Um-Salama said, "I got my menses while I was lying with the Prophet under a woolen sheet. So I slipped away, took the clothes for menses and put them on. Allah's Apostle said, 'Have you got your menses?' I replied, 'Yes.' Then he called me and took me with him under the woolen sheet." Um Salama further said, "The Prophet used to kiss me while he was fasting. The Prophet and I used to take the bath of Janaba from a single pot."

from his father from his grandfather that the Prophet said, "Every Muslim has to give in charity." The people asked, "O Allah's Prophet! If someone has nothing to give, what will he do?" He said, "He should work with his hands and benefit himself and also give in charity (from what he earns)." The people further asked, "If he cannot find even that?" He replied, "He should help the needy who appeal for help." Then the people asked, "If he cannot do that?" He replied, "Then he should perform good deeds and keep away from evil deeds and this will be regarded as charitable deeds."

When Allah Apostle was in Ta'if (trying to conquer it), he said to his companions, "Tomorrow we will return (to Medina), if Allah wills." Some of the companions of Allah's Apostle said, "We will not leave till we conquer it." The Prophet said, "Therefore, be ready to fight tomorrow." On the following day, they (Muslims) fought fiercely (with the people of Ta'if) and suffered many wounds. Then Allah's Apostle said, "Tomorrow we will return (to Medina), if Allah wills." His companions kept quiet this time. Allah's Apostle then smiled.

Al-Mughira bin Hakim said that his father said, "Four persons killed a boy, and 'Umar said (as above)."

Abu Bakr, Ibn Az-Zubair, 'Ali and Suwaid bin Muqarrin gave the judgement of Al-Qisas (equality in punishment) in cases of slapping. And 'Umar carried out Al-Qisas for a strike with a stick. And 'Ali carried out Al-Qisas for three lashes with a whip. And Shuraih carried out for one last and for scratching.

Allah's Apostle went out to inform the people about the (date of the Night of decree (Al-Qadr). There happened a quarrel between two Muslim men. The Prophet said, "I came out to inform you about the Night of Al-Qadr, but as so-and-so and so-and-so quarrelled, so the news about it had been taken away; and may be it was better for you. So look for it in the ninth, the seventh, or the fifth (of the last ten days of Ramadan).

We received the news of the departure of the Prophet (to Medina) while we were in Yemen. So we went on board a ship but our ship took us away to An-Najashi (the Negus) in Ethiopia. There we met Ja`far bin Abi Talib and stayed with him till we came (to Medina) by the time when the Prophet had conquered Khaibar. The Prophet said, "O you people of the ship! You will have (the reward of) two migrations."

Abu Bakr had a slave who used to give him some of his earnings. Abu Bakr used to eat from it. One day he brought something and Abu Bakr ate from it. The slave said to him, "Do you know what this is?" Abu Bakr then enquired, "What is it?" The slave said, "Once, in the pre-Islamic period of ignorance I foretold somebody's future though I did not know this knowledge of foretelling but I, cheated him, and when he met me, he gave me something for that service, and that is what you have eaten from." Then Abu Bakr put his hand in his mouth and vomited whatever was present in his stomach.

The Prophet used to (put) bend his head (out) to me while he was in I`tikaf in the mosque during my monthly periods and I would comb and oil his hair.

Yahya related to me from Malik from Abdu Rabbih ibn Said that Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham only gave a fixed share to two grandmothers (together).

Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our city doing, is that the maternal grandmother does not inherit anything at all with the mother. Outside of that, she is given a sixth as a fixed share. The paternal grandmotherdoes not inherit anything along with the mother or the father. Outside of that she is given a sixth as a fixed share." If both the paternal grandmother and maternal grandmother are alive, and the deceased does not have a father or mother outside of them, Malik said,."I have heard that if the maternal grandmother is the nearest of the two of them, then she has a sixth instead of the paternal grandmother. If the paternal grandmother is nearer, or they are in the same position in relation to the deceased, the sixth is divided equally between them."

Malik said, "None of the female grand-relations except for these two has any inheritance because I have heard that the Messenger of Allah, may Allah bless him and grant him peace, gave the grandmother inheritance, and then Abu Bakr asked about that until someone reliable related from the Messenger of Allah, may Allah bless him and grant him peace, that he had made the grandmother an heir and given a share to her. Another grandmother came to Umar ibn al-Khattab, and he said, 'I am not one to add to fixed shares. If there are two of you together, it is between you. If either of you is left alone with it, it is hers.' " Malik said, "We do not know of anyone who made other than the two grandmothers heirs from the beginning of Islam to this day."

(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Apostle in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."

So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house.

Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection of Abu Bakr on condition that he should worship his Lord in his house, but he has violated the conditions and he has built a mosque in front of his house where he prays and recites the Quran publicly. We are now afraid that he may affect our women and children unfavorably. So, prevent him from that. If he likes to confine the worship of his Lord to his house, he may do so, but if he insists on doing that openly, ask him to release you from your obligation to protect him, for we dislike to break our pact with you, but we deny Abu Bakr the right to announce his act publicly." Ibn Ad-Daghina went to Abu- Bakr and said, ("O Abu Bakr!) You know well what contract I have made on your behalf; now, you are either to abide by it, or else release me from my obligation of protecting you, because I do not want the 'Arabs hear that my people have dishonored a contract I have made on behalf of another man." Abu Bakr replied, "I release you from your pact to protect me, and am pleased with the protection from Allah."

At that time the Prophet was in Mecca, and he said to the Muslims, "In a dream I have been shown your migration place, a land of date palm trees, between two mountains, the two stony tracts." So, some people migrated to Medina, and most of those people who had previously migrated to the land of Ethiopia, returned to Medina. Abu Bakr also prepared to leave for Medina, but Allah's Apostle said to him, "Wait for a while, because I hope that I will be allowed to migrate also." Abu Bakr said, "Do you indeed expect this? Let my father be sacrificed for you!" The Prophet said, "Yes." So Abu Bakr did not migrate for the sake of Allah's Apostle in order to accompany him. He fed two she-camels he possessed with the leaves of As-Samur tree that fell on being struck by a stick for four months.

One day, while we were sitting in Abu Bakr's house at noon, someone said to Abu Bakr, "This is Allah's Apostle with his head covered coming at a time at which he never used to visit us before." Abu Bakr said, "May my parents be sacrificed for him. By Allah, he has not come at this hour except for a great necessity." So Allah's Apostle came and asked permission to enter, and he was allowed to enter. When he entered, he said to Abu Bakr. "Tell everyone who is present with you to go away." Abu Bakr replied, "There are none but your family. May my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "i have been given permission to migrate." Abu Bakr said, "Shall I accompany you? May my father be sacrificed for you, O Allah's Apostle!" Allah's Apostle said, "Yes." Abu Bakr said, "O Allah's Apostle! May my father be sacrificed for you, take one of these two she-camels of mine." Allah's Apostle replied, "(I will accept it) with payment." So we prepared the baggage quickly and put some journey food in a leather bag for them. Asma, Abu Bakr's daughter, cut a piece from her waist belt and tied the mouth of the leather bag with it, and for that reason she was named Dhat-un-Nitaqain (i.e. the owner of two belts).

Then Allah's Apostle and Abu Bakr reached a cave on the mountain of Thaur and stayed there for three nights. 'Abdullah bin Abi Bakr who was intelligent and a sagacious youth, used to stay (with them) aver night. He used to leave them before day break so that in the morning he would be with Quraish as if he had spent the night in Mecca. He would keep in mind any plot made against them, and when it became dark he would (go and) inform them of it. 'Amir bin Fuhaira, the freed slave of Abu Bakr, used to bring the milch sheep (of his master, Abu Bakr) to them a little while after nightfall in order to rest the sheep there. So they always had fresh milk at night, the milk of their sheep, and the milk which they warmed by throwing heated stones in it. 'Amir bin Fuhaira would then call the herd away when it was still dark (before daybreak). He did the same in each of those three nights. Allah's Apostle and Abu Bakr had hired a man from the tribe of Bani Ad-Dail from the family of Bani Abd bin Adi as an expert guide, and he was in alliance with the family of Al-'As bin Wail As-Sahmi and he was on the religion of the infidels of Quraish. The Prophet and Abu Bakr trusted him and gave him their two she-camels and took his promise to bring their two she camels to the cave of the mountain of Thaur in the morning after three nights later. And (when they set out), 'Amir bin Fuhaira and the guide went along with them and the guide led them along the sea-shore.

Allah's Apostle said, No Hima except for Allah and His Apostle. We have been told that Allah's Apostle made a place called An-Naqi' as Hima, and `Umar made Ash-Sharaf and Ar-Rabadha Hima (for grazing the animals of Zakat).

The Prophet ascended the mountain of Uhud and he was accompanied by Abu Bakr, `Umar and `Uthman. The mountain shook beneath them. The Prophet hit it with his foot and said, "O Uhud ! Be firm, for on you there is none but a Prophet, a Siddiq and a martyr (i.e. and two martyrs).

Salim bin `Abdullah told me that Rafi` bin Khadij told `Abdullah bin `Umar that his two paternal uncles who had fought in the battle of Badr informed him that Allah's Apostle forbade the renting of fields. I said to Salim, "Do you rent your land?" He said, "Yes, for Rafi` is mistaken."

`Umar asked the people regarding Allah's Statement: 'When comes the Help of Allah (to you O Muhammad against your enemies) and the conquest of Mecca.' (110.1) They replied, "It indicates the future conquest of towns and palaces (by Muslims)." `Umar said, "What do you say about it, O Ibn `Abbas?" I replied, "(This Surat) indicates the termination of the life of Muhammad. Through it he was informed of the nearness of his death."

That Ka`b bin Malik told him that in the lifetime of Allah's Apostle he demanded his debt from Ibn Abu Hadrad in the Mosque. Their voices grew louder till Allah's Apostle heard them while he was in his house. So he lifted the curtain of his room and called Ka`b bin Malik saying, "O Ka`b!" He replied, "Labbaik! O Allah's Apostle!" He beckoned to him with his hand suggesting that he deduct half the debt. Ka`b said, "I agree, O Allah's Apostle!" Allah's Apostle then said (to Ibn Abu Hadrad), "Get up and pay him the rest."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

The Prophet used to stand by a stem of a date-palm tree (while delivering a sermon). When the pulpit was placed for him we heard that stem crying like a pregnant she-camel till the Prophet got down from the pulpit and placed his hand over it.

Yahya related to me from Malik, from Hisham ibn Urwa, that Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az- Zubayr, who was with him, would do likewise.

Yahya said that Malik said, "The people of Makka and whoever else is living there besides them should go into ihram for hajj if they are in Makka, and anyone that is living in the centre of Makka and is not one of the people of Makka should not leave the Haram."

Yahya said that Malik said, "Someone who goes into ihram for hajj in Makka should delay tawaf of the House and the sa'y between Safa and Marwa until he has come back from Mina, which is what Abdullah ibn Umar used to do."

Malik was asked what the people of Madina, or anybody else, should do about tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja, and he said, "They should delay the obligatory tawaf, which is the one they combine with the say between Safa and Marwa, but they can do whatever other tawaf they want to, and they should pray two rakas every time they complete seven tawafs, which is what the companions of the Messenger of Allah, may Allah bless him and grant him peace, did when they had gone into ihram to do hajj. They delayed the tawaf of the House and the sa'y between Safa and Marwa until they had come back from Mina. Abdullah ibn Umar also did this, going into ihram for hajj in Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between Safa and Marwa until he had come back from Mina."

Malik was asked whether one of the people of Makka could go into ihram to do umra in the centre of Makka, and he said, "No. He should go outside the Haram and go into ihram there."

We went out intending (to visit) the Messenger of Allah (saws) and Wa'il ibn Hujr was with us. His enemy caught him. The people desisted from swearing an oath, but I took an oath that he was my brother. So he left him. We then came to the Messenger of Allah (saws), and I informed him that the people desisted from taking the oath, but I swore that he was my brother. He said: You spoke the truth: A Muslim is a brother of a Muslim.

Yahya related to me from Malik from Hisham ibn Urwa that Sawda bint Abdullah ibn Umar, who was in the household of Urwa ibn az- Zubayr, set off walking between Safa and Marwa when doing either hajj or an umra. She was a heavy woman and she began when everybody was leaving after the isha prayer, and she still had not completed her circuits when the first call was given for subh, but finished them between the two calls to prayer.

If Urwa saw people doing circuits on riding beasts he would tell them in very strong terms not to do so, and they would pretend to be ill, out of awe of him.

Hisham added, "He used to say to us about them 'These are unsuccessful and have lost.' "

Malik said, "Someone who forgets say between Safa and Marwa in an umra, and does not remember until he is far from Makka, should return and do say. If, in the meantime, he has had intercourse with a woman, he should return and do say between Safa and Marwa so as to complete what remains of that umra, and then after that he has to do another umra and offer a sacrificial animal."

Malik was asked about someone who met another man when doing say between Safa and Marwa and stopped to talk with him, and he said, "I do not like anyone to do that."

Malik said, "If anyone forgets some of his tawaf or is uncertain about it and remembers only when he is doing say between Safa and Marwa, he should stop the say and complete his tawaf of the House apart from that about which he is certain. After that he prays the two rakas of the tawaf, and then begins his say between Safa and Marwa."

I heard the Prophet saying, "On the Day of Resurrection I will intercede and say, "O my Lord! Admit into Paradise (even) those who have faith equal to a mustard seed in their hearts." Such people will enter Paradise, and then I will say, 'O (Allah) admit into Paradise (even) those who have the least amount of faith in their hearts." Anas then said: As if I were just now looking at the fingers of Allah's Apostle.

Ibn `Umar used to do Rami of the Jamrat-ud-Dunya (the Jamra near to the Khaif mosque) with seven small stones and used to recite Takbir on throwing every pebble. He then would go ahead till he reached the level ground where he would stand facing the Qibla for a long time to invoke (Allah) while raising his hands (while invoking). Then he would do Rami of the Jamrat-ul-Wusta (middle Jamra) and then he would go to the left towards the middle ground, where he would stand facing the Qibla. He would remain standing there for a long period to invoke (Allah) while raising his hands, and would stand there for a long period. Then he would do Rami of the Jamrat-ul-Aqaba from the middle of the valley, but he would not stay by it, and then he would leave and say, "I saw the Prophet doing like this."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child, and he said, "She should break the fast and feed a poor man one mudd of wheat in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah, the Exalted and Glorified, says, 'And whoever of you is sick or on a journey should fast an equal number of other days, ' and they consider her pregnancy and her concern for her child as a sickness."

Yahya related to me from Malik from al Ala ibn Abd ar-Rahman that his father said, "I asked Abu Said al-Khudri about the lower garment. He said that he would inform me with knowledge and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The lower garment of the mumin should reach to the middle of his calves. There is no harm in what is between that and the ankles. What is lower than that is in the Fire. What is lower than that is in the Fire. On the Day of Rising, Allah will not look at a person who trails his lower garment in arrogance.' "

There was a dispute between Abu Bakr and `Umar, and Abu Bakr made `Umar angry. So `Umar left angrily. Abu Bakr followed him, requesting him to ask forgiveness (of Allah) for him, but `Umar refused to do so and closed his door in Abu Bakr's face. So Abu Bakr went to Allah's Apostle while we were with him. Allah's Apostle said, "This friend of yours must have quarrelled (with somebody)." In the meantime `Umar repented and felt sorry for what he had done, so he came, greeted (those who were present) and sat with the Prophet and related the story to him. Allah's Apostle became angry and Abu Bakr started saying, "O Allah's Apostle! By Allah, I was more at fault (than `Umar)." Allah's Apostle said, "Are you (people) leaving for me my companion? (Abu Bakr), Are you (people) leaving for me my companion? When I said, 'O people I am sent to you all as the Apostle of Allah,' you said, 'You tell a lie.' while Abu Bakr said, 'You have spoken the truth ."

When Allah's Apostle died and Abu Bakr was elected as a Caliph after him, some of the Arabs reverted to disbelief, `Umar said to Abu Bakr, "How dare you fight the people while Allah's Apostle said, I have been ordered to fight the people till they say 'None has the right to be worshipped but Allah' And whoever says: None has the right to be worshipped but Allah.' waves his wealth and his life from me unless he deserves a legal punishment lusty, and his account will be with Allah! Abu Bakr said, "By Allah, I will fight him who discriminates between Zakat and prayers, for Zakat is the Compulsory right to be taken from the wealth By Allah, if they refuse to give me even a tying rope which they use to give to Allah's Apostle, I would fight them for withholding it." `Umar said, 'By Allah, It was nothing, except I saw that Allah had opened the chest of Abu Bakr to the fight, and I came to know for certain that was the truth."

The Prophet said, "The Hell Fire will keep on saying: 'Are there anymore (people to come)?' Till the Lord of Power and Honor will put His Foot over it and then it will say, 'Qat! Qat! (sufficient! sufficient!) by Your Power and Honor. And its various sides will come close to each other (i.e., it will contract). "

Yahya related to me from Malik from Yahya ibn Said from Said al- Maqburi from Abdullah ibn Abi Qatada that his father had said that a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "O Messenger of Allah! If I am killed in the way of Allah, expectant for reward, sincere, advancing, and not retreating, will Allah pardon my faults?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes." When the man turned away, the Messenger of Allah, may Allah bless him and grant him peace, called him - or commanded him and he was called to him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "What did you say?" He repeated his words to him, and the Prophet, may Allah bless him and grant him peace, said to him, "Yes, except for the debt. Jibril said that to me."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a man of the Banu Asad said, "My family and I dismounted to rest at Baqi. My family said to me, 'Go to the Messenger of Allah, may Allah bless him and grant him peace, and ask him for something that we can eat,' and they began to mention their need. I went to the Messenger of Allah, may Allah bless him and grant him peace, and found that a man was asking for something, and the Messenger of Allah, may Allah bless him and grant him peace, was saying, 'I do not have anything to give you.' The man turned away from him in anger, saying, 'By my life! You give to whomever you wish.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is angry with me because I do not have anything to give him. Whoever asks of you while he has an uqiya or its like, has asked with importunity.' "

The man continued, "I said to myself about a camel that we had, 'It is better than an uqiya.' (Malik explained that an uqiya was forty dirhams.) So I returned and did not ask him for anything, and the Messenger of Allah, may Allah bless him and grant him peace, sent me barley and raisins after that. He gave us from his share until Allah, the Mighty, the Majestic gave us relief."

I used to teach (the Qur'an to) some people of the Muhajirln (emigrants), among whom there was `Abdur Rahman bin `Auf. While I was in his house at Mina, and he was with `Umar bin Al-Khattab during `Umar's last Hajj, `Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers (`Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If `Umar should die, I will give the pledge of allegiance to such-andsuch person, as by Allah, the pledge of allegiance to Abu Bakr was nothing but a prompt sudden action which got established afterwards.' `Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership). `Abdur-Rahman said, "I said, 'O Chief of the believers! Do not do that, for the season of Hajj gathers the riff-raff and the rubble, and it will be they who will gather around you when you stand to address the people. And I am afraid that you will get up and say something, and some people will spread your statement and may not say what you have actually said and may not understand its meaning, and may interpret it incorrectly, so you should wait till you reach Medina, as it is the place of emigration and the place of Prophet's Traditions, and there you can come in touch with the learned and noble people, and tell them your ideas with confidence; and the learned people will understand your statement and put it in its proper place.' On that, `Umar said, 'By Allah! Allah willing, I will do this in the first speech I will deliver before the people in Medina." Ibn `Abbas added: We reached Medina by the end of the month of Dhul-Hijja, and when it was Friday, we went quickly (to the mosque) as soon as the sun had declined, and I saw Sa`id bin Zaid bin `Amr bin Nufail sitting at the corner of the pulpit, and I too sat close to him so that my knee was touching his knee, and after a short while `Umar bin Al-Khattab came out, and when I saw him coming towards us, I said to Sa`id bin Zaid bin `Amr bin Nufail "Today `Umar will say such a thing as he has never said since he was chosen as Caliph." Sa`id denied my statement with astonishment and said, "What thing do you expect `Umar to say the like of which he has never said before?" In the meantime, `Umar sat on the pulpit and when the callmakers for the prayer had finished their call, `Umar stood up, and having glorified and praised Allah as He deserved, he said, "Now then, I am going to tell you something which (Allah) has written for me to say. I do not know; perhaps it portends my death, so whoever understands and remembers it, must narrate it to the others wherever his mount takes him, but if somebody is afraid that he does not understand it, then it is unlawful for him to tell lies about me. Allah sent Muhammad with the Truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this Verse and understood and memorized it. Allah's Apostle did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, 'By Allah, we do not find the Verse of the Rajam in Allah's Book,' and thus they will go astray by leaving an obligation which Allah has revealed. And the punishment of the Rajam is to be inflicted to any married person (male & female), who commits illegal sexual intercourse, if the required evidence is available or there is conception or confession. And then we used to recite among the Verses in Allah's Book: 'O people! Do not claim to be the offspring of other than your fathers, as it is disbelief (unthankfulness) on your part that you claim to be the offspring of other than your real father.' Then Allah's Apostle said, 'Do not praise me excessively as Jesus, son of Marry was praised, but call me Allah's Slave and His Apostles.' (O people!) I have been informed that a speaker amongst you says, 'By Allah, if `Umar should die, I will give the pledge of allegiance to such-and-such person.' One should not deceive oneself by saying that the pledge of allegiance given to Abu Bakr was given suddenly and it was successful. No doubt, it was like that, but Allah saved (the people) from its evil, and there is none among you who has the qualities of Abu Bakr. Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet we were informed that the Ansar disagreed with us and gathered in the shed of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.' After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.' When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubaida bin al-Jarrah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.' And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.' Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.' `Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Caliph) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."

Abu Musa and Abii Mas`ud went to `Ammar when `Ali had sent him to Kufa to exhort them to fight (on `Ali's side). They said to him, "Since you have become a Muslim, we have never seen you doing a deed more criticizable to us than your haste in this matter." `Ammar said, "Since you (both) became Muslims, I have never seen you doing a deed more criticizable to me than your keeping away from this matter." Then Abu Mas`ud provided `Ammar and Abu Musa with two-piece outfits to wear, and one of them went to the mosque (of Kufa).

Malik said, "There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night."

Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting."

"There is, however, a distinction between the marriage of someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different."

"This is the sunna as it has come down to us regarding marriage for those who are muhrim, doing itikaf, or fasting.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to adorn his daughters and slave-girls with gold jewellery and he did not take any zakat from their jewellery.

Malik said, "Anyone who has unminted gold or silver, or gold and silver jewellery which is not used for wearing, must pay zakat on it every year. It is weighed and one-fortieth is taken, unless it falls short of twenty dinars of gold or two hundred dirhams of silver, in which case there is no zakat to pay. Zakat is paid only when jewellery is kept for purposes other than wearing. Bits of gold and silver or broken jewellery which the owner intends to mend to wear are in the same position as goods which are worn by their owner - no zakat has to be paid on them by the owner."

Malik said, "There is no zakat (to pay) on pearls, musk or amber."

The Prophet (saws) said: If anyone eats food and then says: "Praise be to Allah Who has fed me with this food and provided me with it through no might and power on my part," he will be forgiven his former and later sins. If anyone puts on a garment and says: "Praise be to Allah Who has clothed me with this and provided me with it through no might and power on my part," he will be forgiven his former and later sins.

The Prophet (saws) said: It is not lawful for a man to make a donation or give a gift and then take it back, except a father regarding what he gives his child. One who gives a gift and then takes it back is like a dog which eats and vomits when it is full, then returns to its vomit.