An Ansari man quarreled with Az-Zubair about a canal in the Harra which was used for irrigating date-palms. Allah's Apostle, ordering Zubair to be moderate, said, "O Zubair! Irrigate (your land) first and then leave the water for your neighbor." The Ansari said, "Is it because he is your aunt's son?" On that the color of the face of Allah's Apostle changed and he said, "O Zubair! Irrigate (your land) and withhold the water till it reaches the walls that are between the pits around the trees." So, Allah's Apostle gave Zubair his full right. Zubair said, "By Allah, the following verse was revealed in that connection": "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65) (The sub-narrator,) Ibn Shihab said to Juraij (another sub-narrator), "The Ansar and the other people interpreted the saying of the Prophet, 'Irrigate (your land) and withhold the water till it reaches the walls between the pits around the trees,' as meaning up to the ankles."

Jabir ibn Abdullah used to say that a Jewess from the inhabitants of Khaybar poisoned a roasted sheep and presented it to the Messenger of Allah (saws) who took its foreleg and ate from it. A group of his companions also ate with him.

The Messenger of Allah (saws) then said: Take your hands away (from the food). The Messenger of Allah (saws) then sent someone to the Jewess and he called her.

He said to her: Have you poisoned this sheep? The Jewess replied: Who has informed you? He said: This foreleg which I have in my hand has informed me. She said: Yes. He said: What did you intend by it? She said: I thought if you were a prophet, it would not harm you; if you were not a prophet, we should rid ourselves of him (i.e. the Prophet). The Messenger of Allah (saws) then forgave her, and did not punish her. But some of his companions who ate it, died. The Messenger of Allah (saws) had himself cupped on his shoulder on account of that which he had eaten from the sheep. AbuHind cupped him with the horn and knife. He was a client of Banu Bayadah from the Ansar.

On the authority of his father: Umm Mubashshir said to the Prophet (saws) during the sickness of which he died: What do you think about your illness, Messenger of Allah (saws)? I do not think about the illness of my son except the poisoned sheep of which he had eaten with you at Khaybar. The Prophet (saws) said: And I do not think about my illness except that. This is the time when it cut off my aorta.

Abu Dawud said: Sometime 'Abd al-Razzaq transmitted this tradition, omitting the link of the Companion, from Ma'mar, from al-Zuhri, from the Prophet (saws), and sometimes he transmitted it from al-Zuhri from 'Abd al-Rahman b. Ka'b b. Malik, 'Abd al-Rahman mentioned that Ma'mar sometimes transmitted the tradition in a mursal form (omitting the link of the Companion), and they recorded it. And all this is correct with us. 'Abd al-Razzaq said: When Ibn al-Mubarak came to Ma'mar, he transmitted the traditions in a musnad form (with a perfect chain) which he transmitted as mauquf traditions (statements of the Companions and not of the Prophet).

Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and Abu Hurayra were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said, "At the end of two periods." Abu Hurayra said, "When she gives birth, she is free to marry." Abu Salama ibn Abd ar-Rahman visited Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and asked her about it Umm Salama said, ''Subaya al-Aslamiya gave birth half a month after the death of her husband, and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said, 'You are not free to marry yet.' Her family were away and he hoped that when her family came, they would give her to him. She went to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'You are free to marry, so marry whomever you wish.' "

Um Al-`Ala', an Ansari woman who gave the pledge of allegiance to the Prophet said to me, "The emigrants were distributed amongst us by drawing lots and we got in our share `Uthman bin Maz'un. We made him stay with us in our house. Then he suffered from a disease which proved fatal when he died and was given a bath and was shrouded in his clothes, Allah's Apostle came I said, 'May Allah be merciful to you, O Abu As-Sa'ib! I testify that Allah has honored you'. The Prophet said, 'How do you know that Allah has honored him?' I replied, 'O Allah's Apostle! Let my father be sacrificed for you! On whom else shall Allah bestow His honor?' The Prophet said, 'No doubt, death came to him. By Allah, I too wish him good, but by Allah, I do not know what Allah will do with me though I am Allah's Apostle. ' By Allah, I never attested the piety of anyone after that."

Al-Laith also narrated as above.

Yahya related to me that Malik said, "I consider that if a man dies and he has not paid zakat on his property, then zakat is taken from the third of his property (from which he can make bequests), and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt, which is why I think it should be given priority over bequests."

Malik continued, "This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good, but it is not binding upon them if they do not do it."

Malik continued, "The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt (i.e. wealth that was owed to the deceased), or goods, or a house, or a male or female slave, until a year has elapsed over the price realised from whatever he sells (i.e. slaves or a house, which are not zakatable) or over the wealth he inherits, from the day he sold the things, or took possession of them."

Malik said, "The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it."

From Maimunah that a mouse fell in some cooking fat and died. So the Prophet (saws) was asked about that and he said: "Remove it (the mouse) and what was around it and then eat it (the fat)."

He said: There are something on this topic from Abu Hurairah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been related from Az-Zuhri, from 'Ubaidullah, from Ibn 'Abbas, saying: "The Prophet (saws) as asked" and they did not mention Maimunah in it. The narration of Ibn 'Abbas from Maimunah is more correct. Ma'mar reported similar from Az-Zuhri, from Sa'eed bin Al-Musayyab, from Abu Hurairah, from the Prophet (saws). But this hadith is not preserved. He said: I heard Muhammad bin Isma'il saying: "The Hadith of Ma'mar from Az-Zuhri, from Sa'eed bin al-Musayyab, from Abu Hurairah, from the Prophet (saws)" - and he mentioned in it: 'That he was asked about it, so he said: "When it (the coking fat) is solid then remove it (the mouse) and what was around it. And when it is liquid then do not use it.'" This is a mistake. Ma'mar made a mistake with it. And he said: What is correct is the narration of Az-Zuhri from 'Ubaidullah, from Ibn 'Abbas, and Maimunah.

Umayyah, daughter of AbusSalt, quoted a certain woman of Banu Ghifar, whose name was mentioned to me, as saying: The Messenger of Allah (saws) made me ride behind him on the rear of the camel saddle. By Allah, the Messenger of Allah (saws) got down in the morning. He made his camel kneel down and I came down from the back of his saddle. There was a mark of blood on it (saddle) and that was the first menstruation that I had. I stuck to the camel and felt ashamed.

When the Messenger of Allah (saws) saw what had happened to me and saw the blood, he said: Perhaps you are menstruating.

I said: Yes. He then said: Set yourself right (i.e. tie some cloth to prevent bleeding), then take a vessel of water and put some salt in it, and then wash the blood from the back of the saddle, and then return to your mount. When the Messenger of Allah (saws) conquered Khaybar, he gave us a portion of the booty. Whenever the woman became purified from her menses, she would put salt in water. And when she died, she left a will to put salt in the water for washing her (after death).

"I entered upon 'Umar bin Al-Khattab. (Then) Uthman bin 'Affan, Az-Zubair, 'Abdur-Rahman bin Awf, and Sa'd bin Abi Waqqas entered. Then 'Ali and Al-'Abbas came disputing. 'Umar said to them: ' I ask you, by Allah the One by Whose Will the heavens and the earth are maintained, do you know that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity?" They said: 'Yes.' 'Umar said: 'When the Messenger of Allah (saws) died, Abu Bakr said: "I am the caretaker of the Messenger of Allah (saws)" So you and he went to Abu Bakr and you sought your inheritance from the son of your brother, and he sought the inheritance of his wife from her father. So Abu Bakr said that the Messenger of Allah (saws) said: "We are not inherited from, what we leave is charity." And Allah knows that he is truthful, innocent, instructing and following the truth.'"

[Abu 'Eisa said:] There is a lengthy story along with the Hadith. And this Hadith is Hasan Sahih Gharib as a narration of Malik bin Anas.

(the wife of the Prophet) `Utba bin Abi Waqqas entrusted (his son) to his brother Sa`d bin Abi Waqqas saying, "The son of the slave-girl of Zam`a is my (illegal) son, take him into your custody." So during the year of the Conquest (of Mecca) Sa`d took the boy and said, "This is my brother's son whom my brother entrusted to me." 'Abu bin Zam's got up and said, "He is my brother and the son of the slave girl of my father and was born on my father's bed." Then both of them came to Allah's Apostle and Sa`d said, "O Allah's Apostle! This is my brother's son whom my brother entrusted to me." Then 'Abu bin Zam`a got up and said, "This is my brother and the son of the slave-girl of my father." Allah's Apostle said, "O Abu bin Zam`a! This boy is for you as the boy belongs to the bed (where he was born), and for the adulterer is the stone (i.e. deprivation)." Then the Prophet said to his wife Sauda bint Zam`a, "Screen yourself from this boy," when he saw the boy's resemblance to `Utba. Since then the boy did not see Sauda till he died.

Buraidah reported the Apostle of Allaah(saws) as saying “Respect to be shown by those who stay at home to the women of those who are engaged in jihad is t be like that shown to their mothers. If any man among those who stay at home is entrusted with the oversight of one’s family who is engaged in jihad and betrays him, he will be setup for him on the Day of Resurrection and he (the mujahid) will be told “This (man) was entrusted with the oversight of your family, so take what you want from his good deeds. The Apostle of Allaah(saws) turned towards us and said “So what do you think.”

Abu Dawud said “Qa’nab (a narrator of this tradition) was a pious man. Ibn Abi Laila intended to appoint him a judge, but he refused and said “If I intend to fulfill my need of a dirham, I seek the help of a person for it. He said “Which of us does not seek the help in his need? He said “Bring me out so that I may see. So he was brought out, and he concealed himself. Sufyan said “While he was concealing himself.” Sufyan said “While he was concealing himself the house suddenly fell on him and he died.”

who was one of those who used to write the Divine Revelation: Abu Bakr sent for me after the (heavy) casualties among the warriors (of the battle) of Yamama (where a great number of Qurra' were killed). `Umar was present with Abu Bakr who said, `Umar has come to me and said, The people have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be more casualties among the Qurra' (those who know the Qur'an by heart) at other battle-fields, whereby a large part of the Qur'an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur'an." Abu Bakr added, "I said to `Umar, 'How can I do something which Allah's Apostle has not done?' `Umar said (to me), 'By Allah, it is (really) a good thing.' So `Umar kept on pressing, trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as `Umar." (Zaid bin Thabit added:) `Umar was sitting with him (Abu Bakr) and was not speaking. me). "You are a wise young man and we do not suspect you (of telling lies or of forgetfulness): and you used to write the Divine Inspiration for Allah's Apostle. Therefore, look for the Qur'an and collect it (in one manuscript). " By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur'an. I said to both of them, "How dare you do a thing which the Prophet has not done?" Abu Bakr said, "By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and `Umar. So I started locating Qur'anic material and collecting it from parchments, scapula, leaf-stalks of date palms and from the memories of men (who knew it by heart). I found with Khuza`ima two Verses of Surat-at-Tauba which I had not found with anybody else, (and they were):-- "Verily there has come to you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty He (Muhammad) is ardently anxious over you (to be rightly guided)" (9.128) The manuscript on which the Qur'an was collected, remained with Abu Bakr till Allah took him unto Him, and then with `Umar till Allah took him unto Him, and finally it remained with Hafsa, `Umar's daughter.

Abu Bakr sent for me owing to the large number of casualties in the battle of Al-Yamama, while `Umar was sitting with him. Abu Bakr said (to me), `Umar has come to my and said, 'A great number of Qaris of the Holy Qur'an were killed on the day of the battle of Al-Yamama, and I am afraid that the casualties among the Qaris of the Qur'an may increase on other battle-fields whereby a large part of the Qur'an may be lost. Therefore I consider it advisable that you (Abu Bakr) should have the Qur'an collected.' I said, 'How dare I do something which Allah's Apostle did not do?' `Umar said, By Allah, it is something beneficial.' `Umar kept on pressing me for that till Allah opened my chest for that for which He had opened the chest of `Umar and I had in that matter, the same opinion as `Umar had." Abu Bakr then said to me (Zaid), "You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for Allah's Apostle. So you should search for the fragmentary scripts of the Qur'an and collect it (in one Book)." Zaid further said: By Allah, if Abu Bakr had ordered me to shift a mountain among the mountains from one place to another it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said (to `Umar and Abu Bakr), "How can you do something which Allah's Apostle did not do?" Abu Bakr said, "By Allah, it is something beneficial." Zaid added: So he (Abu Bakr) kept on pressing me for that until Allah opened my chest for that for which He had opened the chests of Abu Bakr and `Umar, and I had in that matter, the same opinion as theirs. So I started compiling the Qur'an by collecting it from the leafless stalks of the date-palm tree and from the pieces of leather and hides and from the stones, and from the chests of men (who had memorized the Qur'an). I found the last verses of Sirat-at-Tauba: ("Verily there has come unto you an Apostle (Muhammad) from amongst yourselves--' (9.128-129) ) from Khuza`ima or Abi Khuza`ima and I added to it the rest of the Sura. The manuscripts of the Qur'an remained with Abu Bakr till Allah took him unto Him. Then it remained with `Umar till Allah took him unto Him, and then with Hafsa bint `Umar.

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

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

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

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

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

He said: I mentioned it to al-A’mash. He said: I swear by Allah, I heard it from him.

Aflah, the brother of Abi Al-Qu`ais, asked permission to visit me after the order of Al-Hijab was revealed. I said, "I will not permit him unless I take permission of the Prophet about him for it was not the brother of Abi Al-Qu`ais but the wife of Abi Al-Qu`ais that nursed me." The Prophet entered upon me, and I said to him, "O Allah's Apostle! Aflah, the brother of Abi Al-Qu`ais asked permission to visit me but I refused to permit him unless I took your permission." The Prophet said, "What stopped you from permitting him? He is your uncle." I said, "O Allah's Apostle! The man was not the person who had nursed me, but the woman, the wife of Abi Al-Qu`ais had nursed me." He said, "Admit him, for he is your uncle. Taribat Yaminuki (may your right hand be saved)" `Urwa, the sub-narrator added: For that `Aisha used to say, "Consider those things which are illegal because of blood relations as illegal because of the corresponding foster relations."

I said to `Aisha, "O Mother! Did Prophet Muhammad see his Lord?" Aisha said, "What you have said makes my hair stand on end ! Know that if somebody tells you one of the following three things, he is a liar: Whoever tells you that Muhammad saw his Lord, is a liar." Then Aisha recited the Verse: 'No vision can grasp Him, but His grasp is over all vision. He is the Most Courteous Well-Acquainted with all things.' (6.103) 'It is not fitting for a human being that Allah should speak to him except by inspiration or from behind a veil.' (42.51) `Aisha further said, "And whoever tells you that the Prophet knows what is going to happen tomorrow, is a liar." She then recited: 'No soul can know what it will earn tomorrow.' (31.34) She added: "And whoever tell you that he concealed (some of Allah's orders), is a liar." Then she recited: 'O Apostle! Proclaim (the Message) which has been sent down to you from your Lord..' (5.67) `Aisha added. "But the Prophet saw Gabriel in his true form twice."

We were with the Prophet in Dhul-Hulaifa and there the people were struck with severe hunger. Then we got camels and sheep as war booty (and slaughtered them). The Prophet was behind all the people. The people hurried and fixed the cooking pots (for cooking) but the Prophet came there and ordered that the cooking pots be turned upside down. Then he distributed the animals, regarding ten sheep as equal to one camel. One of the camels ran away and there were a few horses with the people. They chased the camel but they got tired, whereupon a man shot it with an arrow whereby Allah stopped it. The Prophet said, "Among these animals some are as wild as wild beasts, so if one of them runs away from you, treat it in this way." I said. "We hope, or we are afraid that tomorrow we will meet the enemy and we have no knives, shall we slaughter (our animals) with canes?" The Prophet said, "If the killing tool causes blood to gush out and if Allah's Name is mentioned, eat (of the slaughterer animal). But do not slaughter with a tooth or a nail. I am telling you why: A tooth is a bone, and the nail is the knife of Ethiopians."

Allah's Apostle said, "On the Day of Resurrection the Kanz (Treasure or wealth of which, Zakat has not been paid) of anyone of you will appear in the shape of a huge bald headed poisonous male snake and its owner will run away from it, but it will follow him and say, 'I am your Kanz.'" The Prophet added, "By Allah, that snake will keep on following him until he stretches out his hand and let the snake swallow it." Allah's Apostle added, "If the owner of camels does not pay their Zakat, then, on the Day of Resurrection those camels will come to him and will strike his face with their hooves." Some people said: Concerning a man who has camels, and is afraid that Zakat will be due so he sells those camels for similar camels or for sheep or cows or money one day before Zakat becomes due in order to avoid payment of their Zakat cunningly! "He has not to pay anything." The same scholar said, "If one pays Zakat of his camels one day or one year prior to the end of the year (by the end of which Zakat becomes due), his Zakat will be valid."

I heard Hudhaifa saying, "While we were sitting with `Umar, he said, 'Who among you remembers the statement of the Prophet about the afflictions?' Hudhaifa said, "The affliction of a man in his family, his property, his children and his neighbors are expiated by his prayers, Zakat (and alms) and enjoining good and forbidding evil." `Umar said, "I do not ask you about these afflictions, but about those afflictions which will move like the waves of the sea." Hudhaifa said, "Don't worry about it, O chief of the believers, for there is a closed door between you and them." `Umar said, "Will that door be broken or opened?" I said, "No. it will be broken." `Umar said, "Then it will never be closed," I said, "Yes." We asked Hudhaifa, "Did `Umar know what that door meant?" He replied, "Yes, as I know that there will be night before tomorrow morning, that is because I narrated to him a true narration free from errors." We dared not ask Hudhaifa as to whom the door represented so we ordered Masruq to ask him what does the door stand for? He replied, "`Umar."

Al-Miswar bin Makhrama came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present and marking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptor loses his right of preemption."

Safiya got her menses on the night of Nafr (departure from Hajj), and she said, "I see that I will detain you." The Prophet said, "Aqra Halqa! Did she perform the Tawaf on the Day of Nahr (slaughtering)?" Somebody replied in the affirmative. He said, "Then depart." (Different narrators mentioned that) `Aisha said, "We set out with Allah''s Apostle (from Medina) with the intention of performing Hajj only. When we reached Mecca, he ordered us to finish the Ihram. When it was the night of Nafr (departure), Safiya bint Huyay got her menses. The Prophet said, "Halqa Aqra! I think that she will detain you," and added, "Did you perform the Tawaf (Al-Ifada) on the Day of Nahr (slaughtering)?" She replied, "Yes." He said, "Then depart." I said, "O Allah''s Apostle! I have not (done the Umra)." He replied, "Perform `Umra from Tan`im." My brother went with me and we came across the Prophet in the last part of the night. He said, "Wait at such and such a place."

"A man came to the Prophet while he was at Ji'rana. The man was wearing a cloak which had traces of Khaluq or Sufra (a kind of perfume). The man asked (the Prophet ), 'What do you order me to perform in my `Umra?' So, Allah inspired the Prophet divinely and he was screened by a place of cloth. I wished to see the Prophet being divinely inspired. `Umar said to me, 'Come! Will you be pleased to look at the Prophet while Allah is inspiring him?' I replied in the affirmative. `Umar lifted one corner of the cloth and I looked at the Prophet who was snoring. (The sub-narrator thought that he said: The snoring was like that of a camel). When that state was over, the Prophet asked, "Where is the questioner who asked about `Umra? Put off your cloak and wash away the traces of Khaluq from your body and clean the Sufra (yellow color) and perform in your Umra what you perform in your Hajj (i.e. the Tawaf round the Ka`ba and the Sa`i between Safa and Marwa). "

I came to the Prophet at Al-Batha' while his camel was kneeling down and he asked me, "Have you intended to perform the Hajj?" I replied in the affirmative. He asked me, 'With what intention have you assumed Ihram?" I replied, "I have assumed Ihram with the same intention as that of the Prophet. He said, "You have done well. Perform the Tawaf of the Ka`ba and (the Sai) between As-Safa and Al- Marwa and then finish the Ihram." So, I performed the Tawaf around the Ka`ba and the Sai) between As-Safa and Al-Marwa and then went to a woman of the tribe of Qais who cleaned my head from lice. Later I assumed the Ihram for Hajj. I used to give the verdict of doing the same till the caliphate of `Umar who said, "If you follow the Holy Book then it orders you to remain in the state of Ihram till you finish from Hajj, if you follow the Prophet then he did not finish his Ihram till the Hadi (sacrifice) had reached its place of slaughtering (Hajj-al-Qiran).

`Umar said, "I agreed with Allah in three things," or said, "My Lord agreed with me in three things. I said, 'O Allah's Apostle! Would that you took the station of Abraham as a place of prayer.' I also said, 'O Allah's Apostle! Good and bad persons visit you! Would that you ordered the Mothers of the believers to cover themselves with veils.' So the Divine Verses of Al-Hijab (i.e. veiling of the women) were revealed. I came to know that the Prophet had blamed some of his wives so I entered upon them and said, 'You should either stop (troubling the Prophet ) or else Allah will give His Apostle better wives than you.' When I came to one of his wives, she said to me, 'O `Umar! Does Allah's Apostle haven't what he could advise his wives with, that you try to advise them?' " Thereupon Allah revealed:-- "It may be, if he divorced you (all) his Lord will give him instead of you, wives better than you Muslims (who submit to Allah).." (66.5)

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates.

"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."

Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."

(the wife of the Prophet) Allah's Apostle died while Abu Bakr was at a place called As-Sunah (Al-'Aliya) 'Umar stood up and said, "By Allah! Allah's Apostle is not dead!" 'Umar (later on) said, "By Allah! Nothing occurred to my mind except that." He said, "Verily! Allah will resurrect him and he will cut the hands and legs of some men." Then Abu Bakr came and uncovered the face of Allah's Apostle, kissed him and said, "Let my mother and father be sacrificed for you, (O Allah's Apostle), you are good in life and in death. By Allah in Whose Hands my life is, Allah will never make you taste death twice." Then he went out and said, "O oath-taker! Don't be hasty." When Abu Bakr spoke, 'Umar sat down. Abu Bakr praised and glorified Allah and said, No doubt! Whoever worshipped Muhammad, then Muhammad is dead, but whoever worshipped Allah, then Allah is Alive and shall never die." Then he recited Allah's Statement.:-- "(O Muhammad) Verily you will die, and they also will die." (39.30) He also recited:--

"Muhammad is no more than an Apostle; and indeed many Apostles have passed away, before him, If he dies Or is killed, will you then Turn back on your heels? And he who turns back On his heels, not the least Harm will he do to Allah And Allah will give reward to those Who are grateful." (3.144)

The people wept loudly, and the Ansar were assembled with Sad bin 'Ubada in the shed of Bani Saida. They said (to the emigrants). "There should be one 'Amir from us and one from you." Then Abu Bakr, Umar bin Al-Khattab and Abu 'baida bin Al-Jarrah went to them. 'Umar wanted to speak but Abu Bakr stopped him. 'Umar later on used to say, "By Allah, I intended only to say something that appealed to me and I was afraid that Abu Bakr would not speak so well. Then Abu Bakr spoke and his speech was very eloquent. He said in his statement, "We are the rulers and you (Ansars) are the ministers (i.e. advisers)," Hubab bin Al-Mundhir said, "No, by Allah we won't accept this. But there must be a ruler from us and a ruler from you." Abu Bakr said, "No, we will be the rulers and you will be the ministers, for they (i.e. Quarish) are the best family amongst the 'Arabs and of best origin. So you should elect either 'Umar or Abu 'Ubaida bin Al-Jarrah as your ruler." 'Umar said (to Abu Bakr), "No but we elect you, for you are our chief and the best amongst us and the most beloved of all of us to Allah's Apostle." So 'Umar took Abu Bakr's hand and gave the pledge of allegiance and the people too gave the pledge of allegiance to Abu Bakr. Someone said, "You have killed Sad bin Ubada." 'Umar said, "Allah has killed him."

Um Al-`Ala an Ansari woman who had given a pledge of allegiance to Allah's Apostle told me:, "The Muhajirln (emigrants) were distributed amongst us by drawing lots, and we got `Uthman bin Maz'un in our share. We made him stay with us in our house. Then he suffered from a disease which proved fatal. When he died and was given a bath and was shrouded in his clothes. Allah's Apostle came, I said, (addressing the dead body), 'O Aba As-Sa'ib! May Allah be Merciful to you! I testify that Allah has honored you.' Allah's Apostle said, 'How do you know that Allah has honored him?" I replied, 'Let my father be sacrificed for you, O Allah's Apostle! On whom else shall Allah bestow. His honor?' Allah's Apostle said, 'As for him, by Allah, death has come to him. By Allah, I wish him all good (from Allah). By Allah, in spite of the fact that I am Allah's Apostle, I do not know what Allah will do to me.", Um Al-`Ala added, "By Allah, I will never attest the righteousness of anybody after that."

Um Al-`Ala an Ansari woman who had given the Pledge of allegiance to Allah's Apostle said, "`Uthman bin Maz'un came in our share when the Ansars drew lots to distribute the emigrants (to dwell) among themselves, He became sick and we looked after (nursed) him till he died. Then we shrouded him in his clothes. Allah's Apostle came to us, I (addressing the dead body) said, "May Allah's Mercy be on you, O Aba As-Sa'ib! I testify that Allah has honored you." The Prophet said, 'How do you know that?' I replied, 'I do not know, by Allah.' He said, 'As for him, death has come to him and I wish him all good from Allah. By Allah, though I am Allah's Apostle, I neither know what will happen to me, nor to you.'" Um Al-`Ala said, "By Allah, I will never attest the righteousness of anybody after that." She added, "Later I saw in a dream, a flowing spring for `Uthman. So I went to Allah's Apostle and mentioned that to him. He said, 'That is (the symbol of) his good deeds (the reward for) which is going on for him.' "

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."

The Messenger of Allah (saws) said: The best day on which the sun has risen is Friday; on it Adam was created, on it he was expelled (from Paradise), on it his contrition was accepted, on it he died, and on it the Last Hour will take place. On Friday every beast is on the lookout from dawn to sunrise in fear of the Last Hour, but not jinn and men, and it contains a time at which no Muslim prays and asks anything from Allah but He will give it to him. Ka'b said: That is one day every year. So I said: It is on every Friday. Ka'b read the Torah and said: The Messenger of Allah (saws) has spoken the truth. AbuHurayrah said: I met Abdullah ibn Salam and told him of my meeting with Ka'b. Abdullah ibn Salam said: I know what time it is. AbuHurayrah said: I asked him to tell me about it. Abdullah ibn Salam said: It is at the very end of Friday. I asked: How can it be when the Messenger of Allah (saws) has said: "No Muslim finds it while he is praying...." and this is the moment when no prayer is offered. Abdullah ibn Salam said: Has the Messenger of Allah (saws) not said: "If anyone is seated waiting for the prayer, he is engaged in the prayer until he observes it." I said: Yes, it is so.

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me, and I asked him again and he gave me and said, 'O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand." Hakim added, "I said, O Allah's Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die." Afterwards Abu Bakr used to call Hakim to give him something but he refused to accept anything from him. Then `Umar called him to give him (something) but he refused. Then `Umar said, "O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it." Thus Hakim did not ask anybody for anything after the Prophet, till he died--may Allah bestow His mercy upon him.

When `Umar was stabbed, he showed signs of agony. Ibn `Abbas, as if intending to encourage `Umar, said to him, "O Chief of the believers! Never mind what has happened to you, for you have been in the company of Allah's Apostle and you kept good relations with him and you parted with him while he was pleased with you. Then you were in the company of Abu Bakr and kept good relations with him and you parted with him (i.e. he died) while he was pleased with you. Then you were in the company of the Muslims, and you kept good relations with them, and if you leave them, you will leave them while they are pleased with you." `Umar said, (to Ibn "Abbas), "As for what you have said about the company of Allah's Apostle and his being pleased with me, it is a favor, Allah did to me; and as for what you have said about the company of Abu Bakr and his being pleased with me, it is a favor Allah did to me; and concerning my impatience which you see, is because of you and your companions. By Allah! If (at all) I had gold equal to the earth, I would have ransomed myself with it from the Punishment of Allah before I meet Him."

Once I went with `Umar bin Al-Khattab to the market. A young woman followed `Umar and said, "O chief of the believers! My husband has died, leaving little children. By Allah, they have not even a sheep's trotter to cook; they have no farms or animals. I am afraid that they may die because of hunger, and I am the daughter of Khufaf bin Ima Al-Ghafari, and my father witnessed the Pledge of allegiance) of Al-Hudaibiya with the Prophet.' `Umar stopped and did not proceed, and said, "I welcome my near relative." Then he went towards a strong camel which was tied in the house, and carried on to it, two sacks he had loaded with food grains and put between them money and clothes and gave her its rope to hold and said, "Lead it, and this provision will not finish till Allah gives you a good supply." A man said, "O chief of the believers! You have given her too much." "`Umar said disapprovingly. "May your mother be bereaved of you! By Allah, I have seen her father and brother besieging a fort for a long time and conquering it, and then we were discussing what their shares they would have from that war booty."

I was sleeping in the mosque on a cloak mine whose price was thirty dirhams. A man came and pinched it away from me. The man was seized and brought to the Messenger of Allah (saws). He ordered that his hand should be cut off. I came to him and said: Do you cut off only for thirty dirhams ? I sell it to him and make the payment of its price a loan ? He said: Why did you not do so before bringing him to me ?

Abu Dawud said: Za'idah has also transmitted it from Simak from Ju'ayd ibn Hujayr. He said: Safwan slept. Mujahid and Tawus said: While he was sleeping a thief came and stole the cloak from beneath his head. The version of AbuSalamah ibn AbdurRahman has: He snatched it away from beneath his head and he awoke. He cried and he (the thief) was seized. Az-Zuhri narrated from Safwan ibn Abdullah. His version has: He slept in the mosque and used his cloak as pillow. A thief came and took his cloak. The thief was seized and brought to the Prophet (saws).

Yahya said that Malik spoke about an investor who made a qirad loan and stipulated to the agent that only certain goods should be bought with his money or he forbade certain goods which he named to be bought. He said, "There is no harm in an investor making a condition on an agent in qirad not to buy a certain kind of animal or goods which he specifies. It is disapproved of for an investor to make as a condition on an agent in qirad that he only buy certain goods unless the goods which he orders him to buy are in plentiful supply and do not fail either in winter or summer. There is no harm in that case."

Malik spoke about an investor who loaned qirad money and stipulated that something of the profit should be his alone without the agent sharing in it. He said, "That is not good, even if it is only one dirham unless he stipulates that half the profit is his and half the profit is the agent's or a third or a fourth or whatever. When he names a percentage, whether great or small, everything specified by that is halal. This is the qirad of the muslims."

He said, "It is also not good if the investor stipulates that one dirham or more of the profit is purely his, with out the agent sharing it and then what remains of the profit is to be divided in half between them. That is not the qirad of the Muslims."

I went to the Prophet along with a group of Al-Ash`ariyin in order to request him to provide us with mounts. He said, "By Allah, I will not provide you with mounts and I haven't got anything to mount you on." Then we stayed there as long as Allah wished us to stay, and then three very nice looking she-camels were brought to him and he made us ride them. When we left, we, or some of us, said, "By Allah, we will not be blessed, as we came to the Prophet asking him for mounts, and he swore that he would not give us any mounts but then he did give us. So let us go back to the Prophet and remind him (of his oath)." When we returned to him (and reminded him of the fact), he said, "I did not give you mounts, but it is Allah Who gave you. By Allah, Allah willing, if I ever take an oath to do something and then I find something else than the first, I will make expiation for my oath and do the thing which is better (or do something which is better and give the expiation for my oath).

Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."

Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."

Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."

When the ailment of the Prophet became aggravated and his disease became severe, he asked his wives to permit him to be nursed (treated) in my house. So they gave him the permission. Then the Prophet came (to my house) with the support of two men, and his legs were dragging on the ground, between `Abbas, and another man." 'Ubaidullah (the sub narrator) said, "I informed `Abdullah bin `Abbas of what `Aisha said. Ibn `Abbas said: 'Do you know who was the other man?' I replied in the negative. Ibn `Abbas said, 'He was `Ali (bin Abi Talib)." `Aisha further said, "When the Prophet came to my house and his sickness became aggravated he ordered us to pour seven skins full of water on him, so that he might give some advice to the people. So he was seated in a Mikhdab (brass tub) belonging to Hafsa, the wife of the Prophet. Then, all of us started pouring water on him from the water skins till he beckoned to us to stop and that we have done (what he wanted us to do). After that he went out to the people."

My uncle brought me (to Medina) in the pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore a child, AbdurRahman ibn al-Hubab, to him and he (al-Hubab) then died.

Thereupon his wife said: I swear by Allah, now you will be sold (as a repayment) for his loan.

So I came to the Messenger of Allah (saws) and said: Messenger of Allah! I am a woman of Banu Kharijah Qays ibn Aylan. My uncle had brought me to Medina in pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore AbdurRahman ibn al-Hubab to him. His wife said: I swear by Allah, you will be sold for his loan.

The Messenger of Allah (saws) said: Who is the guardian of al-Hubab?

He was told: His brother, AbulYusr ibn Amr. He then sent for him and said: Set her free; when you hear that some slaves have been brought to me, came to me, and I shall compensate you for her.

She said: They set me free, and when some slaves were brought to the Messenger of Allah (saws), he gave them a slave in compensation for me.