The Prophet visited me during Hajjat ul-Wada` while I was suffering from a disease which brought me to the verge of death. I said, "O Allah's Apostle! My ailment has reached such a (bad) state as you see, and I have much wealth, but I have no-one to inherit from me except my only daughter. Shall I give 2/3 of my property as alms (in charity)?" The Prophet said, "No," I said, "Shall I give half of my property as alms?" He said, "No." I said, "(Shall I give) 1/3 of it? " He replied, " 1/3, and even 1/3 is too much. It is better for you to leave your inheritors wealthy rather than to leave them poor, begging people (for their sustenance); and whatever you spend for Allah's Sake, you will get reward for it even for the morsel of food which you put in your wives mouth." I said, "O Allah's Apostle! Should I remain (in Mecca) behind my companions (who are going with you to Medina)?" The Prophet said, "If you remain behind, any good deed which you will do for Allah's Sake, will upgrade and elevate you. May be you will live longer so that some people may benefit by you and some other (i.e. infidels) may get harmed by you." The Prophet then added, "O Allah! Complete the Migration of my companions and do not turn them on their heels. But the poor Sa`d bin Khaula (not the above mentioned Sa`d) (died in Mecca) ." Allah's Apostle pitied Sa`d for he died in Mecca.

Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.

Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.

She said: I have no need of perfume, but I heard the Messenger of Allah (saws) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.

She then said: I have no need of perfume, but I heard the Messenger of Allah (saws) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (saws) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?

The Messenger of Allah (saws) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (saws) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.

Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.

Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.

Abu Dawud said: The Arabic word "hafsh" means a small cell.

On the authority of his father (Sa'd) and his grandfather (Dumayrah) (according to Musa's version) who were present in the battle of Hunayn with the Messenger of Allah (saws): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja'.

That was the first blood-money decided by the Messenger of Allah (saws) (for payment). Uyaynah spoke about the killing of al-Ashja'i, for he belonged to Ghatafan, and al-Aqra' ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew.

So the Messenger of Allah (saws) said: Do you not accept blood-money, Uyaynah?

Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew.

The Messenger of Allah (saws) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand.

He said: I do not find in the beginning of Islam any illustration for what he has done except the one that "some sheep came on, and those in the front were shot; hence those in the rear ran away". (The other example is that) "make a law today and change it."

The Messenger of Allah (saws) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Messenger of Allah (saws), with his eyes flowing.

He said: Messenger of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah's forgiveness for me. Messenger of Allah!

The Messenger of Allah (saws) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly.

AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment.

Ibn Ishaq said: His people alleged that the Messenger of Allah (saws) asked forgiveness for him after that.

Abu Dawud said: Al-Nadr b. Shumail said: al-ghiyar means blood-wit.

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces of property in various places, or is a co-owner of various pieces of property in various places, none of which individually comes to a zakatable amount, but which, when added together, do come to a zakatable amount, then he adds them together and pays the zakat that is due on them ."

(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Apostle in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."

So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house.

Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection of Abu Bakr on condition that he should worship his Lord in his house, but he has violated the conditions and he has built a mosque in front of his house where he prays and recites the Quran publicly. We are now afraid that he may affect our women and children unfavorably. So, prevent him from that. If he likes to confine the worship of his Lord to his house, he may do so, but if he insists on doing that openly, ask him to release you from your obligation to protect him, for we dislike to break our pact with you, but we deny Abu Bakr the right to announce his act publicly." Ibn Ad-Daghina went to Abu- Bakr and said, ("O Abu Bakr!) You know well what contract I have made on your behalf; now, you are either to abide by it, or else release me from my obligation of protecting you, because I do not want the 'Arabs hear that my people have dishonored a contract I have made on behalf of another man." Abu Bakr replied, "I release you from your pact to protect me, and am pleased with the protection from Allah."

At that time the Prophet was in Mecca, and he said to the Muslims, "In a dream I have been shown your migration place, a land of date palm trees, between two mountains, the two stony tracts." So, some people migrated to Medina, and most of those people who had previously migrated to the land of Ethiopia, returned to Medina. Abu Bakr also prepared to leave for Medina, but Allah's Apostle said to him, "Wait for a while, because I hope that I will be allowed to migrate also." Abu Bakr said, "Do you indeed expect this? Let my father be sacrificed for you!" The Prophet said, "Yes." So Abu Bakr did not migrate for the sake of Allah's Apostle in order to accompany him. He fed two she-camels he possessed with the leaves of As-Samur tree that fell on being struck by a stick for four months.

One day, while we were sitting in Abu Bakr's house at noon, someone said to Abu Bakr, "This is Allah's Apostle with his head covered coming at a time at which he never used to visit us before." Abu Bakr said, "May my parents be sacrificed for him. By Allah, he has not come at this hour except for a great necessity." So Allah's Apostle came and asked permission to enter, and he was allowed to enter. When he entered, he said to Abu Bakr. "Tell everyone who is present with you to go away." Abu Bakr replied, "There are none but your family. May my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "i have been given permission to migrate." Abu Bakr said, "Shall I accompany you? May my father be sacrificed for you, O Allah's Apostle!" Allah's Apostle said, "Yes." Abu Bakr said, "O Allah's Apostle! May my father be sacrificed for you, take one of these two she-camels of mine." Allah's Apostle replied, "(I will accept it) with payment." So we prepared the baggage quickly and put some journey food in a leather bag for them. Asma, Abu Bakr's daughter, cut a piece from her waist belt and tied the mouth of the leather bag with it, and for that reason she was named Dhat-un-Nitaqain (i.e. the owner of two belts).

Then Allah's Apostle and Abu Bakr reached a cave on the mountain of Thaur and stayed there for three nights. 'Abdullah bin Abi Bakr who was intelligent and a sagacious youth, used to stay (with them) aver night. He used to leave them before day break so that in the morning he would be with Quraish as if he had spent the night in Mecca. He would keep in mind any plot made against them, and when it became dark he would (go and) inform them of it. 'Amir bin Fuhaira, the freed slave of Abu Bakr, used to bring the milch sheep (of his master, Abu Bakr) to them a little while after nightfall in order to rest the sheep there. So they always had fresh milk at night, the milk of their sheep, and the milk which they warmed by throwing heated stones in it. 'Amir bin Fuhaira would then call the herd away when it was still dark (before daybreak). He did the same in each of those three nights. Allah's Apostle and Abu Bakr had hired a man from the tribe of Bani Ad-Dail from the family of Bani Abd bin Adi as an expert guide, and he was in alliance with the family of Al-'As bin Wail As-Sahmi and he was on the religion of the infidels of Quraish. The Prophet and Abu Bakr trusted him and gave him their two she-camels and took his promise to bring their two she camels to the cave of the mountain of Thaur in the morning after three nights later. And (when they set out), 'Amir bin Fuhaira and the guide went along with them and the guide led them along the sea-shore.

Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye.

Aisha said: She then came to the Messenger of Allah (saws) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Messenger of Allah (saws) would look at her in the same way that I had looked.

She said: Messenger of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom.

The Messenger of Allah (saws) said: Are you inclined to that which is better? She asked: What is that, Messenger of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you.

She said: I shall do this. She (Aisha) said: The people then heard that the Messenger of Allah (saws) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Messenger of Allah (saws) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.

Abu dawud said: This evidence shows that a Muslim ruler may marry a slave woman himself.

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

Yahya related to me from Malik from Zayd ibn Abi Unaysa that Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab informed him from Muslim ibn Yasar al-Juhani that Umar ibn al-Khattab was asked about this ayat - "When your Lord took their progeny from the Banu Adam from their backs and made them testify against themselves. 'Am I not your Lord?' They said, 'Yes, we bear witness'

Lest you should say on the Day of Rising, 'We were heedless of that.'" (Sura 7 ayat 172) Umar ibn al-Khattab said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah, the Blessed, the Exalted, created Adam. Then He stroked his back with His right hand, and progeny issued from it. He said, "I created these for the Garden and they will act with the behaviour of the people of the Garden." Then He stroked his back again and brought forth progeny from him. He said, "I created these for the Fire and they will act with the behaviour of the people of the Fire." 'A man said, 'Messenger of Allah! Then of what value are deeds?' The Messenger of Allah, may Allah bless him and grant him peace, answered, 'When Allah creates a slave for the Garden, he makes him use the behaviour of the people of the Garden, so that he dies on one of the actions of the people of the Garden and by it He brings him into the Garden. When He creates a slave for the Fire, He makes him use the behaviour of the people of the Fire, so that he dies on one of the actions of the people of the Fire, and by it, He brings him into the Fire.' "

One night I slept at the house of Maimuna. The Prophet woke up, answered the call of nature, washed his face and hands, and then slept. He got up (late at night), went to a water skin, opened the mouth thereof and performed ablution not using much water, yet he washed all the parts properly and then offered the prayer. I got up and straightened my back in order that the Prophet might not feel that I was watching him, and then I performed the ablution, and when he got up to offer the prayer, I stood on his left. He caught hold of my ear and brought me over to his right side. He offered thirteen rak`at in all and then lay down and slept till he started blowing out his breath as he used to do when he slept. In the meantime Bilal informed the Prophet of the approaching time for the (Fajr) prayer, and the Prophet offered the Fajr (Morning) prayer without performing new ablution. He used to say in his invocation, Allahumma ij`al fi qalbi nuran wa fi basari nuran, wa fi sam`i nuran, wa`an yamini nuran, wa`an yasari nuran, wa fawqi nuran, wa tahti nuran, wa amami nuran, wa khalfi nuran, waj`al li nuran." Kuraib (a sub narrator) said, "I have forgotten seven other words, (which the Prophet mentioned in this invocation). I met a man from the offspring of Al-`Abbas and he narrated those seven things to me, mentioning, '(Let there be light in) my nerves, my flesh, my blood, my hair and my body,' and he also mentioned two other things."

Abu Talha said to Um Sulaim, "I heard the voice of Allah's Apostle rather weak, and I knew that it was because of hunger. Have you anything (to present to the Prophet)?" She said, "Yes." Then she took out a few loaves of barley bread and took a veil of hers and wrapped the bread with a part of it and sent me to Allah's Apostle. I went and found Allah's Apostle sitting in the mosque with some people. I stood up before him. Allah's Apostle said to me, "Has Abu Talha sent you?" I said, ' Yes. Then Allah's Apostle said to those who were with him. "Get up and proceed." I went ahead of them (as their forerunner) and came to Abu Talha and informed him about it. Abu Talha said, "O Um Sulaim! Allah's Apostle has come and we have no food to feed them." Um Sulaim said, "Allah and His Apostle know best." So Abu Talha went out (to receive them) till he met Allah's Apostle. Allah's Apostle came in company with Abu Talha and they entered the house. Allah's Apostle said, "O Um Sulaim! Bring whatever you have." So she brought that (barley) bread and Allah's Apostle ordered that bread to be broken into small pieces, and then Um Sulaim poured over it some butter from a leather butter container, and then Allah's Apostle said what Allah wanted him to say, (i.e. blessing the food). Allah's Apostle then said, "Admit ten men." Abu Talha admitted them and they ate to their fill and went out. He again said, "Admit ten men." He admitted them, and in this way all the people ate to their fill, and they were seventy or eighty men."

`Abdullah bin `Umar said, "Once Allah's Apostle was busy (at the time of the `Isha'), so the prayer was delayed so much so that we slept and woke up and slept and woke up again. The Prophet came out and said, 'None amongst the dwellers of the earth but you have been waiting for the prayer." Ibn `Umar did not find any harm in praying it earlier or in delaying it unless he was afraid that sleep might overwhelm him and he might miss the prayer, and sometimes he used to sleep before the `Isha' prayer. Ibn Juraij said, "I said to `Ata', 'I heard Ibn `Abbas saying: Once Allah's Apostle delayed the `Isha' prayer to such an extent that the people slept and got up and slept again and got up again. Then `Umar bin Al-Khattab I, stood up and reminded the Prophet I of the prayer.' `Ata' said, 'Ibn `Abbas said: The Prophet came out as if I was looking at him at this time, and water was trickling from his head and he was putting his hand on his head and then said, 'Hadn't I thought it hard for my followers, I would have ordered them to pray (`Isha' prayer) at this time.' I asked `Ata' for further information, how the Prophet had kept his hand on his head as he was told by Ibn `Abbas. `Ata' separated his fingers slightly and put their tips on the side of the head, brought the fingers downwards approximating them till the thumb touched the lobe of the ear at the side of the temple and the beard on the face. He neither slowed nor hurried in this action but he acted like that. The Prophet said: "Hadn't I thought it hard for my followers I would have ordered them to pray at this time."

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

I heard `Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta a to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property . So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle, said, "Hatib has told you the truth." `Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."

While we were with Allah's Apostle who was distributing (i.e. some property), there came Dhu-l- Khuwaisira, a man from the tribe of Bani Tamim and said, "O Allah's Apostle! Do Justice." The Prophet said, "Woe to you! Who could do justice if I did not? I would be a desperate loser if I did not do justice." `Umar said, "O Allah's Apostle! Allow me to chop his head off." The Prophet said, "Leave him, for he has companions who pray and fast in such a way that you will consider your fasting negligible in comparison to theirs. They recite Qur'an but it does not go beyond their throats (i.e. they do not act on it) and they will desert Islam as an arrow goes through a victim's body, so that the hunter, on looking at the arrow's blade, would see nothing on it; he would look at its Risaf and see nothing: he would look at its Na,di and see nothing, and he would look at its Qudhadh ( 1 ) and see nothing (neither meat nor blood), for the arrow has been too fast even for the blood and excretions to smear. The sign by which they will be recognized is that among them there will be a black man, one of whose arms will resemble a woman's breast or a lump of meat moving loosely. Those people will appear when there will be differences amongst the people." I testify that I heard this narration from Allah's Apostle and I testify that `Ali bin Abi Talib fought with such people, and I was in his company. He ordered that the man (described by the Prophet ) should be looked for. The man was brought and I looked at him and noticed that he looked exactly as the Prophet had described him.

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

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

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

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

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

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

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

Some people said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you crowd and squeeze each other on looking at the sun when it is not hidden by clouds?" They replied, "No, Allah's Apostle." He said, "Do you crowd and squeeze each other on looking at the moon when it is full and not hidden by clouds?" They replied, No, O Allah's Apostle!" He said, "So you will see Him (your Lord) on the Day of Resurrection similarly Allah will gather all the people and say, 'Whoever used to worship anything should follow that thing. 'So, he who used to worship the sun, will follow it, and he who used to worship the moon will follow it, and he who used to worship false deities will follow them; and then only this nation (i.e., Muslims) will remain, including their hypocrites. Allah will come to them in a shape other than they know and will say, 'I am your Lord.' They will say, 'We seek refuge with Allah from you. This is our place; (we will not follow you) till our Lord comes to us, and when our Lord comes to us, we will recognize Him. Then Allah will come to then in a shape they know and will say, "I am your Lord.' They will say, '(No doubt) You are our Lord,' and they will follow Him. Then a bridge will be laid over the (Hell) Fire." Allah's Apostle added, "I will be the first to cross it. And the invocation of the Apostles on that Day, will be 'Allahumma Sallim, Sallim (O Allah, save us, save us!),' and over that bridge there will be hooks Similar to the thorns of As Sa'dan (a thorny tree). Didn't you see the thorns of As-Sa'dan?" The companions said, "Yes, O Allah's Apostle." He added, "So the hooks over that bridge will be like the thorns of As-Sa-dan except that their greatness in size is only known to Allah. These hooks will snatch the people according to their deeds. Some people will be ruined because of their evil deeds, and some will be cut into pieces and fall down in Hell, but will be saved afterwards, when Allah has finished the judgments among His slaves, and intends to take out of the Fire whoever He wishes to take out from among those who used to testify that none had the right to be worshipped but Allah. We will order the angels to take them out and the angels will know them by the mark of the traces of prostration (on their foreheads) for Allah banned the f ire to consume the traces of prostration on the body of Adam's son. So they will take them out, and by then they would have burnt (as coal), and then water, called Ma'ul Hayat (water of life) will be poured on them, and they will spring out like a seed springs out on the bank of a rainwater stream, and there will remain one man who will be facing the (Hell) Fire and will say, 'O Lord! It's (Hell's) vapor has Poisoned and smoked me and its flame has burnt me; please turn my face away from the Fire.' He will keep on invoking Allah till Allah says, 'Perhaps, if I give you what you want), you will ask for another thing?' The man will say, 'No, by Your Power, I will not ask You for anything else.' Then Allah will turn his face away from the Fire. The man will say after that, 'O Lord, bring me near the gate of Paradise.' Allah will say (to him), 'Didn't you promise not to ask for anything else? Woe to you, O son of Adam ! How treacherous you are!' The man will keep on invoking Allah till Allah will say, 'But if I give you that, you may ask me for something else.' The man will say, 'No, by Your Power. I will not ask for anything else.' He will give Allah his covenant and promise not to ask for anything else after that. So Allah will bring him near to the gate of Paradise, and when he sees what is in it, he will remain silent as long as Allah will, and then he will say, 'O Lord! Let me enter Paradise.' Allah will say, 'Didn't you promise that you would not ask Me for anything other than that? Woe to you, O son of Adam ! How treacherous you are!' On that, the man will say, 'O Lord! Do not make me the most wretched of Your creation,' and will keep on invoking Allah till Allah will smile and when Allah will smile because of him, then He will allow him to enter Paradise, and when he will enter Paradise, he will be addressed, 'Wish from so-and-so.' He will wish till all his wishes will be fulfilled, then Allah will say, All this (i.e. what you have wished for) and as much again therewith are for you.' " Abu Huraira added: That man will be the last of the people of Paradise to enter (Paradise).

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

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

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

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

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

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

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

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

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

Hilal bin Umaiya accused his wife of committing illegal sexual intercourse with Sharik bin Sahma' and filed the case before the Prophet. The Prophet said (to Hilal), "Either you bring forth a proof (four witnesses) or you will receive the legal punishment (lashes) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw a man over his wife, would he go to seek after witnesses?" The Prophet kept on saying, "Either you bring forth the witnesses or you will receive the legal punishment (lashes) on your back." Hilal then said, "By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment." Then Gabriel came down and revealed to him:-- 'As for those who accuse their wives...' (24.6-9) The Prophet recited it till he reached: '... (her accuser) is telling the truth.' Then the Prophet left and sent for the woman, and Hilal went (and brought) her and then took the oaths (confirming the claim). The Prophet was saying, "Allah knows that one of you is a liar, so will any of you repent?" Then the woman got up and took the oaths and when she was going to take the fifth one, the people stopped her and said, "It (the fifth oath) will definitely bring Allah's curse on you (if you are guilty)." So she hesitated and recoiled (from taking the oath) so much that we thought that she would withdraw her denial. But then she said, "I will not dishonor my family all through these days," and carried on (the process of taking oaths). The Prophet then said, "Watch her; if she delivers a black-eyed child with big hips and fat shins then it is Sharik bin Sahma's child." Later she delivered a child of that description. So the Prophet said, "If the case was not settled by Allah's Law, I would punish her severely."

We were in the company of Abu Musa Al-Ash`ari and there were friendly relations between us and this tribe of Jarm. Abu Musa was presented with a dish containing chicken. Among the people there was sitting a red-faced man who did not come near the food. Abu Musa said (to him), "Come on (and eat), for I have seen Allah's Apostle eating of it (i.e. chicken)." He said, "I have seen it eating something (dirty) and since then I have disliked it, and have taken an oath that I shall not eat it ' Abu Musa said, "Come on, I will tell you (or narrate to you). Once I went to Allah s Apostle with a group of Al-Ash`ariyin, and met him while he was angry, distributing some camels of rak`at. We asked for mounts but he took an oath that he would not give us any mounts, and added, 'I have nothing to mount you on' In the meantime some camels of booty were brought to Allah's Apostle and he asked twice, 'Where are Al-Ash`ariyin?" So he gave us five white camels with big humps. We stayed for a short while (after we had covered a little distance), and then I said to my companions, "Allah's Apostle has forgotten his oath. By Allah, if we do not remind Allah's Apostle of his oath, we will never be successful." So we returned to the Prophet and said, "O Allah's Apostle! We asked you for mounts, but you took an oath that you would not give us any mounts; we think that you have forgotten your oath.' He said, 'It is Allah Who has given you mounts. By Allah, and Allah willing, if I take an oath and later find something else better than that. then I do what is better and expiate my oath.' "

During the last Hajj (Hajj-al-Wada`) of Allah's Apostle he performed `Umra and Hajj. He drove a Hadi along with him from Dhul-Hulaifa. Allah's Apostle started by assuming Ihram for `Umra and Hajj. And the people, too, performed the `Umra and Hajj along with the Prophet. Some of them brought the Hadi and drove it along with them, while the others did not. So, when the Prophet arrived at Mecca. he said to the people, "Whoever among you has driven the Hadi, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hadi with him, should perform Tawaf of the Ka`ba and the Tawaf between Safa and Marwa, then cut short his hair and finish his Ihram, and should later assume Ihram for Hajj; but he must offer a Hadi (sacrifice); and if anyone cannot afford a Hadi, he should fast for three days during the Hajj and seven days when he returns home. The Prophet performed Tawaf of the Ka`ba on his arrival (at Mecca); he touched the (Black Stone) corner first of all and then did Ramal (fast walking with moving of the shoulders) during the first three rounds round the Ka`ba, and during the last four rounds he walked. After finishing Tawaf of the Ka`ba, he offered a two rak`at prayer at Maqam Ibrahim, and after finishing the prayer he went to Safa and Marwa and performed seven rounds of Tawaf between them and did not do any deed forbidden because of Ihram, till he finished all the ceremonies of his Hajj and sacrificed his Hadi on the day of Nahr (10th day of Dhul-Hijja). He then hastened onwards (to Mecca) and performed Tawaf of the Ka`ba and then everything that was forbidden because of Ihram became permissible. Those who took and drove the Hadi with them did the same as Allah's Apostle did.

[Muslim].

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).

Abu Talha said to Um Sulaim, "I have heard the voice of Allah's Apostle which was feeble, and I think that he is hungry. Have you got something (to eat)?" She took out some loaves of barley bread, then took her face-covering sheet and wrapped the bread in part of it, and pushed it under my garment and turned the rest of it around my body and sent me to Allah's Apostle . I went with that, and found Allah's Apostle in the mosque with some people. I stood up near them, and Allah's Apostle asked me, "Have you been sent by Abu Talha?" I said, "Yes." He asked, "With some food (for us)?" I said, "Yes." Then Allah's Apostle said to all those who were with him, "Get up!" He set out (and all the people accompanied him) and I proceeded ahead of them till I came to Abu Talha. Abu Talha then said, "O Um Sulaim! Allah's Apostle has arrived along with the people, and we do not have food enough to feed them all." She said, "Allah and His Apostle know better." So Abu Talha went out till he met Allah's Apostle. Then Abu Talha and Allah's Apostle came and entered the house. Allah's Apostle said, "Um Sulaim ! Bring whatever you have." She brought that very bread. The Prophet ordered that it be crushed into small pieces, and Um Sulaim pressed a skin of butter on it. Then Allah's Apostle said whatever Allah wished him to say (to bless the food) and then added, "Admit ten (men)." So they were admitted, ate their fill and went out. The Prophet then said, "Admit ten (more)." They were admitted, ate their full, and went out. He then again said, "Admit ten more!" They were admitted, ate their fill, and went out. He admitted ten more, and so all those people ate their fill, and they were eighty men.

Allah's Apostle sent Abu Musa and Mu`adh bin Jabal to Yemen. He sent each of them to administer a province as Yemen consisted of two provinces. The Prophet said (to them), "Facilitate things for the people and do not make things difficult for them (Be kind and lenient (both of you) with the people, and do not be hard on them) and give the people good tidings and do not repulse them. So each of them went to carry on his job. So when any one of them toured his province and happened to come near (the border of the province of) his companion, he would visit him and greet him. Once Mu`adh toured that part of his state which was near (the border of the province of) his companion Abu Musa. Mu`adh came riding his mule till he reached Abu Musa and saw him sitting, and the people had gathered around him. Behold! There was a man tied with his hands behind his neck. Mu`adh said to Abu Musa, "O `Abdullah bin Qais! What is this?" Abu Musa replied. "This man has reverted to Heathenism after embracing Islam." Mu`adh said, "I will not dismount till he is killed." Abu Musa replied, "He has been brought for this purpose, so come down." Mu`adh said, "I will not dismount till he is killed." So Abu Musa ordered that he be killed, and he was killed. Then Mu`adh dismounted and said, "O `Abdullah (bin Qais)! How do you recite the Qur'an ?" Abu Musa said, "I recite the Qur'an regularly at intervals and piecemeal. How do you recite it O Mu`adh?" Mu`adh said, "I sleep in the first part of the night and then get up after having slept for the time devoted for my sleep and then recite as much as Allah has written for me. So I seek Allah's Reward for both my sleep as well as my prayer (at night).

My Companions sent me to Allah's Apostle to ask him for some animals to ride on as they were accompanying him in the army of Al-Usra, and that was the Ghazwa (Battle) of Tabuk, I said, "O Allah's Prophet! My companions have sent me to you to provide them with means of transportation." He said, "By Allah! I will not make you ride anything." It happened that when I reached him, he was in an angry mood, and I didn't notice it. So I returned in a sad mood because of the refusal the Prophet and for the fear that the Prophet might have become 'angry with me. So I returned to my companions and informed them of what the Prophet had said. Only a short while had passed when I heard Bilal calling, "O `Abdullah bin Qais!" I replied to his call. Bilal said, "Respond to Allah's Apostle who is calling you." When I went to him (i.e. the Prophet), he said, "Take these two camels tied together and also these two camels tied together,"' referring to six camels he had brought them from Sa`d at that time. The Prophet added, "Take them to your companions and say, 'Allah (or Allah's Apostle ) allows you to ride on these,' so ride on them." So I took those camels to them and said, "The Prophet allows you to ride on these (camels) but by Allah, I will not leave you till some of you proceed with me to somebody who heard the statement of Allah's Apostle. Do not think that I narrate to you a thing which Allah's Apostle has not said." They said to me, "We consider you truthful, and we will do what you like." The sub-narrator added: So Abu Musa proceeded along with some of them till they came to those who have heard the statement of Allah's Apostle wherein he denied them (some animals to ride on) and (his statement) whereby he gave them the same. So these people told them the same information as Abu Musa had told them.

`Abdullah bin Salam heard the news of the arrival of Allah's Apostle (at Medina) while he was on a farm collecting its fruits. So he came to the Prophet and said, "I will ask you about three things which nobody knows unless he be a prophet. Firstly, what is the first portent of the Hour? What is the first meal of the people of Paradise? And what makes a baby look like its father or mother?'. The Prophet said, "Just now Gabriel has informed me about that." `Abdullah said, "Gabriel?" The Prophet said, "Yes." `Abdullah said, "He, among the angels is the enemy of the Jews." On that the Prophet recited this Holy Verse:-- "Whoever is an enemy to Gabriel (let him die in his fury!) for he has brought it (i.e. Qur'an) down to your heart by Allah's permission." (2.97) Then he added, "As for the first portent of the Hour, it will be a fire that will collect the people from the East to West. And as for the first meal of the people of Paradise, it will be the caudite (i.e. extra) lobe of the fish liver. And if a man's discharge proceeded that of the woman, then the child resembles the father, and if the woman's discharge proceeded that of the man, then the child resembles the mother." On hearing that, `Abdullah said, "I testify that None has the right to be worshipped but Allah, and that you are the Apostle of Allah, O, Allah's Apostle; the Jews are liars, and if they should come to know that I have embraced Islam, they would accuse me of being a liar." In the meantime some Jews came (to the Prophet) and he asked them, "What is `Abdullah's status amongst you?" They replied, "He is the best amongst us, and he is our chief and the son of our chief." The Prophet said, "What would you think if `Abdullah bin Salam embraced Islam?" They replied, "May Allah protect him from this!" Then `Abdullah came out and said, "I testify that None has the right to be worshipped but Allah and that Muhammad is the Apostle of Allah." The Jews then said, "Abdullah is the worst of us and the son of the worst of us," and disparaged him. On that `Abdullah said, "O Allah's Apostle! This is what I was afraid of!"

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

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

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

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

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

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

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

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

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

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

It was narrated from al Miswar bin Makhramah and `Abdur-Rahman bin Abdul-Qari that they heard Umar bin al Khattab say: I passed by Hisham bin Hakeem bin Hizam when he was reciting Sooratal-Furqan during the lifetime of the Messenger of Allah (ﷺ). I listened to his recitation and he was reciting in a way different from the way in which the Messenger of Allah (ﷺ) had taught me to recite it. I was about to interrupt him whilst he was praying, but I waited until he said the tasleem, and when he had said the tasleem,... and he narrated a similar report.

[Muslim].

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

Allah's Apostle sent me, Abu Marthad and Az-Zubair, and all of us were riding horses, and said, "Go till you reach Raudat-Khakh where there is a pagan woman carrying a letter from Hatib bin Abi Balta' a to the pagans of Mecca." So we found her riding her camel at the place which Allah's Apostle had mentioned. We said (to her),"(Give us) the letter." She said, "I have no letter." Then we made her camel kneel down and we searched her, but we found no letter. Then we said, "Allah's Apostle had not told us a lie, certainly. Take out the letter, otherwise we will strip you naked." When she saw that we were determined, she put her hand below her waist belt, for she had tied her cloak round her waist, and she took out the letter, and we brought her to Allah's Apostle Then `Umar said, "O Allah's Apostle! (This Hatib) has betrayed Allah, His Apostle and the believers! Let me cut off his neck!" The Prophet asked Hatib, "What made you do this?" Hatib said, "By Allah, I did not intend to give up my belief in Allah and His Apostle but I wanted to have some influence among the (Mecca) people so that through it, Allah might protect my family and property. There is none of your companions but has some of his relatives there through whom Allah protects his family and property." The Prophet said, "He has spoken the truth; do no say to him but good." `Umar said, "He as betrayed Allah, His Apostle and the faithful believers. Let me cut off his neck!" The Prophet said, "Is he not one of the Badr warriors? May be Allah looked at the Badr warriors and said, 'Do whatever you like, as I have granted Paradise to you, or said, 'I have forgiven you."' On this, tears came out of `Umar's eyes, and he said, "Allah and His Apostle know better."

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

Allah's Apostle sent me along with AzZubair and Al-Miqdad and said, "Proceed till you reach a place called Raudat-Khakh where there is a lady travelling in a howda on a camel. She has a letter. Take the letter from her." So we set out, and our horses ran at full pace till we reached Raudat Khakh, and behold, we saw the lady and said (to her), "Take out the letter!" She said, "I have no letter with me." We said, "Either you take out the letter or we will strip you of your clothes." So she took the letter out of her hair braid. We brought the letter to the Prophet and behold, it was addressed by Hatib bin Abi Balta'a to some pagans at Mecca, informing them of some of the affairs of the Prophet. The Prophet said, "What is this, O Hatib?" Hatib replied, "Do not be hasty with me, O Allah's Apostle! I am an Ansari man and do not belong to them (Quraish infidels) while the emigrants who were with you had their relatives who used to protect their families and properties at Mecca. So, to compensate for not having blood relation with them.' I intended to do them some favor so that they might protect my relatives (at Mecca), and I did not do this out of disbelief or an inclination to desert my religion." The Prophet then said (to his companions), "He (Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop his head off?" The Apostle said, "He is one of those who witnessed (fought in) the Battle of Badr, and what do you know, perhaps Allah looked upon the people of Badr (Badr warriors) and said, 'Do what you want as I have forgiven you.' " (`Amr, a sub-narrator, said,: This Verse was revealed about him (Hatib): 'O you who believe! Take not My enemies and your enemies as friends or protectors.' (60.1) Narrated `Ali: Sufyan was asked whether (the Verse): 'Take not My enemies and your enemies...' was revealed in connection with Hatib. Sufyan replied, "This occurs only in the narration of the people. I memorized the Hadith from `Amr, not overlooking even a single letter thereof, and I do not know of anybody who remembered it by heart other than myself."

Allah's Apostle sent me, Az-Zubair bin Al-Awwam and Abu Marthad Al-Ghanawi, and all of us were horsemen, and he said, "Proceed till you reach Rawdat Khakh, where there is a woman from the pagans carrying a letter sent by Hatib bin Abi Balta'a to the pagans (of Mecca)." So we overtook her while she was proceeding on her camel at the same place as Allah's Apostle told us. We said (to her) "Where is the letter which is with you?" She said, "I have no letter with me." So we made her camel kneel down and searched her mount (baggage etc) but could not find anything. My two companions said, "We do not see any letter." I said, "I know that Allah's Apostle did not tell a lie. By Allah, if you (the lady) do not bring out the letter, I will strip you of your clothes' When she noticed that I was serious, she put her hand into the knot of her waist sheet, for she was tying a sheet round herself, and brought out the letter. So we proceeded to Allah's Apostle with the letter. The Prophet said (to Habib), "What made you o what you have done, O Hatib?" Hatib replied, "I have done nothing except that I believe in Allah and His Apostle, and I have not changed or altered (my religion). But I wanted to do the favor to the people (pagans of Mecca) through which Allah might protect my family and my property, as there is none among your companions but has someone in Mecca through whom Allah protects his property (against harm). The Prophet said, "Habib has told you the truth, so do not say to him (anything) but good." `Umar bin Al-Khattab said, "Verily he has betrayed Allah, His Apostle, and the believers! Allow me to chop his neck off!" The Prophet said, "O `Umar! What do you know; perhaps Allah looked upon the Badr warriors and said, 'Do whatever you like, for I have ordained that you will be in Paradise.'" On that `Umar wept and said, "Allah and His Apostle know best."

Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."

Allah's Apostle sent me, Az-Zubair and Al-Miqdad saying, "Proceed till you reach Rawdat Khakh where there is a lady carrying a letter, and take that (letter) from her." So we proceeded on our way with our horses galloping till we reached the Rawda, and there we found the lady and said to her, "Take out the letter." She said, "I have no letter." We said, "Take out the letter, or else we will take off your clothes." So she took it out of her braid, and we brought the letter to Allah's Apostle . The letter was addressed from Hatib, bin Abi Balta'a to some pagans of Mecca, telling them about what Allah's Apostle intended to do. Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Do not make a hasty decision about me. I was a person not belonging to Quraish but I was an ally to them from outside and had no blood relation with them, and all the Emigrants who were with you, have got their kinsmen (in Mecca) who can protect their families and properties. So I liked to do them a favor so that they might protect my relatives as I have no blood relation with them. I did not do this to renegade from my religion (i.e. Islam) nor did I do it to choose Heathenism after Islam." Allah's Apostle said to his companions." As regards him, he (i.e. Hatib) has told you the truth." `Umar said, "O Allah's Apostle! Allow me to chop off the head of this hypocrite!" The Prophet said, "He (i.e. Hatib) has witnessed the Badr battle (i.e. fought in it) and what could tell you, perhaps Allah looked at those who witnessed Badr and said, "O the people of Badr (i.e. Badr Muslim warriors), do what you like, for I have forgiven you. "Then Allah revealed the Sura:-- "O you who believe! Take not my enemies And your enemies as friends offering them (Your) love even though they have disbelieved in that Truth (i.e. Allah, Prophet Muhammad and this Qur'an) which has come to you ....(to the end of Verse)....(And whosoever of you (Muslims) does that, then indeed he has gone (far) astray (away) from the Straight Path." (60.1

The Prophet sent some cavalry towards Najd and they brought a man from the tribe of Banu Hanifa who was called Thumama bin Uthal. They fastened him to one of the pillars of the Mosque. The Prophet went to him and said, "What have you got, O Thumama?" He replied," I have got a good thought, O Muhammad! If you should kill me, you would kill a person who has already killed somebody, and if you should set me free, you would do a favor to one who is grateful, and if you want property, then ask me whatever wealth you want." He was left till the next day when the Prophet said to him, "What have you got, Thumama? He said, "What I told you, i.e. if you set me free, you would do a favor to one who is grateful." The Prophet left him till the day after, when he said, "What have you got, O Thumama?" He said, "I have got what I told you. "On that the Prophet said, "Release Thumama." So he (i.e. Thumama) went to a garden of date-palm trees near to the Mosque, took a bath and then entered the Mosque and said, "I testify that None has the right to be worshipped except Allah, and also testify that Muhammad is His Apostle! By Allah, O Muhammad! There was no face on the surface of the earth most disliked by me than yours, but now your face has become the most beloved face to me. By Allah, there was no religion most disliked by me than yours, but now it is the most beloved religion to me. By Allah, there was no town most disliked by me than your town, but now it is the most beloved town to me. Your cavalry arrested me (at the time) when I was intending to perform the `Umra. And now what do you think?" The Prophet gave him good tidings (congratulated him) and ordered him to perform the `Umra. So when he came to Mecca, someone said to him, "You have become a Sabian?" Thumama replied, "No! By Allah, I have embraced Islam with Muhammad, Apostle of Allah. No, by Allah! Not a single grain of wheat will come to you from Yamamah unless the Prophet gives his permission."

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

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

(two other narrations through Zahdam as above)

Malik related to me from Ibn Shihab that he had heard that in the time of the Messenger of Allah, may Allah bless him and grant him peace, women were becoming muslim in their own lands and they did not do hijra while their husbands were still kafirun although they themselves had become muslim. Among them was the daughter of al-Walid ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became muslim on the day of the conquest (of Makka), and her husband, Safwan ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr with the cloak of the Messenger of Allah, may Allah bless him and grant him peace, as a safe-conduct for Safwan ibn Umayya, and the Messenger of Allah, may Allah bless him and grant him peace, called him to Islam and asked for him to come to him and if he was pleased with the matter to accept it. If not he would have a respite for two months.

When Safwan came to the Messenger of Allah, may Allah bless him and grant him peace, with his cloak, he called out to him over the heads of the people, "Muhammad! Wahb ibn Umayr brought me your cloak and claimed that you had summoned me to come to you and if I was pleased with the matter, I should accept it and if not, you would give me a respite for two months. "The Messenger of Allah, may Allah bless him and grant him peace, said, "Come down, Abu Wahb." He said, "No, by Allah! I will not come down until you make it clear to me." The Messenger of Allah, may Allah bless him and grant him peace, said, "You have a respite of four months." The Messenger of Allah, may Allah bless him and grant him peace, went out toward Hawazin at Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms that he had. Safwan said, "Willingly or unwillingly?" He said, "Willingly." Therefore he lent him the equipment and arms which he had. Then Safwan went out with the Messenger of Allah, may Allah bless him and grant him peace, while he was still a kafir. He was present at the battles of Hunayn and at-Ta'if while he was still a kafir and his wife was a muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan and his wife until he had become muslim, and his wife was settled with him by that marriage.

The companions of Suffa were poor people. The Prophet once said, "Whoever has food enough for two persons, should take a third one (from among them), and whoever has food enough for four persons, should take a fifth or a sixth (or said something similar)." Abu Bakr brought three persons while the Prophet took ten. And Abu Bakr with his three family member (who were I, my father and my mother) (the sub-narrator is in doubt whether `Abdur-Rahman said, "My wife and my servant who was common for both my house and Abu Bakr's house.") Abu Bakr took his supper with the Prophet and stayed there till he offered the `Isha' prayers. He returned and stayed till Allah's Apostle took his supper. After a part of the night had passed, he returned to his house. His wife said to him, "What has detained you from your guests?" He said, "Have you served supper to them?" She said, "They refused to take supper until you come. They (i.e. some members of the household) presented the meal to them but they refused (to eat)" I went to hide myself and he said, "O Ghunthar!" He invoked Allah to cause my ears to be cut and he rebuked me. He then said (to them): Please eat!" and added, I will never eat the meal." By Allah, whenever we took a handful of the meal, the meal grew from underneath more than that handful till everybody ate to his satisfaction; yet the remaining food was more than the original meal. Abu Bakr saw that the food was as much or more than the original amount. He called his wife, "O sister of Bani Firas!" She said, "O pleasure of my eyes. The food has been tripled in quantity." Abu Bakr then started eating thereof and said, "It (i.e. my oath not to eat) was because of Sa all." He took a handful from it, and carried the rest to the Prophet. So that food was with the Prophet . There was a treaty between us and some people, and when the period of that treaty had elapsed, he divided US into twelve groups, each being headed by a man. Allah knows how many men were under the command of each leader. Anyhow, the Prophet surely sent a leader with each group. Then all of them ate of that meal.

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."