Ibn Maslamah and Ibn 'Isa reported from Muhammad b. al-Munkadir on the authority of Jabir.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

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

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

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

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

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

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

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

That Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth had said to him, "What prevents you from speaking to your uncle `Uthman regarding his brother Al-Walid bin `Uqba?" The people were speaking against the latter for what he had done. 'Ubaidullah said, "So I kept waiting for `Uthman, and when he went out for the prayer, I said to him, 'I have got something to say to you as a piece of advice.' `Uthman said, 'O man! I seek Refuge with Allah from you. So I went away. When I finished my prayer, I sat with Al-Miswar and Ibn 'Abu Yaghutb and talked to both of them of what I had said to `Uthman and what he had said to me. They said, 'You have done your duty.' So while I was sitting with them. `Uthman's Messenger came to me. They said, 'Allah has put you to trial." I set out and when I reached `Uthman, he said, 'What is your advice which you mentioned a while ago?' I recited Tashahhud and added, 'Allah has sent Muhammad and has revealed the Holy Book (i.e. Qur'an) to him. You (O `Uthman!) were amongst those who responded to the call of Allah and His Apostle and had faith in him. And you took part in the first two migrations (to Ethiopia and to Medina), and you enjoyed the company of Allah's Apostle and learned his traditions and advice. Now the people are talking much about Al-Walid bin `Uqba and so it is your duty to impose on him the legal punishment.' `Uthman then said to me, 'O my nephew! Did you ever meet Allah's Apostle ?' I said, 'No, but his knowledge has reached me as it has reached the virgin in her seclusion.' `Uthman then recited Tashahhud and said, 'No doubt, Allah has sent Muhammad with the Truth and has revealed to him His Holy Book (i.e. Qur'an) and I was amongst those who responded to the call of Allah and His Apostle and I had faith in Muhammad's Mission, and I had performed the first two migrations as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance to him. By Allah, I never disobeyed him and never cheated him till Allah caused him to die. Then Allah made Abu Bakr Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then `Umar became Caliph, and by Allah, I was never disobedient to him, nor did I cheat him. Then I became Caliph. Have I not then the same rights over you as they had over me?' I replied in the affirmative. `Uthman further said, 'The what are these talks which are reaching me from you? As for what you ha mentioned about Al-Walid bin 'Uqb; Allah willing, I shall give him the leg; punishment justly. Then `Uthman ordered that Al-Walid be flogged fort lashes. He ordered `Ali to flog him an he himself flogged him as well."

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

Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, "I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?" This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive.

Malik said, "It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known."

Malik spoke about a man who had drapery goods sent to him, and salesmen came to him and he read to them his list of contents and said, "In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such," and he named to them types of drapery goods by their sort, and he said, "Buy them from me according to this description." They bought the bags according to what he described to them, and then they bought them and found them too expensive and regretted it. Malik said, "The sale is binding on them, if the goods agree with the list of contents on which he sold them."

Malik said, "This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it. "

Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.

Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.

Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."

Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

The Prophet said, "When Allah has ordained some affair in the Heaven, the angels beat with their wings in obedience to His statement, which sounds like a chain dragged over a rock." (`Ali and other sub-narrators said, "The sound reaches them.") "Until when fear is banished from their (angels) hearts, they (angels) say, 'What was it that your Lord said? They say, 'The truth; And He is the Most High, the Most Great.' (34.23) Then those who gain a hearing by stealing (i.e. devils) will hear Allah's Statement:-- 'Those who gain a hearing by stealing, (stand one over the other like this). (Sufyan, to illustrate this, spread the fingers of his right hand and placed them one over the other horizontally.) A flame may overtake and burn the eavesdropper before conveying the news to the one below him; or it may not overtake him till he has conveyed it to the one below him, who in his turn, conveys it to the one below him, and so on till they convey the news to the earth. (Or probably Sufyan said, "Till the news reaches the earth.") Then the news is inspired to a sorcerer who would add a hundred lies to it. His prophecy will prove true (as far as the heavenly news is concerned). The people will say. 'Didn't he tell us that on such-and-such a day, such-and-such a thing will happen? We have found that is true because of the true news heard from heaven."

The above hadith is also narrated by Abu Huraira, starting: 'When Allah has ordained some affair...') In this narration the word foreteller is added to the word wizard.

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf telling him not to disagree with Abdullah ibn Umar about anything to do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar went to him just after noon, and I went with him. He called out to him outside his tent, 'Where is this man?' and a-lHajjaj came out to him, wearing a blanket dyed with safflower, and said to him, 'What's up with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.' Al-Hajjaj said, 'Wait until I have poured some water over myself, and then I will come out.' So Abdullah dismounted and waited until al- Hajjaj came out. He passed between me and my father and I said to him, 'If you want to accord with the sunna today, then make the khutba short, do not delay the prayer and do the prayer quickly.' Then he began looking at Abdullah ibn Umar to see if he would say the same thing, and when Abdullah saw that, he said, 'What Salim is saying is true.' "

20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and the Jumua at Mina and Arafa

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.

Malik said, "The generally agreed on wayof doing things among us is that when there are no full siblings with them, half-siblings by the father take the position of full siblings. Their males are like the males of the full siblings, and their females are like their females except in the case where the half-siblings by the mother and the full siblings share, because they are not offspring of the mother who joins these."

Malik said, "If there are both full siblings and half-siblings by the father and there is a male among the full siblings none of the half-siblings by the father have any inheritance. If there is one or more females in the full siblings and there is no male with them, the one full sister gets a half, and the half sister by the father gets a sixth, completing the two-thirds. If there is a male with the half-sisters by the father, they have no share. The people of fixed shares are given their shares and if there is something left after that it is divided between the half-siblings by the father. The male has the portion of two females. If there is nothing left over, they get nothing. If the full siblings consist of two or more females, they get two-thirds, and the half-sisters by the father get nothing with them unless there is a half-brother by the father with them. If there is a half-brother by the father with them, the people of fixed shares are given their shares and if there is something left over after that, it is divided between the half- siblings by the father. The male gets the portion of two females. If there is nothing left over, they get nothing. Half-siblings by the mother, full-siblings, and half-siblings by the father, each have a sixth (when they are onlyone). Two and more share a third. The male has the same portion as the female. They are in the same position in it."

One day while the Prophet was sitting in the company of some people, (The angel) Gabriel came and asked, "What is faith?" Allah's Apostle replied, 'Faith is to believe in Allah, His angels, (the) meeting with Him, His Apostles, and to believe in Resurrection." Then he further asked, "What is Islam?" Allah's Apostle replied, "To worship Allah Alone and none else, to offer prayers perfectly to pay the compulsory charity (Zakat) and to observe fasts during the month of Ramadan." Then he further asked, "What is Ihsan (perfection)?" Allah's Apostle replied, "To worship Allah as if you see Him, and if you cannot achieve this state of devotion then you must consider that He is looking at you." Then he further asked, "When will the Hour be established?" Allah's Apostle replied, "The answerer has no better knowledge than the questioner. But I will inform you about its portents.

1. When a slave (lady) gives birth to her master.

2. When the shepherds of black camels start boasting and competing with others in the construction of higher buildings. And the Hour is one of five things which nobody knows except Allah.

The Prophet then recited: "Verily, with Allah (Alone) is the knowledge of the Hour--." (31. 34) Then that man (Gabriel) left and the Prophet asked his companions to call him back, but they could not see him. Then the Prophet said, "That was Gabriel who came to teach the people their religion." Abu 'Abdullah said: He (the Prophet) considered all that as a part of faith.

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqat (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."

The people used to ask Allah's Apostle about good, but I used to ask him about evil for fear that it might overtake me. Once I said, "O Allah's Apostle! We were in ignorance and in evil and Allah has bestowed upon us the present good; will there by any evil after this good?" He said, "Yes." I asked, "Will there be good after that evil?" He said, "Yes, but it would be tained with Dakhan (i.e. Little evil)." I asked, "What will its Dakhan be?" He said, "There will be some people who will lead (people) according to principles other than my tradition. You will see their actions and disapprove of them." I said, "Will there by any evil after that good?" He said, "Yes, there will be some people who will invite others to the doors of Hell, and whoever accepts their invitation to it will be thrown in it (by them)." I said, "O Allah's Apostle! Describe those people to us." He said, "They will belong to us and speak our language" I asked, "What do you order me to do if such a thing should take place in my life?" He said, "Adhere to the group of Muslims and their Chief." I asked, "If there is neither a group (of Muslims) nor a chief (what shall I do)?" He said, "Keep away from all those different sects, even if you had to bite (i.e. eat) the root of a tree, till you meet Allah while you are still in that state."

When Allah's Apostle arrived at Medina, he alighted at the upper part of Medina among the people called Bani `Amr bin `Auf and he stayed with them for fourteen nights. Then he sent for the chiefs of Bani An-Najjar, and they came, carrying their swords. As if I am just now looking at Allah's Apostle on his she-camel with Abu Bakr riding behind him (on the same camel) and the chiefs of Bani An- Najjar around him till he dismounted in the courtyard of Abu Aiyub's home. The Prophet used to offer the prayer wherever the prayer was due, and he would pray even in sheepfolds. Then he ordered that the mosque be built. He sent for the chiefs of Banu An-Najjar, and when they came, he said, "O Banu An-Najjar! Suggest to me the price of this garden of yours." They replied "No! By Allah, we do not demand its price except from Allah." In that garden there were the (following) things that I will tell you: Graves of pagans, unleveled land with holes and pits etc., and date-palm trees. Allah's Apostle ordered that the graves of the pagans be dug up and, the unleveled land be leveled and the date-palm trees be cut down. The trunks of the trees were arranged so as to form the wall facing the Qibla. The Stone pillars were built at the sides of its gate. The companions of the Prophet were carrying the stones and reciting some lyrics, and Allah's Apostle . . was with them and they were saying, "O Allah! There is no good Excel the good of the Hereafter, so bestow victory on the Ansar and the Emigrants. "

Sahl bin Abi Hathma and some great men of his tribe said, `Abdullah bin 'Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that `Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By Allah, you have killed my companion." The Jews said, "By Allah, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and `Abdur-Rahman bin Sahl came (to the Prophet) and he who had been at Khaibar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. Allah's Apostle said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that Allah's Apostle wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah's Apostle said to Huwaiyisa, Muhaiyisa and `Abdur-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So Allah's Apostle gave them one-hundred she-camels as blood money from himself. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg.

Yahya related to me from Malik from Yahya ibn Said that he had heard that on the day after the day of sacrifice Umar ibn al-Khattab went out a little after the sun had risen and said the takbir, and everyone repeated it after him. Then he went out a second time the same day when the sun was well up and said the takbir, and everyone repeated it after him. Then he went out a third time after mid-day and said the takbir, and everyone repeated it after him until it resounded from group to group until it reached the House and people knew that Umar had left to throw the stones.

Malik said, "What we do here (in Madina) is to say the takbir during the days of tashriq after each prayer. The first time is when the imam and everyone with him says the takbir after the dhuhr prayer on the day of sacrifice, and the last is when the imam and everyone with him says the takbir after subh on the last of the days of tashriq, after which he stops saying the takbir."

Malik said, "The takbirs during the days of tashriq should be done by both men and women, whether they are in a group or by themselves, at Mina or elsewhere, and all of the takbirs should be done. In this everyone follows the imam of the hajj and the people at Mina, because when everyone returns (to Makka) and comes out of ihram they keep the same people as imams while out of ihram (as they did when they were in ihram). Some one who is not doing hajj does not follow them except for the takbirs during the days of tashriq."

Malik said, "The 'limited number of days' are the days of tashriq."

The news about the differences amongst the people of Bani `Amr bin `Auf at Quba reached Allah's Apostle and so he went to them along with some of his companions to affect a reconciliation. Allah's Apostle was delayed there and the time for the prayer became due. Bilal came to Abu Bakr! and said, "O Abu Bakr! Allah's Apostle is detained (there) and the time for the prayer is due. Will you lead the people in prayer?" Abu Bakr replied, "Yes, if you wish." So Bilal pronounced the Iqama and Abu Bakr went forward and the people said Takbir. In the meantime, Allah's Apostle came piercing through the rows till he stood in the (first) row and the people started clapping. Abu Bakr, would never look hither and thither during the prayer but when the people clapped much he looked back and saw Allah's Apostle. The Prophet beckoned him to carry on. Abu Bakr raised both his hands, praised Allah and retreated till he stood in the row and Allah's Apostle went forward and led the people in the prayer. When he had finished the prayer, he addressed the people and said, "O people! Why did you start clapping when something happened to you in the prayer? Clapping is for women. Whenever one is confronted with something unusual in the prayer one should say, 'Sub Han Allah'." Then the Prophet looked towards Abu Bakr and asked, "What prevented you from leading the prayer when I beckoned you to carry on?" Abu Bakr replied, "It does not befit the son of Al Quhafa to lead the prayer in the presence of Allah's Apostle.

"Ibn 'Umar and I went to Abu Sa'eed and he narrated to us: 'the Messenger of Allah (saws) said - and I heard him with these [two] ears: "Do not sell gold for gold except kind for kind, nor sliver for silver except kind for kind, do not exchange more of one than the other, and do not sell what is not present from them for what is present."

[Abu 'Eisa said:] There are narrations on this topic from Abu Bakr, 'Umar, 'Uthman, Abu Hurairah, Hisham bin 'Amir, Al-Bara', Zaid bin Arqam, Fadalah bin 'Ubaid, Abu Bakrah, Ibn 'Umar, Abu Ad-Darda', and Bilal.

[He said:] The Hadith of Abu Sa'eed, from the Prophet (saws) [about Riba] is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others, except for what has been related from Ibn 'Abbas; he did not see any harm in exchanging gold for gold or silver for silver, more for less, when it is done hand in hand, and he said: "Riba' is only in credit." Similar it has been related from some of his companions. It has been related that Ibn 'Abbas changed his opinion when Abu Sa'eed narrated it to him from the Prophet (saws). The first view is more correct.

And this is acted upon according to the people of knowledge [among the Companions of the Prophet (saws) and others]. It is the view of Sufyan Ath-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. It has been reported that Ibn Al-Mubarak said: "There is no difference over exchange."

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

Sahl ibn AbuUmamah said that he and his father (AbuUmamah) visited Anas ibn Malik at Medina during the time (rule) of Umar ibn AbdulAziz when he (Anas ibn Malik) was the governor of Medina. He was praying a very short prayer as if it were the prayer of a traveller or near it.

When he gave a greeting, my father said: May Allah have mercy on you! Tell me about this prayer: Is it obligatory or supererogatory?

He said: It is obligatory; it is the prayer performed by the Messenger of Allah (saws). I did not make a mistake except in one thing that I forgot.

He said: The Messenger of Allah (saws) used to say: Do not impose austerities on yourselves so that austerities will be imposed on you, for people have imposed austerities on themselves and Allah imposed austerities on them. Their survivors are to be found in cells and monasteries. (Then he quoted:) "Monasticism, they invented it; we did not prescribe it for them."

Next day he went out in the morning and said: will you not go out for a ride, so that you may see something and take a lesson from it?

He said: Yes. Then all of them rode away and reached a land whose inhabitants had perished, passed away and died. The roofs of the town had fallen in.

He asked: Do you know this land? I said: Who acquainted me with it and its inhabitants? (Anas said:) This is the land of the people whom oppression and envy destroyed. Envy extinguishes the light of good deeds, and oppression confirms or falsifies it. The eye commits fornication, and the palm of the hand, the foot, body, tongue and private part of the body confirm it or deny it.

Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."

Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."

Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."

Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, "There is no harm in it."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to be paid within a period." He said, "There is no good however in bartering a camel for a camel like it with some dirhams on top of it, with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either."

Malik said, "There is no harm in buying a riding camel with two or more pack-camels, if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms, if they are different and their difference is clear. If they resemble each other whether their species are different or not, two are not to be taken for one with delayed terms."

Malik said, "The explanation of what is disapproved of in that, is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you, then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash."

Malik said, "It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do."

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."

Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it.

Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' "

Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced."

Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood- money payable for injuries less than the head wound which bares the bone."

That he was sitting behind `Umar bin `Abdul `Aziz and the people mentioned and mentioned (about at-Qasama) and they said (various things), and said that the Caliphs had permitted it. `Umar bin `Abdul `Aziz turned towards Abu Qilaba who was behind him and said. "What do you say, O `Abdullah bin Zaid?" or said, "What do you say, O Abu Qilaba?" Abu Qilaba said, "I do not know that killing a person is lawful in Islam except in three cases: a married person committing illegal sexual intercourse, one who has murdered somebody unlawfully, or one who wages war against Allah and His Apostle." 'Anbasa said, "Anas narrated to us such-and-such." Abu Qilaba said, "Anas narrated to me in this concern, saying, some people came to the Prophet and they spoke to him saying, 'The climate of this land does not suit us.' The Prophet said, 'These are camels belonging to us, and they are to be taken out to the pasture. So take them out and drink of their milk and urine.' So they took them and set out and drank of their urine and milk, and having recovered, they attacked the shepherd, killed him and drove away the camels.' Why should there be any delay in punishing them as they murdered (a person) and waged war against Allah and His Apostle and frightened Allah's Apostle ?" Anbasa said, "I testify the uniqueness of Allah!" Abu Qilaba said, "Do you suspect me?" 'Anbasa said, "No, Anas narrated that (Hadith) to us." Then 'Anbasa added, "O the people of such-and-such (country), you will remain in good state as long as Allah keeps this (man) and the like of this (man) amongst you."

One day while Allah's Apostle was sitting with the people, a man came to him walking and said, "O Allah's Apostle. What is Belief?" The Prophet said, "Belief is to believe in Allah, His Angels, His Books, His Apostles, and the meeting with Him, and to believe in the Resurrection." The man asked, "O Allah's Apostle What is Islam?" The Prophet replied, "Islam is to worship Allah and not worship anything besides Him, to offer prayers perfectly, to pay the (compulsory) charity i.e. Zakat and to fast the month of Ramadan." The man again asked, "O Allah's Apostle What is Ihsan (i.e. perfection or Benevolence)?" The Prophet said, "Ihsan is to worship Allah as if you see Him, and if you do not achieve this state of devotion, then (take it for granted that) Allah sees you." The man further asked, "O Allah's Apostle When will the Hour be established?" The Prophet replied, "The one who is asked about it does not know more than the questioner does, but I will describe to you its portents. When the lady slave gives birth to her mistress, that will be of its portents; when the bare-footed naked people become the chiefs of the people, that will be of its portents. The Hour is one of five things which nobody knows except Allah. Verily, the knowledge of the Hour is with Allah (alone). He sends down the rain, and knows that which is in the wombs." (31.34) Then the man left. The Prophet said, "Call him back to me." They went to call him back but could not see him. The Prophet said, "That was Gabriel who came to teach the people their religion." (See Hadith No. 47 Vol 1)

When Khaibar was conquered, Allah's Apostle was presented with a poisoned (roasted) sheep. Allah's Apostle said, "Collect for me all the Jews present in this area." (When they were gathered) Allah's Apostle said to them, "I am going to ask you about something; will you tell me the truth?" They replied, "Yes, O Abal-Qasim!" Allah's Apostle said to them, "Who is your father?" They said, "Our father is so-and-so." Allah's Apostle said, "You have told a lie. for your father is so-and-so," They said, "No doubt, you have said the truth and done the correct thing." He again said to them, "If I ask you about something; will you tell me the truth?" They replied, "Yes, O Abal-Qasim! And if we should tell a lie you will know it as you have known it regarding our father," Allah's Apostle then asked, "Who are the people of the (Hell) Fire?" They replied, "We will remain in the (Hell) Fire for a while and then you (Muslims) will replace us in it" Allah's Apostle said to them. ''You will abide in it with ignominy. By Allah, we shall never replace you in it at all." Then he asked them again, "If I ask you something, will you tell me the truth?" They replied, "Yes." He asked. "Have you put the poison in this roasted sheep?" They replied, "Yes," He asked, "What made you do that?" They replied, "We intended to learn if you were a liar in which case we would be relieved from you, and if you were a prophet then it would not harm you."

He said, "Doesn't a man who has horses with white legs and white blazes on their foreheads among totally black horses recognise which ones are his own?" They said, "Of course, Messenger of Allah." He went on, "Even so will they come on the day of rising with white marks on their foreheads, hands and feet from wudu, and I will precede them to the Hawd. Some men will be driven away from the Hawd as if they were straying camels and I shall call out to them, 'Will you not come? Will you not come? Will you not come?' and someone will say, 'They changed things after you,' so I shall say, 'Then away with them, away with them, away with them!' "

I asked `Abdullah bin `Umar, "O Abu `Abdur-Rahman! I saw you doing four things which I never saw being done by anyone of you companions?" `Abdullah bin `Umar said, "What are those, O Ibn Juraij?" I said, "I never saw you touching any corner of the Ka`ba except these (two) facing south (Yemen) and I saw you wearing shoes made of tanned leather and dyeing your hair with Hinna (a kind of red dye). I also noticed that whenever you were in Mecca, the people assume Ihram on seeing the new moon crescent (1st of Dhul-Hijja) while you did not assume the Ihlal (Ihram) -(Ihram is also called Ihlal which means 'Loud calling' because a Muhrim has to recite Talbiya aloud when assuming the state of Ihram) - till the 8th of Dhul-Hijja (Day of Tarwiya). `Abdullah replied, "Regarding the corners of Ka`ba, I never saw Allah's Apostle touching except those facing south (Yemen) and regarding the tanned leather shoes, no doubt I saw Allah's Apostle wearing non-hairy shoes and he used to perform ablution while wearing the shoes (i.e. wash his feet and then put on the shoes). So I love to wear similar shoes. And about the dyeing of hair with Hinna; no doubt I saw Allah's Apostle dyeing his hair with it and that is why I like to dye (my hair with it). Regarding Ihlal, I did not see Allah's Apostle assuming Ihlal till he set out for Hajj (on the 8th of Dhul-Hijja).

While Allah's Apostle was prostrating (as stated below).

Narrated `Abdullah bin Mas`ud:

Once the Prophet was offering prayers at the Ka`ba. Abu Jahl was sitting with some of his companions. One of them said to the others, "Who amongst you will bring the Abdominal contents (intestines, etc.) of a camel of Bani so and so and put it on the back of Muhammad, when he prostrates?" The most unfortunate of them got up and brought it. He waited till the Prophet prostrated and then placed it on his back between his shoulders. I was watching but could not do any thing. I wish I had some people with me to hold out against them. They started laughing and falling on one another. Allah's Apostle was in prostration and he did not lift his head up till Fatima (Prophet's daughter) came and threw that (camel's Abdominal contents) away from his back. He raised his head and said thrice, "O Allah! Punish Quraish." So it was hard for Abu Jahl and his companions when the Prophet invoked Allah against them as they had a conviction that the prayers and invocations were accepted in this city (Mecca). The Prophet said, "O Allah! Punish Abu Jahl, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, and `Uqba bin Al Mu'it [??] (and he mentioned the seventh whose name I cannot recall). By Allah in Whose Hands my life is, I saw the dead bodies of those persons who were counted by Allah's Apostle in the Qalib (one of the wells) of Badr.

When it was the day (of the battle) of Hunain, the tributes of Hawazin and Ghatafan and others, along with their animals and offspring (and wives) came to fight against the Prophet The Prophet had with him, ten thousand men and some of the Tulaqa. The companions fled, leaving the Prophet alone. The Prophet then made two calls which were clearly distinguished from each other. He turned right and said, "O the group of Ansar!" They said, "Labbaik, O Allah's Apostle! Rejoice, for we are with you!" Then he turned left and said, "O the group of Ansar!" They said, "Labbaik! O Allah's Apostle! Rejoice, for we are with you!" The Prophet at that time, was riding on a white mule; then he dismounted and said, "I am Allah's Slave and His Apostle." The infidels then were defeated, and on that day the Prophet gained a large amount of booty which he distributed amongst the Muhajirin and the Tulaqa and did not give anything to the Ansar. The Ansar said, "When there is a difficulty, we are called, but the booty is given to other than us." The news reached the Prophet and he gathered them in a leather tent and said, "What is this news reaching me from you, O the group of Ansar?" They kept silent, He added," O the group of Ansar! Won't you be happy that the people take the worldly things and you take Allah's Apostle to your homes reserving him for yourself?" They said, "Yes." Then the Prophet said, "If the people took their way through a valley, and the Ansar took their way through a mountain pass, surely, I would take the Ansar's mountain pass." Hisham said, "O Abu Hamza (i.e. Anas)! Did you witness that? " He replied, "And how could I be absent from him?"

Sulaiman bin Buraidah reported on the authority of his father. When the Apostle of Allaah(saws) appointed a Commander over an Army or a detachment, he instructed him to fear Allaah himself and consider the welfare of the Muslims who were with him. He then said “When you meet the polytheists who are your enemy, summon them tone of three things and accept whichever of them they are willing to agree to, and refrain from them. Summon them to Islam and if they agree, accept it from them and refrain from them. Then summon them to leave their territory and transfer to the abode of the Emigrants and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants, but if they refuse and choose their own abode, tell them that they will be like the desert Arabs who are Muslims subject to Allaah’s jurisdiction which applies to the believers, but will have no spoil or booty unless they strive with the Muslims. If they refuse demand jizyah (poll tax) from them, if they agree accept it from them and refrain from them. But if they refuse, seek Alaah’s help and fight with them. When you invade the fortress and they (its people) offer to capitulate and have the matter referred to Allaah’s jurisdiction, do not grant this, for you do not know whether or not you will hit on Allaah’s jurisdiction regarding them. But let them capitulate and have the matter refereed to your jurisdiction and make a decision about them later on as you wish.

Sufyan (bin ‘Uyainah) said thah ‘Alqamah said “I mentioned this tradition to Muqatil bin Habban, He said “Muslim narrated it to me.” Abu Dawud said “He is Ibn Haidam narrated from Al Nu’man in Muqqarin from the Prophet (saws) like the tradition of Sulaiman bin Buraidah.

Yahya related to me from Malik from Hisham ibn Urwa that Sawda bint Abdullah ibn Umar, who was in the household of Urwa ibn az- Zubayr, set off walking between Safa and Marwa when doing either hajj or an umra. She was a heavy woman and she began when everybody was leaving after the isha prayer, and she still had not completed her circuits when the first call was given for subh, but finished them between the two calls to prayer.

If Urwa saw people doing circuits on riding beasts he would tell them in very strong terms not to do so, and they would pretend to be ill, out of awe of him.

Hisham added, "He used to say to us about them 'These are unsuccessful and have lost.' "

Malik said, "Someone who forgets say between Safa and Marwa in an umra, and does not remember until he is far from Makka, should return and do say. If, in the meantime, he has had intercourse with a woman, he should return and do say between Safa and Marwa so as to complete what remains of that umra, and then after that he has to do another umra and offer a sacrificial animal."

Malik was asked about someone who met another man when doing say between Safa and Marwa and stopped to talk with him, and he said, "I do not like anyone to do that."

Malik said, "If anyone forgets some of his tawaf or is uncertain about it and remembers only when he is doing say between Safa and Marwa, he should stop the say and complete his tawaf of the House apart from that about which he is certain. After that he prays the two rakas of the tawaf, and then begins his say between Safa and Marwa."

When the delegates of the tribe of Hawazin came to the Prophet and they requested him to return their properties and captives. The Prophet stood up and said to them, "I have other people with me in this matter (as you see) and the most beloved statement to me is the true one; you may choose either the properties or the prisoners as I have delayed their distribution." The Prophet had waited for them for more than ten days since his arrival from Ta'if. So, when it became evident to them that the Prophet was not going to return them except one of the two, they said, "We choose our prisoners." The Prophet got up amongst the people and glorified and praised Allah as He deserved and said, "Then after, these brethren of yours have come to us with repentance, and I see it logical to return them the captives. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you likes to stick to his share till we recompense him from the very first war booty which Allah will give us, then he can do so (i.e. give up the present captives)." The people unanimously said, "We do that (return the captives) willingly." The Prophet said, "We do not know which of you has agreed to it and which have not, so go back and let your leaders forward us your decision." So, all the people then went back and discussed the matter with their leaders who returned and informed the Prophet that all the people had willingly given their consent to return the captives. This is what has reached us about the captives of Hawazin. Narrated Anas that `Abbas said to the Prophet, "I paid for my ransom and `Aqil's ransom."

When the delegates of the tribe of Hawazin came to the Prophet they requested him to return their property and their captives. He said to them, "This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you." When the Prophet had returned from Ta'if, he waited for them for more than ten nights. When they came to know that the Prophet would not return except one of the two, they chose their captives. The Prophet then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, "Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first Fai (i.e. war booty) which Allah will give us, then he can do so." The people said, "We return (the captives) to them willingly as a favor, O Allah's Apostle!" The Prophet said, "I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me." The people went away, and their leaders discussed the matter with them, and then came to the Prophet to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, "This is what we know about the captives, of Hawazin.")

When the delegate of Hawazin came to Allah's Apostle declaring their conversion to Islam and asked him to return their properties and captives, Allah's Apostle got up and said to them, "There Is involved in this matter, the people whom you see with me, and the most beloved talk to me, is the true one. So choose one of two alternatives: Either the captives or the properties. I have been waiting for you (i.e. have not distributed the booty)." Allah's Apostle had delayed the distribution of their booty over ten nights after his return from Ta'if. So when they came to know that Allah's Apostle was not going to return to them but one of the two, they said, "We prefer to have our captives." So Allah's Apostle got up amongst the Muslims, and praising Allah as He deserved, said, "To proceed! Your brothers have come to you with repentance and I see (it logical) to return their captives. So, whoever of you likes to do that as a favor then he can do it. And whoever of you likes to stick to his share till we give him from the very first booty which Allah will give us, then he can do so." The people said, "We do that (i.e. return the captives) willingly as a favor, 'O Allah's Apostle!" Allah's Apostle said, "We do not know which of you have agreed to it and which have not; so go back and let your chiefs forward us your decision." They went back and their chief's spoke to them, and they (i.e. the chiefs) returned to Allah's Apostle and informed him that all of them had agreed (to give up their captives) with pleasure, and had given their permission (i.e. that the captives be returned to their people). (The sub-narrator said, "That is what has reached me about the captives of Hawazin tribe.")

Allah's Apostle arrived at Medina with Abu Bakr, riding behind him on the same camel. Abu Bakr was an elderly man known to the people, while Allah's Apostle was a youth that was unknown. Thus, if a man met Abu Bakr, he would say, "O Abu Bakr! Who is this man in front of you?" Abu Bakr would say, "This man shows me the Way," One would think that Abu Bakr meant the road, while in fact, Abu Bakr meant the way of virtue and good. Then Abu Bakr looked behind and saw a horse-rider pursuing them. He said, "O Allah's Apostle! This is a horse-rider pursuing us." The Prophet looked behind and said, "O Allah! Cause him to fall down." So the horse threw him down and got up neighing. After that the rider, Suraqa said, "O Allah's Prophet! Order me whatever you want." The Prophet said, "Stay where you are and do not allow anybody to reach us." So, in the first part of the day Suraqa was an enemy of Allah's Prophet and in the last part of it, he was a protector. Then Allah's Apostle alighted by the side of the Al-Harra and sent a message to the Ansar, and they came to Allah's Prophet and Abu Bakr, and having greeted them, they said, "Ride (your she-camels) safe and obeyed." Allah's Apostle and Abu Bakr rode and the Ansar, carrying their arms, surrounded them. The news that Allah's Prophet had come circulated in Medina. The people came out and were eagerly looking and saying "Allah's Prophet has come! Allah's Prophet has come! So the Prophet went on till he alighted near the house of Abu Ayub. While the Prophet was speaking with the family members of Abu Ayub, `Abdullah bin Salam heard the news of his arrival while he himself was picking the dates for his family from his family garden. He hurried to the Prophet carrying the dates which he had collected for his family from the garden. He listened to Allah's Prophet and then went home. Then Allah's Prophet said, "Which is the nearest of the houses of our kith and kin?" Abu Ayub replied, "Mine, O Allah's Prophet! This is my house and this is my gate." The Prophet said, "Go and prepare a place for our midday rest." Abu Ayub said, "Get up (both of you) with Allah's Blessings." So when Allah's Prophet went into the house, `Abdullah bin Salam came and said "I testify that you (i.e. Muhammad) are Apostle of Allah and that you have come with the Truth. The Jews know well that I am their chief and the son of their chief and the most learned amongst them and the son of the most learned amongst them. So send for them (i.e. Jews) and ask them about me before they know that I have embraced Islam, for if they know that they will say about me things which are not correct." So Allah's Apostle sent for them, and they came and entered. Allah's Apostle said to them, "O (the group of) Jews! Woe to you: be afraid of Allah. By Allah except Whom none has the right to be worshipped, you people know for certain, that I am Apostle of Allah and that I have come to you with the Truth, so embrace Islam." The Jews replied, "We do not know this." So they said this to the Prophet and he repeated it thrice. Then he said, "What sort of a man is `Abdullah bin Salam amongst you?" They said, "He is our chief and the son of our chief and the most learned man, and the son of the most learned amongst us." He said, "What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, " What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, "What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, "O Ibn Salam! Come out to them." He came out and said, "O (the group of) Jews! Be afraid of Allah except Whom none has the right to be worshipped. You know for certain that he is Apostle of Allah and that he has brought a True Religion!' They said, "You tell a lie." On that Allah's Apostle turned them out.

Allah's Apostle sent out ten spies under the command of `Asim bin Thabit Al-Ansari, the grand-father of `Asim bin `Umar Al-Khattab. When they reached (a place called) Al-Hadah between 'Usfan and Mecca, their presence was made known to a sub-tribe of Hudhail called Banu Lihyan. So they sent about one hundred archers after them. The archers traced the footsteps (of the Muslims) till they found the traces of dates which they had eaten at one of their camping places. The archers said, "These dates are of Yathrib (i.e. Medina)," and went on tracing the Muslims' footsteps. When `Asim and his companions became aware of them, they took refuge in a (high) place. But the enemy encircled them and said, "Come down and surrender. We give you a solemn promise and covenant that we will not kill anyone of you." `Asim bin Thabit said, "O people! As for myself, I will never get down to be under the protection of an infidel. O Allah! Inform your Prophet about us." So the archers threw their arrows at them and martyred `Asim. Three of them came down and surrendered to them, accepting their promise and covenant and they were Khubaib, Zaid bin Ad-Dathina and another man. When the archers got hold of them, they untied the strings of the arrow bows and tied their captives with them. The third man said, "This is the first proof of treachery! By Allah, I will not go with you for I follow the example of these." He meant the martyred companions. The archers dragged him and struggled with him (till they martyred him). Then Khubaib and Zaid bin Ad-Dathina were taken away by them and later on they sold them as slaves in Mecca after the event of the Badr battle. The sons of Al-Harit bin `Amr bin Naufal bought Khubaib for he was a person who had killed (their father) Al-Hari bin `Amr on the day (of the battle) of Badr. Khubaib remained imprisoned by them till they decided unanimously to kill him. One day Khubaib borrowed from a daughter of Al-Harith, a razor for shaving his pubic hair, and she lent it to him. By chance, while she was inattentive, a little son of hers went to him (i.e. Khubaib) and she saw that Khubaib had seated him on his thigh while the razor was in his hand. She was so much terrified that Khubaib noticed her fear and said, "Are you afraid that I will kill him? Never would I do such a thing." Later on (while narrating the story) she said, "By Allah, I had never seen a better captive than Khubaib. By Allah, one day I saw him eating from a bunch of grapes in his hand while he was fettered with iron chains and (at that time) there was no fruit in Mecca." She used to say," It was food Allah had provided Khubaib with." When they took him to Al-Hil out of Mecca sanctuary to martyr him, Khubaib requested them. "Allow me to offer a two-rak`at prayer." They allowed him and he prayed two rak`at and then said, "By Allah! Had I not been afraid that you would think I was worried, I would have prayed more." Then he (invoked evil upon them) saying, "O Allah! Count them and kill them one by one, and do not leave anyone of them"' Then he recited: "As I am martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, for this is for the Cause of Allah. If He wishes, He will bless the cut limbs of my body." Then Abu Sarva, 'Ubqa bin Al-Harith went up to him and killed him. It was Khubaib who set the tradition of praying for any Muslim to be martyred in captivity (before he is executed). The Prophet told his companions of what had happened (to those ten spies) on the same day they were martyred. Some Quraish people, being informed of `Asim bin Thabit's death, sent some messengers to bring a part of his body so that his death might be known for certain, for he had previously killed one of their leaders (in the battle of Badr). But Allah sent a swarm of wasps to protect the dead body of `Asim, and they shielded him from the messengers who could not cut anything from his body.

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

The Prophet sent a Sariya of spies and appointed `Asim bin Thabit, the grandfather of `Asim bin `Umar bin Al-Khattab, as their leader. So they set out, and when they reached (a place) between 'Usfan and Mecca, they were mentioned to one of the branch tribes of Bani Hudhail called Lihyan. So, about one-hundred archers followed their traces till they (i.e. the archers) came to a journey station where they (i.e. `Asim and his companions) had encamped and found stones of dates they had brought as journey food from Medina. The archers said, "These are the dates of Medina," and followed their traces till they took them over. When `Asim and his companions were not able to go ahead, they went up a high place, and their pursuers encircled them and said, "You have a covenant and a promise that if you come down to us, we will not kill anyone of you." `Asim said, "As for me, I will never come down on the security of an infidel. O Allah! Inform Your Prophet about us." So they fought with them till they killed `Asim along with seven of his companions with arrows, and there remained Khubaib, Zaid and another man to whom they gave a promise and a covenant. So when the infidels gave them the covenant and promise, they came down. When they captured them, they opened the strings of their arrow bows and tied them with it. The third man who was with them said, "This is the first breach in the covenant," and refused to accompany them. They dragged him and tried to make him accompany them, but he refused, and they killed him. Then they proceeded on taking Khubaib and Zaid till they sold them in Mecca. The sons of Al-Harith bin `Amr bin Naufal bought Khubaib. It was Khubaib who had killed Al-Harith bin `Amr on the day of Badr. Khubaib stayed with them for a while as a captive till they decided unanimously to kill him. (At that time) Khubaib borrowed a razor from one of the daughters of Al- Harith to shave his pubic hair. She gave it to him. She said later on, "I was heedless of a little baby of mine, who moved towards Khubaib, and when it reached him, he put it on his thigh. When I saw it, I got scared so much that Khubaib noticed my distress while he was carrying the razor in his hand. He said 'Are you afraid that I will kill it? Allah willing, I will never do that,' " Later on she used to say, "I have never seen a captive better than Khubaib Once I saw him eating from a bunch of grapes although at that time no fruits were available at Mecca, and he was fettered with iron chains, and in fact, it was nothing but food bestowed upon him by Allah." So they took him out of the Sanctuary (of Mecca) to kill him. He said, "Allow me to offer a two-rak`at prayer." Then he went to them and said, "Had I not been afraid that you would think I was afraid of death, I would have prayed for a longer time." So it was Khubaib who first set the tradition of praying two rak`at before being executed. He then said, "O Allah! Count them one by one," and added, 'When I am being martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, because this death is in Allah's Cause. If He wishes, He will bless the cut limbs." Then `Uqba bin Al-Harith got up and martyred him. The narrator added: The Quraish (infidels) sent some people to `Asim in order to bring a part of his body so that his death might be known for certain, for `Asim had killed one of their chiefs on the day of Badr. But Allah sent a cloud of wasps which protected his body from their messengers who could not harm his body consequently.

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