(who was an ally of Bam `Amr bin Lu'ai and one of those who had taken part in (the Ghazwa of) Badr): Allah's Apostle sent Abu 'Ubaida bin Al-Jarreh to Bahrain to collect the Jizya. Allah's Apostle had established peace with the people of Bahrain and appointed Al-`Ala' bin Al-Hadrami as their governor. When Abu 'Ubaida came from Bahrain with the money, the Ansar heard of Abu 'Ubaida's arrival which coincided with the time of the morning prayer with the Prophet. When Allah's Apostle led them in the morning prayer and finished, the Ansar approached him, and he looked at them and smiled on seeing them and said, "I feel that you have heard that Abu. 'Ubaida has brought something?" They said, "Yes, O Allah's Apostle' He said, "Rejoice and hope for what will please you! By Allah, I am not afraid of your poverty but I am afraid that you will lead a life of luxury as past nations did, whereupon you will compete with each other for it, as they competed for it, and it will destroy you as it destroyed them."

Once `Umar asked the leave to see Allah's Apostle in whose company there were some Quraishi women who were talking to him and asking him for more financial support raising their voices. When `Umar asked permission to enter the women got up (quickly) hurrying to screen themselves. When Allah's Apostle admitted `Umar, Allah's Apostle was smiling, `Umar asked, "O Allah's Apostle! May Allah keep you in happiness always." Allah's Apostle said, "I am astonished at these women who were with me. As soon as they heard your voice, they hastened to screen themselves." `Umar said, "O Allah's Apostle! You have more right to be feared by them." Then he addressed (those women) saying, "O enemies of your own souls! Do you fear me and not Allah's Apostle ?" They replied. "Yes, for you are a fearful and fierce man as compared with Allah's Apostle." On that Allah's Apostle said (to `Umar), "By Him in Whose Hands my life is, whenever Satan sees you taking a path, he follows a path other than yours."

A man whom the Prophet (saws) made the following verse read informed me, or he was informed by a man whom a man made the following verse read through a man whom the Prophet (saws) made the following verse read: "For, that day His chastisement will be such as none (else) can be inflicted (la yu'adhdhabu)

Abu Dawud said: 'Asim, al-A'mash, Talhah b. Musarrif, Abu Ja'far Yazid b. al-Qa'qa', Shaibah b. Nassah, Nafi' b. 'Abd al-Rahman, 'Abd Allah b. Kathir al-Dari, Abu 'Amr b. al-'Ala', Hamzat al-Zayyat, 'Abd al-Rahman al-A'raj, Qatadah, al-Hasan al-Basri, Mujahid, Hamid al=A'raj, Abd Allah b. 'Abbas and 'Abd al-Rahman b. Abi Bakr recited: "For,that day His chastisement will be such as none (else) can inflict (la ya'adhdhibu), and His bonds will be such as none (other) can bind (wa la yathiqu), except the verse mentioned in this tradition from the Prophet (saws). It has een read yu'adhdhabu with short vowel a in passive voice.

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.

Another chain reports a similar hadith.

Ibn Majah said: This is Jahimah bin 'Abbas bin Mirdas As-Sulaimi who criticized the Prophet ﷺ the Day of Hunain.

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

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them, they would have been yours, but today they are the property of the heirs, and they are your two brothers and your two sisters, so divide it according to the Book of Allah.' A'isha continued, "I said, 'My father! By Allah, even if it had been more, I would have left it. There is only Asma. Who is my other sister?" Abu Bakr replied, 'What is in the womb of Kharija? (Kharija was the wife of Abu Bakr's 'brother' from the Ansar.) I think that it is going to be a girl.' "

While Allah's Apostle was proceeding at night during one of his journeys and `Umar bin Al-Khattab was traveling beside him, `Umar asked him about something but Allah's Apostle did not reply. He asked again, but he did not reply, and then he asked (for the third time) but he did not reply. On that, `Umar bin Al-Khattab said to himself, "Thakilat Ummu `Umar (May `Umar's mother lose her son)! I asked Allah's Apostle three times but he did not reply." `Umar then said, "I made my camel run faster and went ahead of the people, and I was afraid that some Qur'anic Verses might be revealed about me. But before getting involved in any other matter. I heard somebody calling me. I said to myself, 'I fear that some Qur'anic Verses have been revealed about me,' and so I went to Allah's Apostle and greeted him. He (Allah's Apostle ) said, 'Tonight a Sura has been revealed to me, and it is dearer to me than that on which the sun rises (i.e. the world)' Then he recited: "Verily, We have given you a manifest victory." (48.1)

Once the people started asking Allah's Apostle questions, and they asked so many questions that he became angry and ascended the pulpit and said, "I will answer whatever questions you may ask me today." I looked right and left and saw everyone covering his face with his garment and weeping. Behold ! There was a man who, on quarreling with the people, used to be called as a son of a person other than h is father. He said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." And then `Umar got up and said, "We accept Allah as our Lord, and Islam as (our) religion, and Muhammad as (our) Apostle; and we seek refuge with Allah from the afflictions." Allah's Apostle said, " I have never seen a day like today in its good and its evil for Paradise and the Hell Fire were displayed in front of me, till I saw them just beyond this wall." Qatada, when relating this Hadith, used to mention the following Verse:-- 'O you who believe! Ask not questions about things which, If made plain to you, May cause you trouble. (5.101)

(An ally of the tribe of Bani 'Amir bin Lu'ai and one of those who had witnessed the battle of Badr with Allah's Apostle) Allah's Apostle sent Abu 'Ubaida bin AlJarrah to Bahrain to collect the Jizya tax. Allah's Apostle had concluded a peace treaty with the people of Bahrain and appointed Al 'Ala bin Al-Hadrami as their chief; Abu Ubaida arrived from Bahrain with the money. The Ansar heard of Abu 'Ubaida's arrival which coincided with the Fajr (morning) prayer led by Allah's Apostle. When the Prophet finished the prayer, they came to him. Allah's Apostle smiled when he saw them and said, "I think you have heard of the arrival of Abu 'Ubaida and that he has brought something." They replied, "Yes, O Allah's Apostle! " He said, "Have the good news, and hope for what will please you. By Allah, I am not afraid that you will become poor, but I am afraid that worldly wealth will be given to you in abundance as it was given to those (nations) before you, and you will start competing each other for it as the previous nations competed for it, and then it will divert you (from good) as it diverted them." '

A man from among the people, came to Allah's Apostle while Allah's Apostle was sitting in the mosque, and addressed him, saying, "O Allah's Apostle! I have committed an illegal sexual intercourse." The Prophet turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed an illegal intercourse." The Prophet turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet called him and said, "Are you mad?" He said, "No, O Allah's Apostle!" The Prophet said, "Are you married?" He said, "Yes, O Allah's Apostle." The Prophet said (to the people), "Take him away and stone him to death." Ibn Shihab added, "I was told by one who heard Jabir, that Jabir said, 'I was among those who stoned the man, and we stoned him at the Musalla (`Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).' "

After the slanderers had given a forged statement against her, Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid when the Divine Inspiration was delayed. He wanted to ask them and consult them about the question of divorcing me. Usama gave his evidence that was based on what he knew about my innocence, but `Ali said, "Allah has not put restrictions on you and there are many women other than her. Furthermore you may ask the slave girl who will tell you the truth." So the Prophet asked Barira (my salve girl), "Have you seen anything that may arouse your suspicion?" She replied, "I have not seen anything more than that she is a little girl who sleeps, leaving the dough of her family (unguarded) that the domestic goats come and eat it." Then the Prophet stood on the pulpit and said, "O Muslims! Who will help me against the man who has harmed me by slandering my wife? By Allah, I know nothing about my family except good." The narrator added: Then the Prophet mentioned the innocence of `Aisha. (See Hadith No. 274, Vol. 6)

As-Salami: Allah's Apostle used to teach his companions to perform the prayer of Istikhara for each and every matter just as he used to teach them the Suras from the Qur'an He used to say, "If anyone of you intends to do some thing, he should offer a two rak`at prayer other than the compulsory prayers, and after finishing it, he should say: O Allah! I consult You, for You have all knowledge, and appeal to You to support me with Your Power and ask for Your Bounty, for You are able to do things while I am not, and You know while I do not; and You are the Knower of the Unseen. O Allah If You know It this matter (name your matter) is good for me both at present and in the future, (or in my religion), in my this life and in the Hereafter, then fulfill it for me and make it easy for me, and then bestow Your Blessings on me in that matter. O Allah! If You know that this matter is not good for me in my religion, in my this life and in my coming Hereafter (or at present or in the future), then divert me from it and choose for me what is good wherever it may be, and make me be pleased with it." (See Hadith No. 391, Vol. 8)

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

A man from Najd with unkempt hair came to Allah's Apostle and we heard his loud voice but could not understand what he was saying, till he came near and then we came to know that he was asking about Islam. Allah's Apostle said, "You have to offer prayers perfectly five times in a day and night (24 hours)." The man asked, "Is there any more (praying)?" Allah's Apostle replied, "No, but if you want to offer the Nawafil prayers (you can)." Allah's Apostle further said to him: "You have to observe fasts during the month of Ramadan." The man asked, "Is there any more fasting?" Allah's Apostle replied, "No, but if you want to observe the Nawafil fasts (you can.)" Then Allah's Apostle further said to him, "You have to pay the Zakat (obligatory charity)." The man asked, "Is there any thing other than the Zakat for me to pay?" Allah's Apostle replied, "No, unless you want to give alms of your own." And then that man retreated saying, "By Allah! I will neither do less nor more than this." Allah's Apostle said, "If what he said is true, then he will be successful (i.e. he will be granted Paradise)."

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

Allah's Apostle (p.b.u.h) came to my house while two girls were singing beside me the songs of Buath (a story about the war between the two tribes of the Ansar, the Khazraj and the Aus, before Islam). The Prophet (p.b.u.h) lay down and turned his face to the other side. Then Abu Bakr came and spoke to me harshly saying, "Musical instruments of Satan near the Prophet (p.b.u.h) ?" Allah's Apostle (p.b.u.h) turned his face towards him and said, "Leave them." When Abu Bakr became inattentive, I signaled to those girls to go out and they left. It was the day of `Id, and the Black people were playing with shields and spears; so either I requested the Prophet (p.b.u.h) or he asked me whether I would like to see the display. I replied in the affirmative. Then the Prophet (p.b.u.h) made me stand behind him and my cheek was touching his cheek and he was saying, "Carry on! O Bani Arfida," till I got tired. The Prophet (p.b.u.h) asked me, "Are you satisfied (Is that sufficient for you)?" I replied in the affirmative and he told me to leave.

There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.

Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."

Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.

(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).

"Abayah bin Rifa'ah bin Rafi' met me while I was walking to the Friday prayer. He said: 'Have glad tidings, for indeed these footsteps of yours are in the cause of Allah. I heard Abu 'Abs say: "The Messenger of Allah (saws) said, 'Whoever get his two feet dusty in the path of Allah, then they are prohibited for the Fire.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. Abu 'Abs's name is 'Abdur-Rahman bin Jabr. There are narrations on this topic from Abu Bkar and a man from the Companions of the Prophet (saws).

He said: Yazid bin Abi Maryam is a man from Ash-Sham. Al-Walid bin Muslim, Yahya bin Hamzah, and some others among the people of Ash-Sham report from him.

Buraid bin Abi Maryam is form Al-Kufah. His father is one of the Companions of the Prophet (saws) whose name was Malik bin Rabi'ah. [Buraid bin Abi Maryam heard from Anas bin Malik. Abu Ishaq Al-Hamdani, 'Ata bin As-Sa'ib, Yunus bin Abi Ishaq, and Shu'bah reported Ahadith from Buraid bin Abi Maryam].

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon `Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. `Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas`ud came to the Prophet and `Abdur Rahman intended to talk, but the Prophet said (to him), "Let the eldest of you speak." as `Abdur-Rahman was the youngest:. `Abdur-Rahman kept silent and the other two spoke. The Prophet said, "If you swear as to who has committed the murder, you will have the right to take your right from the murderer." They said, "How should we swear if we did not witness the murder or see the murderer?" The Prophet said, "Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder)." The!y said, "How should we believe in the oaths of infidels?" So, the Prophet himself paid the blood money (of `Abdullah). (See Hadith No. 36 Vol. 9.)

'Alqama went to Sham and when he entered the mosque, he said, "O Allah ! Bless me with a pious companion." So he sat with Abu Ad-Darda. Abu Ad-Darda' asked him, "Where are you from?" 'Alqama replied, "From the people of Kufa." Abu Ad-Darda said, "Isn't there amongst you the Keeper of the secret which nobody else knows i.e. Hudhaifa?" Al-qama said, "Yes." Then Abu Ad-Darda further said, "Isn't there amongst you the person whom Allah gave Refuge from Satan through the invocation of His Prophet namely `Ammar?" Alqama replied in the affirmative Abu Ad-Darda said, "Isn't there amongst you the person who carries the Siwak (or the Secret) (i.e. of the Prophet namely `Abdullah bin Massud)?" Alqama said, "Yes." Then Abu Ad-Darda asked, "How (Abdullah bin Masud) used to recite the Sura starting with: "By the night as it envelopes; By the day as it appears in brightness?" (92.1-2). Alqama said "And by male and female." Abu Ad-Darda then said, "These people (of Sham) tried hard to make me accept something other than what I had heard from the Prophet."

‘Asim said : I said : Abu ‘Uthman! Two men testified before you. Who are they? He said : One of them is the one who is first to shoot arrow in the path of Allah or in the path of Islam, that is to say : Sa’d b. Malik. The other is the one came from al-Taif with ten and some men on foot. He then mentioned his excellence.

Abu Dawud said : When al-Nufaili mentioned this tradition, he said : I swear by Allah, this is sweater with me than honey, that is no say, his way transmission.

Abu ‘Ali said : I heard Abu Dawud say : I heard Ahmad say : The people of Kufah have no light in their traditions. I did not see them like the people of Basrah. They learnt it from Shu’bah.

The prayer time of danger should be offered in the following way: The imam should stand (for prayer) and a section of the people should stand along with him. The other section should stand facing the enemy. The imam should perform bowing and prostrate himself along with those who are with him. He then should stand (after prostration) and, when he stands straight, he should remain standing. They (the people) should (in the meantime) complete their remaining rak'ah (i.e. the second one). They they should utter the salutation, and turn away while the imam should remain standing. They should go before the enemy. Thereafter those who did not pray should come forward and utter the takbir (Allah is most great) behind imam. He should bow and prostrate along with them and utter the salutation. Then they should stand and completed their remaining rak'ah, and utter the salutation.

Abu Dawud said: The tradition reported by Yahya b. Sa'id from al-Qasim is similar to the one transmitted by Yazid b. Ruman except that he differed with him in salutation. The tradition reported by 'Ubaid Allah is like the one reported by Yahya b. Sa'id, saying: He (the Prophet) remained standing.

I came to Abu Sa'id al-Khudri while he was giving his legal opinion to the people who bent down on him. So I waited to see hi when he was alone. When he became alone, I asked him about keeping fast while travelling. He said: we went out along with the Prophet (saws) in Ramadan in the year of conquest of Mecca. The Messenger of Allah (saws) fasted and we fasted until he reached a certain stage. He said: You have come near your enemy; the breaking of fast will bring you more strength. Then morning came when some of us fasted and other broke their fast. He (Abu Sa'id al-Khudri) said: We then proceeded and alighted at a stage. He said: You are going to attack your enemy tomorrow morning ; breaking the fast will bring you more strength ; so break your fast (i.e. do not keep fast). This resolution (of breaking the fast) took place (due to the announcement) from the Messenger of Allah (saws).

Abu Sa'id said: Then I found myself keeping fast along with the Prophet (saws) before and after that.

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

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

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

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.

Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.

Umar reported the Messenger of Allah (saws) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).

He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.

The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.

AbdurRahman ibn AbuBakrah said that he told his father: O my father! I hear you supplicating every morning: "O Allah! Grant me health in my body. O Allah! Grant me good hearing. O Allah! Grant me good eyesight. There is no god but Thou." You repeat them three times in the morning and three times in the evening.

He said: I heard the Messenger of Allah (saws) using these words as a supplication and I like to follow his practice.

The transmitter, Abbas, said in this version: And you say: "O Allah! I seek refuge in Thee from infidelity and poverty. O Allah! I seek refuge in Thee from punishment in the grave. There is no god but Thee". You repeat them three times in the morning and three times in the evening, and use them as a supplication. I like to follow his practice.

He said: The Messenger of Allah (saws) said: The supplications to be used by one who is distressed are: "O Allah! Thy mercy is what I hope for. Do not abandon me to myself for an instant, but put all my affairs in good order for me. There is no god but Thou." Some transmitters added more than others.

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

When Abu Talib was on his death bed, Allah's Apostle came to him and found with him, Abu Jahl and `Abdullah bin Abi Umaiya bin Al-Mughira. Allah's Apostle said, "O uncle! Say: None has the right to be worshipped except Allah, a sentence with which I will defend you before Allah." On that Abu Jahl and `Abdullah bin Abi Umaiya said to Abu Talib, "Will you now leave the religion of `Abdul Muttalib?" Allah's Apostle kept on inviting him to say that sentence while the other two kept on repeating their sentence before him till Abu Talib said as the last thing he said to them, "I am on the religion of `Abdul Muttalib," and refused to say: None has the right to be worshipped except Allah. On that Allah's Apostle said, "By Allah, I will keep on asking Allah's forgiveness for you unless I am forbidden (by Allah) to do so." So Allah revealed:-- 'It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans.' (9.113) And then Allah revealed especially about Abu Talib:--'Verily! You (O, Muhammad) guide not whom you like, but Allah guides whom He will.' (28.56)

`Umar bin Al-Khattab asked permission of Allah's Apostle to see him while some Quraishi women were sitting with him and they were asking him to give them more financial support while raising their voices over the voice of the Prophet. When `Umar asked permission to enter, all of them hurried to screen themselves the Prophet admitted `Umar and he entered, while the Prophet was smiling. `Umar said, "May Allah always keep you smiling, O Allah's Apostle! Let my father and mother be sacrificed for you !" The Prophet said, "I am astonished at these women who were with me. As soon as they heard your voice, they hastened to screen themselves." `Umar said, "You have more right, that they should be afraid of you, O Allah's Apostle!" And then he (`Umar) turned towards them and said, "O enemies of your souls! You are afraid of me and not of Allah's Apostle?" The women replied, "Yes, for you are sterner and harsher than Allah's Apostle." Allah's Apostle said, "O Ibn Al-Khattab! By Him in Whose Hands my life is, whenever Satan sees you taking a way, he follows a way other than yours!"

`Abdullah bin Mas`ud related to us two narrations: One from the Prophet and the other from himself, saying: A believer sees his sins as if he were sitting under a mountain which, he is afraid, may fall on him; whereas the wicked person considers his sins as flies passing over his nose and he just drives them away like this." Abu Shihab (the sub-narrator) moved his hand over his nose in illustration. (Ibn Mas`ud added): Allah's Apostle said, "Allah is more pleased with the repentance of His slave than a man who encamps at a place where his life is jeopardized, but he has his riding beast carrying his food and water. He then rests his head and sleeps for a short while and wakes to find his riding beast gone. (He starts looking for it) and suffers from severe heat and thirst or what Allah wished (him to suffer from). He then says, 'I will go back to my place.' He returns and sleeps again, and then (getting up), he raises his head to find his riding beast standing beside him."

Two men had a dispute in the presence of Allah's Apostle. One of them said, "O Allah's Apostle! Judge between us according to Allah's Laws." The other who was wiser, said, "Yes, O Allah's Apostle! Judge between us according to Allah's Laws and allow me to speak. The Prophet said, "Speak." He said, "My son was a laborer serving this (person) and he committed illegal sexual intercourse with his wife, The people said that my son is to be stoned to death, but I ransomed him with one-hundred sheep and a slave girl. Then I asked the learned people, who informed me that my son should receive one hundred lashes and will be exiled for one year, and stoning will be the lot for the man's wife." Allah's Apostle said, "Indeed, by Him in Whose Hand my soul is, I will judge between you according to Allah's Laws: As for your sheep and slave girl, they are to be returned to you." Then he scourged his son one hundred lashes and exiled him for one year. Then Unais Al- Aslami was ordered to go to the wife of the second man, and if she confessed (the crime), then stone her to death. She did confess, so he stoned her to death.

Hudhaifa bin Al-Yaman came to `Uthman at the time when the people of Sham and the people of Iraq were Waging war to conquer Arminya and Adharbijan. Hudhaifa was afraid of their (the people of Sham and Iraq) differences in the recitation of the Qur'an, so he said to `Uthman, "O chief of the Believers! Save this nation before they differ about the Book (Qur'an) as Jews and the Christians did before." So `Uthman sent a message to Hafsa saying, "Send us the manuscripts of the Qur'an so that we may compile the Qur'anic materials in perfect copies and return the manuscripts to you." Hafsa sent it to `Uthman. `Uthman then ordered Zaid bin Thabit, `Abdullah bin AzZubair, Sa`id bin Al-As and `AbdurRahman bin Harith bin Hisham to rewrite the manuscripts in perfect copies. `Uthman said to the three Quraishi men, "In case you disagree with Zaid bin Thabit on any point in the Qur'an, then write it in the dialect of Quraish, the Qur'an was revealed in their tongue." They did so, and when they had written many copies, `Uthman returned the original manuscripts to Hafsa. `Uthman sent to every Muslim province one copy of what they had copied, and ordered that all the other Qur'anic materials, whether written in fragmentary manuscripts or whole copies, be burnt.

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

In the lifetime of Allah's Apostle (p.b.u.h) the people were afflicted with a (famine) year. While the Prophet was delivering the Khutba (sermon) on the pulpit on a Friday, a Bedouin stood up and said, "O Allah's Apostle! The livestock are dying and the families (offspring) are hungry: please pray to Allah to bless us with rain." Allah's Apostle raised both his hands towards the sky and at that time there was not a trace of cloud in they sky. Then the clouds started gathering like mountains. Before he got down from the pulpit I saw rainwater trickling down his beard. It rained that day, the next day, the third day, the fourth day and till the next Friday, when the same Bedouin or some other person stood up (during the Friday Khutba) and said, "O Allah's Apostle! The houses have collapsed and the livestock are drowned. Please invoke Allah for us." So Allah's Apostle raised both his hands and said, "O Allah! Around us and not on us." Whichever side the Prophet directed his hand, the clouds dispersed from there till a hole (in the clouds) was formed over Medina. The valley of Qanat remained flowing (with water) for one month and none, came from outside who didn't talk about the abundant rain.

While I was sitting with Allah's Apostle (p.b.u.h) two person came to him; one of them complained about his poverty and the other complained about the prevalence of robberies. Allah's Apostle said, "As regards stealing and robberies, there will shortly come a time when a caravan will go to Mecca (from Medina) without any guard. And regarding poverty, The Hour (Day of Judgment) will not be established till one of you wanders about with his object of charity and will not find anybody to accept it And (no doubt) each one of you will stand in front of Allah and there will be neither a curtain nor an interpreter between him and Allah, and Allah will ask him, 'Did not I give you wealth?' He will reply in the affirmative. Allah will further ask, 'Didn't send a messenger to you?' And again that person will reply in the affirmative Then he will look to his right and he will see nothing but Hell-fire, and then he will look to his left and will see nothing but Hell-fire. And so, any (each one) of you should save himself from the fire even by giving half of a date-fruit (in charity). And if you do not find a hall datefruit, then (you can do it through saying) a good pleasant word (to your brethren). (See Hadith No. 793 Vol. 4).

Zainab, the wife of `Abdullah said, "I was in the Mosque and saw the Prophet (p.b.u.h) saying, 'O women ! Give alms even from your ornaments.' " Zainab used to provide for `Abdullah and those orphans who were under her protection. So she said to `Abdullah, "Will you ask Allah's Apostle whether it will be sufficient for me to spend part of the Zakat on you and the orphans who are under my protection?" He replied "Will you yourself ask Allah's Apostle ?" (Zainab added): So I went to the Prophet and I saw there an Ansari woman who was standing at the door (of the Prophet ) with a similar problem as mine. Bilal passed by us and we asked him, 'Ask the Prophet whether it is permissible for me to spend (the Zakat) on my husband and the orphans under my protection.' And we requested Bilal not to inform the Prophet about us. So Bilal went inside and asked the Prophet regarding our problem. The Prophet (p.b.u.h) asked, "Who are those two?" Bilal replied that she was Zainab. The Prophet said, "Which Zainab?" Bilal said, "The wife of `Abdullah (bin Mas`ud)." The Prophet said, "Yes, (it is sufficient for her) and she will receive a double rewards (for that): One for helping relatives, and the other for giving Zakat."

`Aisha said that the Prophet said to her, "O Aisha! Were your nation not close to the Pre-Islamic Period of Ignorance, I would have had the Ka`ba demolished and would have included in it the portion which had been left, and would have made it at a level with the ground and would have made two doors for it, one towards the east and the other towards the west, and then by doing this it would have been built on the foundations laid by Abraham." That was what urged Ibn-Az-Zubair to demolish the Ka`ba. Jazz said, "I saw Ibn-Az-Zubair when he demolished and rebuilt the Ka`ba and included in it a portion of Al-Hijr (the unroofed portion of Ka`ba which is at present in the form of a compound towards the northwest of the Ka`ba). I saw the original foundations of Abraham which were of stones resembling the humps of camels." So Jarir asked Yazid, "Where was the place of those stones?" Jazz said, "I will just now show it to you." So Jarir accompanied Yazid and entered Al-Hijr, and Jazz pointed to a place and said, "Here it is." Jarir said, "It appeared to me about six cubits from Al-Hijr or so."

`Umar bin Al-Khattab asked the permission of Allah's Apostle to see him while some Quraishi women were sitting with him, talking to him and asking him for more expenses, raising their voices above the voice of Allah's Apostle. When `Umar asked for the permission to enter, the women quickly put on their veils. Allah'sf Apostle allowed him to enter and `Umar came in while Allah's Apostle was smiling, `Umar said "O Allah's Apostle! May Allah always keep you smiling." The Prophet said, "These women who have been here, roused my wonder, for as soon as they heard your voice, they quickly put on their veils. "`Umar said, "O Allah's Apostle! You have more right to be feared by them than I." Then `Umar addressed the women saying, "O enemies of yourselves! You fear me more than you do Allah's Apostle ?" They said, "Yes, for you are harsher and sterner than Allah's Apostle." Then Allah's Apostle said, "O Ibn Al-Khattab! By Him in Whose Hands my life is! Never does Satan find you going on a way, but he takes another way other than yours."

Malik said, "There is no harm in buying dates from specified trees or a specified orchard or buying milk from specified sheep when the buyer starts to take them as soon as he has payed the price. That is like buying oil from a container. A man buys some of it for a dinar or two and gives his gold and stipulates that it be measured out for him. There is no harm in that. If the container breaks and the oil is wasted, the buyer has his gold back and there is no transaction between them."

Malik said, "There is no harm in everything which is taken right away as it is, like fresh milk and fresh picked dates which the buyer can take on a day-to-day basis. If the supply runs out before the buyer has what he has paid for in full, the seller gives him back the portion of the gold that is owed to him, or else the buyer takes other goods from him to the value of what he is owed and which they mutually agree about. The buyer should stay with the seller until he has taken it. It is disapproved of for the seller to leave because the transaction would then come into the forbidden category of a debt for a debt. If a stated time period for payment or delivery enters into the transaction, it is also disapproved. Delay and deferment are not permitted in it, and are only acceptable when it is standard practice on definite terms by which the seller guarantees it to the buyer, but this is not to be from one specific orchard or from any specific ewes."

Malik was asked about a man who bought an orchard from another man in which there were various types of palm-trees - excellent ajwa palms, good kabis palms, adhq palms and othertypes. The seller kept aside from the sale the produce of a certain palm of his choice. Malik said, "That is not good because if he does that, and keeps aside, for instance, dates of the ajwa variety whose yield would be 15 sa, and he picks the dates of the kabis in their place, and the yield of their dates is 10 sa or he picks the ajwa which yield 15 sa and leaves the kabis which yield 10 sa, it is as if he bought the ajwa for the kabis making allowances for their difference of quality. This is the same as if a man dealing with a man who has heaps of dates before him - a heap of 15 sa of ajwa, a heap of 10 sa of kabis, and a heap of 12 sa of cadhq, gives the owner of the dates a dinar to let him choose and take whichever of the heaps he likes." Malik said, "That is not good."

Malik was asked what a man who bought fresh dates from the owner of an orchard and advanced him a dinar was entitled to if the crop was spoilt. Malik said, "The buyer makes a reckoning with the owner of the orchard and takes what is due to him of the dinar. If the buyer has taken two-thirds of a dinar's worth of dates, he gets back the third of a dinar which is owed him. If the buyer has taken three-quarters of a dinar's worth of dates, then he gets back the quarter which is owed to him, or they come to a mutual agreement, and the buyer takes what is owed him from his dinar from the owner of the orchard in something else of his choosing. If, for instance, he prefers to take dry dates or some other goods, he takes them according to what is due. If he takes dry dates or some other goods, he should stay with him until he has been paid in full."

Malik said, "This is the same situation as hiring out a specified riding-camel or hiring out a slave tailor, carpenter or some other kind of worker or letting a house and taking payment in advance for the hire of the slave or the rent of the house or camel. Then an accident happens to what has been hired resulting in death or something else. The owner of the camel, slave or house returns what remains of the rent of the camel, the hire of the slave or the rent of the house to the one who advanced him the money, and the owner reckons what will settle that up in full. If, for instance, he has provided half of what the man paid for, he returns the remaining half of what he advanced, or according to whatever amount is due." Malik said, "Paying in advance for something which is on hand is only good when the buyer takes possession of what he has paid for as soon as he hands over the gold, whether it be slave, camel, or house, or in the case of dates, he starts to pick them as soon as he has paid the money."

It is not good that there be any deferment or credit in such a transaction.

Malik said, "An example illustrating what is disapproved of in this situation is that, for instance, a man may say that he will pay someone in advance for the use of his camel to ride in the hajj, and the hajj is still some time off, or he may say something similar to that about a slave or a house. When he does that, he only pays the money in advance on the understanding that if he finds the camel to be sound at the time the hire is due to begin, he will take it by virtue of what he has already paid. If an accident, or death, or something happens to the camel, then he will get his money back and the money he paid in advance will be considered as a loan."

Malik said, "This is distinct from someone who takes immediate possession of what he rents or hires, so that it does not fall into the category of 'uncertainty,' or disapproved payment in advance. That is following a common practice. An example of that is that a man buys a slave, or slave-girl, and takes possession of them and pays their price. If something happens to them within the period of the year indemnification contract, he takes his gold back from the one from whom he bought it. There is no harm in that. This is the precedent of the sunna in the matter of selling slaves."

Malik said, "Someone who rents a specified slave, or hires a specified camel, for a future date, at which time he will take possession of the camel or slave, has not acted properly because he did not take possession of what he rented or hired, nor is he advancing a loan which the person is responsible to pay back."

That once `Umar bin Al-Khattab called him and while he was sitting with him, his gatekeeper, Yarfa came and said, "Will you admit `Uthman, `Abdur-Rahman bin `Auf, AzZubair and Sa`d (bin Abi Waqqas) who are waiting for your permission?" `Umar said, "Yes, let them come in." After a while, Yarfa- came again and said, "Will you admit `Ali and `Abbas who are asking your permission?" `Umar said, "Yes." So, when the two entered, `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali). "Both of them had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai (i.e. booty gained without fighting), `Ali and `Abbas started reproaching each other. The (present) people (i.e. `Uthman and his companions) said, "O chief of the believers! Give your verdict in their case and relieve each from) the other." `Umar said, "Wait I beseech you, by Allah, by Whose Permission both the heaven and the earth stand fast! Do you know that Allah's Apostle said, 'We (Prophets) our properties are not to be inherited, and whatever we leave, is to be spent in charity,' and he said it about himself?" They (i.e. `Uthman and his company) said, "He did say it. "`Umar then turned towards `Ali and `Abbas and said, "I beseech you both, by Allah! Do you know that Allah's Apostle said this?" They replied in the affirmative. He said, "Now I am talking to you about this matter. Allah the Glorified favored His Apostle with something of this Fai (i.e. booty won without fighting) which He did not give to anybody else. Allah said:-- "And what Allah gave to His Apostle ("Fai"" Booty) from them--For which you made no expedition With either Calvary or camelry. But Allah gives power to His Apostles Over whomsoever He will And Allah is able to do all things." (59.6) So this property was especially granted to Allah's Apostle . But by Allah, the Prophet neither took it all for himself only, nor deprived you of it, but he gave it to all of you and distributed it amongst you till only this remained out of it. And from this Allah's Apostle used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's Property is spent (i.e. in charity), Allah's Apostle kept on acting like that during all his life, Then he died, and Abu Bakr said, 'I am the successor of Allah's Apostle.' So he (i.e. Abu Bakr) took charge of this property and disposed of it in the same manner as Allah's Apostle used to do, and all of you (at that time) knew all about it." Then `Umar turned towards `Ali and `Abbas and said, "You both remember that Abu Bakr disposed of it in the way you have described and Allah knows that, in that matter, he was sincere, pious, rightly guided and the follower of the right. Then Allah caused Abu Bakr to die and I said, 'I am the successor of Allah's Apostle and Abu Bakr.' So I kept this property in my possession for the first two years of my rule (i.e. Caliphate and I used to dispose of it in the same wa as Allah's Apostle and Abu Bakr used to do; and Allah knows that I have been sincere, pious, rightly guided an the follower of the right (in this matte Later on both of you (i.e. `Ali and `Abbas) came to me, and the claim of you both was one and the same, O `Abbas! You also came to me. So I told you both that Allah's Apostle said, "Our property is not inherited, but whatever we leave is to be given in charity.' Then when I thought that I should better hand over this property to you both or the condition that you will promise and pledge before Allah that you will dispose it off in the same way as Allah's Apostle and Abu Bakr did and as I have done since the beginning of my caliphate or else you should not speak to me (about it).' So, both of you said to me, 'Hand it over to us on this condition.' And on this condition I handed it over to you. Do you want me now to give a decision other than that (decision)? By Allah, with Whose Permission both the sky and the earth stand fast, I will never give any decision other than that (decision) till the Last Hour is established. But if you are unable to manage it (i.e. that property), then return it to me, and I will manage on your behalf." The sub-narrator said, "I told `Urwa bin Az-Zubair of this Hadith and he said, 'Malik bin Aus has told the truth" I heard `Aisha, the wife of the Prophet saying, 'The wives of the Prophet sent `Uthman to Abu Bakr demanding from him their 1/8 of the Fai which Allah had granted to his Apostle. But I used to oppose them and say to them: Will you not fear Allah? Don't you know that the Prophet used to say: Our property is not inherited, but whatever we leave is to be given in charity? The Prophet mentioned that regarding himself. He added: 'The family of Muhammad can take their sustenance from this property. So the wives of the Prophet stopped demanding it when I told them of that.' So, this property (of Sadaqa) was in the hands of `Ali who withheld it from `Abbas and overpowered him. Then it came in the hands of Hasan bin `Ali, then in the hands of Husain bin `Ali, and then in the hands of `Ali bin Husain and Hasan bin Hasan, and each of the last two used to manage it in turn, then it came in the hands of Zaid bin Hasan, and it was truly the Sadaqa of Allah's Apostle ."