`Abdullah bin Al-Abbas and Al-Miswar bin Makhrama differed at Al-Abwa'; Ibn `Abbas said that a Muhrim could wash his head; while Al-Miswar maintained that he should not do so. `Abdullah bin `Abbas sent me to Abu Aiyub Al-Ansari and I found him bathing between the two wooden posts (of the well) and was screened with a sheet of cloth. I greeted him and he asked who I was. I replied, "I am `Abdullah bin Hunain and I have been sent to you by Ibn `Abbas to ask you how Allah's Apostle used to wash his head while in the state of lhram." Abu Aiyub Al-Ansari caught hold of the sheet of cloth and lowered it till his head appeared before me, and then told somebody to pour water on his head. He poured water on his head, and he (Abu Aiyub) rubbed his head with his hands by bringing them from back to front and from front to back and said, "I saw the Prophet doing like this."

Allah's Apostle said, "It is not sinful of a Muhrim to kill five kinds of animals."

Allah's Apostle said, "Your example and the example of Jews and Christians is like the example of a man who employed some laborers to whom he said, 'Who will work for me up to midday for one Qirat each?' The Jews carried out the work for one Qirat each; and then the Christians carried out the work up to the `Asr prayer for one Qirat each; and now you Muslims are working from the `Asr prayer up to sunset for two Qirats each. The Jews and Christians got angry and said, 'We work more and are paid less.' The employer (Allah) asked them, 'Have I usurped some of your right?' They replied in the negative. He said, 'That is My Blessing, I bestow upon whomever I wish.' "

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The Messenger of Allah, may Allah bless him and grant him peace, did not pray dhuhr and asr on the day of the Trench until after the sun had set."

Malik said, "The hadith of al- Qasim ibn Muhammad from Salih ibn Khawwat is the one I like most out of what I have heard about the fear prayer."

Yahya related to me from Malik that he used to hear the people of knowledge say,"There is no harm in fasting continuously as long as one breaks the fast on the days on which the Messenger of Allah, may Allah bless him and grant him peace, forbade fasting, namely, the days of Mina, the day of Adha and the day of Fitr, according to what we have heard."

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

One day Allah's Apostle came out (before the people) and `Abdullah bin Hudhafa stood up and asked (him) "Who is my father?" The Prophet replied, "Your father is Hudhafa." The Prophet told them repeatedly (in anger) to ask him anything they liked. `Umar knelt down before the Prophet and said thrice, "We accept Allah as (our) Lord and Islam as (our) religion and Muhammad as (our) Prophet." After that the Prophet became silent.

Whenever Allah's Apostle was given the choice of one of two matters, he would choose the easier of the two, as long as it was not sinful to do so, but if it was sinful to do so, he would not approach it. Allah's Apostle never took revenge (over anybody) for his own sake but (he did) only when Allah's Legal Bindings were outraged in which case he would take revenge for Allah's Sake.

The Prophet (saws) used to take a bath with a sa' (of water) and perform ablution with a mudd (of water)

The tradition mentioned above (No. 4243) has also been transmitted by Ibn Mas'ud through a different chain of narrators.

Ibn Mas'ud said: I heard the Prophet (saws) say: He then mentioned a portion of the tradition narrated by AbuBakrah (No. 4243).

This version adds: He (the Prophet) said: All their slain will go to Hell. I (Wabisah) asked: When will this happen Ibn Mas'ud?

He replied: This is the period of turmoil (harj) when a man will not be safe from his associates.

I asked: What do you command me (to do) if I happen to live during that period? He replied: You should restrain your tongue and hand and stay at home.

When Uthman was slain, I recollected this tradition. I then rode (on a camel) and came to Damascus. There I met Khuraym ibn Fatik and mentioned this tradition to him. He swore by Allah, there was no god but He, he had heard it from the Messenger of Allah (saws), as Ibn Mas'ud transmitted it to me (Wabisah).

l entered a house in Medina with Abu Huraira, and he saw a man making pictures at the top of the house. Abu Huraira said, "I heard Allah's Apostle saying that Allah said, 'Who would be more unjust than the one who tries to create the like of My creatures? Let them create a grain: let them create a gnat.' "Abu Huraira then asked for a water container and washed his arms up to his armpits. I said, "0 Abu i Huraira! Is this something you have heard I from Allah's Apostle?" He said, "The limit for ablution is up to the place where the ornaments will reach on the Day of Resurrection.'

Once a bedouin came to the Prophet and asked him about the migration. The Prophet said, "Mercy of Allah be on you! The migration is a quite difficult matter. Have you got some camels?" He replied in the affirmative. Then the Prophet said, "Do you give their Zakat?" He replied in the affirmative. The Prophet said, "Do you let others benefit by their milk gratis?" He replied in the affirmative. Then the Prophet asked, "Do you milk them on their watering days and give their milk to the poor and needy?" He replied in the affirmative. The Prophet, said, "Go on doing like this from beyond the seas, and there is no doubt that Allah will not overlook any of your good deeds."

(wife of the Prophet) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad- Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu- Bakr continued worshipping his Lord in his house and did not pray or recite Qur'an aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Qur'an. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Qur'an in public. We are afraid lest he mislead our women and offspring. So, go to him and tell him that if he wishes he can worship his Lord in his house only, and if not, then tell him to return your pledge of protection as we do not like to betray you by revoking your pledge, nor can we tolerate Abu Bakr's public declaration of Islam (his worshipping). `Aisha added: Ibn Ad-Daghna came to Abu Bakr and said, "You know the conditions on which I gave you protection, so you should either abide by those conditions or revoke my protection, as I do not like to hear the 'Arabs saying that Ibn Ad-Daghna gave the pledge of protection to a person and his people did not respect it." Abu Bakr said, "I revoke your pledge of protection and am satisfied with Allah's protection." At that time Allah's Apostle was still in Mecca and he said to his companions, "Your place of emigration has been shown to me. I have seen salty land, planted with date-palms and situated between two mountains which are the two ,Harras." So, when the Prophet told it, some of the companions migrated to Medina, and some of those who had migrated to Ethiopia returned to Medina. When Abu Bakr prepared for emigration, Allah's Apostle said to him, "Wait, for I expect to be permitted to emigrate." Abu Bakr asked, "May my father be sacrificed for your sake, do you really expect that?" Allah's Apostle replied in the affirmative. So, Abu Bakr postponed his departure in order to accompany Allah's Apostle and fed two camels which he had, with the leaves of Samor trees for four months.

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

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

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

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

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

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

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

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

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

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

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

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

The Prophet (saws) said: If anyone eats food and then says: "Praise be to Allah Who has fed me with this food and provided me with it through no might and power on my part," he will be forgiven his former and later sins. If anyone puts on a garment and says: "Praise be to Allah Who has clothed me with this and provided me with it through no might and power on my part," he will be forgiven his former and later sins.

Whenever Allah's Apostle was given the choice of one of two matters he would choose the easier of the two as long as it was not sinful to do so, but if it was sinful, he would not approach it. Allah's Apostle never took revenge over anybody for his own sake but (he did) only when Allah's legal bindings were outraged, in which case he would take revenge for Allah's sake." (See Hadith No. 760. Vol. 4)

The Prophet (saws) used to supplicate Allah: "My Lord, help me and do not give help against me; grant me victory, and do not grant victory over me; plan on my behalf and do not plan against me; guide me, and made my right guidance easy for me; grant me victory over those who act wrongfully towards me; O Allah, make me grateful to Thee, mindful of Thee, full of fear towards Thee, devoted to Thy obedience, humble before Thee, or penitent. My Lord, accept my repentance, wash away my sin, answer my supplication, clearly establish my evidence, guide my heart, make true my tongue and draw out malice in my breast."

The Messenger of Allah (saws) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (saws). He found the Prophet of Allah (saws) had returned and he did not conquer (Ta'if).

On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Messenger of Allah (saws). He did not leave them until they had surrendered to the command of the Messenger of Allah (saws).

Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Messenger of Allah, and I am on my way to them. They have horses with them.

The Messenger of Allah (saws) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas.

The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims.

He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt.

So he returned his aunt to him and asked the Prophet of Allah (saws): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there.

He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused.

So they came to the Prophet (saws) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused.

He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water.

He said: Yes, Prophet of Allah. I saw that the face of the Messenger of Allah (saws) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.

The Prophet got up amongst us and mentioned Al Ghulul, emphasized its magnitude and declared that it was a great sin saying, "Don't commit Ghulul for I should not like to see anyone amongst you on the Day of Ressurection, carrying over his neck a sheep that will be bleating, or carrying over his neck a horse that will be neighing. Such a man will be saying: 'O Allah's Apostle! Intercede with Allah for me,' and I will reply, 'I can't help you, for I have conveyed Allah's Message to you Nor should I like to see a man carrying over his neck, a camel that will be grunting. Such a man will say, 'O Allah's Apostle! Intercede with Allah for me, and I will say, 'I can't help you for I have conveyed Allah's Message to you,' or one carrying over his neck gold and silver and saying, 'O Allah's Apostle! Intercede with Allah for me,' and I will say, 'I can't help you for I have conveyed Allah's Message to you,' or one carrying clothes that will be fluttering, and the man will say, 'O Allah's Apostle! Intercede with Allah for me.' And I will say, 'I can't help you, for I have conveyed Allah's Message to you."

AbdurRahman ibn Samurah said: I was holding the hand of Ibn Umar on one of the ways of Medina. He suddenly came to a hanging head. He said: Unhappy is the one who killed him. When he proceeded, he said: I do not consider him but unfortunate. I heard the Messenger of Allah (saws) say: If anyone goes to a man of my community in order to kill him, he should say in this way, the one who kills will go to Hell and the one who is killed will go to Paradise.

Abu Dawud said: Al-Thawri has transmitted it from 'Awn from 'Abd al-Rahman b. Sumair or Sumairah ; and Laith b. Abu Sulaim transmitted it from 'Awn from 'Abd al-Rahman b. Sumairah.

Abu Dawud said: Al-Hasan b. 'Ali said to me: Abu al-Walid transmitted this tradition to us from Abu 'Awanah, and said: It (the name Ibn Samurah) is in my notebook Ibn Sabrah. The people also transmitted it as Samurah and Sumairah. These are wordings of Abu al-Walid.

Bahira is a she-camel whose milk is kept for the idols and nobody is allowed to milk it; Sa'iba was the she-camel which they used to set free for their gods and nothing was allowed to be carried on it. Abu Huraira said: Allah's Apostle said, "I saw `Amr bin 'Amir Al-Khuza`i (in a dream) dragging his intestines in the Fire, and he was the first person to establish the tradition of setting free the animals (for the sake of their deities)," Wasila is the she-camel which gives birth to a she-camel as its first delivery, and then gives birth to another she-camel as its second delivery. People (in the Pre-lslamic periods of ignorance) used to let that she camel loose for their idols if it gave birth to two she-camels successively without giving birth to a male camel in between. 'Ham' was the male camel which was used for copulation. When it had finished the number of copulations assigned for it, they would let it loose for their idols and excuse it from burdens so that nothing would be carried on it, and they called it the 'Hami.' Abu Huraira said, "I heard the Prophet saying so."

The Prophet once offered the eclipse prayer. He stood for a long time and then did a prolonged bowing. He stood up straight again and kept on standing for a long time, then bowed a long bowing and then stood up straight and then prostrated a prolonged prostration and then lifted his head and prostrated a prolonged prostration. And then he stood up for a long time and then did a prolonged bowing and then stood up straight again and kept on standing for a long time. Then he bowed a long bowing and then stood up straight and then prostrated a prolonged prostration and then lifted his head and went for a prolonged prostration. On completion o the prayer, he said, "Paradise became s near to me that if I had dared, I would have plucked one of its bunches for you and Hell became so near to me that said, 'O my Lord will I be among those people?' Then suddenly I saw a woman and a cat was lacerating her with it claws. On inquiring, it was said that the woman had imprisoned the cat till it died of starvation and she neither fed it no freed it so that it could feed itself."

[He said:] There are narrations on this topic from Abu Sa'eed and 'Atiyyah Al-Qurazi.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Once I went to Medina where there was an outbreak of disease and the people were dying rapidly. I was sitting with `Umar and a funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed" (Paradise). Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed." (Paradise). Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed (Paradise)." Then a third funeral procession passed by and the people talked badly of the deceased. `Umar said, "It has been affirmed (Hell)." I asked `Umar, "O chief of the believers! What has been affirmed?" He said, "I have said what the Prophet said. He said, 'Allah will admit into paradise any Muslim whose good character is attested by four persons.' We asked the Prophet, 'If there were three witnesses only?' He said, 'Even three.' We asked, 'If there were two only?' He said, 'Even two.' But we did not ask him about one witness."

When the verse: "O ye who believe! eat not up your property among yourselves in vanities, but let there be amongst you traffic and trade by mutual good will" was revealed, a man thought it a sin to eat in the house of another man after the revelation of this verse.

Then this (injunction) was revealed by the verse in Surat an-Nur: "No blame on you whether you eat in company or separately."

When a rich man (after revelation) invited a man from his people to eat food in his house, he would say: I consider it a sin to eat from it, and he said: a poor man is more entitled to it than I. The Arabic word tajannah means sin or fault. It was then declared lawful to eat something on which the name of Allah was mentioned, and it was made lawful to eat the flesh of an animal slaughtered by the people of the Book.

Once the Prophet asked for a tumbler containing water. He washed his hands and face in it and also threw a mouthful of water in it.

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

The Prophet said, "On a land irrigated by rain water or by natural water channels or if the land is wet due to a near by water channel Ushr (i.e. one-tenth) is compulsory (as Zakat); and on the land irrigated by the well, half of an Ushr (i.e. one-twentieth) is compulsory (as Zakat on the yield of the land)."

A man asked the Messenger of Allah (saws): Messenger of Allah, we travel on the sea and take a small quantity of water with us. If we use this for ablution, we would suffer from thirst. Can we perform ablution with sea water? The Messenger (saws) replied: Its water is pure and what dies in it is lawful food.

A bowl of water was brought to the Prophet while he was at Az-Zawra. He placed his hand in it and the water started flowing among his fingers. All the people performed ablution (with that water). Qatada asked Anas, "How many people were you?" Anas replied, "Three hundred or nearly three hundred."