We came out for performing hajj along with the Messenger of Allah (saws). When we reached al-Araj, the Messenger of Allah (saws) alighted and we also alighted. Aisha sat beside the Messenger of Allah (saws) and I sat beside my father (AbuBakr). The equipment and personal effects of AbuBakr and of the Messenger of Allah (saws) were placed with AbuBakr's slave on a camel. AbuBakr was sitting and waiting for his arrival. He arrived but he had no camel with him. He asked:

Where is your camel? He replied: I lost it last night. AbuBakr said: There was only one camel, even that you have lost. He then began to beat him while the Messenger of Allah (saws) was smiling and saying: Look at this man who is in the sacred state (putting on ihram), what is he doing?

Ibn AbuRizmah said: The Messenger of Allah (saws) spoke nothing except the words: Look at this man who is in the sacred state (wearing ihram), what is he doing? He was smiling (when he uttered these words).

Makhul said: I was the slave of a woman of Banu Hudhayl; afterwards she emancipated me. I did not leave Egypt until I had acquired all the knowledge that seemed to me to exist there.

I then came to al-Hijaz and I did not leave it until I had acquired all the knowledge that seemed to be available.

Then I came to al-Iraq, and I did not leave it until I had acquired all the knowledge that seemed to be available.

I then came to Syria, and besieged it. I asked everyone about giving rewards from the booty. I did not find anyone who could tell me anything about it.

I then met an old man called Ziyad ibn Jariyah at-Tamimi. I asked him: Have you heard anything about giving rewards from the booty? He replied: Yes. I heard Maslamah al-Fihri say: I was present with the Prophet (saws).

He gave a quarter of the spoils on the outward journey and a third on the return journey.

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

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

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

[Abu Dawud]

It was related by at-Tirmidhi, who said that it was a good and sound hadeeth.

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from Muhammad ibn Yahya ibn Habban that Ibn Muhayriz said, "I went into the mosque and saw Abu Said al-Khudri and so I sat by him and asked him about coitus interruptus. Abu Said al-Khudri said, 'We went out with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition to the Banu al-Mustaliq. We took some Arabs prisoner, and we desired the women as celibacy was hard for us. We wanted the ransom, so we wanted to practise coitus interruptus. We said, 'Shall we practise coitus interruptus while the Messenger of Allah, may Allah bless him and grant him peace, is among us before we ask him?' We asked him about that and he said, 'You don't have to not do it. There is no self which is to come into existence up to the Day of Rising but that it will come into existence.' "

Malik said, "If people are together in one kitaba, their master cannot free one of them without consulting his companions who are with him in the kitaba and obtaining their consent. If they are young, however, their consultation means nothing and it is not permitted to them. That is because a man might work for all the people and he might pay their kitaba for them to complete their freedom. Their master approaches the one who will pay for them and their rescue from slavery is through him. He frees him and so makes those who remain unable to pay. He does it intending benefit and increase for himself. It is not permitted for him to do that to those of them who remain. The Messenger of Allah, may Allah bless him and grant him peace, said, 'There must be no harm nor return of harm.' This is the most severe harm."

Malik said about slaves who wrote a kitaba together that it was permitted for their master to free the old and exhausted of them and the young when neither of them could pay anything, and there was no help nor strength to be had from any of them in their kitaba.

A man came to Allah's Apostle and said, "O Allah's Apostle! I am ruined!" The Prophet said, "Waihaka (May Allah be merciful to you) !" The man said, "I have done sexual intercourse with my wife while fasting in Ramadan." The Prophet said, "Manumit a slave." The man said, " I cannot afford that. " The Prophet said; "Then fast for two successive months." The man said, " I have no power to do so." The Prophet said, "Then feed sixty poor persons." The man said, "I have nothing (to feed sixty persons). Later a basket full of dates were brought to the Prophet and he said (to the man), "Take it and give it in charity." The man said, "O Allah's Apostle! Shall I give it to people other than my family? By Him in Whose Hand my life is, there is nobody poorer than me in the whole city of Medina." The Prophet smiled till his premolar teeth became visible, and said, "Take it." Az-Zuhri said (that the Prophet said). "Wailaka."

`Ali bin Abu Talib came out of the house of the Prophet during his fatal ailment. The people asked (`Ali), "O Abu Hasan! How is the health of Allah's Apostle this morning?" `Ali said, "This morning he is better, with the grace of Allah." Al-`Abbas held `Ali by the hand and said, "Don't you see him (about to die)? By Allah, within three days you will be the slave of the stick (i.e., under the command of another ruler). By Allah, I think that Allah's Apostle will die from his present ailment, for I know the signs of death on the faces of the offspring of `Abdul Muttalib. So let us go to Allah's Apostle to ask him who will take over the Caliphate. If the authority is given to us, we will know it, and if it is given to somebody else we will request him to recommend us to him. " `Ali said, "By Allah! If we ask Allah's Apostle for the rulership and he refuses, then the people will never give it to us. Besides, I will never ask Allah's Apostle for it." (See Hadith No 728, Vol 5)

as follows in Hadith 297.

Narrated Abu Huraira:

We were in the company of Allah's Apostle in a Ghazwa, and he remarked about a man who claimed to be a Muslim, saying, "This (man) is from the people of the (Hell) Fire." When the battle started, the man fought violently till he got wounded. Somebody said, "O Allah's Apostle! The man whom you described as being from the people of the (Hell) Fire fought violently today and died." The Prophet said, "He will go to the (Hell) Fire." Some people were on the point of doubting (the truth of what the Prophet had said) while they were in this state, suddenly someone said that he was still alive but severely wounded. When night fell, he lost patience and committed suicide. The Prophet was informed of that, and he said, "Allah is Greater! I testify that I am Allah's Slave and His Apostle." Then he ordered Bilal to announce amongst the people: 'None will enter Paradise but a Muslim, and Allah may support this religion (i.e. Islam) even with a disobedient man.'

Yahya related to me from Malik from Yahya ibn Said from Abd ar- Rahman ibn Hurmuz that Abdullah ibn Buhayna said, "The Messengerof Allah, may Allah bless him and grant him peace, prayed dhuhr with us and he stood straight up after two rakas without sitting. When he had finished the prayer, he did two sajdas and then said the taslim after that."

Malik said, concerning someone who forgot in his prayer and stood up after he had completed four rakas and recited and then went into ruku and then, when he raised his head from ruku, remembered that he had already completed (his prayer), "He returns to a sitting position and does not do any sajda. If he has already done one sajda I do not think he should do the other. Then when his prayer is finished he does two sajdas from the sitting position after saying the taslim."

Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman ibn Mamar al-Ansari from Abu Yunus, the mawla of A'isha, from A'isha that she overheard a man standing at the door saying to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, I get up in the morning junub, in a state of major ritual impurity, and want to fast," and the Messenger of Allah, may Allah bless him and grant him peace, said, "I too get up in the morning junub and want to fast, so I do ghusl and fast." The man said to him, "You are not the same as us. Allah has forgiven you all your wrong actions that have gone before and those that have come after." The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I hope that I am the most fearful of you with respect to Allah and the most knowledgeable of you in how I have taqwa."

Yahya related to me from Malik that he had heard Rabia ibn Abi Abd ar-Rahman saying the same about that as what Ikrama related from Ibn Abbas.

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

Malik was asked about a man who forgot the tawaf al-ifada until he had left Makka and returned to his community and he said, "I think that he should go back and do the tawaf al-ifada, as long as he has not had sexual relations with women. If, however, he has had sexual relations with women, then he should not only return and do the tawaf al-ifada, but he should also do an umra and sacrifice an animal. He should not buy theanimal in Makka and sacrifice it there, but if he has not brought one with him from wherever it was he set out to do umra, he should buy one in Makka and then take it outside the limits of the Haram and drive it from there to Makka and sacrifice it there."

Yahya related to me from Malik that Yahya ibn Said said that Amra bint Abd ar-Rahman told him that she had heard A'isha, umm al-muminin, saying, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, when there were five nights left in Dhu'l-Qada and we assumed that we must be setting out for hajj. When we got near to Makka, the Messenger of Allah, may Allah bless him and grant him peace, told everyone that did not have a sacrificial animal with them to leave ihram after they had done tawaf of the House and say between Safa and Marwa."

A'isha added, "We were sent some beef on the day of sacrifice. I asked what it was and they said that the Messenger of Allah, may Allah bless him and grant him peace, had sacrificed for his wives."

Yahya ibn Said said, "I mentioned this hadith to Qasim ibn Muhammad and he said, 'She has given you the complete hadith, by Allah.' "

`Abdullah said, "Whenever we prayed behind the Prophet we used to recite (in sitting) 'Peace be on Gabriel, Michael, peace be on so and so. Once Allah's Apostle looked back at us and said, 'Allah Himself is As-Salam (Peace), and if anyone of you prays then he should say, at-Tahiyatu li l-lahi wa ssalawatu wa t-taiyibat. As-salamu `alalika aiyuha n-Nabiyu wa rahmatu l-lahi wa barakatuh. Assalamu `alaina wa `ala `ibadi l-lahi s-salihin. (All the compliments, prayers and good things are due to Allah; peace be on you, O Prophet, and Allah's mercy and blessings [be on you]. Peace be on us an on the pious subjects of Allah). (If you say that, it will reach all the subjects in the heaven and the earth). Ash-hadu al-la ilaha illa l-lah, wa ash-hadu anna Muhammadan `Abduhu wa Rasuluh. (I testify that there is no Deity [worthy of worship] but Allah, and I testify that Muhammad is His slave and His Apostle).

I met `Abdullah bin `Amr bin Al-`As and asked him, "Tell me about the description of Allah's Apostle which is mentioned in Torah (i.e. Old Testament.") He replied, 'Yes. By Allah, he is described in Torah with some of the qualities attributed to him in the Qur'an as follows: "O Prophet ! We have sent you as a witness (for Allah's True religion) And a giver of glad tidings (to the faithful believers), And a warner (to the unbelievers) And guardian of the illiterates. You are My slave and My messenger (i.e. Apostle). I have named you "Al-Mutawakkil" (who depends upon Allah). You are neither discourteous, harsh Nor a noisemaker in the markets And you do not do evil to those Who do evil to you, but you deal With them with forgiveness and kindness. Allah will not let him (the Prophet) Die till he makes straight the crooked people by making them say: "None has the right to be worshipped but Allah," With which will be opened blind eyes And deaf ears and enveloped hearts."

"The Messenger of Allah (saws) prohibited two sales in one."

There are narrations on this topic from 'Abdullah bin 'Amr, Ibn 'Umar, and Ibn Mas'ud.

[Abu Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge. Some of the people of knowledge have explained it by saying that two sales in one is when one says: "I will sell you this garment for ten in cash, and twenty on credit." He does not distinguish between either of the two sales. But when he distinguishes it as being one of them, then there is no harm when one of them is agreed upon.

Ash-Shafi'i said: "Included in the meaning of what the Prophet (saws) prohibited of regarding two sales in one, is if one said: 'I will sell you the house of mine for that (price), upon the condition that you sell me you alve for this (price). When I get the slave, then you get the house.' In this way the sales are distinguished without the prices being known, and neither of them knows what will happen at the conclusion of it (the agreement)."

"The Prophet (saws) sent two armies, place 'Ali bin Abi Talib as the commanded of one of them, and Khalid bin Al-Walid over the other. He said: 'Where there is fighting, then 'Ali (is in command).'" He said: "So 'Ali conquered a fortress and took a slave girl. Khalid [bin Al-Walid] wrote a letter and sent me with it to the Prophet (saws), to speak against him for it. So I arrived to the Prophet (saws) to read the letter. The color of his face changed, the he said: 'What do you think about a man who loves Allah and His Messenger, and Allah and His Messenger love him?'" He said: "I said: 'I seek refuge from angering Allah and angering His Messenger, I am only the Messenger.' So he was silent.

[Abu 'Eisa said:] There is something about this from Ibn 'Umar. This Hadith is Hasan Gharib, we do not know of it except from the narration of Al-Ahwas bin Jawwab. And his saying: "To speak against him for that." refers to An-Namimah.

While I was standing with Sa`d bin Abi Waqqas, Al-Miswar bin Makhrama came and put his hand on my shoulder. Meanwhile Abu Rafi`, the freed slave of the Prophet came and asked Sa`d to buy from him the (two) dwellings which were in his house. Sa`d said, "By Allah I will not buy them." Al- Miswar said, "By Allah, you shall buy them." Sa`d replied, "By Allah, I will not pay more than four thousand (Dirhams) by installments." Abu Rafi` said, "I have been offered five hundred Dinars (for it) and had I not heard the Prophet saying, 'The neighbor has more right than anyone else because of his nearness, I would not give them to you for four-thousand (Dirhams) while I am offered five-hundred Dinars (one Dinar equals ten Dirhams) for them." So, he sold it to Sa`d.

I went to `Aisha and said, "I was the slave of `Utba bin Abu Lahab. "Utba died and his sons became my masters who sold me to Ibn Abu `Amr who manumitted me. The sons of `Utba stipulated that my Wala' should be for them." `Aisha said, "Barirah came to me and she was given the writing of emancipation by her masters and she asked me to buy and manumit her. I agreed to it, but Barirah told me that her masters would not sell her unless her Wala' was for them." `Aisha said, "I am not in need of that." When the Prophet heard that, or he was told about it, he asked `Aisha about it. `Aisha mentioned what Barirah had told her. The Prophet said, "Buy and manumit (free) her and let them stipulate whatever they like." So, `Aisha bought and manumitted her and her masters stipulated that her Wala' should be for them." The Prophet;, said, "The Wala' will be for the liberator even if they stipulated a hundred conditions."

Fatima complained of what she suffered from the hand mill and from grinding, when she got the news that some slave girls of the booty had been brought to Allah's Apostle. She went to him to ask for a maid-servant, but she could not find him, and told `Aisha of her need. When the Prophet came, Aisha informed him of that. The Prophet came to our house when we had gone to our beds. (On seeing the Prophet) we were going to get up, but he said, 'Keep at your places,' I felt the coolness of the Prophet's feet on my chest. Then he said, "Shall I tell you a thing which is better than what you asked me for? When you go to your beds, say: 'Allahu Akbar (i.e. Allah is Greater)' for 34 times, and 'Al hamdu Li llah (i.e. all the praises are for Allah)' for 33 times, and Subhan Allah (i.e. Glorified be Allah) for 33 times. This is better for you than what you have requested."

When it was the day of (the battle of) Hunain, the Prophet confronted the tribe of Hawazin while there were ten-thousand (men) besides the Tulaqa' (i.e. those who had embraced Islam on the day of the Conquest of Mecca) with the Prophet. When they (i.e. Muslims) fled, the Prophet said, "O the group of Ansari" They replied, "Labbaik, O Allah's Apostle and Sadaik! We are under your command." Then the Prophet got down (from his mule) and said, "I am Allah's Slave and His Apostle." Then the pagans were defeated. The Prophet distributed the war booty amongst the Tulaqa and Muhajirin (i.e. Emigrants) and did not give anything to the Ansar. So the Ansar spoke (i.e. were dissatisfied) and he called them and made them enter a leather tent and said, Won't you be pleased that the people take the sheep and camels, and you take Allah's Apostle along with you?" The Prophet added, "If the people took their way through a valley and the Ansar took their way through a mountain pass, then I would choose a mountain pass of the Ansar."

Abu Dawud said : All the sound traditions narrated by ‘ Uthman indicated that the head is to be wiped once, because they mentioned (the washing of each part in) ablution three times. In their versions of tradition they mentioned the wordings: “he wiped his head.” In this case they did not mention any number as they did in other cases.

For the whole year I had the desire to ask `Umar bin Al-Khattab regarding the explanation of a Verse (in Surat Al-Tahrim) but I could not ask him because I respected him very much. When he went to perform the Hajj, I too went along with him. On our return, while we were still on the way home. `Umar went aside to answer the call of nature by the Arak trees. I waited till he finished and then I proceeded with him and asked him. "O chief of the Believers! Who were the two wives of the Prophet who aided one another against him?" He said, "They were Hafsa and `Aisha." Then I said to him, "By Allah, I wanted to ask you about this a year ago, but I could not do so owing to my respect for you." `Umar said, "Do not refrain from asking me. If you think that I have knowledge (about a certain matter), ask me; and if I know (something about it), I will tell you." Then `Umar added, "By Allah, in the Pre-lslamic Period of Ignorance we did not pay attention to women until Allah revealed regarding them what He revealed regarding them and assigned for them what He has assigned. Once while I was thinking over a certain matter, my wife said, "I recommend that you do so-and-so." I said to her, "What have you got to do with the is matter? Why do you poke your nose in a matter which I want to see fulfilled.?" She said, How strange you are, O son of Al-Khattab! You don't want to be argued with whereas your daughter, Hafsa surely, argues with Allah's Apostle so much that he remains angry for a full day!" `Umar then reported; how he at once put on his outer garment and went to Hafsa and said to her, "O my daughter! Do you argue with Allah's Apostle so that he remains angry the whole day?" H. afsa said, "By Allah, we argue with him." `Umar said, "Know that I warn you of Allah's punishment and the anger of Allah's Apostle . . . O my daughter! Don't be betrayed by the one who is proud of her beauty because of the love of Allah's Apostle for her (i.e. `Aisha)." `Umar addled, "Then I went out to Um Salama's house who was one of my relatives, and I talked to her. She said, O son of Al-Khattab! It is rather astonishing that you interfere in everything; you even want to interfere between Allah's Apostle and his wives!' By Allah, by her talk she influenced me so much that I lost some of my anger. I left her (and went home). At that time I had a friend from the Ansar who used to bring news (from the Prophet) in case of my absence, and I used to bring him the news if he was absent. In those days we were afraid of one of the kings of Ghassan tribe. We heard that he intended to move and attack us, so fear filled our hearts because of that. (One day) my Ansari friend unexpectedly knocked at my door, and said, "Open Open!' I said, 'Has the king of Ghassan come?' He said, 'No, but something worse; Allah's Apostle has isolated himself from his wives.' I said, 'Let the nose of `Aisha and Hafsa be stuck to dust (i.e. humiliated)!' Then I put on my clothes and went to Allah's Apostle's residence, and behold, he was staying in an upper room of his to which he ascended by a ladder, and a black slave of Allah's Apostle was (sitting) on the first step. I said to him, 'Say (to the Prophet ) `Umar bin Al-Khattab is here.' Then the Prophet admitted me and I narrated the story to Allah's Apostle. When I reached the story of Um Salama, Allah's Apostle smiled while he was lying on a mat made of palm tree leaves with nothing between him and the mat. Underneath his head there was a leather pillow stuffed with palm fibres, and leaves of a saut tree were piled at his feet, and above his head hung a few water skins. On seeing the marks of the mat imprinted on his side, I wept. He said.' 'Why are you weeping?' I replied, "O Allah's Apostle! Caesar and Khosrau are leading the life (i.e. Luxurious life) while you, Allah's Apostle though you are, is living in destitute". The Prophet then replied. 'Won't you be satisfied that they enjoy this world and we the Hereafter?' "

When the Messenger of Allah (saws) appeared as a prophet, Hamdan said to me: Will you go to this man and negotiate for us (with him)? If you accept something, we shall accept it, and if you disapprove of something, we shall disapprove of it.

I said: Yes. So I proceeded until I came to the Messenger of Allah (saws). I liked his motive and my people embraced Islam. The Messenger of Allah (saws) wrote the document for Umayr Dhu Marran. He also sent Malik ibn Murarah ar-Rahawi to all the (people of) Yemen. So Akk Dhu Khaywan embraced Islam.

Akk was told: Go to the Messenger of Allah (saws), and obtain his protection for your town and property. He therefore came (to him) and the Messenger of Allah (saws) wrote a document for him:

"In the name of Allah, Most Beneficent, Most Merciful. From Muhammad, the Messenger of Allah, to Akk Dhu Khaywan. If he is true his land, property and slave, he has the security and the protection of Allah, and Muhammad, the Messenger of Allah. Written by Khalid ibn Sa'id ibn al-'As."

AbdurRahman ibn Amr as-Sulami and Hujr ibn Hujr said: We came to Irbad ibn Sariyah who was among those about whom the following verse was revealed: "Nor (is there blame) on those who come to thee to be provided with mounts, and when thou saidst: "I can find no mounts for you."

We greeted him and said: We have come to see you to give healing and obtain benefit from you.

Al-Irbad said: One day the Messenger of Allah (saws) led us in prayer, then faced us and gave us a lengthy exhortation at which the eyes shed tears and the hearts were afraid.

A man said: Messenger of Allah! It seems as if it were a farewell exhortation, so what injunction do you give us?

He then said: I enjoin you to fear Allah, and to hear and obey even if it be an Abyssinian slave, for those of you who live after me will see great disagreement. You must then follow my sunnah and that of the rightly-guided caliphs. Hold to it and stick fast to it. Avoid novelties, for every novelty is an innovation, and every innovation is an error.

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

The Prophet mentioned a man from the previous generation or from the people preceding your age whom Allah had given both wealth and children. The Prophet said, "When the time of his death approached, he asked his children, 'What type of father have I been to you?' They replied: You have been a good father. He said, 'But he (i.e. your father) has not stored any good deeds with Allah (for the Hereafter): if he should face Allah, Allah will punish him. So listen, (O my children), when I die, burn my body till I become mere coal and then grind it into powder, and when there is a stormy wind, throw me (my ashes) in it.' So he took a firm promise from his children (to follow his instructions). And by Allah they (his sons) did accordingly(fulfilled their promise.) Then Allah said, "Be"' and behold! That man was standing there! Allah then said. "O my slave! What made you do what you did?" That man said, "Fear of You." So Allah forgave him.

We have no Book to recite except the Book of Allah (Qur'an) and this paper. Then `Ali took out the paper, and behold ! There was written in it, legal verdicts about the retaliation for wounds, the ages of the camels (to be paid as Zakat or as blood money). In it was also written: 'Medina is a sanctuary from Air (mountain) to Thaur (mountain). So whoever innovates in it an heresy (something new in religion) or commits a crime in it or gives shelter to such an innovator, will incur the curse of Allah, the angels and all the people, and none of his compulsory or optional good deeds will be accepted on the Day of Resurrection. And whoever (a freed slave) takes as his master (i.e. be-friends) some people other than hi real masters without the permission of his real masters, will incur the curse of Allah, the angels and all the people, and none of his compulsory, or optional good deeds will be accepted on the Day of Resurrection. And the asylum granted by any Muslim is to be secured by all the Muslims, even if it is granted by one of the lowest social status among them; and whoever betrays a Muslim, in this respect will incur the curse of Allah, the angels, and all the people, and none of his Compulsory or optional good deeds will be accepted on the Day of Resurrection."

That when he went to 'Umar during his Caliphate. 'Umar said to him, "Haven't I been told that you do certain jobs for the people but when you are given payment you refuse to take it?" 'Abdullah added: I said, "Yes." 'Umar said, "Why do you do so?" I said, "I have horses and slaves and I am living in prosperity and I wish that my payment should be kept as a charitable gift for the Muslims." 'Umar said, "Do not do so, for I intended to do the same as you do. Allah's Apostles used to give me gifts and I used to say to him, 'Give it to a more needy one than me.' Once he gave me some money and I said, 'Give it to a more needy person than me,' whereupon the Prophet said, 'Take it and keep it in your possession and then give it in charity. Take what ever comes to you of this money if you are not keen to have it and not asking for it; otherwise (i.e., if it does not come to you) do not seek to have it yourself.' "

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

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

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

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

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

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Abu Said alKhudri returned from a journey and his family gave him some meat. He asked whether it was meat from the sacrifice. They replied that it was. Abu Said said, "Didn't the Messenger of Allah, may Allah bless him and grant him peace, forbid that?" They said, "There has been a new command from the Messenger of Allah, may Allah bless him and grant him peace, since you went away." Abu Said went out and made enquiries about it and was told that the Messenger of Allah, may Allah bless him and grant him peace, had said,"I forbade you before to eat meat of the sacrifice after three days, but now eat, give sadaqa and store up. I forbade you before to make nabidh (by soaking raisins or dates in water), but now make nabidh, but remember every intoxicant is haram .I forbade you to visit graves, but now visit them, and do not use bad language."

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

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

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

Qatadah (the Tabi'ee in the chain) would narrate after this hadith that Anas (ra) said "Those who said 'La illaha illa Allah' (there is no god except Allah) and had the weight of a grain of barley in good in his heart will come out of the Fire, and those who said 'La illaha illa Allah' and had a weight of a grain of wheat in good in his heart will come out of the Fire, and those who said 'La illaha illa Allah' and had a weight of a grain of dust in good in his heart will come out of the Fire."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

Abu Dawud said: This tradition has been transmitted by Qatadah from Sa'd b. Yazid on the authority of Ibn al-Musayyab in a similar way. This tradition has been narrated by Yahya b. Abi Kathir from Yazid b. Nu'aim from Sa'id b. al-Musayyab, and 'Ata al-Khurasani narrated it from Sa'id b. al-Musayyab ; they all narrated this tradition from the Prophet (saws) omitting the link of the Companion (i.e. a mursal tradition). The version of Yahya b. Abi Kathir has: Basrah b. Aktham married a woman. The agreed version has: He made the child his servant.

She said: Do not apply it except in the case of dire need which is troubling you. In that case you can use it at night, but you should remove it in the daytime. Then Umm Salamah said: The Messenger of Allah (saws) came to visit me when AbuSalamah died, and I had put the juice of aloes in my eye.

He asked : What is this, Umm Salamah? I replied: It is only the juice of aloes and contains no perfume. He said: It gives the face a glow, so apply it only at night and remove it in daytime, and do not comb yourself with scent or henna, for it is a dye. I asked: What should I use when I comb myself, Messenger of Allah? He said: Use lote-tree leaves and smear your head copiously with them.

I was present with the Messenger of Allah at the battle of Hunayn. We travelled on a hot day when the heat was extreme. We halted under the shade of a tree. When the sun passed the meridian, I put on my coat of mail and rode on my horse. I came to the Messenger of Allah (saws) who was in a tent.

I said: Peace, Allah's mercy and His blessings be upon you! The time of departure has come.

He said: Yes. He then said: Rise, Bilal. He jumped out from beneath a gum-acacia tree and its shade was like that of a bird.

He said: I am at your service and at your pleasure, and I make myself a sacrifice for you.

He said: Put the saddle on the horse for me. He then took out a saddle, both sides of which were stuffed with palm-leaves; it showed no arrogance and pride. So he rode and we also rode. He then mentioned the rest of the tradition.

Abu Dawud said: Abu 'Abd al-Rahman al-Fihri did not transmit any tradition except this one. This is a tradition of an expert transmitted by Hammad b. Salamah.

Abu Dawud said: The name of Abu Jamrah is Nasr bin 'Imran al-Duba'i.