`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."

The Prophet said, "On the Day of Resurrection the Believers will assemble and say, 'Let us ask somebody to intercede for us with our Lord.' So they will go to Adam and say, 'You are the father of all the people, and Allah created you with His Own Hands, and ordered the angels to prostrate to you, and taught you the names of all things; so please intercede for us with your Lord, so that He may relieve us from this place of ours.' Adam will say, 'I am not fit for this (i.e. intercession for you).' Then Adam will remember his sin and feel ashamed thereof. He will say, 'Go to Noah, for he was the first Apostle, Allah sent to the inhabitants of the earth.' They will go to him and Noah will say, 'I am not fit for this undertaking.' He will remember his appeal to his Lord to do what he had no knowledge of, then he will feel ashamed thereof and will say, 'Go to the Khalil--r-Rahman (i.e. Abraham).' They will go to him and he will say, 'I am not fit for this undertaking. Go to Moses, the slave to whom Allah spoke (directly) and gave him the Torah .' So they will go to him and he will say, 'I am not fit for this undertaking.' and he will mention (his) killing a person who was not a killer, and so he will feel ashamed thereof before his Lord, and he will say, 'Go to Jesus, Allah's Slave, His Apostle and Allah's Word and a Spirit coming from Him. Jesus will say, 'I am not fit for this undertaking, go to Muhammad the Slave of Allah whose past and future sins were forgiven by Allah.' So they will come to me and I will proceed till I will ask my Lord's Permission and I will be given permission. When I see my Lord, I will fall down in Prostration and He will let me remain in that state as long as He wishes and then I will be addressed.' (Muhammad!) Raise your head. Ask, and your request will be granted; say, and your saying will be listened to; intercede, and your intercession will be accepted.' I will raise my head and praise Allah with a saying (i.e. invocation) He will teach me, and then I will intercede. He will fix a limit for me (to intercede for) whom I will admit into Paradise. Then I will come back again to Allah, and when I see my Lord, the same thing will happen to me. And then I will intercede and Allah will fix a limit for me to intercede whom I will let into Paradise, then I will come back for the third time; and then I will come back for the fourth time, and will say, 'None remains in Hell but those whom the Qur'an has imprisoned (in Hell) and who have been destined to an eternal stay in Hell.' " (The compiler) Abu `Abdullah said: 'But those whom the Qur'an has imprisoned in Hell,' refers to the Statement of Allah: "They will dwell therein forever." (16.29)

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.

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."

The Jew could not help shouting at the top of his voice, "O you 'Arabs! Here is your great man whom you have been waiting for!" So all the Muslims rushed to their arms and received Allah's Apostle on the summit of Harra. The Prophet turned with them to the right and alighted at the quarters of Bani 'Amr bin 'Auf, and this was on Monday in the month of Rabi-ul-Awal. Abu Bakr stood up, receiving the people while Allah's Apostle sat down and kept silent. Some of the Ansar who came and had not seen Allah's Apostle before, began greeting Abu Bakr, but when the sunshine fell on Allah's Apostle and Abu Bakr came forward and shaded him with his sheet only then the people came to know Allah's Apostle. Allah's Apostle stayed with Bani 'Amr bin 'Auf for ten nights and established the mosque (mosque of Quba) which was founded on piety. Allah's Apostle prayed in it and then mounted his she-camel and proceeded on, accompanied by the people till his she-camel knelt down at (the place of) the Mosque of Allah's Apostle at Medina. Some Muslims used to pray there in those days, and that place was a yard for drying dates belonging to Suhail and Sahl, the orphan boys who were under the guardianship of 'Asad bin Zurara. When his she-camel knelt down, Allah's Apostle said, "This place, Allah willing, will be our abiding place." Allah's Apostle then called the two boys and told them to suggest a price for that yard so that he might take it as a mosque. The two boys said, "No, but we will give it as a gift, O Allah's Apostle!" Allah's Apostle then built a mosque there. The Prophet himself started carrying unburnt bricks for its building and while doing so, he was saying "This load is better than the load of Khaibar, for it is more pious in the Sight of Allah and purer and better rewardable." He was also saying, "O Allah! The actual reward is the reward in the Hereafter, so bestow Your Mercy on the Ansar and the Emigrants." Thus the Prophet recited (by way of proverb) the poem of some Muslim poet whose name is unknown to me.

(Ibn Shibab said, "In the Hadiths it does not occur that Allah's Apostle

recited a complete poetic verse other than this one.")

Subay' ibn Khalid said: I came to Kufah at the time when Tustar was conquered. I took some mules from it. When I entered the mosque (of Kufah), I found there some people of moderate stature, and among them was a man whom you could recognize when you saw him that he was from the people of Hijaz.

I asked: Who is he? The people frowned at me and said: Do you not recognize him? This is Hudhayfah ibn al-Yaman, the companion of the Messenger of Allah (saws).

Then Hudhayfah said: People used to ask the Messenger of Allah (saws) about good, and I used to ask him about evil. Then the people stared hard at him.

He said: I know the reason why you dislike it. I then asked: Messenger of Allah, will there be evil as there was before, after this good which Allah has bestowed on us?

He replied: Yes. I asked: Wherein does the protection from it lie? He replied: In the sword. I asked: Messenger of Allah, what will then happen?

He replied: If Allah has on Earth a caliph who flays your back and takes your property, obey him, otherwise die holding onto the stump of a tree.

I asked: What will come next? He replied: Then the Antichrist (Dajjal) will come forth accompanied by a river and fire. He who falls into his fire will certainly receive his reward, and have his load taken off him, but he who falls into his river will have his load retained and his reward taken off him.

I then asked: What will come next? He said: The Last Hour will come.

A man of the tribe of Aslam came to the Prophet (saws) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (saws) was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes. He asked: Do you know what fornication is? He replied: Yes. I have done with her unlawfully what a man may lawfully do with his wife.

He then asked: What do you want from what you have said? He said: I want you to purify me. So he gave orders regarding him and he was stoned to death. Then the Prophet (saws) heard one of his companions saying to another: Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog. He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air.

He asked: Where are so and so? They said: Here we are, Messenger of Allah (saws)! He said: Go down and eat some of this ass's corpse. They replied: Messenger of Allah! Who can eat any of this? He said: The dishonour you have just shown to your brother is more serious than eating some of it. By Him in Whose hand my soul is, he is now among the rivers of Paradise and plunging into them.

Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate."

He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189).

"When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233).

"When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property."

Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation."

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

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

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

Malik said, "Allah, the Blessed and Exalted, says, 'O you who trust, do not kill game while you are in ihram. Whoever of you kills game intentionally has to pay a forfeit commensurate with what he has killed in cattle which two men from among you shall judge, a sacrificial animal which reaches the Kaba, or else he makes a kaffara of either feeding poor people or the equivalent of that in fasting, so that he may taste the consequences of what he has done.' " (Sura 5 ayat 95).

Malik said, "Someone who hunts game when he is not in ihram and then kills it while he is in ihram is in the same position as someone who buys game while he is in ihram and then kills it. Allah has forbidden killing it, and so a man who does so has to pay a forfeit for it. The position that we go by in this matter is that a forfeit is assessed for anyone who kills game while he is in ihram."

Yahya said that Malik said, "The best that I have heard about someone who kills game and is assessed for it is that the game which he has killed is assessed and its value in food is estimated and with that food he feeds each poor man a mudd, or fasts a day in place of each mudd. The number of poor men is considered, and if it is ten then he fasts ten days, and if it is twenty he fasts twenty days, according to how many people there are to be fed, even if there are more than sixty."

Malik said, "I have heard that a forfeit is assessed for someone who kills game in the Haram while he is not in ihram in the same way that it is assessed for some one who kills game in the Haram while he is in ihram ."

Malik said, "The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted.)

"The inheritance of a mother from her child, if her son or daughter dies and leaves children or male or female grandchildren through a son, or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son, or two or more siblings, the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth, the mother a third of what remains, (which is a fourth of the capital). The other is if a wife dies and leaves a husband and both parents. The husband gets half, and the mother a third of what remains, (which is a sixth of the capital). That is because Allah, the Blessed, the Exalted, says in His Book, 'His two parents each have a sixth of what he leaves if he has children. If he does not have children, and his parents inherit from him, his mother has a third. If he has siblings, the mother has a sixth.' (Sura 4 ayat 11). The sunna is that the siblings be two or more."

Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham only gave a fixed share to two grandmothers (together).

Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing, is that the maternal grandmother does not inherit anything at all with the mother. Outside of that, she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share." If both the paternal grandmother and maternal grandmother are alive, and the deceased does not have a father or mother outside of them, Malik said,."I have heard that if the maternal grandmother is the nearest of the two of them, then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer, or they are in the same position in relation to the deceased, the sixth is divided equally between them."

Malik said, "None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, gave the grandmother inheritance, and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah, may Allah bless him and grant him peace, that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar ibn al-Khattab, and he said, 'I am not one to add to fixed shares. If there are two of you together, it is between you. If either of you is left alone with it, it is hers.' " Malik said, "We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day."

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

That his father said "We proceeded with the Prophet in the year of Al-Hudaibiya and his companions assumed Ihram but I did not. We were informed that some enemies were at Ghaiqa and so we went on towards them. My companions saw an onager and some of them started laughing among themselves. I looked and saw it. I chased it with my horse and stabbed and caught it. I wanted some help from my companions but they refused. (I slaughtered it all alone). We all ate from it (i.e. its meat). Then I followed Allah's Apostle lest we should be left behind. At times I urged my horse to run at a galloping speed and at other times at an ordinary slow speed. On the way I met a man from the tribe of Bani Ghifar at midnight. I asked him where he had left Allah's Apostle . The man replied that he had left the Prophet at a place called Ta'hun and he had the intention of having the midday rest at As-Suqya. So, I followed Allah's Apostle till I reached him and said, "O Allah's Apostle! I have been sent by my companions who send you their greetings and compliments and ask for Allah's Mercy and Blessings upon you. They were afraid lest the enemy might intervene between you and them; so please wait for them." So he did. Then I said, "O Allah's Apostle! We have hunted an onager and have some of it (i.e. its meat) left over." Allah's Apostle told his companions to eat the meat although all of them were in a state of Ihram."

Some of the companions of the Prophet went on a journey till they reached some of the 'Arab tribes (at night). They asked the latter to treat them as their guests but they refused. The chief of that tribe was then bitten by a snake (or stung by a scorpion) and they tried their best to cure him but in vain. Some of them said (to the others), "Nothing has benefited him, will you go to the people who resided here at night, it may be that some of them might possess something (as treatment)," They went to the group of the companions (of the Prophet ) and said, "Our chief has been bitten by a snake (or stung by a scorpion) and we have tried everything but he has not benefited. Have you got anything (useful)?" One of them replied, "Yes, by Allah! I can recite a Ruqya, but as you have refused to accept us as your guests, I will not recite the Ruqya for you unless you fix for us some wages for it." They agrees to pay them a flock of sheep. One of them then went and recited (Surat-ul-Fatiha): 'All the praises are for the Lord of the Worlds' and puffed over the chief who became all right as if he was released from a chain, and got up and started walking, showing no signs of sickness. They paid them what they agreed to pay. Some of them (i.e. the companions) then suggested to divide their earnings among themselves, but the one who performed the recitation said, "Do not divide them till we go to the Prophet and narrate the whole story to him, and wait for his order." So, they went to Allah's Apostle and narrated the story. Allah's Apostle asked, "How did you come to know that Suratul- Fatiha was recited as Ruqya?" Then he added, "You have done the right thing. Divide (what you have earned) and assign a share for me as well." The Prophet smiled thereupon.

There was a dispute amongst the people of the tribe of Bani `Amr bin `Auf. The Prophet went to them along with some of his companions in order to make peace between them. The time for the prayer became due but the Prophet did not turn up; Bilal pronounced the Adhan (i.e. call) for the prayer but the Prophet did not turn up, so Bilal went to Abu Bakr and said, "The time for the prayer is due and the Prophet i detained, would you lead the people in the prayer?" Abu Bakr replied, "Yes, you wish." So, Bilal pronounced the Iqama of the prayer and Abu Bakr went ahead (to lead the prayer), but the Prophet came walking among the rows till he joined the first row. The people started clapping and they clapped too much, and Abu Bakr used not to look hither and thither in the prayer, but he turned round and saw the Prophet standing behind him. The Prophet beckoned him with his hand to keep on praying where he was. Abu Bakr raised his hand and praised Allah and then retreated till he came in the (first) row, and the Prophet went ahead and lead the people in the prayer. When the Prophet finished the prayer, he turned towards the people and said, "O people! When something happens to you during the prayer, you start clapping. Really clapping is (permissible) for women only. If something happens to one of you in his prayer, he should say: 'Subhan Allah', (Glorified be Allah), for whoever hears him (saying so) will direct his attention towards him. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned to you (to continue)?" Abu Bakr replied, "It did not befit the son of Abu Quhafa to lead the prayer in front of the Prophet.

When Allah favored His Apostle with the properties of Hawazin tribe as Fai (booty), he started giving to some Quarries men even up to one-hundred camels each, whereupon some Ansari men said about Allah's Apostle, "May Allah forgive His Apostle! He is giving to (men of) Quraish and leaves us, in spite of the fact that our swords are still dropping blood (of the infidels)" When Allah's Apostle was informed of what they had said, he called the Ansar and gathered them in a leather tent and did not call anybody else along, with them. When they gathered, Allah's Apostle came to them and said, "What is the statement which, I have been informed, and that which you have said?" The learned ones among them replied," O Allah's Apostle! The wise ones amongst us did not say anything, but the youngsters amongst us said, 'May Allah forgive His Apostle; he gives the Quarish and leaves the Ansar, in spite of the fact that our swords are still dribbling (wet) with the blood of the infidels.' " Allah's Apostle replied, I give to such people as are still close to the period of Infidelity (i.e. they have recently embraced Islam and Faith is still weak in their hearts). Won't you be pleased to see people go with fortune, while you return with Allah's Apostle to your houses? By Allah, what you will return with, is better than what they are returning with." The Ansar replied, "Yes, O Allah's Apostle, we are satisfied' Then the Prophet said to them." You will find after me, others being preferred to you. Then be patient till you meet Allah and meet His Apostle at Al-Kauthar (i.e. a fount in Paradise)." (Anas added:) But we did not remain patient.

While we were with Allah's Apostle who was distributing (i.e. some property), there came Dhu-l- Khuwaisira, a man from the tribe of Bani Tamim and said, "O Allah's Apostle! Do Justice." The Prophet said, "Woe to you! Who could do justice if I did not? I would be a desperate loser if I did not do justice." `Umar said, "O Allah's Apostle! Allow me to chop his head off." The Prophet said, "Leave him, for he has companions who pray and fast in such a way that you will consider your fasting negligible in comparison to theirs. They recite Qur'an but it does not go beyond their throats (i.e. they do not act on it) and they will desert Islam as an arrow goes through a victim's body, so that the hunter, on looking at the arrow's blade, would see nothing on it; he would look at its Risaf and see nothing: he would look at its Na,di and see nothing, and he would look at its Qudhadh ( 1 ) and see nothing (neither meat nor blood), for the arrow has been too fast even for the blood and excretions to smear. The sign by which they will be recognized is that among them there will be a black man, one of whose arms will resemble a woman's breast or a lump of meat moving loosely. Those people will appear when there will be differences amongst the people." I testify that I heard this narration from Allah's Apostle and I testify that `Ali bin Abi Talib fought with such people, and I was in his company. He ordered that the man (described by the Prophet ) should be looked for. The man was brought and I looked at him and noticed that he looked exactly as the Prophet had described him.

Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (saws). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (saws) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (saws) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (saws) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.

(The wife of the Prophet) Whenever Allah's Apostle intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot had fallen. Once he drew lots when he wanted to carry out a Ghazwa, and the lot came upon me. So I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed and thus I was carried in my howdah (on a camel) and dismounted while still in it. We carried on our journey, and when Allah's Apostle had finished his Ghazwa and returned and we approached Medina, Allah's Apostle ordered to proceed at night. When the army was ordered to resume the homeward journey, I got up and walked on till I left the army (camp) behind. When I had answered the call of nature, I went towards my howdah, but behold ! A necklace of mine made of Jaz Azfar (a kind of black bead) was broken and I looked for it and my search for it detained me. The group of people who used to carry me, came and carried my howdah on to the back of my camel on which I was riding, considering that I was therein. At that time women were light in weight and were not fleshy for they used to eat little (food), so those people did not feel the lightness of the howdah while raising it up, and I was still a young lady. They drove away the camel and proceeded. Then I found my necklace after the army had gone. I came to their camp but found nobody therein so I went to the place where I used to stay, thinking that they would miss me and come back in my search. While I was sitting at my place, I felt sleepy and slept. Safwan bin Al-Mu'attil As-Sulami Adh- Dhakw-ani was behind the army. He had started in the last part of the night and reached my stationing place in the morning and saw the figure of a sleeping person. He came to me and recognized me on seeing me for he used to see me before veiling. I got up because of his saying: "Inna Li l-lahi wa inna ilaihi rajiun," which he uttered on recognizing me. I covered my face with my garment, and by Allah, he did not say to me a single word except, "Inna Li l-lahi wa inna ilaihi rajiun," till he made his shecamel kneel down whereupon he trod on its forelegs and I mounted it. Then Safwan set out, leading the she-camel that was carrying me, till we met the army while they were resting during the hot midday. Then whoever was meant for destruction, fell in destruction, and the leader of the Ifk (forged statement) was `Abdullah bin Ubai bin Salul. After this we arrived at Medina and I became ill for one month while the people were spreading the forged statements of the people of the Ifk, and I was not aware of anything thereof. But what aroused my doubt while I was sick, was that I was no longer receiving from Allah's Apostle the same kindness as I used to receive when I fell sick. Allah's Apostle would enter upon me, say a greeting and add, "How is that (lady)?" and then depart. That aroused my suspicion but I was not aware of the propagated evil till I recovered from my ailment. I went out with Um Mistah to answer the call of nature towards Al-Manasi, the place where we used to relieve ourselves, and used not to go out for this purpose except from night to night, and that was before we had lavatories close to our houses. And this habit of ours was similar to the habit of the old 'Arabs (in the deserts or in the tents) concerning the evacuation of the bowels, for we considered it troublesome and harmful to take lavatories in the houses. So I went out with Um Mistah who was the daughter of Abi Ruhm bin `Abd Manaf, and her mother was daughter of Sakhr bin Amir who was the aunt of Abi Bakr As-Siddiq, and her son was Mistah bin Uthatha. When we had finished our affair, Um Mistah and I came back towards my house. Um Mistah stumbled over her robe whereupon she said, "Let Mistah be ruined ! " I said to her, "What a bad word you have said! Do you abuse a man who has taken part in the Battle of Badr?' She said, "O you there! Didn't you hear what he has said?" I said, "And what did he say?" She then told me the statement of the people of the Ifk (forged statement) which added to my ailment. When I returned home, Allah's Apostle came to me, and after greeting, he said, "How is that (lady)?" I said, "Will you allow me to go to my parents?" At that time I intended to be sure of the news through them. Allah's Apostle allowed me and I went to my parents and asked my mother, "O my mother! What are the people talking about?" My mother said, "O my daughter! Take it easy, for by Allah, there is no charming lady who is loved by her husband who has other wives as well, but that those wives would find fault with her." I said, "Subhan Allah! Did the people really talk about that?" That night I kept on weeping the whole night till the morning. My tears never stopped, nor did I sleep, and morning broke while I was still weeping, Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid when the Divine Inspiration delayed, in order to consult them as to the idea of divorcing his wife. Usama bin Zaid told Allah's Apostle of what he knew about the innocence of his wife and of his affection he kept for her. He said, "O Allah's Apostle! She is your wife, and we do not know anything about her except good." But `Ali bin Abi Talib said, "O Allah's Apostle! Allah does not impose restrictions on you; and there are plenty of women other than her. If you however, ask (her) slave girl, she will tell you the truth." `Aisha added: So Allah's Apostle called for Barira and said, "O Barira! Did you ever see anything which might have aroused your suspicion? (as regards Aisha). Barira said, "By Allah Who has sent you with the truth, I have never seen anything regarding Aisha which I would blame her for except that she is a girl of immature age who sometimes sleeps and leaves the dough of her family unprotected so that the domestic goats come and eat it." So Allah's Apostle got up (and addressed) the people an asked for somebody who would take revenge on `Abdullah bin Ubai bin Salul then. Allah's Apostle, while on the pulpit, said, "O Muslims! Who will help me against a man who has hurt me by slandering my family? By Allah, I know nothing except good about my family, and people have blamed a man of whom I know nothing except good, and he never used to visit my family except with me," Sa`d bin Mu`adh Al-Ansari got up and said, "O Allah's Apostle! By Allah, I will relieve you from him. If he be from the tribe of (Bani) Al-Aus, then I will chop his head off; and if he be from our brethren, the Khazraj, then you give us your order and we will obey it." On that, Sa`d bin 'Ubada got up, and he was the chief of the Khazraj, and before this incident he had been a pious man but he was incited by his zeal for his tribe. He said to Sa`d (bin Mu`adh), "By Allah the Eternal, you have told a lie! You shall not kill him and you will never be able to kill him!" On that, Usaid bin Hudair, the cousin of Sa`d (bin Mu`adh) got up and said to Sa`d bin 'Ubada, "You are a liar! By Allah the Eternal, we will surely kill him; and you are a hypocrite defending the hypocrites!" So the two tribes of Al-Aus and Al-Khazraj got excited till they were on the point of fighting with each other while Allah's Apostle was standing on the pulpit. Allah's Apostle continued quietening them till they became silent whereupon he became silent too. On that day I kept on weeping so much that neither did my tears stop, nor could I sleep. In the morning my parents were with me, and I had wept for two nights and a day without sleeping and with incessant tears till they thought that my liver would burst with weeping. While they were with me and I was weeping, an Ansari woman asked permission to see me. I admitted her and she sat and started weeping with me. While I was in that state, Allah's Apostle came to us, greeted, and sat down,. He had never sat with me since the day what was said, was said. He had stayed a month without receiving any Divine Inspiration concerning my case. Allah's Apostle recited the Tashahhud after he had sat down, and then said, "Thereafter, O `Aisha! I have been informed such and-such a thing about you; and if you are innocent, Allah will reveal your innocence, and if you have committed a sin, then ask for Allah's forgiveness and repent to Him, for when a slave confesses his sin and then repents to Allah, Allah accepts his repentance." When Allah's Apostle had finished his speech, my tears ceased completely so that I no longer felt even a drop thereof. Then I said to my father, "Reply to Allah's Apostle on my behalf as to what he said." He said, "By Allah, I do not know what to say to Allah's Apostle." Then I said to my mother, "Reply to Allah's Apostle." She said, "I do not know what to say to Allah's Apostle." Still a young girl as I was and though I had little knowledge of Qur'an, I said, "By Allah, I know that you heard this story (of the Ifk) so much so that it has been planted in your minds and you have believed it. So now, if I tell you that I am innocent, and Allah knows that I am innocent, you will not believe me; and if I confess something, and Allah knows that I am innocent of it, you will believe me. By Allah, I cannot find of you an example except that of Joseph's father: "So (for me) patience is most fitting against that which you assert and it is Allah (Alone) Whose help can be sought. Then I turned away and lay on my bed, and at that time I knew that I was innocent and that Allah would reveal my innocence. But by Allah, I never thought that Allah would sent down about my affair, Divine Inspiration that would be recited (forever), as I considered myself too unworthy to be talked of by Allah with something that was to be recited: but I hoped that Allah's Apostle might have a vision in which Allah would prove my innocence. By Allah, Allah's Apostle had not left his seat and nobody had left the house when the Divine Inspiration came to Allah's Apostle . So there overtook him the same hard condition which used to overtake him (when he was Divinely Inspired) so that the drops of his sweat were running down, like pearls, though it was a (cold) winter day, and that was because of the heaviness of the Statement which was revealed to him. When that state of Allah's Apostle was over, and he was smiling when he was relieved, the first word he said was, "Aisha, Allah has declared your innocence." My mother said to me, "Get up and go to him." I said, "By Allah, I will not go to him and I will not thank anybody but Allah." So Allah revealed: "Verily! They who spread the Slander are a gang among you. Think it not...." (24.11-20). When Allah revealed this to confirm my innocence, Abu Bakr As-Siddiq who used to provide for Mistah bin Uthatha because of the latter's kinship to him and his poverty, said, "By Allah, I will never provide for Mistah anything after what he has said about Aisha". So Allah revealed: (continued...) (continuing... 1): -6.274:... ... "Let not those among you who are good and are wealthy swear not to give (help) to their kinsmen, those in need, and those who have left their homes for Allah's Cause. Let them Pardon and forgive (i.e. do not punish them). Do you not love that should forgive you? Verily Allah is Oft-forgiving. Most Merciful." (24.22) Abu Bakr said, "Yes, by Allah, I wish that Allah should forgive me." So he resumed giving Mistah the aid he used to give him before and said, "By Allah, I will never withold it from him at all." Aisha further said: Allah's Apostle also asked Zainab bint Jahsh about my case. He said, "O Zainab! What have you seen?" She replied, "O Allah's Apostle! I protect my hearing and my sight (by refraining from telling lies). I know nothing but good (about Aisha)." Of all the wives of Allah's Apostle, it was Zainab who aspired to receive from him the same favor as I used to receive, yet, Allah saved her (from telling lies) because of her piety. But her sister, Hamna, kept on fighting on her behalf so she was destroyed as were those who invented and spread the slander.

When Az-Zubair got up during the battle of Al-Jamal, he called me and I stood up beside him, and he said to me, "O my son! Today one will be killed either as an oppressor or as an oppressed one. I see that I will be killed as an oppressed one. My biggest worry is my debts. Do you think, if we pay the debts, there will be something left for us from our money?" Az-Zubair added, "O my son! Sell our property and pay my debts." Az-Zubair then willed one-third of his property and willed one-third of that portion to his sons; namely, `Abdullah's sons. He said, "One-third of the one third. If any property is left after the payment of the debts, one-third (of the one-third of what is left) is to be given to your sons." (Hisham, a sub-narrator added, "Some of the sons of `Abdullah were equal in age to the sons of Az-Zubair e.g. Khubaib and `Abbas. `Abdullah had nine sons and nine daughters at that time." (The narrator `Abdullah added:) My father (Az-Zubair) went on drawing my attention to his debts saying, "If you should fail to pay part of the debts, appeal to my Master to help you." By Allah! I could not understand what he meant till I asked, "O father! Who is your Master?" He replied, "Allah (is my Master)." By Allah, whenever I had any difficulty regarding his debts, I would say, "Master of Az-Zubair! Pay his debts on his behalf ." and Allah would (help me to) pay it. Az-Zubair was martyred leaving no Dinar or Dirham but two pieces of land, one of which was (called) Al-Ghaba, and eleven houses in Medina, two in Basra, one in Kufa and one in Egypt. In fact, the source of the debt which he owed was, that if somebody brought some money to deposit with him. Az-Zubair would say, "No, (i won't keep it as a trust), but I take it as a debt, for I am afraid it might be lost." Az-Zubair was never appointed governor or collector of the tax of Kharaj or any other similar thing, but he collected his wealth (from the war booty he gained) during the holy battles he took part in, in the company of the Prophet, Abu Bakr, `Umar, and `Uthman. (`Abdullah bin Az-Zubair added:) When I counted his debt, it turned to be two million and two hundred thousand. (The sub-narrator added:) Hakim bin Hizam met `Abdullah bin Zubair and asked, "O my nephew! How much is the debt of my brother?" `Abdullah kept it as a secret and said, "One hundred thousand," Hakim said, "By Allah! I don't think your property will cover it." On that `Abdullah said to him, "What if it is two million and two hundred thousand?" Hakim said, "I don't think you can pay it; so if you are unable to pay all of it, I will help you." Az- Zubair had already bought Al-Ghaba for one hundred and seventy thousand. `Abdullah sold it for one million and six hundred thousand. Then he called the people saying, "Any person who has any money claim on Az-Zubair should come to us in Al-Ghaba." There came to him `Abdullah bin Ja`far whom Az-Zubair owed four hundred thousand. He said to `Abdullah bin Az-Zubair, "If you wish I will forgive you the debt." `Abdullah (bin Az-Zubair) said, "No." Then Ibn Ja`far said, "If you wish you can defer the payment if you should defer the payment of any debt." Ibn Az-Zubair said, "No." `Abdullah bin Ja`far said, "Give me a piece of the land." `Abdullah bin AzZubair said (to him), "Yours is the land extending from this place to this place." So, `Abdullah bin Az-Zubair sold some of the property (including the houses) and paid his debt perfectly, retaining four and a half shares from the land (i.e. Al-Ghaba). He then went to Mu'awlya while `Amr bin `Uthman, Al-Mundhir bin Az- Zubair and Ibn Zam`a were sitting with him. Mu'awiya asked, "At what price have you appraised Al- Ghaba?" He said, "One hundred thousand for each share," Muawiya asked, "How many shares have been left?" `Abdullah replied, "Four and a half shares." Al-Mundhir bin Az-Zubair said, "I would like to buy one share for one hundred thousand." `Amr bin `Uthman said, "I would like to buy one share for one hundred thousand." Ibn Zam`a said, "I would like to buy one share for one hundred thousand." Muawiya said, "How much is left now?" `Abdullah replied, "One share and a half." Muawiya said, "I would like to buy it for one hundred and fifty thousand." `Abdullah also sold his part to Muawiya six hundred thousand. When Ibn AzZubair had paid all the debts. Az-Zubair's sons said to him, "Distribute our inheritance among us." He said, "No, by Allah, I will not distribute it among you till I announce in four successive Hajj seasons, 'Would those who have money claims on Az-Zubair come so that we may pay them their debt." So, he started to announce that in public in every Hajj season, and when four years had elapsed, he distributed the inheritance among the inheritors. Az-Zubair had four wives, and after the one-third of his property was excluded (according to the will), each of his wives received one million and two hundred thousand. So the total amount of his property was fifty million and two hundred thousand.

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

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.

When there was said about me what was said which I myself was unaware of, Allah's Apostle got up and addressed the people. He recited Tashah-hud, and after glorifying and praising Allah as He deserved, he said, "To proceed: O people Give me your opinion regarding those people who made a forged story against my wife. By Allah, I do not know anything bad about her. By Allah, they accused her of being with a man about whom I have never known anything bad, and he never entered my house unless I was present there, and whenever I went on a journey, he went with me." Sa`d bin Mu`adh got up and said, "O Allah's Apostle Allow me to chop their heads off". Then a man from the Al-Khazraj (Sa`d bin 'Ubada) to whom the mother of (the poet) Hassan bin Thabit was a relative, got up and said (to Sa`d bin Mu`adh), "You have told a lie! By Allah, if those persons were from the Aus Tribe, you would not like to chop their heads off." It was probable that some evil would take place between the Aus and the Khazraj in the mosque, and I was unaware of all that. In the evening of that day, I went out for some of my needs (i.e. to relieve myself), and Um Mistah was accompanying me. On our return, Um Mistah stumbled and said, "Let Mistah. be ruined" I said to her, "O mother Why do you abuse your Son" On that Um Mistah became silent for a while, and stumbling again, she said, "Let Mistah be ruined" I said to her, "Why do you abuse your son?" She stumbled for the third time and said, "Let Mistah be ruined" whereupon I rebuked her for that. She said, "By Allah, I do not abuse him except because of you." I asked her, "Concerning what of my affairs?" So she disclosed the whole story to me. I said, "Has this really happened?" She replied, "Yes, by Allah." I returned to my house, astonished (and distressed) that I did not know for what purpose I had gone out. Then I became sick (fever) and said to Allah's Apostle "Send me to my father's house." So he sent a slave with me, and when I entered the house, I found Um Rum-an (my mother) downstairs while (my father) Abu Bakr was reciting something upstairs. My mother asked, "What has brought you, O (my) daughter?" I informed her and mentioned to her the whole story, but she did not feel it as I did. She said, "O my daughter! Take it easy, for there is never a charming lady loved by her husband who has other wives but that they feel jealous of her and speak badly of her." But she did not feel the news as I did. I asked (her), "Does my father know about it?" She said, "yes" I asked, Does Allah's Apostle know about it too?" She said, "Yes, Allah's Apostle does too." So the tears filled my eyes and I wept. Abu Bakr, who was reading upstairs heard my voice and came down and asked my mother, "What is the matter with her? " She said, "She has heard what has been said about her (as regards the story of Al-lfk)." On that Abu- Bakr wept and said, "I beseech you by Allah, O my daughter, to go back to your home". I went back to my home and Allah's Apostle had come to my house and asked my maid-servant about me (my character). The maid-servant said, "By Allah, I do not know of any defect in her character except that she sleeps and let the sheep enter (her house) and eat her dough." On that, some of the Prophet's companions spoke harshly to her and said, "Tell the truth to Allah's Apostle." Finally they told her of the affair (of the slander). She said, "Subhan Allah! By Allah, I know nothing against her except what goldsmith knows about a piece of pure gold." Then this news reached the man who was accused, and he said, "Subhan Allah! By Allah, I have never uncovered the private parts of any woman." Later that man was martyred in Allah's Cause. Next morning my parents came to pay me a visit and they stayed with me till Allah's Apostle came to me after he had offered the `Asr prayer. He came to me while my parents were sitting around me on my right and my left. He praised and glorified Allah and said, "Now then O `Aisha! If you have committed a bad deed or you have wronged (yourself), then repent to Allah as Allah accepts the repentance from his slaves." An Al-Ansari woman had come and was sitting near the gate. I said (to the Prophet). "Isn't it improper that you speak in such a way in the presence of this lady? Allah's Apostle then gave a piece of advice and I turned to my father and requested him to answer him (on my behalf). My father said, "What should I say?" Then I turned to my mother and asked her to answer him. She said, "What should I say?" When my parents did not give a reply to the Prophet, I said, "I testify that none has the right to be worshipped except Allah, and that Muhammad is His Apostle!" And after praising and glorifying Allah as He deserves, I said, "Now then, by Allah, if I were to tell you that I have not done (this evil action) and Allah is a witness that I am telling the truth, that would not be of any use to me on your part because you (people) have spoken about it and your hearts have absorbed it; and if I were to tell you that I have done this sin and Allah knows that I have not done it, then you will say, 'She has confessed herself guilty." By Allah, 'I do not see a suitable example for me and you but the example of (I tried to remember Jacob's name but couldn't) Joseph's father when he said; So (for me) "Patience is most fitting against that which you assert. It is Allah (alone) whose help can be sought.' At that very hour the Divine Inspiration came to Allah's Apostle and we remained silent. Then the Inspiration was over and I noticed the signs of happiness on his face while he was removing (the sweat) from his forehead and saying, "Have the good tidings O ' "Aisha! Allah has revealed your innocence." At that time I was extremely angry. My parents said to me. "Get up and go to him." I said, "By Allah, I will not do it and will not thank him nor thank either of you, but I will thank Allah Who has revealed my innocence. You have heard this story but neither did not deny it nor change it (to defend me)," (Aisha used to say:) "But as regards Zainab bint Jahsh, (the Prophet's wife), Allah protected her because of her piety, so she did not say anything except good (about me), but her sister, Hamna, was ruined among those who were ruined. Those who used to speak evil about me were Mistah, Hassan bin Thabit, and the hypocrite, `Abdullah bin Ubai, who used to spread that news and tempt others to speak of it, and it was he and Hamna who had the greater share therein. Abu Bakr took an oath that he would never do any favor to Mistah at all. Then Allah revealed the Divine Verse: "Let not those among you who are good and wealthy (i.e. Abu Bakr) swear not to give (any sort of help) to their kinsmen, and those in need, (i.e. Mistah) ...Do you not love that Allah should forgive you? And Allah is Oft-Forgiving, Most Merciful." (24.22) On that, Abu Bakr said, "Yes, by Allah, O our Lord! We wish that You should forgive us." So Abu Bakr again started giving to Mistah the expenditure which he used to give him before.

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."

The people passed by the Messenger of Allah (saws) with a Jew who was blackened with charcoal and who was being flogged.

He called them and said: Is this the prescribed punishment for a fornicator?

They said: Yes. He then called on a learned man among them and asked him: I adjure you by Allah Who revealed the Torah to Moses, do you find this prescribed punishment for a fornicator in your divine Book?

He said: By Allah, no. If you had not adjured me about this, I should not have informed you. We find stoning to be prescribed punishment for a fornicator in our Divine Book. But it (fornication) became frequent in our people of rank; so when we seized a person of rank, we left him alone, and when we seized a weak person, we inflicted the prescribed punishment on him. So we said: Come, let us agree on something which may be enforced equally on people of higher and lower rank. So we agreed to blacken the face of a criminal with charcoal, and flog him, and we abandoned stoning.

The Messenger of Allah (saws) then said: O Allah, I am the first to give life to Thy command which they have killed. So he commanded regarding him (the Jew) and he was stoned to death.

Allah Most High then sent down: "O Apostle, let not those who race one another into unbelief, make thee grieve..." up to "They say: If you are given this, take it, but if not, beware!...." up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) unbelievers," about Jews, up to "And if any do fail to judge by (the right of) what Allah hath revealed, they are no better than) wrong-doers" about Jews: and revealed the verses up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) those who rebel." About this he said: This whole verse was revealed about the infidels.

It was narrated from Qais or Ibn Qais, a man from Ju`fi, from `Umar bin al-Khattab and he mentioned a Hadeeth similar to that of Affan.

Yahya related to me from Malik from Ibn Shihab from Malik ibn Aus ibn al-Hadathan an-Nasri that one time he asked to exchange 100 dinars. He said, "Talha ibn Ubaydullah called me over and we made a mutual agreement that he would make an exchange for me. He took the gold and turned it about in his hand, and then said, 'I can't do it until my treasurer brings the money to me from al-Ghaba.' Umar ibn al- Khattab was listening and Umar said, 'By Allah! Do not leave him until you have taken it from him!' Then he said, 'The Messenger of Allah, may Allah bless him and grant him peace, said, "Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand." "'

Malik said, "When a man buys dirhams with dinars and then finds a bad dirham among them and wants to return it, the exchange of the dinars breaks down, and he returns the silver and takes back his dinars. The explanation of what is disapproved of in that is that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Gold for silver is usury except hand to hand.' and Umar ibn al-Khattab said, 'If someone asks you to wait to be paid until he has gone back to his house, do not leave him.' When he returns a dirham to him from the exchange after he has left him, it is like a debt or something deferred. For that reason, it is disapproved of, and the exchange collapses. Umar ibn al-Khattab wanted that all gold, silver and food should not be sold for goods to be paid later. He did not want there to be any delay or deferment in any such sale, whether it involved one commodity or different sorts of commodities."

Yahya related to me from Malik from Abu Layla ibn Abdullah ibn Abd ar-Rahman ibn Sahl from Sahl ibn Abi Hathma that some of the great men of his people informed him that Abdullah ibn Sahl and Muhayyisa went out to Khaybar because extreme poverty had overtaken them. Muhayyisa returned and said that Abdullah ibn Sahl had been killed and thrown in a shallow well or spring. The jews came and he said, "By Allah! You have killed him." They said, "By Allah! We have not killed him!" Then he made for his people and mentioned that to them. Then he, his brother Huwayyisa, who was older than him, and Abd ar-Rahman, set out. Muhayyisa began to speak, as he had been at Khaybar. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "The greater first, the greater first," meaning in age. So Huwayyisa spoke and then Muhayyisa spoke. The Messenger of Allah, may Allah bless him and grant him peace, said, "Either they pay your companion's blood-money or we will declare war against them." The Messenger of Allah, may Allah bless him and grant him peace, wrote that to them and they wrote, "By Allah, we did not kill him!" The Messenger of Allah, may Allah bless him and grant him peace, said to Huwayyisa, Muhayyisa, and Abd ar-Rahman, "Do you swear and claim the blood of your companion?" They said, "No." He said, "Shall the jews swear to you?" They said, "But they are not muslims." The Messenger of Allah, may Allah bless him and grant him peace, gave blood-money from his own property, and sent them one hundred camels to their house.

Sahl added, "A red camel among them kicked me."

Uwaimir Al-`Ajlani came to `Asim bin Adi Al-Ansari and asked, "O `Asim! Tell me, if a man sees his wife with another man, should he kill him, whereupon you would kill him in Qisas, or what should he do? O `Asim! Please ask Allah's Apostle about that." `Asim asked Allah's Apostle about that. Allah's Apostle disliked that question and considered it disgraceful. What `Asim heard from Allah's Apostle was hard on him. When he returned to his family, 'Uwaimir came to him and said "O `Asim! What did Allah's Apostle say to you?" `Asim said, "You never bring me any good. Allah's Apostle disliked to hear the problem which I asked him about." 'Uwaimir said, "By Allah, I will not leave the matter till I ask him about it." So 'Uwaimir proceeded till he came to Allah's Apostle who was in the midst of the people and said, "O Allah's Apostle! If a man finds with his wife another man, should he kill him, whereupon you would kill him (in Qisas): or otherwise, what should he do?" Allah's Apostle said, "Allah has revealed something concerning the question of you and your wife. Go and bring her here." So they both carried out the judgment of Lian, while I was present among the people (as a witness). When both of them had finished, 'Uwaimir said, "O Allah's Apostle! If I should now keep my wife with me, then I have told a lie". Then he pronounced his decision to divorce her thrice before Allah's Apostle ordered him to do so. (Ibn Shihab said, "That was the tradition for all those who are involved in a case of Lian."

'Uwaimir Al-Ajlani came to `Asim bin Ad Al-Ansari and said to him, "O `Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, O `Asim, ask about this on my behalf." `Asim asked Allah's Apostle about it. Allah's Apostle, disliked that question and considered it disgraceful. What `Asim heard from Allah's Apostle was hard on him. When `Asim returned to his family, 'Uwaimir came to him and said, "O `Asim! What did Allah's Apostle. say to you?" `Asim said to 'Uwaimir, "You never bring me any good. Allah's Apostle disliked the problem which I asked him about." 'Uwaimir said, "By Allah, I will not give up this matter until I ask the Prophet about it." So 'Uwaimir proceeded till he came to Allah's Apostle in the midst of people, and said, "O Allah's Apostle! If a man sees another man with his wife, would he kill him, whereupon you would kill him, or what should he do?" Allah's Apostle said, "Allah has revealed some decree as regards you and your wives case. Go and bring her." So they carried out the process of Lian while I was present among the people with Allah's Apostle. When they had finished their Lian, 'Uwaimir said, "O Allah's Apostle! If I should now keep her with me as a wife, then I have told a lie." So he divorced her thrice before Allah's Apostle ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Lian.)

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

That the Prophet (saws) said: "Gold for gold, kind for kind; silver for silver, kind for kind; dried-dates for dried-dates, kind for kind; wheat for wheat, kind for kind; salt for salt, kind for kind; and barley for barley, kind for kind. Whoever increases or seeks an increase, then he dealt with Riba. Sell gold for silver as you wish, hand to hand; and sell wheat for dried-dates as you wish, hand to hand; and sell barley for dried-dates as you wish, hand to hand."

[He said:] There are narrations on this topic from Abu Sa'eed, Abu Hurairah, Bilal, And Anas.

[Abu 'Eisa said:] The Hadith of 'Ubadah bin As-Samit is Hasan Sahih. Some of them reported this Hadith from Khalid, with this chain, and he said: "Sell wheat for barley as you wish, hand to hand."

Some of them reported this Hadith from Khalid, from Abu Qilabah, from Ash'ath, from 'Ubadah from the Prophet (saws). In that Hadith, they added that Khalid said: "Abu Qilabah said: "Sell wheat for barley as you wish, hand to hand."

This Hadith is acted upon according to the people of knowledge, they do not think that one may sell wheat for wheat except when it is the same kind for the same kind, and (the same for) barely in exchange for barley, kind for kind. When the items are themselves different, then there is no harm in one being more than the other if it is hand to hand. This is saying of most of the people of knowledge among the Companions of the Prophet (saws) and others. It is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq. Ash-Shafi'i said: "And the proof for that is the saying of the Prophet (saws): 'Sell barley for wheat as you wish, hand to hand.'"

[Abu 'Eisa said:] Some of the people of knowledge considered it disliked that wheat be sold for barely unless it was kind for kind. This is the view of Malik bin Anas, but the first view is more correct.

When `Abdullah (my father) died, he left behind children and debts. I asked the lenders to put down some of his debt, but they refused, so I went to the Prophet to intercede with them, yet they refused. The Prophet said (to me), "Classify your dates into their different kinds: 'Adha bin Zaid, Lean and 'Ajwa, each kind alone and call all the creditors and wait till I come to you." I did so and the Prophet came and sat beside the dates and started measuring to each his due till he paid them fully, and the amount of dates remained as it was before, as if he had not touched them. (On another occasion) I took part in one of Ghazawat among with the Prophet and I was riding one of our camels. The camel got tired and was lagging behind the others. The Prophet hit it on its back. He said, "Sell it to me, and you have the right to ride it till Medina.'' When we approached Medina, I took the permission from the Prophet to go to my house, saying, "O Allah's Apostle! I have newly married." The Prophet asked, "Have you married a virgin or a matron (a widow or divorcee)?" I said, "I have married a matron, as `Abdullah (my father) died and left behind daughters small in their ages, so I married a matron who may teach them and bring them up with good manners." The Prophet then said (to me), "Go to your family." When I went there and told my maternal uncle about the selling of the camel, he admonished me for it. On that I told him about its slowness and exhaustion and about what the Prophet had done to the camel and his hitting it. When the Prophet arrived, I went to him with the camel in the morning and he gave me its price, the camel itself, and my share from the war booty as he gave the other people.

My uncle Anas bin An-Nadr was absent from the Battle of Badr. He said, "O Allah's Apostle! I was absent from the first battle you fought against the pagans. (By Allah) if Allah gives me a chance to fight the pagans, no doubt. Allah will see how (bravely) I will fight." On the day of Uhud when the Muslims turned their backs and fled, he said, "O Allah! I apologize to You for what these (i.e. his companions) have done, and I denounce what these (i.e. the pagans) have done." Then he advanced and Sa`d bin Mu`adh met him. He said "O Sa`d bin Mu`adh ! By the Lord of An-Nadr, Paradise! I am smelling its aroma coming from before (the mountain of) Uhud," Later on Sa`d said, "O Allah's Apostle! I cannot achieve or do what he (i.e. Anas bin An-Nadr) did. We found more than eighty wounds by swords and arrows on his body. We found him dead and his body was mutilated so badly that none except his sister could recognize him by his fingers." We used to think that the following Verse was revealed concerning him and other men of his sort: "Among the believers are men who have been true to their covenant with Allah.........." (33.23) His sister Ar-Rubbaya' broke a front tooth of a woman and Allah's Apostle ordered for retaliation. On that Anas (bin An-Nadr) said, "O Allah's Apostle! By Him Who has sent you with the Truth, my sister's tooth shall not be broken." Then the opponents of Anas's sister accepted the compensation and gave up the claim of retaliation. So Allah's Apostle said, "There are some people amongst Allah's slaves whose oaths are fulfilled by Allah when they take them."

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good for someone to make a heap of food, knowing its measure and then to sell it as if it had not been measured precisely, concealing its measure from the buyer. If the buyer wants to return that food to the seller, he can, because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows, and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller, he can return t. The people of knowledge still forbid such a transaction."

Malik said, "There is no good in selling one round loaf of bread for two round loaves, nor large for small when some of them are bigger than others. When care is taken that they are like for like, there is no harm in the sale, even if they are not weighed."

Malik said, "It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller, 'Two sa of kabis dates for three sa of ajwa dates is not good,' and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it."

Malik said, "Flour for wheat is like for like, and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat, like for like. Had he put half a mudd of flour and half of wheat, and then sold that for a mudd of wheat, it would be like what we described, and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."

Malik said, "The generally agreed on way of doing things among us is that full siblings do not inherit anything with sons nor anything with grandsons through a son, nor anything with the father. They do inherit with the daughters and the granddaughters through a son when the deceased does not leave a paternal grandfather. Any property that is left over, they are in it as paternal relations. One begins with the people who are allotted fixed shares. They are given their shares. If there is anything left over after that, it belongs to the full siblings. They divide it between themselves according to the Book of Allah, whether they are male or female. The male has a portion of two females. If there is nothing left over, they have nothing.

"If the deceased does not leave a father or a paternal grandfather or children or male or female grandchildren through a son, a single full sister gets a half. If there are two or more full sisters, they get two thirds. If there is a brother with them, sisters, whether one or more, do not have a fixed share. One begins with whoever shares in the fixed shares. They are given their shares. Whatever remains after that goes to the full siblings. The male has the portion of two females except in one case, in which the full siblings have nothing. They share in this case the third of the half-siblings by the mother. That case is when a woman dies and leaves a husband, a mother, half- siblings by her mother, and full siblings. The husband has a half. The mother has one sixth. The half-siblings by the mother have a third. Nothing is left after that, so the full siblings share in this case with the half-siblings by the mother in their third. The male has the portion of two females in as much as all of them are siblings of the deceased by the mother. They inherit by the mother. That is because Allah, the Blessed, the Exalted, said in His Book, 'If a man or a woman has no direct heir and he has a brother or a sister, each one of the two gets a sixth. If there are more than that, they share equally in the third. ' (Sura 4 ayat 12) . They therefore share in this case because all of them are siblings of the deceased by the mother."

I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).

Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.

He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.

(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.

I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.

When `Abdullah bin Salam heard the arrival of the Prophet at Medina, he came to him and said, "I am going to ask you about three things which nobody knows except a prophet: What is the first portent of the Hour? What will be the first meal taken by the people of Paradise? Why does a child resemble its father, and why does it resemble its maternal uncle" Allah's Apostle said, "Gabriel has just now told me of their answers." `Abdullah said, "He (i.e. Gabriel), from amongst all the angels, is the enemy of the Jews." Allah's Apostle said, "The first portent of the Hour will be a fire that will bring together the people from the east to the west; the first meal of the people of Paradise will be Extra-lobe (caudate lobe) of fish-liver. As for the resemblance of the child to its parents: If a man has sexual intercourse with his wife and gets discharge first, the child will resemble the father, and if the woman gets discharge first, the child will resemble her." On that `Abdullah bin Salam said, "I testify that you are the Apostle of Allah." `Abdullah bin Salam further said, "O Allah's Apostle! The Jews are liars, and if they should come to know about my conversion to Islam before you ask them (about me), they would tell a lie about me." The Jews came to Allah's Apostle and `Abdullah went inside the house. Allah's Apostle asked (the Jews), "What kind of man is `Abdullah bin Salam amongst you?" They replied, "He is the most learned person amongst us, and the best amongst us, and the son of the best amongst us." Allah's Apostle said, "What do you think if he embraces Islam (will you do as he does)?" The Jews said, "May Allah save him from it." Then `Abdullah bin Salam came out in front of them saying, "I testify that None has the right to be worshipped but Allah and that Muhammad is the Apostle of Allah." Thereupon they said, "He is the evilest among us, and the son of the evilest amongst us," and continued talking badly of him.

`Abdullah bin Salam heard the news of the arrival of Allah's Apostle (at Medina) while he was on a farm collecting its fruits. So he came to the Prophet and said, "I will ask you about three things which nobody knows unless he be a prophet. Firstly, what is the first portent of the Hour? What is the first meal of the people of Paradise? And what makes a baby look like its father or mother?'. The Prophet said, "Just now Gabriel has informed me about that." `Abdullah said, "Gabriel?" The Prophet said, "Yes." `Abdullah said, "He, among the angels is the enemy of the Jews." On that the Prophet recited this Holy Verse:-- "Whoever is an enemy to Gabriel (let him die in his fury!) for he has brought it (i.e. Qur'an) down to your heart by Allah's permission." (2.97) Then he added, "As for the first portent of the Hour, it will be a fire that will collect the people from the East to West. And as for the first meal of the people of Paradise, it will be the caudite (i.e. extra) lobe of the fish liver. And if a man's discharge proceeded that of the woman, then the child resembles the father, and if the woman's discharge proceeded that of the man, then the child resembles the mother." On hearing that, `Abdullah said, "I testify that None has the right to be worshipped but Allah, and that you are the Apostle of Allah, O, Allah's Apostle; the Jews are liars, and if they should come to know that I have embraced Islam, they would accuse me of being a liar." In the meantime some Jews came (to the Prophet) and he asked them, "What is `Abdullah's status amongst you?" They replied, "He is the best amongst us, and he is our chief and the son of our chief." The Prophet said, "What would you think if `Abdullah bin Salam embraced Islam?" They replied, "May Allah protect him from this!" Then `Abdullah came out and said, "I testify that None has the right to be worshipped but Allah and that Muhammad is the Apostle of Allah." The Jews then said, "Abdullah is the worst of us and the son of the worst of us," and disparaged him. On that `Abdullah said, "O Allah's Apostle! This is what I was afraid of!"

(the wife of the Prophet) The commencement (of the Divine Inspiration) to Allah's Apostle was in the form of true dreams in his sleep, for he never had a dream but it turned out to be true and clear as the bright daylight. Then he began to like seclusions, so he used to go in seclusion in the cave of Hira where he used to worship Allah continuously for many nights before going back to his family to take the necessary provision (of food) for the stay. He come back to (his wife) Khadija again to take his provision (of food) likewise, till one day he received the Guidance while he was in the cave of Hira. An Angel came to him and asked him to read. Allah's Apostle replied, "I do not know how to read." The Prophet added, "Then the Angel held me (forcibly) and pressed me so hard that I felt distressed. Then he released me and again asked me to read, and I replied, 'I do not know how to read.' Thereupon he held me again and pressed me for the second time till I felt distressed. He then released me and asked me to read, but again I replied. 'I do not know how to read.' Thereupon he held me for the third time and pressed me till I got distressed, and then he released me and said, 'Read, in the Name of your Lord Who has created (all that exists), has created man out of a clot, Read! And your Lord is the Most Generous. Who has taught (the writing) by the pen, has taught man that which he knew not." (96.1-5). Then Allah's Apostle returned with that experience; and the muscles between his neck and shoulders were trembling till he came upon Khadija (his wife) and said, "Cover me!" They covered him, and when the state of fear was over, he said to Khadija, "O Khadija! What is wrong with me? I was afraid that something bad might happen to me." Then he told her the story. Khadija said, "Nay! But receive the good tidings! By Allah, Allah will never disgrace you, for by Allah, you keep good relations with your Kith and kin, speak the truth, help the poor and the destitute, entertain your guests generously and assist those who are stricken with calamities." Khadija then took him to Waraqa bin Naufil, the son of Khadija's paternal uncle. Waraqa had been converted to Christianity in the Pre-lslamic Period and used to write Arabic and write of the Gospel in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said (to Waraqa), "O my cousin! Listen to what your nephew is going to say." Waraqa said, "O my nephew! What have you seen?" The Prophet then described whatever he had seen. Waraqa said, "This is the same Angel (Gabriel) who was sent to Moses. I wish I were young." He added some other statement. Allah's Apostle asked, "Will these people drive me out?" Waraqa said, "Yes, for nobody brought the like of what you have brought, but was treated with hostility. If I were to remain alive till your day (when you start preaching). then I would support you strongly." But a short while later Waraqa died and the Divine Inspiration was paused (stopped) for a while so that Allah's Apostle was very much grieved.