By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."

My father gave me a gift. The narrator Isma'il b. Salim said: (He gave me) his slave as a gift. My mother 'Umrah daughter of Rawahah said: Go to the Messenger of Allah and call him as witness. He then came to the Prophet (saws) and mentioned it to him. He said him: I have given my son al-Nu'man a gift, and 'Umrah has asked me to call you as witness to it. He asked him: Have you children other than him? He said: I replied: Yes. He again asked: Have you given the rest of them the same as you have given al-Nu'man ? He said: No. Some of these narrators said in their version (that the Prophet said:) This in injustice. The others said in their version (that the Prophet said:) This is under force. So call some other person than me as witness to it. Mughirah said in his version: (The Prophet asked): Are you not pleased with the fact that all of them may be equal in virtue and grace ? He replied: Yes. He said: Then call some other person than me as witness to it. Mujahid mentioned in his version: They have right to you that you should do justice to them, as you have right to them that they should do good to you.

Abu Dawud said: In the version of al-Zuhri some (narrators) said: (Have you given) to all your sons ? and some (narrators) said: Your children. Ibn Abi Khalid narrated from al-Sha'bi in his version: Have your sons other than him ? Abu al-Duha narrated on the authority of al-Nu'man b. Bashir: Have you children other than him ?

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

The Messenger of Allah (saws) came to visit us in our house, and said: Peace and Allah's mercy be upon you! Sa'd returned the greeting in a lower tone.

Qays said: I said: Do you not grant permission to the Messenger of Allah (saws) to enter?

He said: Leave him, he will give us many greetings. The Messenger of Allah (saws) then said: Peace and Allah's mercy be upon you! Sa'd again responded in a lower tone. The Messenger of Allah (saws) again said: Peace and Allah's mercy be upon you! So the Messenger of Allah (saws) went away.

Sa'd went after him and said: Messenger of Allah! I heard your greetings and responded in a lower tone so that you might give us many greetings. The Messenger of Allah (saws) returned with him. Sa'd then offered to prepare bath-water for him, and he took a bath. He then gave him a long wrapper dyed with saffron or wars and he wrapped himself in it.

The Messenger of Allah (saws) then raised his hands and said: O Allah, bestow Thy blessings and mercy on the family of Sa'd ibn Ubadah! The Messenger of Allah (saws) then shared their meals.

When he intended to return, Sa'd brought near him an ass which was covered with a blanket. The Messenger of Allah (saws) mounted it.

Sa'd said: O Qays, accompany the Messenger of Allah. Qays said: The Messenger of Allah (saws) said to me: Ride. But I refused. He again said: Either ride or go away. He said: So I went away.

Hisham said: AbuMarwan (transmitted) from Muhammad ibn AbdurRahman ibn As'ad ibn Zurarah.

Abu Dawud said: 'Umar b. 'Abd al-Wahid and Ibn Sama'ah transmitted it from al-Awzai' in mursal form (the ling of the Companion being missing), and they did not mention Qais b. Sa'd.

Hisham said : No sacrificial animal was offered during all this time.

In the version of Hammad bin Salamah, the narrator Musa added when the night of al-Batha came Ai’ shah was purified.

When Az-Zubair married me, he had no real property or any slave or anything else except a camel which drew water from the well, and his horse. I used to feed his horse with fodder and drew water and sew the bucket for drawing it, and prepare the dough, but I did not know how to bake bread. So our Ansari neighbors used to bake bread for me, and they were honorable ladies. I used to carry the date stones on my head from Zubair's land given to him by Allah's Apostle and this land was two third Farsakh (about two miles) from my house. One day, while I was coming with the date stones on my head, I met Allah's Apostle along with some Ansari people. He called me and then, (directing his camel to kneel down) said, "Ikh! Ikh!" so as to make me ride behind him (on his camel). I felt shy to travel with the men and remembered Az-Zubair and his sense of Ghira, as he was one of those people who had the greatest sense of Ghira. Allah's Apostle noticed that I felt shy, so he proceeded. I came to Az-Zubair and said, "I met Allah's Apostle while I was carrying a load of date stones on my head, and he had some companions with him. He made his camel kneel down so that I might ride, but I felt shy in his presence and remembered your sense of Ghira (See the glossary). On that Az-Zubair said, "By Allah, your carrying the date stones (and you being seen by the Prophet in such a state) is more shameful to me than your riding with him." (I continued serving in this way) till Abu Bakr sent me a servant to look after the horse, whereupon I felt as if he had set me free.

While I was walking with the Prophet at the Hurra of Medina in the evening, the mountain of Uhud appeared before us. The Prophet said, "O Abu Dhar! I would not like to have gold equal to Uhud (mountain) for me, unless nothing of it, not even a single Dinar remains of it with me, for more than one day or three days, except that single Dinar which I will keep for repaying debts. I will spend all of it (the whole amount) among Allah's slaves like this and like this and like this." The Prophet pointed out with his hand to illustrate it and then said, "O Abu Dhar!" I replied, "Labbaik wa Sa`daik, O Allah's Apostle!" He said, "Those who have much wealth (in this world) will be the least rewarded (in the Hereafter) except those who do like this and like this (i.e., spend their money in charity)." Then he ordered me, "Remain at your place and do not leave it, O Abu Dhar, till I come back." He went away till he disappeared from me. Then I heard a voice and feared that something might have happened to Allah's Apostle, and I intended to go (to find out) but I remembered the statement of Allah's Apostle that I should not leave, my place, so I kept on waiting (and after a while the Prophet came), and I said to him, "O Allah's Apostle, I heard a voice and I was afraid that something might have happened to you, but then I remembered your statement and stayed (there). The Prophet said, "That was Gabriel who came to me and informed me that whoever among my followers died without joining others in worship with Allah, would enter Paradise." I said, "O Allah's Apostle! Even if he had committed illegal sexual intercourse and theft?" He said, "Even if he had committed illegal sexual intercourse and theft."

While I was walking with the Prophet in the Harra of Medina, Uhud came in sight. The Prophet said, "O Abu Dhar!" I said, "Labbaik, O Allah's Apostle!" He said, "I would not like to have gold equal to this mountain of Uhud, unless nothing of it, not even a single Dinar of it remains with me for more than three days, except something which I will keep for repaying debts. I would have spent all of it (distributed it) amongst Allah's Slaves like this, and like this, and like this." The Prophet pointed out with his hand towards his right, his left and his back (while illustrating it). He proceeded with his walk and said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except those who spend their wealth like this, and like this, and like this, to their right, left and back, but such people are few in number." Then he said to me, "Stay at your place and do not leave it till I come back." Then he proceeded in the darkness of the night till he went out of sight, and then I heard a loud voice, and was afraid that something might have happened to the Prophet .1 intended to go to him, but I remembered what he had said to me, i.e. 'Don't leave your place till I come back to you,' so I remained at my place till he came back to me. I said, "O Allah's Apostle! I heard a voice and I was afraid." So I mentioned the whole story to him. He said, "Did you hear it?" I replied, "Yes." He said, "It was Gabriel who came to me and said, 'Whoever died without joining others in worship with Allah, will enter Paradise.' I asked (Gabriel), 'Even if he had committed theft or committed illegal sexual intercourse? Gabriel said, 'Yes, even if he had committed theft or committed illegal sexual intercourse."

There was a relation of love and brotherhood between this tribe of Jarm and Al-Ash`ariyin. Once we were with Abu Musa Al-Ash`ari, and then a meal containing chicken was brought to Abu Musa, and there was present, a man from the tribe of Taimillah who was of red complexion as if he were from non-Arab freed slaves. Abu Musa invited him to the meal. He said, "I have seen chickens eating dirty things, so I deemed it filthy and took an oath that I would never eat chicken." On that, Abu Musa said, "Get up, I will narrate to you about that. Once a group of the Ash`ariyin and I went to Allah's Apostle and asked him to provide us with mounts; he said, 'By Allah, I will never give you any mounts nor do I have anything to mount you on.' Then a few camels of war booty were brought to Allah's Apostle , and he asked about us, saying, 'Where are the Ash-'ariyin?' He then ordered five nice camels to be given to us, and when we had departed, we said, 'What have we done? Allah's Apostle had taken the oath not to give us any mounts, and that he had nothing to mount us on, and later he gave us that we might ride? Did we take advantage of the fact that Allah's Apostle had forgotten his oath? By Allah, we will never succeed.' So we went back to him and said to him, 'We came to you to give us mounts, and you took an oath that you would not give us any mounts and that you had nothing to mount us on.' On that he said, 'I did not provide you with mounts, but Allah did. By Allah, if I take an oath to do something, and then find something else better than it, I do that which is better and make expiation for the dissolution of the oath.' "

Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

The People of Kufa complained against Sa`d to `Umar and the latter dismissed him and appointed `Ammar as their chief . They lodged many complaints against Sa`d and even they alleged that he did not pray properly. `Umar sent for him and said, "O Aba 'Is-haq! These people claim that you do not pray properly." Abu 'Is-haq said, "By Allah, I used to pray with them a prayer similar to that of Allah's Apostle and I never reduced anything of it. I used to prolong the first two rak`at of `Isha prayer and shorten the last two rak`at." `Umar said, "O Aba 'Is-haq, this was what I thought about you." And then he sent one or more persons with him to Kufa so as to ask the people about him. So they went there and did not leave any mosque without asking about him. All the people praised him till they came to the mosque of the tribe of Bani `Abs; one of the men called Usama bin Qatada with a surname of Aba Sa`da stood up and said, "As you have put us under an oath; I am bound to tell you that Sa`d never went himself with the army and never distributed (the war booty) equally and never did justice in legal verdicts." (On hearing it) Sa`d said, "I pray to Allah for three things: O Allah! If this slave of yours is a liar and got up for showing off, give him a long life, increase his poverty and put him to trials." (And so it happened). Later on when that person was asked how he was, he used to reply that he was an old man in trial as the result of Sa`d's curse. `Abdul Malik, the sub narrator, said that he had seen him afterwards and his eyebrows were overhanging his eyes owing to old age and he used to tease and assault the small girls in the way.

My uncle Anas bin An-Nadr was absent from the Battle of Badr. He said, "O Allah's Apostle! I was absent from the first battle you fought against the pagans. (By Allah) if Allah gives me a chance to fight the pagans, no doubt. Allah will see how (bravely) I will fight." On the day of Uhud when the Muslims turned their backs and fled, he said, "O Allah! I apologize to You for what these (i.e. his companions) have done, and I denounce what these (i.e. the pagans) have done." Then he advanced and Sa`d bin Mu`adh met him. He said "O Sa`d bin Mu`adh ! By the Lord of An-Nadr, Paradise! I am smelling its aroma coming from before (the mountain of) Uhud," Later on Sa`d said, "O Allah's Apostle! I cannot achieve or do what he (i.e. Anas bin An-Nadr) did. We found more than eighty wounds by swords and arrows on his body. We found him dead and his body was mutilated so badly that none except his sister could recognize him by his fingers." We used to think that the following Verse was revealed concerning him and other men of his sort: "Among the believers are men who have been true to their covenant with Allah.........." (33.23) His sister Ar-Rubbaya' broke a front tooth of a woman and Allah's Apostle ordered for retaliation. On that Anas (bin An-Nadr) said, "O Allah's Apostle! By Him Who has sent you with the Truth, my sister's tooth shall not be broken." Then the opponents of Anas's sister accepted the compensation and gave up the claim of retaliation. So Allah's Apostle said, "There are some people amongst Allah's slaves whose oaths are fulfilled by Allah when they take them."

The Prophet said, "Allah will gather the believers on the Day of Resurrection in the same way (as they are gathered in this life), and they will say, 'Let us ask someone to intercede for us with our Lord that He may relieve us from this place of ours.' Then they will go to Adam and say, 'O Adam! Don't you see the people (people's condition)? Allah created you with His Own Hands and ordered His angels to prostrate before you, and taught you the names of all the things. Please intercede for us with our Lord so that He may relieve us from this place of ours.' Adam will say, 'I am not fit for this undertaking' and mention to them the mistakes he had committed, and add, "But you d better go to Noah as he was the first Apostle sent by Allah to the people of the Earth.' They will go to Noah who will reply, 'I am not fit for this undertaking,' and mention the mistake which he made, and add, 'But you'd better go to Abraham, Khalil Ar-Rahman.' They will go to Abraham who will reply, 'I am not fit for this undertaking,' and mention to them the mistakes he made, and add, 'But you'd better go to Moses, a slave whom Allah gave the Torah and to whom He spoke directly' They will go to Moses who will reply, 'I am not fit for this undertaking,' and mention to them the mistakes he made, and add, 'You'd better go to Jesus, Allah's slave and His Apostle and His Word (Be: And it was) and a soul created by Him.' They will go to Jesus who will say, 'I am not fit for this undertaking, but you'd better go to Muhammad whose sins of the past and the future had been forgiven (by Allah).' So they will come to me and I will ask the permission of my Lord, and I will be permitted (to present myself) before Him. When I see my Lord, I will fall down in (prostration) before Him and He will leave me (in prostration) as long as He wishes, and then it will be said to me, 'O Muhammad! Raise your head and speak, for you will be listened to; and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will then raise my head and praise my Lord with certain praises which He has taught me, and then I will intercede. Allah will allow me to intercede (for a certain kind of people) and will fix a limit whom I will admit into Paradise. I will come back again, and when I see my Lord (again), I will fall down in prostration before Him, and He will leave me (in prostration) as long as He wishes, and then He will say, 'O Muhammad! Raise your head and speak, for you will be listened to; and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will then praise my Lord with certain praises which He has taught me, and then I will intercede. Allah will allow me to intercede (for a certain kind of people) and will fix a limit to whom I will admit into Paradise, I will return again, and when I see my Lord, I will fall down (in prostration) and He will leave me (in prostration) as long as He wishes, and then He will say, 'O Muhammad! Raise your head and speak, for you will be listened to, and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will then praise my Lord with certain praises which He has taught me, and then I will intercede. Allah will allow me to intercede (for a certain kind of people) and will fix a limit to whom I will admit into Paradise. I will come back and say, 'O my Lord! None remains in Hell (Fire) but those whom Qur'an has imprisoned therein and for whom eternity in Hell (Fire) has become inevitable.' " The Prophet added, "There will come out of Hell (Fire) everyone who says: 'La ilaha illal-lah,' and has in his heart good equal to the weight of a barley grain. Then there will come out of Hell (Fire) everyone who says: ' La ilaha illal-lah,' and has in his heart good equal to the weight of a wheat grain. Then there will come out of Hell (Fire) everyone who says: 'La ilaha illal-lah,' and has in his heart good equal to the weight of an atom (or a smallest ant).

I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Messenger of Allah (saws).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

Yazid ibn Nu'aym ibn Huzzal, on his father's authority said: Ma'iz ibn Malik was an orphan under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging to a clan. My father said to him: Go to the Messenger of Allah (saws) and inform him of what you have done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope that it might be a way of escape for him.

So he went to him and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (the Prophet) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (again) turned away from him, so he came back and said: Messenger of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah.

When he uttered it four times, the Messenger of Allah (saws) said: You have said it four times. With whom did you commit it?

He replied: With so and so. He asked: Did you lie down with her? He replied: Yes. He asked: Had your skin been in contact with hers? He replied. Yes. He asked: Did you have intercourse with her? He said: Yes. So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to the Harrah, and while he was being stoned he felt the effect of the stones and could not bear it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him could not catch up with him. He threw the bone of a camel's foreleg at him, which hit him and killed him. They then went to the Prophet (saws) and reported it to him.

He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah.

Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).

Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.

He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.

(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.

I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.

The Prophet said, "The Prophet Abraham emigrated with Sarah and entered a village where there was a king or a tyrant. (The king) was told that Abraham had entered (the village) accompanied by a woman who was one of the most charming women. So, the king sent for Abraham and asked, 'O Abraham! Who is this lady accompanying you?' Abraham replied, 'She is my sister (i.e. in religion).' Then Abraham returned to her and said, 'Do not contradict my statement, for I have informed them that you are my sister. By Allah, there are no true believers on this land except you and 1.' Then Abraham sent her to the king. When the king got to her, she got up and performed ablution, prayed and said, 'O Allah! If I have believed in You and Your Apostle, and have saved my private parts from everybody except my husband, then please do not let this pagan overpower me.' On that the king fell in a mood of agitation and started moving his legs. Seeing the condition of the king, Sarah said, 'O Allah! If he should die, the people will say that I have killed him.' The king regained his power, and proceeded towards her but she got up again and performed ablution, prayed and said, 'O Allah! If I have believed in You and Your Apostle and have kept my private parts safe from all except my husband, then please do not let this pagan overpower me.' The king again fell in a mood of agitation and started moving his legs. On seeing that state of the king, Sarah said, 'O Allah! If he should die, the people will say that I have killed him.' The king got either two or three attacks, and after recovering from the last attack he said, 'By Allah! You have sent a satan to me. Take her to Abraham and give her Ajar.' So she came back to Abraham and said, 'Allah humiliated the pagan and gave us a slave-girl for service."

We were in the company of the Prophet at a banquet and a cooked (mutton) forearm was set before him, and he used to like it. He ate a morsel of it and said, "I will be the chief of all the people on the Day of Resurrection. Do you know how Allah will gather all the first and the last (people) in one level place where an observer will be able to see (all) of them and they will be able to hear the announcer, and the sun will come near to them. Some People will say: Don't you see, in what condition you are and the state to which you have reached? Why don't you look for a person who can intercede for you with your Lord? Some people will say: Appeal to your father, Adam.' They will go to him and say: 'O Adam! You are the father of all mankind, and Allah created you with His Own Hands, and ordered the angels to prostrate for you, and made you live in Paradise. Will you not intercede for us with your Lord? Don't you see in what (miserable) state we are, and to what condition we have reached?' On that Adam will reply, 'My Lord is so angry as He has never been before and will never be in the future; (besides), He forbade me (to eat from) the tree, but I disobeyed (Him), (I am worried about) myself! Myself! Go to somebody else; go to Noah.' They will go to Noah and say; 'O Noah! You are the first amongst the messengers of Allah to the people of the earth, and Allah named you a thankful slave. Don't you see in what a (miserable) state we are and to what condition we have reached? Will you not intercede for us with your Lord? Noah will reply: 'Today my Lord has become so angry as he had never been before and will never be in the future Myself! Myself! Go to the Prophet (Muhammad). The people will come to me, and I will prostrate myself underneath Allah's Throne. Then I will be addressed: 'O Muhammad! Raise your head; intercede, for your intercession will be accepted, and ask (for anything). for you will be given. "

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rak`at (prayer). They allowed him and he offered Two rak`at and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rak`at prayer (before being killed). Allah fulfilled the invocation of `Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that `Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) `Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over `Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

The Messenger of Allah (saws) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (saws). He found the Prophet of Allah (saws) had returned and he did not conquer (Ta'if).

On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Messenger of Allah (saws). He did not leave them until they had surrendered to the command of the Messenger of Allah (saws).

Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Messenger of Allah, and I am on my way to them. They have horses with them.

The Messenger of Allah (saws) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas.

The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims.

He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt.

So he returned his aunt to him and asked the Prophet of Allah (saws): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there.

He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused.

So they came to the Prophet (saws) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused.

He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water.

He said: Yes, Prophet of Allah. I saw that the face of the Messenger of Allah (saws) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.

Allah 's Apostle said, "Allah has some angels who look for those who celebrate the Praises of Allah on the roads and paths. And when they find some people celebrating the Praises of Allah, they call each other, saying, "Come to the object of your pursuit.' " He added, "Then the angels encircle them with their wings up to the sky of the world." He added. "(after those people celebrated the Praises of Allah, and the angels go back), their Lord, asks them (those angels)----though He knows better than them----'What do My slaves say?' The angels reply, 'They say: Subhan Allah, Allahu Akbar, and Alham-du-li l-lah, Allah then says 'Did they see Me?' The angels reply, 'No! By Allah, they didn't see You.' Allah says, How it would have been if they saw Me?' The angels reply, 'If they saw You, they would worship You more devoutly and celebrate Your Glory more deeply, and declare Your freedom from any resemblance to anything more often.' Allah says (to the angels), 'What do they ask Me for?' The angels reply, 'They ask You for Paradise.' Allah says (to the angels), 'Did they see it?' The angels say, 'No! By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it, they would have greater covetousness for it and would seek It with greater zeal and would have greater desire for it.' Allah says, 'From what do they seek refuge?' The angels reply, 'They seek refuge from the (Hell) Fire.' Allah says, 'Did they see it?' The angels say, 'No By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it they would flee from it with the extreme fleeing and would have extreme fear from it.' Then Allah says, 'I make you witnesses that I have forgiven them."' Allah's Apostle added, "One of the angels would say, 'There was so-and-so amongst them, and he was not one of them, but he had just come for some need.' Allah would say, 'These are those people whose companions will not be reduced to misery.' "

When the Prophet intended to perform `Umra in the month of Dhul-Qada, the people of Mecca did not let him enter Mecca till he settled the matter with them by promising to stay in it for three days only. When the document of treaty was written, the following was mentioned: 'These are the terms on which Muhammad, Allah's Apostle agreed (to make peace).' They said, "We will not agree to this, for if we believed that you are Allah's Apostle we would not prevent you, but you are Muhammad bin `Abdullah." The Prophet said, "I am Allah's Apostle and also Muhammad bin `Abdullah." Then he said to `Ali, "Rub off (the words) 'Allah's Apostle' ", but `Ali said, "No, by Allah, I will never rub off your name." So, Allah's Apostle took the document and wrote, 'This is what Muhammad bin `Abdullah has agreed upon: No arms will be brought into Mecca except in their cases, and nobody from the people of Mecca will be allowed to go with him (i.e. the Prophet ) even if he wished to follow him and he (the Prophet ) will not prevent any of his companions from staying in Mecca if the latter wants to stay.' When the Prophet entered Mecca and the time limit passed, the Meccans went to `Ali and said, "Tell your Friend (i.e. the Prophet ) to go out, as the period (agreed to) has passed." So, the Prophet went out of Mecca. The daughter of Hamza ran after them (i.e. the Prophet and his companions), calling, "O Uncle! O Uncle!" `Ali received her and led her by the hand and said to Fatima, "Take your uncle's daughter." Zaid and Ja`far quarreled about her. `Ali said, "I have more right to her as she is my uncle's daughter." Ja`far said, "She is my uncle's daughter, and her aunt is my wife." Zaid said, "She is my brother's daughter." The Prophet judged that she should be given to her aunt, and said that the aunt was like the mother. He then said to 'All, "You are from me and I am from you", and said to Ja`far, "You resemble me both in character and appearance", and said to Zaid, "You are our brother (in faith) and our freed slave."

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

I said to Ibn `Abbas, "Nauf-Al-Bakali claims that Moses (the companion of Khadir) was not the Moses of Bani Israel but he was another Moses." Ibn `Abbas remarked that the enemy of Allah (Nauf) was a liar.

Narrated Ubai bin Ka`b:

The Prophet said, "Once the Prophet Moses stood up and addressed Bani Israel. He was asked, "Who is the most learned man amongst the people. He said, "I am the most learned." Allah admonished Moses as he did not attribute absolute knowledge to Him (Allah). So Allah inspired to him "At the junction of the two seas there is a slave amongst my slaves who is more learned than you." Moses said, "O my Lord! How can I meet him?" Allah said: Take a fish in a large basket (and proceed) and you will find him at the place where you will lose the fish. So Moses set out along with his (servant) boy, Yusha` bin Noon and carried a fish in a large basket till they reached a rock, where they laid their heads (i.e. lay down) and slept. The fish came out of the basket and it took its way into the sea as in a tunnel. So it was an amazing thing for both Moses and his (servant) boy. They proceeded for the rest of that night and the following day. When the day broke, Moses said to his (servant) boy: "Bring us our early meal. No doubt, we have suffered much fatigue in this journey." Moses did not get tired till he passed the place about which he was told. There the (servant) boy told Moses, "Do you remember when we betook ourselves to the rock, I indeed forgot the fish." Moses remarked, "That is what we have been seeking. So they went back retracing their footsteps, till they reached the rock. There they saw a man covered with a garment (or covering himself with his own garment). Moses greeted him. Al-Khadir replied saying, "How do people greet each other in your land?" Moses said, "I am Moses." He asked, "The Moses of Bani Israel?" Moses replied in the affirmative and added, "May I follow you so that you teach me of that knowledge which you have been taught." Al-Khadir replied, "Verily! You will not be able to remain patient with me, O Moses! I have some of the knowledge of Allah which He has taught me and which you do not know, while you have some knowledge which Allah has taught you which I do not know." Moses said, "Allah willing, you will find me patient and I will disobey no order of yours. So both of them set out walking along the seashore, as they did not have a boat. In the meantime a boat passed by them and they requested the crew of the boat to take them on board. The crew recognized Al-Khadir and took them on board without fare. Then a sparrow came and stood on the edge of the boat and dipped its beak once or twice in the sea. Al-Khadir said: "O Moses! My knowledge and your knowledge have not decreased Allah's knowledge except as much as this sparrow has decreased the water of the sea with its beak." Al- Khadir went to one of the planks of the boat and plucked it out. Moses said, "These people gave us a free lift but you have broken their boat and scuttled it so as to drown its people." Al-Khadir replied, "Didn't I tell you that you will not be able to remain patient with me." Moses said, "Call me not to account for what I forgot." The first (excuse) of Moses was that he had forgotten. Then they proceeded further and found a boy playing with other boys. Al-Khadir took hold of the boy's head from the top and plucked it out with his hands (i.e. killed him). Moses said, "Have you killed an innocent soul who has killed none." Al-Khadir replied, "Did I not tell you that you cannot remain patient with me?" Then they both proceeded till when they came to the people of a town, they asked them for food, but they refused to entertain them. Then they found there a wall on the point of collapsing. Al-Khadir repaired it with his own hands. Moses said, "If you had wished, surely you could have taken wages for it." Al-Khadir replied, "This is the parting between you and me." The Prophet added, "May Allah be Merciful to Moses! Would that he could have been more patient to learn more about his story with Al-Khadir. "

Malik said, "If a man has four awsuq of dates he has harvested, four awsuq of grapes he has picked, or four awsuq of wheat he has reaped or four awsuq of pulses he has harvested, the different categories are not added together, and he does not have to pay zakat on any of the categ ries - the dates, the grapes, the wheat or the pulses - until any one of them comes to five awsuq using the sa of the Prophet, may Allah bless him and grant him peace, as the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat (to pay) on anything less than five awsuq of dates. 'lf any of the categories comes to five awsuq, then zakat must be paid. If none of the categories comes to five awsuq, then there is no zakat to pay. The explanation of this is that when a man harvests five awsuq of dates (from his palms), he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal, such as brown wheat, white wheat, barley and sult, which are all considered as one category. If a man reaps five awsuq of any of these, he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same (also) with grapes, whether they be black or red. If a man picks five awsuq of them he has to pay zakat on them, but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category, like cereals, dates and grapes, even if they are of different varieties and are called by different names. Pulses include chick- peas, lentils, beans, peas, and anything which is agreed by everybody to be a pulse. If a man harvests five awsuq of pulses, measuring by the aforementioned sa, the sa of the Prophet, may Allah bless him and grant him peace, he collects them all together and must pay zakat on them, even if they are of every kind of pulse and not just one kind."

Malik said, ''Umar ibn al-Khattab drew a distinction between pulses and wheat when he took zakat from the Nabatean christians. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth."

Malik said, "If some one asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one?', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged for many times tha tamount of silver dirhams.' "

Malik said, regarding date palms which are shared equally between two men, and from which eight awsuq of dates are harvested, "They do not have to pay any zakat on them. If one man owns five awsuq of what is harvested from one piece of land, and the other owns four awsuq or less, the one who owns the five awsuq has to pay zakat, and the other one, who harvested four awsuq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked . Any one of them that harvests five awsuq of dates, or picks five awsuq of grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's portion is less than five awsuq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsuq."

Malik said, "The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain o rseed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sell sit, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them."

I got a she-camel in my share of the war booty on the day (of the battle) of Badr, and the Prophet had given me a she-camel from the Khumus. When I intended to marry Fatima, the daughter of Allah's Apostle, I had an appointment with a goldsmith from the tribe of Bani Qainuqa' to go with me to bring Idhkhir (i.e. grass of pleasant smell) and sell it to the goldsmiths and spend its price on my wedding party. I was collecting for my she-camels equipment of saddles, sacks and ropes while my two shecamels were kneeling down beside the room of an Ansari man. I returned after collecting whatever I collected, to see the humps of my two she-camels cut off and their flanks cut open and some portion of their livers was taken out. When I saw that state of my two she-camels, I could not help weeping. I asked, "Who has done this?" The people replied, "Hamza bin `Abdul Muttalib who is staying with some Ansari drunks in this house." I went away till I reached the Prophet and Zaid bin Haritha was with him. The Prophet noticed on my face the effect of what I had suffered, so the Prophet asked. "What is wrong with you." I replied, "O Allah's Apostle! I have never seen such a day as today. Hamza attacked my two she-camels, cut off their humps, and ripped open their flanks, and he is sitting there in a house in the company of some drunks." The Prophet then asked for his covering sheet, put it on, and set out walking followed by me and Zaid bin Haritha till he came to the house where Hamza was. He asked permission to enter, and they allowed him, and they were drunk. Allah's Apostle started rebuking Hamza for what he had done, but Hamza was drunk and his eyes were red. Hamza looked at Allah's Apostle and then he raised his eyes, looking at his knees, then he raised up his eyes looking at his umbilicus, and again he raised up his eyes look in at his face. Hamza then said, "Aren't you but the slaves of my father?" Allah's Apostle realized that he was drunk, so Allah's Apostle retreated, and we went out with him.

(The wife of the Prophet) Whenever Allah's Apostle intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot had fallen. Once he drew lots when he wanted to carry out a Ghazwa, and the lot came upon me. So I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed and thus I was carried in my howdah (on a camel) and dismounted while still in it. We carried on our journey, and when Allah's Apostle had finished his Ghazwa and returned and we approached Medina, Allah's Apostle ordered to proceed at night. When the army was ordered to resume the homeward journey, I got up and walked on till I left the army (camp) behind. When I had answered the call of nature, I went towards my howdah, but behold ! A necklace of mine made of Jaz Azfar (a kind of black bead) was broken and I looked for it and my search for it detained me. The group of people who used to carry me, came and carried my howdah on to the back of my camel on which I was riding, considering that I was therein. At that time women were light in weight and were not fleshy for they used to eat little (food), so those people did not feel the lightness of the howdah while raising it up, and I was still a young lady. They drove away the camel and proceeded. Then I found my necklace after the army had gone. I came to their camp but found nobody therein so I went to the place where I used to stay, thinking that they would miss me and come back in my search. While I was sitting at my place, I felt sleepy and slept. Safwan bin Al-Mu'attil As-Sulami Adh- Dhakw-ani was behind the army. He had started in the last part of the night and reached my stationing place in the morning and saw the figure of a sleeping person. He came to me and recognized me on seeing me for he used to see me before veiling. I got up because of his saying: "Inna Li l-lahi wa inna ilaihi rajiun," which he uttered on recognizing me. I covered my face with my garment, and by Allah, he did not say to me a single word except, "Inna Li l-lahi wa inna ilaihi rajiun," till he made his shecamel kneel down whereupon he trod on its forelegs and I mounted it. Then Safwan set out, leading the she-camel that was carrying me, till we met the army while they were resting during the hot midday. Then whoever was meant for destruction, fell in destruction, and the leader of the Ifk (forged statement) was `Abdullah bin Ubai bin Salul. After this we arrived at Medina and I became ill for one month while the people were spreading the forged statements of the people of the Ifk, and I was not aware of anything thereof. But what aroused my doubt while I was sick, was that I was no longer receiving from Allah's Apostle the same kindness as I used to receive when I fell sick. Allah's Apostle would enter upon me, say a greeting and add, "How is that (lady)?" and then depart. That aroused my suspicion but I was not aware of the propagated evil till I recovered from my ailment. I went out with Um Mistah to answer the call of nature towards Al-Manasi, the place where we used to relieve ourselves, and used not to go out for this purpose except from night to night, and that was before we had lavatories close to our houses. And this habit of ours was similar to the habit of the old 'Arabs (in the deserts or in the tents) concerning the evacuation of the bowels, for we considered it troublesome and harmful to take lavatories in the houses. So I went out with Um Mistah who was the daughter of Abi Ruhm bin `Abd Manaf, and her mother was daughter of Sakhr bin Amir who was the aunt of Abi Bakr As-Siddiq, and her son was Mistah bin Uthatha. When we had finished our affair, Um Mistah and I came back towards my house. Um Mistah stumbled over her robe whereupon she said, "Let Mistah be ruined ! " I said to her, "What a bad word you have said! Do you abuse a man who has taken part in the Battle of Badr?' She said, "O you there! Didn't you hear what he has said?" I said, "And what did he say?" She then told me the statement of the people of the Ifk (forged statement) which added to my ailment. When I returned home, Allah's Apostle came to me, and after greeting, he said, "How is that (lady)?" I said, "Will you allow me to go to my parents?" At that time I intended to be sure of the news through them. Allah's Apostle allowed me and I went to my parents and asked my mother, "O my mother! What are the people talking about?" My mother said, "O my daughter! Take it easy, for by Allah, there is no charming lady who is loved by her husband who has other wives as well, but that those wives would find fault with her." I said, "Subhan Allah! Did the people really talk about that?" That night I kept on weeping the whole night till the morning. My tears never stopped, nor did I sleep, and morning broke while I was still weeping, Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid when the Divine Inspiration delayed, in order to consult them as to the idea of divorcing his wife. Usama bin Zaid told Allah's Apostle of what he knew about the innocence of his wife and of his affection he kept for her. He said, "O Allah's Apostle! She is your wife, and we do not know anything about her except good." But `Ali bin Abi Talib said, "O Allah's Apostle! Allah does not impose restrictions on you; and there are plenty of women other than her. If you however, ask (her) slave girl, she will tell you the truth." `Aisha added: So Allah's Apostle called for Barira and said, "O Barira! Did you ever see anything which might have aroused your suspicion? (as regards Aisha). Barira said, "By Allah Who has sent you with the truth, I have never seen anything regarding Aisha which I would blame her for except that she is a girl of immature age who sometimes sleeps and leaves the dough of her family unprotected so that the domestic goats come and eat it." So Allah's Apostle got up (and addressed) the people an asked for somebody who would take revenge on `Abdullah bin Ubai bin Salul then. Allah's Apostle, while on the pulpit, said, "O Muslims! Who will help me against a man who has hurt me by slandering my family? By Allah, I know nothing except good about my family, and people have blamed a man of whom I know nothing except good, and he never used to visit my family except with me," Sa`d bin Mu`adh Al-Ansari got up and said, "O Allah's Apostle! By Allah, I will relieve you from him. If he be from the tribe of (Bani) Al-Aus, then I will chop his head off; and if he be from our brethren, the Khazraj, then you give us your order and we will obey it." On that, Sa`d bin 'Ubada got up, and he was the chief of the Khazraj, and before this incident he had been a pious man but he was incited by his zeal for his tribe. He said to Sa`d (bin Mu`adh), "By Allah the Eternal, you have told a lie! You shall not kill him and you will never be able to kill him!" On that, Usaid bin Hudair, the cousin of Sa`d (bin Mu`adh) got up and said to Sa`d bin 'Ubada, "You are a liar! By Allah the Eternal, we will surely kill him; and you are a hypocrite defending the hypocrites!" So the two tribes of Al-Aus and Al-Khazraj got excited till they were on the point of fighting with each other while Allah's Apostle was standing on the pulpit. Allah's Apostle continued quietening them till they became silent whereupon he became silent too. On that day I kept on weeping so much that neither did my tears stop, nor could I sleep. In the morning my parents were with me, and I had wept for two nights and a day without sleeping and with incessant tears till they thought that my liver would burst with weeping. While they were with me and I was weeping, an Ansari woman asked permission to see me. I admitted her and she sat and started weeping with me. While I was in that state, Allah's Apostle came to us, greeted, and sat down,. He had never sat with me since the day what was said, was said. He had stayed a month without receiving any Divine Inspiration concerning my case. Allah's Apostle recited the Tashahhud after he had sat down, and then said, "Thereafter, O `Aisha! I have been informed such and-such a thing about you; and if you are innocent, Allah will reveal your innocence, and if you have committed a sin, then ask for Allah's forgiveness and repent to Him, for when a slave confesses his sin and then repents to Allah, Allah accepts his repentance." When Allah's Apostle had finished his speech, my tears ceased completely so that I no longer felt even a drop thereof. Then I said to my father, "Reply to Allah's Apostle on my behalf as to what he said." He 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." She said, "I do not know what to say to Allah's Apostle." Still a young girl as I was and though I had little knowledge of Qur'an, I said, "By Allah, I know that you heard this story (of the Ifk) so much so that it has been planted in your minds and you have believed it. So now, if I tell you that I am innocent, and Allah knows that I am innocent, you will not believe me; and if I confess something, and Allah knows that I am innocent of it, you will believe me. By Allah, I cannot find of you an example except that of Joseph's father: "So (for me) patience is most fitting against that which you assert and it is Allah (Alone) Whose help can be sought. Then I turned away and lay on my bed, and at that time I knew that I was innocent and that Allah would reveal my innocence. But by Allah, I never thought that Allah would sent down about my affair, Divine Inspiration that would be recited (forever), as I considered myself too unworthy to be talked of by Allah with something that was to be recited: but I hoped that Allah's Apostle might have a vision in which Allah would prove my innocence. By Allah, Allah's Apostle had not left his seat and nobody had left the house when the Divine Inspiration came to Allah's Apostle . So there overtook him the same hard condition which used to overtake him (when he was Divinely Inspired) so that the drops of his sweat were running down, like pearls, though it was a (cold) winter day, and that was because of the heaviness of the Statement which was revealed to him. When that state of Allah's Apostle was over, and he was smiling when he was relieved, the first word he said was, "Aisha, Allah has declared your innocence." My mother said to me, "Get up and go to him." I said, "By Allah, I will not go to him and I will not thank anybody but Allah." So Allah revealed: "Verily! They who spread the Slander are a gang among you. Think it not...." (24.11-20). When Allah revealed this to confirm my innocence, Abu Bakr As-Siddiq who used to provide for Mistah bin Uthatha because of the latter's kinship to him and his poverty, said, "By Allah, I will never provide for Mistah anything after what he has said about Aisha". So Allah revealed: (continued...) (continuing... 1): -6.274:... ... "Let not those among you who are good and are wealthy swear not to give (help) to their kinsmen, those in need, and those who have left their homes for Allah's Cause. Let them Pardon and forgive (i.e. do not punish them). Do you not love that should forgive you? Verily Allah is Oft-forgiving. Most Merciful." (24.22) Abu Bakr said, "Yes, by Allah, I wish that Allah should forgive me." So he resumed giving Mistah the aid he used to give him before and said, "By Allah, I will never withold it from him at all." Aisha further said: Allah's Apostle also asked Zainab bint Jahsh about my case. He said, "O Zainab! What have you seen?" She replied, "O Allah's Apostle! I protect my hearing and my sight (by refraining from telling lies). I know nothing but good (about Aisha)." Of all the wives of Allah's Apostle, it was Zainab who aspired to receive from him the same favor as I used to receive, yet, Allah saved her (from telling lies) because of her piety. But her sister, Hamna, kept on fighting on her behalf so she was destroyed as were those who invented and spread the slander.

Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price.

Malik said, "The way of doing things among us is that there is no harm in partnership, transferring responsibility to an agent, and revocation when dealing with food and other things, whether or not possession was taken, when the transaction is with cash, and there is no profit, loss, or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions, it becomes sale which is made halal by what makes sale halal, and made haram by what makes sale haram, and it is not partnership, transferring responsibility to an agent, or revocation."

Malik spoke about some one who bought drapery goods or slaves, and the sale was concluded, then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said, "The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone, the pre-condition of the original partner is void, and he has the responsibility."

Malik spoke about a man who asked another man to buy certain goods to share between them, and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said, "That is not good. When he says, 'Pay for me and I will sell it for you,' it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed, or pass, the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit."

Malik said, "If a man buys goods, and they are settled for him, and then a man says to him, 'Share half of these goods with me, and I will sell them all for you,' that is halal, there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot."

(the wife of the Prophet) that she was told that `Abdullah bin Az-Zubair (on hearing that she was selling or giving something as a gift) said, "By Allah, if `Aisha does not give up this, I will declare her incompetent to dispose of her wealth." I said, "Did he (`Abdullah bin Az-Zubair) say so?" They (people) said, "Yes." `Aisha said, "I vow to Allah that I will never speak to Ibn Az-Zubair." When this desertion lasted long, `Abdullah bin Az-Zubair sought intercession with her, but she said, "By Allah, I will not accept the intercession of anyone for him, and will not commit a sin by breaking my vow." When this state of affairs was prolonged on Ibn Az-Zubair (he felt it hard on him), he said to Al- Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth, who were from the tribe of Bani Zahra, "I beseech you, by Allah, to let me enter upon `Aisha, for it is unlawful for her to vow to cut the relation with me." So Al-Miswar and `Abdur-Rahman, wrapping their sheets around themselves, asked `Aisha's permission saying, "Peace and Allah's Mercy and Blessings be upon you! Shall we come in?" `Aisha said, "Come in." They said, "All of us?" She said, "Yes, come in all of you," not knowing that Ibn Az- Zubair was also with them. So when they entered, Ibn Az-Zubair entered the screened place and got hold of `Aisha and started requesting her to excuse him, and wept. Al-Miswar and `Abdur Rahman also started requesting her to speak to him and to accept his repentance. They said (to her), "The Prophet forbade what you know of deserting (not speaking to your Muslim Brethren), for it is unlawful for any Muslim not to talk to his brother for more than three nights (days)." So when they increased their reminding her (of the superiority of having good relation with Kith and kin, and of excusing others' sins), and brought her down to a critical situation, she started reminding them, and wept, saying, "I have made a vow, and (the question of) vow is a difficult one." They (Al-Miswar and `Abdur-Rahman) persisted in their appeal till she spoke with `Abdullah bin Az- Zubair and she manumitted forty slaves as an expiation for her vow. Later on, whenever she remembered her vow, she used to weep so much that her veil used to become wet with her tears.

We were sitting with Abu Musa Al-Ash'sari, and as there were ties of friendship and mutual favors between us and his tribe. His meal was presented before him and there was chicken meat in it. Among those who were present there was a man from Bani Taimillah having a red complexion as a non-Arab freed slave, and that man did not approach the meal. Abu Musa said to him, "Come along! I have seen Allah's Apostle eating of that (i.e., chicken)." The man said, "I have seen it (chickens) eating something I regarded as dirty, and so I have taken an oath that I shall not eat (its meat) chicken." Abu Musa said, "Come along! I will inform you about it (i.e., your oath). Once we went to Allah's Apostle in company with a group of Ash'airiyin, asking him for mounts while he was distributing some camels from the camels of Zakat. (Aiyub said, "I think he said that the Prophet was in an angry mood at the time.") The Prophet said, 'By Allah! I will not give you mounts, and I have nothing to mount you on.' After we had left, some camels of booty were brought to Allah's Apostle and he said, "Where are those Ash`ariyin? Where are those Ash`ariyin?" So we went (to him) and he gave us five very fat good-looking camels. We mounted them and went away, and then I said to my companions, 'We went to Allah's Apostle to give us mounts, but he took an oath that he would not give us mounts, and then later on he sent for us and gave us mounts, perhaps Allah's Apostle forgot his oath. By Allah, we will never be successful, for we have taken advantage of the fact that Allah's Apostle forgot to fulfill his oath. So let us return to Allah's Apostle to remind him of his oath.' We returned and said, 'O Allah's Apostle! We came to you and asked you for mounts, but you took an oath that you would not give us mounts) but later on you gave us mounts, and we thought or considered that you have forgotten your oath.' The Prophet said, 'Depart, for Allah has given you Mounts. By Allah, Allah willing, if I take an oath and then later find another thing better than that, I do what is better, and make expiation for the oath.' "

(two other narrations through Zahdam as above)

We accompanied the Messenger of Allah (saws) at Usfan, and Khalid ibn al-Walid was the chief of unbelievers. We offered the noon prayer.

Thereupon, the unbelievers said: We suffered from negligence; we became careless. We should have attacked them while they were praying. Thereupon the verse was revealed, relating to the shortening of the prayer (in time of danger) between the noon and afternoon (prayer).

When the time of the afternoon prayer came, the Messenger of Allah (saws) stood facing the qiblah, and the unbelievers were standing in front of him. The people stood in a row behind the Messenger of Allah (saws) and there was another row behind this row. The Messenger of Allah (saws) bowed and all of them bowed. He then prostrated and also the row near him prostrated. The other people in the second row remained standing and stood guard over them. When they performed two prostrations and stood up, those who were behind them prostrated. The people in the front row near him then stepped backward taking the place of the people in the second row and the second row took the place of the first row.

The Messenger of Allah (saws) then bowed and all of them bowed together. Then he and the row near him prostrated themselves. The other people in the second row remained standing and stood guard over them. When the Messenger of Allah (saws) and the row near him (i.e. the front row) were seated, the people in the second row behind them prostrated themselves. Then all of them were seated. (He (the Prophet) then uttered the salutation upon all of them. He prayed in his manner at Usfan as well as at the territory of Banu Sulaym.

Abu Dawud said: This tradition has been narrated by Ayyub and Hisham from Abu al-Zubair on the authority of Jabir to the same effect from the Prophet (saws). Similarly, this has been transmitted by Dawud b. Husain from 'Ikrimah, on the authority of Ibn 'Abbas. This has also been reported by 'Abd al-Malik, from 'Ata' from Jabir in like manner. This has also been narrated by Qatadah from al-Hasan from Hittan on the authority of Abu Musa in a similar way. Similarly, this has been reported by 'Ikrimah b. Khalid from Mujahid from the Prophet (saws). This has also been reported by Hisham b. 'Urwah from his father from the Prophet (saws). This is the opinion of al-Thawri.

I had a she-camel which I got in my share from the booty of the battle of Badr, and the Prophet had given me another she camel from the Khumus which Allah had bestowed on him that day. And when I intended to celebrate my marriage to Fatima, the daughter of the Prophet, I made an arrangement with a goldsmith from Bani Qainuqa 'that he should go with me to bring Idhkhir (i.e. a kind of grass used by gold-smiths) which I intended to sell to gold-smiths in order to spend its price on the marriage banquet. While I was collecting ropes and sacks of pack saddles for my two she-camels which were kneeling down beside an Ansari's dwelling and after collecting what I needed, I suddenly found that the humps of the two she-camels had been cut off and their flanks had been cut open and portions of their livers had been taken out. On seeing that, I could not help weeping. I asked, "Who has done that?" They (i.e. the people) said, "Hamza bin `Abdul Muttalib has done it. He is present in this house with some Ansari drinkers, a girl singer, and his friends. The singer said in her song, "O Hamza, get at the fat she-camels!" On hearing this, Hamza rushed to his sword and cut of the camels' humps and cut their flanks open and took out portions from their livers." Then I came to the Prophet, with whom Zaid bin Haritha was present. The Prophet noticed my state and asked, "What is the matter?" I said, "O Allah's Apostle, I have never experienced such a day as today! Hamza attacked my two she-camels, cut off their humps and cut their flanks open, and he is still present in a house along some drinkers." The Prophet asked for his cloak, put it on, and proceeded, followed by Zaid bin Haritha and myself, till he reached the house where Hamza was. He asked the permission to enter, and he was permitted. The Prophet started blaming Hamza for what he had done. Hamza was drunk and his eyes were red. He looked at the Prophet then raised his eyes to look at his knees and raised his eves more to look at his face and then said, "You are not but my father's slaves." When the Prophet understood that Hamza was drunk, he retreated, walking backwards went out and we left with him.

When the Prophet went out for the `Umra in the month of Dhal-Qa'da, the people of Mecca did not allow him to enter Mecca till he agreed to conclude a peace treaty with them by virtue of which he would stay in Mecca for three days only (in the following year). When the agreement was being written, the Muslims wrote: "This is the peace treaty, which Muhammad, Apostle of Allah has concluded." The infidels said (to the Prophet), "We do not agree with you on this, for if we knew that you are Apostle of Allah we would not have prevented you for anything (i.e. entering Mecca, etc.), but you are Muhammad, the son of `Abdullah." Then he said to `Ali, "Erase (the name of) 'Apostle of Allah'." `Ali said, "No, by Allah, I will never erase you (i.e. your name)." Then Allah's Apostle took the writing sheet...and he did not know a better writing..and he wrote or got it the following written! "This is the peace treaty which Muhammad, the son of `Abdullah, has concluded: "Muhammad should not bring arms into Mecca except sheathed swords, and should not take with him any person of the people of Mecca even if such a person wanted to follow him, and if any of his companions wants to stay in Mecca, he should not forbid him." (In the next year) when the Prophet entered Mecca and the allowed period of stay elapsed, the infidels came to `Ali and said "Tell your companion (Muhammad) to go out, as the allowed period of his stay has finished." So the Prophet departed (from Mecca) and the daughter of Hamza followed him shouting "O Uncle, O Uncle!" `Ali took her by the hand and said to Fatima, "Take the daughter of your uncle." So she made her ride (on her horse). (When they reached Medina) `Ali, Zaid and Ja`far quarreled about her. `Ali said, "I took her for she is the daughter of my uncle." Ja`far said, "She is the daughter of my uncle and her aunt is my wife." Zaid said, "She is the daughter of my brother." On that, the Prophet gave her to her aunt and said, "The aunt is of the same status as the mother." He then said to `Ali, "You are from me, and I am from you," and said to Ja`far, "You resemble me in appearance and character," and said to Zaid, "You are our brother and our freed slave." `Ali said to the Prophet 'Won't you marry the daughter of Hamza?" The Prophet said, "She is the daughter of my foster brother."

Some Muslim men emigrated to Ethiopia whereupon Abu Bakr also prepared himself for the emigration, but the Prophet said (to him), "Wait, for I hope that Allah will allow me also to emigrate." Abu Bakr said, "Let my father and mother be sacrificed for you. Do you hope that (emigration)?" The Prophet said, 'Yes." So Abu Bakr waited to accompany the Prophet and fed two she-camels he had on the leaves of As-Samur tree regularly for four months One day while we were sitting in our house at midday, someone said to Abu Bakr, "Here is Allah's Apostle, coming with his head and a part of his face covered with a cloth-covering at an hour he never used to come to us." Abu Bakr said, "Let my father and mother be sacrificed for you, (O Prophet)! An urgent matter must have brought you here at this hour." The Prophet came and asked the permission to enter, and he was allowed. The Prophet entered and said to Abu Bakr, "Let those who are with you, go out." Abu Bakr replied, "(There is no stranger); they are your family. Let my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "I have been allowed to leave (Mecca)." Abu Bakr said, " I shall accompany you, O Allah's Apostle, Let my father be sacrificed for you!" The Prophet said, "Yes," Abu Bakr said, 'O Allah's Apostles! Let my father be sacrificed for you. Take one of these two shecamels of mine" The Prophet said. I will take it only after paying its price." So we prepared their baggage and put their journey food In a leather bag. And Asma' bint Abu Bakr cut a piece of her girdle and tied the mouth of the leather bag with it. That is why she was called Dhatan- Nitaqaln. Then the Prophet and Abu Bakr went to a cave in a mountain called Thour and remained there for three nights. `Abdullah bin Abu Bakr. who was a young intelligent man. used to stay with them at night and leave before dawn so that in the morning, he would he with the Quraish at Mecca as if he had spent the night among them. If he heard of any plot contrived by the Quraish against the Prophet and Abu Bakr, he would understand it and (return to) inform them of it when it became dark. 'Amir bin Fuhaira, the freed slave of Abu Bakr used to graze a flock of milch sheep for them and he used to take those sheep to them when an hour had passed after the `Isha prayer. They would sleep soundly till 'Amir bin Fuhaira awakened them when it was still dark. He used to do that in each of those three nights.

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

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "

Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."

Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."

Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, about paternal relations is that full brothers are more entitled to inherit than half-brothers by the father and half-brothers by the father are more entitled to inherit than the children of the full brothers. The sons of the full brothers are more entitled to inherit than the sons of the half-brothers by the father. The sons of the half-brothers by the father are more entitled to inherit than the sons of the sons of the full brothers. The sons of the sons of the half-brothers by the father's side are more entitled to inherit than the paternal uncle, the full brother of the father. The paternal uncle, the full brother of the father, is more entitled to inherit than the paternal uncle, the half-brotherof the father on the father's side. The paternal uncle, the half-brother of the father on the father's side is more entitled to inherit than the sons of the paternal uncle, the full brother of the father. The son of the paternal uncle on the father's side is more entitled to inherit than the paternal great uncle, the full brother of the paternal grandfather."

Malik said, "Everything about which you are questioned concerning the inheritance of the paternal relations is like this. Trace the genealogy of the deceased and whoever among the paternal relations contends for inheritance. If you find that one of them reaches the deceased by a father and none of them except him reaches him by a father, then make his inheritance to the one who reaches him by the nearest father, rather than the one who reaches him by what is above that. If you find that they all reach him by the same father who joins them, then see who is the nearest of kin. If there is only one half-brother by the father, give him the inheritance rather than more distant paternal relations. If there is a full brother and you find them equally related from a number of fathers or to one particular father so that they all reach the genealogy of the deceased and they are all half-brothers by the father or full brothers, then divide the inheritance equally among them. If the parent of one of them is an uncle (the full-brother of the father of the deceased) and whoever is with him is an uncle (the paternal half brother of the father of the deceased), the inheritance goes to the sons of the full brother of the father rather than the sons of the paternal half- brother of the father. That is because Allah, the Blessed, the Exalted, said, 'Those related by blood are nearer to one another in the Book of Allah, surely Allah has knowledge of everything.' "

Malik said, "The paternal grandfather, is more entitled to inherit than sons of the full-brother, and more entitled than the uncle, the full brother of the father. The son of the father's brother is more entitled to inherit from mawali retainers (freed slaves) than the grandfathers."

The Prophet said, "While three men were walking, It started raining and they took shelter (refuge) in a cave in a mountain. A big rock rolled down from the mountain and closed the mouth of the cave. They said to each other, "Think of good deeds which you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that He may remove this rock from you." One of them said, 'O Allah! I had old parents and small children and I used to graze the sheep for them. On my return to them in the evening, I used to milk (the sheep) and start providing my parents first of all before my children. One day I was delayed and came late at night and found my parents sleeping. I milked (the sheep) as usual and stood by their heads. I hated to wake them up and disliked to give milk to my children before them, although my children were weeping (because of hunger) at my feet till the day dawned. O Allah! If I did this for Your sake only, kindly remove the rock so that we could see the sky through it.' So, Allah removed the rock a little and they saw the sky. The second man said, 'O Allah! I was in love with a cousin of mine like the deepest love a man may have for a woman. I wanted to outrage her chastity but she refused unless I gave her one hundred Dinars. So, I struggled to collect that amount. And when I sat between her legs, she said, 'O Allah's slave! Be afraid of Allah and do not deflower me except rightfully (by marriage).' So, I got up. O Allah! If I did it for Your sake only, please remove the rock.' The rock shifted a little more. Then the third man said, 'O Allah! I employed a laborer for a Faraq of rice and when he finished his job and demanded his right, I presented it to him, but he refused to take it. So, I sowed the rice many time till I gathered cows and their shepherd (from the yield). (Then after some time) He came and said to me, 'Fear Allah (and give me my right)." I said, 'Go and take those cows and the shepherd.' He said, 'Be afraid of Allah! Don't mock at me.' I said, 'I am not mocking at you. Take (all that).' So, he took all that. O Allah! If I did that for Your sake only, please remove the rest of the rock.' So, Allah removed the rock."

Abu Dawud said: This tradition has been transmitted from al-Zuhri by Ma'mar, Malik, Ibn 'Uyainah, Shu'aib b. Abi Hamzah, and al-Laith b. Sa'd and others; but they did not mention the time in which he (the Prophet) had prayer, nor did they explain it. And similarly it has been narrated by Hisham b. 'Urwah and Habib b. Abu Mazruq from 'Urwah like the report of Ma'mar and his companions. But Habib did not make a mention of Bashir. And Wahb b. Kaisan reported on the authority of Jabir from the Prophet (saws) the time of the Maghrib prayer. He said: "Next day he (Gabriel) came to him at the time of the Maghrib prayer when the sun had already set. (He came both days) at the same time."

Abu Dawud said: Similarly, this tradition has been transmitted by Abu Hurairah from the Prophet (saws). He said: "Then he (Gabriel) led me in the sunset prayer next day at the same time."

Similarly, this tradition has been narrated through a different chain by 'Abd Allah b. 'Amr b. al-'As, through a chain from Hassan b. 'Atiyyah, from 'Amr b. Shu'aib, from his father, on the authority from the Prophet (saws).

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."

[Muslim].

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

Abu Bakr asked the Prophet to allow him to go out (of Mecca) when he was greatly annoyed (by the infidels). But the Prophet said to him, ''Wait." Abu Bakr said, O Allah's Apostle! Do you hope that you will be allowed (to migrate)?" Allah's Apostle replied, "I hope so." So Abu Bakr waited for him till one day Allah's Apostle came at noon time and addressed him saying "Let whoever is present with you, now leave you." Abu Bakr said, "None is present but my two daughters." The Prophet said, "Have you noticed that I have been allowed to go out (to migrate)?" Abu Bakr said, "O Allah's Apostle, I would like to accompany you." The Prophet said, "You will accompany me." Abu Bakr said, "O Allah's Apostle! I have got two she-camels which I had prepared and kept ready for (our) going out." So he gave one of the two (she-camels) to the Prophet and it was Al-Jad`a . They both rode and proceeded till they reached the Cave at the mountain of Thaur where they hid themselves. Amir bin Fuhaira was the slave of `Abdullah bin at-Tufail bin Sakhbara `Aisha's brother from her mother's side. Abu Bakr had a milch she-camel. Amir used to go with it (i.e. the milch she-camel) in the afternoon and come back to them before noon by setting out towards them in the early morning when it was still dark and then he would take it to the pasture so that none of the shepherds would be aware of his job. When the Prophet (and Abu Bakr) went away (from the Cave), he (i.e. 'Amir) too went along with them and they both used to make him ride at the back of their camels in turns till they reached Medina. 'Amir bin Fuhaira was martyred on the day of Bir Ma'una. Narrated `Urwa: When those (Muslims) at Bir Ma'una were martyred and `Amr bin Umaiya Ad- Damri was taken prisoner, 'Amir bin at-Tufail, pointing at a killed person, asked `Amr, "Who is this?" `Amr bin Umaiya said to him, "He is 'Amir bin Fuhaira." 'Amir bin at-Tufail said, "I saw him lifted to the sky after he was killed till I saw the sky between him and the earth, and then he was brought down upon the earth. Then the news of the killed Muslims reached the Prophet and he announced the news of their death saying, "Your companions (of Bir Ma'una) have been killed, and they have asked their Lord saying, 'O our Lord! Inform our brothers about us as we are pleased with You and You are pleased with us." So Allah informed them (i.e. the Prophet and his companions) about them (i.e. martyrs of Bir Mauna). On that day, `Urwa bin Asma bin As-Salt who was one of them, was killed, and `Urwa (bin Az- Zubair) was named after `Urwa bin Asma and Mundhir (bin AzZubair) was named after Mundhir bin `Amr (who had also been martyred on that day).