Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.' "

108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''

Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that at-Tufayl ibn Ubayy ibn Kab told him that he visited Abdullah ibn Umar one morning and went out with him to the market, and when they were out, Abdullah ibn Umar did not pass by anyone selling poor merchandise or selling commodities or a needy person or anyone but that he greeted them.

At-Tufayl said, "I came to Abdullah ibn Umar one day and he asked me to follow him to the market. I said to him, 'What will you do in the market if you will not stop to sell nor seek any goods or barter with them or sit in any of the assemblies or market?' Abdullah ibn Umar said that we should sit down and talk, and then he explained, 'Abu Batni, (lit. father of the belly, at- Tufayl had a prominent stomach), we go out in the morning only for the sake of the greeting. We greet whomever we meet.' "

The collector used to visit the water-hole when the sheep went there and say: Pay the sadaqah (zakat) on your property. The narrator said: A man wanted to give him his high-humped camel (kawma'). The narrator (Hilal) asked: What is kawma', AbuSalih? He said: A camel a high hump.

The narrator continued: He (the collector) refused to accept it. He said: I wish you could take the best of my camels. He refused to accept it. He then brought another camel lower in quality than the previous one. He refused to accept it too. He then brought another camel lower in quality than the previous one. He accepted it, saying: I shall take it, but I am afraid the Messenger of Allah (saws) might be angry with me, saying to me: You have purposely taken from a man a camel of your choice.

Abu Dawud said: This tradition has also been narrated by Hushaim from Hilal bin Khabbab to the same effect. But he said: Those which are in one flock are not to be separated.

The father or Uncle of Mujibah al-Bahiliyyah visited the Messenger of Allah (saws). He then went away and came to him (again) after one year when his condition and appearance had changed.

He said: Messenger of Allah, do you not recognize me? He asked: Who are you? He replied: I am al-Bahili who came to you last year. He said: What has changed you? You were looking well, then you were good in appearance? He said: I have only food at night since I departed from you.

Thereupon the Messenger of Allah (saws) said: Why did you torment yourself? Fast during Ramadan (the month of patience) and fast for one day every month. He said: Increase it for me, for I have (more) strength. He said: Fast two days. He again said: Increase it for me. He said: Fast three days. He again said: Increase it for me. He said: Fast during the inviolable months and then stop; fast during the inviolable months and then stop; fast during the inviolable months and then stop. He indicated by his three fingers, and joined them and then opened them.

The Messenger of Allah (saws) came to visit Abdullah ibn Thabit who was ill. He found that he was dominated (by the divine decree). The Messenger of Allah (saws) called him loudly, but he did not respond.

He uttered the Qur'anic verse "We belong to Allah and to Him do we return" and he said: We have been dominated against you, AburRabi'. Then the women cried and wept, and Ibn Atik began to silence them. The Messenger of Allah (saws) said: Leave them, when the divine decree is made, no woman should weep.

They (the people) asked: What is necessary happening, Messenger of Allah? He replied: Death. His daughter said: I hope you will be a martyr, for you have completed your preparations for jihad. The Messenger of Allah (saws) said: Allah Most High gave him a reward according to his intentions. What do you consider martyrdom?

They said: Being killed in the cause of Allah.

The Messenger of Allah (saws) said: There are seven types of martyrdom in addition to being killed in Allah's cause: one who dies of plague is a martyr; one who is drowned is a martyr; one who dies of pleurisy is a martyr; one who dies of an internal complaint is a martyr; one who is burnt to death is a martyr; who one is killed by a building falling on him is a martyr; and a woman who dies while pregnant is a martyr.

Whenever Allah's Apostle intended to go on a journey, he used to draw lots amongst his wives, and Allah's Apostle used to take with him the one on whom lot fell. He drew lots amongst us during one of the Ghazwat which he fought. The lot fell on me and so I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed. I was carried (on the back of a camel) in my howdah and carried down while still in it (when we came to a halt). So we went on till Allah's Apostle had finished from that Ghazwa of his and returned. When we approached the city of Medina he announced at night that it was time for departure. So when they announced the news of departure, I got up and went away from the army camps, and after finishing from the call of nature, I came back to my riding animal. I touched my chest to find that my necklace which was made of Zifar beads (i.e. Yemenite beads partly black and partly white) was missing. So I returned to look for my necklace and my search for it detained me. (In the meanwhile) the people who used to carry me on my camel, came and took my howdah and put it on the back of my camel on which I used to ride, as they considered that I was in it. In those days women were light in weight for they did not get fat, and flesh did not cover their bodies in abundance as they used to eat only a little food. Those people therefore, disregarded the lightness of the howdah while lifting and carrying it; and at that time I was still a young girl. They made the camel rise and all of them left (along with it). I found my necklace after the army had gone. Then I came to their camping place to find no call maker of them, nor one who would respond to the call. So I intended to go to the place where I used to stay, thinking that they would miss me and come back to me (in my search). While I was sitting in my resting place, I was overwhelmed by sleep and slept. Safwan bin Al-Muattal As-Sulami Adh-Dhakwani was behind the army. When he reached my place in the morning, he saw the figure of a sleeping person and he recognized me on seeing me as he had seen me before the order of compulsory veiling (was prescribed). So I woke up when he recited Istirja' (i.e. "Inna li l-lahi wa inna llaihi raji'un") as soon as he recognized me. I veiled my face with my head cover at once, and by Allah, we did not speak a single word, and I did not hear him saying any word besides his Istirja'. He dismounted from his camel and made it kneel down, putting his leg on its front legs and then I got up and rode on it. Then he set out leading the camel that was carrying me till we overtook the army in the extreme heat of midday while they were at a halt (taking a rest). (Because of the event) some people brought destruction upon themselves and the one who spread the Ifk (i.e. slander) more, was `Abdullah bin Ubai Ibn Salul." (Urwa said, "The people propagated the slander and talked about it in his (i.e. `Abdullah's) presence and he confirmed it and listened to it and asked about it to let it prevail." `Urwa also added, "None was mentioned as members of the slanderous group besides (`Abdullah) except Hassan bin Thabit and Mistah bin Uthatha and Hamna bint Jahsh along with others about whom I have no knowledge, but they were a group as Allah said. It is said that the one who carried most of the slander was `Abdullah bin Ubai bin Salul." `Urwa added, "`Aisha disliked to have Hassan abused in her presence and she used to say, 'It was he who said: My father and his (i.e. my father's) father and my honor are all for the protection of Muhammad's honor from you."). `Aisha added, "After we returned to Medina, I became ill for a month. The people were propagating the forged statements of the slanderers while I was unaware of anything of all that, but I felt that in my present ailment, I was not receiving the same kindness from Allah's Apostle as I used to receive when I got sick. (But now) Allah's Apostle would only come, greet me and say,' How is that (lady)?' and leave. That roused my doubts, but I did not discover the evil (i.e. slander) till I went out after my convalescence, I went out with Um Mistah to Al-Manasi' where we used to answer the call of nature and we used not to go out (to answer the call of nature) except at night, and that was before we had latrines near our houses. And this habit of our concerning evacuating the bowels, was similar to the habits of the old 'Arabs living in the deserts, for it would be troublesome for us to take latrines near our houses. So I and Um Mistah who was the daughter of Abu Ruhm bin Al-Muttalib bin `Abd Manaf, whose mother was the daughter of Sakhr bin 'Amir and the aunt of Abu Bakr As-Siddiq and whose son was Mistah bin Uthatha bin `Abbas bin Al-Muttalib, went out. I and Um Mistah returned to my house after we finished answering the call of nature. Um Mistah stumbled by getting her foot entangled in her covering sheet and on that she said, 'Let Mistah be ruined!' I said, 'What a hard word you have said. Do you abuse a man who took part in the battle of Badr?' On that she said, 'O you Hantah! Didn't you hear what he (i.e. Mistah) said? 'I said, 'What did he say?' Then she told me the slander of the people of Ifk. So my ailment was aggravated, and when I reached my home, Allah's Apostle came to me, and after greeting me, said, 'How is that (lady)?' I said, 'Will you allow me to go to my parents?' as I wanted to be sure about the news through them. Allah's Apostle allowed me (and I went to my parents) and asked my mother, 'O mother! What are the people talking about?' She said, 'O my daughter! Don't worry, for scarcely is there a charming woman who is loved by her husband and whose husband has other wives besides herself that they (i.e. women) would find faults with her.' I said, 'Subhan-Allah! (I testify the uniqueness of Allah). Are the people really talking in this way?' I kept on weeping that night till dawn I could neither stop weeping nor sleep then in the morning again, I kept on weeping. When the Divine Inspiration was delayed. Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid to ask and consult them about divorcing me. Usama bin Zaid said what he knew of my innocence, and the respect he preserved in himself for me. Usama said, '(O Allah's Apostle!) She is your wife and we do not know anything except good about her.' `Ali bin Abi Talib said, 'O Allah's Apostle! Allah does not put you in difficulty and there are plenty of women other than she, yet, ask the maid-servant who will tell you the truth.' On that Allah's Apostle called Barira (i.e. the maid-servant) and said, 'O Barira! Did you ever see anything which aroused your suspicion?' Barira said to him, 'By Him Who has sent you with the Truth. I have never seen anything in her (i.e. Aisha) which I would conceal, except that she is a young girl who sleeps leaving the dough of her family exposed so that the domestic goats come and eat it.' So, on that day, Allah's Apostle got up on the pulpit and complained about `Abdullah bin Ubai (bin Salul) before his companions, saying, 'O you Muslims! Who will relieve me from that man who has hurt me with his evil statement about my family? By Allah, I know nothing except good about my family and they have blamed a man about whom I know nothing except good and he used never to enter my home except with me.' Sa`d bin Mu`adh the brother of Banu `Abd Al-Ashhal got up and said, 'O Allah's Apostle! I will relieve you from him; if he is from the tribe of Al-Aus, then I will chop his head off, and if he is from our brothers, i.e. Al-Khazraj, then order us, and we will fulfill your order.' On that, a man from Al-Khazraj got up. Um Hassan, his cousin, was from his branch tribe, and he was Sa`d bin Ubada, chief of Al-Khazraj. Before this incident, he was a pious man, but his love for his tribe goaded him into saying to Sa`d (bin Mu`adh). 'By Allah, you have told a lie; you shall not and cannot kill him. If he belonged to your people, you would not wish him to be killed.' On that, Usaid bin Hudair who was the cousin of Sa`d (bin Mu`adh) got up and said to Sa`d bin 'Ubada, 'By Allah! You are a liar! We will surely kill him, and you are a hypocrite arguing on the behalf of hypocrites.' On this, the two tribes of Al-Aus and Al Khazraj got so much excited that they were about to fight while Allah's Apostle was standing on the pulpit. Allah's Apostle kept on quietening them till they became silent and so did he. All that day I kept on weeping with my tears never ceasing, and I could never sleep. In the morning my parents were with me and I wept for two nights and a day with my tears never ceasing and I could never sleep till I thought that my liver would burst from weeping. So, while my parents were sitting with me and I was weeping, an Ansari woman asked me to grant her admittance. I allowed her to come in, and when she came in, she sat down and started weeping with me. While we were in this state, Allah's Apostle came, greeted us and sat down. He had never sat with me since that day of the slander. A month had elapsed and no Divine Inspiration came to him about my case. Allah's Apostle then recited Tashah-hud and then said, 'Amma Badu, O `Aisha! I have been informed so-andso about you; if you are innocent, then soon Allah will reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him for forgiveness for when a slave confesses his sins and asks Allah for forgiveness, Allah accepts his repentance.' (continued...) (continuing... 1): -5.462:... ... When Allah's Apostle finished his speech, my tears ceased flowing completely that I no longer felt a single drop of tear flowing. I said to my father, 'Reply to Allah's Apostle on my behalf concerning what he has said.' My father said, 'By Allah, I do not know what to say to Allah's Apostle .' Then I said to my mother, 'Reply to Allah's Apostle on my behalf concerning what he has said.' She said, 'By Allah, I do not know what to say to Allah's Apostle.' In spite of the fact that I was a young girl and had a little knowledge of Qur'an, I said, 'By Allah, no doubt I know that you heard this (slanderous) speech so that it has been planted in your hearts (i.e. minds) and you have taken it as a truth. Now if I tell you that I am innocent, you will not believe me, and if confess to you about it, and Allah knows that I am innocent, you will surely believe me. By Allah, I find no similitude for me and you except that of Joseph's father when he said, '(For me) patience in the most fitting against that which you assert; it is Allah (Alone) Whose Help can be sought.' Then I turned to the other side and lay on my bed; and Allah knew then that I was innocent and hoped that Allah would reveal my innocence. But, by Allah, I never thought that Allah would reveal about my case, Divine Inspiration, that would be recited (forever) as I considered myself too unworthy to be talked of by Allah with something of my concern, but I hoped that Allah's Apostle might have a dream in which Allah would prove my innocence. But, by Allah, before Allah's Apostle left his seat and before any of the household left, the Divine inspiration came to Allah's Apostle. So there overtook him the same hard condition which used to overtake him, (when he used to be inspired Divinely). The sweat was dropping from his body like pearls though it was a wintry day and that was because of the weighty statement which was being revealed to him. When that state of Allah's Apostle was over, he got up smiling, and the first word he said was, 'O `Aisha! Allah has declared your innocence!' Then my Mother said to me, 'Get up and go to him (i.e. Allah's Apostle). I replied, 'By Allah, I will not go to him, and I praise none but Allah. So Allah revealed the ten Verses:- - "Verily! They who spread the slander Are a gang, among you............." (24.11-20) Allah revealed those Qur'anic Verses to declare my innocence. Abu Bakr As-Siddiq who used to disburse money for Mistah bin Uthatha because of his relationship to him and his poverty, said, 'By Allah, I will never give to Mistah bin Uthatha anything after what he has said about Aisha.' Then Allah revealed:-- "And let not those among you who are good and wealthy swear not to give (any sort of help) to their kinsmen, those in need, and those who have left their homes for Allah's cause, let them pardon and forgive. Do you not love that Allah should forgive you? And Allah is oft-Forgiving Most Merciful." (24.22) Abu Bakr As-Siddiq said, 'Yes, by Allah, I would like that Allah forgive me.' and went on giving Mistah the money he used to give him before. He also added, 'By Allah, I will never deprive him of it at all.' Aisha further said:." Allah's Apostle also asked Zainab bint Jahsh (i.e. his wife) about my case. He said to Zainab, 'What do you know and what did you see?" She replied, "O Allah's Apostle! I refrain from claiming falsely that I have heard or seen anything. By Allah, I know nothing except good (about `Aisha).' From amongst the wives of the Prophet Zainab was my peer (in beauty and in the love she received from the Prophet) but Allah saved her from that evil because of her piety. Her sister Hamna, started struggling on her behalf and she was destroyed along with those who were destroyed. The man who was blamed said, 'Subhan-Allah! By Him in Whose Hand my soul is, I have never uncovered the cover (i.e. veil) of any female.' Later on the man was martyred in Allah's Cause."

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

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

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

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

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

That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."

[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."

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

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

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

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