Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Abu Dawud said: This is also transmitted by Shu'bah from Husain on the authority of Abu Malik. He said: I heard 'Ammar saying so him his speech, except that in this version he added the words: "He blew." And Husain b. Muhammad narrated from Shu'bah on the authority of al-Hakam and in this version added the words:"He (the Prophet) struck the earth with his plans and blew."

I was sleeping in the mosque on a cloak mine whose price was thirty dirhams. A man came and pinched it away from me. The man was seized and brought to the Messenger of Allah (saws). He ordered that his hand should be cut off. I came to him and said: Do you cut off only for thirty dirhams ? I sell it to him and make the payment of its price a loan ? He said: Why did you not do so before bringing him to me ?

Abu Dawud said: Za'idah has also transmitted it from Simak from Ju'ayd ibn Hujayr. He said: Safwan slept. Mujahid and Tawus said: While he was sleeping a thief came and stole the cloak from beneath his head. The version of AbuSalamah ibn AbdurRahman has: He snatched it away from beneath his head and he awoke. He cried and he (the thief) was seized. Az-Zuhri narrated from Safwan ibn Abdullah. His version has: He slept in the mosque and used his cloak as pillow. A thief came and took his cloak. The thief was seized and brought to the Prophet (saws).

A similar tradition (to No. 5061) has been transmitted by Muslim ibn al-Harith ibn Muslim at-Tamimi on the authority of his father from the Prophet (saws) through a different chain of narrators, up to "protection from it".

But this version says: "before speaking to anyone". In this version Ali ibn Sahl said that his father told him.

Ali and Ibn al-Musaffa said: The Messenger of Allah (saws) sent us on an expedition. When we reached the place of attack, I galloped my horse and outstripped my companions, and the people of that locality received me with a great noise.

I said to them: Say "There is no god but Allah," and you will be protected. They said this.

My companions blamed me, saying: You deprived us of the booty. When we came to the Messenger of Allah (saws), they told him what I had done.

So he called me, appreciating what I had done, and said: Allah has recorded for you so and so (a reward) for every man of them.

AbdurRahman said: I forgot the reward. The Messenger of Allah (saws) then said: I shall write a will for you after me. He did this and stamped it, and gave it to me, saying....He then mentioned the rest of the tradition to the same effect. Ibn al-Musaffa said: I heard al-Harith ibn Muslim ibn al-Harith at-Tamimi transmitting it from his father.

AbuImran said: We went out on an expedition from Medina with the intention of (attacking) Constantinople. AbdurRahman ibn Khalid ibn al-Walid was the leader of the company. The Romans were just keeping their backs to the walls of the city. A man (suddenly) attacked the enemy.

Thereupon the people said: Stop! Stop! There is no god but Allah. He is putting himself into danger.

AbuAyyub said: This verse was revealed about us, the group of the Ansar (the Helpers). When Allah helped His Prophet (saws) and gave Islam dominance, we said (i.e. thought): Come on! Let us stay in our property and improve it.

Thereupon Allah, the Exalted, revealed, "And spend of your substance in the cause of Allah, and make not your hands contribute to (your destruction)". To put oneself into danger means that we stay in our property and commit ourselves to its improvement, and abandon fighting (i.e. jihad).

AbuImran said: AbuAyyub continued to strive in the cause of Allah until he (died and) was buried in Constantinople.

Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (saws). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (saws) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (saws) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (saws) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.

I had a sexual dream on a cold night in the battle of Dhat as-Salasil. I was afraid, if I washed I would die. I, therefore, performed tayammum and led my companions in the dawn prayer. They mentioned that to the Messenger of Allah (saws). He said: Amr, you led your companions is prayer while you were sexually defiled? I informed him of the cause which impeded me from washing. And I said: I heard Allah say: "Do not kill yourself, verily Allah is merciful to you." The Messenger of Allah (saws) laughed and did not say anything.

Abu Dawud said: 'Abd al-Rahman b. Jubair is an Egyptian and a freed slave of Kharijah b. Hudhafah. He is not Jubair b. Nufair

Abu Dawud said: This tradition has also been transmitted by Hashim bin al-Qasim from Muhammad b. 'Adb Allah al-'Ammi from Thabit on the authority of Anas from Prophet (saws) to the same effect.

Abu Dawud said: The tradition of Hammad (i.e. 'Abd al-Rahman's version) is sounder.

`Ikrima bin Khalid asked Ibn `Umar about performing `Umra before Hajj. Ibn `Umar replied, "There is no harm in it." `Ikrima said, "Ibn `Umar also said, 'The Prophet had performed `Umra before performing Hajj.'"

Narrated `Ikrima bin Khalid:

"I asked Ibn `Umar the same (as above)."

Ibn Az-Zubair said to Ibn Ja`far "Do you remember when I, you and Ibn `Abbas went out to receive Allah's Apostle?" Ibn Ja`far replied in the affirmative. Ibn Az-Zubair added, "And Allah's Apostle made us (i.e. I and Ibn `Abbas) ride along with him and left you."

Ibn 'Umar was once told that Said bin Zaid bin 'Amr bin Nufail, one of the Badr warriors, had fallen ill on a Friday. Ibn 'Umar rode to him late in the forenoon. The time of the Friday prayer approached and Ibn 'Umar did not take part in the Friday prayer.

The freed slave of Usama bin Zaid said,

"Al-Hajjaj bin Aiman bin Um Aiman and Aiman Ibn Um Aiman was Usama's brother from the maternal side, and he was one of the Ansar. He was seen by Ibn 'Umar not performing his bowing and prostrations in a perfect manner. So Ibn 'Umar told him to repeat his prayer.

`Abdullah bin Sahl and Muhaiyisa bin Mas`ud bin Zaid went to Khaibar when it had a peace treaty (with the Muslims).

Al-Hajjaj went to Ibn `Umar while I was present there. Al-Hajjaj asked Ibn `Umar, "How are you?" Ibn `Umar replied, "I am all right," Al-Hajjaj asked, "Who wounded you?" Ibn `Umar replied, "The person who allowed arms to be carried on the day on which it was forbidden to carry them (he meant Al-Hajjaj)."

Ibn `Umar said: "I divorced my wife while she was menstruating. `Umar mentioned that to the Prophet . The Prophet said, (to my father), "Let your son take her back." I asked (Ibn `Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn `Umar said, "Of course." Narrated Yunus bin Jubair: Ibn `Umar said, "The Prophet said to `Umar, 'Order him (Ibn `Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn `Umar said, "What do you think if someone becomes helpless and foolish?"

Harmala, the freed slave of Usama bin Zaid said

that while he was in the company of 'Abdullah bin 'Umar, Al-Hajjaj bin Aiman came in and (while praying) he did not perform his bowing and prostrations properly. So Ibn 'Umar told him to repeat his prayer. When he went away, Ibn 'Umar asked me, "Who is he?" I said, "Al-Hajjaj bin Um Aiman." Ibn 'Umar said, "If Allah's Apostle saw him, he would have loved him." Then Ibn 'Umar mentioned the love of the Prophet for the children of Um Aiman. Sulaiman said that Um Aiman was one of the nurses of the Prophet.

Some people said to Ibn `Umar, "When we enter upon our ruler(s) we say in their praise what is contrary to what we say when we leave them." Ibn `Umar said, "We used to consider this as hypocrisy."

When it was the day (of the battle) of Al-Harra the people were giving Pledge of allegiance to `Abdullah bin Hanzala. Ibn Zaid said, "For what are the people giving Pledge of allegiance to `Abdullah bin Hanzala?" It was said to him, "For death." Ibn Zaid said, "I will never give the Pledge of allegiance for that to anybody else after Allah's Apostle ." Ibn Zaid was one of those who had witnessed the day of Al-Hudaibiya with the Prophet.

Allah's Apostle said, "`Amr bin Luhai bin Qam'a bin Khindif was the father of Khuza`a.'

The daughter of Abi Umaiyya, was the wife of 'Umar bin Al-Khattab. 'Umar divorced her and then Mu'awiyya bin Abi Sufyan married her. Similarly, Um Al-Hakam, the daughter of Abi Sufyan was the wife of 'Iyad bin Ghanm Al-Fihri. He divorced her and then 'Abdullah bin 'Uthman Al-Thaqafi married her.

`Abdullah bin Masud was mentioned before `Abdullah bin `Amr who said, "That is a man I still love, as I heard the Prophet saying 'Learn the recitation of Qur'an from four from `Abdullah bin Mas`ud -- he started with him--Salim, the freed slave of Abu Hudaifa, Mu`adh bin Jabal and Ubai bin Ka`b."

The Verse: "Obey Allah and Obey the Apostle and those of you (Muslims) who are in authority." (4.59) was revealed in connection with `Abdullah bin Hudhafa bin Qais bin `Adi' when the Prophet appointed him as the commander of a Sariyya (army detachment).

I asked Anas bin Malik: "Who collected the Qur'an at the time of the Prophet ?" He replied, "Four, all of whom were from the Ansar: Ubai bin Ka`b, Mu`adh bin Jabal, Zaid bin Thabit and Abu Zaid."