Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah's Messenger (may peace be upon him) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint Qais.

[He said:] There are narrations on this topic from Anas, Ibn 'Abbas, Jabir, Abu Sa'eed, and Zaid bin Thabit.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They dislike selling fruits before their usefulness appears, this is the view of Ash-Shafi'i, Ahmad and Ishaq.

Abu DAwud said : This Abu ‘Abd Allah is Hudhaifah.

The Prophet said, "An honest treasurer who gives what he is ordered to give fully, perfectly and willingly to the person to whom he is ordered to give, is regarded as one of the two charitable persons."

Yahya related to me from Malik from Abd arRahman ibn al-Qasim from his father that A'isha umm al-muminin said, "We went out on a journey with the Messenger of Allah, may Allah bless him and grant him peace, and, when we came to Bayda' or Dhat al-Jaysh, a necklace of mine broke. The Messenger of Allah, may Allah bless him and grant him peace, stopped to look for it and the people stopped with him. There was no water nearby and the people were not carrying any with them, so they came to Abu Bakr as-Siddiq and said, 'Don't you see what A'isha has done? She has made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them.' "

A'isha continued, "Abu Bakr came and the Messenger of Allah, may Allah bless him and grant him peace, had fallen asleep with his head on my thigh . Abu Bakr said, 'You have made the Messenger of Allah, may Allah bless him and grant him peace, and the people stop when there is no water nearby and they are not carrying any with them ' "

She continued, "Abu Bakr remonstrated with me and said whatever Allah willed him to say, and began to poke me in the waist. The only thing that stopped me from moving was that the Messenger of Allah, may Allah bless him and grant him peace, had his head on my thigh. The Messenger of Allah, may Allah bless him and grant him peace, slept until morning found him with no water. Allah, the Blessed and Exalted, sent down the ayat of tayammum and so they did tayammum. Usayd ibn Hudayr said, 'This is not the first baraka from you, O family of Abu Bakr.'"

A'isha added, "We roused the camel I had been on and found the necklace under it."

Malik was asked whether a man who did tayammum for one prayer should do tayammum when the time of the next prayer came or whether the first tayammum was enough. He said, "No, he does tayammum for every prayer, because he has to look for water for every prayer. If he looks for it and does not find it then he does tayammum."

Malik was asked whether a man who did tayammum could lead others in prayer if they were in wudu. He said, "I prefer that someone else should lead them. However, I see no harm in it if he does lead them in prayer."

Yahya said that Malik said that a man who did tayammum because he could not find any water, and then stood and said the takbir and entered into the prayer, and then someone came with some water, did not stop his prayer but completed it with tayammum and did wudu for future prayers.

Yahya said that Malik said, "Whoever rises for prayer and does not find water and so does what Allah has ordered him to do of tayammum has obeyed Allah. Someone who does find water is neither purer than him nor more perfect in prayer, because both have been commanded and each does as Allah has commanded. What Allah has commanded as far as wudu is concerned is for the one who finds water, and tayammum is for the one who does not find water before he enters into the prayer."

Malik said that a man who was in a state of major ritual impurity could do tayammum and read his portion of Qur'an and do voluntary prayers as long as he did not find any water. This applied only to circumstances in which it was allowable to pray with tayammum.

When Allah's Apostle was on his death-bed and in the house there were some people among whom was `Umar bin Al-Khattab, the Prophet said, "Come, let me write for you a statement after which you will not go astray." `Umar said, "The Prophet is seriously ill and you have the Qur'an; so the Book of Allah is enough for us." The people present in the house differed and quarrelled. Some said "Go near so that the Prophet may write for you a statement after which you will not go astray," while the others said as `Umar said. When they caused a hue and cry before the Prophet, Allah's Apostle said, "Go away!" Narrated 'Ubaidullah: Ibn `Abbas used to say, "It was very unfortunate that Allah's Apostle was prevented from writing that statement for them because of their disagreement and noise."

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

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

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

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

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

Hassan came to Aisha and said the following poetic Verse: 'A chaste pious woman who arouses no suspicion. She never talks against chaste heedless women behind their backs.' `Aisha said, "But you are not," I said (to `Aisha), "Why do you allow such a person to enter upon you after Allah has revealed: "...and as for him among them who had the greater share therein'?" (24.11) She said, "What punishment is worse than blindness?" She added, "And he used to defend Allah's Apostle against the pagans (in his poetry).

An Ansari man quarreled with Az-Zubair in the presence of the Prophet about the Harra Canals which were used for irrigating the date-palms. The Ansari man said to Az-Zubair, "Let the water pass' but Az-Zubair refused to do so. So, the case was brought before the Prophet who said to Az-Zubair, "O Zubair! Irrigate (your land) and then let the water pass to your neighbor." On that the Ansari got angry and said to the Prophet, "Is it because he (i.e. Zubair) is your aunt's son?" On that the color of the face of Allah's Apostle changed (because of anger) and he said, "O Zubair! Irrigate (your land) and then withhold the water till it reaches the walls between the pits round the trees." Zubair said, "By Allah, I think that the following verse was revealed on this occasion": "But no, by your Lord They can have No faith Until they make you judge In all disputes between them." (4.65)

Usama bin Zaid said, "The Prophet rode over a donkey with a saddle underneath which there was a thick soft Fadakiya velvet sheet. Usama bin Zaid was his companion rider, and he was going to pay a visit to Sa`d bin Ubada (who was sick) at the dwelling place of Bani Al-Harith bin Al-Khazraj, and this incident happened before the battle of Badr. The Prophet passed by a gathering in which there were Muslims and pagan idolators and Jews, and among them there was `Abdullah bin Ubai bin Salul, and there was `Abdullah bin Rawaha too. When a cloud of dust raised by the animal covered that gathering, `Abdullah bin Ubai covered his nose with his Rida (sheet) and said (to the Prophet), "Don't cover us with dust." The Prophet greeted them and then stopped, dismounted and invited them to Allah (i.e., to embrace Islam) and also recited to them the Holy Qur'an. `Abdullah bin Ubai' bin Salul said, "O man! There is nothing better than what you say, if what you say is the truth. So do not trouble us in our gatherings. Go back to your mount (or house,) and if anyone of us comes to you, tell (your tales) to him." On that `Abdullah bin Rawaha said, "(O Allah's Apostle!) Come to us and bring it(what you want to say) in our gatherings, for we love that." So the Muslims, the pagans and the Jews started quarreling till they were about to fight and clash with one another. The Prophet kept on quietening them (till they all became quiet). He then rode his animal, and proceeded till he entered upon Sa`d bin 'Ubada, he said, "O Sa`d, didn't you hear what Abu Habbab said? (He meant `Abdullah bin Ubai). He said so-and-so." Sa`d bin 'Ubada said, "O Allah's Apostle! Excuse and forgive him, for by Allah, Allah has given you what He has given you. The people of this town decided to crown him (as their chief) and make him their king. But when Allah prevented that with the Truth which He had given you, it choked him, and that was what made him behave in the way you saw him behaving." So the Prophet excused him.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Ibrahim ibn alHarith at-Taymi from Yahya ibn Abd ar-Rahman ibn Hatib that Umar ibn al-Khattab set out on one occasion with a party of riders, one of whom was Amr ibn al-As. They came to a watering place and Amr ibn al-As asked the man who owned it whether wild beasts drank from it. Umar ibn al-Khattab told the owner of the watering place not to answer, since the people drank after the wild beasts and the wild beasts drank after them.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "Abu Bakr as-Siddiq used to pray witr when he wished to go to bed, and Umar ibn al-Khattab used to pray witr at the end of the night. As for me, I pray witr when I go to bed."

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn Abi Salama saw the Messenger of Allah, may Allah bless him and grant him peace, praying in one garment in the house of Umm Salama. He was completely covered by it, and had put both ends over his shoulders.

Malik said, "There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night."

Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting."

"There is, however, a distinction between the marriage of someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different."

"This is the sunna as it has come down to us regarding marriage for those who are muhrim, doing itikaf, or fasting.

Abu Dawud said: This tradition has been transmitted by Qatadah from Sa'd b. Yazid on the authority of Ibn al-Musayyab in a similar way. This tradition has been narrated by Yahya b. Abi Kathir from Yazid b. Nu'aim from Sa'id b. al-Musayyab, and 'Ata al-Khurasani narrated it from Sa'id b. al-Musayyab ; they all narrated this tradition from the Prophet (saws) omitting the link of the Companion (i.e. a mursal tradition). The version of Yahya b. Abi Kathir has: Basrah b. Aktham married a woman. The agreed version has: He made the child his servant.

Anas bin Malik said, "A person entered the Mosque on a Friday through the gate facing the Daril- Qada' and Allah's Apostle was standing delivering the Khutba (sermon). The man stood in front of Allah's Apostle and said, 'O Allah's Apostle, livestock are dying and the roads are cut off; please pray to Allah for rain.' So Allah's Apostle (p.b.u.h) raised both his hands and said, 'O Allah! Bless us with rain. O Allah! Bless us with rain. O Allah! Bless us with rain!" Anas added, "By Allah, there were no clouds in the sky and there was no house or building between us and the mountain of Sila'. Then a big cloud like a shield appeared from behind it (i.e. Silas Mountain) and when it came in the middle of the sky, it spread and then rained. By Allah! We could not see the sun for a week. The next Friday, a person entered through the same gate and Allah's Apostle was delivering the Friday Khutba and the man stood in front of him and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off; Please pray to Allah to withhold rain.' " Anas added, "Allah's Apostle raised both his hands and said, 'O Allah! Round about us and not on us. O Allah!' On the plateaus, on the mountains, on the hills, in the valleys and on the places where trees grow.' " Anas added, "The rain stopped and we came out, walking in the sun." Sharik asked Anas whether it was the same person who had asked for rain the previous Friday. Anas replied that he did not know.

Allah's Apostle rode a donkey, equipped with a thick cloth-covering made in Fadak and was riding behind him. He was going to pay visit to Sa`d bin Ubada in Banu Al-Harith bin Al-Khazraj; and this incident happened before the battle of Badr. The Prophet passed by a gathering in which `Abdullah bin Ubai bin Salul was present, and that was before `Abdullah bin Ubai embraced Islam. Behold in that gathering there were people of different religions: there were Muslims, pagans, idol-worshippers and Jews, and in that gathering `Abdullah bin Rawaha was also present. When a cloud of dust raised by the donkey reached that gathering, `Abdullah bin Ubai covered his nose with his garment and then said, "Do not cover us with dust." Then Allah's Apostle greeted them and stopped and dismounted and invited them to Allah (i.e. to embrace Islam) and recited to them the Holy Qur'an. On that, `Abdullah bin Ubai bin Saluil said, "O man ! There is nothing better than that what you say. If it is the truth, then do not trouble us with it in our gatherings. Return to your mount (or residence) and if somebody comes to you, relate (your tales) to him." On that `Abdullah bin Rawaha said, "Yes, O Allah's Apostle! Bring it (i.e. what you want to say) to us in our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing one another till they were on the point of fighting with one another. The Prophet kept on quietening them till they became quiet, whereupon the Prophet rode his animal (mount) and proceeded till he entered upon Sa`d bin Ubada. The Prophet said to Sa`d, "Did you not hear what 'Abu Hub-b said?" He meant `Abdullah bin Ubai. "He said so-andso." On that Sa`d bin Ubada said, "O Allah's Apostle! Excuse and forgive him, for by Him Who revealed the Book to you, Allah brought the Truth which was sent to you at the time when the people of this town (i.e. Medina) had decided unanimously to crown him and tie a turban on his head (electing him as chief). But when Allah opposed that (decision) through the Truth which Allah gave to you, he (i.e. `Abdullah bin Ubai) was grieved with jealously. and that caused him to do what you have seen." So Allah's Apostle excused him, for the Prophet and his companions used to forgive the pagans and the people of Scripture as Allah had ordered them, and they used to put up with their mischief with patience. Allah said: "And you shall certainly hear much that will grieve you from those who received the Scripture before you and from the pagans........'(3.186) And Allah also said:--"Many of the people of the Scripture wish if they could turn you away as disbelievers after you have believed, from selfish envy.." (2.109) So the Prophet used to stick to the principle of forgiveness for them as long as Allah ordered him to do so till Allah permitted fighting them. So when Allah's Apostle fought the battle of Badr and Allah killed the nobles of Quraish infidels through him, Ibn Ubai bin Salul and the pagans and idolaters who were with him, said, "This matter (i.e. Islam) has appeared (i.e. became victorious)." So they gave the pledge of allegiance (for embracing Islam) to Allah's Apostle and became Muslims.

I can still picture myself looking at the Messenger of Allah (saws) who was among the camps of the Companions seeking the camp of Khalid ibn al-Walid, when a man who had drunk wine was brought before him. He asked the people: Beat him. Some struck him with sandals, some with sticks and some with fresh branches of the palm-tree (mitakhah). Ibn Wahb said: This (mitakhah) means green palm fronds. Then the apostle of Allah (saws) took some dust from the ground and threw it on his face.

I read in the Torah that the blessing of food consists in ablution before it. So I mentioned it to the Prophet (saws). He said: The blessing of food consists in ablution before it and ablution after it.

Sufyan disapproved of performing ablution before taking food.

Abu Dawud said: It is weak.

Nafi' said: Ibn Umar made the call to prayer at Dajnan (a place between Mecca and Medina), on a cold and windy night. He added the words at the end of the call: "Lo! pray in your dwellings. Lo! pray in the dwellings." He then said: The Messenger of Allah (saws) used to command the mu'adhdhin to announce, "Lo! pray in your dwellings." on a cold or rainy night during journey.

The Messenger of Allah (saws) as saying: He who has in his heart as much pride as much pride as grain of mustard-seed will not enter paradise. And he who has in his heart as much faith as grain of mustard-seed will not enter Hell.

Abu Dawud said: Al-Qasmali has transmitted it from Al-A'mash in a similar way.

Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al- Musayyab and Abu Salama ibn Abd ar-Rahman told him from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "When the imam says 'Amin', say 'Amin', for the one whose 'Amin' coincides with the 'Amin' of the angels - his previous wrong actions are forgiven him."

Ibn Shihab said, "The Messenger of Allah, may Allah bless him and grant him peace, used to say 'Aameen' (extending it)."

The Prophet said, "The Hour will not be established till there is a war between two groups among whom there will be a great number of casualties, though the claims (or religion) of both of them will be one and the same. And the Hour will not be established till there appear about thirty liars, all of whom will be claiming to be the messengers of Allah. "

It was narrated from Humran, the freed slave of ‘Uthman, that he saw `Uthman (رضي الله عنه) call for a vessel,... and he mentioned a similar report.

(the freed slave of `Uthman bin `Affan) I saw `Uthman bin `Affan asking (for a tumbler of water) to perform ablution (and when it was brought) he poured water from it over his hands and washed them thrice and then put his right hand in the water container and rinsed his mouth and washed his nose by putting water in it and then blowing it out. Then he washed his face thrice and (then) forearms up to the elbows thrice, then passed his wet hands over his head and then washed each foot thrice. After that `Uthman said, "I saw the Prophet performing ablution like this of mine, and he said, 'If anyone performs ablution like that of mine and offers a two-rak`at prayer during which he does not think of anything else (not related to the present prayer) then his past sins will be forgiven. '

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

Abu Bakr came riding his horse from his dwelling place in As-Sunh. He got down from it, entered the Mosque and did not speak with anybody till he came to me and went direct to the Prophet, who was covered with a marked blanket. Abu Bakr uncovered his face. He knelt down and kissed him and then started weeping and said, "My father and my mother be sacrificed for you, O Allah's Prophet! Allah will not combine two deaths on you. You have died the death which was written for you." Narrated Abu Salama from Ibn `Abbas : Abu Bakr came out and `Umar , was addressing the people, and Abu Bakr told him to sit down but `Umar refused. Abu Bakr again told him to sit down but `Umar again refused. Then Abu Bakr recited the Tashah-hud (i.e. none has the right to be worshipped but Allah and Muhammad is Allah's Apostle) and the people attended to Abu Bakr and left `Umar. Abu Bakr said, "Amma ba'du, whoever amongst you worshipped Muhammad, then Muhammad is dead, but whoever worshipped Allah, Allah is alive and will never die. Allah said: 'Muhammad is no more than an Apostle and indeed (many) Apostles have passed away before him ..(up to the) grateful.' " (3.144) (The narrator added, "By Allah, it was as if the people never knew that Allah had revealed this verse before till Abu Bakr recited it and then whoever heard it, started reciting it.")