I asked the Prophet about the wall (outside the Ka`ba). "Is it regarded as part of the Ka`ba?" He replied, "Yes." I said, "Then why didn't the people include it in the Ka`ba?" He said, "(Because) your people ran short of money." I asked, "Then why is its gate so high?" He replied, ''Your people did so in order to admit to it whom they would and forbid whom they would. Were your people not still close to the period of ignorance, and were I not afraid that their hearts might deny my action, then surely I would include the wall in the Ka`ba and make its gate touch the ground."

Yahya related to me from Malik from Nafi that he had heard Aslam, the mawla of Umar ibn al-Khattab, telling 'Abdullah ibn Umar that Umar ibn al-Khattab once saw a dyed garment on Talha ibn Ubaydullah while he was in ihram and Umar said, "What is this dyed garment, Talha?", and Talha said, "Amir al-muminin, it is only mud.'' Umar said, "You and your like are taken by people as imams, and if an ignorant man were to see this garment he would say that Talha ibn Ubaydullah used to wear a dyed robe while he was in ihram. So do not wear any form of dyed clothes."

"The Messenger of Allah (saws) prohibited the Gharar sale, and the Hasah sale."

[He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbas, Abu Sa'eed, and Anas.

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

This Hadith is acted upon according to the people of knowledge, they dislike the Gharar. Ash-Shafi'i said: "The Gharar sale includes selling fish that are in the wate, selling a slave that has escaped, selling birds that are in the sky, and similar type of sales. And the meaning of Hasah sale is when the seller says to the buyer: 'When I toss the pebble at you, then the sale between you and I is final.' This resembles the sale of Munabadhah and this is one of the selling practices of the people of Jahiliyyah."

Yahya related to me from Malik, from Ibn Shihab, that Muhammad ibn Abdullah ibn al-Harith ibn Nawfal ibn Abd al-Muttalib told him that he had heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussing tamattu in between umra and hajj. Ad-Dahhak ibn Qays said, "Only someone who is ignorant of what Allah, the Exalted and Glorified, says would do that." Whereupon Sad said, "How wrong is what you have just said, son of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattab forbade that," and Sad said, "The Messenger of Allah, may Allah bless him and grant him peace, did it, and we did it with him."

Ibn 'Umar (Allah be pleased with them) reported that the people of pre-Islamic days used to sell the meat of the slaughtered camel up to habal al-habala. And habal al-habala implies that a she-camel should give birth and then the (born one should grow young) and become pregnant. Allah's Messenger (may peace be upon him) forbade them that (this transaction).

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names You still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.' "

Some property or something was brought to Allah's Apostle and he distributed it. He gave to some men and ignored the others. Later he got the news of his being admonished by those whom he had ignored. So he glorified and praised Allah and said, "Amma ba'du. By Allah, I may give to a man and ignore another, although the one whom I ignore is more beloved to me than the one whom I give. But I give to some people as I feel that they have no patience and no contentment in their hearts and I leave those who are patient and self-content with the goodness and wealth which Allah has put into their hearts and `Amr bin Taghlib is one of them." `Amr added, By Allah! Those words of Allah's Apostle are more beloved to me than the best red camels.

Yahya related to me from Malik that Ata ibn Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Kab ibn Ujra said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.'"

Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, "The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa -- in Makka or in any other town."

Malik said, "It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands. "

Malik said,"Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra. must also pay compensation."

We were in a Ghazwa (Sufyan once said, in an army) and a man from the emigrants kicked an Ansari man (on the buttocks with his foot). The Ansari man said, "O the Ansar! (Help!)" and the emigrant said. "O the emigrants! (Help!) Allah's Apostle heard that and said, "What is this call for, which is characteristic of the period of ignorance?" They said, "O Allah's Apostle! A man from the emigrants kicked one of the Ansar (on the buttocks with his foot)." Allah's Apostle said, "Leave it (that call) as is a detestable thing." `Abdullah bin Ubai heard that and said, 'Have the (the emigrants) done so? By Allah, if we return Medina, surely, the more honorable will expel therefrom the meaner." When this statement reached the Prophet. `Umar got up an, said, "O Allah's Apostle! Let me chop off the head of this hypocrite (`Abdullah bin Ubai)!" The Prophet said "Leave him, lest the people say that Muhammad kills his companions." The Ansar were then more in number than the emigrants when the latter came to Medina, but later on the emigrant increased.

(In the Pre-Islamic Period ) the children used to inherit all the property but the parents used to inherit only through a will. So Allah cancelled that which He liked to cancel and put decreed that the share of a son was to be twice the share of a daughter, and for the parents one-sixth for each one of them, or one third, and for the wife one-eighth or one-fourth, and for the husband one-half, or one-fourth.

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 he had heard that the people of knowledge did not disapprove of people fasting using tooth-sticks at any hour of the day in Ramadan, whether at the beginning or the end, nor had he heard any of the people of knowledge disapproving of or forbidding the practice.

Yahya said that he heard Malik say, about fasting for six days after breaking the fast at the end of Ramadan, that he had never seen any of the people of knowledge and fiqh fasting them. He said, "I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it and they are afraid that it might become a bida and that common and ignorant people might join to Ramadan what does not belong to it, if they were to think that the people of knowledge had given permission for that to be done and were seen doing it.

Yahya said that he heard Malik say, "I have never heard any of the people of knowledge and fiqh and those whom people take as an example forbidding fasting on the day of jumua. Fasting on it is good, and I have seen one of the people of knowledge fasting it, and it seemed to me that he was keen to do so."

Yahya related to me from Malik from Jafar ibn Muhammad from his father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, walked when he came down from Safa and Marwa and then, when he reached the middle of the valley, he broke into a light run until he had left it.

Malik said, about a man who, out of ignorance, did the say between Safa and Marwa before he had done tawaf of the House, "He should go back and do tawaf of the House and then do say between Safa and Marwa. If he does not learn about this until he has left Makka and is far away, he should return to Makka and do tawaf of the House and say between Safa and Marwa. If in the meantime he has had intercourse with a woman he should return, and do tawaf of the House and say between Safa and Marwa so that he completes what he owes of that umra. Then, after that, he has to do another umra and offer a sacrificial animal ."

We were in the company of the Prophet in a Ghazwa. A large number of emigrants joined him and among the emigrants there was a person who used to play jokes (or play with spears); so he (jokingly) stroked an Ansari man on the hip. The Ans-ari got so angry that both of them called their people. The Ansari said, "Help, O Ansar!" And the emigrant said "Help, O emigrants!" The Prophet came out and said, "What is wrong with the people (as they are calling) this call of the period of Ignorance? "Then he said, "What is the matter with them?" So he was told about the stroke of the emigrant to the Ansari. The Prophet said, "Stop this (i.e. appeal for help) for it is an evil call. "Abdullah bin Ubai bin Salul (a hypocrite) said, "The emigrants have called and (gathered against us); so when we return to Medina, surely, the more honorable people will expel therefrom the meaner," Upon that `Umar said, "O Allah's Prophet! Shall we not kill this evil person (i.e. `Abdullah bin Ubai bin Salul) ?" The Prophet) said, "(No), lest the people should say that Muhammad used to kill his companions."

When the Messenger of Allah (saws) came to Medina, the people had two days on which they engaged in games. He asked: What are these two days (what is the significance)? They said: We used to engage ourselves on them in the pre-Islamic period. The Messenger of Allah (saws) said: Allah has substituted for them something better than them, the day of sacrifice and the day of the breaking of the fast.

Abu Bakr came with a guest or some guests, but he stayed late at night with the Prophet and when he came, my mother said (to him), "Have you been detained from your guest or guests tonight?" He said, "Haven't you served the supper to them?" She replied, "We presented the meal to him (or to them), but he (or they) refused to eat." Abu Bakr became angry, rebuked me and invoked Allah to cause (my) ears to be cut and swore not to eat of it!" I hid myself, and he called me, "O ignorant (boy)!" Abu Bakr's wife swore that she would not eat of it and so the guests or the guest swore that they would not eat of it till he ate of it. Abu Bakr said, "All that happened was from Satan." So he asked for the meals and ate of it, and so did they. Whenever they took a handful of the meal, the meal grew (increased) from underneath more than that mouthful. He said (to his wife), "O, sister of Bani Firas! What is this?" She said, "O, pleasure of my eyes! The meal is now more than it had been before we started eating'' So they ate of it and sent the rest of that meal to the Prophet. It is said that the Prophet also ate of it.

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

The Prophet (saws) said: Allah, Most High, has removed from you the pride of the pre-Islamic period and its boasting in ancestors. One is only a pious believer or a miserable sinner. You are sons of Adam, and Adam came from dust. Let the people cease to boast about their ancestors. They are merely fuel in Jahannam; or they will certainly be of less account with Allah than the beetle which rolls dung with its nose.

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

Allah's Apostle said, "You see that the people are of different natures. Those who were the best in the pre-lslamic period, are also the best in Islam if they comprehend religious knowledge. You see that the best amongst the people in this respect (i.e. ambition of ruling) are those who hate it most. And you see that the worst among people is the double faced (person) who appears to these with one face and to the others with another face (i.e a hypocrite).

We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.

He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (saws) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.

I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.

The news of the migration of the Prophet (from Mecca to Medina) reached us while we were in Yemen. So we set out as emigrants towards him. We were (three) I and my two brothers. I was the youngest of them, and one of the two was Abu Burda, and the other, Abu Ruhm, and our total number was either 53 or 52 men from my people. We got on board a boat and our boat took us to Negus in Ethiopia. There we met Ja`far bin Abi Talib and stayed with him. Then we all came (to Medina) and met the Prophet at the time of the conquest of Khaibar. Some of the people used to say to us, namely the people of the ship, "We have migrated before you." Asma' bint 'Umais who was one of those who had come with us, came as a visitor to Hafsa, the wife the Prophet . She had migrated along with those other Muslims who migrated to Negus. `Umar came to Hafsa while Asma' bint 'Umais was with her. `Umar, on seeing Asma,' said, "Who is this?" She said, "Asma' bint 'Umais," `Umar said, "Is she the Ethiopian? Is she the sea-faring lady?" Asma' replied, "Yes." `Umar said, "We have migrated before you (people of the boat), so we have got more right than you over Allah's Apostle " On that Asma' became angry and said, "No, by Allah, while you were with Allah's Apostle who was feeding the hungry ones amongst you, and advised the ignorant ones amongst you, we were in the far-off hated land of Ethiopia, and all that was for the sake of Allah's Apostle . By Allah, I will neither eat any food nor drink anything till I inform Allah's Apostle of all that you have said. There we were harmed and frightened. I will mention this to the Prophet and will not tell a lie or curtail your saying or add something to it."

The Prophet said in his narration of a dream that he saw, "He whose head was being crushed with a stone was one who learnt the Qur'an but never acted on it, and slept ignoring the compulsory prayers."

The Prophet (saws) said: Musaddad's version has: He addressed on the day of Conquest. The agreed version then goes: Beware! Every object of pride of pre-Islamic times, whether it is blood-vengeance or property, mentioned or claimed, has been put under my feet except supply of water to the pilgrims and custody of the House (the Ka'bah). He then said: Beware! The blood-wit for unintentional murder, such as is done with a whip and stick, is one hundred camels, forty of which are pregnant.

The Prophet said, "The tribe of Quraish has precedence over the people in this connection (i.e the right of ruling). The Muslims follow the Muslims amongst them, and the infidels follow the infidels amongst them. People are of different natures: The best amongst them in the pre-lslamic period are the best in Islam provided they comprehend the religious knowledge. You will find that the best amongst the people in this respect (i.e. of ruling) is he who hates it (i.e. the idea of ruling) most, till he is given the pledge of allegiance."

Abu Bakr invited a group of people and told me, "Look after your guests." Abu Bakr added, I am going to visit the Prophet and you should finish serving them before I return." `Abdur-Rahman said, So I went at once and served them with what was available at that time in the house and requested them to eat." They said, "Where is the owner of the house (i.e., Abu Bakr)?" `Abdur-Rahman said, "Take your meal." They said, "We will not eat till the owner of the house comes." `Abdur-Rahman said, "Accept your meal from us, for if my father comes and finds you not having taken your meal yet, we will be blamed severely by him, but they refused to take their meals . So I was sure that my father would be angry with me. When he came, I went away (to hide myself) from him. He asked, "What have you done (about the guests)?" They informed him the whole story. Abu Bakr called, "O `Abdur Rahman!" I kept quiet. He then called again. "O `Abdur-Rahman!" I kept quiet and he called again, "O ignorant (boy)! I beseech you by Allah, if you hear my voice, then come out!" I came out and said, "Please ask your guests (and do not be angry with me)." They said, "He has told the truth; he brought the meal to us." He said, "As you have been waiting for me, by Allah, I will not eat of it tonight." They said, "By Allah, we will not eat of it till you eat of it." He said, I have never seen a night like this night in evil. What is wrong with you? Why don't you accept your meals of hospitality from us?" (He said to me), "Bring your meal." I brought it to him, and he put his hand in it, saying, "In the name of Allah. The first (state of fury) was because of Satan." So Abu Bakr ate and so did his guests.