Allah's Apostle returned from a journey when I had placed a curtain of mine having pictures over (the door of) a chamber of mine. When Allah's Apostle saw it, he tore it and said, "The people who will receive the severest punishment on the Day of Resurrection will be those who try to make the like of Allah's creations." So we turned it (i.e., the curtain) into one or two cushions.

Allah's Apostle said, "Allah guarantees to the person who carries out Jihad for His Cause and nothing compelled him to go out but the Jihad in His Cause, and belief in His Words, that He will either admit him into Paradise or return him with his reward or the booty he has earned to his residence from where he went out." (See Hadith No. 555).

Yahya related to me from Malik from Yazid ibn Abdullah Qusayt al- Laythi that he saw Said ibn al-Musayyab having a nose-bleed while praying. He went off to the room of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and water was brought to him and he did wudu. He then returned and completed his prayer.

Once the call (Iqama) for the prayer was announced and the rows were straightened. Allah's Apostle came out; and when he stood up at his Musalla, he remembered that he was Junub. Then he ordered us to stay at our places and went to take a bath and then returned with water dropping from his head. He said, "Allahu-Akbar", and we all offered the prayer with him.

I asked `Aisha "How is the night prayer of the Prophet?" She replied, "He used to sleep early at night, and get up in its last part to pray, and then return to his bed. When the Mu'adh-dhin pronounced the Adhan, he would get up. If he was in need of a bath he would take it; otherwise he would perform ablution and then go out (for the prayer)."

Ibn Umar reported that Allah's Messenger (may peace be upon him) observed the circumambulation of Ifada on the Day of Nabr (10th of Dhu'l-Hijja), and then came back and observed the noon prayer at Mina. Nafi' (one of the narrators) said that Ibn Umar used to observe the circumambulation of Ifada on the Day of Nahr, and then return and observe the noon prayer at Mina, and mentioned that Allah's Apostle (may peace be upon him) did that.

'I went and entered upon `Umar, his doorman, Yarfa came saying `Uthman, `Abdur-Rahman, Az- Zubair and Sa`d are asking your permission (to see you). May I admit them? `Umar said, 'Yes.' So he admitted them Then he came again and said, 'May I admit `Ali and `Abbas?' He said, 'Yes.' `Abbas said, 'O, chief of the believers! Judge between me and this man (Ali ). `Umar said, 'I beseech you by Allah by Whose permission both the heaven and the earth exist, do you know that Allah's Apostle said, 'Our (the Apostles') property will not be inherited, and whatever we leave (after our death) is to be spent in charity?' And by that Allah's Apostle meant himself.' The group said, '(No doubt), he said so.' `Umar then faced `Ali and `Abbas and said, 'Do you both know that Allah's Apostle said that?' They replied, '(No doubt), he said so.' `Umar said, 'So let me talk to you about this matter. Allah favored His Apostle with something of this Fai' (i.e. booty won by the Muslims at war without fighting) which He did not give to anybody else; Allah said:-- 'And what Allah gave to His Apostle ( Fai' Booty) .........to do all things....(59.6) And so that property was only for Allah's Apostle . Yet, by Allah, he neither gathered that property for himself nor withheld it from you, but he gave its income to you, and distributed it among you till there remained the present property out of which the Prophet used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's property is spent (i.e. in charity etc.). Allah's Apostle followed that throughout his life. Now I beseech you by Allah, do you know all that?' They said, 'Yes.' `Umar then said to `Ali and `Abbas, 'I beseech you by Allah, do you know that?' Both of them said, 'Yes.' `Umar added, 'And when the Prophet died, Abu Bakr said, ' I am the successor of Allah's Apostle, and took charge of that property and managed it in the same way as Allah's Apostle did. Then I took charge of this property for two years during which I managed it as Allah's Apostle and Abu Bakr did. Then you both (`Ali and `Abbas) came to talk to me, bearing the same claim and presenting the same case. (O `Abbas!) You came to me asking for your share from the property of your nephew, and this man (Ali) came to me, asking for the share of h is wife from the property of her father. I said, 'If you both wish, I will give that to you on that condition (i.e. that you would follow the way of the Prophet and Abu Bakr and as I (`Umar) have done in man aging it).' Now both of you seek of me a verdict other than that? Lo! By Allah, by Whose permission both the heaven and the earth exist, I will not give any verdict other than that till the Hour is established. If you are unable to manage it, then return it to me, and I will be sufficient to manage it on your behalf.' "

Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (saws) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.

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

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

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

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

The Prophet visited her (Juwairiya) on a Friday and she was fasting. He asked her, "Did you fast yesterday?" She said, "No." He said, "Do you intend to fast tomorrow?" She said, "No." He said, "Then break your fast." Through another series of narrators, Abu Aiyub is reported to have said, "He ordered her and she broke her fast."

That the Messenger of Allah (saws) said to the people of weights and measures: "Indeed you have been entrusted with two matters that nations preceding you in the past were destroyed for."

[Abu 'Eisa said:] We do not know this Hadith to be Marfu' except through the narration of Husain bin Qais, and Husain bin Qais was graded weak in Hadith. This has been reported as Maquf narration from Ibn 'Abbas with a Sahih chain of narration.

When Allah favored His Apostle with the properties of Hawazin tribe as Fai (booty), he started giving to some Quarries men even up to one-hundred camels each, whereupon some Ansari men said about Allah's Apostle, "May Allah forgive His Apostle! He is giving to (men of) Quraish and leaves us, in spite of the fact that our swords are still dropping blood (of the infidels)" When Allah's Apostle was informed of what they had said, he called the Ansar and gathered them in a leather tent and did not call anybody else along, with them. When they gathered, Allah's Apostle came to them and said, "What is the statement which, I have been informed, and that which you have said?" The learned ones among them replied," O Allah's Apostle! The wise ones amongst us did not say anything, but the youngsters amongst us said, 'May Allah forgive His Apostle; he gives the Quarish and leaves the Ansar, in spite of the fact that our swords are still dribbling (wet) with the blood of the infidels.' " Allah's Apostle replied, I give to such people as are still close to the period of Infidelity (i.e. they have recently embraced Islam and Faith is still weak in their hearts). Won't you be pleased to see people go with fortune, while you return with Allah's Apostle to your houses? By Allah, what you will return with, is better than what they are returning with." The Ansar replied, "Yes, O Allah's Apostle, we are satisfied' Then the Prophet said to them." You will find after me, others being preferred to you. Then be patient till you meet Allah and meet His Apostle at Al-Kauthar (i.e. a fount in Paradise)." (Anas added:) But we did not remain patient.

(regarding): 'Neither say your, prayer aloud, nor say it in a low tone.' (17.110) This Verse was revealed while Allah's Apostle was hiding himself in Mecca. When he prayed with his companions, he used to raise his voice with the recitation of Qur'an, and if the pagans happened to hear him, they would abuse the Qur'an, the One who revealed it and the one who brought it. Therefore Allah said to His Prophet : 'Neither say your prayer aloud.' (17.110) i.e. do not recite aloud lest the pagans should hear you, but follow a way between.

I went to help that man (i.e., `Ali), and on the way I met Abu Bakra who asked me, "Where are you going?" I replied, "I am going to help that man." He said, "Go back, for I heard Allah's Apostle saying, 'If two Muslims meet each other with their swords then (both) the killer and the killed one are in the (Hell) Fire.' I said, 'O Allah's Apostle! It is alright for the killer, but what about the killed one?' He said, 'The killed one was eager to kill his opponent."

The Prophet (saws) said: Three types of people attend Friday prayer; One is present in a frivolous way and that is all he gets from it; another comes with a supplication, Allah may grant or refuse his request as He wishes; another is present silently and quietly with-out stepping over a Muslim or annoying anyone, and that is an atonement for his sins till the next Friday and three days more, the reason being that Allah, the Exalted, says: "He who does a good deed will have ten times as much" (vi.160).

When Abu Huraira accompanied by his slave set out intending to embrace Islam they lost each other on the way. The slave then came while Abu Huraira was sitting with the Prophet. The Prophet said, "O Abu Huraira! Your slave has come back." Abu Huraira said, "Indeed, I would like you to witness that I have manumitted him." That happened at the time when Abu Huraira recited (the following poetic verse):-- 'What a long tedious tiresome night! Nevertheless, it has delivered us From the land of Kufr (disbelief).

The Prophet left Medina (for Mecca) in the company of ten-thousand (Muslim warriors) in (the month of) Ramadan, and that was eight and a half years after his migration to Medina. He and the Muslims who were with him, proceeded on their way to Mecca. He was fasting and they were fasting, but when they reached a place called Al-Kadid which was a place of water between 'Usfan and Kudaid, he broke his fast and so did they. (Az-Zuhri said, "One should take the last action of Allah's Apostle and leave his early action (while taking a verdict.")

The Messenger of Allah (saws) said: None of you should take the property of his brother in amusement (i.e. jest), nor in earnest. The narrator Sulayman said: Out of amusement and out of earnest. If anyone takes the staff of his brother, he should return it. The transmitter Ibn Bashshar did not say "Ibn Yazid, and he said: The Messenger of Allah (saws) said.

Yahya related to me from Malik from Ibn Shihab that Abd ar-Rahman ibn Kab ibn Malik al-Ansari told him that his father, Kab ibn Malik, used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "The ruh of the mumin is a bird that sits in the trees of the Garden until Allah returns it to his body on the day He raises him ."

The Prophet came across me in one of the streets of Medina and at that time I was Junub. So I slipped away from him and went to take a bath. On my return the Prophet said, "O Abu Huraira! Where have you been?" I replied, "I was Junub, so I disliked to sit in your company." The Prophet said, "Subhan Allah! A believer never becomes impure."

Allah's Apostle went out (of the mosque) when the Iqama had been pronounced and the rows straightened. The Prophet stood at his Musalla (praying place) and we waited for the Prophet to begin the prayer with Takbir. He left and asked us to remain in our places. We kept on standing till the Prophet returned and the water was trickling from his head for he had taken a bath (of Janaba).

Allah's Apostle sent us to Yemen along with Khalid bin Al-Walid. Later on he sent `Ali bin Abi Talib in his place. The Prophet said to `Ali, "Give Khalid's companions the choice of either staying with you (in Yemen) or returning to Medina." I was one of those who stayed with him (i.e. `Ali) and got several Awaq (of gold from the war booty.

Regarding His (Allah's) Statement:-- 'Move not your tongue concerning (the Qur'an) to make haste therewith.' (75.16) And whenever Gabriel descended to Allah's Apostle with the Divine Inspiration, Allah's Apostle used to move his tongue and lips, and that used to be hard for him, and one could easily recognize that he was being inspired Divinely. So Allah revealed the Verse which occurs in the Surah starting with "I do swear by the Day of Resurrection.' (75.1) i.e. 'Move not your tongue concerning (the Qur'an) to make haste then with. It is for Us to collect it (in your mind) (O Muhammad) an give you the ability to recite it 'by heart.' (75.16-17) which means: It is for us to collect it (in your mind) and give you the ability to recite it by heart. And when We have recited it to you (O Muhammad) through Gabriel then follow you its recital. (75.18) means: 'When We reveal it (the Qur'an) to you, Listen to it.' for then: It is for Us to explain it and make it clear to you' (75.19) i.e. It is up to Us to explain it through your tongue. So, when Gabriel came to him, Allah's Apostle would listen to him attentively, and as soon as Gabriel left, he would recite the Revelations, as Allah had promised him.

On the day of Khaibar, Allah's Apostle said, "Tomorrow I will give this flag to a man through whose hands Allah will give us victory. He loves Allah and His Apostle, and he is loved by Allah and His Apostle." The people remained that night, wondering as to who would be given it. In the morning the people went to Allah's Apostle and everyone of them was hopeful to receive it (i.e. the flag). The Prophet said, "Where is `Ali bin Abi Talib?" It was said, "He is suffering from eye trouble O Allah's Apostle." He said, "Send for him." `Ali was brought and Allah's Apostle spat in his eye and invoked good upon him. So `Ali was cured as if he never had any trouble. Then the Prophet gave him the flag. `Ali said "O Allah's Apostle! I will fight with them till they become like us." Allah's Apostle said, "Proceed and do not hurry. When you enter their territory, call them to embrace Islam and inform them of Allah's Rights which they should observe, for by Allah, even if a single man is led on the right path (of Islam) by Allah through you, then that will be better for you than the nice red camels.

We buried a deceased person in the company of the Messenger of Allah (saws). When we had finished, the Messenger of Allah (saws) returned and we also returned with him. When he approached his door, he stopped, and we saw a woman coming towards him.

He (the narrator) said: I think he recognized her. When she went away, we came to know that she was Fatimah.

The Messenger of Allah (saws) said to her: What brought you out of your house, Fatimah?

She replied: I came to the people of this house, Messenger of Allah, and I showed pity and expressed my condolences to them for their deceased relation.

The Messenger of Allah (saws) said: You might have gone to the graveyard with them.

She replied: I seek refuge in Allah! I heard you referring to what you mentioned.

He said: If you had gone to the graveyard...He then mentioned severe words about it.

I then asked Rabi'ah (a narrator of this tradition) about al-kuda (stony land). He replied: I think it means the graves.

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet made a treaty, and neither did the Prophet fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

Yahya related to me from Malik from Jafar ibn Muhammad from his father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, walked when he came down from Safa and Marwa and then, when he reached the middle of the valley, he broke into a light run until he had left it.

Malik said, about a man who, out of ignorance, did the say between Safa and Marwa before he had done tawaf of the House, "He should go back and do tawaf of the House and then do say between Safa and Marwa. If he does not learn about this until he has left Makka and is far away, he should return to Makka and do tawaf of the House and say between Safa and Marwa. If in the meantime he has had intercourse with a woman he should return, and do tawaf of the House and say between Safa and Marwa so that he completes what he owes of that umra. Then, after that, he has to do another umra and offer a sacrificial animal ."

Yahya related to me from Malik from Ibn Shihab that Rafi ibn Khadij married the daughter of Muhammad ibn Maslama al-Ansari. She was with him until she grew older, and then he married a young girl and preferred the young girl to her. She begged him to divorce her, so he divorced her and then he gave her time until she had almost finished her idda period and then he returned and still preferred the young girl. She therefore asked him to divorce her. He divorced her once, and then returned to her, and still preferred the young girl, and she asked him to divorce her. He said, "What do you want? There is only one divorce left. If you like, continue and put up with what you see of preference, and if you like, I will separate from you." She said, "I will continue in spite of the preference." He kept her in spite of that. Rafi did not see that he had done any wrong action when she remained with him in spite of preference.

That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."

[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."

A man entered the mosque...... He then narrated the tradition like the one narrated in (No.855).

This version is as follows: The Prophet (saws) said: The prayer of anyone is not perfect unless he performs ablution perfectly; he should then utter the takbir, and praise Allah, the Exalted, and admire Him; he should then recite the Qur'an as much as he desires. He should then say: "Allah is Most Great". Next he should bow so that all his joints return to their proper places. Then he should say: "Allah listens to the one who praises Him", and stand erect. He should then say:"Allah is most great," and should prostrate himself so that all his joints are completely at rest. Then he should say: "Allah is most great"; he should raise his head (at the end of prostration) till he sits erect. Then he should say: "Allah is most great"; then he should prostrate himself till all his joints return to their proper places. Then he should raise his head and say the takbir. When he does so, then his prayer is completed.

When the Prophet (saws) intended to go on an expedition, he always pretended to be going somewhere else, and he would say: War is deception.

Abu Dawud said: Only Ma'mar has transmitted this tradition. By this he refers to his statement "War is deception" through this chain of narrators. He narrated it from the tradition of 'Amr b. Dinar from Jabir, and from the tradition of Ma'mar from Hammam b. Munabbih on the authority of Abu Hurairah.

Allah's Apostle said, "The believers, after being saved from the (Hell) Fire, will be stopped at a bridge between Paradise and Hell and mutual retaliation will be established among them regarding wrongs they have committed in the world against one another. After they are cleansed and purified (through the retaliation), they will be admitted into Paradise; and by Him in Whose Hand Muhammad's soul is, everyone of them will know his dwelling in Paradise better than he knew his dwelling in this world."

A bedouin came to the Prophet and said, "O Allah's Apostle! What are the biggest sins?: The Prophet said, "To join others in worship with Allah." The bedouin said, "What is next?" The Prophet said, "To be undutiful to one's parents." The bedouin said "What is next?" The Prophet said "To take an oath 'Al-Ghamus." The bedouin said, "What is an oath 'Al-Ghamus'?" The Prophet said, "The false oath through which one deprives a Muslim of his property (unjustly).

The Prophet said, "There will emerge from the East some people who will recite the Qur'an but it will not exceed their throats and who will go out of (renounce) the religion (Islam) as an arrow passes through the game, and they will never come back to it unless the arrow, comes back to the middle of the bow (by itself) (i.e., impossible). The people asked, "What will their signs be?" He said, "Their sign will be the habit of shaving (of their beards and their heads). (Fath-ul-Bari, Page 322, Vol. 17th)

(the wife of the Prophet) The people used to come from their abodes and from Al-`Awali (i.e. outskirts of Medina up to a distance of four miles or more from Medina). They used to pass through dust and used to be drenched with sweat and covered with dust; so sweat used to trickle from them. One of them came to Allah's Apostle who was in my house. The Prophet said to him, "I wish that you keep yourself clean on this day of yours (i.e. take a bath)."

The Prophet fixed Dhul-Hulaifa as the Miqat for the people of Medina, Al-Juhfa, for the people of Sham, Yalamlam for the people of Yemen, and Qarn for the people of Najd. And these Mawaqit are for those living at those very places, and besides them for those who come through those places with the intention of performing Hajj and Umra; and whoever is living inside these places can assume lhram from his own dwelling place, and the people of Mecca can assume lhram from Mecca.

The Prophet (p.b.u.h) fixed Dhul-Hulaifa as the Miqat for the people of Medina, Al-Juhfa for the people of Sham, Qarn-al-Manazil for the people of Najd, and Yalamlam for the people of Yemen; and these Mawaqit are for those living at those very places, and besides them for those whom come through them with the intention of performing Hajj and Umra; and whoever is living within these Mawaqit should assume lhram from where he starts, and the people of Mecca can assume Ihram from Mecca.

The Prophet fixed Dhul-Hulaifa as the Miqat (the place for assuming Ihram) for the people of Medina, and Qaran-al-Manazil for the people of Najd, and Yalamlam for the people of Yemen. These Mawaqit are for those people and also for those who come through these Mawaqit (from places other than the above-mentioned) with the intention of (performing) Hajj and Umra. And those living inside these Mawaqit can assume Ihram from the place where they start; even the people of Mecca can assume Ihram from Mecca.

That the Prophet (saws) said: "A house without dates, its inhabitants will be hungry."

He said: There are narrations on this topic from Salma the wife of Abu Rafi'.

[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. We do not know of it to be a narration of Hisham bin 'Urwah except through this route. He said: I asked Al-Bukhari about this Hadith and he said: "I do not know of anyone who reported it other than Yahya bin Hassan."

"The Messenger of Allah (saws) was asked: 'Which deed is the most virtuos ? And which deed is the best ?' He (saws) said: 'Faith in Allah and His Messenger.' It was said: 'Then what ?' He said: 'Jihad is the hump (the most prominent) of the deeds.' Then what O Messenger of Allah ? He said: 'Then Hajj Mabrur.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih, it has been reported through other routes from Abu Hurairah from the Prophet (saws).

That Ibn Sirin said: "I made my sword like the sword of Samurah bin Jundab. Samurah claimed that he made his sword like the sword of the Messenger of Allah (saws), and it was a Hanafiyah."

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except through this route. Yahya bin Sa'eed Al-Qattan has criticized 'Uthman bin Sa'd the scribe, and he graded him weak due to his memory.

That the Messenger of Allah (saws) said: "Change the gray, and do not resemble the Jews."

He said: There are narration on this topic from Az-Zubair, Ibn 'Abbas, Jabir, Abu Dharr, Anas, Abu Rimthah, Al-Jahdamah, Abu At-Tufail, Jabir bin Samurah, Abu Juhaifah, and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith, and it has been reported through other routes from Abu Hurairah from the Prophet (saws).

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

A man bought a slave, and he remained with him as long as Allah wished him to remain. He then found defect in him. He brought his dispute with him to the Prophet (saws) and he returned him to him. The man said: Messenger of Allah, my slave earned some wages. The Messenger of Allah (saws) then said: Profit follows responsibility.

Abu Dawud said: This chain of narrators (of this version) is not reliable.