[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.

[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.

He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"

[Abu 'Eisa said:] Meaning: "approving of this Hadith."

When the Prophet (saws) alighted at Marr az-Zahran, al-Abbas said: I thought, I swear by Allah, if the Messenger of Allah (saws) enters Mecca with the army by force before the Quraysh come to him and seek protection from him, it will be their total ruin. So I rode on the mule of the Messenger of Allah (saws) and thought, Perhaps I may find a man coming for his needs who will to the people of Mecca and inform them of the position of the Messenger of Allah (saws), so that they may come to him and seek protection from him. While I was on my way, I heard AbuSufyan and Budayl ibn Warqa' speaking.

I said: O AbuHanzalah! He recognized my voice and said: AbulFadl? I replied: Yes. He said: who is with you, may my parents be a sacrifice for you? I said: Here are the Messenger of Allah (saws) and his people (with him).

He asked: Which is the way out? He said: He rode behind me, and his companion returned. When the morning came, I brought him to the Messenger of Allah (saws) and he embraced Islam.

I said: Messenger of Allah, AbuSufyan is a man who likes this pride, do something for him. He said: Yes, he who enters the house of AbuSufyan is safe; he who closes the door upon him is safe; and he who enters the mosque is safe. The people scattered to their houses and in the mosque.

A similar tradition (to No. 5061) has been transmitted by Muslim ibn al-Harith ibn Muslim at-Tamimi on the authority of his father from the Prophet (saws) through a different chain of narrators, up to "protection from it".

But this version says: "before speaking to anyone". In this version Ali ibn Sahl said that his father told him.

Ali and Ibn al-Musaffa said: The Messenger of Allah (saws) sent us on an expedition. When we reached the place of attack, I galloped my horse and outstripped my companions, and the people of that locality received me with a great noise.

I said to them: Say "There is no god but Allah," and you will be protected. They said this.

My companions blamed me, saying: You deprived us of the booty. When we came to the Messenger of Allah (saws), they told him what I had done.

So he called me, appreciating what I had done, and said: Allah has recorded for you so and so (a reward) for every man of them.

AbdurRahman said: I forgot the reward. The Messenger of Allah (saws) then said: I shall write a will for you after me. He did this and stamped it, and gave it to me, saying....He then mentioned the rest of the tradition to the same effect. Ibn al-Musaffa said: I heard al-Harith ibn Muslim ibn al-Harith at-Tamimi transmitting it from his father.

Abu Dawud said: Malik, al-Zubaidi and others have narrated so that they form the last words from al-Zuhri on the authority of ‘Ali b, Husain. And this is supported by the version reported by ‘Abd al-A’la from Ma’mar and SHu’aib b. Abi Hamzah on the authority of Al-Zuhri.

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

Allah's Apostle said, "While three persons were traveling, they were overtaken by rain and they took shelter in a cave in a mountain. A big rock fell from the mountain over the mouth of the cave and blocked it. They said to each other. 'Think of such good (righteous) deeds which, you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that Allah may relieve you from your difficulty. one of them said, 'O Allah! I had my parents who were very old and I had small children for whose sake I used to work as a shepherd. When I returned to them at night and milked (the sheep), I used to start giving the milk to my parents first before giving to my children. And one day I went far away in search of a grazing place (for my sheep), and didn't return home till late at night and found that my parents had slept. I milked (my livestock) as usual and brought the milk vessel and stood at their heads, and I disliked to wake them up from their sleep, and I also disliked to give the milk to my children before my parents though my children were crying (from hunger) at my feet. So this state of mine and theirs continued till the day dawned. (O Allah!) If you considered that I had done that only for seeking Your pleasure, then please let there be an opening through which we can see the sky.' So Allah made for them an opening through which they could see the sky. Then the second person said, 'O Allah! I had a she-cousin whom I loved as much as a passionate man love a woman. I tried to seduce her but she refused till I paid her one-hundred Dinars So I worked hard till I collected one hundred Dinars and went to her with that But when I sat in between her legs (to have sexual intercourse with her), she said, 'O Allah's slave! Be afraid of Allah ! Do not deflower me except legally (by marriage contract). So I left her O Allah! If you considered that I had done that only for seeking Your pleasure then please let the rock move a little to have a (wider) opening.' So Allah shifted that rock to make the opening wider for them. And the last (third) person said 'O Allah ! I employed a laborer for wages equal to a Faraq (a certain measure: of rice, and when he had finished his job he demanded his wages, but when I presented his due to him, he gave it up and refused to take it. Then I kept on sowing that rice for him (several times) till managed to buy with the price of the yield, some cows and their shepherd Later on the laborer came to me an said. '(O Allah's slave!) Be afraid o Allah, and do not be unjust to me an give me my due.' I said (to him). 'Go and take those cows and their shepherd. So he took them and went away. (So, O Allah!) If You considered that I had done that for seeking Your pleasure, then please remove the remaining part of the rock.' And so Allah released them (from their difficulty).

I went to Abu Wail to ask him (about those who had rebelled against `Ali). On that Abu Wail said, "We were at Siffin (a city on the bank of the Euphrates, the place where me battle took place between `Ali and Muawiya) A man said, "Will you be on the side of those who are called to consult Allah's Book (to settle the dispute)?" `Ali said, 'Yes (I agree that we should settle the matter in the light of the Qur'an)." ' Some people objected to `Ali's agreement and wanted to fight. On that Sahl bin Hunaif said, 'Blame yourselves! I remember how, on the day of Al-Hudaibiya (i.e. the peace treaty between the Prophet and the Quraish pagans), if we had been allowed to choose fighting, we would have fought (the pagans). At that time `Umar came (to the Prophet) and said, "Aren't we on the right (path) and they (pagans) in the wrong? Won't our killed persons go to Paradise, and theirs in the Fire?" The Prophet replied, "Yes." `Umar further said, "Then why should we let our religion be degraded and return before Allah has settled the matter between us?" The Prophet said, "O the son of Al-Khattab! No doubt, I am Allah's Apostle and Allah will never neglect me." So `Umar left the place angrily and he was so impatient that he went to Abu Bakr and said, "O Abu Bakr! Aren't we on the right (path) and they (pagans) on the wrong?" Abu Bakr said, "O the son of Al-Khattab! He is Allah's Apostle, and Allah will never neglect him." Then Sura Al-Fath (The Victory) was revealed."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Abu't-Tufayl Amir ibn Wathila that Muadh ibn Jabal told him that they went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Tabuk, and the Messenger of Allah, may Allah bless him and grant him peace, joined dhuhr with asr and maghrib with isha. Muadh said, "One day he delayed the prayer, and then came out and prayed dhuhr and asr together. Then he said, 'Tomorrow you will come, insha' llah, to the spring of Tabuk. But you will not get there until well into the morning. No one who arrives should touch any of its water until I come.' We came to it and two men had got to it before us and the spring was dripping with a little water. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'Have you touched any of its water?' They said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, reviled them and said what Allah wished him to say. Then they took water with their hands from the spring little by little until it had been collected in something. Then the Messenger of Allah, may Allah bless him and grant him peace, washed his face and hands in it. Then he put it back into the spring and the spring flowed with an abundance of water and the people drew water from it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you live long enough, Muadh, you will soon see this place filled with gardens.' "

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

Sahl bin Abi Hathma and some great men of his tribe said, `Abdullah bin 'Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that `Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By Allah, you have killed my companion." The Jews said, "By Allah, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and `Abdur-Rahman bin Sahl came (to the Prophet) and he who had been at Khaibar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. Allah's Apostle said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that Allah's Apostle wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah's Apostle said to Huwaiyisa, Muhaiyisa and `Abdur-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So Allah's Apostle gave them one-hundred she-camels as blood money from himself. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg.

We set out assuming the Ihram for Hajj in the months of Hajj towards the sacred precincts of Hajj. We dismounted at Sarif and the Prophet said to his companions, "Whoever has not got the Hadi with him and likes to make it as `Umra, he should do it, but he who has got the Hadi with him should not do it." The Prophet and some of his wealthy companions had the Hadi with them, so they did not finish Ihram after performing the `Umra. The Prophet came to me while I was weeping. He asked me the reason for it. I replied, "I have heard of what you have said to your companions and I cannot do the `Umra." He asked me, "What is the matter with you?" I replied, "I am not praying." He said, "There is no harm in it as you are one of the daughters of Adam and the same is written for you as for others. So, you should perform Hajj and I hope that Allah will enable you to perform the `Umra as well." So, I carried on till we departed from Mina and halted at Al-Mahassab. The Prophet called `Abdur- Rahman and said, "Go out of the sanctuary with your sister and let her assume Ihram for `Umra, and after both of you have finished the Tawaf I will be waiting for you at this place." We came back at midnight and the Prophet asked us, "Have you finished?" I replied in the affirmative. He announced the departure and the people set out for the journey and some of them had performed the Tawaf of the Ka`ba before the morning prayer, and after that the Prophet set out for Medina.

That when they reached Medina after returning from Yazid bin Mu'awaiya after the martyrdom of Husain bin `Ali (may Allah bestow His Mercy upon him), Al-Miswar bin Makhrama met him and said to him, "Do you have any need you may order me to satisfy?" `Ali said, "No." Al-Miswar said, Will you give me the sword of Allah's Apostle for I am afraid that people may take it from you by force? By Allah, if you give it to me, they will never be able to take it till I die." When `Ali bin Abu Talib demanded the hand of the daughter of Abi Jahal to be his wife besides Fatima, I heard Allah's Apostle on his pulpit delivering a sermon in this connection before the people, and I had then attained my age of puberty. Allah's Apostle said, "Fatima is from me, and I am afraid she will be subjected to trials in her religion (because of jealousy)." The Prophet then mentioned one of his son-in-law who was from the tribe of 'Abu Shams, and he praised him as a good son-in-law, saying, "Whatever he said was the truth, and he promised me and fulfilled his promise. I do not make a legal thing illegal, nor do I make an illegal thing legal, but by Allah, the daughter of Allah's Apostle and the daughter of the enemy of Allah, (i.e. Abu Jahl) can never get together (as the wives of one man) (See Hadith No. 76, Vo. 5).

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

Yahya related to me that Malik asked Ibn Shihab about selling animals, two for one with delayed terms. He said, "There is no harm in it."

Malik said, "The generally agreed on way of doing things among us is that there is no harm in bartering a camel for a camel like it and adding some dirhams to the exchange, from hand to hand. There is no harm in bartering a camel for a camel like it with some dirhams on top of the exchange, the camels to be exchanged from hand to hand, and the dirhams to be paid within a period." He said, "There is no good however in bartering a camel for a camel like it with some dirhams on top of it, with the dirhams paid in cash and the camel to be delivered later. If both the camel and the dirhams are deferred there is no good in that either."

Malik said, "There is no harm in buying a riding camel with two or more pack-camels, if they are from inferior stock. There is no harm in bartering two of them for one with delayed terms, if they are different and their difference is clear. If they resemble each other whether their species are different or not, two are not to be taken for one with delayed terms."

Malik said, "The explanation of what is disapproved of in that, is that a camel should not be bought with two camels when there is no distinction between them in speed or hardiness. If this is according to what I have described to you, then one does not buy two of them for one with delayed terms. There is no harm in selling those of them you buy before you complete the deal to somebody other than the one from whom you bought them if you get the price in cash."

Malik said, "It is permitted for someone to advance something on animals for a fixed term and describe the amount and pay its price in cash. Whatever the buyer and seller have described is obliged for them. That is still permitted behaviour between people and what the people of knowledge in our land do."

It was narrated that Ibn Ya’mar said: I asked Ibn `Umar-or a man asked him: We travel in this land and we meet people who say, There is no qadar (divine decree), Ibn `Umar said: If you meet those people, tell them that ‘Abdullah bin `Umar has nothing to do with them and they have nothing to do with him - he said it three times. Then he told us. Whilst we were with the Messenger of Allah (ﷺ), a man came and said: O Messenger of Allah (ﷺ), may I draw closer? He said: `Come closer.` So he came a little closer, then he said: O Messenger of Allah (ﷺ), may I come closer? He said: `Come closer.” So he came a little closer, then he said: O Messenger of Allah (ﷺ), may I come closer? He said: `Come closer.” So he came a little closer until his knees were almost touching the knees of the Messenger of Allah (ﷺ) . Then he said: O Messenger of Allah (ﷺ), what is faith? - and he mentioned a similar report.

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.

Ibn ‘Abbas said “Hilal bin Umayyah was one of the three persons whose repentance was accepted by Allaah. One night he returned from his land and found a man along with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning.” Next day he went to the Apostle of Allaah(saws) in the morning and said Apostle of Allaah(saws) “I came to my wife in the night and found a man along with her. I saw with my own eyes and heard with my own ears. The Apostle of Allaah(saws) disliked what he described and he took it seriously. There upon the following Qur’anic verse came down “And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them ....” When the Apostle of Allaah(saws) came to himself (after the revelation ended) he said “Glad tidings to you Hilal, Allaah the exalted has made ease and a way out for you.” Hilal said “I expected that from my Lord. The Apostle of Allaah(saws) said “Send for her. She then came.” The Apostle of Allaah(saws) recited the verses to them and he reminded them and told them that the punishment in the next world was more severe than that in n this world. Hilal said “I swear by Allah I spoke the truth against her.” She said “He told a lie.” The Apostle of Allaah(saws) said “Apply the method of invoking curses on one another. Hilal was told “Bear witness. So he bore witness before Allaah four times that he spoke the truth.” When he was about to utter the fifth time he was told “Hilal fear Allah, for the punishment in this world is easier than that in the next world and this is the deciding one, that will surely cause punishment to you.” He said “I swear by Allaah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act).” So he bore witness a fifth time invoking the curse of Allah on him if he was of those who tell a lie. Then the people said to her, Testify. So she gave testimony before Allaah that he was a liar. When she was going to testify the fifth time she was told “Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you.” She hesitated for a moment. And then said “By Allah, I will not disgrace my people.” So she testified a fifth time invoking the curse of Allah on her if he spoke the truth. Apostle of Allaah(saws) separated them from each other and decided that the child will not be attributed to its father. Neither she nor her child will be accused of adultery. He who accuses her or her child will be liable to punishment. He also decided that there will be no dwelling and maintenance for her (from the husband) as they were separated without divorce and death. He then said “If she gives birth to a child with reddish hair, light buttocks, wide belly and light shins he will be the child of Hilal. If she bears a dusky child with curly hair, fat limbs, fat shins and fat buttocks he will be the child of the one who was accused of adultery. She gave birth to a child with curly hair, fat limbs, fat shins and fat buttocks. The Apostle of Allaah(saws) said “Had there been no oaths, I would have dealt with her severely.”

‘Ikrimah said “Later on he became the chief of the tribe of Mudar. He was not attributed to his father.”

The Jew could not help shouting at the top of his voice, "O you 'Arabs! Here is your great man whom you have been waiting for!" So all the Muslims rushed to their arms and received Allah's Apostle on the summit of Harra. The Prophet turned with them to the right and alighted at the quarters of Bani 'Amr bin 'Auf, and this was on Monday in the month of Rabi-ul-Awal. Abu Bakr stood up, receiving the people while Allah's Apostle sat down and kept silent. Some of the Ansar who came and had not seen Allah's Apostle before, began greeting Abu Bakr, but when the sunshine fell on Allah's Apostle and Abu Bakr came forward and shaded him with his sheet only then the people came to know Allah's Apostle. Allah's Apostle stayed with Bani 'Amr bin 'Auf for ten nights and established the mosque (mosque of Quba) which was founded on piety. Allah's Apostle prayed in it and then mounted his she-camel and proceeded on, accompanied by the people till his she-camel knelt down at (the place of) the Mosque of Allah's Apostle at Medina. Some Muslims used to pray there in those days, and that place was a yard for drying dates belonging to Suhail and Sahl, the orphan boys who were under the guardianship of 'Asad bin Zurara. When his she-camel knelt down, Allah's Apostle said, "This place, Allah willing, will be our abiding place." Allah's Apostle then called the two boys and told them to suggest a price for that yard so that he might take it as a mosque. The two boys said, "No, but we will give it as a gift, O Allah's Apostle!" Allah's Apostle then built a mosque there. The Prophet himself started carrying unburnt bricks for its building and while doing so, he was saying "This load is better than the load of Khaibar, for it is more pious in the Sight of Allah and purer and better rewardable." He was also saying, "O Allah! The actual reward is the reward in the Hereafter, so bestow Your Mercy on the Ansar and the Emigrants." Thus the Prophet recited (by way of proverb) the poem of some Muslim poet whose name is unknown to me.

(Ibn Shibab said, "In the Hadiths it does not occur that Allah's Apostle

recited a complete poetic verse other than this one.")

When Allah gave to His Apostle the war booty on the day of Hunain, he distributed that booty amongst those whose hearts have been (recently) reconciled (to Islam), but did not give anything to the Ansar. So they seemed to have felt angry and sad as they did not get the same as other people had got. The Prophet then delivered a sermon before them, saying, "O, the assembly of Ansar! Didn't I find you astray, and then Allah guided you on the Right Path through me? You were divided into groups, and Allah brought you together through me; you were poor and Allah made you rich through me." Whatever the Prophet said , they (i.e. the Ansar) said, "Allah and his Apostle have more favours to do." The Prophet said, "What stops you from answering the Apostle of Allah?" But whatever he said to them, they replied, "Allah and His Apostle have more favours to do." The Prophet then said, "If you wish you could say: 'You came to us in such-and-such state (at Medina).' Wouldn't you be willing to see the people go away with sheep and camels while you go with the Prophet to your homes? But for the migration, I would have been one of the Ansar, and if the people took their way through a valley or mountain pass, I would select the valley or mountain pass of the Ansar. The Ansar are Shiar (i.e. those clothes which are in direct contact with the body and worn inside the other garments), and the people are Dithar (i.e. those clothes which are not in direct contact with the body and are worn over other garments). No doubt, you will see other people favoured over you, so you should be patient till you meet me at the Tank (of Kauthar).

Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sa`d, the brother of Bani Sa`idi He said, "An Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah revealed concerning his affair what is mentioned in the Holy Qur'an about the affair of those involved in a case of Lian. The Prophet said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the mosque while I was present there. When they had finished, the man said, "O Allah's Apostle! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah's Apostle ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet ." Ibn Shihab added, "After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother's name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him." Ibn Shihab said that Sahl bin Sa`d As'Saidi said that the Prophet said (in the above narration), "If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then she delivered it in the shape one would dislike (as it proved her guilty).

Men from the companions of Allah's Apostle used to see dreams during the lifetime of Allah's Apostle and they used to narrate those dreams to Allah's Apostle. Allah's Apostle would interpret them as Allah wished. I was a young man and used to stay in the mosque before my wedlock. I said to myself, "If there were any good in myself, I too would see what these people see." So when I went to bed one night, I said, "O Allah! If you see any good in me, show me a good dream." So while I was in that state, there came to me (in a dream) two angels. In the hand of each of them, there was a mace of iron, and both of them were taking me to Hell, and I was between them, invoking Allah, "O Allah! I seek refuge with You from Hell." Then I saw myself being confronted by another angel holding a mace of iron in his hand. He said to me, "Do not be afraid, you will be an excellent man if you only pray more often." So they took me till they stopped me at the edge of Hell, and behold, it was built inside like a well and it had side posts like those of a well, and beside each post there was an angel carrying an iron mace. I saw therein many people hanging upside down with iron chains, and I recognized therein some men from the Quraish. Then (the angels) took me to the right side. I narrated this dream to (my sister) Hafsa and she told it to Allah's Apostle. Allah's Apostle said, "No doubt, `Abdullah is a good man." (Nafi` said, "Since then `Abdullah bin `Umar used to pray much.)

`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."

I asked `Urwa bin Az-Zubair (regarding the Hajj of the Prophet ). `Urwa replied, "Aisha narrated, 'When the Prophet reached Mecca, the first thing he started with was the ablution, then he performed Tawaf of the Ka`ba and his intention was not `Umra alone (but Hajj and `Umra together).' " Later Abu Bakr I performed the Hajj and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone (but Hajj and `Umra together). And then `Umar did the same. Then `Uthman performed the Hajj and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone. And then Muawiya and `Abdullah bin `Umar did the same. I performed Hajj with Ibn Az-Zubair and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone, (but Hajj and `Umra together). Then I saw the Muhajirin (Emigrants) and Ansar doing the same and it was not `Umra alone. And the last person I saw doing the same was Ibn `Umar, and he did not do another `Umra after finishing the first. Now here is Ibn `Umar present amongst the people! They neither ask him nor anyone of the previous ones. And all these people, on entering Mecca, would not start with anything unless they had performed Tawaf of the Ka`ba, and would not finish their Ihram. And no doubt, I saw my mother and my aunt, on entering Mecca doing nothing before performing Tawaf of the Ka`ba, and they would not finish their lhram. And my mother informed me that she, her sister, Az-Zubair and such and such persons had assumed lhram for `Umra and after passing their hands over the Corner (the Black Stone) (i.e. finishing their Umra) they finished their Ihram."

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."

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."

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

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

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

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

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

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

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

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

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

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

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

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

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

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

I saw `Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with Hudhaifa bin Al-Yaman and `Uthman bin Hunaif to whom he said, "What have you done? Do you think that you have imposed more taxation on the land (of As-Swad i.e. 'Iraq) than it can bear?" They replied, "We have imposed on it what it can bear because of its great yield." `Umar again said, "Check whether you have imposed on the land what it can not bear." They said, "No, (we haven't)." `Umar added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after me." But only four days had elapsed when he was stabbed (to death ). The day he was stabbed, I was standing and there was nobody between me and him (i.e. `Umar) except `Abdullah bin `Abbas. Whenever `Umar passed between the two rows, he would say, "Stand in straight lines." When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would recite Surat Yusuf or An-Nahl or the like in the first rak`a so that the people may have the time to Join the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that he had been captured, the non-Arab infidel killed himself, `Umar held the hand of `Abdur-Rahman bin `Auf and let him lead the prayer. Those who were standing by the side of `Umar saw what I saw, but the people who were in the other parts of the Mosque did not see anything, but they lost the voice of `Umar and they were saying, "Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." `Abdur-Rahman bin `Auf led the people a short prayer. When they finished the prayer, `Umar said, "O Ibn `Abbas! Find out who attacked me." Ibn `Abbas kept on looking here and there for a short time and came to say. "The slave of Al Mughira." On that `Umar said, "The craftsman?" Ibn `Abbas said, "Yes." `Umar said, "May Allah curse him. I did not treat him unjustly. All the Praises are for Allah Who has not caused me to die at the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to love to have more non-Arab infidels in Medina." Al-Abbas had the greatest number of slaves. Ibn `Abbas said to `Umar. "If you wish, we will do." He meant, "If you wish we will kill them." `Umar said, "You are mistaken (for you can't kill them) after they have spoken your language, prayed towards your Qibla, and performed Hajj like yours." Then `Umar was carried to his house, and we went along with him, and the people were as if they had never suffered a calamity before. Some said, "Do not worry (he will be Alright soon)." Some said, "We are afraid (that he will die)." Then an infusion of dates was brought to him and he drank it but it came out (of the wound) of his belly. Then milk was brought to him and he drank it, and it also came out of his belly. The people realized that he would die. We went to him, and the people came, praising him. A young man came saying, "O chief of the believers! Receive the glad tidings from Allah to you due to your company with Allah's Apostle and your superiority in Islam which you know. Then you became the ruler (i.e. Caliph) and you ruled with justice and finally you have been martyred." `Umar said, "I wish that all these privileges will counterbalance (my shortcomings) so that I will neither lose nor gain anything." When the young man turned back to leave, his clothes seemed to be touching the ground. `Umar said, "Call the young man back to me." (When he came back) `Umar said, "O son of my brother! Lift your clothes, for this will keep your clothes clean and save you from the Punishment of your Lord." `Umar further said, "O `Abdullah bin `Umar! See how much I am in debt to others." When the debt was checked, it amounted to approximately eighty-six thousand. `Umar said, "If the property of `Umar's family covers the debt, then pay the debt thereof; otherwise request it from Bani `Adi bin Ka`b, and if that too is not sufficient, ask for it from Quraish tribe, and do not ask for it from any one else, and pay this debt on my behalf." `Umar then said (to `Abdullah), "Go to `Aisha (the mother of the believers) and say: "`Umar is paying his salutation to you. But don't say: 'The chief of the believers,' because today I am not the chief of the believers. And say: "`Umar bin Al-Khattab asks the permission to be buried with his two companions (i.e. the Prophet, and Abu Bakr)." `Abdullah greeted `Aisha and asked for the permission for entering, and then entered to her and found her sitting and weeping. He said to her, "`Umar bin Al-Khattab is paying his salutations to you, and asks the permission to be buried with his two companions." She said, "I had the idea of having this place for myself, but today I prefer `Umar to myself." When he returned it was said (to `Umar), "`Abdullah bin `Umar has come." `Umar said, "Make me sit up." Somebody supported him against his body and `Umar asked (`Abdullah), "What news do you have?" He said, "O chief of the believers! It is as you wish. She has given the permission." `Umar said, "Praise be to Allah, there was nothing more important to me than this. So when I die, take me, and greet `Aisha and say: "`Umar bin Al-Khattab asks the permission (to be buried with the Prophet ), and if she gives the permission, bury me there, and if she refuses, then take me to the grave-yard of the Muslims." Then Hafsa (the mother of the believers) came with many other women walking with her. When we saw her, we went away. She went in (to `Umar) and wept there for sometime. When the men asked for permission to enter, she went into another place, and we heard her weeping inside. The people said (to `Umar), "O chief of the believers! Appoint a successor." `Umar said, "I do not find anyone more suitable for the job than the following persons or group whom Allah's Apostle had been pleased with before he died." Then `Umar mentioned `Ali, `Uthman, AzZubair, Talha, Sa`d and `Abdur-Rahman (bin `Auf) and said, "Abdullah bin `Umar will be a witness to you, but he will have no share in the rule. His being a witness will compensate him for not sharing the right of ruling. If Sa`d becomes the ruler, it will be alright: otherwise, whoever becomes the ruler should seek his help, as I have not dismissed him because of disability or dishonesty." `Umar added, "I recommend that my successor takes care of the early emigrants; to know their rights and protect their honor and sacred things. I also recommend that he be kind to the Ansar who had lived in Medina before the emigrants and Belief had entered their hearts before them. I recommend that the (ruler) should accept the good of the righteous among them and excuse their wrong-doers, and I recommend that he should do good to all the people of the towns (Al-Ansar), as they are the protectors of Islam and the source of wealth and the source of annoyance to the enemy. I also recommend that nothing be taken from them except from their surplus with their consent. I also recommend that he do good to the 'Arab bedouin, as they are the origin of the 'Arabs and the material of Islam. He should take from what is inferior, amongst their properties and distribute that to the poor amongst them. I also recommend him concerning Allah's and His Apostle's protectees (i.e. Dhimmis) to fulfill their contracts and to fight for them and not to overburden them with what is beyond their ability." So when `Umar expired, we carried him out and set out walking. `Abdullah bin `Umar greeted (`Aisha) and said, "`Umar bin Al-Khattab asks for the permission." `Aisha said, "Bring him in." He was brought in and buried beside his two companions. When he was buried, the group (recommended by `Umar) held a meeting. Then `Abdur-Rahman said, " Reduce the candidates for rulership to three of you." Az-Zubair said, "I give up my right to `Ali." Talha said, "I give up my right to `Uthman," Sa`d, 'I give up my right to `Abdur-Rahman bin `Auf." `Abdur-Rahman then said (to `Uthman and `Ali), "Now which of you is willing to give up his right of candidacy to that he may choose the better of the (remaining) two, bearing in mind that Allah and Islam will be his witnesses." So both the sheiks (i.e. `Uthman and `Ali) kept silent. `Abdur-Rahman said, "Will you both leave this matter to me, and I take Allah as my Witness that I will not choose but the better of you?" They said, "Yes." So `Abdur-Rahman took the hand of one of them (i.e. `Ali) and said, "You are related to Allah's Apostle and one of the earliest Muslims as you know well. So I ask you by Allah to promise that if I select you as a ruler you will do justice, and if I select `Uthman as a ruler you will listen to him and obey him." Then he took the other (i.e. `Uthman) aside and said the same to him. When `Abdur-Rahman secured (their agreement to) this covenant, he said, "O `Uthman! Raise your hand." So he (i.e. `Abdur-Rahman) gave him (i.e. `Uthman) the solemn pledge, and then `Ali gave him the pledge of allegiance and then all the (Medina) people gave him the pledge of allegiance.

We set out along with the Prophet during the year of (the battle of) Hunain, and when we faced the enemy, the Muslims (with the exception of the Prophet and some of his companions) retreated (before the enemy). I saw one of the pagans over-powering one of the Muslims, so I struck the pagan from behind his neck causing his armor to be cut off. The pagan headed towards me and pressed me so forcibly that I felt as if I was dying. Then death took him over and he released me. Afterwards I followed `Umar and said to him, "What is wrong with the people?" He said, "It is the Order of Allah." Then the Muslims returned (to the battle after the flight) and (after overcoming the enemy) the Prophet sat and said, "Whoever had killed an Infidel and has an evidence to this issue, will have the Salb (i.e. the belonging of the deceased e.g. clothes, arms, horse, etc)." I (stood up) and said, "Who will be my witness?" and then sat down. Then the Prophet repeated his question. Then the Prophet said the same (for the third time). I got up and said, "Who will be my witness?" and then sat down. The Prophet asked his former question again. So I got up. The Prophet said, What is the matter, O Abu Qatada?" So I narrated the whole story; A man said, "Abu Qatada has spoken the truth, and the Salb of the deceased is with me, so please compensate Abu Qatada on my behalf." Abu Bakr said, "No! By Allah, it will never happen that the Prophet will leave a Lion of Allah who fights for the Sake of Allah and His Apostle and give his spoils to you." The Prophet said, "Abu Bakr has spoken the truth. Give it (the spoils) back to him (O man)!" So he gave it to me and I bought a garden in (the land of) Banu Salama with it (i.e. the spoils) and that was the first property I got after embracing Islam.

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."

Uwaimir Al-`Ajlani came to `Asim bin Adi Al-Ansari and asked, "O `Asim! Tell me, if a man sees his wife with another man, should he kill him, whereupon you would kill him in Qisas, or what should he do? O `Asim! Please ask Allah's Apostle about that." `Asim asked Allah's Apostle about that. Allah's Apostle disliked that question and considered it disgraceful. What `Asim heard from Allah's Apostle was hard on him. When he returned to his family, 'Uwaimir came to him and said "O `Asim! What did Allah's Apostle say to you?" `Asim said, "You never bring me any good. Allah's Apostle disliked to hear the problem which I asked him about." 'Uwaimir said, "By Allah, I will not leave the matter till I ask him about it." So 'Uwaimir proceeded till he came to Allah's Apostle who was in the midst of the people and said, "O Allah's Apostle! If a man finds with his wife another man, should he kill him, whereupon you would kill him (in Qisas): or otherwise, what should he do?" Allah's Apostle said, "Allah has revealed something concerning the question of you and your wife. Go and bring her here." So they both carried out the judgment of Lian, while I was present among the people (as a witness). When both of them had finished, 'Uwaimir said, "O Allah's Apostle! If I should now keep my wife with me, then I have told a lie". Then he pronounced his decision to divorce her thrice before Allah's Apostle ordered him to do so. (Ibn Shihab said, "That was the tradition for all those who are involved in a case of Lian."

'Uwaimir Al-Ajlani came to `Asim bin Ad Al-Ansari and said to him, "O `Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, O `Asim, ask about this on my behalf." `Asim asked Allah's Apostle about it. Allah's Apostle, disliked that question and considered it disgraceful. What `Asim heard from Allah's Apostle was hard on him. When `Asim returned to his family, 'Uwaimir came to him and said, "O `Asim! What did Allah's Apostle. say to you?" `Asim said to 'Uwaimir, "You never bring me any good. Allah's Apostle disliked the problem which I asked him about." 'Uwaimir said, "By Allah, I will not give up this matter until I ask the Prophet about it." So 'Uwaimir proceeded till he came to Allah's Apostle in the midst of people, and said, "O Allah's Apostle! If a man sees another man with his wife, would he kill him, whereupon you would kill him, or what should he do?" Allah's Apostle said, "Allah has revealed some decree as regards you and your wives case. Go and bring her." So they carried out the process of Lian while I was present among the people with Allah's Apostle. When they had finished their Lian, 'Uwaimir said, "O Allah's Apostle! If I should now keep her with me as a wife, then I have told a lie." So he divorced her thrice before Allah's Apostle ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Lian.)