Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

This hadith was mentioned through another chain.

Ibn `Abbas said, "Thursday! What (great thing) took place on Thursday!" Then he started weeping till his tears wetted the gravels of the ground . Then he said, "On Thursday the illness of Allah's Apostle was aggravated and he said, "Fetch me writing materials so that I may have something written to you after which you will never go astray." The people (present there) differed in this matter and people should not differ before a prophet. They said, "Allah's Apostle is seriously sick.' The Prophet said, "Let me alone, as the state in which I am now, is better than what you are calling me for." The Prophet on his death-bed, gave three orders saying, "Expel the pagans from the Arabian Peninsula, respect and give gifts to the foreign delegates as you have seen me dealing with them." I forgot the third (order)" (Ya'qub bin Muhammad said, "I asked Al-Mughira bin `Abdur-Rahman about the Arabian Peninsula and he said, 'It comprises Mecca, Medina, Al-Yama-ma and Yemen." Ya'qub added, "And Al-Arj, the beginning of Tihama.")

that he heard Ibn `Abbas saying, "Thursday! And you know not what Thursday is? After that Ibn `Abbas wept till the stones on the ground were soaked with his tears. On that I asked Ibn `Abbas, "What is (about) Thursday?" He said, "When the condition (i.e. health) of Allah's Apostle deteriorated, he said, 'Bring me a bone of scapula, so that I may write something for you after which you will never go astray.'The people differed in their opinions although it was improper to differ in front of a prophet, They said, 'What is wrong with him? Do you think he is delirious? Ask him (to understand). The Prophet replied, 'Leave me as I am in a better state than what you are asking me to do.' Then the Prophet ordered them to do three things saying, 'Turn out all the pagans from the Arabian Peninsula, show respect to all foreign delegates by giving them gifts as I used to do.' " The sub-narrator added, "The third order was something beneficial which either Ibn `Abbas did not mention or he mentioned but I forgot.'

Allah's Apostle said, "Tomorrow I will give the flag to a man with whose leadership Allah will grant (the Muslim) victory." So the people kept on thinking the whole night as to who would be given the flag. The next morning the people went to Allah's Apostle and every one of them hoped that he would be given the flag. The Prophet said, "Where is `Ali bin Abi Talib?" The people replied, "He is suffering from eye trouble, O Allah's Apostle." He said, "Send for him and bring him to me." So when `Ali came, the Prophet spat in his eyes and invoked good on him, and be became alright as if he had no ailment. The Prophet then gave him the flag. `Ali said, "O Allah's Apostle! Shall I fight them (i.e. enemy) till they become like us?" The Prophet said, "Proceed to them steadily till you approach near to them and then invite them to Islam and inform them of their duties towards Allah which Islam prescribes for them, for by Allah, if one man is guided on the right path (i.e. converted to Islam) through you, it would be better for you than (a great number of) red camels."

'Alqama went to Sham and when he entered the mosque, he said, "O Allah ! Bless me with a pious companion." So he sat with Abu Ad-Darda. Abu Ad-Darda' asked him, "Where are you from?" 'Alqama replied, "From the people of Kufa." Abu Ad-Darda said, "Isn't there amongst you the Keeper of the secret which nobody else knows i.e. Hudhaifa?" Al-qama said, "Yes." Then Abu Ad-Darda further said, "Isn't there amongst you the person whom Allah gave Refuge from Satan through the invocation of His Prophet namely `Ammar?" Alqama replied in the affirmative Abu Ad-Darda said, "Isn't there amongst you the person who carries the Siwak (or the Secret) (i.e. of the Prophet namely `Abdullah bin Massud)?" Alqama said, "Yes." Then Abu Ad-Darda asked, "How (Abdullah bin Masud) used to recite the Sura starting with: "By the night as it envelopes; By the day as it appears in brightness?" (92.1-2). Alqama said "And by male and female." Abu Ad-Darda then said, "These people (of Sham) tried hard to make me accept something other than what I had heard from the Prophet."

On the day of Khaibar, Allah's Apostle said, "Tomorrow I will give this flag to a man through whose hands Allah will give us victory. He loves Allah and His Apostle, and he is loved by Allah and His Apostle." The people remained that night, wondering as to who would be given it. In the morning the people went to Allah's Apostle and everyone of them was hopeful to receive it (i.e. the flag). The Prophet said, "Where is `Ali bin Abi Talib?" It was said, "He is suffering from eye trouble O Allah's Apostle." He said, "Send for him." `Ali was brought and Allah's Apostle spat in his eye and invoked good upon him. So `Ali was cured as if he never had any trouble. Then the Prophet gave him the flag. `Ali said "O Allah's Apostle! I will fight with them till they become like us." Allah's Apostle said, "Proceed and do not hurry. When you enter their territory, call them to embrace Islam and inform them of Allah's Rights which they should observe, for by Allah, even if a single man is led on the right path (of Islam) by Allah through you, then that will be better for you than the nice red camels.

‘Asim said : I said : Abu ‘Uthman! Two men testified before you. Who are they? He said : One of them is the one who is first to shoot arrow in the path of Allah or in the path of Islam, that is to say : Sa’d b. Malik. The other is the one came from al-Taif with ten and some men on foot. He then mentioned his excellence.

Abu Dawud said : When al-Nufaili mentioned this tradition, he said : I swear by Allah, this is sweater with me than honey, that is no say, his way transmission.

Abu ‘Ali said : I heard Abu Dawud say : I heard Ahmad say : The people of Kufah have no light in their traditions. I did not see them like the people of Basrah. They learnt it from Shu’bah.

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

"Banu Murrah bin 'Ubaid sent me to bring the Sadaqah from their wealth of the Messenger of Allah (saws). I arrived with him in Al-Madinah and found him sitting between the Muhajirin and the Ansar." He said: "Then he took my hand and brought me to the home of Umm Salamah and he said: 'Do you have any food?' So a bowl containing a lot of Tharid with pieces of meat was brought to us, and presented for us to eat from it. So I began wandering my around it while the Messenger of Allah (saws) ate from what was in front of him. He grabbed my right hand with his left hand, then he said: 'O 'Ikrash! Eat from one spot, for indeed the food is one.' Then a plate containing various dried dates" - or fresh dates - 'Ubaidullah (a narrator) was not sure. He said: "I began eating what was in front of me, while the hand of the Messenger of Allah (saws) roamed about the plate. He said: 'O 'Ikrash! Eat from wherever you like, for indeed it is not all from the same variety.' Then water was brought, so the Messenger of Allah (saws) washed his hands, and with the wetness of his hands he wiped his face, his forearms, and his head, and he said: 'O Ikrash! This is the Wudu' for that which has been altered by fire.'"

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except through the narration of Al-'Ala' bin Al-Fadl, and Al-Ala'was alone with this narration, and there is more in the story in the Hadith. And we do not know a Hadith from the Prophet (saws) by 'Ikrash except this.

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in that year or not."

The tradition mentioned above (No. 4232) has also been transmitted through a different chain of narrators by Nasr ibn Asim al-Laythi who said: We came to al-Yashkuri with a group of the people of Banu Layth.

He asked: Who are these people? We replied: Banu Layth. We have come to you to ask you about the tradition of Hudhayfah. He then mentioned the tradition and said: I asked: Messenger of Allah, will there be evil after this good?

He replied: There will be trial (fitnah) and evil. I asked: Messenger of Allah, will there be good after this evil? He replied: Learn the Book of Allah, Hudhayfah, and adhere to its contents. He said it three times.

I asked: Messenger of Allah, will there be good after this evil? He replied: An illusory truce and a community with specks in its eye. I asked: Messenger of Allah, what do you mean by an illusory community?

He replied: The hearts of the people will not return to their former condition. I asked: Messenger of Allah, will there be evil after this good? He replied: There will be wrong belief which will blind and deafen men to the truth in which there will be summoners at the gates of Hell. If you, Hudhayfah, die adhering to a stump, it will be better for you than following any of them.

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

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

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

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

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

While we were with the Prophet , a man stood up and said (to the Prophet ), "I beseech you by Allah, that you should judge us according to Allah's Laws." Then the man's opponent who was wiser than him, got up saying (to Allah's Apostle) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet said, "'Speak." He said, "My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son's sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death." The Prophet said, "By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death." Unais went to her and she confessed. He then stoned her to death.

A man came to the Prophet and said, "I beseech you to judge us according to Allah's Laws." Then his opponent who was wiser than he, got up and said, "He has spoken the truth. So judge us according to Allah's Laws and please allow me (to speak), O Allah's Apostle." The Prophet said, "Speak." He said, "My son was a laborer for the family of this man and he committed illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom (for my son), but I asked the religious learned people (regarding this case), and they informed me that my son should be flogged onehundred stripes, and be exiled for one year, and the wife of this man should be stoned (to death)."The Prophet said, "By Him in Whose Hand my soul is, I will Judge you (in this case) according to Allah's Laws. The one-hundred (sheep) and the slave shall be returned to you and your son shall be flogged one-hundred stripes and be exiled for one year. And O Unais! Go in the morning to the wife of this man and ask her, and if she confesses, stone her to death." She confessed and he stoned her to death.

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me, and I asked him again and he gave me and said, 'O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand." Hakim added, "I said, O Allah's Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die." Afterwards Abu Bakr used to call Hakim to give him something but he refused to accept anything from him. Then `Umar called him to give him (something) but he refused. Then `Umar said, "O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it." Thus Hakim did not ask anybody for anything after the Prophet, till he died--may Allah bestow His mercy upon him.

Hakim bin Hizam said, "I asked Allah's Apostle for something, and he gave me. I asked him again, and he gave me, and said to me. 'O Hakim! This wealth is like green sweet (i.e. fruit), and if one takes it without greed, then one is blessed in it, and if one takes it with greediness, then one is not blessed in it, and will be like the one who eats without satisfaction. And an upper (i.e. giving) hand is better than a lower (i.e. taking) hand,' I said, 'O Allah's Apostle! By Him Who has sent you with the Truth. I will not ask anyone for anything after you till I leave this world." So, when Abu Bakr during his Caliphate, called Hakim to give him (some money), Hakim refused to accept anything from him. Once `Umar called him (during his Caliphate) in order to give him something, but Hakim refused to accept it, whereupon `Umar said, "O Muslims! I give him (i.e. Hakim) his right which Allah has assigned to him) from this Fai '(booty), but he refuses to take it." So Hakim never took anything from anybody after the Prophet till he died.

That she asked the Prophet , 'Have you encountered a day harder than the day of the battle) of Uhud?" The Prophet replied, "Your tribes have troubled me a lot, and the worse trouble was the trouble on the day of 'Aqaba when I presented myself to Ibn `Abd-Yalail bin `Abd-Kulal and he did not respond to my demand. So I departed, overwhelmed with excessive sorrow, and proceeded on, and could not relax till I found myself at Qarnath-Tha-alib where I lifted my head towards the sky to see a cloud shading me unexpectedly. I looked up and saw Gabriel in it. He called me saying, 'Allah has heard your people's saying to you, and what they have replied back to you, Allah has sent the Angel of the Mountains to you so that you may order him to do whatever you wish to these people.' The Angel of the Mountains called and greeted me, and then said, "O Muhammad! Order what you wish. If you like, I will let Al-Akh-Shabain (i.e. two mountains) fall on them." The Prophet said, "No but I hope that Allah will let them beget children who will worship Allah Alone, and will worship None besides Him."

Abu Dawud said: This woman was the wife of Abu Dharr.

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).

Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

Abu Dawud said: Al-Thawri narrated it as Malik narrated.

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade 'selling and lending.'

Malik said, "The explanation of what that meant is that one man says to another, 'I will take your goods for such-and-such if you lend me such-and-such.' If they agree to a transaction in this manner, it is not permitted. If the one who stipulates the loan abandons his stipulation, then the sale is permitted."

Malik said, "There is no harm in exchanging linen from Shata, for garments from Itribi, or Qass, or Ziqa. Or the cloth of Herat or Merv for Yemeni cloaks and shawls and such like as one for two or three, from hand to hand or with delayed terms. If the goods are of the same kind, and deferment enters into the transaction, there is no good in it."

Malik said, "It is not good unless they are different, and the difference between them is clear. When they resemble each other, even if the names are different, do not take two for one with delayed terms, for instance two garments of Herat for one from Merv or Quhy with delayed terms, ortwo garments of Furqub for one from Shata. All these sorts are of the same description, so do not buy two for one, on delayed terms."

Malik said, "There is no harm in selling what you buy of things of this nature, before you complete the deal, to some one other than the person from whom you purchased them if the price was paid in cash."

Malik said, "When a man owes money to another man and he asks him to let it stay with him as a quirad, that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation, and want to delay it to increase it for him."

Malik spoke about an investor who made a qirad loan to a man, and some of the principal was lost before he used it, and then he used it and made a profit. The agent wanted to make the principal the remainder of the money after what was lost from it. Malik said, "His statement is not accepted, and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad."

Malik said, "Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles."

Malik said, "There are certain transactions which if a long span of time passes after the transaction takes place, its revocation becomes unacceptable. As for usury, there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah, the Blessed and the Exalted, said in His Book, 'If you repent, you have your capital back, not wronging and not wronged. ' "

32.4 Conditions Permitted in Qirad

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

Yahya related to me from Malik from Hisham ibn Urwa that his father never brought food or drink, nor even a remedy which he ate or drank but that he said, "Praise be to Allah who has guided us and fed us and given us to drink and blessed us. Allah is greater. O Allah! We have found Your blessing with every evil, give us every good in the morning and evening. We ask You for its completion and its gratitude. There is no good except Your good. There is no god other than You, the God of the salihun and the Lord of the Worlds. Praise be to Allah. There is no god but Allah. What Allah wills. There is no power except in Allah. O Allah! Bless us in what You have provided us with and protect us from the punishment of the Fire!"

Al-hamdu lillahi-lladhi hadana wa at amana wa saqana wa naamana. Allahu akbar. Allahumma'l fatna nimatik bi-kulli sharr. Fa asbahna minha wa amsayna bi-kulli khayr. Nasaluka tamamaha wa shukraha. La khayr illa khayruk. Wa la ilaha ghayruk. Ilaha'-saliheen wa rabba'l-alameen. Al-hamdu lillah. Wa la ilaha illa'llah. Ma sha'Allah. Wa la quwwata illa billah. Allahumma barik lana fima razaqtana. Waqina adhaba'n-nar.

Yahya related to me from Malik that Yahya ibn Said said that Muhammad ibn Ibrahim at-Taymi had informed him that Abu Salama ibn Abd ar-Rahman said "Abd ar-Rahman ibn al-Aswad ibn Abdal-Yaghuth used to sit with us and he had a white beard and hair. One day he came to us and he had dyed them red, and the people said to him, 'This is better.' He said. 'A'isha the wife of the Prophet, may Allah bless him and grant him peace, sent her slave girl Nukhayla to me yesterday. She swore that my hair would be dyed and she informed me that Abu Bakr as- Siddiq used to dye his hair.' "

Yahya said that he heard Malik say about dyeing the hair black, 'I have not heard anything certain on that, and other colours than that are preferable to me."

Yahya said, "Not to dye at all is permitted, Allah willing, and there is no constraint on people concerning it."

Yahya said that he had heard Malik say, "There is no clear indication in this hadith that the Messenger of Allah, may Allah bless him and grant him peace, did not dye his hair. Had the Messenger of Allah, may Allah bless him and grant him peace, dyed his hair, A'isha would have sent a message to that effect to Abd ar-Rahman ibn al-Aswad."

That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."

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."

Abu Talha had a child who was sick. Once, while Abu Talha was out, the child died. When Abu Talha returned home, he asked, "How does my son fare?" Um Salaim (his wife) replied, "He is quieter than he has ever been." Then she brought supper for him and he took his supper and slept with her. When he had finished, she said (to him), "Bury the child (as he's dead)." Next morning Abu Talha came to Allah's Apostle and told him about that. The Prophet said (to him), "Did you sleep with your wife last night?" Abu Talha said, "Yes". The Prophet said, "O Allah! Bestow your blessing on them as regards that night of theirs." Um Sulaim gave birth to a boy. Abu Talha told me to take care of the child till it was taken to the Prophet. Then Abu Talha took the child to the Prophet and Um Sulaim sent some dates along with the child. The Prophet took the child (on his lap) and asked if there was something with him. The people replied, "Yes, a few dates." The Prophet took a date, chewed it, took some of it out of his mouth, put it into the child's mouth and did Tahnik for him with that, and named him 'Abdullah.

I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O Allah's Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "Onethird of it?" He said, "You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealthy than to leave them poor, asking others for help. And whatever you spend (for Allah's sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah's Apostle! Will I remain behind and fail to complete my emigration?" The Prophet said, "If you are left behind after me, whatever good deeds you will do for Allah's sake, that will upgrade you and raise you high. May be you will have long life so that some people may benefit by you and others (the enemies) be harmed by you." But Allah's Apostle felt sorry for Sa`d bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa`d bin Khaula was a man from the tribe of Bani 'Amir bin Lu'ai.)

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

Yahya related to me from Malik that the best of what he had heard about a man who is forced by necessity to eat carrion is that he ate it until he was full and then he took provision from it. If he found something which would enable him to dispense with it, he threw it away.

Malik when asked whether or not a man who had been forced by necessity to eat carrion, should eat it when he also found the fruit, crops or sheep of a people in that place, answered, "If he thinks that the owners of the fruit, crops, or sheep will believe his necessity so that he will not be deemed a thief and have his hand cut off, then I think that he should eat from whatever he finds that which will remove his hunger but he should not carry any of it away. I prefer that he does that than that he eat carrion. If he fears that he will not be believed, and will be deemed a thief for what he has taken, then I think that it is better for him to eat the carrion, and he has leeway to eat carrion in this respect. Even so, I fear that someone who is not forced by necessity to eat carrion might exceed the limits out of a desire to consume other peoples' property, crops or fruit."

Malik said, "That is the best of what I have heard."

Abu Shuraih said, "When `Amr bin Sa`id was sending the troops to Mecca (to fight `Abdullah bin Az- Zubair) I said to him, 'O chief! Allow me to tell you what the Prophet said on the day following the conquests of Mecca. My ears heard and my heart comprehended, and I saw him with my own eyes, when he said it. He glorified and praised Allah and then said, "Allah and not the people has made Mecca a sanctuary. So anybody who has belief in Allah and the Last Day (i.e. a Muslim) should neither shed blood in it nor cut down its trees. If anybody argues that fighting is allowed in Mecca as Allah's Apostle did fight (in Mecca), tell him that Allah gave permission to His Apostle, but He did not give it to you. The Prophet added: Allah allowed me only for a few hours on that day (of the conquest) and today (now) its sanctity is the same (valid) as it was before. So it is incumbent upon those who are present to convey it (this information) to those who are absent." Abu- Shuraih was asked, "What did `Amr reply?" He said `Amr said, "O Abu Shuraih! I know better than you (in this respect). Mecca does not give protection to one who disobeys (Allah) or runs after committing murder, or theft (and takes refuge in Mecca).

The Prophet used to proceed to the Musalla on the days of Id-ul-Fitr and Id-ul-Adha; the first thing to begin with was the prayer and after that he would stand in front of the people and the people would keep sitting in their rows. Then he would preach to them, advise them and give them orders, (i.e. Khutba). And after that if he wished to send an army for an expedition, he would do so; or if he wanted to give and order, he would do so, and then depart. The people followed this tradition till I went out with Marwan, the Governor of Medina, for the prayer of Id-ul-Adha or Id-ul-Fitr. When we reached the Musalla, there was a pulpit made by Kathir bin As-Salt. Marwan wanted to get up on that pulpit before the prayer. I got hold of his clothes but he pulled them and ascended the pulpit and delivered the Khutba before the prayer. I said to him, "By Allah, you have changed (the Prophet's tradition)." He replied, "O Abu Sa`id! Gone is that which you know." I said, "By Allah! What I know is better than what I do not know." Marwan said, "People do not sit to listen to our Khutba after the prayer, so I delivered the Khutba before the prayer."

Hakim bin Hizam said, "(Once) I asked Allah's Apostle (for something) and he gave it to me. Again I asked and he gave (it to me). Again I asked and he gave (it to me). And then he said, "O Hakim! This property is like a sweet fresh fruit; whoever takes it without greediness, he is blessed in it, and whoever takes it with greediness, he is not blessed in it, and he is like a person who eats but is never satisfied; and the upper (giving) hand is better than the lower (receiving) hand." Hakim added, "I said to Allah's Apostle , 'By Him (Allah) Who sent you with the Truth, I shall never accept anything from anybody after you, till I leave this world.' " Then Abu Bakr (during his caliphate) called Hakim to give him his share from the war booty (like the other companions of the Prophet ), he refused to accept anything. Then `Umar (during his caliphate) called him to give him his share but he refused. On that `Umar said, "O Muslims! I would like you to witness that I offered Hakim his share from this booty and he refused to take it." So Hakim never took anything from anybody after the Prophet till he died.

Abu Shuraih, Al-`Adawi said that he had said to `Amr bin Sa`id when he was sending the troops to Mecca (to fight `Abdullah bin Az-Zubair), "O Chief! Allow me to tell you what Allah's Apostle said on the day following the Conquest of Mecca. My ears heard that and my heart understood it thoroughly and I saw with my own eyes the Prophet when he, after Glorifying and Praising Allah, started saying, 'Allah, not the people, made Mecca a sanctuary, so anybody who has belief in Allah and the Last Day should neither shed blood in it, nor should he cut down its trees. If anybody tells (argues) that fighting in it is permissible on the basis that Allah's Apostle did fight in Mecca, say to him, 'Allah allowed His Apostle and did not allow you.' "Allah allowed me only for a few hours on that day (of the conquest) and today its sanctity is valid as it was before. So, those who are present should inform those who are absent (concerning this fact." Abu Shuraih was asked, "What did `Amr reply?" He said, (`Amr said) 'O Abu Shuraih! I know better than you in this respect Mecca does not give protection to a sinner, a murderer or a thief."

`Umar bin Al-Khattab appointed a freed slave of his, called Hunai, manager of the Hima (i.e. a pasture devoted for grazing the animals of the Zakat or other specified animals). He said to him, "O Hunai! Don't oppress the Muslims and ward off their curse (invocations against you) for the invocation of the oppressed is responded to (by Allah); and allow the shepherd having a few camels and those having a few sheep (to graze their animals), and take care not to allow the livestock of `Abdur-Rahman bin `Auf and the livestock of (`Uthman) bin `Affan, for if their livestock should perish, then they have their farms and gardens, while those who own a few camels and those who own a few sheep, if their livestock should perish, would bring their dependents to me and appeal for help saying, 'O chief of the believers! O chief of the believers!' Would I then neglect them? (No, of course). So, I find it easier to let them have water and grass rather than to give them gold and silver (from the Muslims' treasury). By Allah, these people think that I have been unjust to them. This is their land, and during the prelslamic period, they fought for it and they embraced Islam (willingly) while it was in their possession. By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be ridden for striving in Allah's Cause, I would not have turned even a span of their land into a Hima."

`Abdullah bin `Umar said to me, "Do you know what my father said to your father once?" I said, "No." He said, "My father said to your father, 'O Abu Musa, will it please you that we will be rewarded for our conversion to Islam with Allah's Apostle and our migration with him, and our Jihad with him and all our good deeds which we did, with him, and that all the deeds we did after his death will be disregarded whether good or bad?' Your father (i.e. Abu Musa) said, 'No, by Allah, we took part in Jihad after Allah's Apostle , prayed and did plenty of good deeds, and many people have embraced Islam at our hands, and no doubt, we expect rewards from Allah for these good deeds.' On that my father (i.e. `Umar) said, 'As for myself, By Him in Whose Hand `Umar's soul is, I wish that the deeds done by us at the time of the Prophet remain rewardable while whatsoever we did after the death of the Prophet be enough to save us from Punishment in that the good deeds compensate for the bad ones.' " On that I said (to Ibn `Umar), "By Allah, your father was better than my father!"

On the day of Badr, the Prophet ordered that the corpses of twenty four leaders of Quraish should be thrown into one of the dirty dry wells of Badr. (It was a habit of the Prophet that whenever he conquered some people, he used to stay at the battle-field for three nights. So, on the third day of the battle of Badr, he ordered that his she-camel be saddled, then he set out, and his companions followed him saying among themselves." "Definitely he (i.e. the Prophet) is proceeding for some great purpose." When he halted at the edge of the well, he addressed the corpses of the Quraish infidels by their names and their fathers' names, "O so-and-so, son of so-and-so and O so-and-so, son of so-andso! Would it have pleased you if you had obeyed Allah and His Apostle? We have found true what our Lord promised us. Have you too found true what your Lord promised you? "`Umar said, "O Allah's Apostle! You are speaking to bodies that have no souls!" Allah's Apostle said, "By Him in Whose Hand Muhammad's soul is, you do not hear, what I say better than they do." (Qatada said, "Allah brought them to life (again) to let them hear him, to reprimand them and slight them and take revenge over them and caused them to feel remorseful and regretful.")

My father said, "Allah's Apostle was proceeding at night on one of his journeys and `Umar bin Al- Khattab was going along with him. `Umar bin Al-Khattab asked him (about something) but Allah's Apostle did not answer him. `Umar asked him again, but he did not answer him. He asked him again (for the third time) but he did not answer him. On that `Umar bin Al-Khattab addressed himself saying, "May your mother be bereaved of you, O `Umar, for you have asked Allah's Apostle thrice, yet he has not answered you." `Umar said, "Then I made my camel run fast and took it in front of the other Muslims, and I was afraid that something might be revealed in my connection. I had hardly waited for a moment when I heard somebody calling me. I said, 'I was afraid that something might have been revealed about me.' Then I came to Allah's Apostle and greeted him. He (i.e. the Prophet) said, 'Tonight there has been revealed to me, a Sura which is dearer to me than (all the world) on which the sun rises,' and then he recited: 'Verily! We have granted you (O Muhammad) A manifest victory." (48.1)

Al-Adawi that he said to `Amr bin Sa`id while the latter was sending troops in batches to Mecca, "O chief! Allow me to tell you a statement which Allah's Apostle said on the second day of the Conquest of Mecca. My two ears heard it and my heart remembered it and my two eyes saw him when he said it. He (i.e. the Prophet) praised Allah and then said, 'Mecca has been made a sanctuary by Allah and not by the people, so it is not lawful for a person, who believes in Allah and the Last Day to shed blood in it, or to cut its trees and if someone asks the permission to fight in Mecca because Allah's Apostle was allowed to fight in it, say to him; Allah permitted His Apostle and did not allow you, and even he (i.e. the Apostle) was allowed for a short period of the day, and today its (Mecca's sanctity has become the same as it was before (of old) so those who are present should inform those who are absent (this Hadith)." Then Abu Shuraih, was asked, "What did `Amr say to you? Abu Shuraih said, "He said, "I knew that better than you, O Abu Shuraih! The Haram (i.e. Mecca) does not give refuge to a sinner or a fleeing murderer or a person running away after causing destruction."