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Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is."

Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."

وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ سَأَلَ ابْنَ شِهَابٍ عَنِ الرَّجُلِ، يَعْتَكِفُ هَلْ يَدْخُلُ لِحَاجَتِهِ تَحْتَ سَقْفٍ فَقَالَ نَعَمْ لاَ بَأْسَ بِذَلِكَ ‏.‏ قَالَ مَالِكٌ الأَمْرُ عِنْدَنَا الَّذِي لاَ اخْتِلاَفَ فِيهِ أَنَّهُ لاَ يُكْرَهُ الاِعْتِكَافُ فِي كُلِّ مَسْجِدٍ يُجَمَّعُ فِيهِ وَلاَ أُرَاهُ كُرِهَ الاِعْتِكَافُ فِي الْمَسَاجِدِ الَّتِي لاَ يُجَمَّعُ فِيهَا إِلاَّ كَرَاهِيَةَ أَنْ يَخْرُجَ الْمُعْتَكِفُ مِنْ مَسْجِدِهِ الَّذِي اعْتَكَفَ فِيهِ إِلَى الْجُمُعَةِ أَوْ يَدَعَهَا فَإِنْ كَانَ مَسْجِدًا لاَ يُجَمَّعُ فِيهِ الْجُمُعَةُ وَلاَ يَجِبُ عَلَى صَاحِبِهِ إِتْيَانُ الْجُمُعَةِ فِي مَسْجِدٍ سِوَاهُ فَإِنِّي لاَ أَرَى بَأْسًا بِالاِعْتِكَافِ فِيهِ لأَنَّ اللَّهَ تَبَارَكَ وَتَعَالَى قَالَ ‏{‏وَأَنْتُمْ عَاكِفُونَ فِي الْمَسَاجِدِ‏}‏ فَعَمَّ اللَّهُ الْمَسَاجِدَ كُلَّهَا وَلَمْ يَخُصَّ شَيْئًا مِنْهَا ‏.‏ قَالَ مَالِكٌ فَمِنْ هُنَالِكَ جَازَ لَهُ أَنْ يَعْتَكِفَ فِي الْمَسَاجِدِ الَّتِي لاَ يُجَمَّعُ فِيهَا الْجُمُعَةُ إِذَا كَانَ لاَ يَجِبُ عَلَيْهِ أَنْ يَخْرُجَ مِنْهُ إِلَى الْمَسْجِدِ الَّذِي تُجَمَّعُ فِيهِ الْجُمُعَةُ ‏.‏ قَالَ مَالِكٌ وَلاَ يَبِيتُ الْمُعْتَكِفُ إِلاَّ فِي الْمَسْجِدِ الَّذِي اعْتَكَفَ فِيهِ إِلاَّ أَنْ يَكُونَ خِبَاؤُهُ فِي رَحَبَةٍ مِنْ رِحَابِ الْمَسْجِدِ وَلَمْ أَسْمَعْ أَنَّ الْمُعْتَكِفَ يَضْرِبُ بِنَاءً يَبِيتُ فِيهِ إِلاَّ فِي ...
USC-MSA web (English) reference : Book 19, Hadith 3
Arabic reference : Book 19, Hadith 695
Mishkat al-Masabih 801
Abu Humaid as-Sa‘idi once told a company of ten of the Prophet’s companions that he was more informed than any of them regarding the manner in which God’s Messenger conducted his prayer, and when they asked him to expound it to them, he said:
When God’s Messenger stood up to pray he raised his hands so as to bring them opposite his shoulders and said the takbir; then he recited some verses; then said the takbir, raising his hands so as to bring them opposite his shoulders; then he bowed, placing the palms of his hands on his knees and keeping himself straight neither raising nor lowering his head; then raised his head saying, “God listens to him who praises Him”; then raised his hands placing them exactly opposite his shoulders; then said the takbir; then lowered himself to the ground in prostration, keeping his arms away from his sides and bending his toes; then raised his head, bent his left foot and sat on it; then he adopted a natural position so that every bone returned properly to its place; then he prostrated himself; then he said the takbir, raised himself and bent his left foot and sat on it: then he adopted a natural position so that every bone returned to its place; then he got up, and did the same as that in the second rak'a. At the end of two rak'as he stood up and said the takbir, raising his hands so as to bring them opposite his shoulders in the way he had said the takbir on beginning to pray; then he did that in the remainder of his prayer, and after the sajda* which is followed by the taslim he put out his left foot and sat on his left hip; then he uttered the taslim. They said, “You have spoken the truth. This is how he used to pray.” *i.e. prostration Abu Dawud and Darimi transmitted it. And Tirmidhi and Ibn Majah transmitted something to the same effect. Tirmidhi saying that this is a hasan sahih tradition. Then he bowed and placed his hands on his knees as though he were clutching them, and he bent his arms and kept them away from his sides. He (i.e. the narrator) said that he then prostrated himself placing his nose and his forehead on the ground, keeping his arms away from his sides, placing the palms of his hands [on the ground] opposite his shoulders, keeping his thighs separate and not letting his stomach press on any part of his thighs till he finished; then he sat up and spread out his left foot, putting forward the front of his right foot towards his qibla, placing the palm of his right hand on his right knee and the palm of his left hand on his left knee, and he pointed with his finger, i.e., his forefinger. In another version by him [it says]: When he sat at the end of two rak'as he sat on the sole of his left foot and raised the right, and after the fourth he placed his left hip on the ground and put out both feet on one side. A version by Abu Dawud of the tradition of Abu Humaid.
عَن أبي حميد السَّاعِدِيّ قَالَ فِي عشرَة مِنْ أَصْحَابِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: أَنَا أَعْلَمُكُمْ بِصَلَاةِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالُوا فَاعْرِضْ. قَالَ: كَانَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا قَامَ إِلَى الصَّلَاة يرفع يَدَيْهِ حَتَّى يُحَاذِيَ بِهِمَا مَنْكِبَيْهِ ثُمَّ يُكَبِّرُ ثُمَّ يَقْرَأُ ثُمَّ يُكَبِّرُ وَيَرْفَعُ يَدَيْهِ حَتَّى يُحَاذِيَ بِهِمَا مَنْكِبَيْهِ ثُمَّ يَرْكَعُ وَيَضَعُ رَاحَتَيْهِ عَلَى رُكْبَتَيْهِ ثُمَّ يَعْتَدِلُ فَلَا يُصَبِّي رَأْسَهُ وَلَا يُقْنِعُ ثُمَّ يَرْفَعُ رَأْسَهُ فَيَقُولُ: «سَمِعَ اللَّهُ لِمَنْ حَمِدَهُ» ثُمَّ يَرْفَعُ يَدَيْهِ حَتَّى يُحَاذِيَ بِهِمَا مَنْكِبَيْهِ مُعْتَدِلًا ثُمَّ يَقُولُ: «اللَّهُ أَكْبَرُ» ثُمَّ يَهْوِي إِلَى الْأَرْضِ سَاجِدًا فَيُجَافِي يَدَيْهِ عَن جَنْبَيْهِ وَيفتح أَصَابِعَ رِجْلَيْهِ ثُمَّ يَرْفَعُ رَأْسَهُ وَيُثْنِي رِجْلَهُ الْيُسْرَى فَيَقْعُدُ عَلَيْهَا ثُمَّ يَعْتَدِلُ حَتَّى يَرْجِعَ كل عظم إِلَى مَوْضِعِهِ مُعْتَدِلًا ثُمَّ يَسْجُدُ ثُمَّ يَقُولُ: «اللَّهُ أَكْبَرُ» وَيَرْفَعُ وَيَثْنِي رِجْلَهُ الْيُسْرَى فَيَقْعُدُ عَلَيْهَا ثُمَّ يَعْتَدِلُ حَتَّى يَرْجِعَ كُلُّ عَظْمٍ إِلَى مَوْضِعِهِ ثُمَّ يَنْهَضُ ثُمَّ يَصْنَعُ فِي الرَّكْعَةِ الثَّانِيَةِ مِثْلَ ذَلِكَ ثُمَّ إِذَا قَامَ مِنَ الرَّكْعَتَيْنِ كَبَّرَ وَرَفَعَ يَدَيْهِ حَتَّى يُحَاذِيَ بِهِمَا مَنْكِبَيْهِ كَمَا ...
  صَحِيح   (الألباني) حكم   :
Reference : Mishkat al-Masabih 801
In-book reference : Book 4, Hadith 229
Narrated Sahl bin Sa'd as-Sa'idi (RA):
A woman came to Allah's Messenger (SAW) and said, "O Allah's Messenger, I came to offer myself to you (in marriage)." Allah's Messenger (SAW) looked her up and down (carefully), and then Allah's Messenger (SAW) lowed his head. When the woman saw that he had not made any decision regarding her she sat down. A man of his companions then stood up and said, "O Allah's Messenger, if you have no need for her, marry her to me." He asked, "Do you have anything (to give her as dowry)?" He replied, "No, I swear by Allah, O Allah's Messenger." He thereupon said, "Go to your family and see if you can find something." He went and then returned and said, "No, I swear by Allah I found nothing." Allah's Messenger (SAW) then said, "Look for something, even if it should be an iron ring." He went and then returned and said, "No, I swear by Allah, O Allah's Messenger, not even an iron ring; but I have onl this lower garment of mine - [Sahl said, 'He had no upper garment'] - and I shall give her half of it." Allah's Messenger (SAW) then said, "What will she do with your lower garment? For if you wear it, there would be nothing of it on her, and if she wears it, there would be nothing of it on you." The man then sat down and when he had sit for a long time he stood up and Allah's Messenger (SAW) saw him departing, so he commanded him and he was called back. When he came back, he said, "What do you have (i.e. memorized) from the Qur'an?" He replied, "I have Surat such and such and Surat such and such," he counted them. He then asked "Can you recited them by heart?" He replied, "Yes." He said, "Go, for I have given her to you in marriage for the part of the Qur'an which you know." [Agreed upon; the wording is Muslim's]. Another narration has: "Go for I have given her to you in marriage, so teach her some of Qur'an." A narration by al-Bukhari has: "I have married her to you for the part of the Qur'an which you know."
وَعَنْ سَهْلِ بْنِ سَعْدٍ اَلسَّاعِدِيِّ ‏- رَضِيَ اَللَّهُ عَنْهُمَا‏- قَالَ : { جَاءَتِ امْرَأَةٌ إِلَى رَسُولِ اَللَّهِ ‏- صلى الله عليه وسلم ‏-فَقَالَتْ : يَا رَسُولَ اَللَّهِ ! جِئْتُ أَهَبُ لَكَ نَفْسِي , فَنَظَرَ إِلَيْهَا رَسُولُ اَللَّهِ ‏- صلى الله عليه وسلم ‏-فَصَعَّدَ اَلنَّظَرَ فِيهَا , وَصَوَّبَهُ , ثُمَّ طَأْطَأَ رَسُولُ اَللَّهِ ‏- صلى الله عليه وسلم ‏-رَأْسَهُ , فَلَمَّا رَأَتْ اَلْمَرْأَةُ أَنَّهُ لَمْ يَقْضِ فِيهَا شَيْئًا 1‏ جَلَسَتْ , فَقَامَ رَجُلٌ مِنْ أَصْحَابِهِ .‏
فَقَالَ : يَا رَسُولَ اَللَّهِ ! إِنْ لَمْ يَكُنْ لَكَ بِهَا حَاجَةٌ فَزَوِّجْنِيهَا .‏
قَالَ : " فَهَلْ عِنْدكَ مِنْ شَيْءٍ ? " .‏
فَقَالَ : لَا , وَاَللَّهِ يَا رَسُولَ اَللَّهِ .‏
فَقَالَ : " اِذْهَبْ إِلَى أَهْلِكَ , فَانْظُرْ هَلْ تَجِدُ شَيْئًا ? " فَذَهَبَ , ثُمَّ رَجَعَ ?


فَقَالَ : لَا , وَاَللَّهِ يَا رَسُولَ اَللَّهِ، مَا وَجَدْتُ شَيْئًا.‏
فَقَالَ رَسُولُ اَللَّهِ ‏- صلى الله عليه وسلم ‏-" انْظُرْ وَلَوْ خَاتَمًا مِنْ حَدِيدٍ "، فَذَهَبَ، ثُمَّ رَجَعَ.‏
فَقَالَ : لَا وَاَللَّهِ , يَا رَسُولَ اَللَّهِ , وَلَا خَاتَمًا مِنْ حَدِيدٍ , وَلَكِنْ هَذَا إِزَارِي ‏- قَالَ سَهْلٌ : مَالُهُ رِدَاءٌ ‏- فَلَهَا نِصْفُهُ .‏
فَقَالَ رَسُولُ اَللَّهِ ‏- صلى الله عليه وسلم ‏-" مَا تَصْنَعُ بِإِزَارِكَ ? إِنْ لَبِسْتَهُ لَمْ يَكُنْ عَلَيْهَا مِنْهُ شَيْءٌ، وَإِنْ لَبِسَتْهُ لَمْ يَكُنْ عَلَيْكَ شَيْءٌ " فَجَلَسَ اَلرَّجُلُ , وَحَتَّى إِذَا طَالَ مَجْلِسُهُ ...

Sunnah.com reference : Book 8, Hadith 13
English translation : Book 8, Hadith 986
Arabic reference : Book 8, Hadith 979
Sunan Abi Dawud 1905
Ja’far bin Muhammad reported on the authority of his father “We entered upon Jabir bin ‘Abd Allaah. When we reached him, he asked about the people (who had come to visit him). When my turn came I said “I am Muhammad bin Ali bin Hussain. He patted my head with his hand and undid my upper then lower buttons. He then placed his hand between my nipples and in those days I was a young boy.” He then said “welcome to you my nephew, ask what you like. I questioned him he was blind. The time of prayer came and he stood wrapped in a mantle. Whenever he placed it on his shoulders its ends fell due to its shortness. He led us in prayer while his mantle was placed on a rack by his side. I said “tell me about the Hajj of the Apostle of Allaah(saws).”He signed with his hand and folded his fingers indicating nine. He then said Apostle of Allaah(saws) remained nine years (at Madeenah ) during which he did not perform Hajj, then made a public announcement in the tenth year to the effect that the Apostle of Allaah(saws) was about to (go to) perform Hajj. A large number of people came to Madeenah everyone desiring to follow him and act like him. The Apostle of Allaah(saws) went out and we too went out with him till we reached Dhu Al Hulaifah. Asma’ daughter of ‘Umais gave birth to Muhammad bin Abi Bakr. She sent message to Apostle of Allaah(saws) asking him What should I do?He replied “take a bath, bandage your private parts with a cloth and put on ihram.” The Apostle of Allaah(saws) then prayed (in the masjid) and mounted Al Qaswa’ and his she Camel stood erect with him on its back. Jabir said “I saw (a large number of) people on mounts and on foot in front of him and a similar number on his right side and a similar number on his left side and a similar number behind him. The Apostle of Allaah(saws) was among us, the Qur’an was being revealed to him and he knew its interpretation. Whatever he did, we did it. The Apostle of Allaah(saws) then raised his voice declaring Allaah’s unity and saying “Labbaik ( I am at thy service), O Allaah, labbaik, labbaik, Thou hast no partner praise and grace are Thine and the Dominion. Thou hast no partner. The people too raised their voices in talbiyah which they used to utter. But the Apostle of Allaah(saws) did not forbid them anything. The Apostle of Allaah(saws) continued his talbiyah. Jabir said “We did not express our intention of performing anything but Hajj, being unaware of ‘Umrah (at that season), but when we came with him to the House (the Ka’bah), he touched the corner (and made seven circuits) walking quickly with pride in three of them and walking ordinarily in four. Then going forward to the station of Abraham he recited “And take the station of Abraham as a place of prayer.” (While praying two rak’ahs) he kept the station between him and the House. The narrator said My father said that Ibn Nufail and ‘Uthman said I do not know that he (Jabir) narrated it from anyone except the Prophet (saws). The narrator Sulaiman said I do not know but he (Jabir) said “The Apostle of Allaah(saws) used to recite in the two rak’ahs “Say, He is Allaah, one” and “Say O infidels”. He then returned to the House (the ka’bah) and touched the corner after which he went out by the gate to Al Safa’. When he reached near Al Safa’ he recited “Al Safa’ and Al Marwah are among the indications of Allaah” and he added “We begin with what Allaah began with”. He then began with Al Safa’ and mounting it till he could see the House (the Ka’bah) he declared the greatness of Allaah and proclaimed his Unity. He then said “there is no god but Allaah alone, Who alone has fulfilled His promise, helped His servant and routed the confederates. He then made supplication in the course of that saying such words three times. He then descended and walked towards Al Marwah and when his feet came down into the bottom of the valley, he ran, and when he began to ascend he walked till he reached Al Marwah. He did at al Marwah as he had done at Al Safa’ and when he came to Al Marwah for the last time, he said “If I had known before what I have come to know afterwards regarding this matter of mine, I would not have brought sacrificial animals but made it an ‘Umrah, so if any of you has no sacrificial animals, he may take off ihram and treat it as an ‘Umrah. All the people then took off ihram and clipped their hair except the Prophet (saws) and those who had brought sacrificial animals. Suraqah (bin Malik) bin Ju’sham then got up and asked Apostle of Allaah(saws)does this apply to the present year or does it apply for ever? The Apostle of Allaah(saws) interwined his fingers and said “The ‘Umarh has been incorporated in Hajj. Adding ‘No’, but forever and ever. ‘Ali came from Yemen with the sacrificial animals of the Apostle of Allaah(saws) and found Fathima among one of those who had taken off their ihram. She said put on colored clothes and stained her eyes with collyrium. ‘Ali disliked (this action of her) and asked Who commanded you for this? She said “My father”. Jabir said ‘Ali said at Iraq I went to Apostle of Allaah(saws) to complain against Fathima for what she had done and to ask the opinion of Apostle of Allaah(saws) about which she mentioned to me. I informed him that I disliked her action and that thereupon she said to me “My father commanded me to do this.” He said “She spoke the truth, she spoke the truth.” What did you say when you put on ihram for Hajj? I said O Allaah, I put on ihram for the same purpose for which Apostle of Allaah(saws) has put it on. He said I have sacrificial animals with me, so do not take off ihram. He (Jabir) said “The total of those sacrificial animals brought by ‘Ali from Yemen and of those brought by the Prophet (saws) from Madeenah was one hundred.” Then all the people except the Prophet (saws) and those who had with them the sacrificial animals took off ihram and clipped their hair. When the 8th of Dhu Al Hijjah (Yaum Al Tarwiyah) came, they went towards Mina having pit on ihram for Hajj and the Apostle of Allaah(saws) rode and prayed at Mina the noon, afternoon, sunset, night and dawn prayers. After that he waited a little till the sun rose and gave orders for a tent of hair to be set up at Namrah. The Apostle of Allaah(saws) then sent out and the Quraish did not doubt that he would halt at Al Mash ‘ar Al Haram at Al Muzdalifah, as the Quraish used to do in the pre Islamic period but he passed on till he came to ‘Arafah and found that the tent had been setup at Namrah. There he dismounted and when the sun had passed the meridian he ordered Al Qaswa’ to be brought and when it was saddled for him, he went down to the bottom of the valley and addressed the people saying “Your lives and your property must be respected by one another like the sacredness of this day of yours in the month of yours in this town of yours. Lo! Everything pertaining to the pre Islamic period has been put under my feet and claims for blood vengeance belonging to the pre Islamic period have been abolished. The first of those murdered among us whose blood vengeance I permit is the blood vengeance of ours (according to the version of the narrator ‘Uthman, the blood vengeance of the son of Rabi’ah and according to the version of the narrator Sulaiman the blood vengeance of the son of Rabi’ah bin Al Harith bin ‘Abd Al Muttalib). Some (scholars) said “he was suckled among Banu Sa’d(i.e., he was brought up among Bani Sa’d) and then killed by Hudhail. The usury of the pre Islamic period is abolished and the first of usury I abolish is our usury, the usury of ‘Abbas bin ‘Abd Al Muttalib for it is all abolished. Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely. You are responsible for providing them with food and clothing in a fitting manner. I have left among you something by which if you hold to it you will never again go astray, that is Allaah’s Book. You will be asked about me, so what will you say? They replied “We testify that you have conveyed and fulfilled the message and given counsel. Then raising his forefinger towards the sky and pointing it at the people, he said “O Allaah! Be witness, O Allaah! Be witness, O Allaah! Be witness! Bilal then uttered the call to prayer and the iqamah and he prayed the noon prayer, he then uttered the iqamah and he prayed the afternoon prayer, engaging in no prayer between the two. He then mounted (his she Camel) al Qaswa’ and came to the place of standing , making his she Camel Al Qaswa‘ turn its back to the rocks and having the path taken by those who went on foot in front of him and he faced the qiblah. He remained standing till sunset when the yellow light had somewhat gone and the disc of the sun had disappeared. He took Usamah up behind him and picked the reins of Al Qaswa’ severely so much so that its head was touching the front part of the saddle. Pointing with is right hand he was saying “Calmness, O People! Calmness, O people. Whenever he came over a mound (of sand) he let loose its reins a little so that it could ascend. He then came to Al Muzdalifah where he combined the sunset and night prayers, with one adhan and two iqamahs. The narrator ‘Uthamn said He did not offer supererogatory prayers between them. The narrators are then agreed upon the version He then lay down till dawn and prayed the dawn prayer when the morning light was clear. The narrator Sulaiman said with one adhan and one iqamah. The narrators are then agreed upon the version He then mounted Al Qaswa’ and came to Al Mash’ar Al Haram and ascended it. The narrators ‘Uthaman and Sulaiman said He faced the qiblah praised Allaah, declared His greatness, His uniqueness. ‘Uthamn added in his version and His Unity and kept standing till the day was very clear. The Apostle of Allaah(saws) then went quickly before the sun rose , taking Al Fadl bin ‘Abbas behind him. He was a man having beautiful hair, white and handsome color. When the Apostle of Allaah(saws) went quickly, the women in the howdas also began to pass him quickly. Al Fadl began to look at them. The Apostle of Allaah(saws) placed his hand on the face of Al Fadl , but Al fadl turned his face towards the other side. The Apostle of Allaah(saws) also turned away his hand to the other side. Al Fadl also turned his face to the other side looking at them till he came to (the Valley of) Muhassir. He urged the Camel a little and following a middle road which comes out at the greatest jamrah, he came to the jamrah which is beside the tree and he threw seven small pebbles at this (jamrah) saying “Allah is most great” each time he threw a pebble like bean seeds. He threw them from the bottom of the valley. The Apostle of Allaah(saws) then went to the place of the sacrifice and sacrificed sixty three Camels with his own hand. He then commanded ‘Ali who sacrificed the remainder and he shared him and his sacrificial animals. After that he ordered that a piece of flesh from each Camel should be put in a pot and when it was cooked the two of them ate some of it and drank some of its broth. The narrator Sulaiman said the he mounted afterwards the Apostle of Allaah(saws) went quickly to the House (the Ka’bah) and prayed the noon prayer at Makkah. He came to Banu ‘Abd Al Muttalib who were supplying water at Zamzam and said draw water Banu ‘Abd Al Muttalib were it not that people would take from you the right to draw water, I would draw it along with you. So they handed him a bucket and he drank from it.
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُحَمَّدٍ النُّفَيْلِيُّ، وَعُثْمَانُ بْنُ أَبِي شَيْبَةَ، وَهِشَامُ بْنُ عَمَّارٍ، وَسُلَيْمَانُ بْنُ عَبْدِ الرَّحْمَنِ الدِّمَشْقِيَّانِ، - وَرُبَّمَا زَادَ بَعْضُهُمْ عَلَى بَعْضٍ الْكَلِمَةَ وَالشَّىْءَ - قَالُوا حَدَّثَنَا حَاتِمُ بْنُ إِسْمَاعِيلَ حَدَّثَنَا جَعْفَرُ بْنُ مُحَمَّدٍ عَنْ أَبِيهِ قَالَ دَخَلْنَا عَلَى جَابِرِ بْنِ عَبْدِ اللَّهِ فَلَمَّا انْتَهَيْنَا إِلَيْهِ سَأَلَ عَنِ الْقَوْمِ حَتَّى انْتَهَى إِلَىَّ فَقُلْتُ أَنَا مُحَمَّدُ بْنُ عَلِيِّ بْنِ حُسَيْنٍ ‏.‏ فَأَهْوَى بِيَدِهِ إِلَى رَأْسِي فَنَزَعَ زِرِّي الأَعْلَى ثُمَّ نَزَعَ زِرِّي الأَسْفَلَ ثُمَّ وَضَعَ كَفَّهُ بَيْنَ ثَدْيَىَّ وَأَنَا يَوْمَئِذٍ غُلاَمٌ شَابٌّ ‏.‏ فَقَالَ مَرْحَبًا بِكَ وَأَهْلاً يَا ابْنَ أَخِي سَلْ عَمَّا شِئْتَ ‏.‏ فَسَأَلْتُهُ وَهُوَ أَعْمَى وَجَاءَ وَقْتُ الصَّلاَةِ فَقَامَ فِي نِسَاجَةٍ مُلْتَحِفًا بِهَا يَعْنِي ثَوْبًا مُلَفَّقًا كُلَّمَا وَضَعَهَا عَلَى مَنْكِبِهِ رَجَعَ طَرَفَاهَا ...
Grade: Sahih (Al-Albani)  صحيح   (الألباني) حكم   :
Reference : Sunan Abi Dawud 1905
In-book reference : Book 11, Hadith 185
English translation : Book 10, Hadith 1900

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms, extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit term before the year expires for a slave-girl and ten dinars to be paid immediately or on credit term longer than the year. This falls into the category of selling gold for gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of in that case, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then buy her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That was not to be done.

حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ الثِّقَةِ، عِنْدَهُ عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ بَيْعِ الْعُرْبَانِ ‏.‏

قَالَ مَالِكٌ: وَذلِكَ فِيمَا نُرَى - وَاللهُ أَعْلَمُ - أَنْ يَشْتَرِيَ الرَّجُلُ الْعَبْدَ، أَوِ الْوَلِيدَةَ. أَوْ يَتَكَارَى الدَّابَّةَ. ثُمَّ يَقُولُ لِلَّذِي اشْتَرَى مِنْهُ، أَوْ تَكَارَى مِنْهُ: أُعْطِيكَ دِينَاراً، أَوْ دِرْهَماً، أَوْ أَكْثَرَ مِنْ ذلِكَ، أَوْ أَقَلَّ. عَلَى أَنِّي إِنْ أَخَذْتُ السِّلْعَةَ، أَوْ رَكِبْتُ مَا تَكَارَيْتُ مِنْكَ، فَالَّذِي أَعْطَيْتُكَ هُوَ مِنْ ثَمَنِ السِّلْعَةِ. أَوْ مِنْ كِرَاءِ الدَّابَّةِ، وَإِنْ تَرَكْتُ ابْتِيَاعَ السِّلْعَةِ، أَوْ كِرَاءَ الدَّابَّةِ، فَمَا أَعْطَيْتُكَ لَكَ بَاطِلٌ بِغَيْرِ شَيْءٍ.

قَالَ مَالِكٌ: وَالْأَمْرُ عِنْدَنَا، أَنَّهُ لاَ بَأْسَ بِأَنْ يَبْتَاعَ الْعَبْدَ التَّاجِرَ الْفَصِيحَ، بِالْأَعْبُدِ مِنَ الْحَبَشَةِ، أَوْ مِنْ جِنْسٍ مِنَ الْأَجْنَاسِ، لَيْسُوا مِثْلَهُ فِي الْفَصَاحَةِ، وَلاَ فِي التِّجَارَةِ، وَالنَّفَاذِ، وَالْمَعْرِفَةِ. لاَ بَأْسَ بِهذَا، أَنْ يَشْتَرِيَ مِنْهُ الْعَبْدَ بِالْعَبْدَيْنِ، أَوْ بِالْأَعْبُدِ إِلَى أَجَلٍ مَعْلُومٍ. إِذَا اخْتَلَفَ، فَبَانَ اخْتِلاَفُهُ .فَإِنْ أَشْبَهَ بَعْضُ ذلِكَ بَعْضاً، حَتَّى يَتَقَارَبَ، فَلاَ تَأْخُذَنْ مِنْهُ اثْنَيْنِ بِوَاحِدٍ، إِلَى أَجَلٍ. وَإِنِ اخْتَلَفَتْ أَجْنَاسُهُمْ.

قَالَ مَالِكٌ: ...

USC-MSA web (English) reference : Book 31, Hadith 1
Arabic reference : Book 31, Hadith 1293
Mishkat al-Masabih 3562
Buraida told that Ma'iz b. Malik came to the Prophet and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God's forgiveness and turn to Him in repentance.” He said that he went back not very far, then came and said, “Purify me, Messenger of God,” and the Prophet said the same as he had said before. When this went on till a fourth time he asked, “For what am I to purify you?” and he replied that it was because of fornication. God’s Messenger then asked if the man was mad, and when he was told that he was not, he asked if he had drunk wine. A man got up and smelt his breath but noticed no smell of wine, so the Prophet asked him if he had committed fornication, and when he replied that he had, he gave orders regarding him and he was stoned to death. Two or three days later God’s Messenger came and said, “Ask forgiveness for Ma'iz b. Malik. He has repented to such an extent that if it were divided among a people it would be enough for them all.” Then a woman of Ghamid, a branch of Azd came to him and said, “Purify me, Messenger of God.” He replied, “Out upon you! Go back, ask God’s forgiveness and turn to Him in repentance.” She said, “Do you want to send me back as you did to Ma'iz b. Malik when I am 1 pregnant as a result of fornication?” He asked whether she was referring to herself, and when she replied that she was, he told her to wait till she had given birth to what was in her womb. One of the Ansar became responsible for her till she was delivered of a child, and then went to the Prophet and told him that the woman of Ghamid had given birth to a child. He said, "In that case we shall not stone her and so leave her child as an infant with no one to suckle him.” One of the Ansar then got up and said, "I shall be responsible for his suckling, Prophet of God." He then had her stoned to death. A version says that he told her to go away till she gave birth to a child, then when she did, he told her to go away and suckle him till she had weaned him. When she had weaned him she brought the boy to him with a piece of bread in his hand and said, "I have weaned this one and he has eaten food." He (hen handed the boy over to one of the Muslims, and when he had given command regarding her and she was put in a hole up to her breast, he ordered the people to stone her. Khalid b. al-Walid came forward with a stone which he threw at her head, and when the blood spurted on his face he cursed her, but the Prophet said, "Gently, Khalid, By Him in whose hand my soul is, she has repented to such an extent that if one who wrongfully takes an extra tax 2 were to repent to a like extent he would be forgiven." Then giving command regarding her, he prayed over her and she was buried. Muslim transmitted it. 1. The Arabic uses the third person, saying she was pregnant. It may be an explanatory phrase, but I have ventured to treat it as part of the woman's word since this makes the sentence read a little more easily. 2. Sahib maks. Maks was money taken from sellers in the market in pre-Islamic times; it is also used of something taken by a tax-collector over and above that is duo.
وَعَنْ بُرَيْدَةَ قَالَ: جَاءَ مَاعِزُ بْنُ مَالِكٍ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ: يَا رَسُولَ اللَّهِ طَهِّرْنِي فَقَالَ: «وَيْحَكَ ارْجِعْ فَاسْتَغْفر الله وَتب إِلَيْهِ» . فَقَالَ: فَرَجَعَ غَيْرَ بَعِيدٍ ثُمَّ جَاءَ فَقَالَ: يَا رَسُولَ اللَّهِ طَهِّرْنِي. فَقَالَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِثْلَ ذَلِكَ حَتَّى إِذَا كَانَتِ الرَّابِعَة قَالَه لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «فِيمَ أُطَهِّرُكَ؟» قَالَ: مِنَ الزِّنَا قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «أَبِهِ جُنُونٌ؟» فَأُخْبِرَ أَنَّهُ لَيْسَ بِمَجْنُونٍ فَقَالَ: «أَشَرِبَ خَمْرًا؟» فَقَامَ رَجُلٌ فَاسْتَنْكَهَهُ فَلَمْ يَجِدْ مِنْهُ رِيحَ خَمْرٍ فَقَالَ: «أَزَنَيْتَ؟» قَالَ: نَعَمْ فَأَمَرَ بِهِ فَرُجِمَ فَلَبِثُوا يَوْمَيْنِ أَوْ ثَلَاثَةً ثُمَّ جَاءَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ: «اسْتَغْفِرُوا لِمَاعِزِ بْنِ مَالِكٍ لَقَدْ تَابَ تَوْبَةً لَوْ قُسِّمَتْ بَيْنَ أُمَّةٍ لَوَسِعَتْهُمْ» ثُمَّ جَاءَتْهُ امْرَأَةٌ مِنْ غَامِدٍ مِنَ الْأَزْدِ فَقَالَتْ: يَا رَسُولَ اللَّهِ طَهِّرْنِي فَقَالَ: «وَيَحَكِ ارْجِعِي فَاسْتَغْفِرِي اللَّهَ وَتُوبِي إِلَيْهِ» فَقَالَتْ: تُرِيدُ أَنْ تَرْدُدَنِي كَمَا رَدَدْتَ مَاعِزَ بْنَ مَالِكٍ: إِنَّهَا حُبْلَى مِنَ الزِّنَا فَقَالَ: «أَنْتِ؟» قَالَتْ: نَعَمْ قَالَ لَهَا: «حَتَّى تَضَعِي مَا فِي بَطْنِكِ» قَالَ: فكَفَلَها ...
  صَحِيح   (الألباني) حكم   :
Reference : Mishkat al-Masabih 3562
In-book reference : Book 17, Hadith 8
Al-Adab Al-Mufrad 359
Rafi' ibn Khudayj and Sahl ibn Abi Hathama reported that 'Abdullah ibn Sahl and Muhayyisa ibn Mas'ud came to Khaybar and parted when they were among the palm trees. 'Abdullah ibn Sahl was murdered. 'Abdu'r-Rahman ibn Sahl and Huwayyisa and Muhayyisa, the sons of Mas'ud came to the Prophet, may Allah bless him and grant him peace, and spoke to him about their (murdered) companion. 'Abdu'r-Rahman, the youngest of those present, began to speak, but the Prophet, may Allah bless him and grant him peace, said, "Let the oldest speak first." (or "Exalt the eldest.") They spoke about their companion and the Prophet, may Allah bless him and grant him peace, asked, "Will fifty of you take an oath that you are entitled to the blood-money of your murdered man?" They replied, "Messenger of Allah, this is something which we did not see." He said, "Then will the Jews exonerate themselves by the oaths of fifty of them?" They protested, "Messenger of Allah, they are unbelievers!" So the Messenger of Allah, may Allah bless him and grant him peace, himself paid his blood money."
حَدَّثَنَا سُلَيْمَانُ بْنُ حَرْبٍ، قَالَ‏:‏ حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ بُشَيْرِ بْنِ يَسَارٍ مَوْلَى الأَنْصَارِ، عَنْ رَافِعِ بْنِ خَدِيجٍ، وَسَهْلِ بْنِ أَبِي حَثْمَةَ، أَنَّهُمَا حَدَثَا، أَوْ حَدَّثَاهُ، أَنَّ عَبْدَ اللهِ بْنَ سَهْلٍ، وَمُحَيِّصَةَ بْنَ مَسْعُودٍ، أَتَيَا خَيْبَرَ فَتَفَرَّقَا فِي النَّخْلِ، فَقُتِلَ عَبْدُ اللهِ بْنُ سَهْلٍ، فَجَاءَ عَبْدُ الرَّحْمَنِ بْنُ سَهْلٍ، وَحُوَيِّصَةُ وَمُحَيِّصَةُ ابْنَا مَسْعُودٍ إِلَى النَّبِيِّ صلى الله عليه وسلم، فَتَكَلَّمُوا فِي أَمْرِ صَاحِبِهِمْ، فَبَدَأَ عَبْدُ الرَّحْمَنِ، وَكَانَ أَصْغَرَ الْقَوْمِ، فَقَالَ لَهُ النَّبِيُّ صلى الله عليه وسلم‏:‏ كَبِّرِ الْكِبَرَ، قَالَ يَحْيَى‏:‏ لِيَلِيَ الْكَلاَمَ الأَكْبَرُ، فَتَكَلَّمُوا فِي أَمْرِ صَاحِبِهِمْ‏.‏ فَقَالَ النَّبِيُّ صلى الله عليه وسلم‏:‏ اسْتَحِقُّوا قَتِيلَكُمْ، أَوْ قَالَ‏:‏ صَاحِبَكُمْ، بِأَيْمَانِ خَمْسِينَ مِنْكُمْ، قَالُوا‏:‏ يَا رَسُولَ اللهِ، أَمْرٌ لَمْ نَرَهُ، قَالَ‏:‏ فَتُبْرِئُكُمْ يَهُودُ بِأَيْمَانِ خَمْسِينَ مِنْهُمْ، قَالُوا‏:‏ يَا رَسُولَ اللهِ، قَوْمٌ كُفَّارٌ‏.‏ فَفَدَاهُ رَسُولُ اللهِ صلى الله عليه وسلم مِنْ قِبَلِهِ‏.‏
Reference : Al-Adab Al-Mufrad 359
In-book reference : Book 18, Hadith 7
English translation : Book 18, Hadith 359
Al-Adab Al-Mufrad 922
'Abdu'r-Rahman ibn Ziyad ibn An'am al-Ifriqi said, "My father told me that they were taking part in a sea raid in the time of Mu'awiya. He said, 'Our ship was right up against the ship of Abu Ayyub al-Ansari. When it was time for our midday meal, we invited him and he came over. He said, "You invited me, but even though I am fasting, I cannot avoid accepting your invitation because I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'A Muslim owes six things to his brother. If he neglects any of them, he has neglected an obligatory duty owed to his brother. He should return his greeting when he greets him. He should accept when he gives him an invitation. He should ask for mercy on him when he sneezes. He should give him good counsel when he asks him for advice.'"'"
حَدَّثَنَا مُحَمَّدُ بْنُ سَلامٍ، قَالَ‏:‏ أَخْبَرَنَا الْفَزَارِيُّ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ زِيَادِ بْنِ أَنْعُمٍ الإِفْرِيقِيِّ قَالَ‏:‏ حَدَّثَنِي أَبِي، أَنَّهُمْ كَانُوا غُزَاةً فِي الْبَحْرِ زَمَنَ مُعَاوِيَةَ، فَانْضَمَّ مَرْكَبُنَا إِلَى مَرْكَبِ أَبِي أَيُّوبَ الأَنْصَارِيِّ، فَلَمَّا حَضَرَ غَدَاؤُنَا أَرْسَلْنَا إِلَيْهِ، فَأَتَانَا فَقَالَ‏:‏ دَعَوْتُمُونِي وَأَنَا صَائِمٌ، فَلَمْ يَكُنْ لِي بُدٌّ مِنْ أَنْ أُجِيبَكُمْ، لأَنِّي سَمِعْتُ رَسُولَ اللهِ صلى الله عليه وسلم يَقُولُ‏:‏ إِنَّ لِلْمُسْلِمِ عَلَى أَخِيهِ سِتَّ خِصَالٍ وَاجِبَةٍ، إِنْ تَرَكَ مِنْهَا شَيْئًا فَقَدْ تَرَكَ حَقًّا وَاجِبًا لأَخِيهِ عَلَيْهِ‏:‏ يُسَلِّمُ عَلَيْهِ إِذَا لَقِيَهُ، وَيُجِيبُهُ إِذَا دَعَاهُ، وَيُشَمِّتُهُ إِذَا عَطَسَ، وَيَعُودُهُ إِذَا مَرِضَ، وَيَحْضُرُهُ إِذَا مَاتَ، وَيَنْصَحُهُ إِذَا اسْتَنْصَحَهُ‏.‏ قَالَ : وَكَانَ مَعَنَا رَجُلٌ مَزَّاحٌ يَقُولُ لِرَجُلٍ أَصَابَ طَعَامَنَا : جَزَاكَ اللَّهُ خَيْرًا وَبِرًّا ، فَغَضِبَ عَلَيْهِ حِينَ أَكْثَرَ عَلَيْهِ ، فَقَالَ لِأَبِي أَيُّوبَ : مَا تَرَى فِي رَجُلٍ إِذَا قُلْتُ لَهُ : جَزَاكَ اللَّهُ خَيْرًا وَبِرًّا ، غَضِبَ وَشَتَمَنِي ؟ فَقَالَ أَبُو أَيُّوبَ : إِنَّا كُنَّا نَقُولُ : إِنَّ مَنْ لَمْ يُصْلِحْهُ الْخَيْرُ أَصْلَحْهُ الشَّرُّ ، فَاقْلِبْ عَلَيْهِ ، فَقَالَ لَهُ حِينَ أَتَاهُ : جَزَاكَ اللَّهُ شَرًّا وَعَرًّا ، فَضَحِكَ وَرَضِيَ وَقَالَ : مَا تَدَعُ مُزَاحَكَ ...
Reference : Al-Adab Al-Mufrad 922
In-book reference : Book 40, Hadith 4
English translation : Book 40, Hadith 922

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

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

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

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

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

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

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

USC-MSA web (English) reference : Book 39, Hadith 7
Mishkat al-Masabih 5581
Abu Huraira told that the people asked, "Messenger of God, shall we see our Lord on the day of resurrection?" and then mentioned something to the same general effect as Abu Sa'id's tradition, except for "things will be made plain[1]." The Prophet then said, "The Path will be set over the main part of jahannam and I shall be the first of the messengers to take his people across. On that day only the messengers will speak and what they say that day will be, `0 God, keep safe, keep safe.' In jahannam there will be pronged flesh-hooks like sadan[2] thorns whose size is known only to God, and they will seize people for their deeds, some being confined for what they have done and others being cut in small pieces and escaping. Then when God finishes judging His servants and desires to take out of hell such people as He pleases among those who testified that there is no god but God, He will command the angels to bring out those who worshipped God. They will do so, recognising them by the marks of prostration, God most high having prevented hell from devouring the mark of prostration, for hell will devour everything in the sons of Adam except the mark of prostration. They will come forth from hell having been burned, the water of life will be poured over them, and they will sprout as a seed does in the rubbish carried away by a flood. Bat a man who will be the last of the inhabitants of hell to enter paradise will remain between paradise and hell facing hell and will say, `0 my Lord, turn my face away from hell, for its odour has annoyed me and its fierce blaze has burned me; but God will reply, 'If I do that you will perhaps ask something else.' He will say, `No, by Thy might,' giving God such covenant and agreement as God wishes, and He will turn his face away from hell. When he is turned to face paradise and sees its beauty, he will remain silent as long as God wishes him to remain so, and will then say, 'O my Lord, bring me forward to the gate of paradise.' God who is blessed and exalted will reply, `Did you not give covenants and agreement that you would not ask anything beside what you have asked?' and he will say, `O my Lord, let me not be made the most miserable of Thy creatures.' He will ask, `What else are you likely to ask for if you are granted that?' and he will reply, `No, by Thy might, I shall ask nothing else.' He will then give his Lord such covenant and agreement as He wishes, and He will bring him forward to the gate of paradise. Then when he reaches its gate and sees its freshness and the splendour and joy it contains, he will remain silent as long as God wishes him to remain so, and will then say, `O my Lord, bring me into paradise.' God who is blessed and exalted will reply, `Woe to you, son of Adam, how treacherous you are! Have you not given covenants and agreement that you would not ask anything more than you have been granted?' and he will say, `O my Lord, do not make me the most miserable of Thy creatures.' He will continue making supplication till God laughs at him, and when He does so He will give him permission to enter paradise, and will say, `State your wish.' When he has done so till his wishing has come to an end God most high will say, `State your wish from such and such,' his Lord mentioning the matters to him. Then when there is nothing more he can wish God will say, `You can have that and a similar amount along with it'." In Abu Sa'id's version God says, "You can have that and ten times as much." i.e., they will have everything as far as their eyes can see. The name of a plant with a prickly head on which camels pasture. (Bukhari and Muslim.)
وَعَن أبي هُرَيْرَة أَنَّ النَّاسَ قَالُوا يَا رَسُولَ اللَّهِ هَلْ نَرَى رَبَّنَا يَوْمَ الْقِيَامَةِ؟ فَذَكَرَ مَعْنَى حَدِيثِ أَبِي سَعِيدٍ غَيْرَ كَشْفِ السَّاقِ وَقَالَ: " يُضْرَبُ الصِّرَاطُ بَيْنَ ظَهْرَانَيْ جَهَنَّمَ فَأَكُونُ أَوَّلَ مَنْ يَجُوزُ مِنَ الرُّسُلِ بِأُمَّتِهِ وَلَا يَتَكَلَّمُ يَوْمَئِذٍ الرُّسُلُ وَكَلَامُ الرُّسُلِ يَوْمَئِذٍ: اللَّهُمَّ سَلِّمْ سَلِّمْ. وَفِي جهنمَ كلاليب مثلُ شوك السعدان وَلَا يَعْلَمُ قَدْرَ عِظَمِهَا إِلَّا اللَّهُ تَخْطَفُ النَّاسَ بِأَعْمَالِهِمْ فَمِنْهُمْ مَنْ يُوبَقُ بِعَمَلِهِ وَمِنْهُمْ مَنْ يُخَرْدَلُ ثُمَّ يَنْجُو حَتَّى إِذَا فَرَغَ اللَّهُ مِنَ الْقَضَاءِ بَيْنَ عِبَادِهِ وَأَرَادَ أَنْ يُخْرِجَ مِنَ النَّارِ مَنْ أَرَادَ أَنْ يُخْرِجَهُ مِمَّنْ كَانَ يَشْهَدُ أَنْ لَا إِلَهَ إِلَّا اللَّهُ أَمر الْمَلَائِكَة أَن يخرجُوا من يَعْبُدُ اللَّهَ فَيُخْرِجُونَهُمْ وَيَعْرِفُونَهُمْ بِآثَارِ السُّجُودِ وَحَرَّمَ اللَّهُ تَعَالَى عَلَى النَّارِ أَنْ تَأْكُلَ أَثَرَ السُّجُودِ فَكُلُّ ابْنِ آدَمَ تَأْكُلُهُ النَّارُ إِلَّا أَثَرَ السُّجُودِ فَيَخْرُجُونَ مِنَ النَّارِ قَدِ امْتَحَشُوا فَيُصَبُّ عَلَيْهِمْ مَاءُ الْحَيَاةِ فَيَنْبُتُونَ كَمَا تَنْبُتُ الْحِبَّةُ فِي حَمِيلِ السَّيْلِ وَيَبْقَى رَجُلٌ بَيْنَ الجنَّةِ والنارِ وَهُوَ آخرُ أهلِ النارِ دُخولاً الْجَنَّةَ مُقْبِلٌ بِوَجْهِهِ قِبَلَ النَّارِ فَيَقُولُ: يَا رب اصرف وَجْهي عَن النَّار فَإِنَّهُ قد قَشَبَنِي رِيحُهَا ...
  متفّق عَلَيْهِ   (الألباني) حكم   :
Reference : Mishkat al-Masabih 5581
In-book reference : Book 28, Hadith 56
Jami` at-Tirmidhi 3180
Narrated 'Aishah:
"What was said about me had been said, and I myself was unaware of it, the Messenger of Allah (SAW) got up and addressed the people. He recited the Tashahhud and after praising and expressing gratitude to Allah, as He deserved, he said: 'To proceed: O people! Give me your opinion regarding those people who made a forged story against my wife. By Allah, I do not know anything bad about her at all. By Allah, they accused her of being with a man about whom I have never known anything bad, and he never entered my house unless I was present there, and whenever I went on a journey, he went with me.' Sa'd bin Mu'adh [may Allah be pleased with him] got up and said: 'O Messenger of Allah (SAW)! Allow me to chop their heads off!' Then a man from Al-Khazraj, to whom the mother of Hassan bin Thabit was a relative, got up and said (to Sa'd): 'You have told a lie! By Allah, if those persons were from Al-Aws, you would not like to chop their heads.' It was probable that some evil would take place between Aws and Khazraj in the Masjid while I was unaware of that. In the evening of that day, I went out for some of my needs, and Umm Mistah was accompanying me. On our return, Umm Mistah stumbled and said: 'Let Mistah be ruined!' I said to her, 'O mother! Why do you abuse your son?' On that Umm Mistah became silent for a while, and stumbling again, she said: 'Let Mistah be ruined!' I said to her: 'O mother! Why do you abuse your son?' She stumbled for the third time and said: 'Let Mistah be ruined!' I said to her: 'O mother! Why do you abuse your son?' Upon that she said: 'By Allah! I do not abuse him except because of you.' I asked her: 'Concerning what of my affairs?' So she disclosed the whole story to me. I said: 'Has this really happened?' She replied: 'Yes, by Allah!' I returned to my house, so astonished, that I did not know for what purpose I had gone out. Then I became sick and said to the Messenger of Allah (SAW) 'Send me to my father's house.' So he sent a servant with me, and when I entered the house, I found Umm Ruman downstairs, while Abu Bakr was reciting something upstairs. My mother asked: 'What has brought you, O daughter?' She said: "I informed her and mentioned the whole story to her, but she did not feel as I did about it. She said: 'O my daughter! Do not worry much about this matter, for there is never a charming lady loved by her husband who has other wives, but that they feel jealous of her and speak badly of her.' But she did not feel the same about it as I did. I asked her: 'Does my father know about it?' She said 'Yes.' I asked: 'Does the Messenger of Allah (SAW) know about it too?' She said 'Yes, the Messenger of Allah (SAW) also knows about it.' Tears filled my eyes and I wept. Abu Bakr, who was reading upstairs, heard my voice, and came down asking my mother: 'What is the matter with her?' She said: 'She has heard what has been said about her.' On that Abu Bakr wept and said: 'I beseech you, by Allah, O my daughter, to go back to your home.' I went back to my home, and the Messenger of Allah (SAW) had come to my house asking my maid-servant about me. The maid-servant said: 'By Allah! I do not know of any fault or defect in her character except that she sleeps and lets the sheep enter and eat her dough.' On that, some of the Prophet's Companions spoke harshly to her and said: 'Tell the truth to the Messenger of Allah (SAW).' Finally, they told her of the slander and she said: 'Subhan Allah! By Allah, I know nothing against her except what a goldsmith knows about a piece of pure gold.' Then this news reached the man who was accused, and he said: 'Subhan Allah! By Allah, I have never uncovered the private parts of any woman.' Later, that man was martyred in Allah's Cause. Then the next morning, my parents came to pay me a visit and they stayed with me until the Messenger of Allah (SAW) came to me, after he performed the 'Asr prayer. He came to me and while my parents were sitting around me on my right and my left. The Prophet (SAW) said the Tashahhud, praised and glorified Allah and said: 'Now then, O 'Aishah! If you have committed a bad deed, or you have wronged (yourself), then repent to Allah, as Allah accepts the repentance from His worshipers.' An Ansari woman had come and was sitting near the gate. I said to the Prophet (SAW): 'Isn't it improper that you speak in such a way in the presence of this lady?' The Messenger of Allah (SAW) then gave a piece of advice and I turned to my father and requested him to reply to him. My father said: 'What should I say?' Then I turned to my mother and asked her to answer him. She said: 'What should I say?' When my parents did not reply to the Prophet (SAW), I said the Tashahhud, praised and glorified Allah as His due, and I said: 'Then, by Allah! If I were to tell you that I have not done (this) and Allah, the Mighty and Sublime, is witness that I am telling the truth, that would not be of any use to me on your part, because you (people) have spoken about it and your hearts have absorbed it (as truth); and if I were to tell you that I have done this sin, and Allah knows that I have not done it, then you will say: 'She has confessed her guilt.' By Allah! I do not see a suitable example for me and you except the example of - and I could not remember Ya'qbus name - Yusuf's father when he said: So patience is most fitting. And it is Allah Whose help can be sought against that which you describe (12:18). She said: "It was at that time that Revelation came to the Messenger of Allah (SAW), and we remained silent. Then the Revelation was over, and I noticed the signs of happiness on his face while he was wiping (the sweat) from his forehead, and saying: 'Have the good tidings O 'Aishah! Allah has revealed your innocence.' At that time I was extremely angry. My parents said to me: 'Get up and go to him.' I said: 'By Allah, I will not do it,and will not thank him nor either of you, but I will thank Allah, Who has revealed my innocence. You have heard (this story) but neither of you have denied it, nor have you changed it (to defend me).'" 'Aishah used to say: "But as regards to Zainab bint Jahsh, Allah protected her because of her piety. She did not say anything except good (about me). But her sister, Hamnah was ruined among those who were ruined. Those who used to speak evil about me were Mistah, Hassan bin Thabit, and the hypocrite 'Abdullah bin Ubayy [bin Salul] and [it is he who] used to spread that news and tempt others to speak of it, and it was he and Hamnah who had the greater share therein. Abu Bakr took an oath that he would never do any favor for Mistah at all. Then Allah, Most High, revealed this Ayah: 'Let not those among you who are blessed with graces and wealth' [until the end of the Ayah] referring to Abu Bakr: 'to give their kinsmen, the poor, and those who left their homes for Allah's Cause.' - meaning Mistah - up to His saying: Do you not love that Allah should forgive you? And Allah is Oft-Forgiving, Most Merciful (24:22).' On that, Abu Bakr said: 'Yes, by Allah! O our Lord! We wish that You forgive us.' So he returned to what he had been doing."
حَدَّثَنَا مَحْمُودُ بْنُ غَيْلاَنَ، حَدَّثَنَا أَبُو أُسَامَةَ، عَنْ هِشَامِ بْنِ عُرْوَةَ، أَخْبَرَنِي أَبِي، عَنْ عَائِشَةَ، قَالَتْ لَمَّا ذُكِرَ مِنْ شَأْنِي الَّذِي ذُكِرَ وَمَا عَلِمْتُ بِهِ قَامَ رَسُولُ اللَّهِ صلى الله عليه وسلم فِيَّ خَطِيبًا فَتَشَهَّدَ وَحَمِدَ اللَّهَ وَأَثْنَى عَلَيْهِ بِمَا هُوَ أَهْلُهُ ثُمَّ قَالَ ‏"‏ أَمَّا بَعْدُ أَشِيرُوا عَلَىَّ فِي أُنَاسٍ أَبَنُوا أَهْلِي وَاللَّهِ مَا عَلِمْتُ عَلَى أَهْلِي مِنْ سُوءٍ قَطُّ وَأَبَنُوا بِمَنْ وَاللَّهِ مَا عَلِمْتُ عَلَيْهِ مِنْ سُوءٍ قَطُّ وَلاَ دَخَلَ بَيْتِي قَطُّ إِلاَّ وَأَنَا حَاضِرٌ وَلاَ غِبْتُ فِي سَفَرٍ إِلاَّ غَابَ مَعِي فَقَامَ سَعْدُ بْنُ مُعَاذٍ رَضِيَ اللَّهُ عَنْهُ فَقَالَ ائْذَنْ لِي يَا رَسُولَ اللَّهِ أَنْ أَضْرِبَ أَعْنَاقَهُمْ ‏.‏ وَقَامَ رَجُلٌ مِنَ الْخَزْرَجِ وَكَانَتْ أُمُّ حَسَّانَ بْنِ ثَابِتٍ مِنْ رَهْطِ ذَلِكَ الرَّجُلِ فَقَالَ كَذَبْتَ أَمَا وَاللَّهِ أَنْ لَوْ كَانُوا مِنَ الأَوْسِ مَا أَحْبَبْتَ أَنْ تُضْرَبَ أَعْنَاقُهُمْ حَتَّى كَادَ أَنْ يَكُونَ بَيْنَ الأَوْسِ وَالْخَزْرَجِ شَرٌّ فِي الْمَسْجِدِ وَمَا عَلِمْتُ بِهِ فَلَمَّا كَانَ مَسَاءُ ذَلِكَ الْيَوْمِ ...
Grade: Sahih (Darussalam)
Reference : Jami` at-Tirmidhi 3180
In-book reference : Book 47, Hadith 232
English translation : Vol. 5, Book 44, Hadith 3180
Sunan Ibn Majah 1061
Muhammad bin ‘Amr bin ‘Ata’ said:
‘While he was among ten of the Companions of the Messenger of Allah (saw) including Abu Qatadah: “I heard Abu Humaid As-Sa’idi say: ‘I am the most knowledgeable of you concerning the prayer of the Messenger of Allah (saw).’ They said: ‘Why? By Allah, you did not follow him more than we did, and you did not accompany him for longer.’ He said: ‘Yes I am.’ They said: ‘Show us.’ He said: ‘When the Messenger of Allah (saw) stood up for prayer, he would say the Takbir, then he would raise his hands parallel to his shoulders, and every part of his body would settle in place. Then he would recite, then he would raise his hands parallel to his shoulders and bow, placing his palms on his knees and supporting his weight on them. He neither lowered his head, nor raised it up, it was evenly balanced (between either extreme). Then he would say: “Sami’ Allahu liman hamidah (Allah hears those who praise Him); and he would raise his hands parallel with his shoulders, until every bone returned to its place. Then he would prostrate himself on the ground, keeping his arms away from his sides. Then he would raise his head and tuck his left foot under him and sit on it, and he would spread his toes when he prostrated.* Then he would prostrate, then say the Takbir and sit on his left foot, until every bone returned to its place. Then he would stand up and do the same in the next Rak’ah. Then when he stood up after two Rak’ah, he would raise his hands level with his shoulders as he did at the beginning of the prayer. Then he would offer the rest of his prayer in like manner until, when he did the prostration after which the Taslim comes, he would push one of his feet back and sit with his weight on his left side, Mutawarrikan.’** They said: ‘You have spoken the truth; this is how the Messenger of Allah (saw) used to perform the prayer.’”
* Meaning that he would plant them in such a way that they were facing the Qiblah.
** Mutawarrikan: i.e., sitting with the left foot brought forward so that one's buttocks are in direct contact with the ground.
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ، حَدَّثَنَا أَبُو عَاصِمٍ، حَدَّثَنَا عَبْدُ الْحَمِيدِ بْنُ جَعْفَرٍ، حَدَّثَنَا مُحَمَّدُ بْنُ عَمْرِو بْنِ عَطَاءٍ، قَالَ سَمِعْتُ أَبَا حُمَيْدٍ السَّاعِدِيَّ، فِي عَشْرَةٍ مِنْ أَصْحَابِ رَسُولِ اللَّهِ ـ صلى الله عليه وسلم ـ فِيهِمْ أَبُو قَتَادَةَ فَقَالَ أَبُو حُمَيْدٍ أَنَا أَعْلَمُكُمْ بِصَلاَةِ رَسُولِ اللَّهِ ـ صلى الله عليه وسلم ـ ‏.‏ قَالُوا لِمَ فَوَاللَّهِ مَا كُنْتَ بِأَكْثَرِنَا لَهُ تَبَعَةً وَلاَ أَقْدَمَنَا لَهُ صُحْبَةً ‏.‏ قَالَ بَلَى ‏.‏ قَالُوا فَاعْرِضْ ‏.‏ قَالَ كَانَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ إِذَا قَامَ إِلَى الصَّلاَةِ كَبَّرَ ثُمَّ رَفَعَ يَدَيْهِ حَتَّى يُحَاذِيَ بِهِمَا مَنْكِبَيْهِ وَيَقِرَّ كُلُّ عُضْوٍ مِنْهُ فِي مَوْضِعِهِ ثُمَّ يَقْرَأُ ثُمَّ يُكَبِّرُ وَيَرْفَعُ يَدَيْهِ حَتَّى يُحَاذِيَ بِهِمَا مَنْكِبَيْهِ ثُمَّ يَرْكَعُ وَيَضَعُ رَاحَتَيْهِ عَلَى رُكْبَتَيْهِ مُعْتَمِدًا لاَ يَصُبُّ رَأْسَهُ وَلاَ يُقْنِعُ مُعْتَدِلاً ثُمَّ يَقُولُ ‏"‏ سَمِعَ اللَّهُ لِمَنْ حَمِدَهُ ‏"‏ ‏.‏ وَيَرْفَعُ يَدَيْهِ حَتَّى يُحَاذِيَ بِهِمَا مَنْكِبَيْهِ حَتَّى يَقِرَّ كُلُّ عَظْمٍ إِلَى ...
Grade: Sahih (Darussalam)
Reference : Sunan Ibn Majah 1061
In-book reference : Book 5, Hadith 259
English translation : Vol. 1, Book 5, Hadith 1061
Al-Adab Al-Mufrad 614
Jabir ibn 'Abdullah reported that at-Tufayl ibn 'Amr asked the Prophet, may Allah bless him and grant him peace, "Do you want a fortress and a citadel? The fortress of Daws." The Messenger of Allah, may Allah bless him and grant him peace, refused it because of what Allah had stored up for the Ansar. At-Tufayl made hijra and a man of his people made hijra with him. The man fell ill and was in torment (or words to that effect) and he crawled over to a quiver, took out an arrow, sliced his veins and died. At-Tufayl saw him a dream and asked him, "What has been done to you?" He replied, "I was forgiven because of my hijra to the Prophet, may Allah bless him and grant him peace." He asked, "What happened to your hands?" He replied, "It was said, 'We will not put right in you that part of your hands which you destroyed.'" He said that at-Tufayl related that tot he Prophet, may Allah bless him and grant him peace, and the Prophet said, "O Allah, forgive his hands!" and he raised his hands when he said it.
حَدَّثَنَا عَارِمٌ، قَالَ‏:‏ حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ، قَالَ‏:‏ حَدَّثَنَا حَجَّاجٌ الصَّوَّافُ، عَنْ أَبِي الزُّبَيْرِ، عَنْ جَابِرِ بْنِ عَبْدِ اللهِ، أَنَّ الطُّفَيْلَ بْنَ عَمْرٍو قَالَ لِلنَّبِيِّ صلى الله عليه وسلم‏:‏ هَلْ لَكَ فِي حِصْنٍ وَمَنَعَةٍ، حِصْنِ دَوْسٍ‏؟‏ قَالَ‏:‏ فَأَبَى رَسُولُ اللهِ صلى الله عليه وسلم، لِمَا ذَخَرَ اللَّهُ لِلأَنْصَارِ، فَهَاجَرَ الطُّفَيْلُ، وَهَاجَرَ مَعَهُ رَجُلٌ مِنْ قَوْمِهِ، فَمَرِضَ الرَّجُلُ فَضَجِرَ أَوْ كَلِمَةٌ شَبِيهَةٌ بِهَا، فَحَبَا إِلَى قَرْنٍ، فَأَخَذَ مِشْقَصًا فَقَطَعَ وَدَجَيْهِ فَمَاتَ، فَرَآهُ الطُّفَيْلُ فِي الْمَنَامِ قَالَ‏:‏ مَا فُعِلَ بِكَ‏؟‏ قَالَ‏:‏ غُفِرَ لِي بِهِجْرَتِي إِلَى النَّبِيِّ صلى الله عليه وسلم، قَالَ‏:‏ مَا شَأْنُ يَدَيْكَ‏؟‏ قَالَ‏:‏ فَقِيلَ‏:‏ إِنَّا لاَ نُصْلِحُ مِنْكَ مَا أَفْسَدْتَ مِنْ يَدَيْكَ، قَالَ‏:‏ فَقَصَّهَا الطُّفَيْلُ عَلَى النَّبِيِّ صلى الله عليه وسلم، فَقَالَ‏:‏ اللَّهُمَّ وَلِيَدَيْهِ فَاغْفِرْ، وَرَفَعَ يَدَيْهِ‏.‏
Reference : Al-Adab Al-Mufrad 614
In-book reference : Book 31, Hadith 11
English translation : Book 31, Hadith 614
Narrated Abu Hurairah (RA):
The Prophet (SAW) led us in two Rak'at of one of the two, Zuhr or 'Asr prayers, and said the Taslim (salutation). He then got up and went towards a piece of wood which was at the front part of the mosque and placed his hands upon it. Abu Bakr and 'Umar were among the people, but they were afraid to speak to him. Then some of the hasty type of people came out and said, "Has the Salat (prayer) been shortened?" A man whom the Prophet (SAW) called Dhul Yadain (the long armed) asked: "Have you forgotten, O Allah's Messenger or has the prayer been shortened?" He said, "I have neither forgotten nor has it been shortened." He said, "Indeed you have forgotten." He [the Prophet (SAW)] then prayed the remaining two Rak'at, then said the Taslim (salutation). He then uttered the Takbir and prostrated similar to his normal prostration or longer, then raised up his head and uttered the Takbir. He then prostrated and uttered the Takbir, and the prostration was similar to his normal prostration or longer. He then raised his head and uttered the Takbir. [Agreed upon, and it is al-Bukhari's wording].
وَعَنْ أَبِي هُرَيْرَةَ ‏-رَضِيَ اَللَّهُ تَعَالَى عَنْهُ‏- قَالَ : { صَلَّى اَلنَّبِيُّ ‏- صلى الله عليه وسلم ‏-إِحْدَى صَلَاتِي اَلْعَشِيّ ِ 1‏ رَكْعَتَيْنِ , ثُمَّ سَلَّمَ , ثُمَّ قَامَ إِلَى خَشَبَةٍ فِي مُقَدَّمِ اَلْمَسْجِدِ , فَوَضَعَ يَدَهُ عَلَيْهَا , وَفِي اَلْقَوْمِ أَبُو بَكْرٍ وَعُمَرُ , فَهَابَا أَنْ يُكَلِّمَاهُ , وَخَرَجَ سَرَعَانُ اَلنَّاسِ , فَقَالُوا : أَقُصِرَتْ .‏ 2‏ الصَّلَاةُ , وَرَجُلٌ يَدْعُوهُ اَلنَّبِيُّ ‏- صلى الله عليه وسلم ‏-ذَا اَلْيَدَيْنِ , فَقَالَ : يَا رَسُولَ اَللَّهِ , أَنَسِيتَ أَمْ قُصِرَتْ ? فَقَالَ : " لَمْ أَنْسَ وَلَمْ تُقْصَرْ " فَقَالَ : بَلَى , قَدْ نَسِيتُ , فَصَلَّى رَكْعَتَيْنِ ثُمَّ سَلَّمَ , ثُمَّ كَبَّرَ , فَسَجَدَ مِثْلَ سُجُودِهِ , أَوْ أَطْوَلَ] ثُمَّ رَفَعَ رَأْسَهُ فَكَبَّرَ , ثُمَّ وَضَعَ رَأْسَهُ , فَكَبَّرَ , فَسَجَدَ مِثْلَ سُجُودِهِ , أَوْ أَطْوَلَ [ .‏ 3‏ ثُمَّ رَفَعَ رَأْسَهُ وَكَبَّرَ } مُتَّفَقٌ عَلَيْهِ , وَاللَّفْظُ لِلْبُخَارِيِّ .‏ 4
Sunnah.com reference : Book 2, Hadith 227
English translation : Book 2, Hadith 327
Arabic reference : Book 2, Hadith 331

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

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

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

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

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

حَدَّثَنِي مَالِكٌ، أَنَّهُ بَلَغَهُ أَنَّ عُمَرَ بْنَ عَبْدِ الْعَزِيزِ، قَضَى فِي الْمُدَبَّرِ إِذَا جَرَحَ أَنَّ لِسَيِّدِهِ أَنْ يُسَلِّمَ مَا يَمْلِكُ مِنْهُ إِلَى الْمَجْرُوحِ فَيَخْتَدِمُهُ الْمَجْرُوحُ وَيُقَاصُّهُ بِجِرَاحِهِ مِنْ دِيَةِ جَرْحِهِ فَإِنْ أَدَّى قَبْلَ أَنْ يَهْلِكَ سَيِّدُهُ رَجَعَ إِلَى سَيِّدِهِ ‏.‏ قَالَ مَالِكٌ وَالأَمْرُ عِنْدَنَا فِي الْمُدَبَّرِ إِذَا جَرَحَ ثُمَّ هَلَكَ سَيِّدُهُ وَلَيْسَ لَهُ مَالٌ غَيْرُهُ أَنَّهُ يُعْتَقُ ثُلُثُهُ ثُمَّ يُقْسَمُ عَقْلُ الْجَرْحِ أَثْلاَثًا فَيَكُونُ ثُلُثُ الْعَقْلِ عَلَى الثُّلُثِ الَّذِي عَتَقَ مِنْهُ وَيَكُونُ ثُلُثَاهُ عَلَى الثُّلُثَيْنِ اللَّذَيْنِ بِأَيْدِي الْوَرَثَةِ إِنْ شَاءُوا أَسْلَمُوا الَّذِي لَهُمْ مِنْهُ إِلَى صَاحِبِ الْجَرْحِ وَإِنْ شَاءُوا أَعْطَوْهُ ثُلُثَىِ الْعَقْلِ وَأَمْسَكُوا نَصِيبَهُمْ مِنَ الْعَبْدِ وَذَلِكَ أَنَّ عَقْلَ ذَلِكَ الْجَرْحِ إِنَّمَا كَانَتْ جِنَايَتُهُ مِنَ الْعَبْدِ وَلَمْ تَكُنْ دَيْنًا عَلَى السَّيِّدِ فَلَمْ يَكُنْ ذَلِكَ الَّذِي أَحْدَثَ الْعَبْدُ بِالَّذِي يُبْطِلُ مَا صَنَعَ السَّيِّدُ مِنْ عِتْقِهِ وَتَدْبِيرِهِ فَإِنْ كَانَ عَلَى سَيِّدِ الْعَبْدِ دَيْنٌ لِلنَّاسِ مَعَ جِنَايَةِ الْعَبْدِ بِيعَ مِنَ الْمُدَبَّرِ بِقَدْرِ عَقْلِ الْجَرْحِ وَقَدْرِ الدَّيْنِ ثُمَّ يُبَدَّأُ بِالْعَقْلِ الَّذِي كَانَ فِي جِنَايَةِ الْعَبْدِ فَيُقْضَى مِنْ ثَمَنِ الْعَبْدِ ثُمَّ يُقْضَى دَيْنُ سَيِّدِهِ ثُمَّ ...
USC-MSA web (English) reference : Book 40, Hadith 7
Arabic reference : Book 40, Hadith 1502
Riyad as-Salihin 1509
Abu Hurairah (May Allah be pleased with him) reported:
The Messenger of Allah (PBUH) sent an espionage mission of ten men under the leadership of 'Asim bin Thabit Al-Ansari (May Allah be pleased with him). They proceeded till they reached Al-Had'ah, a place between 'Usfan and Makkah and the news of their arrival reached a section of the tribe of Hudhail, called Banu Lihyan. About one hundred men, who were all archers, hurried to follow their tracks. When 'A sim and his companions came to know of their pursuers, they took refuge in a safe place. The infidels encircled them and said to them: "Come down and surrender, and we promise and guarantee you that we will not kill anyone of you." 'Asim bin Thabit (May Allah be pleased with him) said: "By Allah! I will not come down to be under the protection of disbelievers. O Allah! convey this news to our Prophet (PBUH)." Then the infidels shot arrows at them till they killed 'Asim. Three men came down relying on their promise and covenant. They were Khubaib, Zaid bin Ad-Dathinah and another man. When the disbelievers captured them, they tied them up with the strings of their bows. The third of the captives said: "This is the beginning of first betrayal. By Allah! I will not go with you. I have a good example in these (martyrs)." So they dragged him and tried to compel him to accompany them, but he refused. At last they killed him. They took Khubaib and Zaid bin Ad- Dathina with them and sold them as slaves in Makkah. This incident took place after the battle of Badr.

Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin 'Abd Manaf. It was Khubaib who had killed Al-Harith in the battle of Badr. Khubaib remained a prisoner with those people for a few days till the sons of Al-Harith resolved to kill him.

When Khubaib (May Allah be pleased with him) got wind of this plot, he borrowed a razor from one of Al- Harith's daughters in order to remove his pubic hair. Her little son crawled towards Khubaib because of her carelessness. Later on, she saw her son on his thigh and the razor was in his hand. She got scared so much that Khubaib noticed the agitation on her face and said: "Are you afraid that I will kill him? No, I will never do that." She later remarked (after Al-Khubaib got martyred): "By Allah! I never saw a prisoner better than Khubaib." She added: "By Allah! I saw him once eating of a bunch of grapes in his hand while he was chained and there was no such fruit at that time in Makkah. Probably it was a boon which Allah bestowed upon Khubaib."

When they took him out of the Haram of Makkah to kill him outside its boundaries, Khubaib requested them to let him offer two Rak'ah of voluntary prayer. They allowed him and he offered two Rak'ah prayer. Then he said: "Had I not apprehended that you would think that I was afraid of death, I would have prolonged the prayer. O Allah! Count their number; slay them one by one and spare not one of them." He then recited these poetic verses:

'I do not care how they kill me as long as I get martyred in the Cause of Allah as a Muslim. I received my death for Allah's sake. If Allah so desires, He will bless, the amputated limbs of the torn body.'

Then the son of Al-Harith killed him. It was Khubaib who set the tradition for any Muslim sentenced to death in captivity to offer two Rak'ah of voluntary prayer. On that day the Messenger of Allah (PBUH) informed his Companions of the martyrdom of Khubaib. Later on, when some disbelievers from Quraish were informed that 'Asim had been martyred, they sent some people to fetch a significant part of his body to ascertain his death. (This was because) 'Asim had killed one of their chiefs. So Allah sent a swarm of wasps, resembling a shady cloud, to hover over the body of 'Asim and to shield him from their messengers, and thus they could not cut off anything from his body.

[Al- Bukhari].

وعن أبي هريرة، رضي الله عنه ، قال‏:‏ بعث رسول الله صلى الله عليه وسلم عشرة رهط عينًا سرية، وأمَّر عليهم عاصم بن ثابت الأنصاري، رضي الله عنه، فانطلقوا حتى إذا كانوا بالهدأة، بين عسفان ومكة، ذكروا لحي من هذيل يقال لهم‏:‏ بنو لحيان، فنفروا لهم بقريب من مائة رجل رام، فاقتصوا آثارهم، فلما أحس بهم عاصم وأصحابه، لجئوا إلى موضع فأحاط بهم القوم، فقالوا‏:‏ انزلوا، فأعطوا بأيديكم ولكم العهد والميثاق أن لا نقتل منكم أحدًا، فقال عاصم بن ثابت‏:‏ أيها القوم أما أنا، فلا أنزل على ذمة كافر‏:‏ اللهم أخبر عنا نبيك صلى الله عليه وسلم، فرموهم بالنبل فقتلوا عاصمًا، ونزل إليهم ثلاثة نفر على العهد والميثاق، منهم خُبيب، وزيد بن الدِّثِنَّة ورجل آخر‏.‏ فلما استمكنوا منهم أطلقوا أوتار قسيهم، فربطوهم بها، قال الرجل الثالث‏:‏ هذا أول الغدر والله لا أصحبكم إن لي بهؤلاء أسوة، يريد القتلى، فجروه وعالجوه، فأبى أن يصحبهم، فقتلوه، وانطلقوا بخُبيب، وزيد بن الدِّثِنَّة، حتى باعوهما بمكة بعد وقعة بدر، فابتاع بنو الحارث بن عامر بن نوفل بن عبد مناف خُبيبًا، وكان خُبيب هو قتل الحارث يوم بدر، فلبث خُبيب عندهم أسيرًا حتى أجمعوا على قتله، فاستعار من بعض بنات الحارث موسى يستحد بها فأعارته، فدرج بُنيٌّ لها وهي غافلة حتى أتاه، فوجدته مجلسه على فخذه الموسى بيده، ففزعت فزعة عرفها خُبيب، فقال أتخشين أن أقتله ماكنت لأفعل ذلك قالت‏:‏ والله ما رأيت أسيرا خيرا من خُبيب فوالله لقد وجدته يومًا يأكل قطفًا من عنب في يده وإنه لموثق بالحديد وما بمكة من ثمرة، وكانت تقول‏:‏ إنه لرزق رزقه الله خُبيبًا، فلما خرجوا ...
Reference : Riyad as-Salihin 1509
In-book reference : Book 16, Hadith 45
Ash-Shama'il Al-Muhammadiyah 8
Al-Hasan ibn 'Ali (may Allah be well pleased with him and his father) said:
“My maternal aunt Hind asked the son of Abu Hala, who was a describer of the finery of Allah’s Messenger (Allah bless him and give him peace), to describe something of it that would be of interest to me, so he said: Allah’s Messenger (Allah bless him and give him peace) was an honored dignitary, whose face shone with the radiance of the moon on the night of the full moon. He was taller than medium-sized, and shorter than the slender giant. His head was grand and impressive, with loosely curled hair. If his forelock became divided, he would part it. Otherwise his hair would not cross over his earlobes, and he would let it grow plentiful and long. He was bright of color, broad of forehead, endowed with arched eyebrows, perfect without being conjoined, with a vein between them that anger would cause to pulsate. The bridge of his nose was curved. He had a light that would rise over him, and someone who did not reflect on him would consider him haughty. He was thickly bearded, endowed with smooth cheeks, a wide mouth, cleft teeth, and a delicate strip of hair from the top of the chest to the navel. It was as if his neck were the neck of a statue shaped in pure silver. He was well proportioned in physique, firmly cohesive, with the stomach and the breast in even balance. He was wide-chested, broad-shouldered, endowed with stout limbs and very shiny bare skin. Between the top of the chest and the navel by a strip of hair like a line of writing, while his breasts and stomach were bare apart from that. He had hair on his arms and shoulders and the upper parts of his chest. His forearms were long. He had a sensitive touch of the hand. The palms of his hands and the soles of his feet were thickset. His extremities were well formed [sa’il (or he may have said sha’il)]. The hollows of his soles were very deep-set. His feet were so smooth that water bounced off them. When he left a place, he would go away striding decisively. He would tread inclining forward and walk comfortably. His gait was brisk. When he walked, it was as if he were descending a declivity, and when he looked around, he looked around altogether. He lowered his eyesight, and he spent more time looking at the ground than he did looking at the sky. The majority of his looking was observation. He would urge his Companions to proceed ahead of him, and he would be the first to greet anyone he encountered with the salutation of peace.”
حَدَّثَنَا سُفْيَانُ بْنُ وَكِيعٍ، قَالَ‏:‏ حَدَّثَنَا جُمَيْعُ بْنُ عُمَرَ بْنِ عَبْدِ الرَّحْمَنِ الْعِجْلِيُّ، إِمْلاءً عَلَيْنَا مِنْ كِتَابِهِ، قَالَ‏:‏ أَخْبَرَنِي رَجُلٌ مِنْ بَنِي تَمِيمٍ، مِنْ وَلَدِ أَبِي هَالَةَ زَوْجِ خَدِيجَةَ، يُكَنَى أَبَا عَبْدِ اللهِ، عَنِ ابْنٍ لأَبِي هَالَةَ، عَنِ الْحَسَنِ بْنِ عَلِيٍّ، قَالَ‏:‏ سَأَلْتُ خَالِي هِنْدَ بْنَ أَبِي هَالَةَ، وَكَانَ وَصَّافًا، عَنْ حِلْيَةِ رَسُولِ اللهِ صلى الله عليه وسلم، وَأَنَا أَشْتَهِي أَنْ يَصِفَ لِي مِنْهَا شَيْئًا أَتَعَلَّقُ بِهِ، فَقَالَ‏:‏ كَانَ رَسُولُ اللهِ صلى الله عليه وسلم فَخْمًا مُفَخَّمًا، يَتَلأْلأُ وَجْهُهُ، تَلأْلُؤَ الْقَمَرِ لَيْلَةَ الْبَدْرِ، أَطْوَلُ مِنَ الْمَرْبُوعِ، وَأَقْصَرُ مِنَ الْمُشَذَّبِ، عَظِيمُ الْهَامَةِ، رَجِلُ الشَّعْرِ، إِنِ انْفَرَقَتْ عَقِيقَتُهُ فَرَّقَهَا، وَإِلا فَلا يُجَاوِزُ شَعَرُهُ شَحْمَةَ أُذُنَيْهِ، إِذَا هُوَ وَفَّرَهُ، أَزْهَرُ اللَّوْنِ، وَاسِعُ الْجَبِينِ، أَزَجُّ الْحَوَاجِبِ، سَوَابِغَ فِي غَيْرِ قَرَنٍ، بَيْنَهُمَا عِرْقٌ، يُدِرُّهُ الْغَضَبُ، أَقْنَى الْعِرْنَيْنِ، لَهُ نُورٌ يَعْلُوهُ، يَحْسَبُهُ مَنْ لَمْ يَتَأَمَّلْهُ أَشَمَّ، كَثُّ اللِّحْيَةِ، سَهْلُ الْخدَّيْنِ، ضَلِيعُ الْفَمِ، مُفْلَجُ الأَسْنَانِ، دَقِيقُ الْمَسْرُبَةِ، كَأَنَّ عُنُقَهُ جِيدُ دُمْيَةٍ، فِي صَفَاءِ الْفِضَّةِ، مُعْتَدِلُ الْخَلْقِ، بَادِنٌ مُتَمَاسِكٌ، سَوَاءُ الْبَطْنِ وَالصَّدْرِ، عَرِيضُ الصَّدْرِ، بَعِيدُ ...
Grade: Da'if Isnād (Zubair `Aliza'i)
Reference : Ash-Shama'il Al-Muhammadiyah 8
In-book reference : Book 1, Hadith 7
Musnad Ahmad 391
It was narrated from `Ubaidullah bin ‘Abdullah bin `Utbah bin Mas`ood that Ibn `Abbas told him that ‘AbdurRahman bin ‘Awf went back to where he had halted. Ibn `Abbas said:
I used to recite to ‘AbdurRahman bin ‘Awf, and he found me waiting for him. That was in Mina during the last Hajj performed by `Umar bin al-Khattab (رضي الله عنه) Abdur-Rahman bin `Awf said: A man came to `Umar bin al-Khattab and said: So and so is saying: If `Umar (رضي الله عنه) dies, I will swear allegiance to So and so. ʼUmar (رضي الله عنه) said: I will stand before the people today and warn them against these people who want to deprive them of their rights, `Abdur-Rahman said: I said: O Ameer al-Mu`mineen, do not do that, for the Hajj season brings together the riffraff and rabble among the people, and most of the people who gather around and listen to you will be of that type. Is you stand before the people, I am afraid that you will say something that they will spread and not understand it properly or interpret it properly. Rather wait until you come to Madinah, for it is the land of Hijrah and the Sunnah, and you will meet the most knowledgeable and noble people there, and you can say what you want to say with confidence; they wilt understand what you say and will interpret it correctly, `Umar (رضي الله عنه) said: If I reach Madinah safe and sound, I shall certainly talk to the people there in the first speech I deliver. When we came to Madinah at the end of Dhul-I-Iijah, it was a Friday. I set out early, ‘Umar did not care at what time he went out, because he did not pay attention to heat and cold and so on. I found Sa`eed bin Zaid at the right-hand corner of the minbar, he had got there before me. I sat down next to him, with my knee touching his knee, and it was not long before `Umar (رضي الله عنه)came. When I saw him, I said: He will certainly speak today on this minbar and say something that no one ever heard before. Sa`eed bin Zaid objected to that and said: What do you think he will say that no one said before? `Umar (رضي الله عنه)sat on the minbar, and when the mu`dhdhin fell silent, he stood up and praised and glorified Allah as He deserves, then he said: To proceed o people, I am going to tell you something that it has been decreed I should say. I do not know, perhaps it may signal my death. So whoever understands it and remembers it, let him narrate it to others wherever his mount takes him; whoever does not understand il, it is not permissible for him to tell lies about me. Allah, may He be blessed and exalted, sent Muhammad (ﷺ) with the truth and revealed the Book to him; among the things that were revealed to him was the verse of stoning [adulterers). We read it and understood it; the Messenger of Allah (ﷺ) stoned [adulterers] and we stoned adulterers] after him. But I fear that with the passage of time, some people will say: We do not find the verse of stoning in the Book of Allah, thus they will go astray by forsaking an obligation that Allah revealed. Stoning is the due punishment in the Book of Allah for those who commit zina, both men and women, if they have been married and if proof is established, or there is a pregnancy or a confession, And we used to recite: Do not claim to be the offspring of anyone other than your fathers, as it is disbelief (or ingratitude) on your part to claim to be the offspring of anyone other than your fathers, Verily the Messenger of Allah (ﷺ) said: `Do not praise me excessively as `Eesa, the son of Maryam, was praised; rather I am the slave of Allah, so say, the slave of Allah and His Messenger.` I have heard that some among you are saying. If `Umar (رضي الله عنه) dies, I shall swear allegiance to So and so. No man should deceive himself by saying that the oath of allegiance to Abu Bakr was given suddenly and it was is successful. There is no doubt that this is the case, but Allah, may He be glorified and exalted, saved the to 2 people from its bad consequences and there is no one among you today who has the qualities of Abu Bakr (رضي الله عنه) What happened to us when the Messenger of Allah (ﷺ) died was that ‘Ali, az-Zubair and those who were with them stayed behind in the house of Fatimah, the daughter of the Messenger of Allah (ﷺ), and all the Ansar stayed behind and gathered in Saqeefat Banu Sa`idah, whilst the Muhajireen gathered around Abu Bakr (رضي الله عنه) I said to him; O Abu Bakr, let us go to our brothers, the Ansar. So we set out, looking for them, then we were met by two righteous men who told us what the people had done, and said: where are you going, O Muhajireen? I said: We are looking for these brothers of ours, the Ansar, They said. You should not go near them; do whatever you have already decided, O Muhajireen. I said: By Allah, we will go to them. So we carried on until we came to them in Saqeefat Banu Sa`idah, where we found them gathered and among them was a man wrapped up [in a garment. I said: Who is this? They said: Sa`d bin `Ubadah. ! said: What is the matter with him? They said: He is sick. After we sat down, their spokesman stood up and praised and glorified Allah, may He glorified and exalted, as He deserves, then he said: To proceed. We are the supporters (Ansar) of Allah and the majority of the Muslim army. You, O Muhajireen, are a small group among us. Some of you came to us, wanting to deny who we are and prevent us from attaining a position of authority. When he fell silent, I wanted to present a speech that I had prepared and that I liked in front of Abu Bakr (رضي الله عنه) I used to avoid provoking him and he was more forbearing and more dignified than me. But Abu Bakr (رضي الله عنه) said: Wait a while. I did not like to make him angry, and he was more knowledgeable and more dignified than me. By Allah, he did not omit any word that I liked in the speech I had prepared but he said something like it or better, speaking spontaneously, until he finished speaking. Then he said: To proceed. Whatever you have mentioned about your achievements and virtues, is correct. The Arabs would not acknowledge the leadership of anyone except someone from this tribe of Quraish, for they are the best of the Arabs in lineage and location. I am pleased to suggest to you one of these two men, whichever of them you want. Then he took hold of my hand and the hand of Abu `Ubaidah bin al-Jarrah, and I disliked nothing of what he had said apart from this, for by Allah, I would rather have my neck struck for no sin on my part than to become the leader of people among whom was Abu Bakr (رضي الله عنه) unless my own self suggested something at the time of death. One of the Ansar said: I am the post on which the camel with a skin disease scratches itself and I am like a high class palm tree [i.e., a noble]. [I suggest] a ruler from among us and a ruler from among you, O Quraish. - I the narrator said to Malik; What does ‘I am the post on which the cainc! with a skin disease scratches itself and I am like a high class palm tree` mean? He said:It is as if he is saying, I am the smart one who has the answer. - Then there was a great deal of clamour and raised voices, to such an extent that I feared there would be a conflict, so I said: Hold out your hand, O Abu Bakr. So he held out his hand and I swore allegiance to him, and the Muhajireen swore allegiance to him, then the Ansar swore allegiance to him. Thus we surrounded Sa`d bin ‘Ubadah. One of them said: You have killed Sa`d i said: May Allah kill Sa’d! And `Umar (رضي الله عنه) said: By Allah, we never encountered any problem greater than the swearing of allegiance to Abu Bakr (رضي الله عنه) . We were afraid that if we left the people without having sworn allegiance to anyone, they might swear allegiance after we were gone, so we would either follow in their footsteps and swear allegiance to someone we were not pleased with, or we would disagree with them and that would cause trouble. If anyone swears allegiance to a leader without consulting the Muslims, there is no allegiance for him and no allegiance to the one who swore allegiance to him, lest both of them be killed. Malik said: Ibn Shihab told me, from `Urwah bin az-Zubair, that the men whom they met were `Uwaim bin Sa`idah and Ma`n bin `Adiyy. Ibn Shihab said. Sa`eed bin al-Musayyab told me that the one who said, I am the post on which the camel with a skin disease scratches itself and I am like a high class palm tree, was al-lubab bin al-Mundhir.
حَدَّثَنَا إِسْحَاقُ بْنُ عِيسَى الطَّبَّاعُ، حَدَّثَنَا مَالِكُ بْنُ أَنَسٍ، حَدَّثَنِي ابْنُ شِهَابٍ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ بْنِ مَسْعُودٍ، أَنَّ ابْنَ عَبَّاسٍ، أَخْبَرَهُ أَنَّ عَبْدَ الرَّحْمَنِ بْنَ عَوْفٍ رَجَعَ إِلَى رَحْلِهِ قَالَ ابْنُ عَبَّاسٍ وَكُنْتُ أُقْرِئُ عَبْدَ الرَّحْمَنِ بْنَ عَوْفٍ فَوَجَدَنِي وَأَنَا أَنْتَظِرُهُ، وَذَلِكَ، بِمِنًى فِي آخِرِ حَجَّةٍ حَجَّهَا عُمَرُ بْنُ الْخَطَّابِ رَضِيَ اللَّهُ عَنْهُ قَالَ عَبْدُ الرَّحْمَنِ بْنُ عَوْفٍ إِنَّ رَجُلًا أَتَى عُمَرَ بْنَ الْخَطَّابِ رَضِيَ اللَّهُ عَنْهُ فَقَالَ إِنَّ فُلَانًا يَقُولُ لَوْ قَدْ مَاتَ عُمَرُ رَضِيَ اللَّهُ عَنْهُ بَايَعْتُ فُلَانًا فَقَالَ عُمَرُ رَضِيَ اللَّهُ عَنْهُ إِنِّي قَائِمٌ الْعَشِيَّةَ فِي النَّاسِ فَمُحَذِّرُهُمْ هَؤُلَاءِ الرَّهْطَ الَّذِينَ يُرِيدُونَ أَنْ يَغْصِبُوهُمْ أَمْرَهُمْ قَالَ عَبْدُ الرَّحْمَنِ فَقُلْتُ يَا أَمِيرَ الْمُؤْمِنِينَ لَا تَفْعَلْ فَإِنَّ الْمَوْسِمَ يَجْمَعُ رَعَاعَ النَّاسِ وَغَوْغَاءَهُمْ وَإِنَّهُمْ الَّذِينَ يَغْلِبُونَ عَلَى مَجْلِسِكَ إِذَا قُمْتَ فِي النَّاسِ فَأَخْشَى أَنْ تَقُولَ مَقَالَةً يَطِيرُ بِهَا أُولَئِكَ فَلَا يَعُوهَا وَلَا يَضَعُوهَا عَلَى مَوَاضِعِهَا وَلَكِنْ حَتَّى تَقْدَمَ الْمَدِينَةَ فَإِنَّهَا دَارُ الْهِجْرَةِ وَالسُّنَّةِ وَتَخْلُصَ بِعُلَمَاءِ النَّاسِ وَأَشْرَافِهِمْ فَتَقُولَ مَا قُلْتَ مُتَمَكِّنًا فَيَعُونَ مَقَالَتَكَ ...
Grade: Sahih (Darussalam) [ al-Bukhari (2462) and Muslim (1691). (Darussalam)
Reference : Musnad Ahmad 391
In-book reference : Book 3, Hadith 1

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures." (Al-kanz:

see Book 17).

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

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

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

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

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

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

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

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

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

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

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

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

حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، وَأَبِي، سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏ "‏ جَرْحُ الْعَجْمَاءِ جُبَارٌ وَالْبِئْرُ جُبَارٌ وَالْمَعْدِنُ جُبَارٌ وَفِي الرِّكَازِ الْخُمُسُ ‏"‏ ‏.‏
USC-MSA web (English) reference : Book 43, Hadith 12
Arabic reference : Book 43, Hadith 1592

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

قَالَ يَحْيَى عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ بُشَيْرِ بْنِ يَسَارٍ، أَنَّهُ أَخْبَرَهُ أَنَّ عَبْدَ اللَّهِ بْنَ سَهْلٍ الأَنْصَارِيَّ وَمُحَيِّصَةَ بْنَ مَسْعُودٍ خَرَجَا إِلَى خَيْبَرَ فَتَفَرَّقَا فِي حَوَائِجِهِمَا فَقُتِلَ عَبْدُ اللَّهِ بْنُ سَهْلٍ فَقَدِمَ مُحَيِّصَةُ فَأَتَى هُوَ وَأَخُوهُ حُوَيِّصَةُ وَعَبْدُ الرَّحْمَنِ بْنُ سَهْلٍ إِلَى النَّبِيِّ صلى الله عليه وسلم فَذَهَبَ عَبْدُ الرَّحْمَنِ لِيَتَكَلَّمَ لِمَكَانِهِ مِنْ أَخِيهِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ كَبِّرْ كَبِّرْ ‏"‏ ‏.‏ فَتَكَلَّمَ حُوَيِّصَةُ وَمُحَيِّصَةُ فَذَكَرَا شَأْنَ عَبْدِ اللَّهِ بْنِ سَهْلٍ ‏.‏ فَقَالَ لَهُمْ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ أَتَحْلِفُونَ خَمْسِينَ يَمِينًا وَتَسْتَحِقُّونَ دَمَ صَاحِبِكُمْ أَوْ قَاتِلِكُمْ ‏"‏ ‏.‏ قَالُوا يَا رَسُولَ اللَّهِ لَمْ نَشْهَدْ وَلَمْ نَحْضُرْ ‏.‏ فَقَالَ لَهُمْ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ فَتُبْرِئُكُمْ يَهُودُ بِخَمْسِينَ يَمِينًا ‏"‏ ‏.‏ فَقَالُوا يَا رَسُولَ اللَّهِ كَيْفَ نَقْبَلُ أَيْمَانَ قَوْمٍ كُفَّارٍ قَالَ يَحْيَى بْنُ سَعِيدٍ فَزَعَمَ بُشَيْرُ بْنُ يَسَارٍ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم وَدَاهُ مِنْ عِنْدِهِ ‏.‏ قَالَ مَالِكٌ الأَمْرُ الْمُجْتَمَعُ عَلَيْهِ عِنْدَنَا وَالَّذِي سَمِعْتُ مِمَّنْ أَرْضَى فِي الْقَسَامَةِ وَالَّذِي اجْتَمَعَتْ عَلَيْهِ الأَئِمَّةُ فِي الْقَدِيمِ وَالْحَدِيثِ أَنْ يَبْدَأَ بِالأَيْمَانِ ...
Sunnah.com reference : Book 44, Hadith 2
USC-MSA web (English) reference : Book 44, Hadith 2
Arabic reference : Book 44, Hadith 1600
Riyad as-Salihin 150
'Abdullah bin 'Amr bin Al-'as (May Allah be pleased with them) reported:
The Prophet (PBUH) was informed that I said that I would perform prayers the whole night and observe fasting every day as long as I live. Messenger of Allah (PBUH) said, "Is it you who said this?" I said to him, "O Messenger of Allah! I ransom you with my parents, it is I who said that." Messenger of Allah (PBUH) said, "You will not be able to do that. Observe fast and break it; sleep and get up for prayer, and observe fast for three days during the month; for every good is multiplied ten times and that will be equal to fasting the whole year." I said, "O Messenger of Allah! I can do more than that." He said, "Observe fast one day and leave off the next two days." I said, "O Messenger of Allah! I have strength to do more than that." Messenger of Allah (PBUH) said, "Observe fast every other day, and that is the fasting of Dawud (PBUH) and that is the most moderate fasting".

According to another narration: Messenger of Allah (PBUH) said, "That is the best fasting." I said, "But I am capable of doing more than this". Thereupon, Messenger of Allah (PBUH) said, "There is nothing better than this." 'Abdullah bin 'Amr (May Allah be pleased with them) said (when he grew old): "Had I accepted the three days (fasting during every month) as the Messenger of Allah had said, it would have been dearer to me than my family and my property".

In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said to me, "O 'Abdullah! Have I not been informed that you observe fast during the day and offer prayer all the night." I replied, "Yes, O Messenger of Allah!" Messenger of Allah (PBUH) said, "Don't do that. Observe fast for few days and then leave off for few days, perform prayers and also sleep at night, as your body has a right upon you, and your eyes have a right upon you; and your wife has a right upon you; your visitors have a right upon you. It is sufficient for you to observe fast three days in a month, as the reward of good deeds is multiplied ten times, so it will be like fasting the whole year." I insisted (on fasting) and so I was given a hard instruction. I said, "O Messenger of Allah! I have strength." Messenger of Allah (PBUH) said, "Observe fast like the fasting of Prophet Dawud (PBUH); and do not fast more than that." I said: "How was the fasting of Prophet Dawud?" He (PBUH) said, "Half of the year (i.e., he used to fast on every alternate day)."

Afterwards when 'Abdullah (May Allah be pleased with him) grew old, he used to say: "Would that I had availed myself of the concession granted to me by Messenger of Allah."

In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said, "I have been informed that you observe fast continuously and recite (the whole of the Qur'an) every night." I said, "Messenger of Allah! It is right, but I covet thereby nothing but good," whereupon he (PBUH) said, "Then observe fasts like the fasting of Prophet Dawud (PBUH) as he was the most ardent worshipper of Allah; recite the Qur'an once every month." I said, "O Prophet of Allah! I am capable of doing more than that." He said, "Then recite it (the complete Qur'an) in every twenty days." I said, "O Prophet of Allah I am capable of reciting more than that." He said, "Then recite it once in every ten days." I said, "O Prophet of Allah! I am capable of reciting more than that." He said, "Then recite it once in every seven days, but not recite more than that." The Prophet of Allah also said to me, "You do not know, you may have a longer life". When I grew old I wished I had availed myself of the concession (granted to me by) the Prophet of Allah.

In another narration 'Abdullah is reported to have said: Messenger of Allah (PBUH) said, "The best fasting with Allah is that of (Prophet) Dawud, and the best prayer with Allah is that of Dawud (PBUH) for he would sleep half of the night and stand for prayer for the third of it and (then) would sleep sixth part of it; he observed fast one day and leave off the other. He would not flee on meeting the enemy".

In another narration 'Abdullah is reported to have said: My father helped me marry a noble woman and he used to inquire of his daughter-in-law regarding her husband. She would say: "He is, indeed, a fine man. Since I have come to him, he has neither stepped on my bed nor he has had sexual intercourse with me". When this state of affairs lasted for some time, my father mentioned the matter to Messenger of Allah (PBUH) who directed my father saying, "Send him to me". I went to him accordingly. He asked me, "How often do you observe fast?" I replied; "Daily". He asked me, "How long do you take in reading the Noble Qur'an completely." I said, "Once every night". Then he narrated the whole story. He (in his old age) would recite one seventh of his nightly recitation to some members of his family during the day to lighten his task at night. Whenever he wished to have a relief from his fast on alternate days, he would give up fasting for a few days and make up deficiency later by observing the number of fasts he had missed. He would not give up the number of fasts altogether because he did not like to abandon what he had settled with Messenger of Allah (PBUH).

وعن أبي محمد عبد الله بن عمرو بن العاص رضي الله عنهما قال‏:‏ أخبر النبي صلى الله عليه وسلم أني أقول‏:‏ والله لأصومن النهار، ولأقومن الليل ماعشت، فقال رسول الله صلى الله عليه وسلم ‏:‏ أنت الذي تقول ذلك‏؟‏ فقلت له‏:‏ قد قلته بأبى أنت وأمى يا رسول الله‏.‏ قال‏:‏‏"‏فإنك لا تستطيع ذلك؛ فصم وأفطر، ونم وقم، وصم من الشهر ثلاثة أيام فإن الحسنة بعشر أمثالها، وذلك مثل صيام الدهر‏"‏ قلت‏:‏ فإنى أطيق أفضل من ذلك قال‏:‏ فصم يوما وأفطر يومين، قلت‏:‏ فإنى أطيق أفضل من ذلك، قال‏:‏ ‏"‏فصم يوماً وأفطر يوماً، فذلك صيام داود صلى الله عليه وسلم، وهو أعدل الصيام‏"‏‏.‏ وفي رواية‏:‏ ‏"‏وهو أفضل الصيام‏"‏ فقلت ‏:‏ فإني أطيق أفضل من ذلك‏.‏ فقال رسول الله صلى الله عليه وسلم‏:‏ ‏"‏ لا أفضل من ذلك‏"‏ ولأن أكون قبلت الثلاثة الأيام التي قال رسول الله صلى الله عليه وسلم أحب إلي من أهلي وما لي‏.‏ وفي رواية‏:‏ ‏"‏ألم أخبر أنك تصوم النهار وتقوم الليل‏؟‏‏"‏ قلت ‏:‏ بلى يا رسول الله قال‏:‏ ‏"‏فلا تفعل‏:‏ صم وأفطر ، ونم وقم فإن لجسدك عليك حقاً، وإن لعينيك عليك حقاً، وإن لزوجك عليك حقاً، وإن لزورك عليك حقاً، وإن بحسبك أن تصوم في كل شهر ثلاثة أيام ، فإن لك بكل حسنة عشر أمثالها، فإن ذلك صيام الدهر‏"‏ فشددت فشدد علي، قلت‏:‏ يا رسول الله إني أجد قوة، قال‏:‏ ‏"‏صم صيام نبي الله داود ولا تزد عليه‏"‏ قلت‏:‏ وما كان صيام داود‏؟‏ قال‏:‏ ‏"‏نصف الدهر‏"‏ فكان عبد الله يقول بعدما كبر‏:‏ يا ليتني قبلت رخصة رسول الله صلى الله عليه وسلم‏.‏ وفي رواية‏:‏ ‏"‏ ألم أخبر أنك تصوم الدهر، وتقرأ ...
Reference : Riyad as-Salihin 150
In-book reference : Introduction, Hadith 150

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

وَحَدَّثَنِي مَالِكٌ، أَنَّهُ بَلَغَهُ أَنَّ أَبَا سَلَمَةَ بْنَ عَبْدِ الرَّحْمَنِ، وَسُلَيْمَانَ بْنَ يَسَارٍ، سُئِلاَ هَلْ يُقْضَى بِالْيَمِينِ مَعَ الشَّاهِدِ فَقَالاَ نَعَمْ ‏.‏ قَالَ مَالِكٌ مَضَتِ السُّنَّةُ فِي الْقَضَاءِ بِالْيَمِينِ مَعَ الشَّاهِدِ الْوَاحِدِ يَحْلِفُ صَاحِبُ الْحَقِّ مَعَ شَاهِدِهِ وَيَسْتَحِقُّ حَقَّهُ فَإِنْ نَكَلَ وَأَبَى أَنْ يَحْلِفَ أُحْلِفَ الْمَطْلُوبُ فَإِنْ حَلَفَ سَقَطَ عَنْهُ ذَلِكَ الْحَقُّ وَإِنْ أَبَى أَنْ يَحْلِفَ ثَبَتَ عَلَيْهِ الْحَقُّ لِصَاحِبِهِ ‏.‏ قَالَ مَالِكٌ وَإِنَّمَا يَكُونُ ذَلِكَ فِي الأَمْوَالِ خَاصَّةً وَلاَ يَقَعُ ذَلِكَ فِي شَىْءٍ مِنَ الْحُدُودِ وَلاَ فِي نِكَاحٍ وَلاَ فِي طَلاَقٍ وَلاَ فِي عَتَاقَةٍ وَلاَ فِي سَرِقَةٍ وَلاَ فِي فِرْيَةٍ فَإِنْ قَالَ قَائِلٌ فَإِنَّ الْعَتَاقَةَ مِنَ الأَمْوَالِ ‏.‏ فَقَدْ أَخْطَأَ لَيْسَ ذَلِكَ عَلَى مَا قَالَ وَلَوْ كَانَ ذَلِكَ عَلَى مَا قَالَ لَحَلَفَ الْعَبْدُ مَعَ شَاهِدِهِ إِذَا جَاءَ بِشَاهِدٍ أَنَّ سَيِّدَهُ أَعْتَقَهُ وَأَنَّ الْعَبْدَ إِذَا جَاءَ بِشَاهِدٍ عَلَى مَالٍ مِنَ الأَمْوَالِ ادَّعَاهُ حَلَفَ مَعَ شَاهِدِهِ وَاسْتَحَقَّ حَقَّهُ كَمَا يَحْلِفُ الْحُرُّ ‏.‏ قَالَ مَالِكٌ فَالسُّنَّةُ عِنْدَنَا أَنَّ الْعَبْدَ إِذَا جَاءَ بِشَاهِدٍ عَلَى عَتَاقَتِهِ اسْتُحْلِفَ سَيِّدُهُ مَا أَعْتَقَهُ وَبَطَلَ ذَلِكَ عَنْهُ ‏.‏ قَالَ مَالِكٌ وَكَذَلِكَ السُّنَّةُ عِنْدَنَا أَيْضًا فِي الطَّلاَقِ إِذَا جَاءَتِ الْمَرْأَةُ ...
USC-MSA web (English) reference : Book 36, Hadith 7
Arabic reference : Book 36, Hadith 1411
Jami` at-Tirmidhi 3149
Narrated Sa'eed bin Jubair:
"I said to Ibn 'Abbas: 'Nawf Al-Bikali claims that Musa, of Banu Isra'il is not the companion of Al-Khidr. He said: 'The enemy of Allah has lied. I heard Ubayy bin Ka'b saying: "I heard the Messenger of Allah (SAW) say 'Musa stood to deliver a Khutbah to the children of Isra'il. He was asked: "Who is the most knowledgeable among the people?" He said: "I am the most knowledgeable." So Allah admonished him, since he did not refer the knowledge back to Him. Allah revealed to him: "A slave, among My slaves at the junction of the two seas, is more knowledgeable than you." So Musa said: "O Lord! How can I meet him?" He said to him: "Carry a fish in a basket, wherever you lose the fish, then he is there." So he set off, and his boy set off with him - and he was Yusha' bin Nun. Musa put a fish in a basket, he and the boy set off walking, until when they reached a rock, Musa and his boy fell asleep. The fish was flopping around in the basket, falling into the sea.' He said: 'Allah held back the flow of water until it was like a tunnel, and the fish could glide. Musa and his boy were amazed. They set off the remainder of the day and the night, and Musa's companion forgot to inform him (of the escape of the fish). When Musa arose in the morning, he said to his boy: Bring us our morning meal; truly we have suffered much fatigue in this, our journey (18:62).' He said: 'He had not gotten tired until he passed the place which Allah had ordered him to go. He said: Do you remember when we betook ourselves to the rock? I indeed forgot the fish, none but Shaitan made me forget to remember it. It took its course into the sea in a strange way (18:63). Musa said: That is what we have been seeking. So they went back, retracing their tracks (18:64). He said: 'So they began retracing their tracks.'" Sufyan (one of the narrators) said: "People claim that there is a spring of life at that rock, no dying person has its water poured over him, but he becomes alive, and the fish came in contact with some of it, so when the water dropped on it he became alive." "He [the Prophet (SAW)] said: 'They retraced their tracks until they arrived at the rock to see a man covered in a garment. Musa greeted him, and he replied: Is there such a greeting in your land? He said: I am Musa. He said: Musa of the children of Isra'il? He said: Yes. He said: O Musa! Indeed you have some knowledge from Allah, which Allah taught you, which I have not been taught, and I have some knowledge from Allah, which Allah taught me, which you have not been taught.' So Musa said: May I follow you so that you may teach me something of the knowledge which you have been taught? (18:66) He said: Verily, you will not be able to have patience with me! And how can you have patience about a thing which you know not? He said: If Allah wills, you will find me patient, and I will not disobey you at all (18:67-69). Al-Khadir said to him: Then if you follow me, ask me not about anything until I myself mention it to you (18:70). Musa said: Yes. So Musa and Al-Khadir set off walking along the shore of the sea. A boat was passing by them, and they spoke to them (the crew) asking them to let them get on board. They recognized Al-Khadir so they let the two of them ride without charge. Al-Khadir took one of the planks (in the boat) and removed it, so Musa said to him: These people gave us a ride free of charge, yet you sabotaged their boat so that its people will drown. Indeed you have done a dreadful thing (18:71). He said: Did I not tell you that you would not be able to have patience with me? (18:72). He said call me not to account for what I forgot, and be not hard upon me for my affair (18:73). Then they exited the boat, and while they were walking upon the shore, they saw a boy playing with two other boys. So Al-Khadir took him by his head, pulling it off with his hands, and he killed him. So Musa said to him: Have you killed an innocent person who killed no one! Verily you have done a horrendous thing (18:74). He said: Did I not tell you that you would not be able to have patience with me? (18:75) - he (the narrator) said: - "This was more severe than the first one" - He said: If I ask you about anything after this, you have received an excuse from me. So they both proceeded until they came to the inhabitants of a town. They asked them for food but they refused to entertain them. There they found a wall on the verge of falling down (18:76 & 77). He (the narrator) said: - meaning leaning over - 'So Al-Khadir took his hand like this, so he set it up straight (18:77) so Musa said to him: We arrived at these people, they did not treat us as guests nor feed us. If you wished, surely you could have taken wages for it! He said: "This is the parting between you and I. I will tell you the interpretation of (those) things over which you were not able to be patient (18:77 & 78).'" The Messenger of Allah (SAW) said: 'May Allah have mercy upon Musa! We wish that he would have had patience, so that we could have more knowledge about that two of them.' He said: 'So the Messenger of Allah (SAW) said: 'The first time Musa had forgotten.' He said: 'And a sparrow came, until it perched on the edge of a boat, and pecked at the sea. So Al-Khadir said to him: My knowledge and your knowledge do not diminish anything from the knowledge of Allah, but like what this sparrow diminishes of the sea.' Sa'eed bin Jubair said: "and he would" - meaning Ibn 'Abbas - "recite: 'And there was before them a king who would take every useful boat by force (18:79).' And he would recite: 'As for the boy, he was a disbeliever (18:80).'"
حَدَّثَنَا ابْنُ أَبِي عُمَرَ، حَدَّثَنَا سُفْيَانُ، عَنْ عَمْرِو بْنِ دِينَارٍ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ، قَالَ قُلْتُ لاِبْنِ عَبَّاسٍ إِنَّ نَوْفًا الْبِكَالِيَّ يَزْعُمُ أَنَّ مُوسَى صَاحِبَ بَنِي إِسْرَائِيلَ لَيْسَ بِمُوسَى صَاحِبِ الْخَضِرِ قَالَ كَذَبَ عَدُوُّ اللَّهِ سَمِعْتُ أُبَىَّ بْنَ كَعْبٍ يَقُولُ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ ‏"‏ قَامَ مُوسَى خَطِيبًا فِي بَنِي إِسْرَائِيلَ فَسُئِلَ أَىُّ النَّاسِ أَعْلَمُ فَقَالَ أَنَا أَعْلَمُ ‏.‏ فَعَتَبَ اللَّهُ عَلَيْهِ إِذْ لَمْ يَرُدَّ الْعِلْمَ إِلَيْهِ فَأَوْحَى اللَّهُ إِلَيْهِ أَنَّ عَبْدًا مِنْ عِبَادِي بِمَجْمَعِ الْبَحْرَيْنِ هُوَ أَعْلَمُ مِنْكَ قَالَ مُوسَى أَىْ رَبِّ فَكَيْفَ لِي بِهِ فَقَالَ لَهُ احْمِلْ حُوتًا فِي مِكْتَلٍ فَحَيْثُ تَفْقِدُ الْحُوتَ فَهُوَ ثَمَّ فَانْطَلَقَ وَانْطَلَقَ مَعَهُ فَتَاهُ وَهُوَ يُوشَعُ بْنُ نُونٍ وَيُقَالُ يُوسَعُ فَحَمَلَ مُوسَى حُوتًا فِي مِكْتَلٍ فَانْطَلَقَ هُوَ وَفَتَاهُ يَمْشِيَانِ حَتَّى إِذَا أَتَيَا الصَّخْرَةَ فَرَقَدَ ...
Grade: Sahih (Darussalam)
Reference : Jami` at-Tirmidhi 3149
In-book reference : Book 47, Hadith 201
English translation : Vol. 5, Book 44, Hadith 3149
Jami` at-Tirmidhi 3318
Ibn Abbas said:
“I was ever determined to ask Umar about the two women, among the wives of the Prophet, about whom Allah [the Mighty and Sublime] said: If you two turn in repentance, your hearts are indeed so inclined… until once when Umar performed Hajj, and I performed Hajj along with him. I poured water for his Wudu from a water holder, and I said: ‘O Commander of the Believers! Who are the two women among the wives of the Prophet, about whom Allah said: If your two turn in repentance, you hearts are indeed so inclined?’ He said to me: ‘I am astonished at you O Ibn Abbas!’” – Az-Zubair (one of the narrators) said: “By Allah! He disliked what he asked him, but he did not withhold it from him.” – “He said to me: ‘It was Aishah and Hafsah.’” He said: “Then he began narrating the Hadith to me. He said: ‘We, the people of the Quraish, used to have the upper hand over our women. So when we arrived in Al-Madinah, we found a people whose women had the upper hand over them. Our women began acquiring the habits of their women. One day I became angry with my wife when she started talking back to to me, she said: “What bothers you about that? By Allah! The wives of the Prophet talk back to him, and one of them may stay away from him a whole day until the night?’” “He said: ‘I said to myself: “Whoever among them has done that, then she has thwarted herself and lost.’” “He said: ‘My house was in Al-Awali among those of Banu Umayyah, and I had a neighbor among the Ansar, and he and I would take turns visiting the Messenger of Allah.’ He said: ‘One day I would visit him and bring the news of the Revealation, and other than that, and one day he would visit him and bring the same. We heard stories that Ghassan were preparing their horses to attack us. He said: ‘One day he came to me in the evening and knocked on my door, so I went out to him. He said: “A horrible thing has happened.” I said: “Ghassan has come?” He said: “Worse than that. The Messenger of Allah has divorced his wives.’” He said: ‘I said to myself: “Hafsah has thwarted herself and is a loser! I though this would happen some day.’” He said: ‘After we prayed Subh, I put on my clothes, then went to visit Hafsah. There I found her crying. I said: “Has the Messenger of Allah divorced (all of you)?” She said: “I do not know. He has secluded himself in the upper room.’” He said: ‘So I wen, and came upon a black slave, I said: “Seek permission for Umar.’” He said: ‘So he entered then came out to me. He said: “I mentioned you to him, but he did not say anything.’” He said: ‘So I went to the Masjid. There I found a group of people sitting around the Minhar weeping, so I sat down with them. Then it became too much for me, so I went to the slave and said: “Seek permission for Umar.” He went in, then he came out to me and said: “I mentioned you to him, but he did not say anything.’” He said: ‘So I went to the Masjid again, and sat there until I could not take it any more, and I went back to the slave and said: “Seek permission for Umar.” He went in, then he came out to me and said: “I mentioned you to him but he did not say anything.’” He said: ‘So I turned to leave, when the slave called me back. He said: “Enter for he has given you permission.’” He said: ‘So I entered, and found the Prophet reclining upon a woven mat, and I saw the marks it left on his side. I said: “O Messenger of Allah! Have you divorced your women?” He said: “No.” I said: “Allahu Akbar! IF you only saw us O Messenger of Allah! We the people of the Quraish used to have the upper hand over our women, but when we came to Al-Madinah we found a people whose women had the upper hand over them. Our women began acquiring the habits of their women. One day I became angry with my wife, so when she started talking back to me I rebuked her and she said: ‘What bothers you about that? By Allah! The wives of the Prophet talk back to him, and one of them may stay away from him a whole day until the night?’” He said: “I said to Hafsah: ‘Do you talk back to the Messenger of Allah?’ She said: ‘Yes, and one of us may stay away from him all day until the night.’” He said: “I said: ‘Whoever among them has done that, then she has thwarted herself and lost. So any of you feel so secure against Allah becoming angry with you because of the anger of the Messenger of Allah, then she will be ruined?’ He said: ‘So the Prophet smiled.’ He said: ‘So I said to Hafsah: “Do not talk back to the Messenger of Allah, and don’t ask him for anything. Ask me for whatever you want. And do not be tempted by the behavior of your companions, for she is more beautiful than you, and more loved by the Messenger of Allah.’” He said: ‘So he smiled again, I said: “O Messenger of Allah! May I speak candidily?” He said: “Yes.’” He said: ‘I raised my head and did not see in the house except for three hides. So I said: “O Messenger of Allah! Supplicate to Allah to make your followers prosperous. For verily, He has made the Persians and the Romans prosper, and they do not worship Him.” He then sat up and said: “Do you have some doubts O Ibn Al-Khattab? They are a people whose good has been hastened for them in this world’s life.’” He said: ‘He swore that he would not enter upon his women for a month. So Allah censured him for that, and he made the atonement of an oath.’” Az-Zuhri said: “Urwah informed me that Aishah said: “When twenty-nine days passed, the Prophet entered upon me first, and he said: “O Aishah! I am about to mention something to you, but do not be hasty in reply until you consult your parents.’” She said: ‘Then he recited this Ayah: “O Prophet! Say to your wives.” She said: ‘I knew by Allah! That my parents would not tell me to part with him.’ She said: ‘I said: “Is it about this that I should consult with my parents? Indeed I want Allah and His Messenger and the abode of the Hereafter.” Ma’mar (one of the narrators) said: “Ayyub informed me that Aishah said to him: ‘O Messenger of Allah! Do not inform your wives that I chose you.’ So the Prophet said: ‘Allah send me only as one who conveys (Muballigh), He did not send me as one causing hardship.’”
حَدَّثَنَا عَبْدُ بْنُ حُمَيْدٍ، أَخْبَرَنَا عَبْدُ الرَّزَّاقِ، عَنْ مَعْمَرٍ، عَنِ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ أَبِي ثَوْرٍ، قَالَ سَمِعْتُ ابْنَ عَبَّاسٍ، رضى الله عنهما يَقُولُ لَمْ أَزَلْ حَرِيصًا أَنْ أَسْأَلَ عُمَرَ عَنِ الْمَرْأَتَيْنِ مِنْ أَزْوَاجِ النَّبِيِّ صلى الله عليه وسلم اللَّتَيْنِ قَالَ اللَّهُ عَزَّ وَجَلَّْ ‏:‏ ‏‏(‏إن تَتُوبَا إِلَى اللَّهِ فَقَدْ صَغَتْ قُلُوبُكُمَا ‏)‏ حَتَّى حَجَّ عُمَرُ وَحَجَجْتُ مَعَهُ فَصَبَبْتُ عَلَيْهِ مِنَ الإِدَاوَةِ فَتَوَضَّأَ فَقُلْتُ يَا أَمِيرَ الْمُؤْمِنِينَ مَنِ الْمَرْأَتَانِ مِنْ أَزْوَاجِ النَّبِيِّ صلى الله عليه وسلم اللَّتَانِ قَالَ اللَّهُْ : ( إن تَتُوبَا إِلَى اللَّهِ فَقَدْ صَغَتْ قُلُوبُكُمَا وَإِنْ تَظَاهَرَا عَلَيْهِ فَإِنَّ اللَّهَ هُوَ مَوْلاَهُ ‏)‏ فَقَالَ لِي وَاعَجَبًا لَكَ يَا ابْنَ عَبَّاسٍ قَالَ الزُّهْرِيُّ وَكَرِهَ وَاللَّهِ مَا سَأَلَهُ عَنْهُ وَلَمْ يَكْتُمْهُ فَقَالَ لِي هِيَ عَائِشَةُ وَحَفْصَةُ قَالَ ثُمَّ أَنْشَأَ ...
Grade: Sahih (Darussalam)
Reference : Jami` at-Tirmidhi 3318
In-book reference : Book 47, Hadith 370
English translation : Vol. 5, Book 44, Hadith 3318
Riyad as-Salihin 21
Abdullah bin Ka'b, who served as the guide of Ka'b bin Malik (May Allah be pleased with him) when he became blind, narrated:
I heard Ka'b bin Malik (May Allah be pleased with him) narrating the story of his remaining behind instead of joining Messenger of Allah (PBUH) when he left for the battle of Tabuk. Ka'b said: "I accompanied Messenger of Allah (PBUH) in every expedition which he undertook excepting the battle of Tabuk and the battle of Badr. As for the battle of Badr, nobody was blamed for remaining behind as Messenger of Allah (PBUH) and the Muslims, when they set out, had in mind only to intercept the caravan of the Quraish. Allah made them confront their enemies unexpectedly. I had the honour of being with Messenger of Allah (PBUH) on the night of 'Aqabah when we pledged our allegiance to Islam and it was dearer to me than participating in the battle of Badr, although Badr was more well-known among the people than that. And this is the account of my staying behind from the battle of Tabuk. I never had better means and more favourable circumstances than at the time of this expedition. And by Allah, I had never before possessed two riding-camels as I did during the time of this expedition. Whenever Messenger of Allah (PBUH) decided to go on a campaign, he would not disclose his real destination till the last moment (of departure). But on this expedition, he set out in extremely hot weather; the journey was long and the terrain was waterless desert; and he had to face a strong army, so he informed the Muslims about the actual position so that they should make full preparation for the campaign. And the Muslims who accompanied Messenger of Allah (PBUH) at that time were in large number but no proper record of them was maintained." Ka'b (further) said: "Few were the persons who chose to remain absent believing that they could easily hide themselves (and thus remain undetected) unless Revelation from Allah, the Exalted, and Glorious (revealed relating to them). And Messenger of Allah (PBUH) set out on this expedition when the fruit were ripe and their shade was sought. I had a weakness for them and it was during this season that Messenger of Allah (PBUH) and the Muslims made preparations. I also would set out in the morning to make preparations along with them but would come back having done nothing and said to myself: 'I have means enough (to make preparations) as soon as I like'. And I went on doing this (postponing my preparations) till the time of departure came and it was in the morning that Messenger of Allah (PBUH) set out along with the Muslims, but I had made no preparations. I would go early in the morning and come back, but with no decision. I went on doing so until they (the Muslims) hastened and covered a good deal of distance. Then I wished to march on and join them. Would that I had done that! But perhaps it was not destined for me. After the departure of Messenger of Allah (PBUH) whenever I went out, I was grieved to find no good example to follow but confirmed hypocrites or weak people whom Allah had exempted (from marching forth for Jihad). Messenger of Allah (PBUH) made no mention of me until he reached Tabuk. While he was sitting with the people in Tabuk, he said, 'What happened to Ka'b bin Malik?' A person from Banu Salimah said: "O Messenger of Allah, the (beauty) of his cloak and an appreciation of his finery have detained him.' Upon this Mu'adh bin Jabal (MatAllah be pleased with him) admonished him and said to Messenger of Allah (PBUH): "By Allah, we know nothing about him but good.' Messenger of Allah (PBUH), however, kept quiet. At that time he (the Prophet (PBUH)) saw a person dressed in white and said, 'Be Abu Khaithamah.' And was Abu Khaithamah Al- Ansari was the person who had contributed a Sa' of dates and was ridiculed by the hypocrites." Ka'b bin Malik further said: "When the news reached me that Messenger of Allah (PBUH) was on his way back from Tabuk, I was greatly distressed. I thought of fabricating an excuse and asked myself how I would save myself from his anger the next day. In this connection, I sought the counsels of every prudent member of my family. When I was told that Messenger of Allah (PBUH) was about to arrive, all the wicked ideas vanished (from my mind) and I came to the conclusion that nothing but the truth could save me. So I decided to tell him the truth. It was in the morning that Messenger of Allah (PBUH) arrived in Al-Madinah. It was his habit that whenever he came back from a journey, he would first go to the mosque and perform two Rak'ah (of optional prayer) and would then sit with the people. When he sat, those who had remained behind him began to put forward their excuses and take an oath before him. They were more than eighty in number. Messenger of Allah (PBUH) accepted their excuses on the very face of them and accepted their allegiance and sought forgiveness for them and left their insights to Allah, until I appeared before him. I greeted him and he smiled and there was a tinge of anger in that. He then said to me, 'Come forward'. I went forward and I sat in front of him. He said to me, 'What kept you back? Could you not afford to go in for a ride?' I said, 'O Messenger of Allah, by Allah, if I were to sit before anybody else, a man of the world, I would have definitely saved myself from his anger on one pretext or the other and I have a gifted skill in argumentation, but, by Allah, I am fully aware that if I were to put forward before you a lame excuse to please you, Allah would definitely provoke your wrath upon me. In case, I speak the truth, you may be angry with me, but I hope that Allah would be pleased with me (and accept my repentance). By Allah, there is no valid excuse for me. By Allah, I never possessed so good means, and I never had such favourable conditions for me as I had when I stayed behind.' Thereupon, Messenger of Allah (PBUH) said, 'This man spoke the truth, so get up (and wait) until Allah gives a decision about you.' I left and some people of Banu Salimah followed me. They said to me, 'By Allah, we do not know that you committed a sin before. You, however, showed inability to put forward an excuse before Messenger of Allah (PBUH) like those who stayed behind him. It would have been enough for the forgiveness of your sin that Messenger of Allah (PBUH) would have sought forgiveness for you.' By Allah, they kept on reproaching me until I thought of going back to Messenger of Allah (PBUH) and retract my confession. Then I said to them, 'Has anyone else met the same fate?' They said, 'Yes, two persons have met the same fate. They made the same statement as you did and the same verdict was delivered in their case.' I asked, 'Who are they?' They said, 'Murarah bin Ar-Rabi' Al-'Amri and Hilal bin Umaiyyah Al- Waqifi.' They mentioned these two pious men who had taken part in the battle of Badr and there was an example for me in them. I was confirmed in my original resolve. Messenger of Allah (PBUH) prohibited the Muslims to talk to the three of us from amongst those who had stayed behind. The people began to avoid us and their attitude towards us changed and it seemed as if the whole atmosphere had turned against us, and it was in fact the same atmosphere of which I was fully aware and in which I had lived (for a fairly long time). We spent fifty nights in this very state and my two friends confined themselves within their houses and spent (most of their) time weeping. As I was the youngest and the strongest, I would leave my house, attend the congregational Salat, move about in the bazaars, but none would speak to me. I would come to Messenger of Allah (PBUH) as he sat amongst (people) after the Salat, greet him and would ask myself whether or not his lips moved in response to my greetings. Then I would perform Salat near him and look at him stealthily. When I finish my Salat, he would look at me and when I would cast a glance at him he would turn away his eyes from me. When the harsh treatment of the Muslims to me continued for a (considerable) length of time, I walked and I climbed upon the wall of the garden of Abu Qatadah, who was my cousin, and I had a great love for him. I greeted him but, by Allah, he did not answer to my greeting. I said to him, 'O Abu Qatadah, I adjure you in the Name of Allah, are you not aware that I love Allah and His Messenger (PBUH)?' I asked him the same question again but he remained silent. I again adjured him, whereupon he said, 'Allah and His Messenger (PBUH) know better.' My eyes were filled with tears, and I came back climbing down the wall.

As I was walking in the bazaars of Al-Madinah, a man from the Syrian peasants, who had come to sell food grains in Al-Madinah, asked people to direct him to Ka'b bin Malik. People pointed towards me. He came to me and delivered a letter from the King of Ghassan, and as I was a scribe, I read that letter whose purport was: 'It has been conveyed to us that your friend (the Prophet (PBUH)) was treating you harshly. Allah has not created you for a place where you are to be degraded and where you cannot find your right place; so come to us and we shall receive you graciously.' As I read that letter I said: 'This is too a trial,' so I put it to fire in an oven. When forty days had elapsed and Messenger of Allah (PBUH) received no Revelation, there came to me a messenger of the Messenger of Allah and said, 'Verily, Messenger of Allah (PBUH) has commanded you to keep away from your wife.' I said, 'Should I divorce her or what else should I do?' He said, 'No, but only keep away from her and don't have sexual contact with her.' The same message was sent to my companions. So, I said to my wife: 'You better go to your parents and stay there with them until Allah gives the decision in my case.' The wife of Hilal bin Umaiyyah came to Messenger of Allah (PBUH) and said: 'O Messenger of Allah, Hilal bin Umaiyyah is a senile person and has no servant. Do you disapprove if I serve him?' He said, 'No, but don't let him have any sexual contact with you.' She said, 'By Allah, he has no such desire left in him. By Allah, he has been in tears since (this calamity) struck him.' Members of my family said to me, 'You should have sought permission from Messenger of Allah (PBUH) in regard to your wife. He has allowed the wife of Hilal bin Umaiyyah to serve him.' I said, 'I would not seek permission from Messenger of Allah (PBUH) for I do not know what Messenger of Allah might say in response to that, as I am a young man'. It was in this state that I spent ten more nights and thus fifty days had passed since people boycotted us and gave up talking to us. After I had offered my Fajr prayer on the early morning of the fiftieth day of this boycott on the roof of one of our houses, and had sat in the very state which Allah described as: 'The earth seemed constrained for me despite its vastness', I heard the voice of a proclaimer from the peak of the hill Sal' shouting at the top of his voice: 'O Ka'b bin Malik, rejoice.' I fell down in prostration and came to know that there was (a message of) relief for me. Messenger of Allah (PBUH) had informed the people about the acceptance of our repentance by Allah after he had offered the Fajr prayer. So the people went on to give us glad tidings and some of them went to my companions in order to give them the glad tidings. A man spurred his horse towards me (to give the good news), and another one from the tribe of Aslam came running for the same purpose and, as he approached the mount, I received the good news which reached me before the rider did. When the one whose voice I had heard came to me to congratulate me, I took off my garments and gave them to him for the good news he brought to me. By Allah, I possessed nothing else (in the form of clothes) except these garments, at that time. Then I borrowed two garments, dressed myself and came to Messenger of Allah (PBUH) On my way, I met groups of people who greeted me for (the acceptance of) repentance and they said: 'Congratulations for acceptance of your repentance.' I reached the mosque where Messenger of Allah (PBUH) was sitting amidst people. Talhah bin 'Ubaidullah got up and rushed towards me, shook hands with me and greeted me. By Allah, no person stood up (to greet me) from amongst the Muhajirun besides him." Ka'b said that he never forgot (this good gesture of) Talhah. Ka'b further said: "I greeted Messenger of Allah (PBUH) with 'As-salamu 'alaikum' and his face was beaming with pleasure. He (PBUH) said, 'Rejoice with the best day you have ever seen since your mother gave you birth. 'I said: 'O Messenger of Allah! Is this (good news) from you or from Allah?' He said, 'No, it is from Allah.' And it was common with Messenger of Allah (PBUH) that when ever he was happy, his face would glow as if it were a part of the moon and it was from this that we recognized it (his delight). As I sat before him, I said, I have placed a condition upon myself that if Allah accepts my Taubah, I would give up all of my property in charity for the sake of Allah and His Messenger (PBUH)!' Thereupon Messenger of Allah (PBUH) said, 'Keep some property with you, as it is better for you.' I said, 'I shall keep with me that portion which is in Khaibar'. I added: 'O Messenger of Allah! Verily, Allah has granted me salvation because of my truthfulness, and therefore, repentance obliges me to speak nothing but the truth as long as I am alive." Ka'b added: "By Allah, I do not know anyone among the Muslims who has been granted truthfulness better than me since I said this to the Prophet (PBUH). By Allah! Since the time I made a pledge of this to Messenger of Allah (PBUH), I have never intended to tell a lie, and I hope that Allah would protect me (against telling lies) for the rest of my life. Allah, the Exalted, the Glorious, revealed these Verses:

'Allah has forgiven the Prophet (PBUH), the Muhajirun (Muslim Emigrants who left their homes and came to Al-Madinah) and the Ansar (Muslims of Al- Madinah) who followed him (Muhammad (PBUH)) in the time of distress (Tabuk expedition), after the hearts of a party of them had nearly deviated (from the Right Path), but He accepted their repentance. Certainly, He is unto them full of kindness, Most Merciful. And (He did forgive also) the three who did not join [the Tabuk expedition and whose case was deferred (by the Prophet (PBUH)) for Allah's Decision] till for them the earth, vast as it is, was straitened and their ownselves were straitened to them, and they perceived that there is no fleeing from Allah, and no refuge but with Him. Then, He forgave them (accepted their repentance), that they might beg for His Pardon [repent (unto Him)]. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful. O you who believe! Be afraid of Allah, and be with those who are true (in word and deeds)." (9:117,118).

Ka'b said: "By Allah, since Allah guided me to Islam, there has been no blessing more significant for me than this truth of mine which I spoke to Messenger of Allah (PBUH), and if I were to tell a lie I would have been ruined as were ruined those who had told lies, for Allah described those who told lies with the worst description He ever attributed to anybody else, as He sent down the Revelation:

They will swear by Allah to you (Muslims) when you return to them, that you may turn away from them. So turn away from them. Surely, they are Rijsun [i.e., Najasun (impure) because of their evil deeds], and Hell is their dwelling place - a recompense for that which they used to earn. They (the hypocrites) swear to you (Muslims) that you may be pleased with them, but if you are pleased with them, certainly Allah is not pleased with the people who are Al- Fa'siqun (rebellious, disobedient to Allah)". (9:95,96)

Ka'b further added: "The matter of the three of us remained pending for decision apart from the case of those who had made excuses on oath before Messenger of Allah (PBUH) and he accepted those, took fresh oaths of allegiance from them and supplicated for their forgiveness. The Prophet (PBUH) kept our matter pending till Allah decided it. The three whose matter was deferred have been shown mercy. The reference here is not to our staying back from the expedition but to his delaying our matter and keeping it pending beyond the matter of those who made their excuses on oath which he accepted".

[Al- Bukhari and Muslim]

Another version adds: "Messenger of Allah (PBUH) set out for Tabuk on Thursday. He used to prefer to set out on journey on Thursday." Another version says: "Messenger of Allah (PBUH) used to come back from a journey in the early forenoon and went straight to the mosque where he would perform two Rak'ah prayer. Afterwards he would seat himself there".

وعن عبد الله بن كعب بن مالك، وكان قائد كعب رضي الله عنه من بنيه حين عمي قال‏:‏ سمعت كعب بن مالك رضي الله عنه يحدث بحديثه حين تخلف عن رسول الله صلى الله عليه وسلم في غزوة تبوك‏.‏ قال كعب‏:‏ لم اتخلف عن رسول الله، صلى الله عليه وسلم ، في غزوة غزاها قط إلا في غزوة تبوك، غير أني قد تخلفت في غزوة بدر، ولم يعاتب أحد تخلف عنه، إنما خرج رسول الله صلى الله عليه وسلم والمسلمون يريدون عير قريش حتى جمع الله تعالى بينهم وبين عدوهم على غير ميعاد‏.‏ ولقد شهدت مع رسول الله صلى الله عليه وسلم ليلة العقبة حين تواثقنا على الإسلام، وما أحب أن لي بها مشهد بدرٍ، وإن كانت بدر أذكر في الناس منها‏.‏

وكان من خبري حين تخلف عن رسول الله، صلى الله عليه وسلم، في غزوة تبوك أني لم أكن قط أقوى ولا أيسر مني حين تخلفت عنه في تلك الغزوة، والله ما جمعت قبلها راحلتين قط حتى جمعتهما في تلك الغزوة، ولم يكن رسول الله صلى الله عليه وسلم يريد غزوة إلا ورى بغيرها حتى كانت تلك الغزوة، فغزاها رسول الله صلى الله عليه وسلم في حر شديد، واستقبل سفراً بعيداً ومفازاً، واستقبل عدداً كثيراً، فجلى للمسلمين أمرهم ليتأهبوا أهبة غزوهم فأخبرهم بوجههم الذي يريد، والمسلمون مع رسول الله كثير ولا يجمعهم كتاب حافظ ‏ "‏يريد بذلك الديوان‏"‏ قال كعب‏:‏ فقل رجل يريد أن يتغيب إلا ظن أن ذلك سيخفى به مالم ينزل فيه وحي من الله، وغزا رسول الله صلى الله عليه وسلم تلك الغزوة حين طابت الثمار والظلال فأنا إليها أصعر فتجهز رسول الله صلى الله عليه وسلم والمسلمون معه، وطفقت أغدو لكي أتجهز معه، فأرجع ولم أقض شيئاً، وأقول في نفسي‏:‏ أنا قادر ...

Reference : Riyad as-Salihin 21
In-book reference : Introduction, Hadith 21

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden, because the share-cropper does not know what the exact wage is going to be for his labour, whether it will be little or great."

Malik said, "No-one who lends a qirad or grants a share-cropping contract, should exempt some of the wealth, or some of the trees from his agent, because, by that, the agent becomes his hired man. He says, 'I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you.' That must not be done and it is not good. This is what is done in our community."

Malik said, "The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls, cleaning the spring, sweeping the irrigation canals, pollinating the palms, pruning branches, harvesting the fruit and such things, provided that the share-cropper has a share of the fruit fixed by mutual agreement. However, the owner cannot stipulate the beginning of new work which the agent will start digging a well, raising the source of a well, instigating new planting, or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man, 'Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine,' before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah, may Allah bless him and grant him peace, forbade fruit to be sold before its good condition became clear."

Malik said, "If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him, specifying the job, for half the fruit of his garden, for example, there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it.

"As for share-cropping, if the garden has no fruit or little or bad fruit, he has only that. The labourer is only hired for a set amount, and hire is only permitted on these terms. Hire is a type of sale. One man buys another man's work from him. It is not good if uncertainty enters into it because the Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain transactions."

Malik said, "The sunna in share- cropping with us is that it can be practised with any kind of fruit tree, palm, vine, olive tree, pomegranate, peach, and soon. It is permitted, and there is no harm in it provided that the owner of the property has a share of the fruit:

a half or a third or a quarter or whatever."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

وَحَدَّثَنِي مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم كَانَ يَبْعَثُ عَبْدَ اللَّهِ بْنَ رَوَاحَةَ إِلَى خَيْبَرَ فَيَخْرُصُ بَيْنَهُ وَبَيْنَ يَهُودِ خَيْبَرَ - قَالَ - فَجَمَعُوا لَهُ حَلْيًا مِنْ حَلْىِ نِسَائِهِمْ فَقَالُوا لَهُ هَذَا لَكَ وَخَفِّفْ عَنَّا وَتَجَاوَزْ فِي الْقَسْمِ ‏.‏ فَقَالَ عَبْدُ اللَّهِ بْنُ رَوَاحَةَ يَا مَعْشَرَ الْيَهُودِ وَاللَّهِ إِنَّكُمْ لَمِنْ أَبْغَضِ خَلْقِ اللَّهِ إِلَىَّ وَمَا ذَاكَ بِحَامِلِي عَلَى أَنْ أَحِيفَ عَلَيْكُمْ فَأَمَّا مَا عَرَضْتُمْ مِنَ الرُّشْوَةِ فَإِنَّهَا سُحْتٌ وَإِنَّا لاَ نَأْكُلُهَا ‏.‏ فَقَالُوا بِهَذَا قَامَتِ السَّمَوَاتُ وَالأَرْضُ ‏.‏ قَالَ مَالِكٌ إِذَا سَاقَى الرَّجُلُ النَّخْلَ وَفِيهَا الْبَيَاضُ فَمَا ازْدَرَعَ الرَّجُلُ الدَّاخِلُ فِي الْبَيَاضِ فَهُوَ لَهُ ‏.‏ قَالَ وَإِنِ اشْتَرَطَ صَاحِبُ الأَرْضِ أَنَّهُ يَزْرَعُ فِي الْبَيَاضِ لِنَفْسِهِ فَذَلِكَ لاَ يَصْلُحُ لأَنَّ الرَّجُلَ الدَّاخِلَ فِي الْمَالِ يَسْقِي لِرَبِّ الأَرْضِ فَذَلِكَ زِيَادَةٌ ازْدَادَهَا عَلَيْهِ ‏.‏ قَالَ وَإِنِ اشْتَرَطَ الزَّرْعَ بَيْنَهُمَا فَلاَ بَأْسَ بِذَلِكَ إِذَا كَانَتِ الْمَئُونَةُ كُلُّهَا عَلَى الدَّاخِلِ فِي الْمَالِ الْبَذْرُ وَالسَّقْىُ وَالْعِلاَجُ كُلُّهُ فَإِنِ اشْتَرَطَ الدَّاخِلُ فِي الْمَالِ عَلَى رَبِّ الْمَالِ أَنَّ الْبَذْرَ عَلَيْكَ كَانَ ذَلِكَ غَيْرَ جَائِزٍ لأَنَّهُ قَدِ اشْتَرَطَ عَلَى ...
Sunnah.com reference : Book 33, Hadith 2
USC-MSA web (English) reference : Book 33, Hadith 2
Arabic reference : Book 33, Hadith 1392
Riyad as-Salihin 1867
Ibn 'Abbas (May Allah be pleased with them) reported:
Ibrahim (PBUH) brought his wife and her son Isma'il (PBUH), while she was suckling him, to a place near the Ka'bah under a tree on the spot of Zamzam, at the highest place in the mosque. In those days, there was no human being in Makkah, nor was there any water. So he made them sit over there and placed near them a leather bag containing some dates, and a small water-skin containing some water, and set out homeward. Isma'il's mother followed him saying: "O Ibrahim! Where are you going, leaving us in this valley where there is no person whose company we may enjoy, nor is there anything (to enjoy)?" She repeated that to him many times, but he did not look back at her. Then she asked him: "Has Allah commanded you to do so?" He said: "Yes." She said: "Then He will not neglect us." She returned while Ibrahim proceeded onwards. Having reached the Thaniya, where they could not see him, he faced Ka'bah, raised his both hands and supplicated: "O our Rubb! I have made some of my offspring to dwell in an uncultivable valley by Your Sacred House (the Ka'bah at Makkah) in order, O our Rubb, that they may perform As-Salat (Iqamat-as-Salat). So fill some hearts among men with love towards them, and (O Allah) provide them with fruits so that they may give thanks." (14:37).

Isma'il's mother went on suckling Isma'il and drinking from the water which she had. When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at Isma'il, tossing in agony. She left him, for she could not endure looking at him, and found that the mountain of As-Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from As-Safa, and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble till she crossed the valley and reached Al-Marwah mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between As-Safa and Al-Marwah) seven times." Ibn 'Abbas further related: The Prophet (PBUH) said, "This is the source of the tradition of the Sa'y - i.e., the going of people between the two mountains. When she reached Al-Marwah (for the last time), she heard a voice and she exclaimed: 'Shshs!' (Silencing herself) and listened attentively. She heard the voice again and said: 'O (whoever you may be) You have made me hear your voice; have you any succour for me?' And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or with his wing), till water flowed out from that place. She started to make something like of a basin around it, using her hands in this way and began to fill her water- skin with water with her hands, and the water was flowing out until she had scooped some of it." The Prophet (PBUH) further said, "May Allah bestow mercy on Isma'il's mother! Had she let the Zamzam flow without trying to control it (or had she not scooped in that water) while filling her water-skin, Zamzam would have been a stream flowing on the surface of the earth." The Prophet (PBUH) further added, "Then she drank (water) and suckled her child. The angel said to her: 'Do not be afraid of being neglected, for this is the site on which the House of Allah will be built by this boy and his father, and Allah will never let neglected His people.' The House of Allah (the Ka'bah) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She continued living in that way till some people from the tribe of Jurhum passed by her and her child. As they were coming from through the way of Kada', in the lower part of Makkah where they saw a bird that had a habit of flying around water and not leaving it. They said: 'This bird must be flying over water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came towards the water." The Prophet (PBUH) added, "Isma'il's mother was sitting near the water. They asked her: 'Do you allow us to stay with you?' She replied: 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet (PBUH) further said, "Isma'il's mother was pleased with the whole situation as she used to love the company of the people. So, they settled there, and later on they sent for their families who came and settled with them. The child (i.e., Isma'il) grew up and learnt Arabic from them (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty, they gave him one of their daughters in marriage. After Isma'il's mother had died, Ibrahim came after Isma'il's marriage in order to see his family that he had left before, but he did not find Isma'il there. When he asked Isma'il's wife about him, she replied: 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied complaining to him: 'We are living in hardship, misery and destitution.' He said: 'When your husband returns, convey my salutations to him and tell him to change the threshold of the door of his house.' When Isma'il came, he seemed to have perceived something unusual. He asked his wife: 'Did anyone visit you?' She replied: 'Yes, an old man of such and such description came and asked me about you and I informed him, and he asked about our state of living, and, I told him that we were living in hardship and poverty.' Thereupon Isma'il said: 'Did he advise you anything?' She replied: 'Yes, he told me to convey his salutations to you and to change the threshold of your door.' Isma'il said: 'That was my father, and he has ordered me to divorce you. Go back to your family.' So Isma'il divorced her and married another woman from amongst them (Jurhum). Then Ibrahim stayed away from them for a period as long as Allah wished, and called on them again but did not find Isma'il. So he came to Isma'il's wife and asked her about him. She said: 'He has gone in search of our livelihood.' Ibrahim asked her about their sustenance and living: 'How are you getting on?' She replied: 'We are prosperous and well off.' Then she praised Allah, the Exalted. Ibrahim asked: 'What kind of food do you eat?' She said: 'Meat.' He said: 'What do you drink?' She said: 'Water.' He said, 'O Allah! Bless their meat and water!"' The Prophet (PBUH) added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet (PBUH) further said, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected because these things do not suit him unless he lives in Makkah." The Prophet (PBUH) added, "Then Ibrahim said to Isma'il's wife, 'When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his door.' When Isma'il came back, he asked his wife: 'Did anyone call on you?' She replied: 'Yes, a good looking old man came to me.' She praised him and added: 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in good condition.' Isma'il asked her: 'Did he give you a piece of advice?' She said: 'Yes, he told me to convey his regards to you and ordered that you should keep firm the threshold of your door.' On that Isma'il said: 'He was my father and you are the threshold of the door. He has ordered me to keep you with me.' Then Ibrahim stayed away from them for a period as long as Allah wished and called on them afterwards. He saw Isma'il under a tree near Zamzam, sharpening his arrows. When he saw Ibrahim, he rose up to welcome him, and they greeted each other as a father does with his son or a son does with his father. Ibrahim said: 'O Isma'il! Allah has given me an order.' Isma'il said: 'Do what your Rubb has commanded you to do.' Ibrahim asked: 'Will you help me?' Isma'il said: 'I will help you.' Ibrahim said: 'Allah has ordered me to build a house here, pointing to a hillock higher than the land surrounding it."' The Messenger of Allah (PBUH) added, "Then they raised the foundations of the House (i.e., Ka'bah). Isma'il brought the stones and Ibrahim was building (the house). When the walls became high, Isma'il brought stone and placed it for Ibrahim who stood over it and carried on building the House, while Isma'il was handing over the stones to him, both of them prayed: 'O our Rubb! Accept this service from us! Verily, You are the All- Hearer and the All-Knower."'

[Al-Bukhari].

There are some more narrations about this incident, some adding details and some with minor variations in the wordings.

وعن بن عباس رضي الله عنهما قال‏:‏ جاء إبراهيم صلى الله عليه وسلم بأم إسماعيل وبابنها إسماعيل وهي ترضعه حتى وضعها عند البيت عند دوحة فوق زمزم في أعلى المسجد وليس بمكة يومئذ أحد وليس بها ماء، فوضعهما هناك، ووضع عندهما جراباً فيه تمر، وسقاء فيه ماء، ثم قفى إبراهيم منطلقاً، فتبعته أم إسماعيل فقالت‏:‏ يا إبراهيم أين تذهب وتتركنا بهذا الوادي الذي ليس فيه أنيس ولا شيء‏؟‏ فقالت له ذلك مراراً، وجعل لا يلتفت إليها، قالت له‏:‏ آلله أمرك بهذا‏؟‏ قال‏:‏ نعم ، قالت‏:‏ إذا لا يضيعنا، ثم رجعت، فانطلق إبراهيم صلى الله عليه وسلم ، حتى إذا كان عند الثنية حيث يرونه استقبل بوجهه البيت ، ثم دعا بهؤلاء الدعوات ، فرفع يديه فقال‏:‏ ‏{‏ربنا إني أسكنت من ذريتي بواد غير ذي زرع‏}‏ حتى بلغ ‏{‏يشكرون‏}‏ وجعلت أم إسماعيل ترضع إسماعيل، وتشرب من ذلك الماء، حتى إذا نفد ما في السقاء عطشت، وعطش ابنها، وجعلت تنظر إليه يتلوى -أوقال‏:‏ يتلبط- فانطلقت كراهية أن تنظر إليه ، فوجدت الصفا أقرب جبل في الأرض يليها، فقامت عليه، ثم استقبلت الوادي تنظر هل ترى أحداً‏؟‏ فلم تر أحداً، فهبطت من الصفا حتى إذا بلغت الوادي، رفعت طرف درعها، ثم سعت سعي الإنسان المجهود حتى جاوزت الوادي، ثم أتت المروة، فقامت عليها، فنظرت هل ترى أحداً‏؟‏ فلم تر أحداً، ففعلت ذلك سبع مرات، قال ابن عباس رضي الله عنهما‏:‏ قال النبي صلى الله عليه وسلم ‏ "‏فذلك سعي الناس بينها‏"‏ فلما أشرفت على المروة سمعت صوتاً، فقالت‏:‏ صه-تريد نفسها- ثم تسمّعت ، فسمعت أيضاً فقالت‏:‏ قد أسمعت إن كان عندك غواث فأغث، فإذا هى بالملك عند موضع ...
Reference : Riyad as-Salihin 1867
In-book reference : Book 18, Hadith 60
Mishkat al-Masabih 2555
Jabir b. ‘Abdallah said:
God’s messenger remained in Medina nine years, during which he had not performed the hajj, then made a public announcement in the tenth year to the effect that God’s messenger was about to perform the hajj. Large numbers came to Medina, and we went out with him. When we reached Dhul Hulaifa, Asma’ daughter of ‘Umais, gave birth to Muhammad b. Abu Bakr and sent to God’s messenger asking what she was to do. He replied, “Bathe, bandage your private parts with a cloth, and put on the ihram.” God’s messenger then prayed in the mosque, and after he had mounted al-Qaswa' and his she-camel stood erect with him on its back at al-Baida’, he raised his voice declaring God’s unity and saying, “Labbaik, O God, labbaik labbaik; Thou hast no partner; labbaik; praise and grace are Thine and the dominion; Thou hast no partner.” Jabir said : We did not express our intention of performing anything but the hajj, being unaware of the ‘umra [at that season], but when we came with him to the House he touched the corner and made seven circuits, running three of them and walking four. Then going forward to the station of Abraham, he recited, “And take the station of Abraham as a place of prayer.” (Qur’an 2:125)He then prayed two 'rak'as, having the station between him and the House. A version says that he recited in the two rak'as,. “Say, He is God, One,” and, “Say, O infidels.” (Qur’an 112, and 109) He then returned to the corner and touched it, after which he went out by the gate to as-Safa, on coming near to which he recited. “As-Safa and al-Marwa are among the signs appointed by God,” (Qur’an 2:158) adding, “I begin with what God began with.” So he went first to as-Safa, and mounting it till he could see the House, he faced the qibla, declared God's unity, proclaimed His greatness, and said, “There is no god but God alone who has no partner; to Him belongs the dominion, to Him praise is due, and He is omnipotent; there is no god but God alone who alone has fulfilled His promise, helped His servant and routed the confederates." He then made supplication in the course of that, saying such words three times. He next descended and walked towards al-Marwa, and when his feet came down into the bottom of the valley he ran, and when he began to ascend he walked till he reached al-Marwa. There he did as he had done at as-Safa, and when he came to al-Marwa for the last time, he called out, he being on al-Marwa and the people below him, saying, “If I had known before what I have come to know afterwards regarding my religion, I would not have brought sacrificial animals but made it an 'umra ; so if any of you has no sacrificial animals he,may take off the ihram and treat it as an ‘umra. Suraqa b. Malik b.Jush'um then got up and asked, “Messenger of God, does this apply to the present year, or does it apply for ever?" God’s messenger intertwined his fingers and said twice, “The ‘umra has become incorporated in the hajj," adding “No, but for ever and ever." ‘Ali came from the Yemen with the Prophet’s sacrificial animals and he asked him what he had said when he undertook the duty of performing the hajj. He replied that he had said, “0 God, I am putting on the ihram for the same purpose as Thy messenger has put it on." He said, “I have with me the sacrificial animals, so do not put off the ihram.” [Jabir] said: The total of those sacrificial animals brought by ‘Ali from the Yemen and of those brought by the Prophet was a hundred. Then all the people, except the Prophet and those who had with them sacrificial animals, removed the ihram and clipped their hair. When yaum at-tarwiya (The 8th of Dhul Hijja, the day when pilgrims leave Mecca and go to Mina. The name is commonly explained as meaning that this was the day when the pilgrims provided themselves with a supply of water for the arid journey before them) came they went towards Mina having put on the ihram for the hajj, and the Prophet rode and prayed there the noon, afternoon, sunset, evening and dawn prayers. After that he waited a little till the sun rose, and gave orders for a tent of hair to be set up for him at Namira (A place or a hill near ‘Arafa). God’s messenger then set out, and Quraish did not doubt that he would observe a halt at the sacred site (At al-Muzdalifa, al-Mash'ar al-haram, a hill sacred to the god Ouzah in pre-lslamic times), as Quraish used to do in the pre-Islamic period ; but he passed on till he came to ‘Arafa and found that the tent had been set up for him at Namira. There he dismounted, and when the sun had passed the meridian he ordered al- Qaswa’ to be brought, and when it was saddled for him he went down into the valley and addressed the people, saying, “Your lives and your property must be respected by one another like the sacredness of this day of yours in this month of yours in this town of yours. Everything pertaining to the pre-Islamic period has been put under my feet, and claims for blood-vengeance belonging to the pre-lslamic period have been abolished. The first of those murdered among us whose blood-vengeance I remit is the son of Rabi'a b. al-Harith (Rabi’a was a grandson of 'Abd al-Muttalib. The name of the child who had been killed is variously given as Adam, Tammam and Iyas. Ibn ‘Abd al-Barr says Adam is a mistake, but does not commit himself to either of the other two names) who was suckled among the B. Sa'd and killed by Hudhail. The usury of the pre-Islamic period is abolished, and the first of our usury I abolish is that of ‘Abbas b. ‘Abd al-Muttalib, for it is all abolished. Show fear towards God regarding women, for you have got them under God’s security, and have the right to intercourse with them by God's word. They must not bring into your houses anyone whom you dislike, but if they do that beat them, though not severely. You are responsible for providing them with their food and clothing in a fitting manner. I have left among you something, i.e. God’s Book, by which, if you hold to it, you will never again go astray. You will be asked about me, so what will you say?" They replied, “We testify that you have conveyed and fulfilled the message and given counsel. ” Then raising his forefinger towards the sky and pointing it at the people, he said, “O God, be witness ; O God, be witness,” saying it three times. Bilal then uttered the call to prayer, and the iqama, and he prayed the noon prayer; he then uttered the iqama and he prayed the afternoon prayer, engaging in no prayer between the two. He then mounted his camel and came to the place of standing, making his she-camel al-Qaswa’ turn its back to the rocks and having the path taken by those who went on foot (The Arabic is Habl al-mushat, which is variously explained as above, or as ‘the concourse of horse on foot', or as the name of a place.) in front of him. He faced the qibla and remained standing till sunset when the yellow light had somewhat gone and the disc of the sun had disappeared. He took Usama up behind him and went quickly till he came to al-Muzdalifa, where he prayed the sunset and the evening prayer with one adhan and two iqamas without saying ‘Glory be to God' between them. He then lay down till dawn and prayed the dawn prayer with an adhan and an iqama when the morning light was clear. He then mounted al-Qaswa’ and when he came to the sacred site he faced the qibla, supplicated God, declared His greatness, His uniqueness and His unity, and kept standing till the daylight was very clear. He then went quickly before the sun rose, taking al-Fadl b. ‘Abbas behind him, and came to the valley of Muhassir (Between al-Muzdalifa and Mini). He urged the camel a little and following the middle road which comes out at the greatest jamra (Jamra, originally a pebble, is applied to a heap of stones, of which there are three in the valley of Mina. One of the rites of the hajj is to throw small stones at them), he came to the jamra which is beside the tree. At this he threw seven small pebbles (Literally, 'pebbles that are thrown’: used to indicate small pebbles about the size of a date-stone), saying “God is most great” each time he threw a pebble. He threw them from the bottom of the valley, then went to the place of sacrifice and sacrificed sixty-three victims with his own hand. Then he gave some to ‘Ali who sacrificed the remainder, and he shared with him in his sacrificial animals. After that he ordered that a piece of flesh from each victim should be put in a pot, and when it was cooked the two of them ate some of it and drank some of its broth. Then God’s messenger mounted, and going quickly to the House, prayed the noon prayer in Mecca. He came to the B. ‘Abd al-Muttalib who were supplying water at Zamzam and said, “Draw water, B. ‘Abd al-Muttalib. Were it not that people would take from you the right to draw water, I would draw it along with you.” So they handed him a bucket and he drank from it. Muslim transmitted it.
عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَكَثَ بِالْمَدِينَةِ تِسْعَ سِنِينَ لَمْ يَحُجَّ ثُمَّ أَذَّنَ فِي النَّاسِ بالحجِّ فِي الْعَاشِرَةِ: أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَاجٌّ فَقَدِمَ الْمَدِينَةَ بَشَرٌ كَثِيرٌ فَخَرَجْنَا مَعَهُ حَتَّى إِذَا أَتَيْنَا ذَا الْحُلَيْفَةِ فَوَلَدَتْ أَسْمَاءُ بِنْتُ عُمَيْسٍ مُحَمَّدَ بْنَ أَبِي بَكْرٍ فَأَرْسَلَتْ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: كَيْفَ أصنعُ؟ قَالَ: «اغتسِلي واستثقري بِثَوْبٍ وَأَحْرِمِي» فَصَلَّى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي الْمَسْجِدِ ثُمَّ رَكِبَ الْقَصْوَاءَ حَتَّى إِذَا اسْتَوَتْ بِهِ نَاقَتُهُ عَلَى الْبَيْدَاءِ أَهَلَّ بِالتَّوْحِيدِ «لَبَّيْكَ اللَّهُمَّ لَبَّيْكَ لَبَّيْكَ لَا شَرِيكَ لَكَ لَبَّيْكَ إِنَّ الْحَمْدَ وَالنِّعْمَةَ لَكَ وَالْمُلْكَ لَا شَرِيكَ لَكَ» . قَالَ جَابِرٌ: لَسْنَا نَنْوِي إِلَّا الْحَجَّ لَسْنَا نَعْرِفُ الْعُمْرَةَ حَتَّى إِذَا أَتَيْنَا الْبَيْتَ مَعَهُ اسْتَلَمَ الرُّكْنَ فَطَافَ سَبْعًا فَرَمَلَ ثَلَاثًا وَمَشَى أَرْبَعًا ثُمَّ تَقَدَّمَ إِلَى مَقَامِ إِبْرَاهِيمَ فَقَرَأَ: (وَاتَّخِذُوا مِنْ مَقَامِ إِبراهيمَ مُصَلَّى) فَصَلَّى رَكْعَتَيْنِ فَجَعَلَ الْمَقَامَ بَيْنَهُ وَبَيْنَ الْبَيْتِ وَفِي رِوَايَةٍ: أَنَّهُ قَرَأَ فِي الرَّكْعَتَيْنِ: (قُلْ هوَ اللَّهُ أَحَدٌ و (قُلْ يَا أيُّها الكافِرونَ) ثُمَّ ...
  صَحِيح   (الألباني) حكم   :
Reference : Mishkat al-Masabih 2555
In-book reference : Book 10, Hadith 49
Al-Adab Al-Mufrad 120
'Umara ibn Ghurab reported that an aunt of his told him that she asked 'A'isha, Umm al-Mu'minin, "If a woman's husband desires her and she refuses to give herself to him either because she is angry or not eager, is there anything wrong in that?" "Yes," she replied. "Part of his right over you is that if he desires you when you are on a saddle, you must not refuse him." She said, "I also asked her, 'If one of us is menstruating and she and her husband only have a single cover, what should she do?' She replied, 'She should wrap her wrapper around her and sleep with him. He can have what is above it. I will tell you what the Prophet, may Allah bless him and grant him peace, did on one of his nights with me. I had cooked some barley and made loaf for him. He came in, stopped at the door, and then went into the mosque. When he wanted to sleep, he closed the door, tied up the waterskin, turned the cup over and put out the light. I waited for him and he ate the loaf. He did not go until I fell asleep. Later he felt the cold and came and got me up. "Warm me! Warm me!" he said. I said, "I am menstruating." He said, "Then uncover your thighs," so I uncovered my thighs and he put his cheek and head on my thighs until he was warm. Then a pet sheep belonging to our neighbour came in. I went and took the load away. I disturbed the Prophet, may Allah bless him and grant him peace, and he woke up, so I chased the sheep to the door. The Prophet, may Allah bless him and grant him peace, said, "Take what you got of your loaf and do not injure your neighbour's sheep."'"
حَدَّثَنَا عَبْدُ اللهِ بْنُ يَزِيدَ، قَالَ‏:‏ حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ زِيَادٍ قَالَ‏:‏ حَدَّثَنِي عُمَارَةُ بْنُ غُرَابٍ، أَنَّ عَمَّةً لَهُ حَدَّثَتْهُ، أَنَّهَا سَأَلَتْ عَائِشَةَ أُمَّ الْمُؤْمِنِينَ رَضِيَ اللَّهُ عَنْهَا، فَقَالَتْ‏:‏ إِنَّ زَوْجَ إِحْدَانَا يُرِيدُهَا فَتَمْنَعُهُ نَفْسَهَا، إِمَّا أَنْ تَكُونَ غَضَبَى أَوْ لَمْ تَكُنْ نَشِيطَةً، فَهَلْ عَلَيْنَا فِي ذَلِكَ مِنْ حَرَجٍ‏؟‏ قَالَتْ‏:‏ نَعَمْ، إِنَّ مِنْ حَقِّهِ عَلَيْكِ أَنْ لَوْ أَرَادَكِ وَأَنْتِ عَلَى قَتَبٍ لَمْ تَمْنَعِيهِ، قَالَتْ‏:‏ قُلْتُ لَهَا‏:‏ إِحْدَانَا تَحِيضُ، وَلَيْسَ لَهَا وَلِزَوْجِهَا إِلاَّ فِرَاشٌ وَاحِدٌ أَوْ لِحَافٌ وَاحِدٌ، فَكَيْفَ تَصْنَعُ‏؟‏ قَالَتْ‏:‏ لِتَشُدَّ عَلَيْهَا إِزَارَهَا ثُمَّ تَنَامُ مَعَهُ، فَلَهُ مَا فَوْقَ ذَلِكَ، مَعَ أَنِّي سَوْفَ أُخْبِرُكِ مَا صَنَعَ النَّبِيُّ صلى الله عليه وسلم‏:‏ إِنَّهُ كَانَ لَيْلَتِي مِنْهُ، فَطَحَنْتُ شَيْئًا مِنْ شَعِيرٍ، فَجَعَلْتُ لَهُ قُرْصًا، فَدَخَلَ فَرَدَّ الْبَابَ، وَدَخَلَ إِلَى الْمَسْجِدِ، وَكَانَ إِذَا أَرَادَ أَنْ يَنَامَ أَغْلَقَ الْبَابَ، وَأَوْكَأَ الْقِرْبَةَ، وَأَكْفَأَ الْقَدَحَ، وَأطْفَأَ الْمِصْبَاحَ، فَانْتَظَرْتُهُ أَنْ يَنْصَرِفَ فَأُطْعِمُهُ الْقُرْصَ، فَلَمْ يَنْصَرِفْ، حَتَّى غَلَبَنِي النَّوْمُ، وَأَوْجَعَهُ الْبَرْدُ، فَأَتَانِي فَأَقَامَنِي ثُمَّ قَالَ‏:‏ أَدْفِئِينِي أَدْفِئِينِي، فَقُلْتُ لَهُ‏:‏ إِنِّي حَائِضٌ، فَقَالَ‏:‏ ...
Reference : Al-Adab Al-Mufrad 120
In-book reference : Book 6, Hadith 20
English translation : Book 6, Hadith 120
Sunan Ibn Majah 3074
Ja’far bin Muhammad narrated that his father said:
“We entered upon Jabir bin ‘Abdullah, and when we reached him he asked about the people (i.e., what their names were, etc.). When he reached me, I said: ‘I am Muhammad bin ‘Ali bin Husain.’ He stretched forth his hand towards my head, and undid my top button, then undid my lower button. Then he placed his hand on my chest, and I was a young boy at that time. Then he said: ‘Welcome to you, ask whatever you want.’ So I asked him, and he was blind. The time for prayer came, so he stood up, wrapping himself in a woven cloth. Every time he put it on his shoulders, its edges came up, because it was too small. And his cloak was beside him on a hook. He led us in prayer, then he said: ‘Tell us about the Hajj of the Messenger of Allah (saw).’ He held up his hands, showing nine (fingers), and said: ‘The Messenger of Allah (saw) stayed for nine years without performing Hajj, then it was announced to the people in the tenth year that the Messenger of Allah (saw) was going for Hajj. So many people came to Al-Madinah, all of them seeking to follow the Messenger of Allah (saw) and do what he did. He set out and we set out with him, and we came to Dhul-Hulaifah where Asma’ bint ‘Umais gave birth to Muhammad bin Abu Bakr. She sent word to the Messenger of Allah (saw) asking what she should do. He said: “Perform Ghusl, fasten a cloth around your waist and enter Ihram.” The Messenger of Allah (saw) prayed in the mosque, then he rode Qaswa’ (his she-camel) until, when his she-camel arose with him upon Baida’,’ Jabir said: ‘As far as I could see, I saw people riding and walking in front of him, and I saw the same to his right and left, and behind him, and the Messenger of Allah (saw) was among us and Qur’an was being revealed to him, and he understood its meaning. Whatever he did, we did too. Then he began the Talbiyah of monotheism: “Labbaika Allahumma labbaik, labbaika la sharika laka labbaik. Innal-hamda wan-ni’mata laka wal-mulk, la sharika laka (Here I am, O Allah, here I am. Here I am, You have no partner, here I am. Verily all praise and blessings are Yours, and all sovereignty, You have no partner).” And the people repeated his words. And the Messenger of Allah (saw) approved of that. And the Messenger of Allah (saw) continued to recite the Talbiyah.’ Jabir said: ‘We did not intend (to do) anything but Hajj. We were not aware of ‘Umrah. Then when we reached the House with him, he touched the Corner, and walked quickly (Ramal) for three circuits and walked (normally) for four. Then he stood at the place of Ibrahim and said: “And take you (people) the place of Ibrahim as a place of prayer.” [2:125] He stood with the place between him and the House. My father used to say:* “And I do not think that he mentioned it other than from the Prophet (saw): ‘That he used to recite in those two Rak’ah (at the place of Ibrahim): “Say: ‘O you disbelievers!’” [Al-Kafirun (109)] and “Say: ‘He is Allah, (the) One.’” [Al-Ikhlas (112)] “Then he went back to the House and touched the Corner, then he went out through the gate to Safa. When he drew near to Safa he recited: “Verily, Safa and Marwah are among the symbols of Allah,” [2:158] (and said:) “We will start with that with which Allah started.” So he started with Safa and climbed it until he could see the House, then proclaimed the greatness of Allah (by saying: Allahu Akbar) and said Tahlil (La ilaha illallah) and praised Him (saying Al-Hamdulillah), and he said: “La ilaha illallah wahdahu la sharika lahu, lahul-mulku, wa lahul-hamdu, yuhyi wa yumit wa huwa ‘ala kulli shai’in Qadir. La ilaha illallah wahdahu, La sharika lahu anjaza wa’dahu, wa nasara ‘abduhu, wa hazamal-Ahzaba wahdahu (None has the right to be worshiped but Allah alone, with no partner or associate; His is the dominion, all praise is due to Him, He gives life and causes death and He is able to do all things. None has the right to be worshiped but Allah alone; He has no partner or associate, He fulfilled His promise, granted victory to His slave, and defeated the Confederates alone).” And he said that three times, supplication in between. Then he headed towards Marwah walking normally until, when he started to go downhill, he walked quickly (Ramal) in the bottom of the valley. When he started to go uphill, he walked normally, until he reached Marwah, and he did atop Marwah what he had done atop Safa. At the end of his Sa’y, atop Marwah he said: “If I had known before what I have come to know now, I would not have garlanded the sacrificial animal, and I would have made it ‘Umrah. Whoever among you does not have a sacrificial animal with him, let him exit Ihram and make it ‘Umrah.” So all the people exited Ihram and cut their hair, except the Prophet (saw) and those who had sacrificial animals with them. Suraqah bin Malik bin Ju’shum stood up and said: “O Messenger of Allah! Is this for this year only, or forever and ever?” The Messenger of Allah (saw) interlaced his fingers and said: “‘Umrah is included in Hajj like this,” twice. “No, it is forever and ever.” ‘Ali brought the camels of the Prophet (saw), and he found that Fatimah was one of those who had exited Ihram. She had put on a dyed garment and used kohl. ‘Ali disliked this action on her part, but she said: “My father told me to do this.” ‘Ali used to say in Iraq: “So I went to the Messenger of Allah (saw), feeling upset with Fatimah because of what she had done, to ask the Messenger of Allah (saw) about what she had said that he said, and that I had disliked that. He said: ‘She spoke the truth, she spoke the truth. What did you say when you began your Hajj?’” He said: “I said: ‘O Allah, I begin the Talbiyah for that for which your Messenger (saw) begins the Talbiyah.’ (He said:) ‘And I have the sacrificial animal with me, so do not exit Ihram.’ He said: “The total number of sacrificial animals that ‘Ali had brought from Yemen and that the Prophet (saw) brought from Al-Madinah were one hundred. Then all the people exited Ihram and cut their hair, apart from the Prophet (saw) and those who had sacrificial animals with them. When the day of Tarwiyah came (the 8th of Dhul-Hijjah), they headed for Mina and began the Talbiyah for Hajj. The Messenger of Allah (saw) rode. He prayed Zuhr, ‘Asr, Maghrib, ‘Isha’ and Fajr at Mina. Then he stayed for a short while until the sun rose, and he ordered that a tent of goat hair be pitched for him in Namirah. Then the Messenger of Allah (saw) set out, and the Quraish were certain that he was going to stay at Al-Mash’ar Haram or at Al-Muzdalifah, as Quraish used to do during the Ignorance days. But the Messenger of Allah (saw) continued until he came to ‘Arafat, where he found that the tent had been pitched for him in Namirah, and he stopped there. Then when the sun had passed its zenith, he called for Qaswa’ and she was saddled for him. He rode until he came to the bottom of the valley, and he addressed the people and said: ‘Your blood and your wealth are sacred to you, as sacred as this day of yours, in this month of yours, in this land of yours. Every matter of Ignorance days is abolished, beneath these two feet of mine. The blood feuds of the Ignorance days are abolished, and the first blood feud of Rabi’ah bin Harith, who was nursed among Banu Sa’d and killed by Hudhail. The usuries of Ignorance days are abolished, and the first usury (that I abolish) is our usury, the usury due to ‘Abbas bin ‘Abdul-Muttalib. It is all abolished. Fear Allah with regard to women, for you have taken them as a trust from Allah, and intimacy with them has become permissible to you through Allah’s Word. Your rights over them are that they should not allow anyone whom you dislike to sit on your bedding.** If they do that, then hit them, but in a manner that does not cause injury or leave a mark. Their rights over you are that you should provide for them and clothe them in a reasonable manner. I have left behind you something which, if you adhere to it, you will never go astray: the Book of Allah. You will be asked about me. What will you say?’ They said: ‘We bear witness that you have conveyed (the message) and fulfilled (your duty) and offered sincere advice.’ He gestured with his forefinger towards the sky and then towards the people, (and said:) ‘O Allah, bear witness, O Allah bear witness,’ three times. Then Bilal called the Adhan, then the Iqamah, and he prayed Zuhr. Then he made Iqamah and prayed ‘Asr, and he did not offer any prayer between them. Then the Messenger of Allah (saw) rode until he came to the place of standing, and he made his she-camel face Sakharat*** with the path in the sand in front of him, and he faced the Qiblah, then he remained standing until the sun had set and the afterglow had lessened somewhat, when the disk of the sun disappeared. Then he seated Usamah bin Zaid behind him and the Messenger of Allah (saw) set out. He pulled Qaswa’s reins tight until her head was touching the saddle, and he gestured with his right hand: ‘O people, calmly, calmly!’ Every time he came to a hill, he released the reins a little so that she could climb. Then he came to Muzdalifah where he prayed Maghrib and ‘Isha’ with one Adhan and two Iqamah, offering no prayer in between. Then the Messenger of Allah (saw) lay down until dawn came, and he prayed Fajr, when he saw that morning had come, with one Adhan and one Iqamah. Then he rode Qaswa’ until he came to Al-Mash’ar Al-Haram. He climbed it and praised Allah and proclaimed His greatness and that He is the only One worthy of worship. Then he remained standing until it had become quite bright, then he moved on before the sun rose. He seated Fadl bin ‘Abbas behind him, who was a man with lovely hair, white and handsome. When the Messenger of Allah (saw) moved on, he passed some women riding camels. Fadl started to look at them, so the Messenger of Allah (saw) put his hand on the other side. Fadl turned his face to the other side to look. When he came to Muhassir, he sped up a little. Then he followed the middle road that brings you out to the biggest Pillar, until he reached the Pillar that is by the tree. He threw seven pebbles, saying the Takbir with each throw, pebbles suitable for Khadhf (i.e., the size of a chickpea) throwing from the bottom of the valley. Then he went to the place of slaughter, and slaughtered sixty-three camels with his own hand. Then he handed it over to ‘Ali who slaughtered the rest, and he gave him a share in his sacrificial animal. Then he ordered that a piece from each camel be brought; (the pieces) were put in a pot and cooked, and they (the Prophet (saw) and ‘Ali) ate from the meat and drank from the soup. Then the Messenger of Allah (saw) hastened to the House, and prayed Zuhr in Makkah. He came to Banu ‘Abdul-Muttalib, who were providing water to the pilgrims at Zamzam, and said: ‘Draw me some water, O Banu ‘Abdul-Muttalib. Were it not that the people would overwhelm you, I would have drawn water with you.’ So they drew up a bucket for him and he drank from it.’”

* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”
حَدَّثَنَا هِشَامُ بْنُ عَمَّارٍ، حَدَّثَنَا حَاتِمُ بْنُ إِسْمَاعِيلَ، حَدَّثَنَا جَعْفَرُ بْنُ مُحَمَّدٍ، عَنْ أَبِيهِ، قَالَ دَخَلْنَا عَلَى جَابِرِ بْنِ عَبْدِ اللَّهِ فَلَمَّا انْتَهَيْنَا إِلَيْهِ سَأَلَ عَنِ الْقَوْمِ، حَتَّى انْتَهَى إِلَىَّ فَقُلْتُ أَنَا مُحَمَّدُ بْنُ عَلِيِّ بْنِ الْحُسَيْنِ، ‏.‏ فَأَهْوَى بِيَدِهِ إِلَى رَأْسِي فَحَلَّ زِرِّي الأَعْلَى ثُمَّ حَلَّ زِرِّي الأَسْفَلَ ثُمَّ وَضَعَ كَفَّهُ بَيْنَ ثَدْيَىَّ وَأَنَا يَوْمَئِذٍ غُلاَمٌ شَابٌّ فَقَالَ مَرْحَبًا بِكَ سَلْ عَمَّا شِئْتَ ‏.‏ فَسَأَلْتُهُ وَهُوَ أَعْمَى فَجَاءَ وَقْتُ الصَّلاَةِ فَقَامَ فِي نِسَاجَةٍ مُلْتَحِفًا بِهَا كُلَّمَا وَضَعَهَا عَلَى مَنْكِبَيْهِ رَجَعَ طَرَفَاهَا إِلَيْهِ مِنْ صِغَرِهَا وَرِدَاؤُهُ إِلَى جَانِبِهِ عَلَى الْمِشْجَبِ فَصَلَّى بِنَا فَقُلْتُ أَخْبِرْنَا عَنْ حَجَّةِ رَسُولِ اللَّهِ ـ صلى الله عليه وسلم ـ ‏.‏ فَقَالَ بِيَدِهِ فَعَقَدَ تِسْعًا وَقَالَ إِنَّ رَسُولَ اللَّهِ ـ صلى الله عليه وسلم ـ مَكَثَ تِسْعَ سِنِينَ لَمْ يَحُجَّ فَأَذَّنَ فِي النَّاسِ فِي الْعَاشِرَةِ أَنَّ رَسُولَ اللَّهِ ـ صلى الله عليه وسلم ـ حَاجٌّ فَقَدِمَ الْمَدِينَةَ بَشَرٌ كَثِيرٌ ...
Grade: Sahih (Darussalam)
Reference : Sunan Ibn Majah 3074
In-book reference : Book 25, Hadith 193
English translation : Vol. 4, Book 25, Hadith 3074
Bulugh al-Maram 742
Jabir bin 'Abdullah (RAA) narrated, ‘The Messenger of Allah (P.B.U.H.) performed Hajj (on the 10th year of Hijrah), and we set out with him (to perform Hajj). When we reached Dhul-Hulaifah, Asma` bint 'Umais gave birth to Muhammad Ibn Abi Bakr. She sent a message to the Prophet (P.B.U.H.) (asking him what she should do). He said, "Take a bath, bandage your private parts and make the intention for Ahram." The Prophet (P.B.U.H.) then prayed in the mosque and then mounted al-Qaswa (his she-camel) and it stood erect with him on its back at al-Baida’ (the place where he started his Ihram). He then started pronouncing the Talbiyuh, saying:
"Labbaika Allahumma labbaik labbaika la sharika laka labbaik, innal hamda wan-ni’mata laka wal mulk, la sharika lak (O Allah! I hasten to You. You have no partner. I hasten to You. All praise and grace is Yours and all Sovereignty too; You have no partner). When we came with him to the House (of Allah), he placed his hands on the Black Stone (Hajar al Aswad) and kis+sed it. He then started to make seven circuits (round the Ka’bah), doing ramal (trotting) in three of them and walking (at his normal pace) four other circuits. Then going to the place of Ibrahim (Maqam Ibrahim), there he prayed two rak'at. He then returned to the Black Stone (Hajar al Aswad) placed his hands on it and kissed it. Then he went out of the gate to Safa, and as he approached it, he recited: “Verily as-Safa and Marwah are among the signs appointed by Allah,"(2:158), adding, “I begin with what Allah began." He first mounted as-Safa until he saw the House, and facing the Qiblah he declared the Oneness of Allah and glorified Him and said: ‘La ilaha illa-llah wahdahu la sharika lahu, lahul mulk wa lahul hamd, wa huwa 'ala kulli shai’in qadeer, la ilaha illa-llahu wahdahu anjaza wa'dahu, wa nas ara 'abdahu, wa hazamal ahzaba wahdah’ (There is no God but Allah, He is One, and has no partner. His is the dominion, and His is the praise and He has Power over all things. There is no God but Allah alone, Who fulfilled His promise, helped His servant and defeated the confederates alone.") He said these words three times making supplications in between. He then descended and walked towards Marwah, and when his feet touched the bottom of the valley, he ran; and when he began to ascend, he walked (at his normal pace) until he reached Marwah. There he did as he had done at Safa…. When it was the day of Tarwiyah (8th of Dhul-Hijjah) they went to Mina and put on the Ihram for Hajj and the Messenger of Allah (P.B.U.H.) rode his mount, and there he led the Dhur (noon), ‘Asr (afternoon), Maghrib (sunset), ‘Isha and Fajr (dawn) prayers. He then waited a little until the sun had risen, and commanded that a tent be pitched at Namirah (close to Arafat). The Messenger of Allah (P.B.U.H.), continued on until he came to Arafah and he found that the tent had been pitched for him at Namirah. There he got down until the sun had passed its meridian; he commanded that al-Qaswa’ be brought and saddled for him, then he came to the bottom of the valley, and addressed the people with the well-known sermon Khutbat al-Wada (the Farewell Sermon). Then the Adhan was pronounced and later on the Iqamah and the Prophet led the Dhuhr (noon) prayer. Then another Iqamah was pronounced and the Prophet led the Asr (afternoon) prayer and he observed no other prayer in between the two. The Messenger of Allah then mounted his camel and came to the place where he was to stay. He made his she-camel, al-Qaswa turn towards the rocky side, with the pedestrian path lying in front of him. He faced the Qiblah, and stood there until the sun set, and the yellow light diminished somewhat, and the disc of the sun totally disappeared. He pulled the nose string of al-Qaswa’ so forcefully that its head touched the saddle (in order to keep her under perfect control), and pointing with his right hand, advised the people to be moderate (in speed) saying: “O people! Calmness! Calmness!" Whenever he passed over an elevated tract of land, he slightly loosened the nose-string of his camel until she climbed up. This is how he reached al-Muzdalifah. There he led the Maghrib (sunset) and Isha prayers with one Adhan, and two lqamas, and did not pray any optional prayers in between them. The Messenger of Allah then lay down until dawn and then offered the Fajr (dawn) prayer with an Adhan and an Iqamah when the morning light was clear. He again mounted al-Qaswa’, and when he came to Al-Mash‘ar Al-Haram (The Sanctuary Landmark, which is a small mountain at al-Muzdalifah) he faced the Qiblah, and supplicated to Allah, Glorified Him, and pronounced His Uniqueness and Oneness, and kept standing until the daylight was very clear. Then he set off quickly before the sun rose, until he came to the bottom of the valley of Muhassir where he urged her (al·Qaswa’) a little. He followed the middle road, which comes out at the greatest Jamarah (one of the three stoning sites called Jamrat-ul ‘Aqabah), he came to Jamarah which is near the tree. At this he threw seven small pebbles, saying, Allahu Akbar` while throwing each of them in a manner in which small pebbles are thrown (holding them with his fingers) and this he did while at the bottom of the valley. He then went to the Place of sacrifice, and sacrificed sixty-three (camels) with his own hand (he brought 100 camels with him and he asked ’Ali to sacrifice the rest). The Messenger of Allah again rode and came to the House (of Allah), where he performed Tawaf al-Ifada and offered the Dhuhr prayer at Makkah….’ Muslim transmitted this hadith through a very long narration describing the full details of the Hajj of the Prophet
وَعَنْ جَابِرِ بْنِ عَبْدِ اَللَّهِ رَضِيَ اَللَّهُ عَنْهُمَا: { أَنَّ رَسُولَ اَللَّهِ ‏- صلى الله عليه وسلم ‏-حَجَّ, فَخَرَجْنَا مَعَهُ, حَتَّى أَتَيْنَا ذَا الْحُلَيْفَةِ, فَوَلَدَتْ أَسْمَاءُ بِنْتُ عُمَيْسٍ, فَقَالَ: " اِغْتَسِلِي وَاسْتَثْفِرِي بِثَوْبٍ, وَأَحْرِمِي " وَصَلَّى رَسُولُ اَللَّهِ ‏- صلى الله عليه وسلم ‏-فِي اَلْمَسْجِدِ, ثُمَّ رَكِبَ اَلْقَصْوَاءَ 1‏ حَتَّى إِذَا اِسْتَوَتْ بِهِ عَلَى اَلْبَيْدَاءِ أَهَلَّ بِالتَّوْحِيدِ: " لَبَّيْكَ اَللَّهُمَّ لَبَّيْكَ, لَبَّيْكَ لَا شَرِيكَ لَكَ لَبَّيْكَ, إِنَّ اَلْحَمْدَ وَالنِّعْمَةَ لَكَ وَالْمُلْكَ, لَا شَرِيكَ لَكَ ".‏ حَتَّى إِذَا أَتَيْنَا اَلْبَيْتَ اِسْتَلَمَ اَلرُّكْنَ, فَرَمَلَ ثَلَاثًا وَمَشَى أَرْبَعًا, ثُمَّ أَتَى مَقَامَ إِبْرَاهِيمَ فَصَلَّى, ثُمَّ رَجَعَ إِلَى اَلرُّكْنِ فَاسْتَلَمَهُ.‏ ثُمَّ خَرَجَ مِنَ اَلْبَابِ إِلَى اَلصَّفَا, فَلَمَّا دَنَا مِنَ اَلصَّفَا قَرَأَ: " إِنَّ اَلصَّفَا وَاَلْمَرْوَةَ مِنْ شَعَائِرِ اَللَّهِ " " أَبْدَأُ بِمَا بَدَأَ اَللَّهُ بِهِ " فَرَقِيَ اَلصَّفَا, حَتَّى رَأَى اَلْبَيْتَ, فَاسْتَقْبَلَ اَلْقِبْلَةَ 2‏ فَوَحَّدَ اَللَّهَ وَكَبَّرَهُ وَقَالَ: " لَا إِلَهَ إِلَّا اَللَّهُ وَحْدَهُ لَا شَرِيكَ لَهُ, لَهُ اَلْمُلْكُ, وَلَهُ اَلْحَمْدُ, وَهُوَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ, لَا إِلَهَ إِلَّا اَللَّهُ [ وَحْدَهُ ] 3‏ أَنْجَزَ وَعْدَهُ, وَنَصَرَ عَبْدَهُ, وَهَزَمَ اَلْأَحْزَابَ وَحْدَهُ ".‏ ثُمَّ دَعَا بَيْنَ ذَلِكَ ...
Reference : Bulugh al-Maram 742
In-book reference : Book 6, Hadith 35
English translation : Book 6, Hadith 761