Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

Ja’far bin Muhammad reported on the authority of his father “We entered upon Jabir bin ‘Abd Allaah. When we reached him, he asked about the people (who had come to visit him). When my turn came I said “I am Muhammad bin Ali bin Hussain. He patted my head with his hand and undid my upper then lower buttons. He then placed his hand between my nipples and in those days I was a young boy.” He then said “welcome to you my nephew, ask what you like. I questioned him he was blind. The time of prayer came and he stood wrapped in a mantle. Whenever he placed it on his shoulders its ends fell due to its shortness. He led us in prayer while his mantle was placed on a rack by his side. I said “tell me about the Hajj of the Apostle of Allaah(saws).”He signed with his hand and folded his fingers indicating nine. He then said Apostle of Allaah(saws) remained nine years (at Madeenah ) during which he did not perform Hajj, then made a public announcement in the tenth year to the effect that the Apostle of Allaah(saws) was about to (go to) perform Hajj. A large number of people came to Madeenah everyone desiring to follow him and act like him. The Apostle of Allaah(saws) went out and we too went out with him till we reached Dhu Al Hulaifah. Asma’ daughter of ‘Umais gave birth to Muhammad bin Abi Bakr. She sent message to Apostle of Allaah(saws) asking him What should I do?He replied “take a bath, bandage your private parts with a cloth and put on ihram.” The Apostle of Allaah(saws) then prayed (in the masjid) and mounted Al Qaswa’ and his she Camel stood erect with him on its back. Jabir said “I saw (a large number of) people on mounts and on foot in front of him and a similar number on his right side and a similar number on his left side and a similar number behind him. The Apostle of Allaah(saws) was among us, the Qur’an was being revealed to him and he knew its interpretation. Whatever he did, we did it. The Apostle of Allaah(saws) then raised his voice declaring Allaah’s unity and saying “Labbaik ( I am at thy service), O Allaah, labbaik, labbaik, Thou hast no partner praise and grace are Thine and the Dominion. Thou hast no partner. The people too raised their voices in talbiyah which they used to utter. But the Apostle of Allaah(saws) did not forbid them anything. The Apostle of Allaah(saws) continued his talbiyah. Jabir said “We did not express our intention of performing anything but Hajj, being unaware of ‘Umrah (at that season), but when we came with him to the House (the Ka’bah), he touched the corner (and made seven circuits) walking quickly with pride in three of them and walking ordinarily in four. Then going forward to the station of Abraham he recited “And take the station of Abraham as a place of prayer.” (While praying two rak’ahs) he kept the station between him and the House. The narrator said My father said that Ibn Nufail and ‘Uthman said I do not know that he (Jabir) narrated it from anyone except the Prophet (saws). The narrator Sulaiman said I do not know but he (Jabir) said “The Apostle of Allaah(saws) used to recite in the two rak’ahs “Say, He is Allaah, one” and “Say O infidels”. He then returned to the House (the ka’bah) and touched the corner after which he went out by the gate to Al Safa’. When he reached near Al Safa’ he recited “Al Safa’ and Al Marwah are among the indications of Allaah” and he added “We begin with what Allaah began with”. He then began with Al Safa’ and mounting it till he could see the House (the Ka’bah) he declared the greatness of Allaah and proclaimed his Unity. He then said “there is no god but Allaah alone, Who alone has fulfilled His promise, helped His servant and routed the confederates. He then made supplication in the course of that saying such words three times. He then descended and walked towards Al Marwah and when his feet came down into the bottom of the valley, he ran, and when he began to ascend he walked till he reached Al Marwah. He did at al Marwah as he had done at Al Safa’ and when he came to Al Marwah for the last time, he said “If I had known before what I have come to know afterwards regarding this matter of mine, I would not have brought sacrificial animals but made it an ‘Umrah, so if any of you has no sacrificial animals, he may take off ihram and treat it as an ‘Umrah. All the people then took off ihram and clipped their hair except the Prophet (saws) and those who had brought sacrificial animals. Suraqah (bin Malik) bin Ju’sham then got up and asked Apostle of Allaah(saws)does this apply to the present year or does it apply for ever? The Apostle of Allaah(saws) interwined his fingers and said “The ‘Umarh has been incorporated in Hajj. Adding ‘No’, but forever and ever. ‘Ali came from Yemen with the sacrificial animals of the Apostle of Allaah(saws) and found Fathima among one of those who had taken off their ihram. She said put on colored clothes and stained her eyes with collyrium. ‘Ali disliked (this action of her) and asked Who commanded you for this? She said “My father”. Jabir said ‘Ali said at Iraq I went to Apostle of Allaah(saws) to complain against Fathima for what she had done and to ask the opinion of Apostle of Allaah(saws) about which she mentioned to me. I informed him that I disliked her action and that thereupon she said to me “My father commanded me to do this.” He said “She spoke the truth, she spoke the truth.” What did you say when you put on ihram for Hajj? I said O Allaah, I put on ihram for the same purpose for which Apostle of Allaah(saws) has put it on. He said I have sacrificial animals with me, so do not take off ihram. He (Jabir) said “The total of those sacrificial animals brought by ‘Ali from Yemen and of those brought by the Prophet (saws) from Madeenah was one hundred.” Then all the people except the Prophet (saws) and those who had with them the sacrificial animals took off ihram and clipped their hair. When the 8th of Dhu Al Hijjah (Yaum Al Tarwiyah) came, they went towards Mina having pit on ihram for Hajj and the Apostle of Allaah(saws) rode and prayed at Mina the noon, afternoon, sunset, night and dawn prayers. After that he waited a little till the sun rose and gave orders for a tent of hair to be set up at Namrah. The Apostle of Allaah(saws) then sent out and the Quraish did not doubt that he would halt at Al Mash ‘ar Al Haram at Al Muzdalifah, as the Quraish used to do in the pre Islamic period but he passed on till he came to ‘Arafah and found that the tent had been setup at Namrah. There he dismounted and when the sun had passed the meridian he ordered Al Qaswa’ to be brought and when it was saddled for him, he went down to the bottom of the valley and addressed the people saying “Your lives and your property must be respected by one another like the sacredness of this day of yours in the month of yours in this town of yours. Lo! Everything pertaining to the pre Islamic period has been put under my feet and claims for blood vengeance belonging to the pre Islamic period have been abolished. The first of those murdered among us whose blood vengeance I permit is the blood vengeance of ours (according to the version of the narrator ‘Uthman, the blood vengeance of the son of Rabi’ah and according to the version of the narrator Sulaiman the blood vengeance of the son of Rabi’ah bin Al Harith bin ‘Abd Al Muttalib). Some (scholars) said “he was suckled among Banu Sa’d(i.e., he was brought up among Bani Sa’d) and then killed by Hudhail. The usury of the pre Islamic period is abolished and the first of usury I abolish is our usury, the usury of ‘Abbas bin ‘Abd Al Muttalib for it is all abolished. Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely. You are responsible for providing them with food and clothing in a fitting manner. I have left among you something by which if you hold to it you will never again go astray, that is Allaah’s Book. You will be asked about me, so what will you say? They replied “We testify that you have conveyed and fulfilled the message and given counsel. Then raising his forefinger towards the sky and pointing it at the people, he said “O Allaah! Be witness, O Allaah! Be witness, O Allaah! Be witness! Bilal then uttered the call to prayer and the iqamah and he prayed the noon prayer, he then uttered the iqamah and he prayed the afternoon prayer, engaging in no prayer between the two. He then mounted (his she Camel) al Qaswa’ and came to the place of standing , making his she Camel Al Qaswa‘ turn its back to the rocks and having the path taken by those who went on foot in front of him and he faced the qiblah. He remained standing till sunset when the yellow light had somewhat gone and the disc of the sun had disappeared. He took Usamah up behind him and picked the reins of Al Qaswa’ severely so much so that its head was touching the front part of the saddle. Pointing with is right hand he was saying “Calmness, O People! Calmness, O people. Whenever he came over a mound (of sand) he let loose its reins a little so that it could ascend. He then came to Al Muzdalifah where he combined the sunset and night prayers, with one adhan and two iqamahs. The narrator ‘Uthamn said He did not offer supererogatory prayers between them. The narrators are then agreed upon the version He then lay down till dawn and prayed the dawn prayer when the morning light was clear. The narrator Sulaiman said with one adhan and one iqamah. The narrators are then agreed upon the version He then mounted Al Qaswa’ and came to Al Mash’ar Al Haram and ascended it. The narrators ‘Uthaman and Sulaiman said He faced the qiblah praised Allaah, declared His greatness, His uniqueness. ‘Uthamn added in his version and His Unity and kept standing till the day was very clear. The Apostle of Allaah(saws) then went quickly before the sun rose , taking Al Fadl bin ‘Abbas behind him. He was a man having beautiful hair, white and handsome color. When the Apostle of Allaah(saws) went quickly, the women in the howdas also began to pass him quickly. Al Fadl began to look at them. The Apostle of Allaah(saws) placed his hand on the face of Al Fadl , but Al fadl turned his face towards the other side. The Apostle of Allaah(saws) also turned away his hand to the other side. Al Fadl also turned his face to the other side looking at them till he came to (the Valley of) Muhassir. He urged the Camel a little and following a middle road which comes out at the greatest jamrah, he came to the jamrah which is beside the tree and he threw seven small pebbles at this (jamrah) saying “Allah is most great” each time he threw a pebble like bean seeds. He threw them from the bottom of the valley. The Apostle of Allaah(saws) then went to the place of the sacrifice and sacrificed sixty three Camels with his own hand. He then commanded ‘Ali who sacrificed the remainder and he shared him and his sacrificial animals. After that he ordered that a piece of flesh from each Camel should be put in a pot and when it was cooked the two of them ate some of it and drank some of its broth. The narrator Sulaiman said the he mounted afterwards the Apostle of Allaah(saws) went quickly to the House (the Ka’bah) and prayed the noon prayer at Makkah. He came to Banu ‘Abd Al Muttalib who were supplying water at Zamzam and said draw water Banu ‘Abd Al Muttalib were it not that people would take from you the right to draw water, I would draw it along with you. So they handed him a bucket and he drank from it.

Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.

"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)

Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.

"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."

Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.

"No single one of them is given preference when that all occurs in his illness."

Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."

Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."

Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

One of the sons of Abu Talhah (May Allah be pleased with him) was ailing. Abu Talhah went out and the boy died in his absence. When he came back, he inquired, "How is the boy?". Umm Sulaim, the mother of the boy, replied, "Better than before". Then she placed his evening meal before him and he ate it; and thereafter slept with her. At last, she said to him: "Arrange for the burial of the boy". In the morning, Abu Talhah went to Messenger of Allah (PBUH) and informed him of the event. He enquired, "Did you sleep together last night?" Abu Talhah replied in the affirmative, on which the Prophet (PBUH) supplicated, "O Allah bless them." Thereafter, she gave birth to a boy. Abu Talhah said to me: "Take up the boy and carry him to the Prophet (PBUH)"; and he sent some dates with him. The Prophet (PBUH) enquired, "Is there anything with him?" He said; "Yes, some dates". The Prophet (PBUH) took a date, chewed it and put it in the mouth of the baby and rubbed the chewed date around the baby's gum and named him 'Abdullah.

[Al-Bukhari and Muslim].

The narration in Bukhari adds: Ibn 'Uyainah relates that a man from the Ansar told him that he had seen nine sons of this 'Abdullah, every one of whom had committed the Noble Qur'an to memory.

The narration of Muslim says: The son of Abu Talhah (May Allah be pleased with him) who was born of Umm Sulaim died. She (Umm Sulaim) said to the members of the family: "Do not tell Abu Talhah about his son until I mention it to him myself." Abu Talhah came (home) and she gave him supper. He ate and drank. She then beautified herself the best way she ever did and he slept with her. When she saw that he was satisfied after sexual intercourse with her, she said, "O Abu Talhah! If some people borrow something from another family and then (the members of the family) ask for its return, would they refuse to give it back to them." He said, "No". She said, "Then hope reward for your son". Abu Talhah got angry, and said; "You left me uninformed until I stained myself (with sexual intercourse) and then you told me about my son. "He went to Messenger of Allah (PBUH) and informed him about the matter. Thereupon Messenger of Allah (PBUH) said, "May Allah bless the night you spent together!" He (the narrator) said: She conceived. (One day) Messenger of Allah (PBUH) was in the course of a journey and she was along with him. When Messenger of Allah (PBUH) used to come back to Al-Madinah from a journey, he would not enter it (during the night). When the people came near Al- Madinah, she felt labour pains. He (Abu Talhah) remained with her and Messenger of Allah (PBUH) proceeded on. Abu Talhah said: "O Rubb, You know that I love to go along with Messenger of Allah (PBUH) when he goes out and enter along with him when he enters, and I have been detained as You see." Umm Sulaim then said: "O Abu Talhah, I do not feel (so much pain) as I was feeling earlier, so we better proceed on. So we proceeded on and she felt the labour of delivery as they reached (Al-Madinah). She gave birth to a male child. My mother said to me: "O Anas, none should suckle him until you go to Messenger of Allah (PBUH) tomorrow morning." The next morning I carried the baby with me to Messenger of Allah (PBUH), and narrated the rest of the story.

[Al-Bukhari and Muslim].

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

Rifa'a az-Zurqi said, "In the Battle of Uhud when the idolaters retreated, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Form straight ranks so that I can praise my Almighty Lord.' They formed in ranks behind him. He said, 'O Allah, all praise is due to You. O Allah, none can contract what You expand nor bring near what you put far away. None can put far away what You bring near. None can give what You withhold nor withhold what You give. O Allah, expand to us some of Your blessings, mercy and favour and give us provision! O Allah, I ask You for the abiding blessing which is neither changed nor removed. O Allah, I ask You for blessing on the Day of Utter Poverty and security on the Day of Fear. O Allah, I seek refuge with You from the evil of what You give us. O Allah, make us love belief and adorn our hearts with it. Make us hate disbelief, deviance and rebellion. Place us among the rightly-guided. O Allah, make us die Muslims and make us live as Muslims and join us to the rightly, acting, who are neither disappointed nor afflicted. O Allah, fight the unbelievers who bar your path and who deny Your Messengers. Place You abasement and punishment over them. O Allah, fight the unbelievers who were given the Book, O Lord of Truth!'"

Barirah came to her and said, "I had arranged to buy my freedom for nine Uqiya; one Uqiyah to be paid annually, so help me." 'Aishah (RA) replied, "If your people are pleased that I should pay (the amount) to them, and I shall have the right to inherit from you, I shall do so." Barira went to her people and told them about it, but they refused the offer. When she came back Allah's Messenger (SAW) was sitting (in the house). She said, "I offered that to them, but they insisted that the right to inherit from me should be theirs." The Prophet (SAW) heard that and 'Aishah (RA) told him about it. So, he said to 'Aishah (RA), "Take her and stipulate that the right to inherit from her will be yours, for the right of inheritance from her will be yours, for the right of inheritance belongs only to the one who has set a slave free." 'Aishah (RA) did so. Allah's Messenger (SAW) then stood up among the people to address them. So, after praising and extolling Allah, he said, "To proceed; what is the matter with some men who make conditions which are not in the Book of Allah, the Might, the Majestic? Any condition which is not in Allah's Book is invalid. Even if there are a hundred conditions, Allah's Decision is more valid and Allah's Condition is more binding. The right of inheritance belongs only to the one who has set a slave free." [Agreed upon and the wording is al-Bukhari's]. Muslim has: "Buy her, set her free and make the stipulation that the right to inherit from her will be yours."

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

“I was ever determined to ask Umar about the two women, among the wives of the Prophet, about whom Allah [the Mighty and Sublime] said: If you two turn in repentance, your hearts are indeed so inclined… until once when Umar performed Hajj, and I performed Hajj along with him. I poured water for his Wudu from a water holder, and I said: ‘O Commander of the Believers! Who are the two women among the wives of the Prophet, about whom Allah said: If your two turn in repentance, you hearts are indeed so inclined?’ He said to me: ‘I am astonished at you O Ibn Abbas!’” – Az-Zubair (one of the narrators) said: “By Allah! He disliked what he asked him, but he did not withhold it from him.” – “He said to me: ‘It was Aishah and Hafsah.’” He said: “Then he began narrating the Hadith to me. He said: ‘We, the people of the Quraish, used to have the upper hand over our women. So when we arrived in Al-Madinah, we found a people whose women had the upper hand over them. Our women began acquiring the habits of their women. One day I became angry with my wife when she started talking back to to me, she said: “What bothers you about that? By Allah! The wives of the Prophet talk back to him, and one of them may stay away from him a whole day until the night?’” “He said: ‘I said to myself: “Whoever among them has done that, then she has thwarted herself and lost.’” “He said: ‘My house was in Al-Awali among those of Banu Umayyah, and I had a neighbor among the Ansar, and he and I would take turns visiting the Messenger of Allah.’ He said: ‘One day I would visit him and bring the news of the Revealation, and other than that, and one day he would visit him and bring the same. We heard stories that Ghassan were preparing their horses to attack us. He said: ‘One day he came to me in the evening and knocked on my door, so I went out to him. He said: “A horrible thing has happened.” I said: “Ghassan has come?” He said: “Worse than that. The Messenger of Allah has divorced his wives.’” He said: ‘I said to myself: “Hafsah has thwarted herself and is a loser! I though this would happen some day.’” He said: ‘After we prayed Subh, I put on my clothes, then went to visit Hafsah. There I found her crying. I said: “Has the Messenger of Allah divorced (all of you)?” She said: “I do not know. He has secluded himself in the upper room.’” He said: ‘So I wen, and came upon a black slave, I said: “Seek permission for Umar.’” He said: ‘So he entered then came out to me. He said: “I mentioned you to him, but he did not say anything.’” He said: ‘So I went to the Masjid. There I found a group of people sitting around the Minhar weeping, so I sat down with them. Then it became too much for me, so I went to the slave and said: “Seek permission for Umar.” He went in, then he came out to me and said: “I mentioned you to him, but he did not say anything.’” He said: ‘So I went to the Masjid again, and sat there until I could not take it any more, and I went back to the slave and said: “Seek permission for Umar.” He went in, then he came out to me and said: “I mentioned you to him but he did not say anything.’” He said: ‘So I turned to leave, when the slave called me back. He said: “Enter for he has given you permission.’” He said: ‘So I entered, and found the Prophet reclining upon a woven mat, and I saw the marks it left on his side. I said: “O Messenger of Allah! Have you divorced your women?” He said: “No.” I said: “Allahu Akbar! IF you only saw us O Messenger of Allah! We the people of the Quraish used to have the upper hand over our women, but when we came to Al-Madinah we found a people whose women had the upper hand over them. Our women began acquiring the habits of their women. One day I became angry with my wife, so when she started talking back to me I rebuked her and she said: ‘What bothers you about that? By Allah! The wives of the Prophet talk back to him, and one of them may stay away from him a whole day until the night?’” He said: “I said to Hafsah: ‘Do you talk back to the Messenger of Allah?’ She said: ‘Yes, and one of us may stay away from him all day until the night.’” He said: “I said: ‘Whoever among them has done that, then she has thwarted herself and lost. So any of you feel so secure against Allah becoming angry with you because of the anger of the Messenger of Allah, then she will be ruined?’ He said: ‘So the Prophet smiled.’ He said: ‘So I said to Hafsah: “Do not talk back to the Messenger of Allah, and don’t ask him for anything. Ask me for whatever you want. And do not be tempted by the behavior of your companions, for she is more beautiful than you, and more loved by the Messenger of Allah.’” He said: ‘So he smiled again, I said: “O Messenger of Allah! May I speak candidily?” He said: “Yes.’” He said: ‘I raised my head and did not see in the house except for three hides. So I said: “O Messenger of Allah! Supplicate to Allah to make your followers prosperous. For verily, He has made the Persians and the Romans prosper, and they do not worship Him.” He then sat up and said: “Do you have some doubts O Ibn Al-Khattab? They are a people whose good has been hastened for them in this world’s life.’” He said: ‘He swore that he would not enter upon his women for a month. So Allah censured him for that, and he made the atonement of an oath.’” Az-Zuhri said: “Urwah informed me that Aishah said: “When twenty-nine days passed, the Prophet entered upon me first, and he said: “O Aishah! I am about to mention something to you, but do not be hasty in reply until you consult your parents.’” She said: ‘Then he recited this Ayah: “O Prophet! Say to your wives.” She said: ‘I knew by Allah! That my parents would not tell me to part with him.’ She said: ‘I said: “Is it about this that I should consult with my parents? Indeed I want Allah and His Messenger and the abode of the Hereafter.” Ma’mar (one of the narrators) said: “Ayyub informed me that Aishah said to him: ‘O Messenger of Allah! Do not inform your wives that I chose you.’ So the Prophet said: ‘Allah send me only as one who conveys (Muballigh), He did not send me as one causing hardship.’”

the Messenger of Allah (saas) said: "Allah has ninety-nine names, one hundred less one, for He is One and loves the odd (numbered). Whoever learns them will enter Paradise. They are: Allah, Al-Wahid (the One), As-Samad (the Self-Sufficient Master who all creatures need, He neither eats nor drinks), Al-Awwal (the First), Al-Akhir (the Last), Az-Zahir (the Most High), Al-Batin (the Most Near), Al-Khaliq (the Creator), Al-Bari (the Inventor of all things), Al-Musawwir (the Bestower of forms), Al-Malik (the King), Al-Haqq (the Truth), As-Salam (the One free from all defects), Al-Mu'min (the Giver of security), Al-Muhaymin (the Watcher over His creatures), Al-'Aziz (the All-Mighty), Al-Jabbar (the Compeller), Al-Mutakabbir (the Supreme), Ar-Rahman (the Most Gracious), Ar-Rahim (the Most Merciful), Al-Latif (the Most Subtle and Courteous), Al-Khabir (the Aware), As-Sami' (the Hearing), Al-Basir (the Seeing), Al-'Alim (the All-Knowing), Al-'Azim (the Most Great), Al-Barr (the Source of goodness), Al-Muta'al (the Most Exalted), Al-Jalil (the Sublime One), Al-Jamil (the Beautiful), Al-Hayy (the Ever-Living), Al-Qayyum (the One Who sustains and protects all that exists), Al-Qadir (the Able), Al-Qahir (the Irrestible), Al-'Ali (the Exalted), Al-Hakim (the Most Wise), Al-Qarib (the Ever-Near), Al-Mujib (the Responsive), Al-Ghani (the Self-Sufficient), Al-Wahhab (the Bestower), Al-Wadud (the Loving), Ash-Shakur (the Appreciative), Al-Majid (the Most Gentle), Al-Wajid (the Patron), Al-Wali (the Governor), Al-Rashid (the Guide), Al-'Afuw (the Pardoner), Al-Ghafur (the Forgiver), Al-Halim (the Forbearing One), Al-Karim (the Most Generous), At-Tawwab (the Acceptor of Repentance), Ar-Rabb (the Lord and Cherisher), Al-Majid (the Most Glorious), Al-Wali (the Helper), Ash-Shahid (the Witness), Al-Mubin (the Manifest), Al-Burhan (the Proof), Ar-Ra'uf (the Compassionate), Ar-Rahim (the Most Merciful), Al-Mubdi' (the Originator), Al-Mu'id (the Restorer), Al-Ba'ith (the Resurrector), Al-Warith (the Supreme Inheritor), Al-Qawi (the All-Strong), Ash-Shadid (the Severe), Ad-Darr (the One Who harms), An-Nafi' (the One Who benefits), Al-Baqi' (the Everlasting), Al-Waqi (the Protector), Al-Khafid (the Humble), Ar-Rafi' (the Exalter), Al-Qabid (the Retainer), Al-Basit (the Expander), Al-Mu'izz (the Honorer), Al-Mudhill (the Humiliator), Al-Muqsit (the Equitable), Ar-Razzaq (the Providor), Dhul-Quwwah (the Powerful), Al-Matin (the Most Strong), Al-Qa'im (the Firm), Ad-Da'im (the Eternal), Al-Hafiz (the Guardian), Al-Wakil (the Trustee), Al-Fatir (the Originator of creation), As-Sami' (the Hearer), Al-Mu'ti (the Giver), Al-Muhyi (the Giver of life), Al-Mumit (the Giver of death), Al-Mani' (the Withholder), Al-Jami' (the Gatherer), Al-Hadi (the Guide), Al-Kafi (the Sufficient), Al-Abad (the Eternal), Al-'Alim (the Knower), As-Sadiq (the Truthful), An-Nur (the Light), Al-Munir (the Giver of light), At-Tamm (the Perfect), Al-Qadim (the Earlier), Al-Witr (the One), Al-Ahad (the Lone), As-Samad [(the Self-sufficient Master, Who all creatures need, (He neither eats no drinks)]. He begets not, nor was He begotten. And there is none co-equal or comparable unto him."(One of the narrators) Zuhair said: We heard from more than one of the scholars that the first of these (names) should begin after saying: La ilaha illallahu wahdahu la sharika lahu, lahul-mulku wa lahul-hamdu, bi yadihil-khair wa Huwa 'ala kulli shay-in Qadir, la ilaha illallahu lahul-asma'ul-husna [None has the right to be worshipped but Allah, with no partner or associate. His is the dominion and all praise is His. In His Hand is (all) goodness, and He is Able to do all things, none has the right to be worshipped but Allah, and His are the (Most) Beautiful Names].

God’s messenger remained in Medina nine years, during which he had not performed the hajj, then made a public announcement in the tenth year to the effect that God’s messenger was about to perform the hajj. Large numbers came to Medina, and we went out with him. When we reached Dhul Hulaifa, Asma’ daughter of ‘Umais, gave birth to Muhammad b. Abu Bakr and sent to God’s messenger asking what she was to do. He replied, “Bathe, bandage your private parts with a cloth, and put on the ihram.” God’s messenger then prayed in the mosque, and after he had mounted al-Qaswa' and his she-camel stood erect with him on its back at al-Baida’, he raised his voice declaring God’s unity and saying, “Labbaik, O God, labbaik labbaik; Thou hast no partner; labbaik; praise and grace are Thine and the dominion; Thou hast no partner.” Jabir said : We did not express our intention of performing anything but the hajj, being unaware of the ‘umra [at that season], but when we came with him to the House he touched the corner and made seven circuits, running three of them and walking four. Then going forward to the station of Abraham, he recited, “And take the station of Abraham as a place of prayer.” (Qur’an 2:125)He then prayed two 'rak'as, having the station between him and the House. A version says that he recited in the two rak'as,. “Say, He is God, One,” and, “Say, O infidels.” (Qur’an 112, and 109) He then returned to the corner and touched it, after which he went out by the gate to as-Safa, on coming near to which he recited. “As-Safa and al-Marwa are among the signs appointed by God,” (Qur’an 2:158) adding, “I begin with what God began with.” So he went first to as-Safa, and mounting it till he could see the House, he faced the qibla, declared God's unity, proclaimed His greatness, and said, “There is no god but God alone who has no partner; to Him belongs the dominion, to Him praise is due, and He is omnipotent; there is no god but God alone who alone has fulfilled His promise, helped His servant and routed the confederates." He then made supplication in the course of that, saying such words three times. He next descended and walked towards al-Marwa, and when his feet came down into the bottom of the valley he ran, and when he began to ascend he walked till he reached al-Marwa. There he did as he had done at as-Safa, and when he came to al-Marwa for the last time, he called out, he being on al-Marwa and the people below him, saying, “If I had known before what I have come to know afterwards regarding my religion, I would not have brought sacrificial animals but made it an 'umra ; so if any of you has no sacrificial animals he,may take off the ihram and treat it as an ‘umra. Suraqa b. Malik b.Jush'um then got up and asked, “Messenger of God, does this apply to the present year, or does it apply for ever?" God’s messenger intertwined his fingers and said twice, “The ‘umra has become incorporated in the hajj," adding “No, but for ever and ever." ‘Ali came from the Yemen with the Prophet’s sacrificial animals and he asked him what he had said when he undertook the duty of performing the hajj. He replied that he had said, “0 God, I am putting on the ihram for the same purpose as Thy messenger has put it on." He said, “I have with me the sacrificial animals, so do not put off the ihram.” [Jabir] said: The total of those sacrificial animals brought by ‘Ali from the Yemen and of those brought by the Prophet was a hundred. Then all the people, except the Prophet and those who had with them sacrificial animals, removed the ihram and clipped their hair. When yaum at-tarwiya (The 8th of Dhul Hijja, the day when pilgrims leave Mecca and go to Mina. The name is commonly explained as meaning that this was the day when the pilgrims provided themselves with a supply of water for the arid journey before them) came they went towards Mina having put on the ihram for the hajj, and the Prophet rode and prayed there the noon, afternoon, sunset, evening and dawn prayers. After that he waited a little till the sun rose, and gave orders for a tent of hair to be set up for him at Namira (A place or a hill near ‘Arafa). God’s messenger then set out, and Quraish did not doubt that he would observe a halt at the sacred site (At al-Muzdalifa, al-Mash'ar al-haram, a hill sacred to the god Ouzah in pre-lslamic times), as Quraish used to do in the pre-Islamic period ; but he passed on till he came to ‘Arafa and found that the tent had been set up for him at Namira. There he dismounted, and when the sun had passed the meridian he ordered al- Qaswa’ to be brought, and when it was saddled for him he went down into the valley and addressed the people, saying, “Your lives and your property must be respected by one another like the sacredness of this day of yours in this month of yours in this town of yours. Everything pertaining to the pre-Islamic period has been put under my feet, and claims for blood-vengeance belonging to the pre-lslamic period have been abolished. The first of those murdered among us whose blood-vengeance I remit is the son of Rabi'a b. al-Harith (Rabi’a was a grandson of 'Abd al-Muttalib. The name of the child who had been killed is variously given as Adam, Tammam and Iyas. Ibn ‘Abd al-Barr says Adam is a mistake, but does not commit himself to either of the other two names) who was suckled among the B. Sa'd and killed by Hudhail. The usury of the pre-Islamic period is abolished, and the first of our usury I abolish is that of ‘Abbas b. ‘Abd al-Muttalib, for it is all abolished. Show fear towards God regarding women, for you have got them under God’s security, and have the right to intercourse with them by God's word. They must not bring into your houses anyone whom you dislike, but if they do that beat them, though not severely. You are responsible for providing them with their food and clothing in a fitting manner. I have left among you something, i.e. God’s Book, by which, if you hold to it, you will never again go astray. You will be asked about me, so what will you say?" They replied, “We testify that you have conveyed and fulfilled the message and given counsel. ” Then raising his forefinger towards the sky and pointing it at the people, he said, “O God, be witness ; O God, be witness,” saying it three times. Bilal then uttered the call to prayer, and the iqama, and he prayed the noon prayer; he then uttered the iqama and he prayed the afternoon prayer, engaging in no prayer between the two. He then mounted his camel and came to the place of standing, making his she-camel al-Qaswa’ turn its back to the rocks and having the path taken by those who went on foot (The Arabic is Habl al-mushat, which is variously explained as above, or as ‘the concourse of horse on foot', or as the name of a place.) in front of him. He faced the qibla and remained standing till sunset when the yellow light had somewhat gone and the disc of the sun had disappeared. He took Usama up behind him and went quickly till he came to al-Muzdalifa, where he prayed the sunset and the evening prayer with one adhan and two iqamas without saying ‘Glory be to God' between them. He then lay down till dawn and prayed the dawn prayer with an adhan and an iqama when the morning light was clear. He then mounted al-Qaswa’ and when he came to the sacred site he faced the qibla, supplicated God, declared His greatness, His uniqueness and His unity, and kept standing till the daylight was very clear. He then went quickly before the sun rose, taking al-Fadl b. ‘Abbas behind him, and came to the valley of Muhassir (Between al-Muzdalifa and Mini). He urged the camel a little and following the middle road which comes out at the greatest jamra (Jamra, originally a pebble, is applied to a heap of stones, of which there are three in the valley of Mina. One of the rites of the hajj is to throw small stones at them), he came to the jamra which is beside the tree. At this he threw seven small pebbles (Literally, 'pebbles that are thrown’: used to indicate small pebbles about the size of a date-stone), saying “God is most great” each time he threw a pebble. He threw them from the bottom of the valley, then went to the place of sacrifice and sacrificed sixty-three victims with his own hand. Then he gave some to ‘Ali who sacrificed the remainder, and he shared with him in his sacrificial animals. After that he ordered that a piece of flesh from each victim should be put in a pot, and when it was cooked the two of them ate some of it and drank some of its broth. Then God’s messenger mounted, and going quickly to the House, prayed the noon prayer in Mecca. He came to the B. ‘Abd al-Muttalib who were supplying water at Zamzam and said, “Draw water, B. ‘Abd al-Muttalib. Were it not that people would take from you the right to draw water, I would draw it along with you.” So they handed him a bucket and he drank from it. Muslim transmitted it.

“We entered upon Jabir bin ‘Abdullah, and when we reached him he asked about the people (i.e., what their names were, etc.). When he reached me, I said: ‘I am Muhammad bin ‘Ali bin Husain.’ He stretched forth his hand towards my head, and undid my top button, then undid my lower button. Then he placed his hand on my chest, and I was a young boy at that time. Then he said: ‘Welcome to you, ask whatever you want.’ So I asked him, and he was blind. The time for prayer came, so he stood up, wrapping himself in a woven cloth. Every time he put it on his shoulders, its edges came up, because it was too small. And his cloak was beside him on a hook. He led us in prayer, then he said: ‘Tell us about the Hajj of the Messenger of Allah (saw).’ He held up his hands, showing nine (fingers), and said: ‘The Messenger of Allah (saw) stayed for nine years without performing Hajj, then it was announced to the people in the tenth year that the Messenger of Allah (saw) was going for Hajj. So many people came to Al-Madinah, all of them seeking to follow the Messenger of Allah (saw) and do what he did. He set out and we set out with him, and we came to Dhul-Hulaifah where Asma’ bint ‘Umais gave birth to Muhammad bin Abu Bakr. She sent word to the Messenger of Allah (saw) asking what she should do. He said: “Perform Ghusl, fasten a cloth around your waist and enter Ihram.” The Messenger of Allah (saw) prayed in the mosque, then he rode Qaswa’ (his she-camel) until, when his she-camel arose with him upon Baida’,’ Jabir said: ‘As far as I could see, I saw people riding and walking in front of him, and I saw the same to his right and left, and behind him, and the Messenger of Allah (saw) was among us and Qur’an was being revealed to him, and he understood its meaning. Whatever he did, we did too. Then he began the Talbiyah of monotheism: “Labbaika Allahumma labbaik, labbaika la sharika laka labbaik. Innal-hamda wan-ni’mata laka wal-mulk, la sharika laka (Here I am, O Allah, here I am. Here I am, You have no partner, here I am. Verily all praise and blessings are Yours, and all sovereignty, You have no partner).” And the people repeated his words. And the Messenger of Allah (saw) approved of that. And the Messenger of Allah (saw) continued to recite the Talbiyah.’ Jabir said: ‘We did not intend (to do) anything but Hajj. We were not aware of ‘Umrah. Then when we reached the House with him, he touched the Corner, and walked quickly (Ramal) for three circuits and walked (normally) for four. Then he stood at the place of Ibrahim and said: “And take you (people) the place of Ibrahim as a place of prayer.” [2:125] He stood with the place between him and the House. My father used to say:* “And I do not think that he mentioned it other than from the Prophet (saw): ‘That he used to recite in those two Rak’ah (at the place of Ibrahim): “Say: ‘O you disbelievers!’” [Al-Kafirun (109)] and “Say: ‘He is Allah, (the) One.’” [Al-Ikhlas (112)] “Then he went back to the House and touched the Corner, then he went out through the gate to Safa. When he drew near to Safa he recited: “Verily, Safa and Marwah are among the symbols of Allah,” [2:158] (and said:) “We will start with that with which Allah started.” So he started with Safa and climbed it until he could see the House, then proclaimed the greatness of Allah (by saying: Allahu Akbar) and said Tahlil (La ilaha illallah) and praised Him (saying Al-Hamdulillah), and he said: “La ilaha illallah wahdahu la sharika lahu, lahul-mulku, wa lahul-hamdu, yuhyi wa yumit wa huwa ‘ala kulli shai’in Qadir. La ilaha illallah wahdahu, La sharika lahu anjaza wa’dahu, wa nasara ‘abduhu, wa hazamal-Ahzaba wahdahu (None has the right to be worshiped but Allah alone, with no partner or associate; His is the dominion, all praise is due to Him, He gives life and causes death and He is able to do all things. None has the right to be worshiped but Allah alone; He has no partner or associate, He fulfilled His promise, granted victory to His slave, and defeated the Confederates alone).” And he said that three times, supplication in between. Then he headed towards Marwah walking normally until, when he started to go downhill, he walked quickly (Ramal) in the bottom of the valley. When he started to go uphill, he walked normally, until he reached Marwah, and he did atop Marwah what he had done atop Safa. At the end of his Sa’y, atop Marwah he said: “If I had known before what I have come to know now, I would not have garlanded the sacrificial animal, and I would have made it ‘Umrah. Whoever among you does not have a sacrificial animal with him, let him exit Ihram and make it ‘Umrah.” So all the people exited Ihram and cut their hair, except the Prophet (saw) and those who had sacrificial animals with them. Suraqah bin Malik bin Ju’shum stood up and said: “O Messenger of Allah! Is this for this year only, or forever and ever?” The Messenger of Allah (saw) interlaced his fingers and said: “‘Umrah is included in Hajj like this,” twice. “No, it is forever and ever.” ‘Ali brought the camels of the Prophet (saw), and he found that Fatimah was one of those who had exited Ihram. She had put on a dyed garment and used kohl. ‘Ali disliked this action on her part, but she said: “My father told me to do this.” ‘Ali used to say in Iraq: “So I went to the Messenger of Allah (saw), feeling upset with Fatimah because of what she had done, to ask the Messenger of Allah (saw) about what she had said that he said, and that I had disliked that. He said: ‘She spoke the truth, she spoke the truth. What did you say when you began your Hajj?’” He said: “I said: ‘O Allah, I begin the Talbiyah for that for which your Messenger (saw) begins the Talbiyah.’ (He said:) ‘And I have the sacrificial animal with me, so do not exit Ihram.’ He said: “The total number of sacrificial animals that ‘Ali had brought from Yemen and that the Prophet (saw) brought from Al-Madinah were one hundred. Then all the people exited Ihram and cut their hair, apart from the Prophet (saw) and those who had sacrificial animals with them. When the day of Tarwiyah came (the 8th of Dhul-Hijjah), they headed for Mina and began the Talbiyah for Hajj. The Messenger of Allah (saw) rode. He prayed Zuhr, ‘Asr, Maghrib, ‘Isha’ and Fajr at Mina. Then he stayed for a short while until the sun rose, and he ordered that a tent of goat hair be pitched for him in Namirah. Then the Messenger of Allah (saw) set out, and the Quraish were certain that he was going to stay at Al-Mash’ar Haram or at Al-Muzdalifah, as Quraish used to do during the Ignorance days. But the Messenger of Allah (saw) continued until he came to ‘Arafat, where he found that the tent had been pitched for him in Namirah, and he stopped there. Then when the sun had passed its zenith, he called for Qaswa’ and she was saddled for him. He rode until he came to the bottom of the valley, and he addressed the people and said: ‘Your blood and your wealth are sacred to you, as sacred as this day of yours, in this month of yours, in this land of yours. Every matter of Ignorance days is abolished, beneath these two feet of mine. The blood feuds of the Ignorance days are abolished, and the first blood feud of Rabi’ah bin Harith, who was nursed among Banu Sa’d and killed by Hudhail. The usuries of Ignorance days are abolished, and the first usury (that I abolish) is our usury, the usury due to ‘Abbas bin ‘Abdul-Muttalib. It is all abolished. Fear Allah with regard to women, for you have taken them as a trust from Allah, and intimacy with them has become permissible to you through Allah’s Word. Your rights over them are that they should not allow anyone whom you dislike to sit on your bedding.** If they do that, then hit them, but in a manner that does not cause injury or leave a mark. Their rights over you are that you should provide for them and clothe them in a reasonable manner. I have left behind you something which, if you adhere to it, you will never go astray: the Book of Allah. You will be asked about me. What will you say?’ They said: ‘We bear witness that you have conveyed (the message) and fulfilled (your duty) and offered sincere advice.’ He gestured with his forefinger towards the sky and then towards the people, (and said:) ‘O Allah, bear witness, O Allah bear witness,’ three times. Then Bilal called the Adhan, then the Iqamah, and he prayed Zuhr. Then he made Iqamah and prayed ‘Asr, and he did not offer any prayer between them. Then the Messenger of Allah (saw) rode until he came to the place of standing, and he made his she-camel face Sakharat*** with the path in the sand in front of him, and he faced the Qiblah, then he remained standing until the sun had set and the afterglow had lessened somewhat, when the disk of the sun disappeared. Then he seated Usamah bin Zaid behind him and the Messenger of Allah (saw) set out. He pulled Qaswa’s reins tight until her head was touching the saddle, and he gestured with his right hand: ‘O people, calmly, calmly!’ Every time he came to a hill, he released the reins a little so that she could climb. Then he came to Muzdalifah where he prayed Maghrib and ‘Isha’ with one Adhan and two Iqamah, offering no prayer in between. Then the Messenger of Allah (saw) lay down until dawn came, and he prayed Fajr, when he saw that morning had come, with one Adhan and one Iqamah. Then he rode Qaswa’ until he came to Al-Mash’ar Al-Haram. He climbed it and praised Allah and proclaimed His greatness and that He is the only One worthy of worship. Then he remained standing until it had become quite bright, then he moved on before the sun rose. He seated Fadl bin ‘Abbas behind him, who was a man with lovely hair, white and handsome. When the Messenger of Allah (saw) moved on, he passed some women riding camels. Fadl started to look at them, so the Messenger of Allah (saw) put his hand on the other side. Fadl turned his face to the other side to look. When he came to Muhassir, he sped up a little. Then he followed the middle road that brings you out to the biggest Pillar, until he reached the Pillar that is by the tree. He threw seven pebbles, saying the Takbir with each throw, pebbles suitable for Khadhf (i.e., the size of a chickpea) throwing from the bottom of the valley. Then he went to the place of slaughter, and slaughtered sixty-three camels with his own hand. Then he handed it over to ‘Ali who slaughtered the rest, and he gave him a share in his sacrificial animal. Then he ordered that a piece from each camel be brought; (the pieces) were put in a pot and cooked, and they (the Prophet (saw) and ‘Ali) ate from the meat and drank from the soup. Then the Messenger of Allah (saw) hastened to the House, and prayed Zuhr in Makkah. He came to Banu ‘Abdul-Muttalib, who were providing water to the pilgrims at Zamzam, and said: ‘Draw me some water, O Banu ‘Abdul-Muttalib. Were it not that the people would overwhelm you, I would have drawn water with you.’ So they drew up a bucket for him and he drank from it.’”

* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”