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

`Utba bin Abi Waqqas authorized his brother Sa`d to take the son of the slave-girl of Zam`a into his custody. `Utba said (to him). "He is my son." When Allah's Apostle arrived in Mecca during the Conquest (of Mecca), Sa`d bin Abi Waqqas took the son of the slave-girl of Zam`a and took him to the Prophet `Abd bin Zam`a too came along with him. Sa`d said. "This is the son of my brother and the latter has informed me that he is his son." `Abd bin Zam`a said, "O Allah's Apostle! This is my brother who is the son of the slave-girl of Zam`a and was born on his (i.e. Zam'as) bed.' Allah's Apostle looked at the son of the slave-girl of Zam`a and noticed that he, of all the people had the greatest resemblance to `Utba bin Abi Waqqas. Allah's Apostle then said (to `Abd), " He is yours; he is your brother, O `Abd bin Zam`a, he was born on the bed (of your father)." (At the same time) Allah's Apostle said (to his wife Sauda), "Veil yourself before him (i.e. the son of the slave-girl) O Sauda," because of the resemblance he noticed between him and `Utba bin Abi Waqqas. Allah's Apostle added, "The boy is for the bed (i.e. for the owner of the bed where he was born), and stone is for the adulterer." (Ibn Shihab said, "Abu Huraira used to say that (i.e. the last statement of the Prophet in the above Hadith 596, publicly.")

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

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

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

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

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

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of ...

When the people encamped, (the narrator Amr ibn Uthman al-Himsi) said: When the Messenger of Allah (saws) encamped, the people scattered in the glens and wadis. The Messenger of Allah (saws) said: Your scattering in these glens and wadis is only of the devil. They afterwards kept close together when they encamped to such an extent that it used to be said that if a cloth were spread over them, it would cover them all.

We were at Mirbad. A man with dishevelled hair and holding a piece of red skin in his hand came.

We said: You appear to be a bedouin. He said: Yes. We said: Give us this piece of skin in your hand. He then gave it to us and we read it. It contained the text: "From Muhammad, Messenger of Allah (saws), to Banu Zuhayr ibn Uqaysh. If you bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah, offer prayer, pay zakat, pay the fifth from the booty, and the portion of the Prophet (saws) and his special portion (safi), you will be under by the protection of Allah and His Apostle."

We then asked: Who wrote this document for you? He replied: The Messenger of Allah (saws).

The Prophet said (on the day of Idal-Adha), "The first thing we will do on this day of ours, is to offer the (`Id) prayer and then return to slaughter the sacrifice. Whoever does so, he acted according to our Sunna (tradition), and whoever slaughtered (the sacrifice) before the prayer, what he offered was just meat he presented to his family, and that will not be considered as Nusak (sacrifice)." (On hearing that) Abu Burda bin Niyar got up, for he had slaughtered the sacrifice before the prayer, and said, "I have got a six month old ram." The Prophet said, 'Slaughter it (as a sacrifice) but it will not be sufficient for any-one else (as a sacrifice after you). Al-Bara' added: The Prophet said, "Whoever slaughtered (the sacrifice) after the prayer, he slaughtered it at the right time and followed the tradition of the Muslims."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn Zayd adDili both informed him that the Messenger of Allah, may Allah bless him and grant him peace, (and one of them gave more detail than the other),saw a man standing in the sun. The Messenger asked, "What's wrong with him?" The people said, "He has vowed not to speak or to seek shade from the sun or to sit and to fast." The Messenger of Allah, may Allah bless him and grant him peace, said, "Go and tell him to speak, seek shade, and sit, but let him complete his fast."

Malik said, "I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ordered the man in question to do any kaffara. The Messenger of Allah, may Allah bless him and grant him peace, only ordered him to complete that in which there was obedience to Allah and to abandon that in which there was disobedience to Allah."

Allah's Apostle said, "A woman called her son while he was in his hermitage and said, 'O Juraij' He said, 'O Allah, my mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij!' He said again, 'O Allah ! My mother (is calling me) and (I am offering) my prayer (what shall I do)?' She again said, 'O Juraij' He again said, 'O Allah! My mother (is calling me) and (I am offering) my prayer. (What shall I do?)' She said, 'O Allah! Do not let Juraij die till he sees the faces of prostitutes.' A shepherdess used to come by his hermitage for grazing her sheep and she gave birth to a child. She was asked whose child that was, and she replied that it was from Juraij and that he had come out from his hermitage. Juraij said, 'Where is that woman who claims that her child is from me?' (When she was brought to him along with the child), Juraij asked the child, 'O Babus, who is your father?' The child replied, 'The shepherd.' " (See Hadith No 662. Vol 3).

A man came to the Prophet and said, "I had sexual intercourse with my wife on Ramadan (while fasting)." The Prophet asked him, "Can you afford to manumit a slave?" He replied in the negative. The Prophet asked him, "Can you fast for two successive months?" He replied in the negative. He asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. (Abu Huraira added): Then a basket full of dates was brought to the Prophet and he said (to that man), "Feed (poor people) with this by way of atonement." He said, "(Should I feed it) to poorer people than we? There is no poorer house than ours between its (Medina's) mountains." The Prophet said, "Then feed your family with it."

"The Prophet (saws) was asked about eating a mastigure and he said: 'I do not eat it, and I do not prohibit eating it.'"

[He said:] There are narrations on this topic from 'Umar, Abu Sa'eed, Ibn 'Abbas, Thabit bin Wadi'ah, Jabir, and 'Abdur-Rahman bin Hasanah.

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

The People of knowledge have differed over eating mastigure. Some of the people of knowledge among the Companions of the Prophet (saws) and others permitted it, while others considered it disliked. It has been related that Ibn 'Abbas said: "Mastigure was eaten on the dining spread of the Messenger of Allah (saws), and the Messenger of Allah (saws) only avoided it because it was distasteful to him."

"I asked the Messenger of Allah (saws) about eating badger. He said: 'Does anyone eat badger?' So I asked him about eating wolf' He said: 'Does anyone who has any good in him eat wolf?'"

[Abu 'Eisa said:] The chain for this Hadith is not strong. We do not know of it except as a narration of Isma'il bin Muslim from 'Abdul-Karim Abi Umayyah. Some of the people of Hadith have criticized Isma'il and 'Abdul Karim Abi Umayyah. And he is 'Abdul-Karim bin Qais, who is Ibn Abi Al-Mukhariq. While 'Abdul-Karim bin Malik Al-Jazari is trustworthy.

That he said: "O Messenger of Allah! We live in a land of the People of Book and we cook in their containers, and drink in their vessels." The Messenger of Allah (saws) said: "If you do not find other than them, then rinse them with water."

The he said: "O Messenger of Allah! We live in a land of game, so what should we do ?" He said: "When you send your trained dog, and you mentioned the Name of Allah, and he kills it, then eat it. And when you shoot it with your bow, and it is killed, then eat it.'"

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

"The Messenger of Allah (saws) had a disbeliever as a guest. So the Messenger of Allah (saws) ordered that a sheep be milked so he could drink. Then another was milked so he could drink, then another, so he drank until he had drank the milk of seven sheep. The he awoke the next morning and accepted Islam. The Messenger of Allah (saws) ordered that a sheep be milked so he could drink its milk, then he ordered for another but he could not finish it. So the Messenger of Allah (saws) said: 'The believer drinks with one intestine and the disbeliever drinks with seven.'"

[Abu 'Eisa said:] This Hadith is Sahih Hasan Gharib as a narration of Suhail.

When the Messenger of Allah (saws) finished a prayer in which he had recited (the Qur'an) loudly, he asked: Did any of you recite along with me just now? A man replied: Yes, Messenger of Allah. He said: I am wondering what is the matter with me that I have been contended with reciting the Qur'an. He said: When the people heard that from the Messenger of Allah (saws) they ceased reciting (the Qur'an) along with him at the prayers in which he recited aloud.

Abu Dawud said: This tradition reported by Ibn Ukaimah has also been narrated by Ma'mar, Yunus, and Usamah b. Zaid on the authority of al-Zuhri similar to the tradition of Malik.

From Abu Salamah, from Jabir bin Abdullah about the statement of Allah, most High: Allah was pleased with the believers when they gave the pledge to you under the tree (48:18). that Jabir said: "We pledged to the Messenger of Allah (saws) that we would not flee, and we did not pledge to him for death."

[He said:] There are narration on this topic from Salamah bin Al-Akwa', Ibn 'Umar, 'Ubadah, and Jarir bin 'Abdullah.

[Abu 'Eisa said:] This Hadith is been reported from 'Eisa bin Yunus, from Al-Awza'i, from Yahya bin Abi Kathir who said: "Jabir bin 'Abdullah said" and he did not mention Abu Salamah on it.

That the Prophet (saws) said: "Use Ithmid for Kohl, for it clears the vision and grows the hair (eye-lashes)." And he claimed that the Prophet (saws) had a Kohl holder with which he would apply Kohl every night, three in this (eye) and three in this.

Another chain with similar meaning.

He said: There are narrations on this topic from Jabir and Ibn 'Umar

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Gharib Hadith, we do not know of it with this wording except from the narration of 'Abbas bin Mansur.

The Prophet said, "Whoever takes a false oath to deprive somebody of his property will meet Allah while He will be angry with him." Allah revealed: 'Verily those who purchase a little gain at the cost of Allah's covenant, and their oaths.' ........(3.77) Al-Ashath came (to the place where `Abdullah was narrating) and said, "What has Abu `Abdur- Rahman (i.e. `Abdullah) been telling you? This verse was revealed concerning me. I had a well in the land of a cousin of mine. The Prophet asked me to bring witnesses (to confirm my claim). I said, 'I don't have witnesses.' He said, 'Let the defendant take an oath then.' I said, 'O Allah's Apostle! He will take a (false) oath immediately.' Then the Prophet mentioned the above narration and Allah revealed the verse to confirm what he had said." (See Hadith No. 692)

Allah's Apostle said, "While a man was walking he felt thirsty and went down a well and drank water from it. On coming out of it, he saw a dog panting and eating mud because of excessive thirst. The man said, 'This (dog) is suffering from the same problem as that of mine. So he (went down the well), filled his shoe with water, caught hold of it with his teeth and climbed up and watered the dog. Allah thanked him for his (good) deed and forgave him." The people asked, "O Allah's Apostle! Is there a reward for us in serving (the) animals?" He replied, "Yes, there is a reward for serving any animate."

`Umar saw a silken cloak over a man for sale and requested the Prophet to buy it in order to wear it on Fridays and while meeting delegates. The Prophet said, "This is worn by the one who will have no share in the Hereafter." Later on Allah's Apostle got some silken cloaks similar to that one, and he sent one to `Umar. `Umar said to the Prophet "How can I wear it, while you said about it what you said?" The Prophet said, "I have not given it to you to wear, but to sell or to give to someone else." So, `Umar sent it to his brother at Mecca before he embraced Islam.

`Ali happened to stay behind the Prophet and (did not join him) during the battle of Khaibar for he was having eye trouble. Then he said, "How could I remain behind Allah's Apostle?" So `Ali set out following the Prophet , When it was the eve of the day in the morning of which Allah helped (the Muslims) to conquer it, Allah's Apostle said, "I will give the flag (to a man), or tomorrow a man whom Allah and His Apostle love will take the flag," or said, "A man who loves Allah and His Apostle; and Allah will grant victory under his leadership." Suddenly came `Ali whom we did not expect. The people said, "This is `Ali." Allah's Apostle gave him the flag and Allah granted victory under his leadership.

Abu ‘Ali said : I have been told that Abu ‘Ubaid said : It means that his heart is full of poetry so much so that it makes him neglectful of the Quran and remembrance of Allah. If the Quran and the knowledge (of religion) are dominant, the belly will not be full of poetry in our opinion. Some eloquent speech is magic. It means that a man expresses his eloquence by praising another man, and he speaks the truth about him so much so that he attracts the hearts to his speech. He then condemns him and speaks the truth about him so much so that he attracts the hearts to another of his speech, as if he spelled the audience by it.

Abu Dawud said: It has also been narrated by Abu al-Walid al-Tayalisi, but I did not hear him. He reported it from 'Aishah through a different chain of narrators. 'Aishah said: Zainab daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) said to her: Take bath for every prayer. The narrator then reported the tradition (in full).

Abu Dawud said: The version transmitted by 'Abd al-Samad from Sulaiman b. Kathir has: "Perform ablution for every prayer." This is a misunderstanding on the part of 'Abd al-Samad. The correct version is the one narrated by Abu al-Walid.

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

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

That he heard Tawus narrating from Ibn 'Umar and Ibn 'Abbas, and they both narrated this Hadith from the Prophet (saws). (A Hadith similar to no. 1298).

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas (ra), is a Hasan Sahih Hadith. This Hadith is acted upon according to soe of the people of knowledge among the Companions of the Prophet (saws). They said whoever gives a gift to a closely related relative, then he is not to take back his gift. And whoever gives a gift to someone other then a close relative, then he may take it back as long as it has not been reciprocated. This is the view of Ath-Thawri. Ash-Shafi'i said: "It is not lawful for any that has given a gift to take it back except for what the father gave to his son." Ash-Shafi'i argued with the Hadith of 'Abdullah bin 'Umar from the Prophet (saws): "It is not lawful for anyone that has given a gift to take it back, except for a father who give something to his son."

`Umar bin Al-Khattab said, "O Allah's Apostle! I vowed to observe I`tikaf for one day during the Prelslamic period." The Prophet ordered him to fulfill his vow. `Umar gained two lady captives from the war prisoners of Hunain and he left them in some of the houses at Mecca. When Allah's Apostle freed the captives of Hunain without ransom, they came out walking in the streets. `Umar said (to his son), "O `Abdullah! See what is the matter." `Abdullah replied, "Allah's Apostle has freed the captives without ransom." He said (to him), "Go and set free those two slave girls." (Nafi` added:) Allah's Apostle did not perform the `Umra from Al-Jarana, and if he had performed the `Umra, it would not have been hidden from `Abdullah.

The night which the Messenger of Allah (saws) passed with me was the one that followed the day of sacrifice. He came to me and Wahb ibn Zam'ah also visited me. A man belonging to the lineage of AbuUmayyah accompanied him. Both of them were wearing shirts.

The Messenger of Allah (saws) said to Wahb: Did you perform the obligatory circumambulation (Tawaf az-Ziyarah), AbuAbdullah?

He said: No, by Allah Messenger of Allah.

He (the Prophet) said: Take off your shirt. He then took it off over his head, and his companion too took his shirt off over his head.

He then asked: And why (this), Messenger of Allah? He replied: On this day you have been allowed to take off ihram when you have thrown the stones at the jamrahs, that is, everything prohibited during the state of ihram is lawful except intercourse with a woman. If the evening comes before you go round this House (the Ka'bah) you will remain in the sacred state (i.e. ihram), just like the state in which you were before you threw stones at the jamrahs, until you perform the circumambulation of it (i.e. the Ka'bah).

Abu Dawud said: The name of Abu Jamrah is Nasr bin 'Imran al-Duba'i.

"A sheep died so the Messenger of Allah (saws) said to its owners: 'Why dont you remove its skin, then tan it so you can have something useful from it."

[Abu 'Eisa said:] There are narrations on this topic from Salamah bin Al-Muhabbaq, Maimunah, and 'Aishah. The Hadith of Ibn 'Abbas is Hasan Sahih. Similar to this has been reported through other routes from Ibn 'Abbas from the Prophet (saws). And it has been related from Ibn 'Abbas from Maimunah, from the Prophet (saws), and, it has been related from him from Sawdah. I heard Muhammad saying the Hadith of Ibn 'Abbas from Maimunah from the Prophet (saws) were correct. And he said: "It implies that it was reported from Ibn 'Abbas from Maimunah from the Prophet (saws), and that Ibn 'Abbas reported it from the Prophet (saws), and he did not mention Maimunah in it."

[Abu 'Eisa said:] This is acted upon according to most of the people of knowledge, and it is the view of Sufyan At-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq.

Abu Dawud said: This tradition has been narrated by Ibn al-Mubarak from Fulaih who heard ‘Abbas . Sahl narrating it; but I do not remember it. I think he made the mention of ‘Isa b. ‘Abd Allah who heard ‘Abbas b. Sahl saying: I accompanied Abu Humaid al-Sa’idi.

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

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

Allah's Apostle sent some men from the Ansar to ((kill) Abu Rafi`, the Jew, and appointed `Abdullah bin Atik as their leader. Abu Rafi` used to hurt Allah's Apostle and help his enemies against him. He lived in his castle in the land of Hijaz. When those men approached (the castle) after the sun had set and the people had brought back their livestock to their homes. `Abdullah (bin Atik) said to his companions, "Sit down at your places. I am going, and I will try to play a trick on the gate-keeper so that I may enter (the castle)." So `Abdullah proceeded towards the castle, and when he approached the gate, he covered himself with his clothes, pretending to answer the call of nature. The people had gone in, and the gate-keeper (considered `Abdullah as one of the castle's servants) addressing him saying, "O Allah's Servant! Enter if you wish, for I want to close the gate." `Abdullah added in his story, "So I went in (the castle) and hid myself. When the people got inside, the gate-keeper closed the gate and hung the keys on a fixed wooden peg. I got up and took the keys and opened the gate. Some people were staying late at night with Abu Rafi` for a pleasant night chat in a room of his. When his companions of nightly entertainment went away, I ascended to him, and whenever I opened a door, I closed it from inside. I said to myself, 'Should these people discover my presence, they will not be able to catch me till I have killed him.' So I reached him and found him sleeping in a dark house amidst his family, I could not recognize his location in the house. So I shouted, 'O Abu Rafi`!' Abu Rafi` said, 'Who is it?' I proceeded towards the source of the voice and hit him with the sword, and because of my perplexity, I could not kill him. He cried loudly, and I came out of the house and waited for a while, and then went to him again and said, 'What is this voice, O Abu Rafi`?' He said, 'Woe to your mother! A man in my house has hit me with a sword! I again hit him severely but I did not kill him. Then I drove the point of the sword into his belly (and pressed it through) till it touched his back, and I realized that I have killed him. I then opened the doors one by one till I reached the staircase, and thinking that I had reached the ground, I stepped out and fell down and got my leg broken in a moonlit night. I tied my leg with a turban and proceeded on till I sat at the gate, and said, 'I will not go out tonight ...

Abu Dawud said: Ibn Dawud has narrated the first part of this tradition as a statement (of the Prophet), and denied that there was any mention of performing ablution for every prayer. The weakness of the tradition reported by Habib is also indicated by the fact that the version transmuted by al-Zuhri from 'Urwah on the authority of 'Aishah says that she used to wash herself for every prayer; (these words occur) in the tradition about the woman who has a flow of blood. This tradition has been reported by Abu al-Yaqzan from 'Adi b. Thabit from his father from 'Ali, and narrated by 'Ammar, the freed salve of Banu Hashim, from Ibn 'Abbas, and transmitted by 'Abd al-Malik b. Maisarah, Bayan, al-Mughirah, Firas, on the authority of al-Sha'bi, from Qumair from 'Aishah, stating: You should perform ablution for every prayer. The version transmitted by Dawud, and 'Asim from al-Sha'bi from Qumair from 'Aishah has the words: She should take bath only once every day. The version reported by Hisham b. 'Urwah from his father has the words: The woman having a flow of blood should perform ablution for every prayer. All these traditions are weak except the tradition reported by Qumair and the tradition reported by 'Ammar, the freed slave of Banu Hashim, and the tradition narrated by Hisham b. 'Urwah on the authority of his father. What is commonly known from Ibn 'Abbas is bathing (for every prayer).

The Messenger of Allah (saws) said to me: May I not teach you phrases which you utter in distress? (These are:) "Allah , Allah is my Lord, I do not associate anything as partner with Him."

Abu Dawud said: The narrator Hilal is a client of 'Umar b. 'Abd al-Aziz. The name of Ja'far, a narrator, is 'Abd Allah b. Ja'far.

Utbah heard the Messenger of Allah (saws) say: Do not cut the forelocks, manes, or tails of horse, for their tails are their means of driving flies, their manes provide them with warmth, and blessing is tide to their forelocks.

I was a boy. I used to throw stones at the palm-trees of the Ansar. So I was brought to the Prophet (saws) who said: O boy, why do you throw stones at the palm-trees? I said: eat (dates). He said: Do not throw stones at the palm trees, but eat what falls beneath them. He then wiped his head and said: O Allah, fill his belly.

The Prophet (saws) said: It is enough falsehood for a man to relate everything he hears.

Abu Dawud said: Hafs did not mention Abu Hurairah (in his version).

Abu Dawud said: No other transmitter except this old man, that is, 'Ali b. Hafs al-Mada'ini related the perfect chain of this tradition.