that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."

`Abdullah bin Al-Abbas and Al-Miswar bin Makhrama differed at Al-Abwa'; Ibn `Abbas said that a Muhrim could wash his head; while Al-Miswar maintained that he should not do so. `Abdullah bin `Abbas sent me to Abu Aiyub Al-Ansari and I found him bathing between the two wooden posts (of the well) and was screened with a sheet of cloth. I greeted him and he asked who I was. I replied, "I am `Abdullah bin Hunain and I have been sent to you by Ibn `Abbas to ask you how Allah's Apostle used to wash his head while in the state of lhram." Abu Aiyub Al-Ansari caught hold of the sheet of cloth and lowered it till his head appeared before me, and then told somebody to pour water on his head. He poured water on his head, and he (Abu Aiyub) rubbed his head with his hands by bringing them from back to front and from front to back and said, "I saw the Prophet doing like this."

Ali remained behind the Prophet during the battle of Khaibar as he way suffering from some eye trouble but then he said, "How should I stay behind Allah's Apostle?" So, he set out till he joined the Prophet. On the eve of the day of the conquest of Khaibar, Allah's Apostle said, "(No doubt) I will give the flag or, tomorrow, a man whom Allah and His Apostle love or who loves Allah and His apostle will take the flag. Allah will bestow victory upon him." Suddenly 'Ali joined us though we were not expecting him. The people said, "Here is 'Ali. "So, Allah's Apostle gave the flag to him and Allah bestowed victory upon him.

Allah's Apostle said, "Your example and the example of Jews and Christians is like the example of a man who employed some laborers to whom he said, 'Who will work for me up to midday for one Qirat each?' The Jews carried out the work for one Qirat each; and then the Christians carried out the work up to the `Asr prayer for one Qirat each; and now you Muslims are working from the `Asr prayer up to sunset for two Qirats each. The Jews and Christians got angry and said, 'We work more and are paid less.' The employer (Allah) asked them, 'Have I usurped some of your right?' They replied in the negative. He said, 'That is My Blessing, I bestow upon whomever I wish.' "

Allah's Apostle was on a journey and he had a black slave called Anjasha, and he was driving the camels (very fast, and there were women riding on those camels). Allah's Apostle said, "Waihaka (May Allah be merciful to you), O Anjasha! Drive slowly (the camels) with the glass vessels (women)!"

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

The Prophet came to Khaibar and when Allah made him victorious and he conquered the town by breaking the enemy's defense, the beauty of Safiya bint Huyai bin Akhtab was mentioned to him and her husband had been killed while she was a bride. Allah's Apostle selected her for himself and he set out in her company till he reached Sadd-ar-Rawha' where her menses were over and he married her. Then Hais (a kind of meal) was prepared and served on a small leather sheet (used for serving meals). Allah's Apostle then said to me, "Inform those who are around you (about the wedding banquet)." So that was the marriage banquet given by Allah's Apostle for (his marriage with) Safiya. After that we proceeded to Medina and I saw that Allah's Apostle was covering her with a cloak while she was behind him. Then he would sit beside his camel and let Safiya put her feet on his knees to ride (the camel).

My aunt presented (roasted) mastigures, Iqt and milk to the Prophet . The mastigures were put on his dining sheet, and if it was unlawful to eat, it would not have been put there. The Prophet drank the milk and ate the Iqt only.

Those people who used to buy foodstuff at random (without weighing or measuring it) were beaten in the lifetime of Allah's Apostle if they sold it at the very place where they had bought it, till they carried it to their dwelling places.

[Al-Bukhari and Muslim].

The people used to pray with the Prophet tying their Izars around their necks because of their small sizes and the women were directed that they should not raise their heads from the prostrations till the men had sat straight.

Ibn 'Umar (Allah be pleased with them) reported that they were beaten during the lifetime of Allah's Messenger (may peace be upon him) if they had bought foodgrains in bulk and then sold them in the spot without shifting them (to some other place).

When Allah's Apostle performed the `Umra (which he performed in the year following the treaty of Al-Hudaibiya) we were screening Allah's Apostle from the infidels and their boys lest they should harm him.

Abu Dawud said: This tradition has been transmitted by Ibn Ishaq and al-Auza'i from Yahya b. Sa'id in a similar manner, and Malik narrated it from Yahya b. Sa'id, saying: He observed I'tikaf during twenty days of Shawwal.

The Prophet looked at the people of the well (the well in which the bodies of the pagans killed in the Battle of Badr were thrown) and said, "Have you found true what your Lord promised you?" Somebody said to him, "You are addressing dead people." He replied, "You do not hear better than they but they cannot reply."

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates.

"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."

Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."

Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that a certain tailor invited the Messenger of Allah, may Allah bless him and grant him peace, to eat some food which he had prepared.

Anas said, "I went with the Messenger of Allah, may Allah bless him and grant him peace, to eat the food. He served barley bread and a soup with pumpkin in it. I saw the Messenger of Allah, may Allah bless him and grant him peace, going after the pumpkin around the dish, so I have always liked pumpkin since that day."

Ya`la used to say, "I wish I could see Allah's Apostle at the time he is being inspired Divinely." When the Prophet was at Al-Ja'rana and was shaded by a garment hanging over him and some of his companions were with him, a man perfumed with scent came and said, "O Allah's Apostle! What is your opinion regarding a man who assumes Ihram and puts on a cloak after perfuming his body with scent?" The Prophet waited for a while, and then the Divine Inspiration descended upon him. `Umar pointed out to Ya`la, telling him to come. Ya`la came and pushed his head (underneath the screen which was covering the Prophet ) and behold! The Prophet's face was red and he kept on breathing heavily for a while and then he was relieved. Thereupon he said, "Where is the questioner who asked me about `Umra a while ago?" The man was sought and then was brought before the Prophet who said (to him), "As regards the scent which you perfumed your body with, you must wash it off thrice, and as for your cloak, you must take it off; and then perform in your `Umra all those things which you perform in Hajj."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

Abu Dawud said: Ibn 'Umar used to sit in ihtiba position while the imam gave the Friday sermon. Anas b. Malik, Shuraih, Sa'sa'ah b. Sawhan, Sa'id b. al-Musayyib, Ibrahim al-Nakha'i, Makhul, Isma'il, Ismail b. Muhammad b. Sa'd, and Nu'aim b. Sulamah said: There is no harm in sitting in ihtiba position.

Abu Dawud said: I do not know whether anyone considered it disapproved except 'Ubadah b. Nasayy.

Allah's Apostle related to us, two prophetic narrations one of which I have seen fulfilled and I am waiting for the fulfillment of the other. The Prophet told us that the virtue of honesty descended in the roots of men's hearts (from Allah) and then they learned it from the Qur'an and then they learned it from the Sunna (the Prophet's traditions). The Prophet further told us how that honesty will be taken away: He said: "Man will go to sleep during which honesty will be taken away from his heart and only its trace will remain in his heart like the trace of a dark spot; then man will go to sleep, during which honesty will decrease further still, so that its trace will resemble the trace of blister as when an ember is dropped on one's foot which would make it swell, and one would see it swollen but there would be nothing inside. People would be carrying out their trade but hardly will there be a trustworthy person. It will be said, 'in such-and-such tribe there is an honest man,' and later it will be said about some man, 'What a wise, polite and strong man he is!' Though he will not have faith equal even to a mustard seed in his heart." No doubt, there came upon me a time when I did not mind dealing (bargaining) with anyone of you, for if he was a Muslim his Islam would compel him to pay me what is due to me, and if he was a Christian, the Muslim official would compel him to pay me what is due to me, but today I do not deal except with such-and-such person.

I was with Allah's Apostle in one of the Markets of Medina. He left (the market) and so did I. Then he asked thrice, "Where is the small (child)?" Then he said, "Call Al-Hasan bin `Ali." So Al-Hasan bin `Ali got up and started walking with a necklace (of beads) around his neck. The Prophet stretched his hand out like this, and Al-Hasan did the same. The Prophet embraced him and said, "0 Allah! l love him, so please love him and love those who love him." Since Allah's Apostle said that. nothing has been dearer to me than Al-Hasan.

"We were with `Aisha discussing the regularity of offering the prayer and dignifying it. She said, 'When Allah's Apostle fell sick with the fatal illness and when the time of prayer became due and Adhan was pronounced, he said, 'Tell Abu Bakr to lead the people in prayer.' He was told that Abu Bakr was a softhearted man and would not be able to lead the prayer in his place. The Prophet gave the same order again but he was given the same reply. He gave the order for the third time and said, 'You (women) are the companions of Joseph. Tell Abu Bakr to lead the prayer.' So Abu Bakr came out to lead the prayer. In the meantime the condition of the Prophet improved a bit and he came out with the help of two men one on each side. As if I was observing his legs dragging on the ground owing to the disease. Abu Bakr wanted to retreat but the Prophet beckoned him to remain at his place and the Prophet was brought till he sat beside Abu Bakr." Al-A`mash was asked, "Was the Prophet praying and Abu Bakr following him, and were the people following Abu Bakr in that prayer?" Al- A`mash replied in the affirmative with a nod of his head. Abu Muawiya said, "The Prophet was sitting on the left side of Abu Bakr who was praying while standing."

A piece of silken cloth was given to the Prophet as a present and the people handed it over amongst themselves and were astonished at its beauty and softness. Allah's Apostle said, "Are you astonished at it?" They said, "Yes, O Allah's Apostle!" He said, "By Him in Whose Hand my soul is, the handkerchiefs of Sa`d in Paradise are better than it."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

Sahl bin Abi Hathma and some great men of his tribe said, `Abdullah bin 'Sahl and Muhaiyisa went out to Khaibar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that `Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By Allah, you have killed my companion." The Jews said, "By Allah, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and `Abdur-Rahman bin Sahl came (to the Prophet) and he who had been at Khaibar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. Allah's Apostle said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that Allah's Apostle wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then Allah's Apostle said to Huwaiyisa, Muhaiyisa and `Abdur-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So Allah's Apostle gave them one-hundred she-camels as blood money from himself. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg.

(the wife of the Prophet) That she came to visit Allah's Apostle while he was in I`tikaf (i.e. seclusion in the Mosque during the last ten days of Ramadan). When she got up to return, Allah's Apostle got up with her and accompanied her, and when he reached near the gate of the Mosque close to the door (of the house) of Um Salama, the wife of the Prophet, two Ansari men passed by them and greeted Allah's Apostle and then went away. Allah's Apostle addressed them saying, "Don't hurry! (She is my wife)," They said, "Glorified be Allah! O Allah's Apostle (You are far away from any suspicion)," and his saying was hard on them. Allah's Apostle said, "Satan circulates in the mind of a person as blood does (in his body). I was afraid that Satan might put some (evil) thoughts in your minds."