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

The Messenger of Allah (saws) never failed to utter these supplications in the evening and in the morning: O Allah, I ask Thee for security in this world and in the Hereafter: O Allah! I ask Thee for forgiveness and security in my religion and my worldly affairs, in my family and my property; O Allah! conceal my fault or faults (according to Uthman's version), and keep me safe from the things which I fear; O Allah! guard me in front of me and behind me, on my right hand and on my left, and from above me: and I seek in Thy greatness from receiving unexpected harm from below me." AbuDawud said: Waki' said: That is to say, swallowing by the earth.

We were in our country when flags and banners were raised. I said: What is this?

The (the people) said: This is the banner of the Messenger of Allah (saws). So I came to him. He was (sitting) under a tree. A sheet of cloth was spread for him and he was sitting on it. His Companions were gathered around him. I sat with them.

The Messenger of Allah (saws) mentioned illness and said: When a believer is afflicted by illness and Allah cures him of it, it serves as an atonement for his previous sins and a warning to him for the future.

But when a hypocrite becomes ill and is then cured, he is like a camel which has been tethered and then let loose by its owners, but does not know why they tethered it and why they let it loose.

A man from among those around him asked: Messenger of Allah, what are illnesses? I swear by Allah, I never fell ill.

The Messenger of Allah (saws) said: Get up and leave us. You do not belong to our number. When we were with him, a man came to him. He had a sheet of cloth and something in his hand.

He turned his attention to him and said: Messenger of Allah, when I saw you, I turned towards you. I saw a group of trees and heard the sound of fledglings. I took them and put them in my garment. Their mother then came and began to hover round my head. I showed them to her, and she fell on them. I wrapped them with my garment. They are now with me.

He said: Put them away from you. So I put them away, but their mother stayed with them.

The Messenger of Allah (saws) said to his companions: Are you surprised at the affection of the mother for her young?

They said: Yes, Messenger of Allah. He said: I swear by Him Who has sent me with the Truth, Allah is more affectionate to His servants than a mother to her young ones. Take them back put them and where you took them from when their mother should have been with them. So he took them back.

"I asked Masruq, 'Who informed the Prophet about the Jinns at the night when they heard the Qur'an?' He said, 'Your father `Abdullah informed me that a tree informed the Prophet about them.' "

Muslim ibn Yasar al-Juhani said: When Umar ibn al-Khattab was asked about the verse "When your Lord took their offspring from the backs of the children of Adam" - al-Qa'nabi recited the verse--he said: I heard the Messenger of Allah (saws) say when he was questioned about it: Allah created Adam, then passed His right hand over his back, and brought forth from it his offspring, saying: I have these for Paradise and these will do the deeds of those who go to Paradise. He then passed His hand over his back and brought forth from it his offspring, saying: I have created these for Hell, and they will do the deeds of those who go to Hell.

A man asked: What is the good of doing anything, Messenger of Allah? The Messenger of Allah (saws) said: When Allah creates a servant for Paradise, He employs him in doing the deeds of those who will go to Paradise, so that his final action before death is one of the deeds of those who go to Paradise, for which He will bring him into Paradise. But when He creates a servant for Hell, He employs him in doing the deeds of those who will go to Hell, so that his final action before death is one of the deeds of those who go to Hell, for which He will bring him into Hell.

Ikrimah said: A group of people from Iraq said: Ibn Abbas, what is your opinion about the verse in which we have been commanded whatever we have been commanded, but no one acts upon it? The word of Allah, Most High, reads: "O ye who believe! Let those whom your right hands possess, and the (children) among you, who have not come of age, ask your permission (before) they enter your presence on three occasions: before morning prayer, while you are undressing for the noonday heat, and after late-night prayer. These are your three times of undress; outside those times it is not wrong for you or for them to move about."

Al-Qa'nabi recited the verse up to "full of knowledge and wisdom".

Ibn Abbas said: Allah is Most Clement and Most Merciful to the believers. He loves concealment. The people had neither curtains nor curtained canopies in their houses. Sometimes a servant, a child or a female orphan of a man entered while the man was having sexual intercourse with his wife. So Allah commanded them to ask permission in those times of undress. Then Allah brought them curtains and all good things. But I did not see anyone following it after that.

Abu Dawud said: The tradition of 'Ubaid Allah and of 'Ata, weakens this tradition.

Those involved in a case of Lian were mentioned before Allah's Apostle `Asim bin Adi said something about that and then left. Later on a man from his tribe came to him and told him that he had found another man with his wife. On that `Asim said, "I have not been put to task except for what I have said (about Lian)." `Asim took the man to Allah's Apostle and he told him of the state in which he found his wife. The man was pale, thin and lank-haired, while the other man whom he had found with his wife was brown, fat with thick calves and curly hair. Allah's Apostle said, "O Allah! Reveal the truth." Then the lady delivered a child resembling the man whom her husband had mentioned he had found with her. So Allah's Apostle ordered them to carry out Lien. A man from that gathering said to Ibn `Abbas, "Was she the same lady regarding whom Allah's Apostle said, 'If I were to stone to death someone without witnesses, I would have stoned this lady'?" Ibn `Abbas said, "No, that was another lady who, though being a Muslim, used to arouse suspicion because of her outright misbehavior."

Yahya related to me from Malik from Hisham ibn Urwa that Abdullah ibn az-Zubayr used to say, "Know that the whole of Arafa is a standing-place except for the middle of Urana, and that the wholeof Muzdalifa is a standing-place except for the middle of Muhassir."

Malik said, "Allah, the Blessed and Exalted says, 'There is to be no rafath, no fusuq and no jidal during the hajj.' " (Sura 2 ayat 197).

He added, "Rafath is sexual relations with women, and Allah knows best. Allah, the Blessed and Exalted says, 'Rafath with your women is permitted to you on the night of the fast.' (Sura 2 ayat 197). Fusuq are sacrifices made to idols, and Allah knows best. Allah, the Blessed and Exalted, says, 'Or a fisq offered up to other than Allah.' (Sura 2 ayat 197) Jidal (arguing) during the hajj refers to when the Quraysh used to stand near the mashar al-haram at Quzah in Muzdalifa, while the Arabs and others would stand at Arafa, and they would argue about who was the more correct. Allah, the Blessed and Exalted, says, 'And we appointed a method of sacrifice for every nation, which they followed, so let them not dispute with you about the matter, and call to your Lord. Surely you are on a straight guidance.' (Sura 22 ayat 67) This is what jidal refers to in our opinion, and Allah knows best. This I have heard from the people of knowledge."

While I was a youngster, I asked `Aisha the wife of the Prophet. "What about the meaning of the Statement of Allah; "Verily! (the mountains) As-Safa and Al Marwa, are among the symbols of Allah. So, it is not harmful if those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them? (2.158) I understand (from that) that there is no harm if somebody does not perform the Tawaf between them." `Aisha replied, "No, for if it were as you are saying, then the recitation would have been like this: 'It is not harmful not to perform Tawaf between them.' This verse was revealed in connection with the Ansar who used to assume the Ihram for the idol Manat which was put beside a place called Qudaid and those people thought it not right to perform the Tawaf of As- Safa and Al-Marwa. When Islam came, they asked Allah's Apostle about that, and Allah revealed:-- "Verily! (the mountains) As-Safa and Al-Marwa Are among the symbols of Allah. So, it is not harmful of those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them." (2.158) Sufyan and Abu Muawiya added from Hisham (from `Aisha): "The Hajj or `Umra of the person who does not perform the going (Tawaf) between As-Safa and Al-Marwa is incomplete in Allah's sight.

Allah's Apostle said, "While I was at Mecca the roof of my house was opened and Gabriel descended, opened my chest, and washed it with Zamzam water. Then he brought a golden tray full of wisdom and faith and having poured its contents into my chest, he closed it. Then he took my hand and ascended with me to the nearest heaven, when I reached the nearest heaven, Gabriel said to the gatekeeper of the heaven, 'Open (the gate).' The gatekeeper asked, 'Who is it?' Gabriel answered: 'Gabriel.' He asked, 'Is there anyone with you?' Gabriel replied, 'Yes, Muhammad I is with me.' He asked, 'Has he been called?' Gabriel said, 'Yes.' So the gate was opened and we went over the nearest heaven and there we saw a man sitting with some people on his right and some on his left. When he looked towards his right, he laughed and when he looked toward his left he wept. Then he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' He replied, 'He is Adam and the people on his right and left are the souls of his offspring. Those on his right are the people of Paradise and those on his left are the people of Hell and when he looks towards his right he laughs and when he looks towards his left he weeps.' Then he ascended with me till he reached the second heaven and he (Gabriel) said to its gatekeeper, 'Open (the gate).' The gatekeeper said to him the same as the gatekeeper of the first heaven had said and he opened the gate. Anas said: "Abu Dhar added that the Prophet met Adam, Idris, Moses, Jesus and Abraham, he (Abu Dhar) did not mention on which heaven they were but he mentioned that he (the Prophet ) met Adam on the nearest heaven and Abraham on the sixth heaven. Anas said, "When Gabriel along with the Prophet passed by Idris, the latter said, 'Welcome! O pious Prophet and pious brother.' The Prophet asked, 'Who is he?' Gabriel replied, 'He is Idris." The Prophet added, "I passed by Moses and he said, 'Welcome! O pious Prophet and pious brother.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Moses.' Then I passed by Jesus and he said, 'Welcome! O pious brother and pious Prophet.' I asked, 'Who is he?' Gabriel replied, 'He is Jesus. Then I passed by Abraham and he said, 'Welcome! O pious Prophet and pious son.' I asked Gabriel, 'Who is he?' Gabriel replied, 'He is Abraham. The Prophet added, 'Then Gabriel ascended with me to a place where I heard the creaking of the pens." Ibn Hazm and Anas bin Malik said: The Prophet said, "Then Allah enjoined fifty prayers on my followers when I returned with this order of Allah, I passed by Moses who asked me, 'What has Allah enjoined on your followers?' I replied, 'He has enjoined fifty prayers on them.' Moses said, 'Go back to your Lord (and appeal for reduction) for your followers will not be able to bear it.' (So I went back to Allah and requested for reduction) and He reduced it to half. When I passed by Moses again and informed him about it, he said, 'Go back to your Lord as your followers will not be able to bear it.' So I returned to Allah and requested for further reduction and half of it was reduced. I again passed by Moses and he said to me: 'Return to your Lord, for your followers will not be able to bear it. So I returned to Allah and He said, 'These are five prayers and they are all (equal to) fifty (in reward) for My Word does not change.' I returned to Moses and he told me to go back once again. I replied, 'Now I feel shy of asking my Lord again.' Then Gabriel took me till we '' reached Sidrat-il-Muntaha (Lote tree of; the utmost boundary) which was shrouded in colors, indescribable. Then I was admitted into Paradise where I found small (tents or) walls (made) of pearls and its earth was of musk."

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

A man of the tribe of Aslam came to the Prophet (saws) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (saws) was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes. He asked: Do you know what fornication is? He replied: Yes. I have done with her unlawfully what a man may lawfully do with his wife.

He then asked: What do you want from what you have said? He said: I want you to purify me. So he gave orders regarding him and he was stoned to death. Then the Prophet (saws) heard one of his companions saying to another: Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog. He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air.

He asked: Where are so and so? They said: Here we are, Messenger of Allah (saws)! He said: Go down and eat some of this ass's corpse. They replied: Messenger of Allah! Who can eat any of this? He said: The dishonour you have just shown to your brother is more serious than eating some of it. By Him in Whose hand my soul is, he is now among the rivers of Paradise and plunging into them.

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

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, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."

I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Apostle did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Apostle said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubaida bin al-Jarrah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."

The Messenger of Allah (saws) gave him that wood as a protected land.

When Umar ibn al-Khattab succeeded, Sufyan ibn Wahb wrote to Umar asking him about this wood. Umar ibn al-Khattab wrote to him: If he (Hilal) pays you the tithe on honey what he used to pay to the Messenger of Allah (saws), leave the protected land of Salabah in his possession; otherwise those bees are like those of any wood; anyone can take the honey as he likes.

Yahya said that Malik spoke about a man who made a qirad loan to a man and he bought wares with it and transported them to a commercial centre. It was not profitable to sell them and the agent feared a loss if he sold them, so he hired transport to take them to another city, and he sold them there and made a loss, and the cost of the hire was greater than the principal.

Malik said, "If the agent can pay the cost of the hire from what the capital realized, his way is that. Whatever portion of the hire is not covered by the principal, the agent must pay it. The investor is not answerable for any of it. That is because the investor only ordered him to trade with the principal. The investor is not answerable for other than the principal. Had the investor been liable, it would have been an additional loss to him on top of the principal which he invested. The agent cannot put that on to the investor."

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Abdullah ibn Ubaydullah, from Sulayman ibn Yasar from alMiqdad ibn al- Aswad that Ali ibn Abi Talib told him to ask the Messenger of Allah, may Allah bless him and grant him peace, what a man should do, who, when close to his wife, had a flow of prostatic fluid. Ali explained that the daughter of the Messenger of Allah, may Allah bless him and grant him peace, was living with him then and he was too shy to ask for himself. Al-Miqdad said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, about it, and he said, 'When you find that, wash your genitals with water and do wudu as for prayer.' "

"I asked Ibn 'Umar about what containers the Messenger of Allah (saws) prohibited. He informed us in your language, and he explained it to us in our language. He said: "The Messenger of Allah (saws) prohibited Al-Hantamah, and it is an earthenware container, and he prohibited Ad-Dubba', and it is gourd, and he prohibited An-Naqir, and it is the trunk of a date-palm that is hollowed out or carved, and he prohibited Al-Muzaffat, and it is coated with pitch. And he ordered that Nabidh be prepared in water-skins."

He said: There are narrations on this topic from 'Umar, 'Ali, Ibn 'Abbas, Abu Sa'eed, Abu Hurairah, 'Abdur-Rahman bin Ya'mur, Samurah, Anas, 'Aishah, 'Imran bin Husain, 'A'idh bin 'Amr, Al-Hakam Al-Ghifari, and Maimunah.

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

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

Two persons, a Muslim and a Jew, quarreled. The Muslim said, "By Him Who gave Muhammad superiority over all the people! The Jew said, "By Him Who gave Moses superiority over all the people!" At that the Muslim raised his hand and slapped the Jew on the face. The Jew went to the Prophet and informed him of what had happened between him and the Muslim. The Prophet sent for the Muslim and asked him about it. The Muslim informed him of the event. The Prophet said, "Do not give me superiority over Moses, for on the Day of Resurrection all the people will fall unconscious and I will be one of them, but I will. be the first to gain consciousness, and will see Moses standing and holding the side of the Throne (of Allah). I will not know whether (Moses) has also fallen unconscious and got up before me, or Allah has exempted him from that stroke."

Anas b. Malik reported that Allah's Apostle (may peace be upon him) told me something secretly. I informed none about that and Umm Sulaim asked me about it, but I did not tell her even.

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.' "

There was a dispute between Abu Bakr and `Umar, and Abu Bakr made `Umar angry. So `Umar left angrily. Abu Bakr followed him, requesting him to ask forgiveness (of Allah) for him, but `Umar refused to do so and closed his door in Abu Bakr's face. So Abu Bakr went to Allah's Apostle while we were with him. Allah's Apostle said, "This friend of yours must have quarrelled (with somebody)." In the meantime `Umar repented and felt sorry for what he had done, so he came, greeted (those who were present) and sat with the Prophet and related the story to him. Allah's Apostle became angry and Abu Bakr started saying, "O Allah's Apostle! By Allah, I was more at fault (than `Umar)." Allah's Apostle said, "Are you (people) leaving for me my companion? (Abu Bakr), Are you (people) leaving for me my companion? When I said, 'O people I am sent to you all as the Apostle of Allah,' you said, 'You tell a lie.' while Abu Bakr said, 'You have spoken the truth ."

`Abdul Malik wrote to Al-Hajjaj that he should not differ from Ibn `Umar during Hajj. On the Day of `Arafat, when the sun declined at midday, Ibn `Umar came along with me and shouted near Al- Hajjaj's cotton (cloth) tent. Al-Hajjaj came Out, wrapping himself with a waist-sheet dyed with safflower, and said, "O Abu `Abdur-Rahman! What is the matter?" He said, If you want to follow the Sunna (the tradition of the Prophet (p.b.u.h) ) then proceed (to `Arafat)." Al-Hajjaj asked, "At this very hour?" Ibn `Umar said, "Yes." He replied, "Please wait for me till I pour some water over my head (i.e. take a bath) and come out." Then Ibn `Umar dismounted and waited till Al-Hajjaj came out. So, he (Al-Hajjaj) walked in between me and my father (Ibn `Umar). I said to him, "If you want to follow the Sunna then deliver a brief sermon and hurry up for the stay at `Arafat." He started looking at `Abdullah (Ibn `Umar) (inquiringly), and when `Abdullah noticed that, he said that he had told the truth.

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of both, he takes the cow from whichever kind he wishes. So if zakat is necessary, it is assessed taking both kinds as one group."

Yahya said that Malik said, "No zakat is due from anyone who comes into possession of livestock, whether camels or cattle or sheep and goats, until a year has elapsed over them from the day he acquired them, unless he already had in his possession a nisab of livestock. (The nisab is the minimum amount on which zakat has to be paid, either five head of camels, or thirty cattle, or forty sheep and goats). If he already had five head of camels, or thirty cattle, or forty sheep and goats, and he then acquired additional camels, or cattle, or sheep and goats, either by trade, or gift, or inheritance, he must pay zakat on them when he pays the zakat on the livestock he already has, even if a year has not elapsed over the acquisition. And even if the additional livestock that he acquired has had zakat taken from it the day before he bought it, or the day before he inherited it, he must still pay the zakat on it when he pays the zakat on the livestock he already has "

Yahya said that Malik said, "This is the same situation as some one who has some silver on which he pays the zakat and then uses to buy some goods with from somebody else. He then has to pay zakat on those goods when he sells them. It could be that one man will have to pay zakat on them one day, and by the following day the other man will also have to pay."

Malik said, in the case of a man who had sheep and goats which did not reach the zakatable amount, and who then bought or inherited an additional number of sheep and goats well above the zakatable amount, that he did not have to pay zakat on all his sheep and goats until a year had elapsed over them from the day he acquired the new animals, whether he bought them or inherited them.This was because none of the livestock that a man had, whether it be camels, or cattle, or sheep and goats, was counted as a nisab until there was enough of any one kind for him to have to pay zakat on it. This was the nisab which is used for assessing the zakat on what the owner had additionally acquired, whether it were a large or small amount of livestock.

Malik said, "If a man has enough camels, or cattle, or sheep and goats, for him to have to pay zakat on each kind, and then he acquires another camel, or cow, or sheep, or goat, it must be included with the rest of his animals when he pays zakat on them "

Yahya said that Malik said, "This is what I like most out of what I heard about the matter."

Malik said, in the case of a man who does not have the animal required of him for the zakat, "If it is a two-year-old she-camel that he does not have, a three-year-old male camel is taken instead. If it is a three- or four- or five-year-old she-camel that he does not have, then he must buy the required animal so that he gives the collector what is due. I do not like it if the owner gives the collector the equivalent value."

Malik said, about camels used for carrying water, and cattle used for working water-wheels or ploughing, "In my opinion such animals are included when assessing zakat."

(the wife of the Prophet) `Utba bin Abi Waqqas said to his brother Sa`d bin Abi Waqqas, "The son of the slave girl of Zam`a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa`d took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." `Abd bin Zam`a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they both submitted their case before Allah's Apostle. Sa`d said, "O Allah's Apostle! This boy is the son of my brother and he entrusted him to me." `Abd bin Zam`a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." Allah's Apostle said, "The boy is for you, O `Abd bin Zam`a!" Then Allah's Apostle further said, "The child is for the owner of the bed, and the stone is for the adulterer," He then said to Sauda bint Zam`a, "Veil (screen) yourself before him," when he saw the child's resemblance to `Utba. The boy did not see her again till he met Allah.

Allah's Apostle went out to inform the people about the (date of the Night of decree (Al-Qadr). There happened a quarrel between two Muslim men. The Prophet said, "I came out to inform you about the Night of Al-Qadr, but as so-and-so and so-and-so quarrelled, so the news about it had been taken away; and may be it was better for you. So look for it in the ninth, the seventh, or the fifth (of the last ten days of Ramadan).

The people of Medina asked Ibn `Abbas about a woman who got her menses after performing Tawafal- Ifada. He said, "She could depart (from Mecca)." They said, "We will not act on your verdict and ignore the verdict of Zaid." Ibn `Abbas said, "When you reach Medina, inquire about it." So, when they reached Medina they asked (about that). One of those whom they asked was Um Sulaim. She told them the narration of Safiya (812).

Once the Prophet went to the house of Fatima but did not enter it. `Ali came and she told him about that. When 'All asked the Prophet about it, he said, "I saw a (multicolored) decorated curtain on her door. I am not interested in worldly things." `Ali went to Fatima and told her about it. Fatima said, "I am ready to dispense with it in the way he suggests." The Prophet ordered her to send it to such-andsuch needy people. "

One day while Allah's Apostle was sitting with the people, a man came to him walking and said, "O Allah's Apostle. What is Belief?" The Prophet said, "Belief is to believe in Allah, His Angels, His Books, His Apostles, and the meeting with Him, and to believe in the Resurrection." The man asked, "O Allah's Apostle What is Islam?" The Prophet replied, "Islam is to worship Allah and not worship anything besides Him, to offer prayers perfectly, to pay the (compulsory) charity i.e. Zakat and to fast the month of Ramadan." The man again asked, "O Allah's Apostle What is Ihsan (i.e. perfection or Benevolence)?" The Prophet said, "Ihsan is to worship Allah as if you see Him, and if you do not achieve this state of devotion, then (take it for granted that) Allah sees you." The man further asked, "O Allah's Apostle When will the Hour be established?" The Prophet replied, "The one who is asked about it does not know more than the questioner does, but I will describe to you its portents. When the lady slave gives birth to her mistress, that will be of its portents; when the bare-footed naked people become the chiefs of the people, that will be of its portents. The Hour is one of five things which nobody knows except Allah. Verily, the knowledge of the Hour is with Allah (alone). He sends down the rain, and knows that which is in the wombs." (31.34) Then the man left. The Prophet said, "Call him back to me." They went to call him back but could not see him. The Prophet said, "That was Gabriel who came to teach the people their religion." (See Hadith No. 47 Vol 1)

"Ibn 'Umar and I went to Abu Sa'eed and he narrated to us: 'the Messenger of Allah (saws) said - and I heard him with these [two] ears: "Do not sell gold for gold except kind for kind, nor sliver for silver except kind for kind, do not exchange more of one than the other, and do not sell what is not present from them for what is present."

[Abu 'Eisa said:] There are narrations on this topic from Abu Bakr, 'Umar, 'Uthman, Abu Hurairah, Hisham bin 'Amir, Al-Bara', Zaid bin Arqam, Fadalah bin 'Ubaid, Abu Bakrah, Ibn 'Umar, Abu Ad-Darda', and Bilal.

[He said:] The Hadith of Abu Sa'eed, from the Prophet (saws) [about Riba] is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others, except for what has been related from Ibn 'Abbas; he did not see any harm in exchanging gold for gold or silver for silver, more for less, when it is done hand in hand, and he said: "Riba' is only in credit." Similar it has been related from some of his companions. It has been related that Ibn 'Abbas changed his opinion when Abu Sa'eed narrated it to him from the Prophet (saws). The first view is more correct.

And this is acted upon according to the people of knowledge [among the Companions of the Prophet (saws) and others]. It is the view of Sufyan Ath-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. It has been reported that Ibn Al-Mubarak said: "There is no difference over exchange."

When Allah gave Allah's Apostle what he gave of the properties of the Hawazin tribe as a war booty, the Prophet started giving some men 100 camels each. The Ansar (then) said, "May Allah forgive Allah's Apostles as he gives to Quraish and leaves us although our swords are still dribbling with the blood of Quraish." Allah Apostle was informed of their statement, so he sent for the Ansar and gathered them in a leather tent, and did not call anybody else along with them. When they al I gathered, the Prophet got up and said, "What is this talk being informed to me about you?" The learned men amongst the Ansar said, "O Allah's Apostle! Our chiefs did not say anything, but some people amongst us who are younger in age said. 'May Allah forgive Allah's Apostle as he gives (of the booty) to Quraish and leaves us though our swords are still dribbling with their blood." The Prophet said, "I give to these men who have newly deserted heathenism (and embraced Islam) so as to attract their hearts. Won't you be happy that the people take the wealth while you take the Prophet with you to your homes? By Allah, what you are taking is better than whatever they are taking." They (i.e. the Ansar) said, "O Allah's Apostle! We are satisfied." The Prophet then said to them. "You will find others favored over you greatly, so be patient till you meet Allah and His Apostle and I will be at the Tank then." Anas added: But they did not remain patient.

Surat Bani-lsrael, Al-Kahf (The Cave), Maryam, Taha, Al-Anbiya' (The prophets) are amongst my first earnings and my old property, and (in fact) they are my old property.

A man asked the Prophet about the picking up of a "Luqata" (fallen lost thing). The Prophet replied, "Recognize and remember its tying material and its container, and make public announcement (about it) for one year, then utilize it but give it to its owner if he comes." Then the person asked about the lost camel. On that, the Prophet got angry and his cheeks or his Face became red and he said, "You have no concern with it as it has its water container, and its feet and it will reach water, and eat (the leaves) of trees till its owner finds it." The man then asked about the lost sheep. The Prophet replied, "It is either for you, for your brother (another person) or for the wolf."

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

(The Prophet) Solomon said, "Tonight I will sleep with (my) ninety wives, each of whom will get a male child who will fight for Allah's Cause." On that, his companion (Sufyan said that his companion was an angel) said to him, "Say, "If Allah will (Allah willing)." But Solomon forgot (to say it). He slept with all his wives, but none of the women gave birth to a child, except one who gave birth to a halfboy. Abu Huraira added: The Prophet said, "If Solomon had said, "If Allah will" (Allah willing), he would not have been unsuccessful in his action, and would have attained what he had desired." Once Abu Huraira added: Allah apostle said, "If he had accepted."