The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

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 to bring him the news if he was absent. In those days we were afraid of one of the kings of Ghassan tribe. We heard that he intended to move and attack us, so fear filled our hearts because of that. (One day) my Ansari friend unexpectedly knocked at my door, and said, "Open Open!' I said, 'Has the king of Ghassan come?' He said, 'No, but something worse; Allah's Apostle has isolated himself from his wives.' I said, 'Let the nose of `Aisha and Hafsa be stuck to dust (i.e. humiliated)!' Then I put on my clothes and went to Allah's Apostle's residence, and behold, he was staying in an upper room of his to which he ascended by a ladder, and a black slave of Allah's Apostle was (sitting) on the first step. I said to him, 'Say (to the Prophet ) `Umar bin Al-Khattab is here.' Then the Prophet admitted me and I narrated the story to Allah's Apostle. When I reached the story of Um Salama, Allah's Apostle smiled while he was lying on a mat made of palm tree leaves with nothing between him and the mat. Underneath his head there was a leather pillow stuffed with palm fibres, and leaves of a saut tree were piled at his feet, and above his head hung a few water skins. On seeing the marks of the mat imprinted on his side, I wept. He said.' 'Why are you weeping?' I replied, "O Allah's Apostle! Caesar and Khosrau are leading the life (i.e. Luxurious life) while you, Allah's Apostle though you are, is living in destitute". The Prophet then replied. 'Won't you be satisfied that they enjoy this world and we the Hereafter?' "

'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (saws) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (saws) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (saws) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (saws) died, Abu Bakr said: I am the protector of the Messenger of Allah (saws). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (saws) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (saws) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (saws) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.

Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (saws) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

A man came to the Prophet (saws) and said: How do you fast, Messenger of Allah? The Messenger of Allah (saws) became angry at what he said.

When Umar observed this (his anger), he said: We are satisfied with Allah as Lord, with Islam as religion, and with Muhammad as Prophet. We seek refuge in Allah from the anger of Allah, and from the anger of His Apostle. Umar continued to repeat these words till his anger cooled down. He then asked: Messenger of Allah, what is the position of one who observes a perpetual fast?

He replied: May he not fast or break his fast. Musaddad said in his version: He has neither fasted nor broken his fast. The narrator, Ghaylan, doubted the actual wordings.

He asked: What is the position of one who fasts two days and does not fast one day?

He said: Is anyone able to do that? He asked: What is the position of one who fasts every second day (i.e. fasts one day and does not fasts the next day)?

He (the Prophet) said: This is the fast that David observed.

He asked: Messenger of Allah, what is the position of one who fasts one day and breaks it for two days? He replied: I wish I were given the power to observe that. Then the Messenger of Allah (saws) said: The observance of three days' fast every month and of one Ramadan to the other (i.e. the fast of Ramadan every year) is (equivalent to) a perpetual fast. I seek from Allah that fasting on the day of Arafah may atone for the sins of the preceding and the coming year, and I seek from Allah that fasting on the day of Ashura' may atone for the sins of the preceding year.

(whose narrations attest each other) Allah's Apostle set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, "Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right." By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet went on advancing till he reached the Thaniya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, "Al-Qaswa' (i.e. the she-camel's name) has become stubborn! Al-Qaswa' has become stubborn!" The Prophet said, "Al-Qaswa' has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he said, "By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them." The Prophet then rebuked the she-camel and she got up. The Prophet changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah's Apostle; of thirst. The Prophet took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa-al- Khuza`i came with some persons from his tribe Khuza`a and they were the advisers of Allah's Apostle who would keep no secret from him and were from the people of Tihama. Budail said, "I left Ka`b bin Luai and 'Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka`ba." Allah's Apostle said, "We have not come to fight anyone, but to perform the `Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the 'Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious." Budail said, "I will inform them of what you have said." So, he set off till he reached Quraish and said, "We have come from that man (i.e. Muhammad) whom we heard saying something which we will disclose to you if you should like." Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, "Relate what you heard him saying." Budail said, "I heard him saying so-and-so," relating what the Prophet had told him. `Urwa bin Mas`ud got up and said, "O people! Aren't you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Don't you know that I invited the people of `Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e. the Prophet) has offered you a reasonable proposal, you'd better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet and started talking to him. The Prophet told him almost the same as he had told Budail. Then `Urwa said, "O Muhammad! Won't you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone." Hearing that, Abu Bakr abused him and said, "Do you say we would run and leave the Prophet alone?" `Urwa said, "Who is that man?" They said, "He is Abu Bakr." `Urwa said to Abu Bakr, "By Him in Whose Hands my life is, were it not for the favor which you did to me and which I did not compensate, I would retort on you." `Urwa kept on talking to the Prophet and seizing the Prophet's beard as he was talking while Al-Mughira bin Shu`ba was standing near the head of the Prophet, holding a sword and wearing a helmet. Whenever `Urwa stretched his hand towards the beard of the Prophet, Al-Mughira would hit his hand with the handle of the sword and say (to `Urwa), "Remove your hand from the beard of Allah's Apostle." `Urwa raised his head and asked, "Who is that?" The people said, "He is Al-Mughira bin Shu`ba." `Urwa said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islam Al-Mughira was in the company of some people. He killed them and took their property and came (to Medina) to embrace Islam. The Prophet said (to him, "As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason). `Urwa then started looking at the Companions of the Prophet. By Allah, whenever Allah's Apostle spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. `Urwa returned to his people and said, "O people! By Allah, I have been to the kings and to Caesar, Khosrau and An- Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect." `Urwa added, "No doubt, he has presented to you a good reasonable offer, so please accept it." A man from the tribe of Bani Kinana said, "Allow me to go to him," and they allowed him, and when he approached the Prophet and his companions, Allah's Apostle said, "He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him." So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Ka`ba." When he returned to his people, he said, 'I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka`ba." Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad, and they allowed him, too. When he approached the Muslims, the Prophet said, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet and as he was talking, Suhail bin `Amr came. When Suhail bin `Amr came, the Prophet said, "Now the matter has become easy." Suhail said to the Prophet "Please conclude a peace treaty with us." So, the Prophet called the clerk and said to him, "Write: By the Name of Allah, the most Beneficent, the most Merciful." Suhail said, "As for 'Beneficent,' by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously." The Muslims said, "By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful." The Prophet said, "Write: By Your Name O Allah." Then he dictated, "This is the peace treaty which Muhammad, Allah's Apostle has concluded." Suhail said, "By Allah, if we knew that you are Allah's Apostle we would not prevent you from visiting the Ka`ba, and would not fight with you. So, write: "Muhammad bin `Abdullah." The Prophet said, "By Allah! I am Apostle of Allah even if you people do not believe me. Write: Muhammad bin `Abdullah." (Az-Zuhri said, "The Prophet accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform `Umra.)" The Prophet said to Suhail, "On the condition that you allow us to visit the House (i.e. Ka`ba) so that we may perform Tawaf around it." Suhail said, "By Allah, we will not (allow you this year) so as not to give chance to the 'Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet got that written. Then Suhail said, "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims said, "Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu- Jandal bin Suhail bin `Amr came from the valley of Mecca staggering with his fetters and fell down amongst the Muslims. Suhail said, "O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me." The Prophet said, "The peace treaty has not been written yet." Suhail said, "I will never allow you to keep him." The Prophet said, "Yes, do." He said, "I won't do.: Mikraz said, "We allow you (to keep him)." Abu Jandal said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don't you see how much I have suffered?" (continued...) (continuing... 1): -3.891:... ... Abu Jandal had been tortured severely for the Cause of Allah. `Umar bin Al-Khattab said, "I went to the Prophet and said, 'Aren't you truly the Apostle of Allah?' The Prophet said, 'Yes, indeed.' I said, 'Isn't our Cause just and the cause of the enemy unjust?' He said, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'I am Allah's Apostle and I do not disobey Him, and He will make me victorious.' I said, 'Didn't you tell us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did I tell you that we would visit the Ka`ba this year?' I said, 'No.' He said, 'So you will visit it and perform Tawaf around it?' " `Umar further said, "I went to Abu Bakr and said, 'O Abu Bakr! Isn't he truly Allah's Prophet?' He replied, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'Indeed, he is Allah's Apostle and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.' I said, 'Was he not telling us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did he tell you that you would go to the Ka`ba this year?' I said, 'No.' He said, "You will go to Ka`ba and perform Tawaf around it." (Az-Zuhri said, " `Umar said, 'I performed many good deeds as expiation for the improper questions I asked them.' ") When the writing of the peace treaty was concluded, Allah's Apostle said to his companions, "Get up and' slaughter your sacrifices and get your head shaved." By Allah none of them got up, and the Prophet repeated his order thrice. When none of them got up, he left them and went to Um Salama and told her of the people's attitudes towards him. Um Salama said, "O the Prophet of Allah! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head." So, the Prophet went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet ); and Allah revealed the following Divine Verses:-- "O you who believe, when the believing women come to you as emigrants examine them . . ." (60.10) `Umar then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaiya married the other. When the Prophet returned to Medina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet ), "Abide by the promise you gave us." So, the Prophet handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah's Apostle saw him he said, "This man appears to have been frightened." When he reached the Prophet he said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "O Allah's Apostle, by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them." The Prophet said, "Woe to his mother! what excellent war kindler he would be, should he only have supporters." When Abu Basir heard that he understood that the Prophet would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail got himself released from them (i.e. infidels) and joined Abu Basir. So, whenever a man from Quraish embraced Islam he would follow Abu Basir till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet would be secure. So the Prophet sent for them (i.e. Abu Basir's companions) and Allah I revealed the following Divine Verses: "And it is He Who Has withheld their hands from you and your hands From them in the midst of Mecca, After He made you the victorious over them. ... the unbelievers had pride and haughtiness, in their hearts ... the pride and haughtiness of the time of ignorance." (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad) was the Prophet of Allah and refused to write: "In the Name of Allah, the most Beneficent, the Most Merciful," and they (the mushriks) prevented them (the Muslims) from visiting the House (the Ka`bah).

I proceeded till I entered upon `Umar (and while I was sitting there), his gate-keeper Yarfa came to him and said, " `Uthman, `Abdur-Rahman, Az-Zubair and Sa`d ask your permission to come in." `Umar allowed them. So they entered, greeted, and sat down. (After a while the gatekeeper came) and said, "Shall I admit `Ali and `Abbas?'' `Umar allowed them to enter. Al-`Abbas said "O Chief of the believers! Judge between me and the oppressor (`Ali)." Then there was a dispute (regarding the property of Bani Nadir) between them (`Abbas and `Ali). `Uthman and his companions said, "O Chief of the Believers! Judge between them and relieve one from the other." `Umar said, "Be patient! beseech you by Allah, with Whose permission the Heaven and the Earth Exist! Do you know that Allah's Apostle said, 'Our property is not to be inherited, and whatever we leave is to be given in charity,' and by this Allah's Apostle meant himself?" On that the group said, "He verily said so." `Umar then faced `Ali and `Abbas and said, "I beseech you both by Allah, do you both know that Allah's Apostle said so?" They both replied, "Yes". `Umar then said, "Now I am talking to you about this matter (in detail) . Allah favored Allah's Apostle with some of this wealth which He did not give to anybody else, as Allah said: 'What Allah bestowed as Fai (Booty on His Apostle for which you made no expedition... ' (59.6) So that property was totally meant for Allah's Apostle, yet he did not collect it and ignore you, nor did he withhold it with your exclusion, but he gave it to you and distributed it among you till this much of it was left behind, and the Prophet, used to spend of this as the yearly expenditures of his family and then take what remained of it and spent it as he did with (other) Allah's wealth. The Prophet did so during all his lifetime, and I beseech you by Allah, do you know that?" They replied, "Yes." `Umar then addressed `Ali and `Abbas, saying, "I beseech you both by Allah, do you know that?" Both of them replied, "Yes." `Umar added, "Then Allah took His Apostle unto Him. Abu Bakr then said 'I am the successor of Allah's Apostle' and took over all the Prophet's property and disposed of it in the same way as Allah's Apostle used to do, and you were present then." Then he turned to `Ali and `Abbas and said, "You both claim that Abu Bakr did so-and-so in managing the property, but Allah knows that Abu Bakr was honest, righteous, intelligent, and a follower of what is right in managing it. Then Allah took Abu Bakr unto Him, 'I said: I am the successor of Allah's Apostle and Abu Bakr.' So I took over the property for two years and managed it in the same way as Allah's Apostle, and Abu Bakr used to do. Then you both (`Ali and `Abbas) came to me and asked for the same thing! (O `Abbas! You came to me to ask me for your share from nephew's property; and this (`Ali) came to me asking for his wives share from her father's property, and I said to you both, 'If you wish, I will place it in your custody on condition that you both will manage it in the same way as Allah's Apostle and Abu Bakr did and as I have been doing since I took charge of managing it; otherwise, do not speak to me anymore about it.' Then you both said, 'Give it to us on that (condition).' So I gave it to you on that condition. Now I beseech you by Allah, did I not give it to them on that condition?" The group (whom he had been addressing) replied, "Yes." `Umar then addressed `Abbas and `Ali saying, "I beseech you both by Allah, didn't I give you all that property on that condition?" They said, "Yes." `Umar then said, "Are you now seeking a verdict from me other than that? By Him with Whose Permission the Heaven and the Earth exists I will not give any verdict other than that till the Hour is established; and if you both are unable to manage this property, then you can hand it back to me, and I will be sufficient for it on your behalf." (See, Hadith No. 326, Vol. 4)

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."