Malik said, "The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba, and some are responsible for others, and they are not reduced anything by the death of one of the responsible ones, and then one of them says, 'I can't do it,' and gives up, his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed, if they are freed, or remain slaves if they remain slaves."

Malik said, "The generally agreed on way of doing things among us is that when a master gives a slave his kitaba, it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba, and then the master of the mukatab pursues that from the one who assumes the responsibility, he takes his money falsely. It is not as if he is buying the mukatab, so that what he gives is part of the price of something that is his, and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which, when it is paid by the mukatab, sets him free. If the mukatab dies and has a debt, his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments, and he owes debts to people, he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person."

Malik said, "When people are written together in one kitaba and there is no kinship between them by which they inherit from each other, and some of them are responsible for others, then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them, it pays all that is against them . The excess of the property goes to the master, and none of those who have been written in the kitaba with the deceased have any of the excess. The master's claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased, because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba, it does not inherit from him because the mukatab was not freed until he died."

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."

Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."

Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

Who, from among Ka`b's sons, was the guide of Ka`b when he became blind: I heard Ka`b bin Malik narrating the story of (the Ghazwa of) Tabuk in which he failed to take part. Ka`b said, "I did not remain behind Allah's Apostle in any Ghazwa that he fought except the Ghazwa of Tabuk, and I failed to take part in the Ghazwa of Badr, but Allah did not admonish anyone who had not participated in it, for in fact, Allah's Apostle had gone out in search of the caravan of Quraish till Allah made them (i.e. the Muslims) and their enemy meet without any appointment. I witnessed the night of Al-`Aqaba (pledge) with Allah's Apostle when we pledged for Islam, and I would not exchange it for the Badr battle although the Badr battle is more popular amongst the people than it (i.e. Al-`Aqaba pledge). As for my news (in this battle of Tabuk), I had never been stronger or wealthier than I was when I remained behind the Prophet in that Ghazwa. By Allah, never had I two she-camels before, but I had then at the time of this Ghazwa. Whenever Allah's Apostle wanted to make a Ghazwa, he used to hide his intention by apparently referring to different Ghazwa till it was the time of that Ghazwa (of Tabuk) which Allah's Apostle fought in severe heat, facing, a long journey, desert, and the great number of enemy. So the Prophet announced to the Muslims clearly (their destination) so that they might get prepared for their Ghazwa. So he informed them clearly of the destination he was going to. Allah's Apostle was accompanied by a large number of Muslims who could not be listed in a book namely, a register." Ka`b added, "Any man who intended to be absent would think that the matter would remain hidden unless Allah revealed it through Divine Revelation. So Allah's Apostle fought that Ghazwa at the time when the fruits had ripened and the shade looked pleasant. Allah's Apostle and his companions prepared for the battle and I started to go out in order to get myself ready along with them, but I returned without doing anything. I would say to myself, 'I can do that.' So I kept on delaying it every now and then till the people got ready and Allah's Apostle and the Muslims along with him departed, and I had not prepared anything for my departure, and I said, I will prepare myself (for departure) one or two days after him, and then join them.' In the morning following their departure, I went out to get myself ready but returned having done nothing. Then again in the next morning, I went out to get ready but returned without doing anything. Such was the case with me till they hurried away and the battle was missed (by me). Even then I intended to depart to take them over. I wish I had done so! But it was not in my luck. So, after the departure of Allah's Apostle, whenever I went out and walked amongst the people (i.e, the remaining persons), it grieved me that I could see none around me, but one accused of hypocrisy or one of those weak men whom Allah had excused. Allah's Apostle did not remember me till he reached Tabuk. So while he was sitting amongst the people in Tabuk, he said, 'What did Ka`b do?' A man from Banu Salama said, 'O Allah's Apostle! He has been stopped by his two Burdas (i.e. garments) and his looking at his own flanks with pride.' Then Mu`adh bin Jabal said, 'What a bad thing you have said! By Allah! O Allahs Apostle! We know nothing about him but good.' Allah's Apostle kept silent." Ka`b bin Malik added, "When I heard that he (i.e. the Prophet ) was on his way back to Medina. I got dipped in my concern, and began to think of false excuses, saying to myself, 'How can I avoid his anger tomorrow?' And I took the advice of wise member of my family in this matter. When it was said that Allah's Apostle, had come near all the evil false excuses abandoned from my mind and I knew well that I could never come out of this problem by forging a false statement. Then I decided firmly to speak the truth. So Allah's Apostle arrived in the morning, and whenever he returned from a journey., he used to visit the Mosque first of all and offer a two-rak`at prayer therein and then sit for the people. So when he had done all that (this time), those who had failed to join the battle (of Tabuk) came and started offering (false) excuses and taking oaths before him. They were something over eighty men; Allah's Apostle accepted the excuses they had expressed, took their pledge of allegiance asked for Allah's Forgiveness for them, and left the secrets of their hearts for Allah to judge. Then I came to him, and when I greeted him, he smiled a smile of an angry person and then said, 'Come on.' So I came walking till I sat before him. He said to me, 'What stopped you from joining us. Had you not purchased an animal For carrying you?' I answered, "Yes, O Allah's Apostle! But by Allah, if I were sitting before any person from among the people of the world other than you, I would have avoided his anger with an excuse. By Allah, I have been bestowed with the power of speaking fluently and eloquently, but by Allah, I knew well that if today I tell you a lie to seek your favor, Allah would surely make you angry with me in the near future, but if I tell you the truth, though you will get angry because of it, I hope for Allah's Forgiveness. Really, by Allah, there was no excuse for me. By Allah, I had never been stronger or wealthier than I was when I remained behind you.' Then Allah's Apostle said, 'As regards this man, he has surely told the truth. So get up till Allah decides your case.' I got up, and many men of Banu Salama followed me and said to me. 'By Allah, we never witnessed you doing any sin before this. Surely, you failed to offer excuse to Allah's Apostle as the others who did not join him, have offered. The prayer of Allah's Apostle to Allah to forgive you would have been sufficient for you.' By Allah, they continued blaming me so much that I intended to return (to the Prophet) and accuse myself of having told a lie, but I said to them, 'Is there anybody else who has met the same fate as I have?' They replied, 'Yes, there are two men who have said the same thing as you have, and to both of them was given the same order as given to you.' I said, 'Who are they?' They replied, Murara bin Ar-Rabi Al- Amri and Hilal bin Umaiya Al-Waqifi.' By that they mentioned to me two pious men who had attended the Ghazwa (Battle) of Badr, and in whom there was an example for me. So I did not change my mind when they mentioned them to me. Allah's Apostle forbade all the Muslims to talk to us, the three aforesaid persons out of all those who had remained behind in that Ghazwa. So we kept away from the people and they changed their attitude towards us till the very land (where I lived) appeared strange to me as if I did not know it. We remained in that condition for fifty nights. As regards my two fellows, they remained in their houses and kept on weeping, but I was the youngest of them and the firmest of them, so I used to go out and witness the prayers along with the Muslims and roam about in the markets, but none would talk to me, and I would come to Allah's Apostle and greet him while he was sitting In his gathering after the prayer, and I would wonder whether the Prophet did move his lips in return to my greetings or not. Then I would offer my prayer near to him and look at him stealthily. When I was busy with my prayer, he would turn his face towards me, but when I turned my face to him, he would turn his face away from me. When this harsh attitude of the people lasted long, I walked till I scaled the wall of the garden of Abu Qatada who was my cousin and dearest person to me, and I offered my greetings to him. By Allah, he did not return my greetings. I said, 'O Abu Qatada! I beseech you by Allah! Do you know that I love Allah and His Apostle?' He kept quiet. I asked him again, beseeching him by Allah, but he remained silent. Then I asked him again in the Name of Allah. He said, "Allah and His Apostle know it better.' Thereupon my eyes flowed with tears and I returned and jumped over the wall." Ka`b added, "While I was walking in the market of Medina, suddenly I saw a Nabati (i.e. a Christian farmer) from the Nabatis of Sham who came to sell his grains in Medina, saying, 'Who will lead me to Ka`b bin Malik?' The people began to point (me) out for him till he came to me and handed me a letter from the king of Ghassan in which the following was written: "To proceed, I have been informed that your friend (i.e. the Prophet ) has treated you harshly. Anyhow, Allah does not let you live at a place where you feel inferior and your right is lost. So join us, and we will console you." When I read it, I said to myself, 'This is also a sort of a test.' Then I took the letter to the oven and made a fire therein by burning it. When forty out of the fifty nights elapsed, behold ! There came to me the messenger of Allah's Apostle and said, 'Allah's Apostle orders you to keep away from your wife,' I said, 'Should I divorce her; or else! what should I do?' He said, 'No, only keep aloof from her and do not cohabit her.' The Prophet sent the same message to my two fellows. Then I said to my wife. 'Go to your parents and remain with them till Allah gives His Verdict in this matter." Ka`b added, "The wife of Hilal bin Umaiya came to Apostle and said, 'O Allah's Apostle! Hilal bin Umaiya is a helpless old man who has no servant to attend on him. Do you dislike that I should serve him? ' He said, 'No (you can serve him) but he should not come near you.' She said, 'By Allah, he has no desire for anything. By, Allah, he has never ceased weeping till his case began till this day of his.' (continued...) (continuing... 1): -5.702:... ... On that, some of my family members said to me, 'Will you also ask Allah's Apostle to permit your wife (to serve you) as he has permitted the wife of Hilal bin Umaiya to serve him?' I said, 'By Allah, I will not ask the permission of Allah's Apostle regarding her, for I do not know What Allah's Apostle would say if I asked him to permit her (to serve me) while I am a young man.' Then I remained in that state for ten more nights after that till the period of fifty nights was completed starting from the time when Allah's Apostle prohibited the people from talking to us. When I had offered the Fajr prayer on the 50th morning on the roof of one of our houses and while I was sitting in the condition which Allah described (in the Qur'an) i.e. my very soul seemed straitened to me and even the earth seemed narrow to me for all its spaciousness, there I heard the voice of one who had ascended the mountain of Sala' calling with his loudest voice, 'O Ka`b bin Malik! Be happy (by receiving good tidings).' I fell down in prostration before Allah, realizing that relief has come. Allah's Apostle had announced the acceptance of our repentance by Allah when he had offered the Fajr prayer. The people then went out to congratulate us. Some bringers of good tidings went out to my two fellows, and a horseman came to me in haste, and a man of Banu Aslam came running and ascended the mountain and his voice was swifter than the horse. When he (i.e. the man) whose voice I had heard, came to me conveying the good tidings, I took off my garments and dressed him with them; and by Allah, I owned no other garments than them on that day. Then I borrowed two garments and wore them and went to Allah's Apostle. The people started receiving me in batches, congratulating me on Allah's Acceptance of my repentance, saying, 'We congratulate you on Allah's Acceptance of your repentance." Ka`b further said, "When I entered the Mosque. I saw Allah's Apostle sitting with the people around him. Talha bin Ubaidullah swiftly came to me, shook hands with me and congratulated me. By Allah, none of the Muhajirin (i.e. Emigrants) got up for me except him (i.e. Talha), and I will never forget this for Talha." Ka`b added, "When I greeted Allah's Apostle he, his face being bright with joy, said "Be happy with the best day that you have got ever since your mother delivered you." Ka`b added, "I said to the Prophet 'Is this forgiveness from you or from Allah?' He said, 'No, it is from Allah.' Whenever Allah's Apostle became happy, his face would shine as if it were a piece of moon, and we all knew that characteristic of him. When I sat before him, I said, 'O Allah's Apostle! Because of the acceptance of my repentance I will give up all my wealth as alms for the Sake of Allah and His Apostle. Allah's Apostle said, 'Keep some of your wealth, as it will be better for you.' I said, 'So I will keep my share from Khaibar with me,' and added, 'O Allah's Apostle! Allah has saved me for telling the truth; so it is a part of my repentance not to tell but the truth as long as I am alive. By Allah, I do not know anyone of the Muslims whom Allah has helped fortelling the truth more than me. Since I have mentioned that truth to Allah's Apostle till today, I have never intended to tell a lie. I hope that Allah will also save me (from telling lies) the rest of my life. So Allah revealed to His Apostle the Verse:-- "Verily, Allah has forgiven the Prophet, the Muhajirin (i.e. Emigrants (up to His Saying) And be with those who are true (in word and deed)." (9.117-119) By Allah, Allah has never bestowed upon me, apart from His guiding me to Islam, a Greater blessing than the fact that I did not tell a lie to Allah's Apostle which would have caused me to perish as those who have told a lie perished, for Allah described those who told lies with the worst description He ever attributed to anybody else. Allah said:-- "They (i.e. the hypocrites) will swear by Allah to you when you return to them (up to His Saying) Certainly Allah is not pleased with the rebellious people-- " (9.95-96) Ka`b added, "We, the three persons, differed altogether from those whose excuses Allah's Apostle accepted when they swore to him. He took their pledge of allegiance and asked Allah to forgive them, but Allah's Apostle left our case pending till Allah gave His Judgment about it. As for that Allah said):-- And to the three (He did for give also) who remained behind." (9.118) What Allah said (in this Verse) does not indicate our failure to take part in the Ghazwa, but it refers to the deferment of making a decision by the Prophet about our case in contrast to the case of those who had taken an oath before him and he excused them by accepting their excuses.

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that he heard Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham say, "My father and I were with Marwan ibn al Hakam at the time when he was amir of Madina, and someone mentioned to him that Abu Hurayra used to say, 'If someone begins the morning junub, he has broken the fast for that day.' Marwan said, 'I swear to you, Abdar-Rahman, you must go to the two umm al muminin, A'isha and Umm Salama, and ask them about it.'

''Abd ar-Rahman went to visit A'isha and I accompanied him. He greeted her and then said, 'Umm al-muminin, we were with Marwan ibn al Hakam and someone mentioned to him that Abu Hurayra used to say that if some one had begun the morning junub, he had broken the fast for that day.' A'isha said, 'It is not as Abu Hurayra says Abd ar-Rahman. Do you dislike what the Messenger of Allah, may Allah bless him and grant him peace, used to do?', and Abd ar-Rahman said, 'No, by Allah.' A'isha said, 'I bear witness that the Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, and would then fast for that day.' "

He continued, "Then we went and visited Umm Salama, and Abd ar- Rahman asked her about the same matter and she said the same as A'isha had said. Then we went off until we came to Marwan ibn al-Hakam Abd ar-Rahman told him what they had both said and Marwan said, 'I swear to you, Abu Muhammad, you must use the mount which is at the door, and go to Abu Hurayra, who is on his land at al Aqiq, and tell him this.' So Abd ar-Rahman rode off, and I went with him, until we came to Abu Hurayra. Abd ar-Rahman talked with him for a while, and then mentioned the matter to him, and Abu Hurayra said, 'I don't know anything about it. I was just told that by someone.'"

Yahya said that Malik spoke about an investor who gave qirad money to a man, and then the man sought a loan from the investor or the investor borrowed money from the agent, or the investor left goods with the agent to sell for him, or the investor gave the agent dinars to buy goods with. Malik said, "There is no harm if the investor leaves his goods with him knowing that if the agent did not have his money and he had asked a similar thing of him, he would have still done it because of the brotherhood between them or because it would have been no bother to him and that had the agent refused that, he would not have removed his capital from him. Or if the agent had borrowed from the investor or carried his goods for him and he knew that if the investor had not had his capital with him, he would have still done the same for him, and had he refused that to him, he would not have returned his capital to him. If that is true between both of them and it is in the way of a favour between them and it is not a condition in the terms of the qirad, it is permitted and there is no harm in it. If a condition comes into it, or it is feared that the agent is only doing it for the investor in order to safeguard the capital in his possession, or the investor is only doing it because the agent has taken his capital and will not return it to him, that is not permitted in qirad and it is part of what the people of knowledge forbid.' "

Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."

Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."

Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."

Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."

Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Yaqub that Abu Said, the mawla of Amir ibn Kuraz told him that the Messenger of Allah, may Allah bless him and grant him peace, called toUbayy ibn Kab while he was praying. When Ubayy had finished his prayer he joined the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah put his hand upon his hand, and he was intending to leave by the door of the mosque, so the Messenger of Allah, may Allah bless him and grant him peace, said, "I hope that you will not leave the mosque until you know a sura whose like Allah has notsentdown in the Tawrah nor in the Injil nor in the Qur'an." Ubayysaid, "I began to slow down my pace in the hope of that. Then I said, 'Messenger of Allah, the sura you promised me!' He said, 'What do you recite when you begin the prayer?' I recited the Fatiha (Sura 1 ) until I came to the end of it, and the Messengerof Allah, may Allah bless him and grant him peace, said, 'It is this sura, and it is the "seven oft-repeated" and the Great Qur'an which I was given.' "

I saw `Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with Hudhaifa bin Al-Yaman and `Uthman bin Hunaif to whom he said, "What have you done? Do you think that you have imposed more taxation on the land (of As-Swad i.e. 'Iraq) than it can bear?" They replied, "We have imposed on it what it can bear because of its great yield." `Umar again said, "Check whether you have imposed on the land what it can not bear." They said, "No, (we haven't)." `Umar added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after me." But only four days had elapsed when he was stabbed (to death ). The day he was stabbed, I was standing and there was nobody between me and him (i.e. `Umar) except `Abdullah bin `Abbas. Whenever `Umar passed between the two rows, he would say, "Stand in straight lines." When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would recite Surat Yusuf or An-Nahl or the like in the first rak`a so that the people may have the time to Join the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that he had been captured, the non-Arab infidel killed himself, `Umar held the hand of `Abdur-Rahman bin `Auf and let him lead the prayer. Those who were standing by the side of `Umar saw what I saw, but the people who were in the other parts of the Mosque did not see anything, but they lost the voice of `Umar and they were saying, "Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." `Abdur-Rahman bin `Auf led the people a short prayer. When they finished the prayer, `Umar said, "O Ibn `Abbas! Find out who attacked me." Ibn `Abbas kept on looking here and there for a short time and came to say. "The slave of Al Mughira." On that `Umar said, "The craftsman?" Ibn `Abbas said, "Yes." `Umar said, "May Allah curse him. I did not treat him unjustly. All the Praises are for Allah Who has not caused me to die at the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to love to have more non-Arab infidels in Medina." Al-Abbas had the greatest number of slaves. Ibn `Abbas said to `Umar. "If you wish, we will do." He meant, "If you wish we will kill them." `Umar said, "You are mistaken (for you can't kill them) after they have spoken your language, prayed towards your Qibla, and performed Hajj like yours." Then `Umar was carried to his house, and we went along with him, and the people were as if they had never suffered a calamity before. Some said, "Do not worry (he will be Alright soon)." Some said, "We are afraid (that he will die)." Then an infusion of dates was brought to him and he drank it but it came out (of the wound) of his belly. Then milk was brought to him and he drank it, and it also came out of his belly. The people realized that he would die. We went to him, and the people came, praising him. A young man came saying, "O chief of the believers! Receive the glad tidings from Allah to you due to your company with Allah's Apostle and your superiority in Islam which you know. Then you became the ruler (i.e. Caliph) and you ruled with justice and finally you have been martyred." `Umar said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose nor gain anything." When the young man turned back to leave, his clothes seemed to be touching the ground. `Umar said, "Call the young man back to me." (When he came back) `Umar said, "O son of my brother! Lift your clothes, for this will keep your clothes clean and save you from the Punishment of your Lord." `Umar further said, "O `Abdullah bin `Umar! See how much I am in debt to others." When the debt was checked, it amounted to approximately eighty-six thousand. `Umar said, "If the property of `Umar's family covers the debt, then pay the debt thereof; otherwise request it from Bani `Adi bin Ka`b, and if that too is not sufficient, ask for it from Quraish tribe, and do not ask for it from any one else, and pay this debt on my behalf." `Umar then said (to `Abdullah), "Go to `Aisha (the mother of the believers) and say: "`Umar is paying his salutation to you. But don't say: 'The chief of the believers,' because today I am not the chief of the believers. And say: "`Umar bin Al-Khattab asks the permission to be buried with his two companions (i.e. the Prophet, and Abu Bakr)." `Abdullah greeted `Aisha and asked for the permission for entering, and then entered to her and found her sitting and weeping. He said to her, "`Umar bin Al-Khattab is paying his salutations to you, and asks the permission to be buried with his two companions." She said, "I had the idea of having this place for myself, but today I prefer `Umar to myself." When he returned it was said (to `Umar), "`Abdullah bin `Umar has come." `Umar said, "Make me sit up." Somebody supported him against his body and `Umar asked (`Abdullah), "What news do you have?" He said, "O chief of the believers! It is as you wish. She has given the permission." `Umar said, "Praise be to Allah, there was nothing more important to me than this. So when I die, take me, and greet `Aisha and say: "`Umar bin Al-Khattab asks the permission (to be buried with the Prophet ), and if she gives the permission, bury me there, and if she refuses, then take me to the grave-yard of the Muslims." Then Hafsa (the mother of the believers) came with many other women walking with her. When we saw her, we went away. She went in (to `Umar) and wept there for sometime. When the men asked for permission to enter, she went into another place, and we heard her weeping inside. The people said (to `Umar), "O chief of the believers! Appoint a successor." `Umar said, "I do not find anyone more suitable for the job than the following persons or group whom Allah's Apostle had been pleased with before he died." Then `Umar mentioned `Ali, `Uthman, AzZubair, Talha, Sa`d and `Abdur-Rahman (bin `Auf) and said, "Abdullah bin `Umar will be a witness to you, but he will have no share in the rule. His being a witness will compensate him for not sharing the right of ruling. If Sa`d becomes the ruler, it will be alright: otherwise, whoever becomes the ruler should seek his help, as I have not dismissed him because of disability or dishonesty." `Umar added, "I recommend that my successor takes care of the early emigrants; to know their rights and protect their honor and sacred things. I also recommend that he be kind to the Ansar who had lived in Medina before the emigrants and Belief had entered their hearts before them. I recommend that the (ruler) should accept the good of the righteous among them and excuse their wrong-doers, and I recommend that he should do good to all the people of the towns (Al-Ansar), as they are the protectors of Islam and the source of wealth and the source of annoyance to the enemy. I also recommend that nothing be taken from them except from their surplus with their consent. I also recommend that he do good to the 'Arab bedouin, as they are the origin of the 'Arabs and the material of Islam. He should take from what is inferior, amongst their properties and distribute that to the poor amongst them. I also recommend him concerning Allah's and His Apostle's protectees (i.e. Dhimmis) to fulfill their contracts and to fight for them and not to overburden them with what is beyond their ability." So when `Umar expired, we carried him out and set out walking. `Abdullah bin `Umar greeted (`Aisha) and said, "`Umar bin Al-Khattab asks for the permission." `Aisha said, "Bring him in." He was brought in and buried beside his two companions. When he was buried, the group (recommended by `Umar) held a meeting. Then `Abdur-Rahman said, " Reduce the candidates for rulership to three of you." Az-Zubair said, "I give up my right to `Ali." Talha said, "I give up my right to `Uthman," Sa`d, 'I give up my right to `Abdur-Rahman bin `Auf." `Abdur-Rahman then said (to `Uthman and `Ali), "Now which of you is willing to give up his right of candidacy to that he may choose the better of the (remaining) two, bearing in mind that Allah and Islam will be his witnesses." So both the sheiks (i.e. `Uthman and `Ali) kept silent. `Abdur-Rahman said, "Will you both leave this matter to me, and I take Allah as my Witness that I will not choose but the better of you?" They said, "Yes." So `Abdur-Rahman took the hand of one of them (i.e. `Ali) and said, "You are related to Allah's Apostle and one of the earliest Muslims as you know well. So I ask you by Allah to promise that if I select you as a ruler you will do justice, and if I select `Uthman as a ruler you will listen to him and obey him." Then he took the other (i.e. `Uthman) aside and said the same to him. When `Abdur-Rahman secured (their agreement to) this covenant, he said, "O `Uthman! Raise your hand." So he (i.e. `Abdur-Rahman) gave him (i.e. `Uthman) the solemn pledge, and then `Ali gave him the pledge of allegiance and then all the (Medina) people gave him the pledge of allegiance.

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

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

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

The first lady to use a girdle was the mother of Ishmael. She used a girdle so that she might hide her tracks from Sarah. Abraham brought her and her son Ishmael while she was suckling him, to a place near the Ka`ba under a tree on the spot of Zamzam, at the highest place in the mosque. During those days there was nobody in Mecca, nor was there any water So he made them sit over there and placed near them a leather bag containing some dates, and a small water-skin containing some water, and set out homeward. Ishmael's mother followed him saying, "O Abraham! Where are you going, leaving us in this valley where there is no person whose company we may enjoy, nor is there anything (to enjoy)?" She repeated that to him many times, but he did not look back at her Then she asked him, "Has Allah ordered you to do so?" He said, "Yes." She said, "Then He will not neglect us," and returned while Abraham proceeded onwards, and on reaching the Thaniya where they could not see him, he faced the Ka`ba, and raising both hands, invoked Allah saying the following prayers: 'O our Lord! I have made some of my offspring dwell in a valley without cultivation, by Your Sacred House (Ka`ba at Mecca) in order, O our Lord, that they may offer prayer perfectly. So fill some hearts among men with love towards them, and (O Allah) provide them with fruits, so that they may give thanks.' (14.37) Ishmael's mother went on suckling Ishmael and drinking from the water (she had). When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at him (i.e. Ishmael) tossing in agony; She left him, for she could not endure looking at him, and found that the mountain of Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from Safa and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble, till she crossed the valley and reached the Marwa mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between Safa and Marwa) seven times." The Prophet said, "This is the source of the tradition of the walking of people between them (i.e. Safa and Marwa). When she reached the Marwa (for the last time) she heard a voice and she asked herself to be quiet and listened attentively. She heard the voice again and said, 'O, (whoever you may be)! You have made me hear your voice; have you got something to help me?" And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or his wing), till water flowed from that place. She started to make something like a basin around it, using her hand in this way, and started filling her water-skin with water with her hands, and the water was flowing out after she had scooped some of it." The Prophet added, "May Allah bestow Mercy on Ishmael's mother! Had she let the Zamzam (flow without trying to control it) (or had she not scooped from that water) (to fill her water-skin), Zamzam would have been a stream flowing on the surface of the earth." The Prophet further added, "Then she drank (water) and suckled her child. The angel said to her, 'Don't be afraid of being neglected, for this is the House of Allah which will be built by this boy and his father, and Allah never neglects His people.' The House (i.e. Ka`ba) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She lived in that way till some people from the tribe of Jurhum or a family from Jurhum passed by her and her child, as they (i.e. the Jurhum people) were coming through the way of Kada'. They landed in the lower part of Mecca where they saw a bird that had the habit of flying around water and not leaving it. They said, 'This bird must be flying around water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came (towards the water)." The Prophet added, "Ishmael's mother was sitting near the water. They asked her, 'Do you allow us to stay with you?" She replied, 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet further said, "Ishmael's mother was pleased with the whole situation as she used to love to enjoy the company of the people. So, they settled there, and later on they sent for their families who came and settled with them so that some families became permanent residents there. The child (i.e. Ishmael) grew up and learnt Arabic from them and (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty they made him marry a woman from amongst them. After Ishmael's mother had died, Abraham came after Ishmael's marriage in order to see his family that he had left before, but he did not find Ishmael there. When he asked Ishmael's wife about him, she replied, 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied, 'We are living in misery; we are living in hardship and destitution,' complaining to him. He said, 'When your husband returns, convey my salutation to him and tell him to change the threshold of the gate (of his house).' When Ishmael came, he seemed to have felt something unusual, so he asked his wife, 'Has anyone visited you?' She replied, 'Yes, an old man of so-and-so description came and asked me about you and I informed him, and he asked about our state of living, and I told him that we were living in a hardship and poverty.' On that Ishmael said, 'Did he advise you anything?' She replied, 'Yes, he told me to convey his salutation to you and to tell you to change the threshold of your gate.' Ishmael said, 'It was my father, and he has ordered me to divorce you. Go back to your family.' So, Ishmael divorced her and married another woman from amongst them (i.e. Jurhum). Then Abraham stayed away from them for a period as long as Allah wished and called on them again but did not find Ishmael. So he came to Ishmael's wife and asked her about Ishmael. She said, 'He has gone in search of our livelihood.' Abraham asked her, 'How are you getting on?' asking her about their sustenance and living. She replied, 'We are prosperous and well-off (i.e. we have everything in abundance).' Then she thanked Allah' Abraham said, 'What kind of food do you eat?' She said. 'Meat.' He said, 'What do you drink?' She said, 'Water." He said, "O Allah! Bless their meat and water." The Prophet added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet added, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected, unless he lives in Mecca." The Prophet added," Then Abraham said Ishmael's wife, "When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his gate.' When Ishmael came back, he asked his wife, 'Did anyone call on you?' She replied, 'Yes, a good-looking old man came to me,' so she praised him and added. 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in a good condition.' Ishmael asked her, 'Did he give you any piece of advice?' She said, 'Yes, he told me to give his regards to you and ordered that you should keep firm the threshold of your gate.' On that Ishmael said, 'It was my father, and you are the threshold (of the gate). He has ordered me to keep you with me.' Then Abraham stayed away from them for a period as long as Allah wished, and called on them afterwards. He saw Ishmael under a tree near Zamzam, sharpening his arrows. When he saw Abraham, he rose up to welcome him (and they greeted each other as a father does with his son or a son does with his father). Abraham said, 'O Ishmael! Allah has given me an order.' Ishmael said, 'Do what your Lord has ordered you to do.' Abraham asked, 'Will you help me?' Ishmael said, 'I will help you.' Abraham said, Allah has ordered me to build a house here,' pointing to a hillock higher than the land surrounding it." The Prophet added, "Then they raised the foundations of the House (i.e. the Ka`ba). Ishmael brought the stones and Abraham was building, and when the walls became high, Ishmael brought this stone and put it for Abraham who stood over it and carried on building, while Ishmael was handing him the stones, and both of them were saying, 'O our Lord! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing.' The Prophet added, "Then both of them went on building and going round the Ka`ba saying: O our Lord ! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing." (2.127)

We came upon the Messenger of Allah (saws) in a deputation of Thaqif. The signatories of the pact came to al-Mughirah ibn Shu'bah as his guests. The Messenger of Allah (saws) made Banu-Malik stay in a tent of his.

Musaddad's version says: He was in the deputation of Thaqif which came to the Messenger of Allah (saws). He used to visit and have a talk with us every day after the night prayer.

The version of AbuSa'id says: He remained standing for such a long time (talking to us) that he put his weight sometimes on one leg and sometimes on the other due to his long stay. He mostly told us how his people, the Quraysh, behaved with him.

He would say: We were not equal; we were weak and degraded at Mecca (according to Musaddad's version). When we came over to Medina the fighting began between us; sometimes we overcome them and at other times they overcome us. One night he came late and did not come at the time he used to come.

We asked him: You came late tonight? He said: I could not recite the fixed part of the Qur'an that I used to recite every day. I disliked to come till I had completed it.

Aws said: I asked the companions of the Messenger of Allah (saws): How do you divide the Qur'an for daily recitation? They said: Three surahs, five surahs, eleven surahs, thirteen surahs' mufassal surahs.

Abu Dawud said: The version of Abu Sa'id is complete.