Malik related to me that Zayd ibn Aslam said, "Usury in the Jahiliyya was that a man would give a loan to a man for a set term. When the term was due, he would say, 'Will you pay it off or increase me?' If the man paid, he took it. If not, he increased him in his debt and lengthened the term for him ."

Malik said, "The disapproved of way of doing things about which there is no dispute among us, is that a man should give a loan to a man for a term, and then the demander reduce it and the one from whom it is demanded pay it in advance. To us that is like someone who delays repaying his debt after it is due to his creditor and his creditor increases his debt." Malik said, "This is nothing else but usury. No doubt about it."

Malik spoke about a man who loaned one hundred dinars to a man for two terms. When it was due, the person who owed the debt said to him, "Sell me some goods, whose price is one hundred dinars in cash for one hundred and fifty on credit." Malik said, "This transaction is not good, and the people of knowledge still forbid it."

Malik said, "This is disapproved of because the creditor himself gives the debtor the price of what the man sells him, and he defers repayment of the hundred of the first transaction for the debtor for the term which is mentioned to him in the second transaction, and the debtor increases him with fifty dinars for his deferring him. That is disapproved of and it is not good. It also resembles the hadith of Zayd ibn Aslam about the transactions of the people of the Jahiliyya. When their debts were due, they said to the person with the debt, 'Either you pay in full or you increase it.' If they paid, they took it, and if not they increased debtors in their debts, and extended the term for them."

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not go out to meet the caravans for trade, do not bid against each other, outbidding in order to raise the price, and a townsman must not buy on behalf of a man of the desert, and do not tie up the udders of camels and sheep so that they appear to have a lot of milk, for a person who buys them after that has two recourses open to him after he milks them. If he is pleased with them, he keeps them and if he is displeased with them, he can return them along with a sa of dates."

Malik said, "The explanation of the words of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - 'do not bid against each other,' is that it is forbidden for a man to offer a price over the price of his brother when the seller has inclined to the bargainer and made conditions about the weight of the gold and he has declared himself not liable for faults and such things by which it is recognised that the seller wants to make a transaction with the bargainer. This is what he forbade, and Allah knows best."

Malik said, "There is no harm, however, in more than one person bidding against each other over goods put up for sale."

He said, "Were people to leave off haggling when the first person started haggling, an unreal price might be taken and the disapproved would enter into the sale of the goods. This is still the way of doing things among us."

Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it.

Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' "

Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced."

Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood- money payable for injuries less than the head wound which bares the bone."

`Abdullah bin Mas`ud said, "While Allah's Apostle was praying beside the Ka`ba, there were some Quraish people sitting in a gathering. One of them said, 'Don't you see this (who does deeds just to show off)? Who amongst you can go and bring the dung, blood and the Abdominal contents (intestines, etc.) of the slaughtered camels of the family of so and so and then wait till he prostrates and put that in between his shoulders?' The most unfortunate amongst them (`Uqba bin Abi Mu'ait) went (and brought them) and when Allah's Apostle prostrated, he put them between his shoulders. The Prophet remained in prostration and they laughed so much so that they fell on each other. A passerby went to Fatima, who was a young girl in those days. She came running and the Prophet was still in prostration. She removed them and cursed upon the Quraish on their faces. When Allah's Apostle completed his prayer, he said, 'O Allah! Take revenge on Quraish.' He said so thrice and added, 'O Allah! take revenge on `Amr bin Hisham, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, `Uqba bin Abi Mu'ait and `Umar a bin Al-Walid." `Abdullah added, "By Allah! I saw all of them dead in the battle field on the day of Badr and they were dragged and thrown in the Qalib (a well) at Badr: Allah's Apostle then said, 'Allah's curse has descended upon the people of the Qalib (well).

The Prophet said, "A horse may be kept for one of three purposes: for a man it may be a source of reward; for another it may be a means of living; and for a third it may be a burden (a source of committing sins). As for the one for whom it is a source of reward, he is the one who keeps his horse for the sake of Jihad in Allah's Cause; he ties it with a long rope on a pasture or in a garden. So whatever its rope allows it to eat, will be regarded as good rewardable deeds (for its owner). And if it breaks off its rope and jumps over one or two hillocks, even its dung will be considered amongst his good deeds. And if it passes by a river and drinks water from it, that will be considered as good deeds for his benefit) even if he has had no intention of watering it. A horse is a shelter for the one who keeps it so that he may earn his living honestly and takes it as a refuge to keep him from following illegal ways (of gaining money), and does not forget the rights of Allah (i.e. paying the Zakat and allowing others to use it for Allah's Sake). But a horse is a burden (and a source of committing sins for him who keeps it out of pride and pretense and with the intention of harming the Muslims." The Prophet was asked about donkeys. He replied, "Nothing has been revealed to be concerning them except this comprehensive Verse (which covers everything) :--'Then whosoever has done good equal to the weight of an atom (or a small ant), Shall see it (its reward) And whosoever has done evil equal to the weight of an atom (or a small ) ant), Shall see it (Its punishment)." (99.7-8)

Yahya ibn Abdullah said: When the captives (of the battle of Badr) were brought, Sawdah daughter of Zam'ah was present with the children of Afra' at the halting place of their camels, that is, Awf and Mu'awwidh sons of Afra'.

This happened before the prescription of veil for them. Sawdah said: I swear by Allah, I was with them when I came (from there to the people) and I was told: These are captives recently brought (here). I returned to my house, and the Messenger of Allah (saws) was there, and AbuZayd Suhayl ibn Amr was in the corner of the apartment and his hands were tied up on his neck with a rope. He then narrated the rest of the tradition.

Abu Dawud said: They (the sons of 'Afra') killed Abu Jahl b. Hisham. They were deputed for him though they did not realize him: and they were killed in the battle of Badr.

Umm Aban, daughter of al-Wazi' ibn Zari', quoting his grandfather, who was a member of the deputation of AbdulQays, said: When we came to Medina, we raced to be first to dismount and kiss the hand and foot of the Messenger of Allah (saws). But al-Mundhir al-Ashajj waited until he came to the bundle of his clothes. He put on his two garments and then he went to the Prophet (saws).

He said to him: You have two characteristics which Allah likes: gentleness and deliberation.

He asked: Have I acquired them or has Allah has created (them) my nature? He replied: No, Allah has created (them) in your nature.

He then said: Praise be to Allah Who has created in my nature two characteristics which Allah and His Apostle like.

¹ i.e. he has not been ostentatious in his obedience. It was related by at-Tirmidhi (also by Ahmad ibn Hanbal and Ibn Majah). Its chain of authorities is sound.

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, "Is this thing in my land? I adjure you, you must tell me." Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan. If he does not bring four witnesses, then let him be completely handed over," (to the relatives of the murdered man).

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, sent a gift to Umar ibn al-Khattab, and Umar returned it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did you return it?" He said, "Messenger of Allah, didn't you tell us that it is better for us not to take anything from anyone?" The Messenger of Allah, may Allah bless him and grant him peace, said, "That is by asking. Provision which Allah gives you is different from asking." Umar ibn al-Khattab said, "By the One in whose hand my self is, I will not ask anything from anyone, and anything that comes to me without my asking for it, I will accept."

that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! (This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr, and they are ordered to marry other women instead of them."

[Al-Bukhari and Muslim]. This is Al-Bukhari's version.

In Muslim's version "'that Allah's Apostle (ﷺ) called for a container of water so he was given a vessel that had some water.' Anas said 'Then I started looking at the water spouting from his fingers. Then I estimated (the persons) and they were between seventy and eighty.'"

[Al-Bukhari and Muslim].

"A man from the Muslims and a man from the Jews quarrelled, and the Muslim said, "By Him Who gave superiority to Muhammad over all the people!" The Jew said, "By Him Who gave superiority to Moses over all the people!' On that the Muslim lifted his hand and slapped the Jew. The Jew went to Allah's Apostle and informed him of all that had happened between him and the Muslim. The Prophet said, "Do not give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection, I will be the first to regain consciousness and behold, Moses will be standing there, holding the side of the Throne. I will not know whether he has been one of those who have fallen unconscious and then regained consciousness before me, or if he has been one of those exempted by Allah (from falling unconscious)." (See Hadith No. 524, Vol. 8)

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban that his paternal uncle Wasi ibn Habban said, "I was praying, and Abdullah ibn Umar was resting his back on the wall of the qibla. When I had finished the prayer I turned towards him on my left hand side. Abdullah ibn Umar said, 'What stopped you from turning away to your right?' I replied, 'I saw you and turned towards you.' Abdullah said, 'You have spoken correctly. People say that you should turn away to your right, but when you pray, you can turn whichever way you wish. If you like, to your right, and if you like, to your left.' "

Yahya related to me from Malik that Zayd ibn Aslam said, ''Umar ibn al Khattab drank some milk which he liked (very much) and he asked the man who had given it to him, 'Where did this milk come from?' The man told him that he had come to a watering-place, which he named, and had found grazing livestock from the zakat watering there. He was given some of their milk, which he then put into his water-skin, and that was the milk in question. Umar ibn al-Khattab then put his hand into his mouth to make himself vomit."

Malik said, "The position with us is that if anyone refuses to honour one of the obligatory demands of Allah, and the muslims are unable to get it, then they have the right to fight him until they get itfrom him."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that when he brought an animal to be sacrificed from Madina he would garland it and brand it at Dhu'l-Hulayfa, doing the garlanding before the branding, but doing both in the same place, while facing the qibla. He would garland the animal with two sandals and brand it on its left side. It would then be driven with him until he observed the standing together with everybody at Arafa. Then he would drive it on with him when everybody else moved on, and then when he arrived at Mina on the morning of the sacrifice, he would sacrifice the animal, before he shaved his head. He would sacrifice the animals with his own hands ,lining them up standing and facing the qibla. He would then eat some of the meat, and give some of it away.

Yahya related to me from Malik that Abdullah ibn Abi Habiba said, "I said to a man, when I was young, 'A man who only says that he must walk to the House of Allah and does not say that he has vowed to walk, does not have to walk.' A man said, 'Shall I give you this small cucumber?' and he had a small cucumber in his hand and you will say, 'I must walk to the house of Allah?' I said, 'Yes' and I said it, for at that time I was still immature. Then, when I came of age, some one said to me that I had to fulfill my vow. I went and asked Said ibn al- Musayyab about it, and he said to me, 'You must walk.' So I walked."

Malik said, "That is the custom among us."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave Hafsa bint Abd arRahman in marriage to al-Mundhir ibn az-Zubayr while Abd ar-Rahman was away in Syria. When Abd ar-Rahman arrived, he said, "Shall someone like me have this done to him? Am I the kind of man to have something done to him without his consent?" A'isha spoke to al-Mundhir ibn az-Zubayr, and al-Mundhir said, "It is in the hands of Abd ar-Rahman." Abd ar-Rahman said, "I won't oppose something that you have already completed." Hafsa was confirmed with al-Mundhir, and there was no divorce.

"Once a delegation of `Abdul Qais came to Allah's Apostle and said, "We belong to such and such branch of the tribe of Rabi'ah and we can only come to you in the sacred months. Order us to do something good so that we may take it from you and also invite to it those whom we have left behind (at home)." So he said, "I order you to do four things and forbid you from four things: To believe in Allah" - and then he explained it to them "to testify that none has the right to be worshipped but Allah and that I am Allah's Apostle, to establish the prayers (at the stated times), to pay the Zakat (obligatory charity), to hand me the Khumus (fifth) if you acquire spoils of war. And I forbid from (using) Dubba, Hantam, Muqaiyyar, and Naqir (all these were utensils used for the preparation of alcoholic drinks).

Once I passed the night in the house of Maimuna (his aunt). I slept across the bed while Allah's Apostle and his wife slept length-wise. The Prophet slept till midnight or nearly so and woke up rubbing his face and recited ten verses from Surat "Al-`Imran." Allah's Apostle went towards a leather skin and performed ablution in the most perfect way and then stood for the prayer. I did the same and stood beside him. The Prophet put his right hand on my head, twisted my ear and then prayed two rak`at five times and then ended his prayer with witr. He laid down till the Mu'adh-dhin came then he stood up and offered two rak`at (Sunnah of Fajr prayer) and then went out and offered the Fajr prayer. (See Hadith 183)

(the wife of the Prophet) that Allah's Apostle said to her, "Do you know that when your people (Quraish) rebuilt the Ka`ba, they decreased it from its original foundation laid by Abraham?" I said, "O Allah's Apostle! Why don't you rebuild it on its original foundation laid by Abraham?" He replied, "Were it not for the fact that your people are close to the Pre-Islamic Period of ignorance (i.e. they have recently become Muslims) I would have done so." The sub-narrator, `Abdullah (bin `Umar ) stated: `Aisha 'must have heard this from Allah's Apostle for in my opinion Allah's Apostle had not placed his hand over the two corners of the Ka`ba opposite Al-Hijr only because the Ka`ba was not rebuilt on its original foundations laid by Abraham.

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

It was said to the Prophet "Would that you see `Abdullah bin Ubai." So, the Prophet went to him, riding a donkey, and the Muslims accompanied him, walking on salty barren land. When the Prophet reached `Abdullah bin Ubai, the latter said, "Keep away from me! By Allah, the bad smell of your donkey has harmed me." On that an Ansari man said (to `Abdullah), "By Allah! The smell of the donkey of Allah's Apostle is better than your smell." On that a man from `Abdullah's tribe got angry for `Abdullah's sake, and the two men abused each other which caused the friends of the two men to get angry, and the two groups started fighting with sticks, shoes and hands. We were informed that the following Divine Verse was revealed (in this concern):-- "And if two groups of Believers fall to fighting then, make peace between them." (49.9)

Once the journey-food of the people ran short and they were in great need. So, they came to the Prophet to take his permission for slaughtering their camels, and he permitted them. Then `Umar met them and they informed him about it. He said, "What will sustain you after your camels (are finished)?" Then `Umar went to the Prophet and said, "O Allah's Apostle! What will sustain them after their camels (are finished)?" Allah's Apostle said, "Make an announcement amongst the people that they should bring all their remaining food (to me)." (They brought it and) the Prophet invoked Allah and asked for His Blessings for it. Then he asked them to bring their food utensils and the people started filling their food utensils with their hands till they were satisfied. Allah's Apostle then said, "I testify that None has the right to be worshipped but Allah, and I am His Apostle. "

The Angel of Death was sent to Moses when he came to Moses, Moses slapped him on the eye. The angel returned to his Lord and said, "You have sent me to a Slave who does not want to die." Allah said, "Return to him and tell him to put his hand on the back of an ox and for every hair that will come under it, he will be granted one year of life." Moses said, "O Lord! What will happen after that?" Allah replied, "Then death." Moses said, "Let it come now." Moses then requested Allah to let him die close to the Sacred Land so much so that he would be at a distance of a stone's throw from it." Abu Huraira added, "Allah's Apostle said, 'If I were there, I would show you his grave below the red sand hill on the side of the road."

A Muslim and a Jew quarreled. The Muslim taking an oath, said, "By Him Who has preferred Muhammad over all people...!" The Jew said, "By Him Who has preferred Moses, over all people." The Muslim raised his hand and slapped the Jew who came to the Prophet to tell him what had happened between him and the Muslim. The Prophet said, "Don't give me superiority over Moses, for the people will become unconscious (on the Day of Resurrection) and I will be the first to gain consciousness to see Moses standing and holding a side of Allah's Throne. I will not know if he has been among those people who have become unconscious; and that he has gained consciousness before me, or he has been amongst those whom Allah has exempted."

Jabir bin `Abdullah said, "The people became very thirsty on the day of Al-Hudaibiya (Treaty). A small pot containing some water was in front of the Prophet and when he had finished the ablution, the people rushed towards him. He asked, 'What is wrong with you?' They replied, 'We have no water either for performing ablution or for drinking except what is present in front of you.' So he placed his hand in that pot and the water started flowing among his fingers like springs. We all drank and performed ablution (from it)." I asked Jabir, "How many were you?" he replied, "Even if we had been one-hundred-thousand, it would have been sufficient for us, but we were fifteen-hundred."

The Prophet stayed for three rights between Khaibar and Medina and was married to Safiya. I invited the Muslim to h s marriage banquet and there wa neither meat nor bread in that banquet but the Prophet ordered Bilal to spread the leather mats on which dates, dried yogurt and butter were put. The Muslims said amongst themselves, "Will she (i.e. Safiya) be one of the mothers of the believers, (i.e. one of the wives of the Prophet ) or just (a lady captive) of what his right-hand possesses" Some of them said, "If the Prophet makes her observe the veil, then she will be one of the mothers of the believers (i.e. one of the Prophet's wives), and if he does not make her observe the veil, then she will be his lady slave." So when he departed, he made a place for her behind him (on his and made her observe the veil.

The Prophet sent a Sariya of spies and appointed `Asim bin Thabit, the grandfather of `Asim bin `Umar bin Al-Khattab, as their leader. So they set out, and when they reached (a place) between 'Usfan and Mecca, they were mentioned to one of the branch tribes of Bani Hudhail called Lihyan. So, about one-hundred archers followed their traces till they (i.e. the archers) came to a journey station where they (i.e. `Asim and his companions) had encamped and found stones of dates they had brought as journey food from Medina. The archers said, "These are the dates of Medina," and followed their traces till they took them over. When `Asim and his companions were not able to go ahead, they went up a high place, and their pursuers encircled them and said, "You have a covenant and a promise that if you come down to us, we will not kill anyone of you." `Asim said, "As for me, I will never come down on the security of an infidel. O Allah! Inform Your Prophet about us." So they fought with them till they killed `Asim along with seven of his companions with arrows, and there remained Khubaib, Zaid and another man to whom they gave a promise and a covenant. So when the infidels gave them the covenant and promise, they came down. When they captured them, they opened the strings of their arrow bows and tied them with it. The third man who was with them said, "This is the first breach in the covenant," and refused to accompany them. They dragged him and tried to make him accompany them, but he refused, and they killed him. Then they proceeded on taking Khubaib and Zaid till they sold them in Mecca. The sons of Al-Harith bin `Amr bin Naufal bought Khubaib. It was Khubaib who had killed Al-Harith bin `Amr on the day of Badr. Khubaib stayed with them for a while as a captive till they decided unanimously to kill him. (At that time) Khubaib borrowed a razor from one of the daughters of Al- Harith to shave his pubic hair. She gave it to him. She said later on, "I was heedless of a little baby of mine, who moved towards Khubaib, and when it reached him, he put it on his thigh. When I saw it, I got scared so much that Khubaib noticed my distress while he was carrying the razor in his hand. He said 'Are you afraid that I will kill it? Allah willing, I will never do that,' " Later on she used to say, "I have never seen a captive better than Khubaib Once I saw him eating from a bunch of grapes although at that time no fruits were available at Mecca, and he was fettered with iron chains, and in fact, it was nothing but food bestowed upon him by Allah." So they took him out of the Sanctuary (of Mecca) to kill him. He said, "Allow me to offer a two-rak`at prayer." Then he went to them and said, "Had I not been afraid that you would think I was afraid of death, I would have prayed for a longer time." So it was Khubaib who first set the tradition of praying two rak`at before being executed. He then said, "O Allah! Count them one by one," and added, 'When I am being martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, because this death is in Allah's Cause. If He wishes, He will bless the cut limbs." Then `Uqba bin Al-Harith got up and martyred him. The narrator added: The Quraish (infidels) sent some people to `Asim in order to bring a part of his body so that his death might be known for certain, for `Asim had killed one of their chiefs on the day of Badr. But Allah sent a cloud of wasps which protected his body from their messengers who could not harm his body consequently.

The Prophet said, "Time has come back to its original state which it had on the day Allah created the Heavens and the Earth. The year is twelve months, four of which are sacred, three of them are in succession, namely Dhul-Qa'da, Dhul Hijja and Muharram, (the fourth being) Rajab Mudar which is between Juma'da (ath-thamj and Sha'ban. The Prophet then asked, "Which month is this?" We said, "Allah and his Apostle know better." He kept silent so long that we thought that he would call it by a name other than its real name. He said, "Isn't it the month of Dhul-Hijja?" We said, "Yes." He said, "Which town is this?" We said, "Allah and His Apostle know better." He kept silent so long that we thought that he would call it t,y a name other than its real name. He said, "isn't it the town (of Mecca)?" We replied, "Yes." He said, "What day is today?" We replied, "Allah and His Apostle know better." He kept silent so long that we thought that he would call it by a name other than its real name. He said, "Isn't it the day of Nahr?" We replied, "Yes." He then said, "Your blood, properties and honor are as sacred to one another as this day of yours in this town of yours in this month of yours. You will meet your Lord, and He will ask you about your deeds. Beware! Do not go astray after me by cutting the necks of each other. It is incumbent upon those who are present to convey this message to those who are absent, for some of those to whom it is conveyed may comprehend it better than some of those who have heard it directly." (Muhammad, the sub-narrator, on mentioning this used to say: The Prophet then said, "No doubt! Haven't I delivered (Allah's) Message (to you)? Haven't I delivered Allah's message (to you)?"

The Prophet said, "Time has taken its original shape which it had when Allah created the Heavens and the Earth. The year is of twelve months, four of which are sacred, and out of these (four) three are in succession, i.e. Dhul-Qa'da, Dhul-Hijja and Al-Muharram, and the fourth is Rajab which is named after the Mudar tribe, between (the month of) Jumaida (ath-thania) and Sha'ban." Then the Prophet asked, "Which is this month?" We said, "Allah and His Apostle know better." On that the Prophet kept quiet so long that we thought that he might name it with another name. Then the Prophet said, "Isn't it the month of Dhul-Hijja?" We replied, "Yes." Then he said, "Which town is this?" "We replied, "Allah and His Apostle know better." On that he kept quiet so long that we thought that he might name it with another name. Then he said, "Isn't it the town of Mecca?" We replied, "Yes, " Then he said, "Which day is today?" We replied, "Allah and His Apostle know better." He kept quiet so long that we thought that he might name it with another name. Then he said, "Isn't it the day of An- Nahr (i.e. sacrifice)?" We replied, "Yes." He said, "So your blood, your properties, (The sub-narrator Muhammad said, 'I think the Prophet also said: And your honor..) are sacred to one another like the sanctity of this day of yours, in this city of yours, in this month of yours; and surely, you will meet your Lord, and He will ask you about your deeds. Beware! Do not become infidels after me, cutting the throats of one another. It is incumbent on those who are present to convey this message (of mine) to those who are absent. May be that some of those to whom it will be conveyed will understand it better than those who have actually heard it." (The sub-narrator, Muhammad, on remembering that narration, used to say, "Muhammad spoke the truth!") He (i.e. Prophet) then added twice, "No doubt! Haven't I conveyed (Allah's Message) to you?"

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

I was sent to Aisha by Ibn `Abbas, Al-Miswar bin Makhrama and `Abdur-Rahman bin Azhar . They told me to greet her on their behalf and to ask her about the offering of the two rak`at after the `Asr prayer and to say to her, "We were informed that you offer those two rak`at and we were told that the Prophet had forbidden offering them." Ibn `Abbas said, "I along with `Umar bin Al-Khattab used to beat the people whenever they offered them." I went to Aisha and told her that message. `Aisha said, "Go and ask Um Salama about them." So I returned and informed them about her statement. They then told me to go to Um Salama with the same question with which t sent me to `Aisha. Um Salama replied, "I heard the Prophet forbidding them. Later I saw him offering them immediately after he prayed the `Asr prayer. He then entered my house at a time when some of the Ansari women from the tribe of Bani Haram were sitting with me, so I sent my slave girl to him having said to her, 'Stand beside him and tell him that Um Salama says to you, "O Allah's Apostle! I have heard you forbidding the offering of these (two rak`at after the `Asr prayer) but I have seen you offering them." If he waves his hand then wait for him.' The slave girl did that. The Prophet beckoned her with his hand and she waited for him. When he had finished the prayer he said, "O daughter of Bani Umaiya! You have asked me about the two rak`at after the `Asr prayer. The people of the tribe of `Abdul-Qais came to me and made me busy and I could not offer the two rak`at after the Zuhr prayer. These (two rak`at that I have just prayed) are for those (missed) ones.

That Kuraib, the freed slave of Ibn `Abbas told him that Ibn `Abbas, `Abdur-Rahman bin Azhar and Al-Miswar bin Makhrama sent him to `Aisha saying, "Pay her our greetings and ask her about our offering of the two-rak`at after `Asr Prayer, and tell her that we have been informed that you offer these two rak`at while we have heard that the Prophet had forbidden their offering." Ibn `Abbas said, "I and `Umar used to beat the people for their offering them." Kuraib added, "I entered upon her and delivered their message to her.' She said, 'Ask Um Salama.' So, I informed them (of `Aisha's answer) and they sent me to Um Salama for the same purpose as they sent me to `Aisha. Um Salama replied, 'I heard the Prophet forbidding the offering of these two rak`at. Once the Prophet offered the `Asr prayer, and then came to me. And at that time some Ansari women from the Tribe of Banu Haram were with me. Then (the Prophet ) offered those two rak`at, and I sent my (lady) servant to him, saying, 'Stand beside him and say (to him): Um Salama says, 'O Allah's Apostle! Didn't I hear you forbidding the offering of these two rak`at (after the `Asr prayer yet I see you offering them?' And if he beckons to you with his hand, then wait behind.' So the lady slave did that and the Prophet beckoned her with his hand, and she stayed behind, and when the Prophet finished his prayer, he said, 'O the daughter of Abu Umaiya (i.e. Um Salama), You were asking me about these two rak`at after the `Asr prayer. In fact, some people from the tribe of `Abdul Qais came to me to embrace Islam and busied me so much that I did not offer the two rak`at which were offered after Zuhr compulsory prayer, and these two rak`at (you have seen me offering) make up for those."

We fought one of our battle, and encamped at a certain place. One of our companions sold a horse for a slave. After that they remained there for the rest of day and night. When the next morning came, they prepared themselves for departure. The buyer of the horse began to saddle it, but the seller was ashamed (of the transaction). He went to the man (buyer) and asked him to annul the transaction. The man refused to hand it over (the horse) to him.

He said: AbuBarzah, the companion of the Prophet (saws), is to decide between me and you. They went to AbuBarzah in the corner of the army. They related this story to him.

He said: Do you agree that I make a decision between you on the basis of the decision of the Messenger of Allah (saws)?

The Messenger of Allah (saws) said: Both parties in a business transaction have an option (right) to annul it so long as they have not separated.

Hisham to Hassan said that Jamil said in his version: "I do not think that you separated."

On the day of the conquest of Mecca, Abdullah ibn Sa'd ibn AbuSarh hid himself with Uthman ibn Affan.

He brought him and made him stand before the Prophet (saws), and said: Accept the allegiance of Abdullah, Messenger of Allah! He raised his head and looked at him three times, refusing him each time, but accepted his allegiance after the third time.

Then turning to his companions, he said: Was not there a wise man among you who would stand up to him when he saw that I had withheld my hand from accepting his allegiance, and kill him?

They said: We did not know what you had in your heart, Messenger of Allah! Why did you not give us a signal with your eye?

He said: It is not advisable for a Prophet to play deceptive tricks with the eyes.