (not to eat). Then he again took a morsel (mouthful) from it and then took the rest of it to the Prophet. So that meal was with the Prophet. There was a treaty between us and some people, and when the period of that treaty had elapsed the Prophet divided us into twelve (groups) (the Prophet's companions) each being headed by a man. Allah knows how many men were under the command of each (leader). So all of them (12 groups of men) ate of that meal."

Allah's Apostle said, "Once three persons (from the previous nations) were traveling, and suddenly it started raining and they took shelter in a cave. The entrance of the cave got closed while they were inside. They said to each other, 'O you! Nothing can save you except the truth, so each of you should ask Allah's Help by referring to such a deed as he thinks he did sincerely (i.e. just for gaining Allah's Pleasure).' So one of them said, 'O Allah! You know that I had a laborer who worked for me for one Faraq (i.e. three Sas) of rice, but he departed, leaving it (i.e. his wages). I sowed that Faraq of rice and with its yield I bought cows (for him). Later on when he came to me asking for his wages, I said (to him), 'Go to those cows and drive them away.' He said to me, 'But you have to pay me only a Faraq of rice,' I said to him, 'Go to those cows and take them, for they are the product of that Faraq (of rice).' So he drove them. O Allah! If you consider that I did that for fear of You, then please remove the rock.' The rock shifted a bit from the mouth of the cave. The second one said, 'O Allah, You know that I had old parents whom I used to provide with the milk of my sheep every night. One night I was delayed and when I came, they had slept, while my wife and children were crying with hunger. I used not to let them (i.e. my family) drink unless my parents had drunk first. So I disliked to wake them up and also disliked that they should sleep without drinking it, I kept on waiting (for them to wake) till it dawned. O Allah! If You consider that I did that for fear of you, then please remove the rock.' So the rock shifted and they could see the sky through it. The (third) one said, 'O Allah! You know that I had a cousin (i.e. my paternal uncle's daughter) who was most beloved to me and I sought to seduce her, but she refused, unless I paid her one-hundred Dinars (i.e. gold pieces). So I collected the amount and brought it to her, and she allowed me to sleep with her. But when I sat between her legs, she said, 'Be afraid of Allah, and do not deflower me but legally. 'I got up and left the hundred Dinars (for her). O Allah! If You consider that I did that for fear of you than please remove the rock. So Allah saved them and they came out (of the cave)."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Apostle did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Apostle said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubaida bin al-Jarrah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."

We went out with Allah's Apostle to Khaibar and we travelled during the night. A man amongst the people said to 'Amir bin Al-Aqwa', "Won't you let us hear your poetry?" 'Amir was a poet, and so he got down and started (chanting Huda) reciting for the people, poetry that keep pace with the camel's foot steps, saying, "O Allah! Without You we would not have been guided on the right path, neither would we have given in charity, nor would we have prayed. So please forgive us what we have committed. Let all of us be sacrificed for Your cause and when we meet our enemy, make our feet firm and bestow peace and calmness on us and if they (our enemy) will call us towards an unjust thing we will refuse. The infidels have made a hue and cry to ask others help against us. Allah's Apostle said, "Who is that driver (of the camels)?" They said, "He is 'Amir bin Al-Aqwa."' He said, "May Allah bestow His mercy on him." A man among the people said, Has Martyrdom been granted to him, O Allah's Prophet! Would that you let us enjoy his company longer." We reached (the people of) Khaibar and besieged them till we were stricken with severe hunger but Allah helped the Muslims conquer Khaibar. In the evening of its conquest the people made many fires. Allah's Apostle asked, "What are those fires? For what are you making fires?" They said, "For cooking meat." He asked, "What kind of meat?" They said, "Donkeys' meat." Allah's Apostle said, "Throw away the meat and break the cooking pots." A man said, O Allah's Apostle! Shall we throw away the meat and wash the cooking pots?" He said, "You can do that too." When the army files aligned in rows (for the battle), 'Amir's sword was a short one, and while attacking a Jew with it in order to hit him, the sharp edge of the sword turned back and hit 'Amir's knee and caused him to die. When the Muslims returned (from the battle), Salama said, Allah's Apostle saw me pale and said, 'What is wrong with you?"' I said, "Let my parents be sacrificed for you! The people claim that all the deeds of Amir have been annulled." The Prophet asked, "Who said so?" I replied, "So-and-so and soand- so and Usaid bin Al-Hudair Al-Ansari said, 'Whoever says so is telling a lie. Verily, 'Amir will have double reward."' (While speaking) the Prophet put two of his fingers together to indicate that, and added, "He was really a hard-working man and a Mujahid (devout fighter in Allah's Cause) and rarely have there lived in it (i.e., Medina or the battle-field) an "Arab like him."

'I went and entered upon `Umar, his doorman, Yarfa came saying `Uthman, `Abdur-Rahman, Az- Zubair and Sa`d are asking your permission (to see you). May I admit them? `Umar said, 'Yes.' So he admitted them Then he came again and said, 'May I admit `Ali and `Abbas?' He said, 'Yes.' `Abbas said, 'O, chief of the believers! Judge between me and this man (Ali ). `Umar said, 'I beseech you by Allah by Whose permission both the heaven and the earth exist, do you know that Allah's Apostle said, 'Our (the Apostles') property will not be inherited, and whatever we leave (after our death) is to be spent in charity?' And by that Allah's Apostle meant himself.' The group said, '(No doubt), he said so.' `Umar then faced `Ali and `Abbas and said, 'Do you both know that Allah's Apostle said that?' They replied, '(No doubt), he said so.' `Umar said, 'So let me talk to you about this matter. Allah favored His Apostle with something of this Fai' (i.e. booty won by the Muslims at war without fighting) which He did not give to anybody else; Allah said:-- 'And what Allah gave to His Apostle ( Fai' Booty) .........to do all things....(59.6) And so that property was only for Allah's Apostle . Yet, by Allah, he neither gathered that property for himself nor withheld it from you, but he gave its income to you, and distributed it among you till there remained the present property out of which the Prophet used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's property is spent (i.e. in charity etc.). Allah's Apostle followed that throughout his life. Now I beseech you by Allah, do you know all that?' They said, 'Yes.' `Umar then said to `Ali and `Abbas, 'I beseech you by Allah, do you know that?' Both of them said, 'Yes.' `Umar added, 'And when the Prophet died, Abu Bakr said, ' I am the successor of Allah's Apostle, and took charge of that property and managed it in the same way as Allah's Apostle did. Then I took charge of this property for two years during which I managed it as Allah's Apostle and Abu Bakr did. Then you both (`Ali and `Abbas) came to talk to me, bearing the same claim and presenting the same case. (O `Abbas!) You came to me asking for your share from the property of your nephew, and this man (Ali) came to me, asking for the share of h is wife from the property of her father. I said, 'If you both wish, I will give that to you on that condition (i.e. that you would follow the way of the Prophet and Abu Bakr and as I (`Umar) have done in man aging it).' Now both of you seek of me a verdict other than that? Lo! By Allah, by Whose permission both the heaven and the earth exist, I will not give any verdict other than that till the Hour is established. If you are unable to manage it, then return it to me, and I will be sufficient to manage it on your behalf.' "

Allah's Apostle sent `Abdullah bin 'Atik and `Abdullah bin `Utba with a group of men to Abu Rafi` (to kill him). They proceeded till they approached his castle, whereupon `Abdullah bin Atik said to them, "Wait (here), and in the meantime I will go and see." `Abdullah said later on, "I played a trick in order to enter the castle. By chance, they lost a donkey of theirs and came out carrying a flaming light to search for it. I was afraid that they would recognize me, so I covered my head and legs and pretended to answer the call to nature. The gatekeeper called, 'Whoever wants to come in, should come in before I close the gate.' So I went in and hid myself in a stall of a donkey near the gate of the castle. They took their supper with Abu Rafi` and had a chat till late at night. Then they went back to their homes. When the voices vanished and I no longer detected any movement, I came out. I had seen where the gate-keeper had kept the key of the castle in a hole in the wall. I took it and unlocked the gate of the castle, saying to myself, 'If these people should notice me, I will run away easily.' Then I locked all the doors of their houses from outside while they were inside, and ascended to Abu Rafi` by a staircase. I saw the house in complete darkness with its light off, and I could not know where the man was. So I called, 'O Abu Rafi`!' He replied, 'Who is it?' I proceeded towards the voice and hit him. He cried loudly but my blow was futile. Then I came to him, pretending to help him, saying with a different tone of my voice, ' What is wrong with you, O Abu Rafi`?' He said, 'Are you not surprised? Woe on your mother! A man has come to me and hit me with a sword!' So again I aimed at him and hit him, but the blow proved futile again, and on that Abu Rafi` cried loudly and his wife got up. I came again and changed my voice as if I were a helper, and found Abu Rafi` lying straight on his back, so I drove the sword into his belly and bent on it till I heard the sound of a bone break. Then I came out, filled with astonishment and went to the staircase to descend, but I fell down from it and got my leg dislocated. I bandaged it and went to my companions limping. I said (to them), 'Go and tell Allah's Apostle of this good news, but I will not leave (this place) till I hear the news of his (i.e. Abu Rafi`'s) death.' When dawn broke, an announcer of death got over the wall and announced, 'I convey to you the news of Abu Rafi`'s death.' I got up and proceeded without feeling any pain till I caught up with my companions before they reached the Prophet to whom I conveyed the good news."

When Allah's Apostle set out (towards Mecca) during the year of the Conquest (of Mecca) and this news reached (the infidels of Quraish), Abu Sufyan, Hakim bin Hizam and Budail bin Warqa came out to gather information about Allah's Apostle , They proceeded on their way till they reached a place called Marr-az-Zahran (which is near Mecca). Behold! There they saw many fires as if they were the fires of `Arafat. Abu Sufyan said, "What is this? It looked like the fires of `Arafat." Budail bin Warqa' said, "Banu `Amr are less in number than that." Some of the guards of Allah's Apostle saw them and took them over, caught them and brought them to Allah's Apostle. Abu Sufyan embraced Islam. When the Prophet proceeded, he said to Al-Abbas, "Keep Abu Sufyan standing at the top of the mountain so that he would look at the Muslims. So Al-`Abbas kept him standing (at that place) and the tribes with the Prophet started passing in front of Abu Sufyan in military batches. A batch passed and Abu Sufyan said, "O `Abbas Who are these?" `Abbas said, "They are (Banu) Ghifar." Abu Sufyan said, I have got nothing to do with Ghifar." Then (a batch of the tribe of) Juhaina passed by and he said similarly as above. Then (a batch of the tribe of) Sa`d bin Huzaim passed by and he said similarly as above. then (Banu) Sulaim passed by and he said similarly as above. Then came a batch, the like of which Abu Sufyan had not seen. He said, "Who are these?" `Abbas said, "They are the Ansar headed by Sa`d bin Ubada, the one holding the flag." Sa`d bin Ubada said, "O Abu Sufyan! Today is the day of a great battle and today (what is prohibited in) the Ka`ba will be permissible." Abu Sufyan said., "O `Abbas! How excellent the day of destruction is! "Then came another batch (of warriors) which was the smallest of all the batches, and in it there was Allah's Apostle and his companions and the flag of the Prophet was carried by Az-Zubair bin Al Awwam. When Allah's Apostle passed by Abu Sufyan, the latter said, (to the Prophet), "Do you know what Sa`d bin 'Ubada said?" The Prophet said, "What did he say?" Abu Sufyan said, "He said so-and-so." The Prophet said, "Sa`d told a lie, but today Allah will give superiority to the Ka`ba and today the Ka`ba will be covered with a (cloth) covering." Allah's Apostle ordered that his flag be fixed at Al-Hajun. Narrated `Urwa: Nafi` bin Jubair bin Mut`im said, "I heard Al-Abbas saying to Az-Zubair bin Al- `Awwam, 'O Abu `Abdullah ! Did Allah's Apostle order you to fix the flag here?' " Allah's Apostle ordered Khalid bin Al-Walid to enter Mecca from its upper part from Ka'da while the Prophet himself entered from Kuda. Two men from the cavalry of Khalid bin Al-Wahd named Hubaish bin Al-Ash'ar and Kurz bin Jabir Al-Fihri were martyred on that day.

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (saws): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (saws) was at that time at Medina before the battle of Badr.

(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.

When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (saws).

When this news reached the Messenger of Allah (saws), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (saws), they scattered. This reached the infidels of the Quraysh.

The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (saws), they gathered Banu an-Nadir to violate the treaty.

They sent a message to the Prophet (saws): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.

When the next day came, the Messenger of Allah (saws) went out in the morning with an army, and surrounded them.

He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.

Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.

He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (saws). Allah bestowed them upon him and gave them him as a special portion.

He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (saws) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (saws) which is in the hands of the descendants of Fatimah (Allah be pleased with her).

That Allah's Apostle rode over a donkey covered with a Fadakiya (velvet sheet) and Usama was riding behind him. He was visiting Sa`d bin 'Ubada (who was sick) in the dwelling place of Bani Al-Harith bin Al-Khazraj and this incident happened before the battle of Badr. They proceeded till they passed by a gathering in which `Abdullah bin Ubai bin Salul was present., and that was before `Abdullah bin Ubat embraced Islam. In that gathering there were Muslims, pagan idolators and Jews, and among the Muslims there was `Abdullah bin Rawaha. When a cloud of dust raised by (the movement of ) the animal covered that gathering, `Abdullah bin Ubai covered his nose with his garment and said, "Do not cover us with dust." Allah's Apostle greeted them, stopped, dismounted and invited them to Allah (i.e. to embrace Islam) and recited to them the Holy Qur'an. On that `Abdullah bin Ubai bin Salul said to him, "O man! There is nothing better than what you say, if it is the truth. So do not trouble us with it in our gatherings, but if somebody comes to you, you can preach to him." On that `Abdullah bin Rawaha said "Yes, O Allah's Apostle! Call on us in our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing one another till they were about to fight with one another. Allah's Apostle kept on quietening them till all of them became quiet, and then Allah's Apostle rode his animal and proceeded till he entered upon Sa`d bin 'Ubada. Allah's Apostle said, "O Sa`d! Didn't you hear what Abu Habab said?" (meaning `Abdullah bin Unbar). "He said so-and-so." Sa`d bin Ubada said, "O Allah's Apostle! Let my father be sacrificed for you ! Excuse and forgive him for, by Him Who revealed to you the Book, Allah sent the Truth which was revealed to you at the time when the people of this town had decided to crown him (`Abdullah bin Ubai) as their ruler. So when Allah had prevented that with the Truth He had given you, he was choked by that, and that caused him to behave in such an impolite manner which you had noticed." So Allah's Apostle excused him. (It was the custom of) Allah's Apostle and his companions to excuse the pagans and the people of the scripture (Christians and Jews) as Allah ordered them, and they used to be patient when annoyed (by them). Allah said: 'You shall certainly hear much that will grieve you from those who received the Scripture before you.....and from the pagans (3.186) He also said: 'Many of the people of the scripture wish that if they could turn you away as disbelievers after you have believed. .... (2.109) So Allah's Apostle used to apply what Allah had ordered him by excusing them till he was allowed to fight against them. When Allah's Apostle had fought the battle of Badr and Allah killed whomever He killed among the chiefs of the infidels and the nobles of Quraish, and Allah's Apostle and his companions had returned with victory and booty, bringing with them some of the chiefs of the infidels and the nobles of the Quraish as captives. `Abdullah bin Ubai bin Salul and the pagan idolators who were with him, said, "This matter (Islam) has now brought out its face (triumphed), so give Allah's Apostle the pledge of allegiance (for embracing Islam.)". Then they became Muslims.

The night Allah's Apostle was taken for a journey from the sacred mosque (of Mecca) Al-Ka`ba: Three persons came to him (in a dreamy while he was sleeping in the Sacred Mosque before the Divine Inspiration was revealed to Him. One of them said, "Which of them is he?" The middle (second) angel said, "He is the best of them." The last (third) angle said, "Take the best of them." Only that much happened on that night and he did not see them till they came on another night, i.e. after The Divine Inspiration was revealed to him. (Fath-ul-Bari Page 258, Vol. 17) and he saw them, his eyes were asleep but his heart was not----and so is the case with the prophets: their eyes sleep while their hearts do not sleep. So those angels did not talk to him till they carried him and placed him beside the well of Zamzam. From among them Gabriel took charge of him. Gabriel cut open (the part of his body) between his throat and the middle of his chest (heart) and took all the material out of his chest and `Abdomen and then washed it with Zamzam water with his own hands till he cleansed the inside of his body, and then a gold tray containing a gold bowl full of belief and wisdom was brought and then Gabriel stuffed his chest and throat blood vessels with it and then closed it (the chest). He then ascended with him to the heaven of the world and knocked on one of its doors. The dwellers of the Heaven asked, 'Who is it?' He said, "Gabriel." They said, "Who is accompanying you?" He said, "Muhammad." They said, "Has he been called?" He said, "Yes" They said, "He is welcomed." So the dwellers of the Heaven became pleased with his arrival, and they did not know what Allah would do to the Prophet on earth unless Allah informed them. The Prophet met Adam over the nearest Heaven. Gabriel said to the Prophet, "He is your father; greet him." The Prophet greeted him and Adam returned his greeting and said, "Welcome, O my Son! O what a good son you are!" Behold, he saw two flowing rivers, while he was in the nearest sky. He asked, "What are these two rivers, O Gabriel?" Gabriel said, "These are the sources of the Nile and the Euphrates." Then Gabriel took him around that Heaven and behold, he saw another river at the bank of which there was a palace built of pearls and emerald. He put his hand into the river and found its mud like musk Adhfar. He asked, "What is this, O Gabriel?" Gabriel said, "This is the Kauthar which your Lord has kept for you." Then Gabriel ascended (with him) to the second Heaven and the angels asked the same questions as those on the first Heaven, i.e., "Who is it?" Gabriel replied, "Gabriel". They asked, "Who is accompanying you?" He said, "Muhammad." They asked, "Has he been sent for?" He said, "Yes." Then they said, "He is welcomed.'' Then he (Gabriel) ascended with the Prophet to the third Heaven, and the angels said the same as the angels of the first and the second Heavens had said. Then he ascended with him to the fourth Heaven and they said the same; and then he ascended with him to the fifth Heaven and they said the same; and then he ascended with him to the sixth Heaven and they said the same; then he ascended with him to the seventh Heaven and they said the same. On each Heaven there were prophets whose names he had mentioned and of whom I remember Idris on the second Heaven, Aaron on the fourth Heavens another prophet whose name I don't remember, on the fifth Heaven, Abraham on the sixth Heaven, and Moses on the seventh Heaven because of his privilege of talking to Allah directly. Moses said (to Allah), "O Lord! I thought that none would be raised up above me." But Gabriel ascended with him (the Prophet) for a distance above that, the distance of which only Allah knows, till he reached the Lote Tree (beyond which none may pass) and then the Irresistible, the Lord of Honor and Majesty approached and came closer till he (Gabriel) was about two bow lengths or (even) nearer. (It is said that it was Gabriel who approached and came closer to the Prophet. (Fate Al-Bari Page 263, 264, Vol. 17). Among the things which Allah revealed to him then, was: "Fifty prayers were enjoined on his followers in a day and a night." Then the Prophet descended till he met Moses, and then Moses stopped him and asked, "O Muhammad ! What did your Lord en join upon you?" The Prophet replied," He enjoined upon me to perform fifty prayers in a day and a night." Moses said, "Your followers cannot do that; Go back so that your Lord may reduce it for you and for them." So the Prophet turned to Gabriel as if he wanted to consult him about that issue. Gabriel told him of his opinion, saying, "Yes, if you wish." So Gabriel ascended with him to the Irresistible and said while he was in his place, "O Lord, please lighten our burden as my followers cannot do that." So Allah deducted for him ten prayers where upon he returned to Moses who stopped him again and kept on sending him back to his Lord till the enjoined prayers were reduced to only five prayers. Then Moses stopped him when the prayers had been reduced to five and said, "O Muhammad! By Allah, I tried to persuade my nation, Bani Israel to do less than this, but they could not do it and gave it up. However, your followers are weaker in body, heart, sight and hearing, so return to your Lord so that He may lighten your burden." The Prophet turned towards Gabriel for advice and Gabriel did not disapprove of that. So he ascended with him for the fifth time. The Prophet said, "O Lord, my followers are weak in their bodies, hearts, hearing and constitution, so lighten our burden." On that the Irresistible said, "O Muhammad!" the Prophet replied, "Labbaik and Sa`daik." Allah said, "The Word that comes from Me does not change, so it will be as I enjoined on you in the Mother of the Book." Allah added, "Every good deed will be rewarded as ten times so it is fifty (prayers) in the Mother of the Book (in reward) but you are to perform only five (in practice)." The Prophet returned to Moses who asked, "What have you done?" He said, "He has lightened our burden: He has given us for every good deed a tenfold reward." Moses said, "By Allah! I tried to make Bani Israel observe less than that, but they gave it up. So go back to your Lord that He may lighten your burden further." Allah's Apostle said, "O Moses! By Allah, I feel shy of returning too many times to my Lord." On that Gabriel said, "Descend in Allah's Name." The Prophet then woke while he was in the Sacred Mosque (at Mecca).

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.

Ibn ‘Abbas said “Hilal bin Umayyah was one of the three persons whose repentance was accepted by Allaah. One night he returned from his land and found a man along with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning.” Next day he went to the Apostle of Allaah(saws) in the morning and said Apostle of Allaah(saws) “I came to my wife in the night and found a man along with her. I saw with my own eyes and heard with my own ears. The Apostle of Allaah(saws) disliked what he described and he took it seriously. There upon the following Qur’anic verse came down “And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them ....” When the Apostle of Allaah(saws) came to himself (after the revelation ended) he said “Glad tidings to you Hilal, Allaah the exalted has made ease and a way out for you.” Hilal said “I expected that from my Lord. The Apostle of Allaah(saws) said “Send for her. She then came.” The Apostle of Allaah(saws) recited the verses to them and he reminded them and told them that the punishment in the next world was more severe than that in n this world. Hilal said “I swear by Allah I spoke the truth against her.” She said “He told a lie.” The Apostle of Allaah(saws) said “Apply the method of invoking curses on one another. Hilal was told “Bear witness. So he bore witness before Allaah four times that he spoke the truth.” When he was about to utter the fifth time he was told “Hilal fear Allah, for the punishment in this world is easier than that in the next world and this is the deciding one, that will surely cause punishment to you.” He said “I swear by Allaah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act).” So he bore witness a fifth time invoking the curse of Allah on him if he was of those who tell a lie. Then the people said to her, Testify. So she gave testimony before Allaah that he was a liar. When she was going to testify the fifth time she was told “Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you.” She hesitated for a moment. And then said “By Allah, I will not disgrace my people.” So she testified a fifth time invoking the curse of Allah on her if he spoke the truth. Apostle of Allaah(saws) separated them from each other and decided that the child will not be attributed to its father. Neither she nor her child will be accused of adultery. He who accuses her or her child will be liable to punishment. He also decided that there will be no dwelling and maintenance for her (from the husband) as they were separated without divorce and death. He then said “If she gives birth to a child with reddish hair, light buttocks, wide belly and light shins he will be the child of Hilal. If she bears a dusky child with curly hair, fat limbs, fat shins and fat buttocks he will be the child of the one who was accused of adultery. She gave birth to a child with curly hair, fat limbs, fat shins and fat buttocks. The Apostle of Allaah(saws) said “Had there been no oaths, I would have dealt with her severely.”

‘Ikrimah said “Later on he became the chief of the tribe of Mudar. He was not attributed to his father.”

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

I had been eager to ask `Umar about the two ladies from among the wives of the Prophet regarding whom Allah said (in the Qur'an saying): If you two (wives of the Prophet namely Aisha and Hafsa) turn in repentance to Allah your hearts are indeed so inclined (to oppose what the Prophet likes) (66.4), till performed the Hajj along with `Umar (and on our way back from Hajj) he went aside (to answer the call of nature) and I also went aside along with him carrying a tumbler of water. When he had answered the call of nature and returned. I poured water on his hands from the tumbler and he performed ablution. I said, "O Chief of the believers! ' Who were the two ladies from among the wives of the Prophet to whom Allah said: 'If you two return in repentance (66.4)? He said, "I am astonished at your question, O Ibn `Abbas. They were Aisha and Hafsa." Then `Umar went on relating the narration and said. "I and an Ansari neighbor of mine from Bani Umaiya bin Zaid who used to live in `Awali Al-Medina, used to visit the Prophet in turns. He used to go one day, and I another day. When I went I would bring him the news of what had happened that day regarding the instructions and orders and when he went, he used to do the same for me. We, the people of Quraish, used to have authority over women, but when we came to live with the Ansar, we noticed that the Ansari women had the upper hand over their men, so our women started acquiring the habits of the Ansari women. Once I shouted at my wife and she paid me back in my coin and I disliked that she should answer me back. She said, 'Why do you take it ill that I retort upon you? By Allah, the wives of the Prophet retort upon him, and some of them may not speak with him for the whole day till night.' What she said scared me and I said to her, 'Whoever amongst them does so, will be a great loser.' Then I dressed myself and went to Hafsa and asked her, 'Does any of you keep Allah's Apostle angry all the day long till night?' She replied in the affirmative. I said, 'She is a ruined losing person (and will never have success)! Doesn't she fear that Allah may get angry for the anger of Allah's Apostle and thus she will be ruined? Don't ask Allah's Apostle too many things, and don't retort upon him in any case, and don't desert him. Demand from me whatever you like, and don't be tempted to imitate your neighbor (i.e. `Aisha) in her behavior towards the Prophet), for she (i.e. Aisha) is more beautiful than you, and more beloved to Allah's Apostle. In those days it was rumored that Ghassan, (a tribe living in Sham) was getting prepared their horses to invade us. My companion went (to the Prophet on the day of his turn, went and returned to us at night and knocked at my door violently, asking whether I was sleeping. I was scared (by the hard knocking) and came out to him. He said that a great thing had happened. I asked him: What is it? Have Ghassan come? He replied that it was worse and more serious than that, and added that Allah's Apostle had divorced all his wives. I said, Hafsa is a ruined loser! I expected that would happen some day.' So I dressed myself and offered the Fajr prayer with the Prophet. Then the Prophet entered an upper room and stayed there alone. I went to Hafsa and found her weeping. I asked her, 'Why are you weeping? Didn't I warn you? Have Allah's Apostle divorced you all?' She replied, 'I don't know. He is there in the upper room.' I then went out and came to the pulpit and found a group of people around it and some of them were weeping. Then I sat with them for some time, but could not endure the situation. So I went to the upper room where the Prophet was and requested to a black slave of his: "Will you get the permission of (Allah's Apostle) for `Umar (to enter)? The slave went in, talked to the Prophet about it and came out saying, 'I mentioned you to him but he did not reply.' So, I went and sat with the people who were sitting by the pulpit, but I could not bear the situation, so I went to the slave again and said: "Will you get he permission for `Umar? He went in and brought the same reply as before. When I was leaving, behold, the slave called me saying, "Allah's Apostle has granted you permission." So, I entered upon the Prophet and saw him lying on a mat without wedding on it, and the mat had left its mark on the body of the Prophet, and he was leaning on a leather pillow stuffed with palm fires. I greeted him and while still standing, I said: "Have you divorced your wives?' He raised his eyes to me and replied in the negative. And then while still standing, I said chatting: "Will you heed what I say, 'O Allah's Apostle! We, the people of Quraish used to have the upper hand over our women (wives), and when we came to the people whose women had the upper hand over them..." `Umar told the whole story (about his wife). "On that the Prophet smiled." `Umar further said, "I then said, 'I went to Hafsa and said to her: Do not be tempted to imitate your companion (`Aisha) for she is more beautiful than you and more beloved to the Prophet.' The Prophet smiled again. When I saw him smiling, I sat down and cast a glance at the room, and by Allah, I couldn't see anything of importance but three hides. I said (to Allah's Apostle) "Invoke Allah to make your followers prosperous for the Persians and the Byzantines have been made prosperous and given worldly luxuries, though they do not worship Allah?' The Prophet was leaning then (and on hearing my speech he sat straight) and said, 'O Ibn Al-Khattab! Do you have any doubt (that the Hereafter is better than this world)? These people have been given rewards of their good deeds in this world only.' I asked the Prophet . 'Please ask Allah's forgiveness for me. The Prophet did not go to his wives because of the secret which Hafsa had disclosed to `Aisha, and he said that he would not go to his wives for one month as he was angry with them when Allah admonished him (for his oath that he would not approach Maria). When twenty-nine days had passed, the Prophet went to Aisha first of all. She said to him, 'You took an oath that you would not come to us for one month, and today only twenty-nine days have passed, as I have been counting them day by day.' The Prophet said, 'The month is also of twenty-nine days.' That month consisted of twenty-nine days. `Aisha said, 'When the Divine revelation of Choice was revealed, the Prophet started with me, saying to me, 'I am telling you something, but you need not hurry to give the reply till you can consult your parents." `Aisha knew that her parents would not advise her to part with the Prophet . The Prophet said that Allah had said: 'O Prophet! Say To your wives; If you desire The life of this world And its glitter, ... then come! I will make a provision for you and set you free In a handsome manner. But if you seek Allah And His Apostle, and The Home of the Hereafter, then Verily, Allah has prepared For the good-doers amongst you A great reward.' (33.28) `Aisha said, 'Am I to consult my parents about this? I indeed prefer Allah, His Apostle, and the Home of the Hereafter.' After that the Prophet gave the choice to his other wives and they also gave the same reply as `Aisha did."

Allah's Apostle wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi whom Allah's Apostle ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Apostle reached Caesar, he said after reading it, 'Seek for me any one of his people! (Arabs of Quraish tribe) if present here, in order to ask him about Allah's Apostle. At that time Abu Sufyan bin Harb was in Sham with some men from Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah's Apostle; and the infidels of Quraish. Abu Sufyan said, Caesar's messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator. 'Ask them who amongst them is a close relation to the man who claims to be a prophet." Abu Sufyan added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately." Abu Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth. He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs to a noble family amongst us.' He said, 'Have anybody else amongst you ever claimed the same before him? 'I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he claimed? ' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are they increasing or decreasing (day by day)?' I replied,' They are increasing.' He said, 'Does anybody amongst those who embrace his (the Prophet's) Religion become displeased and then discard his Religion?'. I replied, 'No. ' He said, 'Does he break his promises? I replied, 'No, but we are now at truce with him and we are afraid that he may betray us." Abu Sufyan added, "Other than the last sentence, I could not say anything against him. Caesar then asked, 'Have you ever had a war with him?' I replied, 'Yes.' He said, 'What was the outcome of your battles with him?' I replied, 'The result was unstable; sometimes he was victorious and sometimes we.' He said, 'What does he order you to do?' I said, 'He tells us to worship Allah alone, and not to worship others along with Him, and to leave all that our fore-fathers used to worship. He orders us to pray, give in charity, be chaste, keep promises and return what is entrusted to us.' When I had said that, Caesar said to his translator, 'Say to him: I ask you about his lineage and your reply was that he belonged to a noble family. In fact, all the apostles came from the noblest lineage of their nations. Then I questioned you whether anybody else amongst you had claimed such a thing, and your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following a claim that had been said before him. When I asked you whether he was ever blamed for telling lies, your reply was in the negative, so I took it for granted that a person who did not tell a lie about (others) the people could never tell a lie about Allah. Then I asked you whether any of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom. When I asked you whether the rich or the poor people followed him, you replied that it was the poor who followed him. In fact, such are the followers of the apostles. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing. In fact, this is the result of true faith till it is complete (in all respects). I asked you whether there was anybody who, after embracing his religion, became displeased and discarded his religion; your reply was in the negative. In fact, this is the sign of true faith, for when its cheerfulness enters and mixes in the hearts completely, nobody will be displeased with it. I asked you whether he had ever broken his promise. You replied in the negative. And such are the apostles; they never break their promises. When I asked you whether you fought with him and he fought with you, you replied that he did, and that sometimes he was victorious and sometimes you. Indeed, such are the apostles; they are put to trials and the final victory is always theirs. Then I asked you what he ordered you. You replied that he ordered you to worship Allah alone and not to worship others along with Him, to leave all that your fore-fathers used to worship, to offer prayers, to speak the truth, to be chaste, to keep promises, and to return what is entrusted to you. These are really the qualities of a prophet who, I knew (from the previous Scriptures) would appear, but I did not know that he would be from amongst you. If what you say should be true, he will very soon occupy the earth under my feet, and if I knew that I would reach him definitely, I would go immediately to meet Him; and were I with him, then I would certainly wash his feet.' " Abu Sufyan added, "Caesar then asked for the letter of Allah's Apostle and it was read. Its contents were: "In the name of Allah, the most Beneficent, the most Merciful (This letter is) from Muhammad, the slave of Allah, and His Apostle, to Heraculius, the Ruler of the Byzantine. Peace be upon the followers of guidance. Now then, I invite you to Islam (i.e. surrender to Allah), embrace Islam and you will be safe; embrace Islam and Allah will bestow on you a double reward. But if you reject this invitation of Islam, you shall be responsible for misguiding the tillers (i.e. your nation). O people of the Scriptures! Come to a word common to you and us and you, that we worship. None but Allah, and that we associate nothing in worship with Him; and that none of us shall take others as Lords besides Allah. Then if they turn away, say: Bear witness that we are (they who have surrendered (unto Him)..(3.64) Abu Sufyan added, "When Heraclius had finished his speech, there was a great hue and cry caused by the Byzantine Royalties surrounding him, and there was so much noise that I did not understand what they said. So, we were turned out of the court. When I went out with my companions and we were alone, I said to them, 'Verily, Ibn Abi Kabsha's (i.e. the Prophet's) affair has gained power. This is the King of Bani Al-Asfar fearing him." Abu Sufyan added, "By Allah, I remained low and was sure that his religion would be victorious till Allah converted me to Islam, though I disliked it."

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rak`at (prayer). They allowed him and he offered Two rak`at and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rak`at prayer (before being killed). Allah fulfilled the invocation of `Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that `Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) `Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over `Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

that he heard Allah's Apostle saying, "Allah willed to test three Israelis who were a Leper, a blind man and a bald-headed man. So, he sent them an angel who came to the leper and said, 'What thing do you like most?' He replied, 'Good color and good skin, for the people have a strong aversion to me.' The angel touched him and his illness was cured, and he was given a good color and beautiful skin. The angel asked him, 'What kind of property do you like best?' He replied, 'Camels (or cows).' (The narrator is in doubt, for either the leper or the bald-headed man demanded camels and the other demanded cows). So he (i.e. the leper) was given a pregnant she-camel, and the angel said (to him), 'May Allah bless you in it.' The angel then went to the bald-headed man and said, 'What thing do you like most?' He said, 'I like good hair and wish to be cured of this disease, for the people feel repulsion for me.' The angel touched him and his illness was cured, and he was given good hair. The angel asked (him), 'What kind of property do you like best?' He replied, 'Cows,' The angel gave him a pregnant cow and said, 'May Allah bless you in it.' The angel went to the blind man and asked, 'What thing do you like best?' He said, '(I like) that Allah may restore my eye-sight to me so that I may see the people.' The angel touched his eyes and Allah gave him back his eye-sight. The angel asked him, 'What kind of property do you like best?' He replied, 'Sheep.' The angel gave him a pregnant sheep. Afterwards, all the three pregnant animals gave birth to young ones, and multiplied and brought forth so much that one of the (three) men had a herd of camels filling a valley, and one had a herd of cows filling a valley, and one had a flock of sheep filling a valley. Then the angel, disguised in the shape and appearance of a leper, went to the leper and said, I am a poor man, who has lost all means of livelihood while on a journey. So none will satisfy my need except Allah and then you. In the Name of Him Who has given you such nice color and beautiful skin, and so much property, I ask you to give me a camel so that I may reach my destination. The man replied, 'I have many obligations (so I cannot give you).' The angel said, 'I think I know you; were you not a leper to whom the people had a strong aversion? Weren't you a poor man, and then Allah gave you (all this property).' He replied, '(This is all wrong), I got this property through inheritance from my fore-fathers.' The angel said, 'If you are telling a lie, then let Allah make you as you were before. ' Then the angel, disguised in the shape and appearance of a bald man, went to the bald man and said to him the same as he told the first one, and he too answered the same as the first one did. The angel said, 'If you are telling a lie, then let Allah make you as you were before.' The angel, disguised in the shape of a blind man, went to the blind man and said, 'I am a poor man and a traveler, whose means of livelihood have been exhausted while on a journey. I have nobody to help me except Allah, and after Him, you yourself. I ask you in the Name of Him Who has given you back your eye-sight to give me a sheep, so that with its help, I may complete my journey.' The man said, 'No doubt, I was blind and Allah gave me back my eye-sight; I was poor and Allah made me rich; so take anything you wish from my property. By Allah, I will not stop you for taking anything (you need) of my property which you may take for Allah's sake.' The angel replied, 'Keep your property with you. You (i.e the three men) have been tested, and Allah is pleased with you and is angry with your two companions."

I had been eager to ask `Umar bin Al-Khattab about the two ladies from among the wives of the Prophet regarding whom Allah said 'If you two (wives of the Prophet namely Aisha and Hafsa) turn in repentance to Allah, your hearts are indeed so inclined (to oppose what the Prophet likes). (66.4) till `Umar performed the Hajj and I too, performed the Hajj along with him. (On the way) `Umar went aside to answer the call of nature, and I also went aside along with him carrying a tumbler full of water, and when `Umar had finished answering the call of nature, I poured water over his hands and he performed the ablution. Then I said to him, "O chief of the Believers! Who were the two ladies from among the wives of the Prophet regarding whom Allah said: 'If you two (wives of the Prophet) turn in repentance to Allah your hearts are indeed so inclined (to oppose what the Prophet likes)?" (66.4) He said, "I am astonished at your question, O Ibn `Abbas. They were `Aisha and Hafsa." Then `Umar went on narrating the Hadith and said, "I and an Ansari neighbor of mine from Bani Umaiyya bin Zaid who used to live in `Awali-al-Medina, used to visit the Prophet in turn. He used to go one day and I another day. When I went, I would bring him the news of what had happened that day regarding the Divine Inspiration and other things, and when he went, he used to do the same for me. We, the people of Quraish used to have the upper hand over our wives, but when we came to the Ansar, we found that their women had the upper hand over their men, so our women also started learning the ways of the Ansari women. I shouted at my wife and she retorted against me and I disliked that she should answer me back. She said to me, 'Why are you so surprised at my answering you back? By Allah, the wives of the Prophet answer him back and some of them may leave (does not speak to) him throughout the day till the night.' The (talk) scared me and I said to her, 'Whoever has done so will be ruined!' Then I proceeded after dressing myself, and entered upon Hafsa and said to her, 'Does anyone of you keep the Prophet angry till night?' She said, 'Yes.' I said, 'You are a ruined losing person! Don't you fear that Allah may get angry for the anger of Allah's Apostle and thus you will be ruined? So do not ask more from the Prophet and do not answer him back and do not give up talking to him. Ask me whatever you need and do not be tempted to imitate your neighbor (i.e., `Aisha) in her manners for she is more charming than you and more beloved to the Prophet ." `Umar added,"At that time a talk was circulating among us that (the tribe of) Ghassan were preparing their horses to invade us. My Ansari companion, on the day of his turn, went (to the town) and returned to us at night and knocked at my door violently and asked if I was there. I became horrified and came out to him. He said, 'Today a great thing has happened.' I asked, 'What is it? Have (the people of) Ghassan come?' He said, 'No, but (What has happened) is greater and more horrifying than that: Allah's Apostle; has divorced his wives. `Umar added, "The Prophet kept away from his wives and I said "Hafsa is a ruined loser.' I had already thought that most probably this (divorce) would happen in the near future. So I dressed myself and offered the morning prayer with the Prophet and then the Prophet; entered an upper room and stayed there in seclusion. I entered upon Hafsa and saw her weeping. I asked, 'What makes you weep? Did I not warn you about that? Did the Prophet divorce you all?' She said, 'I do not know. There he is retired alone in the upper room.' I came out and sat near the pulpit and saw a group of people sitting around it and some of them were weeping. I sat with them for a while but could not endure the situation, so I went to the upper room where the Prophet; was and said to a black slave of his, 'Will you get the permission (of the Prophet ) for `Umar (to enter)?' The slave went in, talked to the Prophet about it and then returned saying, 'I have spoken to the Prophet and mentioned you but he kept quiet.' Then I returned and sat with the group of people sitting near the pulpit. but I could not bear the situation and once again I said to the slave, 'Will you get the permission for `Umar?' He went in and returned saying, 'I mentioned you to him but he kept quiet.' So I returned again and sat with the group of people sitting near the pulpit, but I could not bear the situation, and so I went to the slave and said, 'Will you get the permission for `Umar?' He went in and returned to me saying, 'I mentioned you to him but he kept quiet.' When I was leaving, behold! The slave called me, saying, 'The Prophet has given you permission.' Then I entered upon Allah's Apostle and saw him Lying on a bed made of stalks of date palm leaves and there was no bedding between it and him. The stalks left marks on his side and he was leaning on a leather pillow stuffed with date-palm fires. I greeted him and while still standing I said, 'O Allah's Apostle! Have you divorced your wives?' He looked at me and said, 'No.' I said, 'Allah Akbar!' And then, while still standing, I said chatting, 'Will you heed what I say, O Allah's Apostle? We, the people of Quraish used to have power over our women, but when we arrived at Medina we found that the men (here) were overpowered by their women.' The Prophet smiled and then I said to him, 'Will you heed what I say, O Allah's Apostle? I entered upon Hafsa and said to her, "Do not be tempted to imitate your companion (`Aisha), for she is more charming than you and more beloved to the Prophet.' " The Prophet smiled for a second time. When I saw him smiling, I sat down. Then I looked around his house, and by Allah, I could not see anything of importance in his house except three hides, so I said, 'O Allah's Apostle! Invoke Allah to make your followers rich, for the Persians and the Romans have been made prosperous and they have been given (the pleasures of the world), although they do not worship Allah.' Thereupon the Prophet sat up as he was reclining. and said, 'Are you of such an opinion, O the son of Al-Khattab? These are the people who have received the rewards for their good deeds in this world.' I said, 'O Allah's Apostle! Ask Allah to forgive me.' Then the Prophet kept away from his wives for twenty-nine days because of the story which Hafsa had disclosed to `Aisha. The Prophet had said, 'I will not enter upon them (my wives) for one month,' because of his anger towards them, when Allah had admonished him. So, when twenty nine days had passed, the Prophet first entered upon `Aisha. `Aisha said to him, 'O Allah's Apostle! You had sworn that you would not enter upon us for one month, but now only twenty-nine days have passed, for I have been counting them one by one.' The Prophet said, 'The (present) month is of twenty nine days.' `Aisha added, 'Then Allah revealed the Verses of the option. (2) And out of all his-wives he asked me first, and I chose him.' Then he gave option to his other wives and they said what `Aisha had said . " (1) The Prophet, ' had decided to abstain from eating a certain kind of food because of a certain event, so Allah blamed him for doing so. Some of his wives were the cause of him taking that decision, therefore he deserted them for one month. See Qur'an: (66.4)

Some people said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you crowd and squeeze each other on looking at the sun when it is not hidden by clouds?" They replied, "No, Allah's Apostle." He said, "Do you crowd and squeeze each other on looking at the moon when it is full and not hidden by clouds?" They replied, No, O Allah's Apostle!" He said, "So you will see Him (your Lord) on the Day of Resurrection similarly Allah will gather all the people and say, 'Whoever used to worship anything should follow that thing. 'So, he who used to worship the sun, will follow it, and he who used to worship the moon will follow it, and he who used to worship false deities will follow them; and then only this nation (i.e., Muslims) will remain, including their hypocrites. Allah will come to them in a shape other than they know and will say, 'I am your Lord.' They will say, 'We seek refuge with Allah from you. This is our place; (we will not follow you) till our Lord comes to us, and when our Lord comes to us, we will recognize Him. Then Allah will come to then in a shape they know and will say, "I am your Lord.' They will say, '(No doubt) You are our Lord,' and they will follow Him. Then a bridge will be laid over the (Hell) Fire." Allah's Apostle added, "I will be the first to cross it. And the invocation of the Apostles on that Day, will be 'Allahumma Sallim, Sallim (O Allah, save us, save us!),' and over that bridge there will be hooks Similar to the thorns of As Sa'dan (a thorny tree). Didn't you see the thorns of As-Sa'dan?" The companions said, "Yes, O Allah's Apostle." He added, "So the hooks over that bridge will be like the thorns of As-Sa-dan except that their greatness in size is only known to Allah. These hooks will snatch the people according to their deeds. Some people will be ruined because of their evil deeds, and some will be cut into pieces and fall down in Hell, but will be saved afterwards, when Allah has finished the judgments among His slaves, and intends to take out of the Fire whoever He wishes to take out from among those who used to testify that none had the right to be worshipped but Allah. We will order the angels to take them out and the angels will know them by the mark of the traces of prostration (on their foreheads) for Allah banned the f ire to consume the traces of prostration on the body of Adam's son. So they will take them out, and by then they would have burnt (as coal), and then water, called Ma'ul Hayat (water of life) will be poured on them, and they will spring out like a seed springs out on the bank of a rainwater stream, and there will remain one man who will be facing the (Hell) Fire and will say, 'O Lord! It's (Hell's) vapor has Poisoned and smoked me and its flame has burnt me; please turn my face away from the Fire.' He will keep on invoking Allah till Allah says, 'Perhaps, if I give you what you want), you will ask for another thing?' The man will say, 'No, by Your Power, I will not ask You for anything else.' Then Allah will turn his face away from the Fire. The man will say after that, 'O Lord, bring me near the gate of Paradise.' Allah will say (to him), 'Didn't you promise not to ask for anything else? Woe to you, O son of Adam ! How treacherous you are!' The man will keep on invoking Allah till Allah will say, 'But if I give you that, you may ask me for something else.' The man will say, 'No, by Your Power. I will not ask for anything else.' He will give Allah his covenant and promise not to ask for anything else after that. So Allah will bring him near to the gate of Paradise, and when he sees what is in it, he will remain silent as long as Allah will, and then he will say, 'O Lord! Let me enter Paradise.' Allah will say, 'Didn't you promise that you would not ask Me for anything other than that? Woe to you, O son of Adam ! How treacherous you are!' On that, the man will say, 'O Lord! Do not make me the most wretched of Your creation,' and will keep on invoking Allah till Allah will smile and when Allah will smile because of him, then He will allow him to enter Paradise, and when he will enter Paradise, he will be addressed, 'Wish from so-and-so.' He will wish till all his wishes will be fulfilled, then Allah will say, All this (i.e. what you have wished for) and as much again therewith are for you.' " Abu Huraira added: That man will be the last of the people of Paradise to enter (Paradise).

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."

'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (saws) died, Abu Bakr said: I am the protector of the Messenger of Allah (saws). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (saws) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (saws) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (saws) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.

Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (saws) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."