I said to Ibn `Abbas, "Nauf-al-Bakali " claims that Moses of Bani Israel was not Moses, the companion of Al-Khadir." Ibn `Abbas said, "Allah's enemy tells a lie! Ubai bin Ka`b narrated to us that Allah's Apostle said, 'Moses got up to deliver a sermon before Bani Israel and he was asked, 'Who is the most learned person among the people?' Moses replied, 'I (am the most learned).' Allah then admonished Moses for he did not ascribe all knowledge to Allah only (Then) came the Divine Inspiration:-- 'Yes, one of Our slaves at the junction of the two seas is more learned than you.' Moses said, 'O my Lord ! How can meet him?' Allah said, 'Take a fish in a basket and wherever the fish is lost, follow it (you will find him at that place). So Moses set out along with his attendant Yusha` bin Noon, and they carried with them a fish till they reached a rock and rested there. Moses put his head down and slept. (Sufyan, a sub-narrator said that somebody other than `Amr said) 'At the rock there was a water spring called 'Al-Hayat' and none came in touch with its water but became alive. So some of the water of that spring fell over that fish, so it moved and slipped out of the basket and entered the sea. When Moses woke up, he asked his attendant, 'Bring our early meal' (18.62). The narrator added: Moses did not suffer from fatigue except after he had passed the place he had been ordered to observe. His attendant Yusha` bin Noon said to him, 'Do you remember (what happened) when we betook ourselves to the rock? I did indeed forget (about) the fish ...' (18.63) The narrator added: So they came back, retracing their steps and then they found in the sea, the way of the fish looking like a tunnel. So there was an astonishing event for his attendant, and there was tunnel for the fish. When they reached the rock, they found a man covered with a garment. Moses greeted him. The man said astonishingly, 'Is there any such greeting in your land?' Moses said, 'I am Moses.' The man said, 'Moses of Bani Israel?' Moses said, 'Yes,' and added, 'may I follow you so that you teach me something of the Knowledge which you have been taught?' (18.66). Al-Khadir said to him, 'O Moses! You have something of Allah's knowledge which Allah has taught you and which I do not know; and I have something of Allah's knowledge which Allah has taught me and which you do not know.' Moses said, 'But I will follow you.' Al-Khadir said, 'Then if you follow me, ask me no question about anything until I myself speak to you concerning it.' (18.70). After that both of them proceeded along the seashore. There passed by them a boat whose crew recognized Al-Khadir and received them on board free of charge. So they both got on board. A sparrow came and sat on the edge of the boat and dipped its beak unto the sea. Al-Khadir said to Moses. 'My knowledge and your knowledge and all the creation's knowledge compared to Allah's knowledge is not more than the water taken by this sparrow's beak.' Then Moses was startled by Al-Khadir's action of taking an adze and scuttling the boat with it. Moses said to him, 'These people gave us a free lift, but you intentionally scuttled their boat so as to drown them. Surely you have...' (18.71) Then they both proceeded and found a boy playing with other boys. Al-Khadir took hold of him by the head and cut it off. Moses said to him, 'Have you killed an innocent soul who has killed nobody? Surely you have done an illegal thing! ' (18.74) He said, "Didn't I tell you that you will not be able to have patient with me up to ..but they refused to entertain them as their guests. There they found a wall therein at the point of collapsing.' (18.75-77) Al-Khadir moved his hand thus and set it upright (repaired it). Moses said to him, 'When we entered this town, they neither gave us hospitality nor fed us; if you had wished, you could have taken wages for it,' Al- Khadir said, 'This is the parting between you and me I will tell you the interpretation of (those things) about which you were unable to hold patience.'...(18.78) Allah's Apostle said, 'We wished that Moses could have been more patient so that He (Allah) could have described to us more about their story.' Ibn `Abbas used to recite:-- 'And in front (ahead) of them there was a king who used to seize every (serviceable) boat by force. (18.79) ...and as for the boy he was a disbeliever. "

Once we were traveling with the Prophet and we carried on traveling till the last part of the night and then we (halted at a place) and slept (deeply). There is nothing sweeter than sleep for a traveler in the last part of the night. So it was only the heat of the sun that made us to wake up and the first to wake up was so and so, then so and so and then so and so (the narrator `Auf said that Abu Raja' had told him their names but he had forgotten them) and the fourth person to wake up was `Umar bin Al- Khattab. And whenever the Prophet used to sleep, nobody would wake up him till he himself used to get up as we did not know what was happening (being revealed) to him in his sleep. So, `Umar got up and saw the condition of the people, and he was a strict man, so he said, "Allahu Akbar" and raised his voice with Takbir, and kept on saying loudly till the Prophet got up because of it. When he got up, the people informed him about what had happened to them. He said, "There is no harm (or it will not be harmful). Depart!" So they departed from that place, and after covering some distance the Prophet stopped and asked for some water to perform the ablution. So he performed the ablution and the call for the prayer was pronounced and he led the people in prayer. After he finished from the prayer, he saw a man sitting aloof who had not prayed with the people. He asked, "O so and so! What has prevented you from praying with us?" He replied, "I am Junub and there is no water. " The Prophet said, "Perform Tayammum with (clean) earth and that is sufficient for you." Then the Prophet proceeded on and the people complained to him of thirst. Thereupon he got down and called a person (the narrator `Auf added that Abu Raja' had named him but he had forgotten) and `Ali, and ordered them to go and bring water. So they went in search of water and met a woman who was sitting on her camel between two bags of water. They asked, "Where can we find water?" She replied, "I was there (at the place of water) this hour yesterday and my people are behind me." They requested her to accompany them. She asked, "Where?" They said, "To Allah's Apostle ." She said, "Do you mean the man who is called the Sabi, (with a new religion)?" They replied, "Yes, the same person. So come along." They brought her to the Prophet and narrated the whole story. He said, "Help her to dismount." The Prophet asked for a pot, then he opened the mouths of the bags and poured some water into the pot. Then he closed the big openings of the bags and opened the small ones and the people were called upon to drink and water their animals. So they all watered their animals and they (too) all quenched their thirst and also gave water to others and last of all the Prophet gave a pot full of water to the person who was Junub and told him to pour it over his body. The woman was standing and watching all that which they were doing with her water. By Allah, when her water bags were returned the looked like as if they were more full (of water) than they had been before (Miracle of Allah's Apostle) Then the Prophet ordered us to collect something for her; so dates, flour and Sawiq were collected which amounted to a good meal that was put in a piece of cloth. She was helped to ride on her camel and that cloth full of foodstuff was also placed in front of her and then the Prophet said to her, "We have not taken your water but Allah has given water to us." She returned home late. Her relatives asked her: "O so and so what has delayed you?" She said, "A strange thing! Two men met me and took me to the man who is called the Sabi' and he did such and such a thing. By Allah, he is either the greatest magician between this and this (gesturing with her index and middle fingers raising them towards the sky indicating the heaven and the earth) or he is Allah's true Apostle." Afterwards the Muslims used to attack the pagans around her abode but never touched her village. One day she said to her people, "I think that these people leave you purposely. Have you got any inclination to Islam?" They obeyed her and all of them embraced Islam. Abu `Abdullah said: The word Saba'a means "The one who has deserted his old religion and embraced a new religion." Abul 'Ailya [??] said, "The S`Abis are a sect of people of the Scripture who recite the Book of Psalms."

The people passed by the Messenger of Allah (saws) with a Jew who was blackened with charcoal and who was being flogged.

He called them and said: Is this the prescribed punishment for a fornicator?

They said: Yes. He then called on a learned man among them and asked him: I adjure you by Allah Who revealed the Torah to Moses, do you find this prescribed punishment for a fornicator in your divine Book?

He said: By Allah, no. If you had not adjured me about this, I should not have informed you. We find stoning to be prescribed punishment for a fornicator in our Divine Book. But it (fornication) became frequent in our people of rank; so when we seized a person of rank, we left him alone, and when we seized a weak person, we inflicted the prescribed punishment on him. So we said: Come, let us agree on something which may be enforced equally on people of higher and lower rank. So we agreed to blacken the face of a criminal with charcoal, and flog him, and we abandoned stoning.

The Messenger of Allah (saws) then said: O Allah, I am the first to give life to Thy command which they have killed. So he commanded regarding him (the Jew) and he was stoned to death.

Allah Most High then sent down: "O Apostle, let not those who race one another into unbelief, make thee grieve..." up to "They say: If you are given this, take it, but if not, beware!...." up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) unbelievers," about Jews, up to "And if any do fail to judge by (the right of) what Allah hath revealed, they are no better than) wrong-doers" about Jews: and revealed the verses up to "And if any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) those who rebel." About this he said: This whole verse was revealed about the infidels.

Yahya related to me from Malik from Ibn Shihab from Malik ibn Aus ibn al-Hadathan an-Nasri that one time he asked to exchange 100 dinars. He said, "Talha ibn Ubaydullah called me over and we made a mutual agreement that he would make an exchange for me. He took the gold and turned it about in his hand, and then said, 'I can't do it until my treasurer brings the money to me from al-Ghaba.' Umar ibn al- Khattab was listening and Umar said, 'By Allah! Do not leave him until you have taken it from him!' Then he said, 'The Messenger of Allah, may Allah bless him and grant him peace, said, "Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand." "'

Malik said, "When a man buys dirhams with dinars and then finds a bad dirham among them and wants to return it, the exchange of the dinars breaks down, and he returns the silver and takes back his dinars. The explanation of what is disapproved of in that is that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Gold for silver is usury except hand to hand.' and Umar ibn al-Khattab said, 'If someone asks you to wait to be paid until he has gone back to his house, do not leave him.' When he returns a dirham to him from the exchange after he has left him, it is like a debt or something deferred. For that reason, it is disapproved of, and the exchange collapses. Umar ibn al-Khattab wanted that all gold, silver and food should not be sold for goods to be paid later. He did not want there to be any delay or deferment in any such sale, whether it involved one commodity or different sorts of commodities."

A lady came to Allah's Apostle and said, "O Allah's Apostle! I have come to you to offer myself to you." He raised his eyes and looked at her and then lowered his head. When the lady saw that he did not make any decision, she sat down. On that, a man from his companions got up and said. "O Allah's Apostle! If you are not in need of this woman, then marry her to me." Allah's Apostle said, "Do you have anything to offer her?" He replied. "No, by Allah, O Allah's Apostle!" The Prophet said to him, "Go to your family and see if you can find something.' The man went and returned, saying, "No, by Allah, O Allah's Apostle! I have not found anything." The Prophet said, "Try to find something, even if it is an iron ring.'' He went again and returned, saying, "No, by Allah, O Allah's Apostle, not even an iron ring, but I have this waist sheet of mine." The man had no upper garment, so he intended to give her, half his waist sheet. So Allah's Apostle said, ''What would she do with your waist sheet? If you wear it, she will have nothing of it over her body, and if she wears it, you will have nothing over your body." So that man sat for a long period and then got up, and Allah's Apostle saw him going away, so he ordered somebody to call him. When he came, the Prophet asked him, " How much of the Qur'an do you know?" He replied, "I know such Surat and such Surat and such Surat," and went on counting it, The Prophet asked him, "Can you recite it by heart?" he replied, "Yes." The Prophet said, "Go, I have married this lady to you for the amount of the Qur'an you know by heart."

When Az-Zubair married me, he had no real property or any slave or anything else except a camel which drew water from the well, and his horse. I used to feed his horse with fodder and drew water and sew the bucket for drawing it, and prepare the dough, but I did not know how to bake bread. So our Ansari neighbors used to bake bread for me, and they were honorable ladies. I used to carry the date stones on my head from Zubair's land given to him by Allah's Apostle and this land was two third Farsakh (about two miles) from my house. One day, while I was coming with the date stones on my head, I met Allah's Apostle along with some Ansari people. He called me and then, (directing his camel to kneel down) said, "Ikh! Ikh!" so as to make me ride behind him (on his camel). I felt shy to travel with the men and remembered Az-Zubair and his sense of Ghira, as he was one of those people who had the greatest sense of Ghira. Allah's Apostle noticed that I felt shy, so he proceeded. I came to Az-Zubair and said, "I met Allah's Apostle while I was carrying a load of date stones on my head, and he had some companions with him. He made his camel kneel down so that I might ride, but I felt shy in his presence and remembered your sense of Ghira (See the glossary). On that Az-Zubair said, "By Allah, your carrying the date stones (and you being seen by the Prophet in such a state) is more shameful to me than your riding with him." (I continued serving in this way) till Abu Bakr sent me a servant to look after the horse, whereupon I felt as if he had set me free.

One of the daughters of `Uthman died at Mecca. We went to attend her funeral procession. Ibn `Umar and Ibn `Abbas were also present. I sat in between them (or said, I sat beside one of them. Then a man came and sat beside me.) `Abdullah bin `Umar said to `Amr bin `Uthman, "Will you not prohibit crying as Allah's Apostle has said, 'The dead person is tortured by the crying of his relatives.?" Ibn `Abbas said, "`Umar used to say so." Then he added narrating, "I accompanied `Umar on a journey from Mecca till we reached Al-Baida. There he saw some travelers in the shade of a Samura (A kind of forest tree). He said (to me), "Go and see who those travelers are." So I went and saw that one of them was Suhaib. I told this to `Umar who then asked me to call him. So I went back to Suhaib and said to him, "Depart and follow the chief of the faithful believers." Later, when `Umar was stabbed, Suhaib came in weeping and saying, "O my brother, O my friend!" (on this `Umar said to him, "O Suhaib! Are you weeping for me while the Prophet said, "The dead person is punished by some of the weeping of his relatives?" Ibn `Abbas added, "When `Umar died I told all this to Aisha and she said, 'May Allah be merciful to `Umar. By Allah, Allah's Apostle did not say that a believer is punished by the weeping of his relatives. But he said, Allah increases the punishment of a non-believer because of the weeping of his relatives." Aisha further added, "The Qur'an is sufficient for you (to clear up this point) as Allah has stated: 'No burdened soul will bear another's burden.' " (35.18). Ibn `Abbas then said, "Only Allah makes one laugh or cry." Ibn `Umar did not say anything after that.

The people complained to the Messenger of Allah (saws) of the lack of rain, so he gave an order for a pulpit. It was then set up for him in the place of prayer. He fixed a day for the people on which they should come out.

Aisha said: The Messenger of Allah (saws), when the rim of the sun appeared, sat down on the pulpit, and having pronounced the greatness of Allah and expressed His praise, he said: You have complained of drought in your homes, and of the delay in receiving rain at the beginning of its season. Allah has ordered you to supplicate Him has and promised that He will answer your prayer.

Then he said: Praise be to Allah, the Lord of the Universe, the Compassionate, the Merciful, the Master of the Day of Judgment. There is no god but Allah Who does what He wishes. O Allah, Thou art Allah, there is no deity but Thou, the Rich, while we are the poor. Send down the rain upon us and make what Thou sendest down a strength and satisfaction for a time.

He then raised his hands, and kept raising them till the whiteness under his armpits was visible. He then turned his back to the people and inverted or turned round his cloak while keeping his hands aloft. He then faced the people, descended and prayed two rak'ahs.

Allah then produced a cloud, and the storm of thunder and lightning came on. Then the rain fell by Allah's permission, and before he reached his mosque streams were flowing. When he saw the speed with which the people were seeking shelter, he (saws) laughed till his back teeth were visible.

Then he said: I testify that Allah is Omnipotent and that I am Allah's servant and apostle.

Abu Dawud said: This is a ghraib (rate) tradition, but its chain is sound. The people of Medina recite "maliki" (instead of maaliki) yawm al-din" (the master of the Day of Judgement). But this tradition (in which the word maalik occurs) is an evidence for them.

From his father who said: "When the Messenger of Allah (sawS) sent a commander of an army, he would exhort him concerning himself to have Taqwa of Allah, and he would exhort him to be good to those who are with him among the Muslims. He would say: 'Fight in the Name of Allah, in the cause of Allah. Fight those who disbelieve in Allah, and do not steal from the spoils of war or be treacherous, nor mutilate, and do not kill a child. When you meet your enemy among the idolaters, then call them to one of the three options or choices, whichever of them they respond to then accept it from them, and refrain from them. Call them to Islam, and to relocate from their land to the land of Emigrants. Inform them that if they do that, then they will have similar to what those who emigrated have, and from them will be required similar to what is required from those who have emigrated. And if they refuse to relocate, then inform them that they will be like the Bedouins among the Muslim, and they will be treated the same as Bedouins are treated. There is no war spoils or Fay' for them, unless they fight along with the Muslims. If they refuse then seek aid from Allah against them and fight them. And if you lay siege to a fortress and they want you to grant them covenant from Allah and a covenant of His Prophet, then do not grant them the covenant of Allah nor the covenant of His Prophet. Rather grant them your own covenant and the covenant of your companions, it will be better than breaking Allah's covenant and the covenant of His Messenger. And if you lay siege to the people of a fortress and they want you to lift the siege for negotiating upon the judgement of Allah, then do not stop, but rather make them surrender to your judgement, for you do not know if you will come upon the judgement of Allah regarding them or not.' Or similar to that."

[Abu 'Eisa said:] There is something on this topic from An-Nu'man bin Muqarrin, and the Hadith of Buraidah is a Hasan Sahih Hadith

Jarir said "Allah's Apostle said to me, "Won't you relieve me from Dhul-Khalasa?" I replied, "Yes, (I will relieve you)." So I proceeded along with one-hundred and fifty cavalry from Ahmas tribe who were skillful in riding horses. I used not to sit firm over horses, so I informed the Prophet of that, and he stroke my chest with his hand till I saw the marks of his hand over my chest and he said, O Allah! Make him firm and one who guides others and is guided (on the right path).' Since then I have never fallen from a horse. Dhul-l--Khulasa was a house in Yemen belonging to the tribe of Khatham and Bajaila, and in it there were idols which were worshipped, and it was called Al-Ka`ba." Jarir went there, burnt it with fire and dismantled it. When Jarir reached Yemen, there was a man who used to foretell and give good omens by casting arrows of divination. Someone said to him. "The messenger of Allah's Apostle is present here and if he should get hold of you, he would chop off your neck." One day while he was using them (i.e. arrows of divination), Jarir stopped there and said to him, "Break them (i.e. the arrows) and testify that None has the right to be worshipped except Allah, or else I will chop off your neck." So the man broke those arrows and testified that none has the right to be worshipped except Allah. Then Jarir sent a man called Abu Artata from the tribe of Ahmas to the Prophet to convey the good news (of destroying Dhu-l-Khalasa). So when the messenger reached the Prophet, he said, "O Allah's Apostle! By Him Who sent you with the Truth, I did not leave it till it was like a scabby camel." Then the Prophet blessed the horses of Ahmas and their men five times.

Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."

Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.

She said: I have no need of perfume, but I heard the Messenger of Allah (saws) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.

She then said: I have no need of perfume, but I heard the Messenger of Allah (saws) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.

Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (saws) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?

The Messenger of Allah (saws) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (saws) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.

Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.

Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.

Abu Dawud said: The Arabic word "hafsh" means a small cell.

I heard Ka`b bin Malik who was one of the three who were forgiven, saying that he had never remained behind Allah's Apostle in any Ghazwa which he had fought except two Ghazwat Ghazwat- Al-`Usra (Tabuk) and Ghazwat-Badr. He added. "I decided to tell the truth to Allah's Apostle in the forenoon, and scarcely did he return from a journey he made, except in the forenoon, he would go first to the mosque and offer a two-rak`at prayer. The Prophet forbade others to speak to me or to my two companions, but he did not prohibit speaking to any of those who had remained behind excepting us. So the people avoided speaking to us, and I stayed in that state till I could no longer bear it, and the only thing that worried me was that I might die and the Prophet would not offer the funeral prayer for me, or Allah's Apostle might die and I would be left in that social status among the people that nobody would speak to me or offer the funeral prayer for me. But Allah revealed His Forgiveness for us to the Prophet in the last third of the night while Allah's Apostle was with Um Salama. Um Salama sympathized with me and helped me in my disaster. Allah's Apostle said, 'O Um Salama! Ka`b has been forgiven!' She said, 'Shall I send someone to him to give him the good tidings?' He said, 'If you did so, the people would not let you sleep the rest of the night.' So when the Prophet had offered the Fajr prayer, he announced Allah's Forgiveness for us. His face used to look as bright as a piece of the (full) moon whenever he was pleased. When Allah revealed His Forgiveness for us, we were the three whose case had been deferred while the excuse presented by those who had apologized had been accepted. But when there were mentioned those who had told the Prophet lies and remained behind (the battle of Tabuk) and had given false excuses, they were described with the worse description one may be described with. Allah said: 'They will present their excuses to you (Muslims) when you return to them. Say: Present no excuses; we shall not believe you. Allah has already informed us of the true state of matters concerning you. Allah and His Apostle will observe your actions." (9.94)

`Umar bin Al-Khattab departed for Sham and when he reached Sargh, the commanders of the (Muslim) army, Abu 'Ubaida bin Al-Jarrah and his companions met him and told him that an epidemic had broken out in Sham. `Umar said, "Call for me the early emigrants." So `Umar called them, consulted them and informed them that an epidemic had broken out in Sham. Those people differed in their opinions. Some of them said, "We have come out for a purpose and we do not think that it is proper to give it up," while others said (to `Umar), "You have along with you. other people and the companions of Allah's Apostle so do not advise that we take them to this epidemic." `Umar said to them, "Leave me now." Then he said, "Call the Ansar for me." I called them and he consulted them and they followed the way of the emigrants and differed as they did. He then said to them, Leave me now," and added, "Call for me the old people of Quraish who emigrated in the year of the Conquest of Mecca." I called them and they gave a unanimous opinion saying, "We advise that you should return with the people and do not take them to that (place) of epidemic." So `Umar made an announcement, "I will ride back to Medina in the morning, so you should do the same." Abu 'Ubaida bin Al-Jarrah said (to `Umar), "Are you running away from what Allah had ordained?" `Umar said, "Would that someone else had said such a thing, O Abu 'Ubaida! Yes, we are running from what Allah had ordained to what Allah has ordained. Don't you agree that if you had camels that went down a valley having two places, one green and the other dry, you would graze them on the green one only if Allah had ordained that, and you would graze them on the dry one only if Allah had ordained that?" At that time `Abdur-Rahman bin `Auf, who had been absent because of some job, came and said, "I have some knowledge about this. I have heard Allah's Apostle saying, 'If you hear about it (an outbreak of plague) in a land, do not go to it; but if plague breaks out in a country where you are staying, do not run away from it.' " `Umar thanked Allah and returned to Medina.

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)

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."

Hittan ibn Abdullah ar-Ruqashi said: AbuMusa al-Ash'ari led us in prayer.

When he sat at the end of his prayer, one of the people said: Prayer has been established by virtue and purity.

When AbuMusa returned (from his prayer or finished his prayer), he gave his attention to the people, and said: Which of you is the speaker of such and such words? The people remained silent. Which of you is the speaker of such and such words? The people remained silent. He said: You might have said them, Hittan. He replied: I did not say them. I was afraid you might punish me. One of the people said: I said them and I did not intend by them (anything) except good.

AbuMusa said: Do you not know how you utter (them) in your prayer? The Messenger of Allah (saws) addressed us, and taught us and explained to us our way of doing and taught us our prayer.

He said: When you pray a (congregational) prayer, straighten your rows, then one of you should lead you in prayer. When he says the takbir (Allah is Most Great), say the takbir, and when he recites verses "Not of those upon whom is Thy anger, nor of those who err" (i.e. the end of Surah i.), say Amin; Allah will favour you. When he says "Allah is most great," and bows, say "Allah is most great" and bow, for the imam will bow before you, and will raise (his head) before you.

The Messenger of Allah (saws) said: This is for that. When he says "Allah listens to the one who praises Him," say: "O Allah, our Lord, to Thee be praise, Allah be praised," Allah will listen to you, for Allah, the Exalted, said by the tongue of His Prophet (saws): "Allah listens to the one who praises Him." When he says "Allah is most great" and prostrates, say: "Allah is most great" and prostrate, for the imam prostrates before you and raises his head before you.

The Messenger of Allah (saws) said: This is for that. When he sits, each one of you should say "The adorations of the tongue, all good things, and acts of worship are due to Allah. Peace be upon you, O Prophet, and Allah's mercy and His blessings. Peace be upon us and upon Allah's upright servants. I testify that there is no god but Allah, and I testify that Muhammad is His servant and Apostle."

This version of Ahmad does not mention the words "and His blessings" nor the phrase "and I testify"; instead, it has the words "that Muhammad."

Sa`d bin Mu`adh came to Mecca with the intention of performing `Umra, and stayed at the house of Umaiya bin Khalaf Abi Safwan, for Umaiya himself used to stay at Sa`d's house when he passed by Medina on his way to Sham. Umaiya said to Sa`d, "Will you wait till midday when the people are (at their homes), then you may go and perform the Tawaf round the Ka`ba?" So, while Sa`d was going around the Ka`ba, Abu Jahl came and asked, "Who is that who is performing Tawaf?" Sa`d replied, "I am Sa`d." Abu Jahl said, "Are you circumambulating the Ka`ba safely although you have given refuge to Muhammad and his companions?" Sa`d said, "Yes," and they started quarreling. Umaiya said to Sa`d, "Don't shout at Abi-l-Hakam (i.e. Abu Jahl), for he is chief of the valley (of Mecca)." Sa`d then said (to Abu Jahl). 'By Allah, if you prevent me from performing the Tawaf of the Ka`ba, I will spoil your trade with Sham." Umaiya kept on saying to Sa`d, "Don't raise your voice." and kept on taking hold of him. Sa`d became furious and said, (to Umaiya), "Be away from me, for I have heard Muhammad saying that he will kill you." Umaiiya said, "Will he kill me?" Sa`d said, "Yes,." Umaiya said, "By Allah! When Muhammad says a thing, he never tells a lie." Umaiya went to his wife and said to her, "Do you know what my brother from Yathrib (i.e. Medina) has said to me?" She said, "What has he said?" He said, "He claims that he has heard Muhammad claiming that he will kill me." She said, By Allah! Muhammad never tells a lie." So when the infidels started to proceed for Badr (Battle) and declared war (against the Muslims), his wife said to him, "Don't you remember what your brother from Yathrib told you?" Umaiya decided not to go but Abu Jahl said to him, "You are from the nobles of the valley (of Mecca), so you should accompany us for a day or two." He went with them and thus Allah got him killed.

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).

Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.

He sent his son to the Prophet (saws) and said to him: Go to the Prophet (saws) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.

He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?

He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.

He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.

He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.

Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."

He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."

The Prophet rode a donkey having a saddle with a Fadakiyya velvet covering. He mounted me behind him and went to visit Sa`d bin 'Ubada, and that had been before the battle of Badr. The Prophet proceeded till he passed by a gathering in which `Abdullah bin Ubai bin Salul was present, and that had been before `Abdullah embraced Islam. The gathering comprised of Muslims, polytheists, i.e., isolators and Jews. `Abdullah bin Rawaha was also present in that gathering. When dust raised by the donkey covered the gathering, `Abdullah bin Ubai covered his nose with his upper garment and said, "Do not trouble us with dust." The Prophet greeted them, stopped and dismounted. Then he invited them to Allah (i.e., to embrace Islam) and recited to them some verses of the Holy Qur'an. On that, `Abdullah bin Ubai said, "O man ! There is nothing better than what you say if it is true. Do not trouble us with it in our gathering, but return to your house, and if somebody comes to you, teach him there." On that `Abdullah bin Rawaha said, Yes, O Allah's Apostle! Bring your teachings to our gathering, for we love that." So the Muslims, the pagans and the Jews started abusing each other till they were about to fight. The Prophet kept on quietening them till they became calm. Thereupon the Prophet mounted his animal and proceeded till he entered upon Sa`d bin Ubada. He said to him "O Sa`d! Have you not heard what Abu Hubab (i.e., `Abdullah bin Ubai) said?" Sa`d said, 'O Allah's Apostle! Excuse and forgive him, for Allah has given you what He has given you. The people of this town (Medina decided unanimously to crown him and make him their chief by placing a turban on his head, but when that was prevented by the Truth which Allah had given you he (`Abdullah bin Ubai) was grieved out of jealously, and that was the reason which caused him to behave in the way you have seen."

Yahya related to me from Malik from Hisham ibn Urwa that his father would never do two sets of seven tawafs together without praying between them. After every seven tawafs he would pray two rakas, sometimes at the maqam of Ibrahim, and sometimes elsewhere.

Malik was asked whether a man doing voluntary tawaf could, to make it easier on himself, join two or more sets of seven circuits and then pray whatever he owed for those sets of seven, and he said, "He should not do that. The sunna is that he does two rakasafter every seven circuits."

Malik said, about someone who began doing tawaf and then forgot how many he had done and did eightor nine circuits, "He should stop when he knows that he has done more than the right number and then pray two rakas,and he should not count the ones that he has done in excess. Neither should he build on the nine that he has done and then pray the rakas for the two sets of seven circuits together, because the sunna is that you pray two rakas after every seven circuits."

Malik said that someone who was in doubt about his tawaf after he had prayed the two rakas of tawaf should go back and complete his tawaf until he was certain of how much he had done. He should then repeat the two rakas, because prayer when doing tawaf was only valid after completing seven circuits.

"If some one breaks his wudu either while he is doing tawaf, or when he has finished tawaf but before he has prayed the two rakas of tawaf, he should do wudu and begin the tawaf and the two rakas afresh. Breaking wudu does not interrupt say between Safa and Marwa, but a person should not begin say unless he is pure by being in wudu."

I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).

Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.

He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.

(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.

I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.

Allah's Apostle (and his army) encountered the pagans and the two armies.,, fought and then Allah's Apostle returned to his army camps and the others (i.e. the enemy) returned to their army camps. Amongst the companions of the Prophet there was a man who could not help pursuing any single isolated pagan to strike him with his sword. Somebody said, "None has benefited the Muslims today more than so-and-so." On that Allah's Apostle said, "He is from the people of the Hell-Fire certainly." A man amongst the people (i.e. Muslims) said, "I will accompany him (to know the fact)." So he went along with him, and whenever he stopped he stopped with him, and whenever he hastened, he hastened with him. The (brave) man then got wounded severely, and seeking to die at once, he planted his sword into the ground and put its point against his chest in between his breasts, and then threw himself on it and committed suicide. On that the person (who was accompanying the deceased all the time) came to Allah's Apostle and said, "I testify that you are the Apostle of Allah." The Prophet said, "Why is that (what makes you say so)?" He said "It is concerning the man whom you have already mentioned as one of the dwellers of the Hell-Fire. The people were surprised by your statement, and I said to them, "I will try to find out the truth about him for you." So I went out after him and he was then inflicted with a severe wound and because of that, he hurried to bring death upon himself by planting the handle of his sword into the ground and directing its tip towards his chest between his breasts, and then he threw himself over it and committed suicide." Allah's Apostle then said, "A man may do what seem to the people as the deeds of the dwellers of Paradise but he is from the dwellers of the Hell-Fire and another may do what seem to the people as the deeds of the dwellers of the Hell- Fire, but he is from the dwellers of Paradise."

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

Ibn ‘Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet (saws) of having committed adultery with Sharik bin Sahma’”. The Prophet (saws) said “Produce evidence or you must receive punishment on your back.” He said “Apostle of Allaah(saws) when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet (saws) merely said “You must produce evidence or you must receive punishment on your back.” Hilal then said “By Him Who sent you with the Truth, I am speaking Truly. May Allaah send down something which will free my back from punishment. Then the following Qur’anic verses were revealed “And those who make charges against their spouses but have no witnesses except themselves” reciting till he reached “one of those who speak the truth”. The Prophet (saws) then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet (saws) was saying “Allaah knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time saying that Allaah’s anger be upon her if he was one of those who spoke the truth, they said to her “this is the deciding one”. Ibn ‘Abbas said “She then hesitated and drew back so that we thought the she would withdraw(what she said) “Look and see whether she gives birth to a child with eyes looking as if they have antimony in them, wide buttocks and fat legs, if she did. Sharik bin Sahma’ will be its father. She then gave birth to a child of a similar description. The Prophet (saws) thereupon said “If it were not for what has already been stated in Allaah’s book I would have dealt severely with her.”

Abu Dawud said “This tradition has been transmitted by the people of Medina alone. They narrated the tradition of Hilal on the authority of Ibn Bashshar.”

Allah 's Apostle said, "Allah has some angels who look for those who celebrate the Praises of Allah on the roads and paths. And when they find some people celebrating the Praises of Allah, they call each other, saying, "Come to the object of your pursuit.' " He added, "Then the angels encircle them with their wings up to the sky of the world." He added. "(after those people celebrated the Praises of Allah, and the angels go back), their Lord, asks them (those angels)----though He knows better than them----'What do My slaves say?' The angels reply, 'They say: Subhan Allah, Allahu Akbar, and Alham-du-li l-lah, Allah then says 'Did they see Me?' The angels reply, 'No! By Allah, they didn't see You.' Allah says, How it would have been if they saw Me?' The angels reply, 'If they saw You, they would worship You more devoutly and celebrate Your Glory more deeply, and declare Your freedom from any resemblance to anything more often.' Allah says (to the angels), 'What do they ask Me for?' The angels reply, 'They ask You for Paradise.' Allah says (to the angels), 'Did they see it?' The angels say, 'No! By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it, they would have greater covetousness for it and would seek It with greater zeal and would have greater desire for it.' Allah says, 'From what do they seek refuge?' The angels reply, 'They seek refuge from the (Hell) Fire.' Allah says, 'Did they see it?' The angels say, 'No By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it they would flee from it with the extreme fleeing and would have extreme fear from it.' Then Allah says, 'I make you witnesses that I have forgiven them."' Allah's Apostle added, "One of the angels would say, 'There was so-and-so amongst them, and he was not one of them, but he had just come for some need.' Allah would say, 'These are those people whose companions will not be reduced to misery.' "

When the Prophet got up at night to offer the Tahajjud prayer, he used to say: Allahumma lakal-hamd. Anta qaiyyimus-samawati wal-ard wa man fihinna. Walakal-hamd, Laka mulkus-samawati wal-ard wa man fihinna. Walakal-hamd, anta nurus-samawati wal-ard. Wa lakal-hamd, anta-l-haq wa wa'duka-lhaq, wa liqa'uka Haq, wa qauluka Haq, wal-jannatu Han wan-naru Haq wannabiyuna Haq. Wa Muhammadun, sallal-lahu'alaihi wasallam, Haq, was-sa'atu Haq. Allahumma aslamtu Laka wabika amantu, wa 'Alaika tawakkaltu, wa ilaika anabtu wa bika khasamtu, wa ilaika hakamtu faghfir li ma qaddamtu wama akh-khartu wama as-rartu wama'a lantu, anta-l-muqaddim wa anta-l-mu akh-khir, la ilaha illa anta (or la ilaha ghairuka). (O Allah! All the praises are for you, You are the Holder of the Heavens and the Earth, And whatever is in them. All the praises are for You; You have the possession of the Heavens and the Earth And whatever is in them. All the praises are for You; You are the Light of the Heavens and the Earth And all the praises are for You; You are the King of the Heavens and the Earth; And all the praises are for You; You are the Truth and Your Promise is the truth, And to meet You is true, Your Word is the truth And Paradise is true And Hell is true And all the Prophets (Peace be upon them) are true; And Muhammad is true, And the Day of Resurrection is true. O Allah ! I surrender (my will) to You; I believe in You and depend on You. And repent to You, And with Your help I argue (with my opponents, the non-believers) And I take You as a judge (to judge between us). Please forgive me my previous And future sins; And whatever I concealed or revealed And You are the One who make (some people) forward And (some) backward. There is none to be worshipped but you . Sufyan said that `Abdul Karim Abu Umaiya added to the above, 'Wala haula Wala quwata illa billah' (There is neither might nor power except with Allah).

Sa'id said that when Abu Idris Khaulini narrated this hadith he knelt upon his knees.

When the Prophet intended to perform `Umra in the month of Dhul-Qada, the people of Mecca did not let him enter Mecca till he settled the matter with them by promising to stay in it for three days only. When the document of treaty was written, the following was mentioned: 'These are the terms on which Muhammad, Allah's Apostle agreed (to make peace).' They said, "We will not agree to this, for if we believed that you are Allah's Apostle we would not prevent you, but you are Muhammad bin `Abdullah." The Prophet said, "I am Allah's Apostle and also Muhammad bin `Abdullah." Then he said to `Ali, "Rub off (the words) 'Allah's Apostle' ", but `Ali said, "No, by Allah, I will never rub off your name." So, Allah's Apostle took the document and wrote, 'This is what Muhammad bin `Abdullah has agreed upon: No arms will be brought into Mecca except in their cases, and nobody from the people of Mecca will be allowed to go with him (i.e. the Prophet ) even if he wished to follow him and he (the Prophet ) will not prevent any of his companions from staying in Mecca if the latter wants to stay.' When the Prophet entered Mecca and the time limit passed, the Meccans went to `Ali and said, "Tell your Friend (i.e. the Prophet ) to go out, as the period (agreed to) has passed." So, the Prophet went out of Mecca. The daughter of Hamza ran after them (i.e. the Prophet and his companions), calling, "O Uncle! O Uncle!" `Ali received her and led her by the hand and said to Fatima, "Take your uncle's daughter." Zaid and Ja`far quarreled about her. `Ali said, "I have more right to her as she is my uncle's daughter." Ja`far said, "She is my uncle's daughter, and her aunt is my wife." Zaid said, "She is my brother's daughter." The Prophet judged that she should be given to her aunt, and said that the aunt was like the mother. He then said to 'All, "You are from me and I am from you", and said to Ja`far, "You resemble me both in character and appearance", and said to Zaid, "You are our brother (in faith) and our freed slave."

During the affliction of Ibn Az-Zubair, two men came to Ibn `Umar and said, "The people are lost, and you are the son of `Umar, and the companion of the Prophet, so what forbids you from coming out?" He said, "What forbids me is that Allah has prohibited the shedding of my brother's blood." They both said, "Didn't Allah say, 'And fight then until there is no more affliction?" He said "We fought until there was no more affliction and the worship is for Allah (Alone while you want to fight until there is affliction and until the worship become for other than Allah." Narrated Nafi` (through another group of sub-narrators): A man came to Ibn `Umar and said, "O Abu `Abdur Rahman! What made you perform Hajj in one year and Umra in another year and leave the Jihad for Allah' Cause though you know how much Allah recommends it?" Ibn `Umar replied, "O son of my brother! Islam is founded on five principles, i.e. believe in Allah and His Apostle, the five compulsory prayers, the fasting of the month of Ramadan, the payment of Zakat, and the Hajj to the House (of Allah)." The man said, "O Abu `Abdur Rahman! Won't you listen to why Allah has mentioned in His Book: 'If two groups of believers fight each other, then make peace between them, but if one of then transgresses beyond bounds against the other, then you all fight against the one that transgresses. (49.9) and:--"And fight them till there is no more affliction (i.e. no more worshiping of others along with Allah)." Ibn `Umar said, "We did it, during the lifetime of Allah's Apostle when Islam had only a few followers. A man would be put to trial because of his religion; he would either be killed or tortured. But when the Muslims increased, there was no more afflictions or oppressions." The man said, "What is your opinion about `Uthman and `Ali?" Ibn `Umar said, "As for `Uthman, it seems that Allah has forgiven him, but you people dislike that he should be forgiven. And as for `Ali, he is the cousin of Allah's Apostle and his son-in-law." Then he pointed with his hand and said, "That is his house which you see."

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

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

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

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

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

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

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

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

Some (cooked) meat was brought to Allah Apostle and the meat of a forearm was presented to him as he used to like it. He ate a morsel of it and said, "I will be the chief of all the people on the Day of Resurrection. Do you know the reason for it? Allah will gather all the human being of early generations as well as late generation on one plain so that the announcer will be able to make them all-hear his voice and the watcher will be able to see all of them. The sun will come so close to the people that they will suffer such distress and trouble as they will not be able to bear or stand. Then the people will say, 'Don't you see to what state you have reached? Won't you look for someone who can intercede for you with your Lord' Some people will say to some others, 'Go to Adam.' So they will go to Adam and say to him. 'You are the father of mankind; Allah created you with His Own Hand, and breathed into you of His Spirit (meaning the spirit which he created for you); and ordered the angels to prostrate before you; so (please) intercede for us with your Lord. Don't you see in what state we are? Don't you see what condition we have reached?' Adam will say, 'Today my Lord has become angry as He has never become before, nor will ever become thereafter. He forbade me (to eat of the fruit of) the tree, but I disobeyed Him . Myself! Myself! Myself! (I am preoccuied with my own problems). Go to someone else; go to Noah.' So they will go to Noah and say (to him), 'O Noah! You are the first (of Allah's Messengers) to the people of the earth, and Allah has named you a thankful slave; please intercede for us with your Lord. Don't you see in what state we are?' He will say.' Today my Lord has become angry as He has never become nor will ever become thereafter. I had (in the world) the right to make one definitely accepted invocation, and I made it against my nation. Myself! Myself! Myself! Go to someone else; go to Abraham.' They will go to Abraham and say, 'O Abraham! You are Allah's Apostle and His Khalil from among the people of the earth; so please intercede for us with your Lord. Don't you see in what state we are?' He will say to them, 'My Lord has today become angry as He has never become before, nor will ever become thereafter. I had told three lies (Abu Haiyan (the sub-narrator) mentioned them in the Hadith) Myself! Myself! Myself! Go to someone else; go to Moses.' The people will then go to Moses and say, 'O Moses! You art Allah's Apostle and Allah gave you superiority above the others with this message and with His direct Talk to you; (please) intercede for us with your Lord Don't you see in what state we are?' Moses will say, 'My Lord has today become angry as He has never become before, nor will become thereafter, I killed a person whom I had not been ordered to kill. Myself! Myself! Myself! Go to someone else; go to Jesus.' So they will go to Jesus and say, 'O Jesus! You are Allah's Apostle and His Word which He sent to Mary, and a superior soul created by Him, and you talked to the people while still young in the cradle. Please intercede for us with your Lord. Don't you see in what state we are?' Jesus will say. 'My Lord has today become angry as He has never become before nor will ever become thereafter. Jesus will not mention any sin, but will say, 'Myself! Myself! Myself! Go to someone else; go to Muhammad.' So they will come to me and say, 'O Muhammad ! You are Allah's Apostle and the last of the prophets, and Allah forgave your early and late sins. (Please) intercede for us with your Lord. Don't you see in what state we are?" The Prophet added, "Then I will go beneath Allah's Throne and fall in prostration before my Lord. And then Allah will guide me to such praises and glorification to Him as He has never guided anybody else before me. Then it will be said, 'O Muhammad Raise your head. Ask, and it will be granted. Intercede and It (your intercession) will be accepted.' So I will raise my head and Say, 'My followers, O my Lord! My followers, O my Lord'. It will be said, 'O Muhammad! Let those of your followers who have no accounts, enter through such a gate of the gates of Paradise as lies on the right; and they will share the other gates with the people." The Prophet further said, "By Him in Whose Hand my soul is, the distance between every two gate-posts of Paradise is like the distance between Mecca and Busra (in Sham).

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 that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

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).

Usama bin Zaid said, "The Prophet rode over a donkey with a saddle underneath which there was a thick soft Fadakiya velvet sheet. Usama bin Zaid was his companion rider, and he was going to pay a visit to Sa`d bin Ubada (who was sick) at the dwelling place of Bani Al-Harith bin Al-Khazraj, and this incident happened before the battle of Badr. The Prophet passed by a gathering in which there were Muslims and pagan idolators and Jews, and among them there was `Abdullah bin Ubai bin Salul, and there was `Abdullah bin Rawaha too. When a cloud of dust raised by the animal covered that gathering, `Abdullah bin Ubai covered his nose with his Rida (sheet) and said (to the Prophet), "Don't cover us with dust." The Prophet greeted them and then stopped, dismounted and invited them to Allah (i.e., to embrace Islam) and also recited to them the Holy Qur'an. `Abdullah bin Ubai' bin Salul said, "O man! There is nothing better than what you say, if what you say is the truth. So do not trouble us in our gatherings. Go back to your mount (or house,) and if anyone of us comes to you, tell (your tales) to him." On that `Abdullah bin Rawaha said, "(O Allah's Apostle!) Come to us and bring it(what you want to say) in our gatherings, for we love that." So the Muslims, the pagans and the Jews started quarreling till they were about to fight and clash with one another. The Prophet kept on quietening them (till they all became quiet). He then rode his animal, and proceeded till he entered upon Sa`d bin 'Ubada, he said, "O Sa`d, didn't you hear what Abu Habbab said? (He meant `Abdullah bin Ubai). He said so-and-so." Sa`d bin 'Ubada said, "O Allah's Apostle! Excuse and forgive him, for by Allah, Allah has given you what He has given you. The people of this town decided to crown him (as their chief) and make him their king. But when Allah prevented that with the Truth which He had given you, it choked him, and that was what made him behave in the way you saw him behaving." So the Prophet excused him.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."