That they visited Abu Sa`id Al-Khudri and asked him about Al-Harauriyya, a special unorthodox religious sect, "Did you hear the Prophet saying anything about them?" Abu Sa`id said, "I do not know what Al-Harauriyya is, but I heard the Prophet saying, "There will appear in this nation---- he did not say: From this nation ---- a group of people so pious apparently that you will consider your prayers inferior to their prayers, but they will recite the Qur'an, the teachings of which will not go beyond their throats and will go out of their religion as an arrow darts through the game, whereupon the archer may look at his arrow, its Nasl at its Risaf and its Fuqa to see whether it is blood-stained or not (i.e. they will have not even a trace of Islam in them).

When (the dead body of) `Umar was put on his deathbed, the people gathered around him and invoked (Allah) and prayed for him before the body was taken away, and I was amongst them. Suddenly I felt somebody taking hold of my shoulder and found out that he was `Ali bin Abi Talib. `Ali invoked Allah's Mercy for `Umar and said, "O `Umar! You have not left behind you a person whose deeds I like to imitate and meet Allah with more than I like your deeds. By Allah! I always thought that Allah would keep you with your two companions, for very often I used to hear the Prophet saying, 'I, Abu Bakr and `Umar went (somewhere); I, Abu Bakr and `Umar entered (somewhere); and I, Abu Bakr and `Umar went out."'

Yahya related to me from Malik from Nafic that Saffiyya bint Abi Ubayd suffered from an eye-complaint while she was in mourning for her husband, Abdullah ibn Umar. She did not apply kohl until her eyes almost had ramas (a dry white secretion in the corners of the eye).

Malik said, "A woman whose husband has died should anoint her eyes with olive oil and sesame oil and the like of that since there is no perfume in it."

Malik said, "A woman in mourning for her husband should not put on any jewellery - rings, anklets, or such- like, neither should she dress in any sort of colourful, striped garment unless it is coarse. She should not wear any cloth dyed with anything except black, and she should only dress her hair with things like lotus-tree leaves which do not dye the hair."

Malik related to me that the generally agreed on way of doing things amongst the community about an accident is that there is no blood-money until the victim is better. If a man's bone, either a hand, or a foot, or another part of his body, is broken accidentally and it heals and becomes sound and returns to its form, there is no blood-money for it. If the limb is impaired or there is a scar on it, there is blood-money for it according to the extent that it is impaired.

Malik said, "If that part of the body has a specific blood-money mentioned by the Prophet, may Allah bless him and grant him peace, it is according to what the Prophet, may Allah bless him and grant him peace, specified. If it is part of what does not have a specific blood-money for it mentioned by the Prophet, may Allah bless him and grant him peace, and if there is no previous sunna about it or specific blood-money, one uses ijtihad about it."

Malik said, "There is no blood-money for an accidental bodily injury when the wound heals and returns to its form. If there is any scar or mark in that, ijtihad is used about it except for the belly-wound. There is a third of the blood-money of a life for it. "

Malik said, "There is no blood-money for the wound which splinters a bone in the body, and it is like the wound to the body which lays bare the bone."

Malik said, "The generally agreed on way of doing things in our community is that when the doctor performs a circumcision and cuts off the glans, he must pay the full blood-money. That is because it is an accident which the tribe is responsible for, and the full blood money is payable for all that in which a doctor errs or exceeds, when it is not intentional."

Abu 'Ali said: Did you hear Abu Dawud ? He said: Some of my companions reminded me of some words that were omitted from writing on the paper.

The Prophet said, "A group of Israelites were lost. Nobody knows what they did. But I do not see them except that they were cursed and changed into rats, for if you put the milk of a she-camel in front of a rat, it will not drink it, but if the milk of a sheep is put in front of it, it will drink it." I told this to Ka`b who asked me, "Did you hear it from the Prophet ?" I said, "Yes." Ka`b asked me the same question several times.; I said to Ka`b. "Do I read the Torah? (i.e. I tell you this from the Prophet.)"

A man asked the Prophet about the Hour (i.e. Day of Judgment) saying, "When will the Hour be?" The Prophet said, "What have you prepared for it?" The man said, "Nothing, except that I love Allah and His Apostle." The Prophet said, "You will be with those whom you love." We had never been so glad as we were on hearing that saying of the Prophet (i.e., "You will be with those whom you love.") Therefore, I love the Prophet, Abu Bakr and `Umar, and I hope that I will be with them because of my love for them though my deeds are not similar to theirs.

When Abu Talib was on his death bed, Allah's Apostle came to him and found with him, Abu Jahl and `Abdullah bin Abi Umaiya bin Al-Mughira. Allah's Apostle said, "O uncle! Say: None has the right to be worshipped except Allah, a sentence with which I will defend you before Allah." On that Abu Jahl and `Abdullah bin Abi Umaiya said to Abu Talib, "Will you now leave the religion of `Abdul Muttalib?" Allah's Apostle kept on inviting him to say that sentence while the other two kept on repeating their sentence before him till Abu Talib said as the last thing he said to them, "I am on the religion of `Abdul Muttalib," and refused to say: None has the right to be worshipped except Allah. On that Allah's Apostle said, "By Allah, I will keep on asking Allah's forgiveness for you unless I am forbidden (by Allah) to do so." So Allah revealed:-- 'It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans.' (9.113) And then Allah revealed especially about Abu Talib:--'Verily! You (O, Muhammad) guide not whom you like, but Allah guides whom He will.' (28.56)

The Messenger of Allah (saws) as saying : There is no infection, no evil, omen or serpent, in a hungry belly and no hamah. A nomadic Arab asked: How is it that when camels are in the sand as if they were gazelles and a mangy camel comes among them and it gives them mange ? He replied: Who infected the first one ?

Ma'mar, quoting al-Zuhri said: A man told me that Abu Hurairah narrated to him saying that he heard the Prophet (saws) say: A diseased camel should not be brought with a healthy camel to drink water. He said: The man then consulted him and said: Did you not tell us that Prophet (saws) had said: There is no infection, no serpent in a hungry belly and no hamah? He replied: I did not transmit it to you. Al-Zuhri said: Abu Salamah said: He had narrated it and I did not hear that Abu Hurairah had ever forgotten any tradition except this one.

Abu Hurairah said: O Allah, Thou art its Lord. Thou didst create it, Thou didst guide it to Islam, Thou hast taken its spirit, and Thou knowest best its inner nature and outer aspect. We have come as intercessors, so forgive him.

Abu Dawud said: Shu'bah made a mistake in mentioning the name of 'Ali b. Shammakh. He said in his version: 'Uthman b. Shammas.

Abu Dawud said: I heard Ahmad b. Ibrahim al-Mawsili say that Ahmad b. Hanbal said: In every meeting which I attended with Hammad b. Zaid he forbade to narrate this traditions from 'Abd al-Warith and Ja'far b. Sulaiman.

While I was present in one of the gatherings of the Ansar, Abu Musa came as if he was scared, and said, "I asked permission to enter upon `Umar three times, but I was not given the permission, so I returned." (When `Umar came to know about it) he said to Abu Musa, "Why did you not enter?'. Abu Musa replied, "I asked permission three times, and I was not given it, so I returned, for Allah's Apostle said, "If anyone of you asks the permission to enter thrice, and the permission is not given, then he should return.' " `Umar said, "By Allah! We will ask Abu Musa to bring witnesses for it." (Abu Musa went to a gathering of the Ansar and said). "Did anyone of you hear this from the Prophet ?" Ubai bin Ka`b said, "By Allah, none will go with you but the youngest of the people (as a witness)." (Abu Sa`id) was the youngest of them, so I went with Abu Musa and informed `Umar that the Prophet had said so. (See Hadith No. 277, Vol. 3)

We went out with the Prophet to Khaibar. A man (from the companions) said, "O 'Amir! Let us hear some of your Huda (camel-driving songs.)" So he sang some of them (i.e. a lyric in harmony with the camels walk). The Prophet said, "Who is the driver (of these camels)?" They said, "Amir." The Prophet said, "May Allah bestow His Mercy on him !" The people said, "O Allah's Apostle! Would that you let us enjoy his company longer!" Then 'Amir was killed the following morning. The people said, "The good deeds of 'Amir are lost as he has killed himself." I returned at the time while they were talking about that. I went to the Prophet and said, "O Allah's Prophet! Let my father be sacrificed for you! The people claim that 'Amir's good deeds are lost." The Prophet said, "Whoever says so is a liar, for 'Amir will have a double reward as he exerted himself to obey Allah and fought in Allah's Cause. No other way of killing would have granted him greater reward."

Ibn `Abbas said, "Preach to the people once a week, and if you won't, then preach them twice, but if you want to preach more, then let it be three times (a week only), and do not make the people fed-up with this Qur'an. If you come to some people who are engaged in a talk, don't start interrupting their talk by preaching, lest you should cause them to be bored. You should rather keep quiet, and if they ask you, then preach to them at the time when they are eager to hear what you say. And avoid the use of rhymed prose in invocation for I noticed that Allah's Apostle and his companions always avoided it."

Yahya related to me from Malik from Abd arRahman ibn Abdullah ibn Abd ar-Rahman ibn Abu Sasaca al-Ansari, and later al-Mazini, that his father told him that Abu Said al-Khudri had said to him, "I see that you love sheep and the desert. When you are among your sheep or in your desert, call the prayer and raise your voice in the adhan, because I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No jinn or man or anything within range hears the voice of the muadhdhin except that it bears witness for him on the day of rising.' "

Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik said, "The generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of Allah, may Allah bless him and grant him peace, said, "It is the duty of a muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his travelling." (i.e. he does not wait till his death bed ) .

Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar."

Yahya related to me from Malik that he had heard some of the people of knowledge say that when falcons, eagles, and hawks and their like, understood as trained dogs understood, there was no harm in eating what they had killed in the course of hunting, if the name of Allah had been mentioned when they were sent out.

Malik said, "The best of what I have heard about retrieving game from the falcon's talons or from the dog's fangs and then waiting until it dies, is that it is not halal to eat it."

Malik said, "The same applies to anything which could have been slaughtered by the hunter when it was in the talons of the falcon or the fangs of the dog. If the hunter leaves it until the falcon or dog has killed it, it is not halal to eat it either". He continued, "The same thing applies to any game hit by a hunter and caught while still alive, which he neglects to slaughter before it dies."

Malik said, "It is generally agreed among us that it is halal to eat the game that a hunting-dog belonging to magians hunts or kills, if it is sent out by a muslim and the animal is trained. There is no harm in it even if the muslim does not actually slaughter it.

It is the same as a muslim using a magian's knife to slaughter with or using his bow and arrows to shoot and kill with. The game he shot and the animal he slaughters are halal. There is no harm in eating them. If a magian sends out a muslim's hunting dog for game, and it catches it, the game is not to be eaten unless it is slaughtered by a muslim. That is like a magian using a muslim's bow and arrow to hunt game with, or like his using a muslim's knife to slaughter with. It is not halal to eat anything killed like that.

Ibn Bashshar said in his version: Allah is above the throne, and the throne is above the heavens. He then mentioned the rest of the tradition. ‘Abd al-A’la, Ibn al- Muthana and Ibn Bashshar transmitted it from Ya’qub b. ‘Utbah and Jubair b. Muhammad b. Jubair from his father on the authority of his grandfather.

Abu Dawud said: This tradition with the chain of Ahmad b. Sa’ad is sound. It has been approved by the body (of traditionists) , which includes Yahya b. Ma’in and ‘Ali b. al-Madani, and a group has transmitted it from Ibn Ishaq, as Ahmad also said. And so far as I have been informed ‘Abd al-A’la, Ibn al-Muthanna, and Ibn Bashshar had heard from the same copy(of the collection of tradition).

Barirah came (to `Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help." `Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me." Barirah went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them." Allah's Apostle heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator." `Aisha added, "Allah's Apostle then got up amongst the people, Glorified and Praised Allah, and said, 'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

He said: I mentioned it to al-A’mash. He said: I swear by Allah, I heard it from him.

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

While Ibn `Umar was performing the Tawaf (around the Ka`ba), a man came up to him and said, "O Abu `AbdurRahman!" or said, "O Ibn `Umar! Did you hear anything from the Prophet about An35 Najwa?" Ibn `Umar said, "I heard the Prophet saying, 'The Believer will be brought near his Lord." (Hisham, a sub-narrator said, reporting the Prophet's words), "The believer will come near (his Lord) till his Lord covers him with His screen and makes him confess his sins. (Allah will ask him), 'Do you know (that you did) 'such-and-such sin?" He will say twice, 'Yes, I do.' Then Allah will say, 'I concealed it in the world and I forgive it for you today.' Then the record of his good deeds will be folded up. As for the others, or the disbelievers, it will be announced publicly before the witnesses: 'These are ones who lied against their Lord."

"Once Mu`adh was along with Allah's Apostle as a companion rider. Allah's Apostle said, "O Mu`adh bin Jabal." Mu`adh replied, "Labbaik and Sa`daik. O Allah's Apostle!" Again the Prophet said, "O Mu`adh!" Mu`adh said thrice, "Labbaik and Sa`daik, O Allah's Apostle!" Allah's Apostle said, "There is none who testifies sincerely that none has the right to be worshipped but Allah and Muhammad is his Apostle, except that Allah, will save him from the Hell-fire." Mu`adh said, "O Allah's Apostle ! Should I not inform the people about it so that they may have glad tidings?" He replied, "When the people hear about it, they will solely depend on it." Then Mu`adh narrated the above-mentioned Hadith just before his death, being afraid of committing sin (by not telling the knowledge).

When we conquered Khaibar, we gained neither gold nor silver as booty, but we gained cows, camels, goods and gardens. Then we departed with Allah's Apostle to the valley of Al-Qira, and at that time Allah's Apostle had a slave called Mid`am who had been presented to him by one of Banu Ad-Dibbab. While the slave was dismounting the saddle of Allah's Apostle an arrow the thrower of which was unknown, came and hit him. The people said, "Congratulations to him for the martyrdom." Allah's Apostle said, "No, by Him in Whose Hand my soul is, the sheet (of cloth) which he had taken (illegally) on the day of Khaibar from the booty before the distribution of the booty, has become a flame of Fire burning him." On hearing that, a man brought one or two leather straps of shoes to the Prophet and said, "These are things I took (illegally)." On that Allah's Apostle said, "This is a strap, or these are two straps of Fire."

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

While I was sitting with some people from Quraish, a man with very rough hair, clothes, and appearance came and stood in front of us, greeted us and said, "Inform those who hoard wealth, that a stone will be heated in the Hell-fire and will be put on the nipples of their breasts till it comes out from the bones of their shoulders and then put on the bones of their shoulders till it comes through the nipples of their breasts the stone will be moving and hitting." After saying that, the person retreated and sat by the side of the pillar, I followed him and sat beside him, and I did not know who he was. I said to him, "I think the people disliked what you had said." He said, "These people do not understand anything, although my friend told me." I asked, "Who is your friend?" He said, "The Prophet said (to me), 'O Abu Dhar! Do you see the mountain of Uhud?' And on that I (Abu Dhar) started looking towards the sun to judge how much remained of the day as I thought that Allah's Apostle wanted to send me to do something for him and I said, 'Yes!' He said, 'I do not love to have gold equal to the mountain of Uhud unless I spend it all (in Allah's cause) except three Dinars (pounds). These people do not understand and collect worldly wealth. No, by Allah, Neither I ask them for worldly benefits nor am I in need of their religious advice till I meet Allah, The Honorable, The Majestic." '

Abu Dawud said: The solitary point in this tradition (not supported by other traditions) is the report about the signet-ring.

The Prophet prayed facing Bait-ulMaqdis (i.e. Jerusalem) for sixteen or seventeen months but he wished that his Qibla would be the Ka`ba (at Mecca). (So Allah Revealed (2.144) and he offered `Asr prayers(in his Mosque facing Ka`ba at Mecca) and some people prayed with him. A man from among those who had prayed with him, went out and passed by some people offering prayer in another mosque, and they were in the state of bowing. He said, "I, (swearing by Allah,) testify that I have prayed with the Prophet facing Mecca." Hearing that, they turned their faces to the Ka`ba while they were still bowing. Some men had died before the Qibla was changed towards the Ka`ba. They had been killed and we did not know what to say about them (i.e. whether their prayers towards Jerusalem were accepted or not). So Allah revealed:-- "And Allah would never make your faith (i.e. prayer) to be lost (i.e. your prayers offered (towards Jerusalem). Truly Allah is Full of Pity, Most Merciful towards mankind." (2.143)

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."

Rifa`a divorced his wife whereupon `AbdurRahman bin Az-Zubair Al-Qurazi married her. `Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband and showed her a green spot on her skin caused by beating). It was the habit of ladies to support each other, so when Allah's Apostle came, `Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!" When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but he is impotent and is as useless to me as this," holding and showing the fringe of her garment, `Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient and wants to go back to Rifa`a." Allah's Apostle said, to her, "If that is your intention, then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you." Then the Prophet saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"

Malik said, I still hear that when a person in ihram kills an ostrich, a camel is due."

Malik said, "I think that for an ostrich egg, one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars, and that is one-tenth of what the blood-money for the mother would be.

"Birds from the eagle family, eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid, the assessment is the same, whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman, are considered to be the same."

Allah's Apostle (p.b.u.h) said, "A man said that he would give something in charity. He went out with his object of charity and unknowingly gave it to a thief. Next morning the people said that he had given his object of charity to a thief. (On hearing that) he said, "O Allah! All the praises are for you. I will give alms again." And so he again went out with his alms and (unknowingly) gave it to an adulteress. Next morning the people said that he had given his alms to an adulteress last night. The man said, "O Allah! All the praises are for you. (I gave my alms) to an adulteress. I will give alms again." So he went out with his alms again and (unknowingly) gave it to a rich person. (The people) next morning said that he had given his alms to a wealthy person. He said, "O Allah! All the praises are for you. (I had given alms) to a thief, to an adulteress and to a wealthy man." Then someone came and said to him, "The alms which you gave to the thief, might make him abstain from stealing, and that given to the adulteress might make her abstain from illegal sexual intercourse (adultery), and that given to the wealthy man might make him take a lesson from it and spend his wealth which Allah has given him, in Allah's cause."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

Yahya related to me from Malik, from Yahya ibn Said, from Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked people about him and they said, "He has given directions for his sacrificial animal to be garlanded, and it is for that reason that he has put on ihram ."

Rabia said, "I then met Abdullah ibn az- Zubayr and so I mentioned this to him and he said, 'By the Lord of the Kaba, an innovation.' "

Malik was asked about some one who set out with his own sacrificial animal and marked it and garlanded it at Dhu'l-Hulayfa, but did not go into ihram until he had reached al- Juhfa,and hesaid, "I do not like that, and whoever does so has not acted properly. He should only garland his sacrificial animal, or mark it, when he goes into ihram, unless it is someone who does not intend to do hajj, in which case he sends it off and stays with his family."

Malik was asked if somone who was not in ihram could set out with a sacrificial animal, and he said, "Yes. There is no harm in that."

He was also asked to comment on the different views people had about what became haram for some one who garlanded a sacrificial animal but did not intend to do either hajj or umra, and he said, "What we go by as far as this is concerned is what A'isha, umm al-muminin said, 'The Messenger of Allah, may Allah bless him and grant him peace, sent his sacrificial animal off and did not go there himself, and there was nothing that Allah had made halal for him that was haram for him until the animal had been sacrificed.' "

Once the two righteous men, i.e., Abu Bakr and `Umar were on the verge of destruction (and that was because): When the delegate of Bani Tamim came to the Prophet, one of them (either Abu Bakr or `Umar) recommended Al-Aqra' bin H`Abis at-Tamimi Al-Hanzali, the brother of Bani Majashi (to be appointed as their chief), while the other recommended somebody else. Abu Bakr said to `Umar, "You intended only to oppose me." `Umar said, "I did not intend to oppose you!" Then their voices grew louder in front of the Prophet whereupon there was revealed: 'O you who believe! Do not raise your voices above the voice of the Prophet..a great reward.' (49.2-3) Ibn Az-Zubair said, 'Thence forward when `Umar talked to the Prophet, he would talk like one who whispered a secret and would even fail to make the Prophet hear him, in which case the Prophet would ask him (to repeat his words).

I asked Abu Sa`id Al-Khudri, "Did you hear Allah's Apostle talking about the Night of Qadr?" He replied in the affirmative and said, "Once we were in I`tikaf with Allah's Apostle in the middle ten days of (Ramadan) and we came out of it in the morning of the twentieth, and Allah's Apostledelivered a sermon on the 20th (of Ramadan) and said, 'I was informed (of the date) of the Night of Qadr (in my dream) but had forgotten it. So, look for it in the odd nights of the last ten nights of the month of Ramadan. I saw myself prostrating in mud and water on that night (as a sign of the Night of Qadr). So, whoever had been in I`tikaf with Allah's Apostle should return for it.' The people returned to the mosque (for I`tikaf). There was no trace of clouds in the sky. But all of a sudden a cloud came and it rained. Then the prayer was established (they stood for the prayer) and Allah's Apostle prostrated in mud and water and I saw mud over the forehead and the nose of the Prophet.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When the Prophet came to Medina, he stayed first with his grandfathers or maternal uncles from Ansar. He offered his prayers facing Baitul-Maqdis (Jerusalem) for sixteen or seventeen months, but he wished that he could pray facing the Ka'ba (at Mecca). The first prayer which he offered facing the Ka'ba was the 'Asr prayer in the company of some people. Then one of those who had offered that prayer with him came out and passed by some people in a mosque who were bowing during their prayers (facing Jerusalem). He said addressing them, "By Allah, I testify that I have prayed with Allah's Apostle facing Mecca (Ka'ba).' Hearing that, those people changed their direction towards the Ka'ba immediately. Jews and the people of the scriptures used to be pleased to see the Prophet facing Jerusalem in prayers but when he changed his direction towards the Ka'ba, during the prayers, they disapproved of it.

Al-Bara' added, "Before we changed our direction towards the Ka'ba (Mecca) in prayers, some Muslims had died or had been killed and we did not know what to say about them (regarding their prayers.) Allah then revealed: And Allah would never make your faith (prayers) to be lost (i.e. the prayers of those Muslims were valid).' " (2:143).

(Later on) Allah's Apostle (once again) went along with Ubai bin Ka'b to the garden of date-palms where Ibn Saiyad was staying. When the Prophet entered the garden, he started hiding himself behind the trunks of the date-palms as he wanted to hear something from the Ibn Saiyad before the latter could see him. Ibn Saiyad was lying in his bed, covered with a velvet sheet from where his murmurs were heard. Ibn Saiyad's mother saw the Prophet while he was hiding himself behind the trunks of the date-palms. She addressed Ibn Saiyad, "O Saf!" (And this was his name). Ibn Saiyad got up. The Prophet said, "Had this woman let him to himself, he would have revealed the reality of his case." Then the Prophet got up amongst the people, glorifying Allah as He deserves, he mentioned Ad-Dajjal, saying, "I warn you about him (i.e. Ad-Dajjal) and there is no prophet who did not warn his nation about him, and Noah warned his nation about him, but I tell you a statement which no prophet informed his nation of. You should understand that he is a one-eyed man and Allah is not one-eyed."

We were in our country when flags and banners were raised. I said: What is this?

The (the people) said: This is the banner of the Messenger of Allah (saws). So I came to him. He was (sitting) under a tree. A sheet of cloth was spread for him and he was sitting on it. His Companions were gathered around him. I sat with them.

The Messenger of Allah (saws) mentioned illness and said: When a believer is afflicted by illness and Allah cures him of it, it serves as an atonement for his previous sins and a warning to him for the future.

But when a hypocrite becomes ill and is then cured, he is like a camel which has been tethered and then let loose by its owners, but does not know why they tethered it and why they let it loose.

A man from among those around him asked: Messenger of Allah, what are illnesses? I swear by Allah, I never fell ill.

The Messenger of Allah (saws) said: Get up and leave us. You do not belong to our number. When we were with him, a man came to him. He had a sheet of cloth and something in his hand.

He turned his attention to him and said: Messenger of Allah, when I saw you, I turned towards you. I saw a group of trees and heard the sound of fledglings. I took them and put them in my garment. Their mother then came and began to hover round my head. I showed them to her, and she fell on them. I wrapped them with my garment. They are now with me.

He said: Put them away from you. So I put them away, but their mother stayed with them.

The Messenger of Allah (saws) said to his companions: Are you surprised at the affection of the mother for her young?

They said: Yes, Messenger of Allah. He said: I swear by Him Who has sent me with the Truth, Allah is more affectionate to His servants than a mother to her young ones. Take them back put them and where you took them from when their mother should have been with them. So he took them back.

Ikrimah reported on the authority of Ibn Abbas, saying: I think the Messenger of Allah (saws) said: When one of you prays without a sutrah, a dog, an ass, a pig, a Jew, a Magian, and a woman cut off his prayer, but it will suffice if they pass in front of him at a distance of over a stone's throw.

Abu Dawud said: There is something about this tradition in my heart. I used to discuss it with Ibrahim and others. I did not find anyone who narrated it from Hisham and knew it. I did not know anyone who reported it from Hisham and knew it. I did not know anyone who related it from Hisham. I think the confusion is on the part of Ibn Abi Saminah that is, Muhammad b. Isma'il al-Basri, the freed slave of Banu Hisham. In this tradition the mention of words "a Magian" is rejected; the mention of the words "at a stone's throw" and "a pig" is rejected.

Abu Dawud said: I did not hear this tradition except from Muhammad b. Isma'il b. Samurrah and I think he was mistaken because he used to narrate to us from his memory.

Yahya related to me from Malik from Muhammad ibn al-Munkadir and from Salim ibn Abi'n-Nadr, the mawla of Umar ibn Ubaydullah that Amir ibn Sad ibn Abi Waqqas heard his father ask Usama ibn Zayd, "Have you heard anything from the Messenger of Allah, may Allah bless him and grant him peace, about the plague?" Usama said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The plague is a punishment that was sent down on a party of the Banu Israil or whoever was before them. When you hear of it in a land, do not enter it. If it comes upon a land and you are in it, do not depart in flight from it.' "

Malik said that Abu'n-Nadr said, "That is, do not depart with no other intention but flight."

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

The Prophet established a bond of brotherhood between Salman and Abu Darda'. Salman paid a visit to Abu ad-Darda and found Um Ad-Darda' dressed in shabby clothes and asked her why she was in that state.?" She replied, "Your brother, Abu Ad-Darda is not interested in the luxuries of this world." In the meantime Abu Ad-Darda came and prepared a meal for him (Salman), and said to him, "(Please) eat for I am fasting." Salman said, "I am not going to eat, unless you eat." So Abu Ad-Darda' ate. When it was night, Abu Ad-Darda' got up (for the night prayer). Salman said (to him), "Sleep," and he slept. Again Abu- Ad-Darda' got up (for the prayer), and Salman said (to him), "Sleep." When it was the last part of the night, Salman said to him, "Get up now (for the prayer)." So both of them offered their prayers and Salman said to Abu Ad-Darda',"Your Lord has a right on you; and your soul has a right on you; and your family has a right on you; so you should give the rights of all those who have a right on you). Later on Abu Ad-Darda' visited the Prophet and mentioned that to him. The Prophet, said, "Salman has spoken the truth."

When the time of the death of Abu Talib approached, Allah's Apostle went to him and found Abu Jahl bin Hisham and `Abdullah bin Abi Umaiya bin Al-Mughira by his side. Allah's Apostle said to Abu Talib, "O uncle! Say: None has the right to be worshipped but Allah, a sentence with which I shall be a witness (i.e. argue) for you before Allah. Abu Jahl and `Abdullah bin Abi Umaiya said, "O Abu Talib! Are you going to denounce the religion of `Abdul Muttalib?" Allah's Apostle kept on inviting Abu Talib to say it (i.e. 'None has the right to be worshipped but Allah') while they (Abu Jahl and `Abdullah) kept on repeating their statement till Abu Talib said as his last statement that he was on the religion of `Abdul Muttalib and refused to say, 'None has the right to be worshipped but Allah.' (Then Allah's Apostle said, "I will keep on asking Allah's forgiveness for you unless I am forbidden (by Allah) to do so." So Allah revealed (the verse) concerning him (i.e. It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans even though they be of kin, after it has become clear to them that they are companions of the fire (9.113).