the Messenger of Allah (saws) prohibited selling the Wala' and [from] conferring it.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. We do not know of it except as a narration of 'Abdullah bin Dinar from Ibn 'Umar from the Prophet (saws). Shu'bah, Sufyan Ath-Thawri, and Malik bin Anas (also) reported it from 'Abdullah bin Dinar. It has been related that Shu'bah said: "I so wished that 'Abdullah bin Dinar would permit me when he narrated this Hadith that I stand-up, so that I kiss his head." And Yahya bin Sulaim reported this Hadith from 'Ubaidullah bin 'Umar from Nafi', from Ibn 'Umar from the Prophet (saws). But this is mistaken, Yahya bin Sulaim erred in it, what is correct is: "From 'Ubaidullah bin 'Umar, from 'Abdullah bin Dinar, from Ibn 'Umar from the Prophet (saws). This is how it is reported by more than one narrator from 'Ubaidullah bin 'Umar.

[Abu 'Eisa said:] And 'Abdullah bin Dinar is alone with this Hadith.

That Najdah Al-Haruri wrote to Ibn 'Abbas asking if the Messenger of Allah (saws) would fight along with women, and if he would fix a share of the spoils of war for them. Ibn 'Abbas wrote to him: "You wrote to me asking me if the Messenger of Allah (saws) would fight along with women. He did fight along with them, as they would treat the wounded. They received something from the spoils of war, but as for their share, then he did not fix a share for them."

There is something on this topic from Anas and Umm 'Atiyyah.

This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge. It is the view of Sufyan Ath-Thawri and Ash-Shafi'i. Some of them said that a share is given to the woman and the boy, and this is the view of Al-Awza'i.

Al-Awza'i said: The Prophet (saws) gave a portion to the boys at Khaibar, and the Aimmah of the Muslims gave a portion to every child born in the land of war." Al-Awza'i said: "The Prophet (saws) gave a portion to the women at Khaibar, and that was followed by the Muslims after him." This was narrated to us by 'Ali bin Khashram (who said): "'Eisa bin Yunus narrated this to us from Al-Awza'i."

The meaning of his saying: "They received something from the spoils of war" it is said that he conferred something on them (the women) from the spoils of war.

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which ...

For the whole year I had the desire to ask `Umar bin Al-Khattab regarding the explanation of a Verse (in Surat Al-Tahrim) but I could not ask him because I respected him very much. When he went to perform the Hajj, I too went along with him. On our return, while we were still on the way home. `Umar went aside to answer the call of nature by the Arak trees. I waited till he finished and then I proceeded with him and asked him. "O chief of the Believers! Who were the two wives of the Prophet who aided one another against him?" He said, "They were Hafsa and `Aisha." Then I said to him, "By Allah, I wanted to ask you about this a year ago, but I could not do so owing to my respect for you." `Umar said, "Do not refrain from asking me. If you think that I have knowledge (about a certain matter), ask me; and if I know (something about it), I will tell you." Then `Umar added, "By Allah, in the Pre-lslamic Period of Ignorance we did not pay attention to women until Allah revealed regarding them what He revealed regarding them and assigned for them what He has assigned. Once while I was thinking over a certain matter, my wife said, "I recommend that you do so-and-so." I said to her, "What have you got to do with the is matter? Why do you poke your nose in a matter which I want to see fulfilled.?" She said, How strange you are, O son of Al-Khattab! You don't want to be argued with whereas your daughter, Hafsa surely, argues with Allah's Apostle so much that he remains angry for a full day!" `Umar then reported; how he at once put on his outer garment and went to Hafsa and said to her, "O my daughter! Do you argue with Allah's Apostle so that he remains angry the whole day?" H. afsa said, "By Allah, we argue with him." `Umar said, "Know that I warn you of Allah's punishment and the anger of Allah's Apostle . . . O my daughter! Don't be betrayed by the one who is proud of her beauty because of the love of Allah's Apostle for her (i.e. `Aisha)." `Umar addled, "Then I went out to Um Salama's house who was one of my relatives, and I talked to her. She said, O son of Al-Khattab! It is rather astonishing that you interfere in everything; you even want to interfere between Allah's Apostle and his wives!' By Allah, by her talk she influenced me so much that I lost some of my anger. I left her (and went home). At that time I had a friend from the Ansar who used to bring news (from the Prophet) in case of my absence, and I used ...

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

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

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

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

That he differed with Al-Hur bin Qais Al-Fazari regarding the companion of Moses. Ibn `Abbas said that he was Al-Khadir. Meanwhile Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him?" He said, "Yes, I heard Allah's Apostle saying, 'While Moses was sitting in the company of some Israelites, a man came and asked (him), 'Do you know anyone who is more learned than you?' Moses replied, 'No.' So, Allah sent the Divine Inspiration to Moses: 'Yes, Our slave, Khadir (is more learned than you).' Moses asked how to meet him (i.e. Khadir). So, the fish, was made, as a sign for him, and he was told that when the fish was lost, he should return and there he would meet him. So, Moses went on looking for the sign of the fish in the sea. The servant boy of Moses said to him, 'Do you know that when we were sitting by the side of the rock, I forgot the fish, and t was only Satan who made me forget to tell (you) about it.' Moses said, That was what we were seeking after,' and both of them returned, following their footmarks and found Khadir; and what happened further to them, is mentioned in Allah's Book."

I heard the Messenger of Allah (saws) saying (the version of Sulayman has: The Messenger of Allah (saws) used to say) after his prayer:-

"O Allah, our Lord and Lord of everything, I bear witness that Thou art the Lord alone Who hast no partner; O Allah, Our Lord and Lord of everything, I bear witness that Muhammad is Thy servant and Thy apostle ; O Allah, our Lord and Lord of everything, I bear witness that all the servants are brethren; O Allah, our Lord and Lord of everything make me sincere to Thee, and my family too at every moment, in this world and in the world hereafter, O Possessor of glory and honour, listen to me and answer. Allah is incomparably great. O Allah, Light of the heavens and of the earth".

The narrator Sulaiman b. Dawud said: "Lord of the heavens and of the earth, Allah is incomparably great. Allah is sufficient for me; and the excellent guardian is He; Allah is incomparably great.

I was present with the Messenger of Allah at the battle of Hunayn. We travelled on a hot day when the heat was extreme. We halted under the shade of a tree. When the sun passed the meridian, I put on my coat of mail and rode on my horse. I came to the Messenger of Allah (saws) who was in a tent.

I said: Peace, Allah's mercy and His blessings be upon you! The time of departure has come.

He said: Yes. He then said: Rise, Bilal. He jumped out from beneath a gum-acacia tree and its shade was like that of a bird.

He said: I am at your service and at your pleasure, and I make myself a sacrifice for you.

He said: Put the saddle on the horse for me. He then took out a saddle, both sides of which were stuffed with palm-leaves; it showed no arrogance and pride. So he rode and we also rode. He then mentioned the rest of the tradition.

Abu Dawud said: Abu 'Abd al-Rahman al-Fihri did not transmit any tradition except this one. This is a tradition of an expert transmitted by Hammad b. Salamah.

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

I heard `Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta a to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property . So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle, said, "Hatib has told you the truth." `Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”

Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”

Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”

Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

I heard the Messenger of Allah (saws) say: If I drink an antidote, or tie an amulet, or compose poetry, I am the type who does not care what he does.

Abu Dawud said: THis was peculiar to the Prophet (saws), but some people have allowed to use it, i.e. antidote.

Marwan had been appointed as the governor of Hijaz by Muawiya. He delivered a sermon and mentioned Yazid bin Muawiya so that the people might take the oath of allegiance to him as the successor of his father (Muawiya). Then `Abdur Rahman bin Abu Bakr told him something whereupon Marwan ordered that he be arrested. But `Abdur-Rahman entered `Aisha's house and they could not arrest him. Marwan said, "It is he (`AbdurRahman) about whom Allah revealed this Verse:-- 'And the one who says to his parents: 'Fie on you! Do you hold out the promise to me..?'" On that, `Aisha said from behind a screen, "Allah did not reveal anything from the Qur'an about us except what was connected with the declaration of my innocence (of the slander).

The Prophet said, "Whoever slaughtered the sacrifice before the `Id prayer, should repeat it (slaughter another one)." A man said "This is the day on which meat is desired." Then he mentioned the need of his neighbors (for meat) and the Prophet seemed to accept his excuse. The man said, "I have a Jadha'a which is to me better than two sheep." The Prophet allowed him (to slaughter it as a sacrifice). But I do not know whether this permission was general for all Muslims or not. The Prophet then went towards two rams and slaughtered them, and the people went towards their sheep and slaughtered them.

Abu Musa was asked regarding (the inheritance of) a daughter, a son's daughter, and a sister. He said, "The daughter will take one-half and the sister will take one-half. If you go to Ibn Mas`ud, he will tell you the same." Ibn Mas`ud was asked and was told of Abu Musa's verdict. Ibn Mas`ud then said, "If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I will give in this case, will be the same as the Prophet did, i.e. one-half is for daughter, and one-sixth for the son's daughter, i.e. both shares make two-thirds of the total property; and the rest is for the sister." Afterwards we cams to Abu Musa and informed him of Ibn Mas`ud's verdict, whereupon he said, "So, do not ask me for verdicts, as long as this learned man is among you."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Abu Musa al-Ashari came to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and said to her, "The disagreement of the companions in a matter which I hate to bring before you has distressed me." She said, "What is that? You did not ask your mother about it, so ask me." He said, "A man penetrates his wife, but becomes listless and does not ejaculate. "She said, "When the circumcised part passes the circumcised part ghusl is obligatory." Abu Musa added, "I shall never ask anyone about this after you."

Yahya related to me from Malik from Ibn Shihab from Hunayd ibn Abd arRahman ibn Awf from Abu Hurayra that a man broke the fast in Ramadan and the Messenger of Allah, may Allah bless him and grant him peace, ordered him to make kaffara by freeing a slave, or fasting two consecutive months, or feeding sixty poor people, and he said, "I can't do it." Someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Take this and give it away as sadaqa." He said, "Messenger of Allah, there is no-ne more needy than I am." The Messenger of Allah, may Allah bless him and grant him peace, laughed until his eye-teeth appeared, and then he said, "Eat them."

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

When the news of the death of Abu Sufyan reached from Sham, Um Habiba on the third day, asked for a yellow perfume and scented her cheeks and forearms and said, "No doubt, I would not have been in need of this, had I not heard the Prophet saying: "It is not legal for a woman who believes in Allah and the Last Day to mourn for more than three days for any dead person except her husband, for whom she should mourn for four months and ten days."

"My father had me married so he invited people, and Safwan bin Umayyah was among them. So he said: 'Indeed the Messenger of Allah (saws) said: 'Bite the meat (with your teeth) for indeed it is more enjoyable and more wholesome.

He said: There are narration on this topic from 'Aishah and Abu Hurairah.

[Abu 'Eisa said:] We do not know of this Hadith except through the narration of 'Abdul-Karim. Some of the people of knowledge have criticized 'Abdul-Karim Al-Mu'allim because of his memory, Ayyub As-Sakhtiyani was among them.

The mu'adhdhin of Ibn Umar said: prayer (i.e. the time of prayer has come). He said: Go ahead. He then alighted before the disappearance. He then offered the night prayer. He then said: When the Messenger of Allah (saws) was in a hurry about something, he would do as I did. Then he travelled and covered a distance of three days' journey on the day.

Abu Dawud said: A similar tradition has been transmitted by Ibn Jabir from Nafi' with the same chain.

That the Prophet (saws), "There is no person who dies having good (prepared for him) with Allah, who wishes to return to the world, and to have the world and all it contains, except for the martyr because of what he knows about the virtue of martyrdom. For, indeed he loves to return to the world so that he may be killed another time."

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

Ibn 'Umar said: "Sufyan bin 'Uyainah said: "Amr bin Dinar was older than Az-Zuhri.'"

I went along with the Prophet to Khaibar so as to serve him. (Later on) when the Prophet returned he, on seeing the Uhud mountain, said, "This is a mountain that loves us and is loved by us." Then he pointed to Medina with his hand saying, "O Allah! I make the area which is in between Medina's two mountains a sanctuary, as Abraham made Mecca a sanctuary. O Allah! Bless us in our Sa` and Mudd (i.e. units of measuring)."

The Prophet sent `Ali to Khalid to bring the Khumus (of the booty) and I hated `Ali, and `Ali had taken a bath (after a sexual act with a slave-girl from the Khumus). I said to Khalid, "Don't you see this (i.e. `Ali)?" When we reached the Prophet I mentioned that to him. He said, "O Buraida! Do you hate `Ali?" I said, "Yes." He said, "Do you hate him, for he deserves more than that from the Khumlus."

Abu Dawud said: This tradition according to us is false.

Abu Dawud said: Sa'id b. al-Musayyab used to hoard kernel, fodder, and seeds.

Abu Dawud said: I heard Ahmad b. Yunus say: I asked Sufyan about hoarding fodder. He replied: They (the people in the past) disapproved of hoarding. I asked Abu Bakr b. 'Ayyash (about it). He replied: Hoard it.