"Regarding sheep, for every forty sheep up to one hundred and twenty, one sheep is due. But if you possess only thirty-nine, nothing is payable on them." He further narrated the tradition about the sadaqah (zakat) on sheep like that of az-Zuhri.

"Regarding cattle, a yearling bull calf is payable for every thirty, and a cow in her third year for forty, and nothing is payable on working animals.

Regarding (the zakat on) camels, he mentioned the rates that az-Zuhri mentioned in his tradition. He said: "For twenty-five camels, five sheep are to be paid. If they exceed by one, a she-camel in her second year is to be given. If there is no she-camel in her second year, a male camel in its third year is to be given, up to thirty-five. If they exceed by one a she-camel in her third year is to be given, up to forty-five. If they exceed by one, a she-camel in her fourth year which is ready to be covered by a bull-camel is to be given." He then transmitted the rest of the tradition like that of az-Zuhri.

He continued: If they exceed by one, i.e. they are ninety-one to hundred and twenty, two she-camels in their fourth year, which are ready to be covered by a bull-camel, are to be given. If there are more camels than that, a she-camel in her fourth year is to be given for every fifty. Those which are in one flock are not to be separated, and those which are separate are not to be brought together. An old sheep, one with a defect in the eye, or a billy goat is not to be accepted as a sadaqah unless the collector is willing.

As regards agricultural produce, a tenth is payable on that which is watered by rivers or rain, and a twentieth on that which is watered by draught camels."

The version of Asim and al-Harith says: "Sadaqah (zakat) is payable every year." Zuhayr said: I think he said "Once a year".

The version of Asim has the words: "If a she-camel in her second year is not available among the camels, nor is there a bull-camel in its third year, ten dirhams or two goats are to be given."

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, Vol. 3 for details)

When Az-Zubair got up during the battle of Al-Jamal, he called me and I stood up beside him, and he said to me, "O my son! Today one will be killed either as an oppressor or as an oppressed one. I see that I will be killed as an oppressed one. My biggest worry is my debts. Do you think, if we pay the debts, there will be something left for us from our money?" Az-Zubair added, "O my son! Sell our property and pay my debts." Az-Zubair then willed one-third of his property and willed one-third of that portion to his sons; namely, `Abdullah's sons. He said, "One-third of the one third. If any property is left after the payment of the debts, one-third (of the one-third of what is left) is to be given to your sons." (Hisham, a sub-narrator added, "Some of the sons of `Abdullah were equal in age to the sons of Az-Zubair e.g. Khubaib and `Abbas. `Abdullah had nine sons and nine daughters at that time." (The narrator `Abdullah added:) My father (Az-Zubair) went on drawing my attention to his debts saying, "If you should fail to pay part of the debts, appeal to my Master to help you." By Allah! I could not understand what he meant till I asked, "O father! Who is your Master?" He replied, "Allah (is my Master)." By Allah, whenever I had any difficulty regarding his debts, I would say, "Master of Az-Zubair! Pay his debts on his behalf ." and Allah would (help me to) pay it. Az-Zubair was martyred leaving no Dinar or Dirham but two pieces of land, one of which was (called) Al-Ghaba, and eleven houses in Medina, two in Basra, one in Kufa and one in Egypt. In fact, the source of the debt which he owed was, that if somebody brought some money to deposit with him. Az-Zubair would say, "No, (i won't keep it as a trust), but I take it as a debt, for I am afraid it might be lost." Az-Zubair was never appointed governor or collector of the tax of Kharaj or any other similar thing, but he collected his wealth (from the war booty he gained) during the holy battles he took part in, in the company of the Prophet, Abu Bakr, `Umar, and `Uthman. (`Abdullah bin Az-Zubair added:) When I counted his debt, it turned to be two million and two hundred thousand. (The sub-narrator added:) Hakim bin Hizam met `Abdullah bin Zubair and asked, "O my nephew! How much is the debt of my brother?" `Abdullah kept it as a secret and said, "One hundred thousand," Hakim said, "By Allah! I don't think your property will cover it." On that `Abdullah said to him, "What if it is two million and two hundred thousand?" Hakim said, "I don't think you can pay it; so if you are unable to pay all of it, I will help you." Az- Zubair had already bought Al-Ghaba for one hundred and seventy thousand. `Abdullah sold it for one million and six hundred thousand. Then he called the people saying, "Any person who has any money claim on Az-Zubair should come to us in Al-Ghaba." There came to him `Abdullah bin Ja`far whom Az-Zubair owed four hundred thousand. He said to `Abdullah bin Az-Zubair, "If you wish I will forgive you the debt." `Abdullah (bin Az-Zubair) said, "No." Then Ibn Ja`far said, "If you wish you can defer the payment if you should defer the payment of any debt." Ibn Az-Zubair said, "No." `Abdullah bin Ja`far said, "Give me a piece of the land." `Abdullah bin AzZubair said (to him), "Yours is the land extending from this place to this place." So, `Abdullah bin Az-Zubair sold some of the property (including the houses) and paid his debt perfectly, retaining four and a half shares from the land (i.e. Al-Ghaba). He then went to Mu'awlya while `Amr bin `Uthman, Al-Mundhir bin Az- Zubair and Ibn Zam`a were sitting with him. Mu'awiya asked, "At what price have you appraised Al- Ghaba?" He said, "One hundred thousand for each share," Muawiya asked, "How many shares have been left?" `Abdullah replied, "Four and a half shares." Al-Mundhir bin Az-Zubair said, "I would like to buy one share for one hundred thousand." `Amr bin `Uthman said, "I would like to buy one share for one hundred thousand." Ibn Zam`a said, "I would like to buy one share for one hundred thousand." Muawiya said, "How much is left now?" `Abdullah replied, "One share and a half." Muawiya said, "I would like to buy it for one hundred and fifty thousand." `Abdullah also sold his part to Muawiya six hundred thousand. When Ibn AzZubair had paid all the debts. Az-Zubair's sons said to him, "Distribute our inheritance among us." He said, "No, by Allah, I will not distribute it among you till I announce in four successive Hajj seasons, 'Would those who have money claims on Az-Zubair come so that we may pay them their debt." So, he started to announce that in public in every Hajj season, and when four years had elapsed, he distributed the inheritance among the inheritors. Az-Zubair had four wives, and after the one-third of his property was excluded (according to the will), each of his wives received one million and two hundred thousand. So the total amount of his property was fifty million and two hundred thousand.

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?

When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was overtaken by sleep at night, he would pray twelve rak'ahs.

The narrator said: I came to Ibn 'Abbas and narrated all this to him. By Allah, this is really a tradition. Has I been on speaking terms with her, I would have come to her and heard it from her mouth. I said: If I knew that you were not on speaking terms with her, I would have never narrated it to you.

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."