Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.

"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.

"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.

"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .

"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)

When the Prophet had finished from the battle of Hunain, he sent Abu Amir at the head of an army to Autas He (i.e. Abu Amir) met Duraid bin As Summa and Duraid was killed and Allah defeated his companions. The Prophet sent me with Abu 'Amir. Abu Amir was shot at his knee with an arrow which a man from Jushm had shot and fixed into his knee. I went to him and said, "O Uncle! Who shot you?" He pointed me out (his killer) saying, "That is my killer who shot me (with an arrow)." So I headed towards him and overtook him, and when he saw me, he fled, and I followed him and started saying to him, "Won't you be ashamed? Won't you stop?" So that person stopped, and we exchanged two hits with the swords and I killed him. Then I said to Abu 'Amir. "Allah has killed your killer." He said, "Take out this arrow" So I removed it, and water oozed out of the wound. He then said, "O son of my brother! Convey my compliments to the Prophet and request him to ask Allah's Forgiveness for me." Abu Amir made me his successor in commanding the people (i.e. troops). He survived for a short while and then died. (Later) I returned and entered upon the Prophet at his house, and found him lying in a bed made of stalks of date-palm leaves knitted with ropes, and on it there was bedding. The strings of the bed had their traces over his back and sides. Then I told the Prophet about our and Abu Amir's news and how he had said "Tell him to ask for Allah's Forgiveness for me." The Prophet asked for water, performed ablution and then raised hands, saying, "O Allah's Forgive `Ubaid, Abu Amir." At that time I saw the whiteness of the Prophet's armpits. The Prophet then said, "O Allah, make him (i.e. Abu Amir) on the Day of Resurrection, superior to many of Your human creatures." I said, "Will you ask Allah's Forgiveness for me?" (On that) the Prophet said, "O Allah, forgive the sins of `Abdullah bin Qais and admit him to a nice entrance (i.e. paradise) on the Day of Resurrection." Abu Burda said, "One of the prayers was for Abu 'Amir and the other was for Abu Musa (i.e. `Abdullah bin Qais).

(wife of the Prophet) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad- Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu- Bakr continued worshipping his Lord in his house and did not pray or recite Qur'an aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Qur'an. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Qur'an in public. We are afraid lest he mislead our women and offspring. So, go to him and tell him that if he wishes he can worship his Lord in his house only, and if not, then tell him to return your pledge of protection as we do not like to betray you by revoking your pledge, nor can we tolerate Abu Bakr's public declaration of Islam (his worshipping). `Aisha added: Ibn Ad-Daghna came to Abu Bakr and said, "You know the conditions on which I gave you protection, so you should either abide by those conditions or revoke my protection, as I do not like to hear the 'Arabs saying that Ibn Ad-Daghna gave the pledge of protection to a person and his people did not respect it." Abu Bakr said, "I revoke your pledge of protection and am satisfied with Allah's protection." At that time Allah's Apostle was still in Mecca and he said to his companions, "Your place of emigration has been shown to me. I have seen salty land, planted with date-palms and situated between two mountains which are the two ,Harras." So, when the Prophet told it, some of the companions migrated to Medina, and some of those who had migrated to Ethiopia returned to Medina. When Abu Bakr prepared for emigration, Allah's Apostle said to him, "Wait, for I expect to be permitted to emigrate." Abu Bakr asked, "May my father be sacrificed for your sake, do you really expect that?" Allah's Apostle replied in the affirmative. So, Abu Bakr postponed his departure in order to accompany Allah's Apostle and fed two camels which he had, with the leaves of Samor trees for four months.

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."

Urwah ibn az-Zubayr reported from Fatimah daughter of AbuHubaysh that her blood kept flowing, so the Prophet (saws) said to her: When the blood of the menses comes, it is black blood which can be recognised; so when that comes, refrain from prayer; but when a different type of blood comes, perform ablution and pray, for it is (due only to) a vein.

Abu Dawud said: Ibn al-Muthanna narrates this tradition from his book on the authority of Ibn 'Adi in a similar way. Later on he transmitted it to us from his memory: Muhammad b. 'Amr reported to us from al-Zuhri from 'Urwah on the authority of 'Aishah who said: Fatimah used to have her blood flowing. He then reported the tradition conveying the same meaning.

Abu Dawud said: Anas b. Sirin reported from Ibn 'Abbas about the woman who has a prolonged flow of blood. He said: If she sees thick blood, she should not pray; if she finds herself purified even for a moment, she should was an pray.

Makhul said: Menses are not hidden from women. Their blood is black and thick. When it (blackness and thickness) goes away and there appears yellowness and liquidness, that is the flow of blood (from vein). She should wash and pray.

Abu Dawud said: This tradition has been transmitted by Sa'id b. al-Musayyab through a different chain of narrators, saying: The woman who has a prolonged flow of blood should abandon prayer when the menstruation begins; when it is finished, she should wash and pray.

Sumayy and others have also reported it from Sa'id b. al-Musayyab. This version adds: She should refrain (from prayer) during her menstrual period.

Hammad b. Salamah has reported it similarly from Yahya b. Sa'id on the authority of Sa'id b. al-Musayyab.

Abu Dawud said: Yunus has reported from Al-Hasan: When the bleeding of a menstruating woman extends (beyond the normal period), she should refrain (from prayer), after her menses are over, for one or two days. Now she becomes the woman who has a prolonged flow of blood.

Al-Taimi reported from Qatadah: If her menstrual period is prolonged by five days, she should pray. Al-Taimi said: I kept on reducing (the number of days) until I reached two days. He said: If the period extends by two days, they will be counted from the menstrual period. When Ibn Sirin was questioned about it, he said: Women have better knowledge of that.

Prayer passed through three stages and fasting also passed through three stages. The narrator Nasr reported the rest of the tradition completely. The narrator, Ibn al-Muthanna, narrated the story of saying prayer facing in the direction of Jerusalem.

He said: The third stage is that the Messenger of Allah (saws) came to Medina and prayed, i.e. facing Jerusalem, for thirteen months.

Then Allah, the Exalted, revealed the verse: "We have seen thee turning thy face to Heaven (for guidance, O Muhammad). And now verily We shall make thee turn (in prayer) toward a qiblah which is dear to thee. So turn thy face toward the Inviolable Place of Worship, and ye (O Muslims), wherever ye may be, turn your face (when ye pray) toward it" (ii.144). And Allah, the Reverend and the Majestic, turned (them) towards the Ka'bah. He (the narrator) completed his tradition.

The narrator, Nasr, mentioned the name of the person who had the dream, saying: And Abdullah ibn Zayd, a man from the Ansar, came. The same version reads: And he turned his face towards the qiblah and said: Allah is most great, Allah is most great; I testify that there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah; come to prayer (he pronounced it twice), come to salvation (he pronounced it twice); Allah is Most Great, Allah is most great. He then paused for a while, and then got up and pronounced in a similar way, except that after the phrase "Come to salvation" he added. "The time for prayer has come, the time for prayer has come."

The Messenger of Allah (saws) said: Teach it to Bilal, then pronounce the adhan (call to prayer) with the same words. As regards fasting, he said: The Messenger of Allah (saws) used to fast for three days every month, and would fast on the tenth of Muharram. Then Allah, the Exalted, revealed the verse: ".......Fasting was prescribed for those before you, that ye may ward off (evil)......and for those who can afford it there is a ransom: the feeding of a man in need (ii.183-84). If someone wished to keep the fast, he would keep the fast; if someone wished to abandon the fast, he would feed an indigent every day; it would do for him. But this was changed. Allah, the Exalted, revealed: "The month of Ramadan in which was revealed the Qur'an ..........(let him fast the same) number of other days" (ii.185).

Hence the fast was prescribed for the one who was present in the month (of Ramadan) and the traveller was required to atone (for them); feeding (the indigent) was prescribed for the old man and woman who were unable to fast. (The narrator, Nasr, further reported): The companion Sirmah, came after finishing his day's work......and he narrated the rest of the tradition.

The Prophet said, "While three men were walking, It started raining and they took shelter (refuge) in a cave in a mountain. A big rock rolled down from the mountain and closed the mouth of the cave. They said to each other, "Think of good deeds which you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that He may remove this rock from you." One of them said, 'O Allah! I had old parents and small children and I used to graze the sheep for them. On my return to them in the evening, I used to milk (the sheep) and start providing my parents first of all before my children. One day I was delayed and came late at night and found my parents sleeping. I milked (the sheep) as usual and stood by their heads. I hated to wake them up and disliked to give milk to my children before them, although my children were weeping (because of hunger) at my feet till the day dawned. O Allah! If I did this for Your sake only, kindly remove the rock so that we could see the sky through it.' So, Allah removed the rock a little and they saw the sky. The second man said, 'O Allah! I was in love with a cousin of mine like the deepest love a man may have for a woman. I wanted to outrage her chastity but she refused unless I gave her one hundred Dinars. So, I struggled to collect that amount. And when I sat between her legs, she said, 'O Allah's slave! Be afraid of Allah and do not deflower me except rightfully (by marriage).' So, I got up. O Allah! If I did it for Your sake only, please remove the rock.' The rock shifted a little more. Then the third man said, 'O Allah! I employed a laborer for a Faraq of rice and when he finished his job and demanded his right, I presented it to him, but he refused to take it. So, I sowed the rice many time till I gathered cows and their shepherd (from the yield). (Then after some time) He came and said to me, 'Fear Allah (and give me my right)." I said, 'Go and take those cows and the shepherd.' He said, 'Be afraid of Allah! Don't mock at me.' I said, 'I am not mocking at you. Take (all that).' So, he took all that. O Allah! If I did that for Your sake only, please remove the rest of the rock.' So, Allah removed the rock."

We went out to Khaibar in the company of the Prophet. While we were proceeding at night, a man from the group said to 'Amir, "O 'Amir! Won't you let us hear your poetry?" 'Amir was a poet, so he got down and started reciting for the people poetry that kept pace with the camels' footsteps, saying:-- "O Allah! Without You we Would not have been guided On the right path Neither would be have given In charity, nor would We have prayed. So please forgive us, what we have committed (i.e. our defects); let all of us Be sacrificed for Your Cause And send Sakina (i.e. calmness) Upon us to make our feet firm When we meet our enemy, and If they will call us towards An unjust thing, We will refuse. The infidels have made a hue and Cry to ask others' help Against us." The Prophet on that, asked, "Who is that (camel) driver (reciting poetry)?" The people said, "He is 'Amir bin Al-Akwa`." Then the Prophet said, "May Allah bestow His Mercy on him." A man amongst the people said, "O Allah's Prophet! has (martyrdom) been granted to him. Would that you let us enjoy his company longer." Then we reached and besieged Khaibar till we were afflicted with severe hunger. Then Allah helped the Muslims conquer it (i.e. Khaibar). In the evening of the day of the conquest of the city, the Muslims made huge fires. The Prophet said, "What are these fires? For cooking what, are you making the fire?" The people replied, "(For cooking) meat." He asked, "What kind of meat?" They (i.e. people) said, "The meat of donkeys." The Prophet said, "Throw away the meat and break the pots!" Some man said, "O Allah's Apostle! Shall we throw away the meat and wash the pots instead?" He said, "(Yes, you can do) that too." So when the army files were arranged in rows (for the clash), 'Amir's sword was short and he aimed at the leg of a Jew to strike it, but the sharp blade of the sword returned to him and injured his own knee, and that caused him to die. When they returned from the battle, Allah's Apostle saw me (in a sad mood). He took my hand and said, "What is bothering you?" I replied, "Let my father and mother be sacrificed for you! The people say that the deeds of 'Amir are lost." The Prophet said, "Whoever says so, is mistaken, for 'Amir has got a double reward." The Prophet raised two fingers and added, "He (i.e. Amir) was a persevering struggler in the Cause of Allah and there are few 'Arabs who achieved the like of (good deeds) 'Amir had done."

Abu Dawud said: This tradition has been transmitted from al-Zuhri by Ma'mar, Malik, Ibn 'Uyainah, Shu'aib b. Abi Hamzah, and al-Laith b. Sa'd and others; but they did not mention the time in which he (the Prophet) had prayer, nor did they explain it. And similarly it has been narrated by Hisham b. 'Urwah and Habib b. Abu Mazruq from 'Urwah like the report of Ma'mar and his companions. But Habib did not make a mention of Bashir. And Wahb b. Kaisan reported on the authority of Jabir from the Prophet (saws) the time of the Maghrib prayer. He said: "Next day he (Gabriel) came to him at the time of the Maghrib prayer when the sun had already set. (He came both days) at the same time."

Abu Dawud said: Similarly, this tradition has been transmitted by Abu Hurairah from the Prophet (saws). He said: "Then he (Gabriel) led me in the sunset prayer next day at the same time."

Similarly, this tradition has been narrated through a different chain by 'Abd Allah b. 'Amr b. al-'As, through a chain from Hassan b. 'Atiyyah, from 'Amr b. Shu'aib, from his father, on the authority from the Prophet (saws).

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.")

While I was at home, the sun rose high and it got hot. Suddenly the messenger of `Umar bin Al- Khattab came to me and said, "The chief of the believers has sent for you." So, I went along with him till I entered the place where `Umar was sitting on a bedstead made of date-palm leaves and covered with no mattress, and he was leaning over a leather pillow. I greeted him and sat down. He said, "O Mali! Some persons of your people who have families came to me and I have ordered that a gift should be given to them, so take it and distribute it among them." I said, "O chief of the believers! I wish that you order someone else to do it." He said, "O man! Take it." While I was sitting there with him, his doorman Yarfa' came saying, "`Uthman, `Abdur-Rahman bin `Auf, Az-Zubair and Sa`d bin Abi Waqqas are asking your permission (to see you); may I admit them?" `Umar said, "Yes", So they were admitted and they came in, greeted him, and sat down. After a while Yarfa' came again and said, "May I admit `Ali and `Abbas?" `Umar said, "yes." So, they were admitted and they came in and greeted (him) and sat down. Then `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali)." They had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai. The group (i.e. `Uthman and his companions) said, "O chief of the believers! Judge between them and relieve both of them front each other." `Umar said, "Be patient! I beseech you by Allah by Whose Permission the Heaven and the Earth exist, do you know that Allah's Apostle said, 'Our (i.e. prophets') property will not be inherited, and whatever we leave, is Sadaqa (to be used for charity),' and Allah's Apostle meant himself (by saying "we'')?" The group said, "He said so." `Umar then turned to `Ali and `Abbas and said, "I beseech you by Allah, do you know that Allah's Apostle said so?" They replied, " He said so." `Umar then said, "So, I will talk to you about this matter. Allah bestowed on His Apostle with a special favor of something of this Fai (booty) which he gave to nobody else." `Umar then recited the Holy Verses: "What Allah bestowed as (Fai) Booty on his Apostle (Muhammad) from them --- for this you made no expedition with either cavalry or camelry: But Allah gives power to His Apostles over whomever He will 'And Allah is able to do all things." 9:6) `Umar added "So this property was especially given to Allah's Apostle, but, by Allah, neither did he take possession of it and leave your, nor did he favor himself with it to your exclusion, but he gave it to all of you and distributed it amongst you till this property remained out of it. Allah's Apostle used to spend the yearly expenses of his family out of this property and used to keep the rest of its revenue to be spent on Allah 's Cause. Allah 's Apostle kept on doing this during all his lifetime. I ask you by Allah do you know this?" They replies in the affirmative. `Umar then said to `Ali and `Abbas. "I ask you by Allah, do you know this?" `Umar added, "When Allah had taken His Prophet unto Him, 'Abu Bakr said, 'I am the successor of Allah's Apostle so, Abu Bakr took over that property and managed it in the same way as Allah's Apostle used to do, and Allah knows that he was true, pious and rightlyguided, and he was a follower of what was right. Then Allah took Abu Bakr unto Him and I became Abu Bakr's successor, and I kept that property in my possession for the first two years of my Caliphate, managing it in the same way as Allah's Apostle used to do and as Abu Bakr used to do, and Allah knows that I have been true, pious, rightly guided, and a follower of what is right. Now you both (i.e. 'Ah and `Abbas) came to talk to me, bearing the same claim and presenting the same case; you, `Abbas, came to me asking for your share from your nephew's property, and this man, i.e. `Ali, came to me asking for his wife's share from her father's property. I told you both that Allah's Apostle said, 'Our (prophets') properties are not to be inherited, but what we leave is Sadaqa (to be used for charity).' When I thought it right that I should hand over this property to you, I said to you, 'I am ready to hand over this property to you if you wish, on the condition that you would take Allah's Pledge and Convention that you would manage it in the same way as Allah's Apostle used to, and as Abu Bakr used to do, and as I have done since I was in charge of it.' So, both of you said (to me), 'Hand it over to us,' and on that condition I handed it over to you. So, I ask you by Allah, did I hand it over to them on this condition?" The group aid, "Yes." Then `Umar faced `Ali and `Abbas saying, "I ask you by Allah, did I hand it over to you on this condition?" They said, "Yes. " He said, " Do you want now to give a different decision? By Allah, by Whose Leave both the Heaven and the Earth exist, I will never give any decision other than that (I have already given). And if you are unable to manage it, then return it to me, and I will do the job on your behalf."

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

We went out with Allah's Apostle to Khaibar and we travelled during the night. A man amongst the people said to 'Amir bin Al-Aqwa', "Won't you let us hear your poetry?" 'Amir was a poet, and so he got down and started (chanting Huda) reciting for the people, poetry that keep pace with the camel's foot steps, saying, "O Allah! Without You we would not have been guided on the right path, neither would we have given in charity, nor would we have prayed. So please forgive us what we have committed. Let all of us be sacrificed for Your cause and when we meet our enemy, make our feet firm and bestow peace and calmness on us and if they (our enemy) will call us towards an unjust thing we will refuse. The infidels have made a hue and cry to ask others help against us. Allah's Apostle said, "Who is that driver (of the camels)?" They said, "He is 'Amir bin Al-Aqwa."' He said, "May Allah bestow His mercy on him." A man among the people said, Has Martyrdom been granted to him, O Allah's Prophet! Would that you let us enjoy his company longer." We reached (the people of) Khaibar and besieged them till we were stricken with severe hunger but Allah helped the Muslims conquer Khaibar. In the evening of its conquest the people made many fires. Allah's Apostle asked, "What are those fires? For what are you making fires?" They said, "For cooking meat." He asked, "What kind of meat?" They said, "Donkeys' meat." Allah's Apostle said, "Throw away the meat and break the cooking pots." A man said, O Allah's Apostle! Shall we throw away the meat and wash the cooking pots?" He said, "You can do that too." When the army files aligned in rows (for the battle), 'Amir's sword was a short one, and while attacking a Jew with it in order to hit him, the sharp edge of the sword turned back and hit 'Amir's knee and caused him to die. When the Muslims returned (from the battle), Salama said, Allah's Apostle saw me pale and said, 'What is wrong with you?"' I said, "Let my parents be sacrificed for you! The people claim that all the deeds of Amir have been annulled." The Prophet asked, "Who said so?" I replied, "So-and-so and soand- so and Usaid bin Al-Hudair Al-Ansari said, 'Whoever says so is telling a lie. Verily, 'Amir will have double reward."' (While speaking) the Prophet put two of his fingers together to indicate that, and added, "He was really a hard-working man and a Mujahid (devout fighter in Allah's Cause) and rarely have there lived in it (i.e., Medina or the battle-field) an "Arab like him."

Abu `Abdur-Rahman and Hibban bin 'Atiyya had a dispute. Abu `Abdur-Rahman said to Hibban, "You know what made your companions (i.e. `Ali) dare to shed blood." Hibban said, "Come on! What is that?" `Abdur-Rahman said, "Something I heard him saying." The other said, "What was it?" `AbdurRahman said, "`Ali said, Allah's Apostle sent for me, Az-Zubair and Abu Marthad, and all of us were cavalry men, and said, 'Proceed to Raudat-Hajj (Abu Salama said that Abu 'Awana called it like this, i.e., Hajj where there is a woman carrying a letter from Hatib bin Abi Balta'a to the pagans (of Mecca). So bring that letter to me.' So we proceeded riding on our horses till we overtook her at the same place of which Allah's Apostle had told us. She was traveling on her camel. In that letter Hatib had written to the Meccans about the proposed attached of Allah's Apostle against them. We asked her, "Where is the letter which is with you?' She replied, 'I haven't got any letter.' So we made her camel kneel down and searched her luggage, but we did not find anything. My two companions said, 'We do not think that she has got a letter.' I said, 'We know that Allah's Apostle has not told a lie.'" Then `Ali took an oath saying, "By Him by Whom one should swear! You shall either bring out the letter or we shall strip off your clothes." She then stretched out her hand for her girdle (round her waist) and brought out the paper (letter). They took the letter to Allah's Apostle. `Umar said, "O Allah's Apostle! (Hatib) has betrayed Allah, His Apostle and the believers; let me chop off his neck!" Allah's Apostle said, "O Hatib! What obliged you to do what you have done?" Hatib replied, "O Allah's Apostle! Why (for what reason) should I not believe in Allah and His Apostle? But I intended to do the (Mecca) people a favor by virtue of which my family and property may be protected as there is none of your companions but has some of his people (relatives) whom Allah urges to protect his family and property." The Prophet said, "He has said the truth; therefore, do not say anything to him except good." `Umar again said, "O Allah's Apostle! He has betrayed Allah, His Apostle and the believers; let me chop his neck off!" The Prophet said, "Isn't he from those who fought the battle of Badr? And what do you know, Allah might have looked at them (Badr warriors) and said (to them), 'Do what you like, for I have granted you Paradise?' " On that, `Umar's eyes became flooded with tears and he said, "Allah and His Apostle know best."

I heard Allah's Apostle saying, "Three men from among those who were before you, set out together till they reached a cave at night and entered it. A big rock rolled down the mountain and closed the mouth of the cave. They said (to each other), Nothing could save you from this rock but to invoke Allah by giving reference to the righteous deed which you have done (for Allah's sake only).' So, one of them said, 'O Allah! I had old parents and I never provided my family (wife, children etc.) with milk before them. One day, by chance I was delayed, and I came late (at night) while they had slept. I milked the sheep for them and took the milk to them, but I found them sleeping. I disliked to provide my family with the milk before them. I waited for them and the bowl of milk was in my hand and I kept on waiting for them to get up till the day dawned. Then they got up and drank the milk. O Allah! If I did that for Your Sake only, please relieve us from our critical situation caused by this rock.' So, the rock shifted a little but they could not get out." The Prophet added, "The second man said, 'O Allah! I had a cousin who was the dearest of all people to me and I wanted to have sexual relations with her but she refused. Later she had a hard time in a famine year and she came to me and I gave her one-hundred-and-twenty Dinars on the condition that she would not resist my desire, and she agreed. When I was about to fulfill my desire, she said: It is illegal for you to outrage my chastity except by legitimate marriage. So, I thought it a sin to have sexual intercourse with her and left her though she was the dearest of all the people to me, and also I left the gold I had given her. O Allah! If I did that for Your Sake only, please relieve us from the present calamity.' So, the rock shifted a little more but still they could not get out from there." The Prophet added, "Then the third man said, 'O Allah! I employed few laborers and I paid them their wages with the exception of one man who did not take his wages and went away. I invested his wages and I got much property thereby. (Then after some time) he came and said to me: O Allah's slave! Pay me my wages. I said to him: All the camels, cows, sheep and slaves you see, are yours. He said: O Allah's slave! Don't mock at me. I said: I am not mocking at you. So, he took all the herd and drove them away and left nothing. O Allah! If I did that for Your Sake only, please relieve us from the present suffering.' So, that rock shifted completely and they got out walking.

Abu Bakr came to my father who was at home and purchased a saddle from him. He said to `Azib. "Tell your son to carry it with me." So I carried it with him and my father followed us so as to take the price (of the saddle). My father said, "O Abu Bakr! Tell me what happened to you on your night journey with Allah's Apostle (during Migration)." He said, "Yes, we travelled the whole night and also the next day till midday. when nobody could be seen on the way ( because of the severe heat) . Then there appeared a long rock having shade beneath it, and the sunshine had not come to it yet. So we dismounted there and I levelled a place and covered it with an animal hide or dry grass for the Prophet to sleep on (for a while). I then said, 'Sleep, O Allah's Apostle, and I will guard you.' So he slept and I went out to guard him. Suddenly I saw a shepherd coming with his sheep to that rock with the same intention we had when we came to it. I asked (him). 'To whom do you belong, O boy?' He replied, 'I belong to a man from Medina or Mecca.' I said, 'Do your sheep have milk?' He said, 'Yes.' I said, 'Will you milk for us?' He said, 'Yes.' He caught hold of a sheep and I asked him to clean its teat from dust, hairs and dirt. (The sub-narrator said that he saw Al-Bara' striking one of his hands with the other, demonstrating how the shepherd removed the dust.) The shepherd milked a little milk in a wooden container and I had a leather container which I carried for the Prophet to drink and perform the ablution from. I went to the Prophet, hating to wake him up, but when I reached there, the Prophet had already awakened; so I poured water over the middle part of the milk container, till the milk was cold. Then I said, 'Drink, O Allah's Apostle!' He drank till I was pleased. Then he asked, 'Has the time for our departure come?' I said, 'Yes.' So we departed after midday. Suraqa bin Malik followed us and I said, 'We have been discovered, O Allah's Apostle!' He said, Don't grieve for Allah is with us.' The Prophet invoked evil on him (i.e. Suraqa) and so the legs of his horse sank into the earth up to its belly. (The subnarrator, Zuhair is not sure whether Abu Bakr said, "(It sank) into solid earth.") Suraqa said, 'I see that you have invoked evil on me. Please invoke good on me, and by Allah, I will cause those who are seeking after you to return.' The Prophet invoked good on him and he was saved. Then, whenever he met somebody on the way, he would say, 'I have looked for him here in vain.' So he caused whomever he met to return. Thus Suraqa fulfilled his promise."

Yahya said that he heard Malik speak about someone who pledged goods as security for a loan, and they perished with the broker. The one who took out the loan confirmed its specification. They agreed on the amount of the loan, but challenged each other about the value of the pledge, the pledger saying that it had been worth twenty dinars, whilst the broker said that it had been worth only ten, and that the amount loaned on security was twenty dinars. Malik said, "It is said to the one in whose hand the pledge is, 'describe it.' If he describes it he is made to take an oath on it and then the people of experience evaluate that description. If the value is more than what was loaned on security for it, it is said to the broker, 'Return the rest of his due to the pledger.' If the value is less than what was loaned on security for it, the broker takes the rest of his due from the pledger. If the value is the exact amount of the loan, the pledge is compensated for by the loan."

Yahya said that he heard Malik say, "What is done in our community about two men who have a dispute about an amount of money loaned on the security of a pledge - the pledger claiming that he pledged it for ten dinars and the broker insisting that he took the pledge as security for twenty dinars, and the pledge is clearly in the possession of the broker - is that the broker is made to take an oath when the value of the pledge is fully known. If the value of the pledge is exactly what he swore that he had loaned on security for it, the broker takes the pledge as his right. He is more entitled to take precedence with an oath since he has possession of the pledge. If the owner of the pledge wants to give him the amount which he swore that he was owed, he can take the pledge back. If the pledge is worth less than the twenty dinars he loaned, then it is said to the pledger, 'Either you give him what he has sworn to and take your pledge back, or you swear to what you said you pledged it for.' If the pledger takes the oath, then what the broker has increased over the value of the pledge will become invalid. If the pledger does not take an oath, he must pay what the broker swore to."

Malik said, "If a pledge given on security for a loan perishes, and both parties deny each other's rights, with the broker who is owed the loan saying that he gave twenty dinars, and the pledger who owes the loan saying that he was given only ten, and with the broker who is owed the loan saying the pledge was worth ten dinars, and the broker who owes the loan saying it was worth twenty, then the broker who is owed the loan is asked to describe the pledge. If he describes it, he must take an oath on its description. Then people with experience of it evaluate that description. If the value of the pledge is estimated to be more than what the broker claims it was, he takes an oath as to what he claimed, and the pledger is given what is over from the value of the pledge. If its value is less than what the broker claims of it, he is made to take an oath as to what he claims is his. Then he demands settlement according to the actual value of the pledge. The one who owes the loan is then made to take an oath on the extra amount which remains owing against him to the claimant after the price of the pledge is reached. That is because the broker becomes a claimant against the pledger. If he takes an oath, the rest of what the broker swore to of what he claimed above the value of the pledge is invalidated. If he draws back, he is bound to pay what remains due to the broker after the value of the pledge."

Malik said, "The best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured, he surrenders him. The master does not have to do more than surrender his slave."

Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said, "If any of them does an injury involving blood-money, he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay, they are confirmed in their kitaba. If they do not pay, and they are incapable then their master has an option. If he wishes, he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes, he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused."

Malik said, "The way of doing things about which there is no dispute among us, is that when a mukatab is injured in some way which entails blood-money or one of the mukatab's children who is written with him in the kitaba is injured, their blood-money is the blood-money of slaves of their value, and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury."

Malik said, "The explanation of that is say, for example, he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams, he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba, the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed, with a hand cut off, or crippled in body. His master only wrote his kitaba against his property and earnings, and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba, or their kitaba is written, to the master and he takes it into account for him at the end of his kitaba."

Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

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).

(the wife of the Prophet) The commencement (of the Divine Inspiration) to Allah's Apostle was in the form of true dreams in his sleep, for he never had a dream but it turned out to be true and clear as the bright daylight. Then he began to like seclusions, so he used to go in seclusion in the cave of Hira where he used to worship Allah continuously for many nights before going back to his family to take the necessary provision (of food) for the stay. He come back to (his wife) Khadija again to take his provision (of food) likewise, till one day he received the Guidance while he was in the cave of Hira. An Angel came to him and asked him to read. Allah's Apostle replied, "I do not know how to read." The Prophet added, "Then the Angel held me (forcibly) and pressed me so hard that I felt distressed. Then he released me and again asked me to read, and I replied, 'I do not know how to read.' Thereupon he held me again and pressed me for the second time till I felt distressed. He then released me and asked me to read, but again I replied. 'I do not know how to read.' Thereupon he held me for the third time and pressed me till I got distressed, and then he released me and said, 'Read, in the Name of your Lord Who has created (all that exists), has created man out of a clot, Read! And your Lord is the Most Generous. Who has taught (the writing) by the pen, has taught man that which he knew not." (96.1-5). Then Allah's Apostle returned with that experience; and the muscles between his neck and shoulders were trembling till he came upon Khadija (his wife) and said, "Cover me!" They covered him, and when the state of fear was over, he said to Khadija, "O Khadija! What is wrong with me? I was afraid that something bad might happen to me." Then he told her the story. Khadija said, "Nay! But receive the good tidings! By Allah, Allah will never disgrace you, for by Allah, you keep good relations with your Kith and kin, speak the truth, help the poor and the destitute, entertain your guests generously and assist those who are stricken with calamities." Khadija then took him to Waraqa bin Naufil, the son of Khadija's paternal uncle. Waraqa had been converted to Christianity in the Pre-lslamic Period and used to write Arabic and write of the Gospel in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said (to Waraqa), "O my cousin! Listen to what your nephew is going to say." Waraqa said, "O my nephew! What have you seen?" The Prophet then described whatever he had seen. Waraqa said, "This is the same Angel (Gabriel) who was sent to Moses. I wish I were young." He added some other statement. Allah's Apostle asked, "Will these people drive me out?" Waraqa said, "Yes, for nobody brought the like of what you have brought, but was treated with hostility. If I were to remain alive till your day (when you start preaching). then I would support you strongly." But a short while later Waraqa died and the Divine Inspiration was paused (stopped) for a while so that Allah's Apostle was very much grieved.

I performed ablution in my house and then went out and said, "Today I shall stick to Allah's Apostle and stay with him all this day of mine (in his service)." I went to the Mosque and asked about the Prophet . They said, "He had gone in this direction." So I followed his way, asking about him till he entered a place called Bir Aris. I sat at its gate that was made of date-palm leaves till the Prophet finished answering the call of nature and performed ablution. Then I went up to him to see him sitting at the well of Aris at the middle of its edge with his legs uncovered, hanging in the well. I greeted him and went back and sat at the gate. I said, "Today I will be the gatekeeper of the Prophet." Abu Bakr came and pushed the gate. I asked, "Who is it?" He said, "Abu Bakr." I told him to wait, went in and said, "O Allah's Apostle! Abu Bakr asks for permission to enter." He said, "Admit him and give him the glad tidings that he will be in Paradise." So I went out and said to Abu Bakr, "Come in, and Allah's Apostle gives you the glad tidings that you will be in Paradise" Abu Bakr entered and sat on the right side of Allah's Apostle on the built edge of the well and hung his legs n the well as the Prophet did and uncovered his legs. I then returned and sat (at the gate). I had left my brother performing ablution and he intended to follow me. So I said (to myself). "If Allah wants good for so-and-so (i.e. my brother) He will bring him here." Suddenly somebody moved the door. I asked, "Who is it?" He said, "`Umar bin Al-Khattab." I asked him to wait, went to Allah's Apostle, greeted him and said, `Umar bin Al-Khattab asks the permission to enter." He said, "Admit him, and give him the glad tidings that he will be in Paradise." I went to "`Umar and said "Come in, and Allah's Apostle, gives you the glad tidings that you will be in Paradise." So he entered and sat beside Allah's Apostle on the built edge of the well on the left side and hung his legs in the well. I returned and sat (at the gate) and said, (to myself), "If Allah wants good for so-and-so, He will bring him here." Somebody came and moved the door. I asked "Who is it?" He replied, "Uthman bin `Affan." I asked him to wait and went to the Prophet and informed him. He said, "Admit him, and give him the glad tidings of entering Paradise, I asked him to wait and went to the Prophet and informed him. He said, "Adult him, and give him the glad tidings of entering Paradise after a calamity that will befall him." So I went up to him and said to him, "Come in; Allah's Apostle gives you the glad tidings of entering Paradise after a calamity that will befall you. "Uthman then came in and found that the built edge of the well was occupied, so he sat opposite to the Prophet on the other side. Sa`id bin Al-Musaiyab said, "I interpret this (narration) in terms of their graves."

When Abu Dhar received the news of the Advent of the Prophet he said to his brother, "Ride to this valley (of Mecca) and try to find out the truth of the person who claims to be a prophet who is informed of the news of Heaven. Listen to what he says and come back to me." So his brother set out and came to the Prophet and listened to some of his talks, and returned to Abu Dhar and said to him. "I have seen him enjoining virtuous behavior and saying something that is not poetry." Abu Dhar said, "You have not satisfied me as to what I wanted." He then took his journey-food and carried a waterskin of his, containing some water till be reached Mecca. He went to the Mosque and searched for the Prophet and though he did not know him, he hated to ask anybody about him. When a part of the night had passed away, `Ali saw him and knew that he was a stranger. So when Abu Dhar saw `Ali, he followed him, and none of them asked his companion about anything, and when it was dawn, Abu Dhar took his journey food and his water-skin to the Mosque and stayed there all the day long without being perceived by the Prophet, and when it was evening, he came back to his retiring place. `Ali passed by him and said, "Has the man not known his dwelling place yet?" So `Ali awakened him and took him with him and none of them spoke to the other about anything. When it was the third day. `Ali did the same and Abu Dhar stayed with him. Then `Ali said "Will you tell me what has brought you here?" Abu Dhar said, "If you give me a firm promise that you will guide me, then I will tell you." `Ali promised him, and he informed `Ali about the matter. `Ali said, "It is true, and he is the Apostle of Allah. Next morning when you get up, accompany me, and if I see any danger for you, I will stop as if to pass water, but if I go on, follow me and enter the place which I will enter." Abu Dhar did so, and followed `Ali till he entered the place of the Prophet, and Abu Dhar went in with him, Abu Dhar listened to some of the Prophet's talks and embraced Islam on the spot. The Prophet said to him, "Go back to your people and inform them (about it) till you receive my order." Abu Dhar said, "By Him in Whose Hand my life is, I will proclaim my conversion loudly amongst them (i.e. the pagans)." So he went out, and when he reached the Mosque, he said as loudly as possible, "I bear witness that None has the right to be worshipped except Allah, and Muhammad is the Apostle of Allah." The People got up and beat him painfully. Then Al-Abbas came and knelt over him ((to protect him) and said (to the people), "Woe to you! Don't you know that this man belongs to the tribe of Ghifar and your trade to Sha'm is through their way?" So he rescued him from them. Abu Dhar again did the same the next day. They beat him and took vengeance on him and again Al-Abbas knelt over him (to protect him).

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."

Malik said, about someone who left ihram in Makka, and then did tawaf of the House and say between Safa and Marwa, and then fell ill and was unable to be present with everybody at Arafa, "If the hajj passes someone by he should, if he can, go out of the area of the Haram and then come back in again to do umra and do tawaf of the House and say between Safa and Marwa, because he had not intended his initial tawaf to be for an umra, and so for this reason he does it again. He must do the next hajj and offer a sacrificial animal.

If he is not one of the people of Makka, and something happens to him which stops him from doing the hajj, but he does tawaf of the House and say between Safa and Marwa, he should come out of ihram by doing an umra and then do tawaf of the House a second time, and say between Safa and Marwa, because his initial tawaf and say were intended for the hajj. He must do the next hajj and offer a sacrificial animal."

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

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

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

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

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

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

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

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

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

Yahya related to me from Malik that he had heard that Sulayman ibn Yasar said, ''Umar ibn al-Khattab, Uthman ibn Affan, andZayd ibn Thabit gave the grandfather a third with full siblings". Malik said, "The generally agreed on way of doing things among us and what I have seen the people of knowledge in our city doing is that the paternal grandfather does not inherit anything at all with the father. He is given a sixth as a fixed share with the son and the grandson through a son. Other than that, when the deceased does not leave a mother or a paternal aunt, one begins with whoever has a fixed share, and they are given their shares. If there is a sixth of the property left over, the grandfather is given a sixth as a fixed share."

Malik said, "When someone shares with the grandfather and the full siblings in a specified share, one begins with whoever shares with them of the people of fixed shares. They are given their shares. What is left over after that belongs to the grandfather and the full siblings. Then one sees which is the more favourable of two alternatives for the portion of the grandfather. Either a third is allotted to him and the siblings to divide between them, and he gets a share as if he were one of the siblings, or else he takes a sixth from all the capital. Whichever is the best portion for the grandfather is given to him. What is left after that, goes to the full siblings. The male gets the portion of two females except in one particular case. The division in this case is different from the preceding one. This case is when a woman dies and leaves a husband, mother, full sister and grandfather. The husband gets a half, the mother gets a third, the grandfather gets a sixth, and the full sister gets a half. The sixth of the grandfather and the half of the sister are joined and divided into thirds. The male gets the share of two females. Therefore, the grandfather has two thirds, and the sister has one third."

Malik said, "The inheritance of the half-siblings by the father with the grandfather when there are no full siblings with them, is like the inheritance of the full siblings (in the same situation). The males are the same as their males and the females are the same as their females. When there are both full siblings and half-siblings by the father, the full siblings include in their number the number of half-siblings by the father, to limit the inheritance of the grandfather, i.e., if there was only one full sibling with the grandfather. They would share, after the allotting of the fixed shares, the remainder of the inheritance between them equally. If there were also two half-siblings by the father, their number is added to the division of the sum, which would then be divided four ways. A quarter going to the grandfather and three-quarters going to the full siblings who annex the shares technically allotted to the half-siblings by the father. They do not include the number of half-siblings by the mother, because if there were only half-siblings by the father they would not inherit anything with the grandfather and all the capital would belong to the grandfather, and so the siblings would not get anything after the portion of the grandfather.

"It belongs to the full siblings more than the half-siblings by the father, and the half-siblings by the father do not get anything with them unless the full siblings consist of one sister. If there is one full sister, she includes the grandfather with the half-siblings by her father in the division, however many. Whatever remains for her and these half-siblings by the father goes to her rather than them until she has had her complete share, which is half of the total capital. If there is surplus beyond half of all the capital in what she and the half-siblings by the father acquire it goes to them. The male has the portion of two females. If there is nothing left over, they get nothing."

Ibn al-Muthanna reported from ‘Amr from Hussain b. Abi Laila, saying ; Until Mu’adh came. Shu’bah said ; I heard it from Hussain who said : I shall follow the position (in the prayer in which I find him (the prophet)). . . you should do in a similar way.

Abu Dawud said: I then turned to the tradition reported by ‘Amr b. Marzuq he said; then Ma’adh came and they (the people) hinted at him. Shu’bah said; I heard it from hussain who said: Mu’adh then said; I shall follow the position (in the prayer when I join it) in which I find him (the prophet). He then said: Mu’adh has prayer when I join it in which I find him (the prophet). He then said: MU’adh has introduced for you a SUNNAH (a model behaviour), so you should do in a like manner. He said; our people have narrated to us; when the Messenger of Allah (may peace be upon him) came to Madina, he commanded them (the people) to keep fast for three days. Thereafter the Quranic verses with regard to the fasts during Ramadan were revealed. But they were people who were not accustomed to keep fast ; hence the keeping of the fasts was hard for them; so those who could not keep fast would feed an indigent; then the month”. The concession was granted to the patient and the traveler; all were commanded to keep fast.

Whenever Allah's Apostle intended to go on a journey, he used to draw lots amongst his wives, and Allah's Apostle used to take with him the one on whom lot fell. He drew lots amongst us during one of the Ghazwat which he fought. The lot fell on me and so I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed. I was carried (on the back of a camel) in my howdah and carried down while still in it (when we came to a halt). So we went on till Allah's Apostle had finished from that Ghazwa of his and returned. When we approached the city of Medina he announced at night that it was time for departure. So when they announced the news of departure, I got up and went away from the army camps, and after finishing from the call of nature, I came back to my riding animal. I touched my chest to find that my necklace which was made of Zifar beads (i.e. Yemenite beads partly black and partly white) was missing. So I returned to look for my necklace and my search for it detained me. (In the meanwhile) the people who used to carry me on my camel, came and took my howdah and put it on the back of my camel on which I used to ride, as they considered that I was in it. In those days women were light in weight for they did not get fat, and flesh did not cover their bodies in abundance as they used to eat only a little food. Those people therefore, disregarded the lightness of the howdah while lifting and carrying it; and at that time I was still a young girl. They made the camel rise and all of them left (along with it). I found my necklace after the army had gone. Then I came to their camping place to find no call maker of them, nor one who would respond to the call. So I intended to go to the place where I used to stay, thinking that they would miss me and come back to me (in my search). While I was sitting in my resting place, I was overwhelmed by sleep and slept. Safwan bin Al-Muattal As-Sulami Adh-Dhakwani was behind the army. When he reached my place in the morning, he saw the figure of a sleeping person and he recognized me on seeing me as he had seen me before the order of compulsory veiling (was prescribed). So I woke up when he recited Istirja' (i.e. "Inna li l-lahi wa inna llaihi raji'un") as soon as he recognized me. I veiled my face with my head cover at once, and by Allah, we did not speak a single word, and I did not hear him saying any word besides his Istirja'. He dismounted from his camel and made it kneel down, putting his leg on its front legs and then I got up and rode on it. Then he set out leading the camel that was carrying me till we overtook the army in the extreme heat of midday while they were at a halt (taking a rest). (Because of the event) some people brought destruction upon themselves and the one who spread the Ifk (i.e. slander) more, was `Abdullah bin Ubai Ibn Salul." (Urwa said, "The people propagated the slander and talked about it in his (i.e. `Abdullah's) presence and he confirmed it and listened to it and asked about it to let it prevail." `Urwa also added, "None was mentioned as members of the slanderous group besides (`Abdullah) except Hassan bin Thabit and Mistah bin Uthatha and Hamna bint Jahsh along with others about whom I have no knowledge, but they were a group as Allah said. It is said that the one who carried most of the slander was `Abdullah bin Ubai bin Salul." `Urwa added, "`Aisha disliked to have Hassan abused in her presence and she used to say, 'It was he who said: My father and his (i.e. my father's) father and my honor are all for the protection of Muhammad's honor from you."). `Aisha added, "After we returned to Medina, I became ill for a month. The people were propagating the forged statements of the slanderers while I was unaware of anything of all that, but I felt that in my present ailment, I was not receiving the same kindness from Allah's Apostle as I used to receive when I got sick. (But now) Allah's Apostle would only come, greet me and say,' How is that (lady)?' and leave. That roused my doubts, but I did not discover the evil (i.e. slander) till I went out after my convalescence, I went out with Um Mistah to Al-Manasi' where we used to answer the call of nature and we used not to go out (to answer the call of nature) except at night, and that was before we had latrines near our houses. And this habit of our concerning evacuating the bowels, was similar to the habits of the old 'Arabs living in the deserts, for it would be troublesome for us to take latrines near our houses. So I and Um Mistah who was the daughter of Abu Ruhm bin Al-Muttalib bin `Abd Manaf, whose mother was the daughter of Sakhr bin 'Amir and the aunt of Abu Bakr As-Siddiq and whose son was Mistah bin Uthatha bin `Abbas bin Al-Muttalib, went out. I and Um Mistah returned to my house after we finished answering the call of nature. Um Mistah stumbled by getting her foot entangled in her covering sheet and on that she said, 'Let Mistah be ruined!' I said, 'What a hard word you have said. Do you abuse a man who took part in the battle of Badr?' On that she said, 'O you Hantah! Didn't you hear what he (i.e. Mistah) said? 'I said, 'What did he say?' Then she told me the slander of the people of Ifk. So my ailment was aggravated, and when I reached my home, Allah's Apostle came to me, and after greeting me, said, 'How is that (lady)?' I said, 'Will you allow me to go to my parents?' as I wanted to be sure about the news through them. Allah's Apostle allowed me (and I went to my parents) and asked my mother, 'O mother! What are the people talking about?' She said, 'O my daughter! Don't worry, for scarcely is there a charming woman who is loved by her husband and whose husband has other wives besides herself that they (i.e. women) would find faults with her.' I said, 'Subhan-Allah! (I testify the uniqueness of Allah). Are the people really talking in this way?' I kept on weeping that night till dawn I could neither stop weeping nor sleep then in the morning again, I kept on weeping. When the Divine Inspiration was delayed. Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid to ask and consult them about divorcing me. Usama bin Zaid said what he knew of my innocence, and the respect he preserved in himself for me. Usama said, '(O Allah's Apostle!) She is your wife and we do not know anything except good about her.' `Ali bin Abi Talib said, 'O Allah's Apostle! Allah does not put you in difficulty and there are plenty of women other than she, yet, ask the maid-servant who will tell you the truth.' On that Allah's Apostle called Barira (i.e. the maid-servant) and said, 'O Barira! Did you ever see anything which aroused your suspicion?' Barira said to him, 'By Him Who has sent you with the Truth. I have never seen anything in her (i.e. Aisha) which I would conceal, except that she is a young girl who sleeps leaving the dough of her family exposed so that the domestic goats come and eat it.' So, on that day, Allah's Apostle got up on the pulpit and complained about `Abdullah bin Ubai (bin Salul) before his companions, saying, 'O you Muslims! Who will relieve me from that man who has hurt me with his evil statement about my family? By Allah, I know nothing except good about my family and they have blamed a man about whom I know nothing except good and he used never to enter my home except with me.' Sa`d bin Mu`adh the brother of Banu `Abd Al-Ashhal got up and said, 'O Allah's Apostle! I will relieve you from him; if he is from the tribe of Al-Aus, then I will chop his head off, and if he is from our brothers, i.e. Al-Khazraj, then order us, and we will fulfill your order.' On that, a man from Al-Khazraj got up. Um Hassan, his cousin, was from his branch tribe, and he was Sa`d bin Ubada, chief of Al-Khazraj. Before this incident, he was a pious man, but his love for his tribe goaded him into saying to Sa`d (bin Mu`adh). 'By Allah, you have told a lie; you shall not and cannot kill him. If he belonged to your people, you would not wish him to be killed.' On that, Usaid bin Hudair who was the cousin of Sa`d (bin Mu`adh) got up and said to Sa`d bin 'Ubada, 'By Allah! You are a liar! We will surely kill him, and you are a hypocrite arguing on the behalf of hypocrites.' On this, the two tribes of Al-Aus and Al Khazraj got so much excited that they were about to fight while Allah's Apostle was standing on the pulpit. Allah's Apostle kept on quietening them till they became silent and so did he. All that day I kept on weeping with my tears never ceasing, and I could never sleep. In the morning my parents were with me and I wept for two nights and a day with my tears never ceasing and I could never sleep till I thought that my liver would burst from weeping. So, while my parents were sitting with me and I was weeping, an Ansari woman asked me to grant her admittance. I allowed her to come in, and when she came in, she sat down and started weeping with me. While we were in this state, Allah's Apostle came, greeted us and sat down. He had never sat with me since that day of the slander. A month had elapsed and no Divine Inspiration came to him about my case. Allah's Apostle then recited Tashah-hud and then said, 'Amma Badu, O `Aisha! I have been informed so-andso about you; if you are innocent, then soon Allah will reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him for forgiveness for when a slave confesses his sins and asks Allah for forgiveness, Allah accepts his repentance.' (continued...) (continuing... 1): -5.462:... ... When Allah's Apostle finished his speech, my tears ceased flowing completely that I no longer felt a single drop of tear flowing. I said to my father, 'Reply to Allah's Apostle on my behalf concerning what he has said.' My father said, 'By Allah, I do not know what to say to Allah's Apostle .' Then I said to my mother, 'Reply to Allah's Apostle on my behalf concerning what he has said.' She said, 'By Allah, I do not know what to say to Allah's Apostle.' In spite of the fact that I was a young girl and had a little knowledge of Qur'an, I said, 'By Allah, no doubt I know that you heard this (slanderous) speech so that it has been planted in your hearts (i.e. minds) and you have taken it as a truth. Now if I tell you that I am innocent, you will not believe me, and if confess to you about it, and Allah knows that I am innocent, you will surely believe me. By Allah, I find no similitude for me and you except that of Joseph's father when he said, '(For me) patience in the most fitting against that which you assert; it is Allah (Alone) Whose Help can be sought.' Then I turned to the other side and lay on my bed; and Allah knew then that I was innocent and hoped that Allah would reveal my innocence. But, by Allah, I never thought that Allah would reveal about my case, Divine Inspiration, that would be recited (forever) as I considered myself too unworthy to be talked of by Allah with something of my concern, but I hoped that Allah's Apostle might have a dream in which Allah would prove my innocence. But, by Allah, before Allah's Apostle left his seat and before any of the household left, the Divine inspiration came to Allah's Apostle. So there overtook him the same hard condition which used to overtake him, (when he used to be inspired Divinely). The sweat was dropping from his body like pearls though it was a wintry day and that was because of the weighty statement which was being revealed to him. When that state of Allah's Apostle was over, he got up smiling, and the first word he said was, 'O `Aisha! Allah has declared your innocence!' Then my Mother said to me, 'Get up and go to him (i.e. Allah's Apostle). I replied, 'By Allah, I will not go to him, and I praise none but Allah. So Allah revealed the ten Verses:- - "Verily! They who spread the slander Are a gang, among you............." (24.11-20) Allah revealed those Qur'anic Verses to declare my innocence. Abu Bakr As-Siddiq who used to disburse money for Mistah bin Uthatha because of his relationship to him and his poverty, said, 'By Allah, I will never give to Mistah bin Uthatha anything after what he has said about Aisha.' Then Allah revealed:-- "And let not those among you who are good and wealthy swear not to give (any sort of help) to their kinsmen, those in need, and those who have left their homes for Allah's cause, let them pardon and forgive. Do you not love that Allah should forgive you? And Allah is oft-Forgiving Most Merciful." (24.22) Abu Bakr As-Siddiq said, 'Yes, by Allah, I would like that Allah forgive me.' and went on giving Mistah the money he used to give him before. He also added, 'By Allah, I will never deprive him of it at all.' Aisha further said:." Allah's Apostle also asked Zainab bint Jahsh (i.e. his wife) about my case. He said to Zainab, 'What do you know and what did you see?" She replied, "O Allah's Apostle! I refrain from claiming falsely that I have heard or seen anything. By Allah, I know nothing except good (about `Aisha).' From amongst the wives of the Prophet Zainab was my peer (in beauty and in the love she received from the Prophet) but Allah saved her from that evil because of her piety. Her sister Hamna, started struggling on her behalf and she was destroyed along with those who were destroyed. The man who was blamed said, 'Subhan-Allah! By Him in Whose Hand my soul is, I have never uncovered the cover (i.e. veil) of any female.' Later on the man was martyred in Allah's Cause."

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

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

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

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

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

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

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

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

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 had been eager to ask `Umar bin Al-Khattab about the two ladies from among the wives of the Prophet regarding whom Allah said 'If you two (wives of the Prophet namely Aisha and Hafsa) turn in repentance to Allah, your hearts are indeed so inclined (to oppose what the Prophet likes). (66.4) till `Umar performed the Hajj and I too, performed the Hajj along with him. (On the way) `Umar went aside to answer the call of nature, and I also went aside along with him carrying a tumbler full of water, and when `Umar had finished answering the call of nature, I poured water over his hands and he performed the ablution. Then I said to him, "O chief of the Believers! Who were the two ladies from among the wives of the Prophet regarding whom Allah said: 'If you two (wives of the Prophet) turn in repentance to Allah your hearts are indeed so inclined (to oppose what the Prophet likes)?" (66.4) He said, "I am astonished at your question, O Ibn `Abbas. They were `Aisha and Hafsa." Then `Umar went on narrating the Hadith and said, "I and an Ansari neighbor of mine from Bani Umaiyya bin Zaid who used to live in `Awali-al-Medina, used to visit the Prophet in turn. He used to go one day and I another day. When I went, I would bring him the news of what had happened that day regarding the Divine Inspiration and other things, and when he went, he used to do the same for me. We, the people of Quraish used to have the upper hand over our wives, but when we came to the Ansar, we found that their women had the upper hand over their men, so our women also started learning the ways of the Ansari women. I shouted at my wife and she retorted against me and I disliked that she should answer me back. She said to me, 'Why are you so surprised at my answering you back? By Allah, the wives of the Prophet answer him back and some of them may leave (does not speak to) him throughout the day till the night.' The (talk) scared me and I said to her, 'Whoever has done so will be ruined!' Then I proceeded after dressing myself, and entered upon Hafsa and said to her, 'Does anyone of you keep the Prophet angry till night?' She said, 'Yes.' I said, 'You are a ruined losing person! Don't you fear that Allah may get angry for the anger of Allah's Apostle and thus you will be ruined? So do not ask more from the Prophet and do not answer him back and do not give up talking to him. Ask me whatever you need and do not be tempted to imitate your neighbor (i.e., `Aisha) in her manners for she is more charming than you and more beloved to the Prophet ." `Umar added,"At that time a talk was circulating among us that (the tribe of) Ghassan were preparing their horses to invade us. My Ansari companion, on the day of his turn, went (to the town) and returned to us at night and knocked at my door violently and asked if I was there. I became horrified and came out to him. He said, 'Today a great thing has happened.' I asked, 'What is it? Have (the people of) Ghassan come?' He said, 'No, but (What has happened) is greater and more horrifying than that: Allah's Apostle; has divorced his wives. `Umar added, "The Prophet kept away from his wives and I said "Hafsa is a ruined loser.' I had already thought that most probably this (divorce) would happen in the near future. So I dressed myself and offered the morning prayer with the Prophet and then the Prophet; entered an upper room and stayed there in seclusion. I entered upon Hafsa and saw her weeping. I asked, 'What makes you weep? Did I not warn you about that? Did the Prophet divorce you all?' She said, 'I do not know. There he is retired alone in the upper room.' I came out and sat near the pulpit and saw a group of people sitting around it and some of them were weeping. I sat with them for a while but could not endure the situation, so I went to the upper room where the Prophet; was and said to a black slave of his, 'Will you get the permission (of the Prophet ) for `Umar (to enter)?' The slave went in, talked to the Prophet about it and then returned saying, 'I have spoken to the Prophet and mentioned you but he kept quiet.' Then I returned and sat with the group of people sitting near the pulpit. but I could not bear the situation and once again I said to the slave, 'Will you get the permission for `Umar?' He went in and returned saying, 'I mentioned you to him but he kept quiet.' So I returned again and sat with the group of people sitting near the pulpit, but I could not bear the situation, and so I went to the slave and said, 'Will you get the permission for `Umar?' He went in and returned to me saying, 'I mentioned you to him but he kept quiet.' When I was leaving, behold! The slave called me, saying, 'The Prophet has given you permission.' Then I entered upon Allah's Apostle and saw him Lying on a bed made of stalks of date palm leaves and there was no bedding between it and him. The stalks left marks on his side and he was leaning on a leather pillow stuffed with date-palm fires. I greeted him and while still standing I said, 'O Allah's Apostle! Have you divorced your wives?' He looked at me and said, 'No.' I said, 'Allah Akbar!' And then, while still standing, I said chatting, 'Will you heed what I say, O Allah's Apostle? We, the people of Quraish used to have power over our women, but when we arrived at Medina we found that the men (here) were overpowered by their women.' The Prophet smiled and then I said to him, 'Will you heed what I say, O Allah's Apostle? I entered upon Hafsa and said to her, "Do not be tempted to imitate your companion (`Aisha), for she is more charming than you and more beloved to the Prophet.' " The Prophet smiled for a second time. When I saw him smiling, I sat down. Then I looked around his house, and by Allah, I could not see anything of importance in his house except three hides, so I said, 'O Allah's Apostle! Invoke Allah to make your followers rich, for the Persians and the Romans have been made prosperous and they have been given (the pleasures of the world), although they do not worship Allah.' Thereupon the Prophet sat up as he was reclining. and said, 'Are you of such an opinion, O the son of Al-Khattab? These are the people who have received the rewards for their good deeds in this world.' I said, 'O Allah's Apostle! Ask Allah to forgive me.' Then the Prophet kept away from his wives for twenty-nine days because of the story which Hafsa had disclosed to `Aisha. The Prophet had said, 'I will not enter upon them (my wives) for one month,' because of his anger towards them, when Allah had admonished him. So, when twenty nine days had passed, the Prophet first entered upon `Aisha. `Aisha said to him, 'O Allah's Apostle! You had sworn that you would not enter upon us for one month, but now only twenty-nine days have passed, for I have been counting them one by one.' The Prophet said, 'The (present) month is of twenty nine days.' `Aisha added, 'Then Allah revealed the Verses of the option. (2) And out of all his-wives he asked me first, and I chose him.' Then he gave option to his other wives and they said what `Aisha had said . " (1) The Prophet, ' had decided to abstain from eating a certain kind of food because of a certain event, so Allah blamed him for doing so. Some of his wives were the cause of him taking that decision, therefore he deserted them for one month. See Qur'an: (66.4)

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)

Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."

Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.

Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."

I went out with 'Ubaidullah bin `Adi Al-Khaiyar. When we reached Hims (i.e. a town in Syria), 'Ubaidullah bin `Adi said (to me), "Would you like to see Wahshi so that we may ask him about the killing of Hamza?" I replied, "Yes." Wahshi used to live in Hims. We enquired about him and somebody said to us, "He is that in the shade of his palace, as if he were a full water skin." So we went up to him, and when we were at a short distance from him, we greeted him and he greeted us in return. 'Ubaidullah was wearing his turban and Wahshi could not see except his eyes and feet. 'Ubaidullah said, "O Wahshi! Do you know me?" Wahshi looked at him and then said, "No, by Allah! But I know that `Adi bin Al-Khiyar married a woman called Um Qital, the daughter of Abu Al-Is, and she delivered a boy for him at Mecca, and I looked for a wet nurse for that child. (Once) I carried that child along with his mother and then I handed him over to her, and your feet resemble that child's feet." Then 'Ubaidullah uncovered his face and said (to Wahshi), "Will you tell us (the story of) the killing of Hamza?" Wahshi replied "Yes, Hamza killed Tuaima bin `Adi bin Al-Khaiyar at Badr (battle) so my master, Jubair bin Mut`im said to me, 'If you kill Hamza in revenge for my uncle, then you will be set free." When the people set out (for the battle of Uhud) in the year of 'Ainain ..'Ainain is a mountain near the mountain of Uhud, and between it and Uhud there is a valley.. I went out with the people for the battle. When the army aligned for the fight, Siba' came out and said, 'Is there any (Muslim) to accept my challenge to a duel?' Hamza bin `Abdul Muttalib came out and said, 'O Siba'. O Ibn Um Anmar, the one who circumcises other ladies! Do you challenge Allah and His Apostle?' Then Hamza attacked and killed him, causing him to be non-extant like the bygone yesterday. I hid myself under a rock, and when he (i.e. Hamza) came near me, I threw my spear at him, driving it into his umbilicus so that it came out through his buttocks, causing him to die. When all the people returned to Mecca, I too returned with them. I stayed in (Mecca) till Islam spread in it (i.e. Mecca). Then I left for Taif, and when the people (of Taif) sent their messengers to Allah's Apostle, I was told that the Prophet did not harm the messengers; So I too went out with them till I reached Allah's Apostle. When he saw me, he said, 'Are you Wahshi?' I said, 'Yes.' He said, 'Was it you who killed Hamza?' I replied, 'What happened is what you have been told of.' He said, 'Can you hide your face from me?' So I went out when Allah's Apostle died, and Musailamah Al-Kadhdhab appeared (claiming to be a prophet). I said, 'I will go out to Musailamah so that I may kill him, and make amends for killing Hamza. So I went out with the people (to fight Musailamah and his followers) and then famous events took place concerning that battle. Suddenly I saw a man (i.e. Musailamah) standing near a gap in a wall. He looked like an ash-colored camel and his hair was dishevelled. So I threw my spear at him, driving it into his chest in between his breasts till it passed out through his shoulders, and then an Ansari man attacked him and struck him on the head with a sword. `Abdullah bin `Umar said, 'A slave girl on the roof of a house said: Alas! The chief of the believers (i.e. Musailamah) has been killed by a black slave."

(The wife of the Prophet) Whenever Allah's Apostle intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot had fallen. Once he drew lots when he wanted to carry out a Ghazwa, and the lot came upon me. So I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed and thus I was carried in my howdah (on a camel) and dismounted while still in it. We carried on our journey, and when Allah's Apostle had finished his Ghazwa and returned and we approached Medina, Allah's Apostle ordered to proceed at night. When the army was ordered to resume the homeward journey, I got up and walked on till I left the army (camp) behind. When I had answered the call of nature, I went towards my howdah, but behold ! A necklace of mine made of Jaz Azfar (a kind of black bead) was broken and I looked for it and my search for it detained me. The group of people who used to carry me, came and carried my howdah on to the back of my camel on which I was riding, considering that I was therein. At that time women were light in weight and were not fleshy for they used to eat little (food), so those people did not feel the lightness of the howdah while raising it up, and I was still a young lady. They drove away the camel and proceeded. Then I found my necklace after the army had gone. I came to their camp but found nobody therein so I went to the place where I used to stay, thinking that they would miss me and come back in my search. While I was sitting at my place, I felt sleepy and slept. Safwan bin Al-Mu'attil As-Sulami Adh- Dhakw-ani was behind the army. He had started in the last part of the night and reached my stationing place in the morning and saw the figure of a sleeping person. He came to me and recognized me on seeing me for he used to see me before veiling. I got up because of his saying: "Inna Li l-lahi wa inna ilaihi rajiun," which he uttered on recognizing me. I covered my face with my garment, and by Allah, he did not say to me a single word except, "Inna Li l-lahi wa inna ilaihi rajiun," till he made his shecamel kneel down whereupon he trod on its forelegs and I mounted it. Then Safwan set out, leading the she-camel that was carrying me, till we met the army while they were resting during the hot midday. Then whoever was meant for destruction, fell in destruction, and the leader of the Ifk (forged statement) was `Abdullah bin Ubai bin Salul. After this we arrived at Medina and I became ill for one month while the people were spreading the forged statements of the people of the Ifk, and I was not aware of anything thereof. But what aroused my doubt while I was sick, was that I was no longer receiving from Allah's Apostle the same kindness as I used to receive when I fell sick. Allah's Apostle would enter upon me, say a greeting and add, "How is that (lady)?" and then depart. That aroused my suspicion but I was not aware of the propagated evil till I recovered from my ailment. I went out with Um Mistah to answer the call of nature towards Al-Manasi, the place where we used to relieve ourselves, and used not to go out for this purpose except from night to night, and that was before we had lavatories close to our houses. And this habit of ours was similar to the habit of the old 'Arabs (in the deserts or in the tents) concerning the evacuation of the bowels, for we considered it troublesome and harmful to take lavatories in the houses. So I went out with Um Mistah who was the daughter of Abi Ruhm bin `Abd Manaf, and her mother was daughter of Sakhr bin Amir who was the aunt of Abi Bakr As-Siddiq, and her son was Mistah bin Uthatha. When we had finished our affair, Um Mistah and I came back towards my house. Um Mistah stumbled over her robe whereupon she said, "Let Mistah be ruined ! " I said to her, "What a bad word you have said! Do you abuse a man who has taken part in the Battle of Badr?' She said, "O you there! Didn't you hear what he has said?" I said, "And what did he say?" She then told me the statement of the people of the Ifk (forged statement) which added to my ailment. When I returned home, Allah's Apostle came to me, and after greeting, he said, "How is that (lady)?" I said, "Will you allow me to go to my parents?" At that time I intended to be sure of the news through them. Allah's Apostle allowed me and I went to my parents and asked my mother, "O my mother! What are the people talking about?" My mother said, "O my daughter! Take it easy, for by Allah, there is no charming lady who is loved by her husband who has other wives as well, but that those wives would find fault with her." I said, "Subhan Allah! Did the people really talk about that?" That night I kept on weeping the whole night till the morning. My tears never stopped, nor did I sleep, and morning broke while I was still weeping, Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid when the Divine Inspiration delayed, in order to consult them as to the idea of divorcing his wife. Usama bin Zaid told Allah's Apostle of what he knew about the innocence of his wife and of his affection he kept for her. He said, "O Allah's Apostle! She is your wife, and we do not know anything about her except good." But `Ali bin Abi Talib said, "O Allah's Apostle! Allah does not impose restrictions on you; and there are plenty of women other than her. If you however, ask (her) slave girl, she will tell you the truth." `Aisha added: So Allah's Apostle called for Barira and said, "O Barira! Did you ever see anything which might have aroused your suspicion? (as regards Aisha). Barira said, "By Allah Who has sent you with the truth, I have never seen anything regarding Aisha which I would blame her for except that she is a girl of immature age who sometimes sleeps and leaves the dough of her family unprotected so that the domestic goats come and eat it." So Allah's Apostle got up (and addressed) the people an asked for somebody who would take revenge on `Abdullah bin Ubai bin Salul then. Allah's Apostle, while on the pulpit, said, "O Muslims! Who will help me against a man who has hurt me by slandering my family? By Allah, I know nothing except good about my family, and people have blamed a man of whom I know nothing except good, and he never used to visit my family except with me," Sa`d bin Mu`adh Al-Ansari got up and said, "O Allah's Apostle! By Allah, I will relieve you from him. If he be from the tribe of (Bani) Al-Aus, then I will chop his head off; and if he be from our brethren, the Khazraj, then you give us your order and we will obey it." On that, Sa`d bin 'Ubada got up, and he was the chief of the Khazraj, and before this incident he had been a pious man but he was incited by his zeal for his tribe. He said to Sa`d (bin Mu`adh), "By Allah the Eternal, you have told a lie! You shall not kill him and you will never be able to kill him!" On that, Usaid bin Hudair, the cousin of Sa`d (bin Mu`adh) got up and said to Sa`d bin 'Ubada, "You are a liar! By Allah the Eternal, we will surely kill him; and you are a hypocrite defending the hypocrites!" So the two tribes of Al-Aus and Al-Khazraj got excited till they were on the point of fighting with each other while Allah's Apostle was standing on the pulpit. Allah's Apostle continued quietening them till they became silent whereupon he became silent too. On that day I kept on weeping so much that neither did my tears stop, nor could I sleep. In the morning my parents were with me, and I had wept for two nights and a day without sleeping and with incessant tears till they thought that my liver would burst with weeping. While they were with me and I was weeping, an Ansari woman asked permission to see me. I admitted her and she sat and started weeping with me. While I was in that state, Allah's Apostle came to us, greeted, and sat down,. He had never sat with me since the day what was said, was said. He had stayed a month without receiving any Divine Inspiration concerning my case. Allah's Apostle recited the Tashahhud after he had sat down, and then said, "Thereafter, O `Aisha! I have been informed such and-such a thing about you; and if you are innocent, Allah will reveal your innocence, and if you have committed a sin, then ask for Allah's forgiveness and repent to Him, for when a slave confesses his sin and then repents to Allah, Allah accepts his repentance." When Allah's Apostle had finished his speech, my tears ceased completely so that I no longer felt even a drop thereof. Then I said to my father, "Reply to Allah's Apostle on my behalf as to what he said." He said, "By Allah, I do not know what to say to Allah's Apostle." Then I said to my mother, "Reply to Allah's Apostle." She said, "I do not know what to say to Allah's Apostle." Still a young girl as I was and though I had little knowledge of Qur'an, I said, "By Allah, I know that you heard this story (of the Ifk) so much so that it has been planted in your minds and you have believed it. So now, if I tell you that I am innocent, and Allah knows that I am innocent, you will not believe me; and if I confess something, and Allah knows that I am innocent of it, you will believe me. By Allah, I cannot find of you an example except that of Joseph's father: "So (for me) patience is most fitting against that which you assert and it is Allah (Alone) Whose help can be sought. Then I turned away and lay on my bed, and at that time I knew that I was innocent and that Allah would reveal my innocence. But by Allah, I never thought that Allah would sent down about my affair, Divine Inspiration that would be recited (forever), as I considered myself too unworthy to be talked of by Allah with something that was to be recited: but I hoped that Allah's Apostle might have a vision in which Allah would prove my innocence. By Allah, Allah's Apostle had not left his seat and nobody had left the house when the Divine Inspiration came to Allah's Apostle . So there overtook him the same hard condition which used to overtake him (when he was Divinely Inspired) so that the drops of his sweat were running down, like pearls, though it was a (cold) winter day, and that was because of the heaviness of the Statement which was revealed to him. When that state of Allah's Apostle was over, and he was smiling when he was relieved, the first word he said was, "Aisha, Allah has declared your innocence." My mother said to me, "Get up and go to him." I said, "By Allah, I will not go to him and I will not thank anybody but Allah." So Allah revealed: "Verily! They who spread the Slander are a gang among you. Think it not...." (24.11-20). When Allah revealed this to confirm my innocence, Abu Bakr As-Siddiq who used to provide for Mistah bin Uthatha because of the latter's kinship to him and his poverty, said, "By Allah, I will never provide for Mistah anything after what he has said about Aisha". So Allah revealed: (continued...) (continuing... 1): -6.274:... ... "Let not those among you who are good and are wealthy swear not to give (help) to their kinsmen, those in need, and those who have left their homes for Allah's Cause. Let them Pardon and forgive (i.e. do not punish them). Do you not love that should forgive you? Verily Allah is Oft-forgiving. Most Merciful." (24.22) Abu Bakr said, "Yes, by Allah, I wish that Allah should forgive me." So he resumed giving Mistah the aid he used to give him before and said, "By Allah, I will never withold it from him at all." Aisha further said: Allah's Apostle also asked Zainab bint Jahsh about my case. He said, "O Zainab! What have you seen?" She replied, "O Allah's Apostle! I protect my hearing and my sight (by refraining from telling lies). I know nothing but good (about Aisha)." Of all the wives of Allah's Apostle, it was Zainab who aspired to receive from him the same favor as I used to receive, yet, Allah saved her (from telling lies) because of her piety. But her sister, Hamna, kept on fighting on her behalf so she was destroyed as were those who invented and spread the slander.

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rak`at (prayer). They allowed him and he offered Two rak`at and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rak`at prayer (before being killed). Allah fulfilled the invocation of `Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that `Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) `Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over `Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

that he heard Allah's Apostle saying, "Allah willed to test three Israelis who were a Leper, a blind man and a bald-headed man. So, he sent them an angel who came to the leper and said, 'What thing do you like most?' He replied, 'Good color and good skin, for the people have a strong aversion to me.' The angel touched him and his illness was cured, and he was given a good color and beautiful skin. The angel asked him, 'What kind of property do you like best?' He replied, 'Camels (or cows).' (The narrator is in doubt, for either the leper or the bald-headed man demanded camels and the other demanded cows). So he (i.e. the leper) was given a pregnant she-camel, and the angel said (to him), 'May Allah bless you in it.' The angel then went to the bald-headed man and said, 'What thing do you like most?' He said, 'I like good hair and wish to be cured of this disease, for the people feel repulsion for me.' The angel touched him and his illness was cured, and he was given good hair. The angel asked (him), 'What kind of property do you like best?' He replied, 'Cows,' The angel gave him a pregnant cow and said, 'May Allah bless you in it.' The angel went to the blind man and asked, 'What thing do you like best?' He said, '(I like) that Allah may restore my eye-sight to me so that I may see the people.' The angel touched his eyes and Allah gave him back his eye-sight. The angel asked him, 'What kind of property do you like best?' He replied, 'Sheep.' The angel gave him a pregnant sheep. Afterwards, all the three pregnant animals gave birth to young ones, and multiplied and brought forth so much that one of the (three) men had a herd of camels filling a valley, and one had a herd of cows filling a valley, and one had a flock of sheep filling a valley. Then the angel, disguised in the shape and appearance of a leper, went to the leper and said, I am a poor man, who has lost all means of livelihood while on a journey. So none will satisfy my need except Allah and then you. In the Name of Him Who has given you such nice color and beautiful skin, and so much property, I ask you to give me a camel so that I may reach my destination. The man replied, 'I have many obligations (so I cannot give you).' The angel said, 'I think I know you; were you not a leper to whom the people had a strong aversion? Weren't you a poor man, and then Allah gave you (all this property).' He replied, '(This is all wrong), I got this property through inheritance from my fore-fathers.' The angel said, 'If you are telling a lie, then let Allah make you as you were before. ' Then the angel, disguised in the shape and appearance of a bald man, went to the bald man and said to him the same as he told the first one, and he too answered the same as the first one did. The angel said, 'If you are telling a lie, then let Allah make you as you were before.' The angel, disguised in the shape of a blind man, went to the blind man and said, 'I am a poor man and a traveler, whose means of livelihood have been exhausted while on a journey. I have nobody to help me except Allah, and after Him, you yourself. I ask you in the Name of Him Who has given you back your eye-sight to give me a sheep, so that with its help, I may complete my journey.' The man said, 'No doubt, I was blind and Allah gave me back my eye-sight; I was poor and Allah made me rich; so take anything you wish from my property. By Allah, I will not stop you for taking anything (you need) of my property which you may take for Allah's sake.' The angel replied, 'Keep your property with you. You (i.e the three men) have been tested, and Allah is pleased with you and is angry with your two companions."

Abu Sufyan bin Harb informed me that Heraclius had sent a messenger to him while he had been accompanying a caravan from Quraish. They were merchants doing business in Sham (Syria, Palestine, Lebanon and Jordan), at the time when Allah's Apostle had truce with Abu Sufyan and Quraish infidels. So Abu Sufyan and his companions went to Heraclius at Ilya (Jerusalem). Heraclius called them in the court and he had all the senior Roman dignitaries around him. He called for his translator who, translating Heraclius's question said to them, "Who amongst you is closely related to that man who claims to be a Prophet?" Abu Sufyan replied, "I am the nearest relative to him (amongst the group)."

Heraclius said, "Bring him (Abu Sufyan) close to me and make his companions stand behind him." Abu Sufyan added, Heraclius told his translator to tell my companions that he wanted to put some questions to me regarding that man (The Prophet) and that if I told a lie they (my companions) should contradict me." Abu Sufyan added, "By Allah! Had I not been afraid of my companions labeling me a liar, I would not have spoken the truth about the Prophet. The first question he asked me about him was:

'What is his family status amongst you?'

I replied, 'He belongs to a good (noble) family amongst us.'

Heraclius further asked, 'Has anybody amongst you ever claimed the same (i.e. to be a Prophet) before him?'

I replied, 'No.'

He said, 'Was anybody amongst his ancestors a king?'

I replied, 'No.'

Heraclius asked, 'Do the nobles or the poor follow him?'

I replied, 'It is the poor who follow him.'

He said, 'Are his followers increasing decreasing (day by day)?'

I replied, 'They are increasing.'

He then asked, 'Does anybody amongst those who embrace his religion become displeased and renounce the religion afterwards?'

I replied, 'No.'

Heraclius said, 'Have you ever accused him of telling lies before his claim (to be a Prophet)?'

I replied, 'No. '

Heraclius said, 'Does he break his promises?'

I replied, 'No. We are at truce with him but we do not know what he will do in it.' I could not find opportunity to say anything against him except that.

Heraclius asked, 'Have you ever had a war with him?'

I replied, 'Yes.'

Then he said, 'What was the outcome of the battles?'

I replied, 'Sometimes he was victorious and sometimes we.'

Heraclius said, 'What does he order you to do?'

I said, 'He tells us to worship Allah and Allah alone and not to worship anything along with Him, and to renounce all that our ancestors had said. He orders us to pray, to speak the truth, to be chaste and to keep good relations with our Kith and kin.'

Heraclius asked the translator to convey to me the following, I asked you about his family and your reply was that he belonged to a very noble family. In fact all the Apostles come from noble families amongst their respective peoples. I questioned you whether anybody else amongst you claimed such a thing, your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following the previous man's statement. Then I asked you whether anyone of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom.

I further asked whether he was ever accused of telling lies before he said what he said, and your reply was in the negative. So I wondered how a person who does not tell a lie about others could ever tell a lie about Allah. I, then asked you whether the rich people followed him or the poor. You replied that it was the poor who followed him. And in fact all the Apostle have been followed by this very class of people. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing, and in fact this is the way of true faith, till it is complete in all respects. I further asked you whether there was anybody, who, after embracing his religion, became displeased and discarded his religion. Your reply was in the negative, and in fact this is (the sign of) true faith, when its delight enters the hearts and mixes with them completely. I asked you whether he had ever betrayed. You replied in the negative and likewise the Apostles never betray. Then I asked you what he ordered you to do. You replied that he ordered you to worship Allah and Allah alone and not to worship any thing along with Him and forbade you to worship idols and ordered you to pray, to speak the truth and to be chaste. If what you have said is true, he will very soon occupy this place underneath my feet and I knew it (from the scriptures) that he was going to appear but I did not know that he would be from you, and if I could reach him definitely, I would go immediately to meet him and if I were with him, I would certainly wash his feet.' Heraclius then asked for the letter addressed by Allah's Apostle

which was delivered by Dihya to the Governor of Busra, who forwarded it to Heraclius to read. The contents of the letter were as follows: "In the name of Allah the Beneficent, the Merciful (This letter is) from Muhammad the slave of Allah and His Apostle to Heraclius the ruler of Byzantine. Peace be upon him, who follows the right path. Furthermore I invite you to Islam, and if you become a Muslim you will be safe, and Allah will double your reward, and if you reject this invitation of Islam you will be committing a sin of Arisiyin (tillers, farmers i.e. your people). And (Allah's Statement:)

'O people of the scripture! Come to a word common to you and us that we worship none but Allah and that we associate nothing in worship with Him, and that none of us shall take others as Lords beside Allah. Then, if they turn away, say: Bear witness that we are Muslims (those who have surrendered to Allah).' (3:64).

Abu Sufyan then added, "When Heraclius had finished his speech and had read the letter, there was a great hue and cry in the Royal Court. So we were turned out of the court. I told my companions that the question of Ibn-Abi-Kabsha) (the Prophet Muhammad) has become so prominent that even the King of Bani Al-Asfar (Byzantine) is afraid of him. Then I started to become sure that he (the Prophet) would be the conqueror in the near future till I embraced Islam (i.e. Allah guided me to it)."

The sub narrator adds, "Ibn An-Natur was the Governor of llya' (Jerusalem) and Heraclius was the head of the Christians of Sham. Ibn An-Natur narrates that once while Heraclius was visiting ilya' (Jerusalem), he got up in the morning with a sad mood. Some of his priests asked him why he was in that mood? Heraclius was a foreteller and an astrologer. He replied, 'At night when I looked at the stars, I saw that the leader of those who practice circumcision had appeared (become the conqueror). Who are they who practice circumcision?' The people replied, 'Except the Jews nobody practices circumcision, so you should not be afraid of them (Jews).

'Just Issue orders to kill every Jew present in the country.'

While they were discussing it, a messenger sent by the king of Ghassan to convey the news of Allah's Apostle to Heraclius was brought in. Having heard the news, he (Heraclius) ordered the people to go and see whether the messenger of Ghassan was circumcised. The people, after seeing him, told Heraclius that he was circumcised. Heraclius then asked him about the Arabs. The messenger replied, 'Arabs also practice circumcision.'

(After hearing that) Heraclius remarked that sovereignty of the 'Arabs had appeared. Heraclius then wrote a letter to his friend in Rome who was as good as Heraclius in knowledge. Heraclius then left for Homs. (a town in Syrian and stayed there till he received the reply of his letter from his friend who agreed with him in his opinion about the emergence of the Prophet and the fact that he was a Prophet. On that Heraclius invited all the heads of the Byzantines to assemble in his palace at Homs. When they assembled, he ordered that all the doors of his palace be closed. Then he came out and said, 'O Byzantines! If success is your desire and if you seek right guidance and want your empire to remain then give a pledge of allegiance to this Prophet (i.e. embrace Islam).'

(On hearing the views of Heraclius) the people ran towards the gates of the palace like onagers but found the doors closed. Heraclius realized their hatred towards Islam and when he lost the hope of their embracing Islam, he ordered that they should be brought back in audience.

(When they returned) he said, 'What already said was just to test the strength of your conviction and I have seen it.' The people prostrated before him and became pleased with him, and this was the end of Heraclius's story (in connection with his faith).

Eleven women sat (at a place) and promised and contracted that they would not conceal anything of the news of their husbands. The first one said, "My husband is like the meat of a slim weak camel which is kept on the top of a mountain which is neither easy to climb, nor is the meat fat, so that one might put up with the trouble of fetching it." The second one said, "I shall not relate my husband's news, for I fear that I may not be able to finish his story, for if I describe him, I will mention all his defects and bad traits." The third one said, "My husband, the "too-tall"! if I describe him (and he hears of that) he will divorce me, and if I keep quiet, he will keep me hanging (neither divorcing me nor treating me as a wife)." The fourth one said, "My husband is (moderate in temper) like the night of Tihama: neither hot nor cold; I am neither afraid of him, nor am I discontented with him." The fifth one said, "My husband, when entering (the house) is a leopard (sleeps a lot), and when going out, is a lion (boasts a lot). He does not ask about whatever is in the house." The sixth one said, "If my husband eats, he eats too much (leaving the dishes empty), and if he drinks he leaves nothing; if he sleeps he sleeps he rolls himself (alone in our blankets); and he does not insert his palm to inquire about my feelings." The seventh one said, "My husband is a wrong-doer or weak and foolish. All the defects are present in him. He may injure your head or your body or may do both." The eighth one said, "My husband is soft to touch like a rabbit and smells like a Zarnab (a kind of good smelling grass)." The ninth one said, "My husband is a tall generous man wearing a long strap for carrying his sword. His ashes are abundant (i.e. generous to his guests) and his house is near to the people (who would easily consult him)." The tenth one said, "My husband is Malik (possessor), and what is Malik? Malik is greater than whatever I say about him. (He is beyond and above all praises which can come to my mind). Most of his camels are kept at home (ready to be slaughtered for the guests) and only a few are taken to the pastures. When the camels hear the sound of the lute (or the tambourine) they realize that they are going to be slaughtered for the guests." The eleventh one said, "My husband is Abu Zar` and what is Abu Zar` (i.e., what should I say about him)? He has given me many ornaments and my ears are heavily loaded with them and my arms have become fat (i.e., I have become fat). And he has pleased me, and I have become so happy that I feel proud of myself. He found me with my family who were mere owners of sheep and living in poverty, and brought me to a respected family having horses and camels and threshing and purifying grain. Whatever I say, he does not rebuke or insult me. When I sleep, I sleep till late in the morning, and when I drink water (or milk), I drink my fill. The mother of Abu Zar and what may one say in praise of the mother of Abu Zar? Her saddle bags were always full of provision and her house was spacious. As for the son of Abu Zar, what may one say of the son of Abu Zar? His bed is as narrow as an unsheathed sword and an arm of a kid (of four months) satisfies his hunger. As for the daughter of Abu Zar, she is obedient to her father and to her mother. She has a fat well-built body and that arouses the jealousy of her husband's other wife. As for the (maid) slave girl of Abu Zar, what may one say of the (maid) slavegirl of Abu Zar? She does not uncover our secrets but keeps them, and does not waste our provisions and does not leave the rubbish scattered everywhere in our house." The eleventh lady added, "One day it so happened that Abu Zar went out at the time when the milk was being milked from the animals, and he saw a woman who had two sons like two leopards playing with her two breasts. (On seeing her) he divorced me and married her. Thereafter I married a noble man who used to ride a fast tireless horse and keep a spear in his hand. He gave me many things, and also a pair of every kind of livestock and said, Eat (of this), O Um Zar, and give provision to your relatives." She added, "Yet, all those things which my second husband gave me could not fill the smallest utensil of Abu Zar's." `Aisha then said: Allah's Apostle said to me, "I am to you as Abu Zar was to his wife Um Zar."

We, i.e., some people from Basra gathered and went to Anas bin Malik, and we went in company with Thabit Al-Bunnani so that he might ask him about the Hadith of Intercession on our behalf. Behold, Anas was in his palace, and our arrival coincided with his Duha prayer. We asked permission to enter and he admitted us while he was sitting on his bed. We said to Thabit, "Do not ask him about anything else first but the Hadith of Intercession." He said, "O Abu Hamza! There are your brethren from Basra coming to ask you about the Hadith of Intercession." Anas then said, "Muhammad talked to us saying, 'On the Day of Resurrection the people will surge with each other like waves, and then they will come to Adam and say, 'Please intercede for us with your Lord.' He will say, 'I am not fit for that but you'd better go to Abraham as he is the Khalil of the Beneficent.' They will go to Abraham and he will say, 'I am not fit for that, but you'd better go to Moses as he is the one to whom Allah spoke directly.' So they will go to Moses and he will say, 'I am not fit for that, but you'd better go to Jesus as he is a soul created by Allah and His Word.' (Be: And it was) they will go to Jesus and he will say, 'I am not fit for that, but you'd better go to Muhammad.' They would come to me and I would say, 'I am for that.' Then I will ask for my Lord's permission, and it will be given, and then He will inspire me to praise Him with such praises as I do not know now. So I will praise Him with those praises and will fall down, prostrate before Him. Then it will be said, 'O Muhammad, raise your head and speak, for you will be listened to; and ask, for your will be granted (your request); and intercede, for your intercession will be accepted.' I will say, 'O Lord, my followers! My followers!' And then it will be said, 'Go and take out of Hell (Fire) all those who have faith in their hearts, equal to the weight of a barley grain.' I will go and do so and return to praise Him with the same praises, and fall down (prostrate) before Him. Then it will be said, 'O Muhammad, raise your head and speak, for you will be listened to, and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will say, 'O Lord, my followers! My followers!' It will be said, 'Go and take out of it all those who have faith in their hearts equal to the weight of a small ant or a mustard seed.' I will go and do so and return to praise Him with the same praises, and fall down in prostration before Him. It will be said, 'O, Muhammad, raise your head and speak, for you will be listened to, and ask, for you will be granted (your request); and intercede, for your intercession will be accepted.' I will say, 'O Lord, my followers!' Then He will say, 'Go and take out (all those) in whose hearts there is faith even to the lightest, lightest mustard seed. (Take them) out of the Fire.' I will go and do so."' When we left Anas, I said to some of my companions, "Let's pass by Al-Hasan who is hiding himself in the house of Abi Khalifa and request him to tell us what Anas bin Malik has told us." So we went to him and we greeted him and he admitted us. We said to him, "O Abu Sa`id! We came to you from your brother Anas Bin Malik and he related to us a Hadith about the intercession the like of which I have never heard." He said, "What is that?" Then we told him of the Hadith and said, "He stopped at this point (of the Hadith)." He said, "What then?" We said, "He did not add anything to that." He said, Anas related the Hadith to me twenty years ago when he was a young fellow. I don't know whether he forgot or if he did not like to let you depend on what he might have said." We said, "O Abu Sa`id ! Let us know that." He smiled and said, "Man was created hasty. I did not mention that, but that I wanted to inform you of it. Anas told me the same as he told you and said that the Prophet added, 'I then return for a fourth time and praise Him similarly and prostrate before Him me the same as he 'O Muhammad, raise your head and speak, for you will be listened to; and ask, for you will be granted (your request): and intercede, for your intercession will be accepted .' I will say, 'O Lord, allow me to intercede for whoever said, 'None has the right to be worshiped except Allah.' Then Allah will say, 'By my Power, and my Majesty, and by My Supremacy, and by My Greatness, I will take out of Hell (Fire) whoever said: 'None has the right to be worshipped except Allah.' ''

On the authority of Abu Huraira: The people said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" The Prophet said, "Do you have any difficulty in seeing the moon on a full moon night?" They said, "No, O Allah's Apostle." He said, "Do you have any difficulty in seeing the sun when there are no clouds?" They said, "No, O Allah's Apostle." He said, "So you will see Him, like that. Allah will gather all the people on the Day of Resurrection, and say, 'Whoever worshipped something (in the world) should follow (that thing),' so, whoever worshipped the sun will follow the sun, and whoever worshiped the moon will follow the moon, and whoever used to worship certain (other false) deities, he will follow those deities. And there will remain only this nation with its good people (or its hypocrites). (The sub-narrator, Ibrahim is in doubt.) Allah will come to them and say, 'I am your Lord.' They will (deny Him and) say, 'We will stay here till our Lord comes, for when our Lord comes, we will recognize Him.' So Allah will come to them in His appearance which they know, and will say, 'I am your Lord.' They will say, 'You are our Lord,' so they will follow Him.

Then a bridge will be laid across Hell (Fire)' I and my followers will be the first ones to go across it and none will speak on that Day except the Apostles. And the invocation of the Apostles on that Day will be, 'O Allah, save! Save!' In Hell (or over The Bridge) there will be hooks like the thorns of As-Sa'dan (thorny plant). Have you seen As-Sa'dan? " They replied, "Yes, O Allah's Apostle!" He said, "So those hooks look like the thorns of As-Sa'dan, but none knows how big they are except Allah. Those hooks will snap the people away according to their deeds. Some of the people will stay in Hell (be destroyed) because of their (evil) deeds, and some will be cut or torn by the hooks (and fall into Hell) and some will be punished and then relieved. When Allah has finished His Judgments among the people, He will take whomever He will out of Hell through His Mercy. He will then order the angels to take out of the Fire all those who used to worship none but Allah from among those whom Allah wanted to be merciful to and those who testified (in the world) that none has the right to be worshipped but Allah. The angels will recognize them in the Fire by the marks of prostration (on their foreheads), for the Fire will eat up all the human body except the mark caused by prostration as Allah has forbidden the Fire to eat the mark of prostration. They will come out of the (Hell) Fire, completely burnt and then the water of life will be poured over them and they will grow under it as does a seed that comes in the mud of the torrent.

Then Allah will finish the judgments among the people, and there will remain one man facing the (Hell) Fire and he will be the last person among the people of Hell to enter Paradise. He will say, 'O my Lord! Please turn my face away from the fire because its air has hurt me and its severe heat has burnt me.' So he will invoke Allah in the way Allah will wish him to invoke, and then Allah will say to him, 'If I grant you that, will you then ask for anything else?' He will reply, 'No, by Your Power, (Honor) I will not ask You for anything else.' He will give his Lord whatever promises and covenants Allah will demand.

So Allah will turn his face away from Hell (Fire). When he will face Paradise and will see it, he will remain quiet for as long as Allah will wish him to remain quiet, then he will say, 'O my Lord! Bring me near to the gate of Paradise.' Allah will say to him, 'Didn't you give your promises and covenants that you would never ask for anything more than what you had been given? Woe on you, O Adam's son! How treacherous you are!' He will say, 'O my lord,' and will keep on invoking Allah till He says to him, 'If I give what you are asking, will you then ask for anything else?' He will reply, 'No, by Your (Honor) Power, I will not ask for anything else.'

Then he will give covenants and promises to Allah and then Allah will bring him near to the gate of Paradise. When he stands at the gate of Paradise, Paradise will be opened and spread before him, and he will see its splendor and pleasures whereupon he will remain quiet as long as Allah will wish him to remain quiet, and then he will say, O my Lord! Admit me into Paradise.' Allah will say, 'Didn't you give your covenants and promises that you would not ask for anything more than what you had been given?' Allah will say, 'Woe on you, O Adam's son! How treacherous you are! '

The man will say, 'O my Lord! Do not make me the most miserable of Your creation,' and he will keep on invoking Allah till Allah will laugh because of his sayings, and when Allah will laugh because of him, He will say to him, 'Enter Paradise,' and when he will enter it, Allah will say to him, 'Wish for anything.' So he will ask his Lord, and he will wish for a great number of things, for Allah Himself will remind him to wish for certain things by saying, '(Wish for) so-and-so.' When there is nothing more to wish for, Allah will say, 'This is for you, and its equal (is for you) as well."

'Ata' bin Yazid added: Abu Sa'id Al-Khudri who was present with Abu Huraira, did not deny whatever the latter said, but when Abu Huraira said that Allah had said, "That is for you and its equal as well," Abu Sa'id Al-Khudri said, "And ten times as much, O Abu Huraira!" Abu Huraira said, "I do not remember, except his saying, 'That is for you and its equal as well.'" Abu Sa'id Al-Khudri then said, "I testify that I remember the Prophet saying, 'That is for you, and ten times as much.' ' Abu Huraira then added, "That man will be the last person of the people of Paradise to enter Paradise."

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."

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

Abu Sufyan narrated to me personally, saying, "I set out during the Truce that had been concluded between me and Allah's Apostle. While I was in Sham, a letter sent by the Prophet was brought to Heraclius. Dihya Al-Kalbi had brought and given it to the governor of Busra, and the latter forwarded it to Heraclius. Heraclius said, 'Is there anyone from the people of this man who claims to be a prophet?' The people replied, 'Yes.' So I along with some of Quraishi men were called and we entered upon Heraclius, and we were seated in front of him. Then he said, 'Who amongst you is the nearest relative to the man who claims to be a prophet?' So they made me sit in front of him and made my companions sit behind me. Then he called upon his translator and said (to him). 'Tell them ( i.e. Abu Sufyan's companions) that I am going to ask him (i.e. Abu Sufyan) regarding that man who claims to be a prophet. So, if he tell me a lie, they should contradict him (instantly).' By Allah, had I not been afraid that my companions would consider me a liar, I would have told lies. Heraclius then said to his translator, 'Ask him: What is his (i.e. the Prophet's) family status amongst you? I said, 'He belongs to a noble family amongst us." Heraclius said, 'Was any of his ancestors a king?' I said, 'No.' He said, 'Did you ever accuse him of telling lies before his saying what he has said?' I said, 'No.' He said, 'Do the nobles follow him or the poor people?' I said, 'It is the poor who followed him.' He said, 'Is the number of his follower increasing or decreasing?' I said, 'The are increasing.' He said, 'Does anyone renounce his religion (i.e. Islam) after embracing it, being displeased with it?' I said, 'No.' He said, 'Did you fight with him?' I replied, 'Yes.' He said, 'How was your fighting with him?' I said, 'The fighting between us was undecided and victory was shared by him and us by turns. He inflicts casualties upon us and we inflict casualties upon him.' He said, 'Did he ever betray?' I said, 'No, but now we are away from him in this truce and we do not know what he will do in it" Abu Sufyan added, "By Allah, I was not able to insert in my speech a word (against him) except that. Heraclius said, 'Did anybody else (amongst you) ever claimed the same (i.e. Islam) before him? I said, 'No.' Then Heraclius told his translator to tell me (i.e. Abu Sufyan), 'I asked you about his family status amongst you, and you told me that he comes from a noble family amongst you Verily, all Apostles come from the noblest family among their people. Then I asked you whether any of his ancestors was a king, and you denied that. Thereupon I thought that had one of his fore-fathers been a king, I would have said that he (i.e. Muhammad) was seeking to rule the kingdom of his fore-fathers. Then I asked you regarding his followers, whether they were the noble or the poor among the people, and you said that they were only the poor (who follow him). In fact, such are the followers of the Apostles. Then I asked you whether you have ever accused him of telling lies before saying what he said, and your reply was in the negative. Therefore, I took for granted that a man who did not tell a lie about others, could ever tell a lie about Allah. Then I asked you whether anyone of his followers had renounced his religion (i.e. Islam) after embracing it, being displeased with it, and you denied that. And such is Faith when it mixes with the cheerfulness of the hearts. Then I asked you whether his followers were increasing or decreasing. You claimed that they were increasing. That is the way of true faith till it is complete. Then I asked you whether you had ever fought with him, and you claimed that you had fought with him and the battle between you and him was undecided and the victory was shared by you and him in turns; he inflicted casual ties upon you and you inflicted casualties upon them. Such is the case with the Apostles; they are out to test and the final victory is for them. Then I asked you whether he had ever betrayed; you claimed that he had never betrayed. I need, Apostles never betray. Then I asked you whether anyone had said this statement before him; and you denied that. Thereupon I thought if somebody had said that statement before him, then I would have said that he was but a man copying some sayings said before him." Abu Safyan said, "Heraclius then asked me, 'What does he order you to do?' I said, 'He orders us (to offer) prayers and (to pay) Zakat and to keep good relationship with the Kith and kin and to be chaste.' Then Heraclius said, 'If whatever you have said, is true, he is really a prophet, and I knew that he ( i.e. the Prophet ) was going to appear, but I never thought that he would be from amongst you. If I were certain that I can reach him, I would like to meet him and if I were with him, I would wash his feet; and his kingdom will expand (surely to what is under my feet.' Then Heraclius asked for the letter of Allah's Apostle and read it wherein was written: "In the Name of Allah, the Most Beneficent, the Most Merciful. This letter is) from Muhammad, Apostle of Allah, to Heraclius, the sovereign of Byzantine........ Peace be upon him who follows the Right Path. Now then, I call you to embrace Islam. Embrace Islam and you will be saved (from Allah's Punishment); embrace Islam, and Allah will give you a double reward, but if you reject this, you will be responsible for the sins of the tillers (i.e. the people of your kingdom) and (Allah's Statement):--"O the people of the Scripture (Jews and Christians)! Come to a word common to you and us that we worship None but Allah....bear witness that we are Muslims.' (3.64) When he finished reading the letter, voices grew louder near him and there was a great hue and cry, and we were ordered to go out." Abu Sufyan added, "While coming out, I said to my companions, 'The situation of Ibn Abu Kabsha (i.e. Muhammad) has become strong; even the king of Banu Al14 Asfar is afraid of him.' So I continued to believe that Allah's Apostle would be victorious, till Allah made me embrace Islam." Az-Zuhri said, "Heraclius then invited all the chiefs of the Byzantines and had them assembled in his house and said, 'O group of Byzantines! Do you wish to have a permanent success and guidance and that your kingdom should remain with you?' (Immediately after hearing that), they rushed towards the gate like onagers, but they found them closed. Heraclius then said, 'Bring them back to me.' So he called them and said, 'I just wanted to test the strength of your adherence to your religion. Now I have observed of you that which I like.' Then the people fell in prostration before him and became pleased with him." (See Hadith No. 6,Vol 1)