When Abu Talib was on his death bed, Allah's Apostle came to him and found with him, Abu Jahl and `Abdullah bin Abi Umaiya bin Al-Mughira. Allah's Apostle said, "O uncle! Say: None has the right to be worshipped except Allah, a sentence with which I will defend you before Allah." On that Abu Jahl and `Abdullah bin Abi Umaiya said to Abu Talib, "Will you now leave the religion of `Abdul Muttalib?" Allah's Apostle kept on inviting him to say that sentence while the other two kept on repeating their sentence before him till Abu Talib said as the last thing he said to them, "I am on the religion of `Abdul Muttalib," and refused to say: None has the right to be worshipped except Allah. On that Allah's Apostle said, "By Allah, I will keep on asking Allah's forgiveness for you unless I am forbidden (by Allah) to do so." So Allah revealed:-- 'It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans.' (9.113) And then Allah revealed especially about Abu Talib:--'Verily! You (O, Muhammad) guide not whom you like, but Allah guides whom He will.' (28.56)

We went out with the Messenger of Allah (saws) accompanying the bier of a man of the Ansar. When we reached his grave, it was not yet dug. So the Messenger of Allah (saws) sat down and we also sat down around him as if birds were over our heads. He had in his hand a stick with which he was scratching the ground.

He then raised his head and said: Seek refuge with Allah from the punishment in the grave. He said it twice or thrice.

The version of Jabir adds here: He hears the beat of their sandals when they go back, and at that moment he is asked: O so and so! Who is your Lord, what is your religion, and who is your Prophet?

Hannad's version says: Two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: My Lord is Allah. They will ask him: What is your religion? He will reply: My religion is Islam. They will ask him: What is your opinion about the man who was sent on a mission among you? He will reply: He is the Messenger of Allah (saws). They will ask: Who made you aware of this? He will reply: I read Allah's Book, believed in it, and considered it true; which is verified by Allah's words: "Allah's Book, believed in it, and considered it true, which is verified by Allah's words: "Allah establishes those who believe with the word that stands firm in this world and the next."

The agreed version reads: Then a crier will call from Heaven: My servant has spoken the truth, so spread a bed for him from Paradise, clothe him from Paradise, and open a door for him into Paradise. So some of its air and perfume will come to him, and a space will be made for him as far as the eye can see.

He also mentioned the death of the infidel, saying: His spirit will be restored to his body, two angels will come to him, make him sit up and ask him: Who is your Lord?

He will reply: Alas, alas! I do not know. They will ask him: What is your religion? He will reply: Alas, alas! I do not know. They will ask: Who was the man who was sent on a mission among you? He will reply: Alas, alas! I do not know. Then a crier will call from Heaven: He has lied, so spread a bed for him from Hell, clothe him from Hell, and open for him a door into Hell. Then some of its heat and pestilential wind will come to him, and his grave will be compressed, so that his ribs will be crushed together.

Jabir's version ...

I asked `Aisha : "How do you interpret the statement of Allah,. : Verily! (the mountains) As-Safa and Al-Marwa are among the symbols of Allah, and whoever performs the Hajj to the Ka`ba or performs `Umra, it is not harmful for him to perform Tawaf between them (Safa and Marwa.) (2.158). By Allah! (it is evident from this revelation) there is no harm if one does not perform Tawaf between Safa and Marwa." `Aisha said, "O, my nephew! Your interpretation is not true. Had this interpretation of yours been correct, the statement of Allah should have been, 'It is not harmful for him if he does not perform Tawaf between them.' But in fact, this divine inspiration was revealed concerning the Ansar who used to assume lhram for worship ping an idol called "Manat" which they used to worship at a place called Al-Mushallal before they embraced Islam, and whoever assumed Ihram (for the idol), would consider it not right to perform Tawaf between Safa and Marwa. When they embraced Islam, they asked Allah's Apostle (p.b.u.h) regarding it, saying, "O Allah's Apostle! We used to refrain from Tawaf between Safa and Marwa." So Allah revealed: 'Verily; (the mountains) As-Safa and Al-Marwa are among the symbols of Allah.' " Aisha added, "Surely, Allah's Apostle set the tradition of Tawaf between Safa and Marwa, so nobody is allowed to omit the Tawaf between them." Later on I (`Urwa) told Abu Bakr bin `Abdur-Rahman (of `Aisha's narration) and he said, 'I have not heard of such information, but I heard learned men saying that all the people, except those whom `Aisha mentioned and who used to assume lhram for the sake of Manat, used to perform Tawaf between Safa and Marwa. When Allah referred to the Tawaf of the Ka`ba and did not mention Safa and Marwa in the Qur'an, the people asked, 'O Allah's Apostle! We used to perform Tawaf between Safa and Marwa and Allah has revealed (the verses concerning) Tawaf of the Ka`ba and has not mentioned Safa and Marwa. Is there any harm if we perform Tawaf between Safa and Marwa?' So Allah revealed: "Verily As-Safa and Al- Marwa are among the symbols of Allah." Abu Bakr said, "It seems that this verse was revealed concerning the two groups, those who used to refrain from Tawaf between Safa and Marwa in the Pre- Islamic Period of ignorance and those who used to perform the Tawaf then, and after embracing Islam they refrained from the Tawaf between them as Allah had enjoined Tawaf of the Ka`ba and did not ...

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."

Malik ...

`Umar bin Al-Khattab set out with Allah's Apostle, and a group of his companions to Ibn Saiyad. They found him playing with the boys in the fort or near the Hillocks of Bani Maghala. Ibn Saiyad was nearing his puberty at that time, and he did not notice the arrival of the Prophet till Allah's Apostle stroked him on the back with his hand and said, "Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Apostle of the unlettered ones (illiterates)". Then Ibn Saiyad said to the Prophets . "Do you testify that I am Allah's Apostle?" The Prophet denied that, saying, "I believe in Allah and all His Apostles," and then said to Ibn Saiyad, "What do you see?" Ibn Saiyad said, "True people and liars visit me." The Prophet said, "You have been confused as to this matter." Allah's Apostle added, "I have kept something for you (in my mind)." Ibn Saiyad said, "Ad-Dukh." The Prophet said, "Ikhsa (you should be ashamed) for you can not cross your limits." `Umar said, "O Allah's Apostle! Allow me to chop off h is neck." Allah's Apostle said (to `Umar). "Should this person be him (i.e. Ad-Dajjal) then you cannot over-power him; and should he be someone else, then it will be no use your killing him." `Abdullah bin `Umar added: Later on Allah's Apostle and Ubai bin Ka`b Al-Ansari (once again) went to the garden in which Ibn Saiyad was present. When Allah's Apostle entered the garden, he started hiding behind the trunks of the date-palms intending to hear something from Ibn Saiyad before the latter could see him. Ibn Saiyad was Lying on his bed, covered with a velvet sheet from where his mumur were heard. Ibn Saiyad's mother saw the Prophet and said, "O Saf (the nickname of Ibn Saiyad)! Here is Muhammad!" Ibn Saiyad stopped his murmuring. The Prophet said, "If his mother had kept quiet, then I would have learnt more about him." `Abdullah added: Allah's Apostle stood up before the people (delivering a sermon), and after praising and glorifying Allah as He deserved, he mentioned the Ad-Dajjal saying, "I warn you against him, and there has been no prophet but warned his followers against him. Noah warned his followers against him but I am telling you about him, something which no prophet has told his people of, and that is: Know that he is blind in one eye where as Allah is not so."

(the wife of the Prophet) Allah's Apostle died while Abu Bakr was at a place called As-Sunah (Al-'Aliya) 'Umar stood up and said, "By Allah! Allah's Apostle is not dead!" 'Umar (later on) said, "By Allah! Nothing occurred to my mind except that." He said, "Verily! Allah will resurrect him and he will cut the hands and legs of some men." Then Abu Bakr came and uncovered the face of Allah's Apostle, kissed him and said, "Let my mother and father be sacrificed for you, (O Allah's Apostle), you are good in life and in death. By Allah in Whose Hands my life is, Allah will never make you taste death twice." Then he went out and said, "O oath-taker! Don't be hasty." When Abu Bakr spoke, 'Umar sat down. Abu Bakr praised and glorified Allah and said, No doubt! Whoever worshipped Muhammad, then Muhammad is dead, but whoever worshipped Allah, then Allah is Alive and shall never die." Then he recited Allah's Statement.:-- "(O Muhammad) Verily you will die, and they also will die." (39.30) He also recited:--

"Muhammad is no more than an Apostle; and indeed many Apostles have passed away, before him, If he dies Or is killed, will you then Turn back on your heels? And he who turns back On his heels, not the least Harm will he do to Allah And Allah will give reward to those Who are grateful." (3.144)

The people wept loudly, and the Ansar were assembled with Sad bin 'Ubada in the shed of Bani Saida. They said (to the emigrants). "There should be one 'Amir from us and one from you." Then Abu Bakr, Umar bin Al-Khattab and Abu 'baida bin Al-Jarrah went to them. 'Umar wanted to speak but Abu Bakr stopped him. 'Umar later on used to say, "By Allah, I intended only to say something that appealed to me and I was afraid that Abu Bakr would not speak so well. Then Abu Bakr spoke and his speech was very eloquent. He said in his statement, "We are the rulers and you (Ansars) are the ministers (i.e. advisers)," Hubab bin Al-Mundhir said, "No, by Allah we won't accept this. But there must be a ruler from us and a ruler from you." Abu Bakr said, "No, we will be the rulers and you will be the ministers, for they (i.e. Quarish) are the best family amongst the 'Arabs and of best origin. So you should elect either 'Umar or Abu 'Ubaida bin Al-Jarrah as your ruler." 'Umar said (to Abu Bakr), "No but we elect you, for you are our chief and the best amongst us and the most beloved of all of us to Allah's Apostle." So 'Umar took Abu Bakr's hand and gave the pledge ...

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) ...

It was narrated that Ibn Ya’mar said: I asked Ibn `Umar-or a man asked him: We travel in this land and we meet people who say, There is no qadar (divine decree), Ibn `Umar said: If you meet those people, tell them that ‘Abdullah bin `Umar has nothing to do with them and they have nothing to do with him - he said it three times. Then he told ...

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take ...

Ibn ‘Abbas said “Hilal bin Umayyah was one of the three persons whose repentance was accepted by Allaah. One night he returned from his land and found a man along with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning.” Next day he went to the Apostle of Allaah(saws) in the morning and said Apostle of Allaah(saws) “I came to my wife in the night and found a man along with her. I saw with my own eyes and heard with my own ears. The Apostle of Allaah(saws) disliked what he described and he took it seriously. There upon the following Qur’anic verse came down “And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them ....” When the Apostle of Allaah(saws) came to himself (after the revelation ended) he said “Glad tidings to you Hilal, Allaah the exalted has made ease and a way out for you.” Hilal said “I expected that from my Lord. The Apostle of Allaah(saws) said “Send for her. She then came.” The Apostle of Allaah(saws) recited the verses to them and he reminded them and told them that the punishment in the next world was more severe than that in n this world. Hilal said “I swear by Allah I spoke the truth against her.” She said “He told a lie.” The Apostle of Allaah(saws) said “Apply the method of invoking curses on one another. Hilal was told “Bear witness. So he bore witness before Allaah four times that he spoke the truth.” When he was about to utter the fifth time he was told “Hilal fear Allah, for the punishment in this world is easier than that in the next world and this is the deciding one, that will surely cause punishment to you.” He said “I swear by Allaah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act).” So he bore witness a fifth time invoking the curse of Allah on him if he was of those who tell a lie. Then the people said to her, Testify. So she gave testimony before Allaah that he was a liar. When she was going to testify the fifth time she was told “Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you.” She hesitated for a moment. And then said “By Allah, I will not disgrace my people.” So she testified a fifth time invoking the curse of Allah on her if he spoke the truth. Apostle of Allaah(saws) separated them from each other and ...

The Prophet sent a Sariya of spies and appointed `Asim bin Thabit, the grandfather of `Asim bin `Umar bin Al-Khattab, as their leader. So they set out, and when they reached (a place) between 'Usfan and Mecca, they were mentioned to one of the branch tribes of Bani Hudhail called Lihyan. So, about one-hundred archers followed their traces till they (i.e. the archers) came to a journey station where they (i.e. `Asim and his companions) had encamped and found stones of dates they had brought as journey food from Medina. The archers said, "These are the dates of Medina," and followed their traces till they took them over. When `Asim and his companions were not able to go ahead, they went up a high place, and their pursuers encircled them and said, "You have a covenant and a promise that if you come down to us, we will not kill anyone of you." `Asim said, "As for me, I will never come down on the security of an infidel. O Allah! Inform Your Prophet about us." So they fought with them till they killed `Asim along with seven of his companions with arrows, and there remained Khubaib, Zaid and another man to whom they gave a promise and a covenant. So when the infidels gave them the covenant and promise, they came down. When they captured them, they opened the strings of their arrow bows and tied them with it. The third man who was with them said, "This is the first breach in the covenant," and refused to accompany them. They dragged him and tried to make him accompany them, but he refused, and they killed him. Then they proceeded on taking Khubaib and Zaid till they sold them in Mecca. The sons of Al-Harith bin `Amr bin Naufal bought Khubaib. It was Khubaib who had killed Al-Harith bin `Amr on the day of Badr. Khubaib stayed with them for a while as a captive till they decided unanimously to kill him. (At that time) Khubaib borrowed a razor from one of the daughters of Al- Harith to shave his pubic hair. She gave it to him. She said later on, "I was heedless of a little baby of mine, who moved towards Khubaib, and when it reached him, he put it on his thigh. When I saw it, I got scared so much that Khubaib noticed my distress while he was carrying the razor in his hand. He said 'Are you afraid that I will kill it? Allah willing, I will never do that,' " Later on she used to say, "I have never seen a captive better than Khubaib Once I saw him eating from a bunch of grapes although at that time no fruits were available ...

I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?

When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was ...

The commencement of the Divine Inspiration to Allah's Apostle was in the form of good righteous (true) dreams in his sleep. He never had a dream but that it came true like bright day light. He used to go in seclusion (the cave of) Hira where he used to worship(Allah Alone) continuously for many (days) nights. He used to take with him the journey food for that (stay) and then come back to (his wife) Khadija to take his food like-wise again for another period to stay, till suddenly the Truth descended upon him while he was in the cave of Hira. The angel came to him in it and asked him to read. The Prophet replied, "I do not know how to read." (The Prophet added), "The angel caught me (forcefully) and pressed me so hard that I could not bear it anymore. He then released me and again asked me to read, and I replied, "I do not know how to read," whereupon he caught me again and pressed me a second time till I could not bear it anymore. He then released me and asked me again to read, but again I replied, "I do not know how to read (or, what shall I read?)." Thereupon he caught me for the third time and pressed me and then released me and said, "Read: In the Name of your Lord, Who has created (all that exists). Has created man from a clot. Read and Your Lord is Most Generous...up to..... ..that which he knew not." (96.15) Then Allah's Apostle returned with the Inspiration, his neck muscles twitching with terror till he entered upon Khadija and said, "Cover me! Cover me!" They covered him till his fear was over and then he said, "O Khadija, what is wrong with me?" Then he told her everything that had happened and said, 'I fear that something may happen to me." Khadija said, 'Never! But have the glad tidings, for by Allah, Allah will never disgrace you as you keep good reactions with your Kith and kin, speak the truth, help the poor and the destitute, serve your guest generously and assist the deserving, calamityafflicted ones." Khadija then accompanied him to (her cousin) Waraqa bin Naufal bin Asad bin `Abdul `Uzza bin Qusai. Waraqa was the son of her paternal uncle, i.e., her father's brother, who during the Pre-Islamic Period became a Christian and used to write the Arabic writing and used to write of the Gospels in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said to him, "O my cousin! Listen to the story of your nephew." Waraqa asked, "O my nephew! What have you ...

Yahya related to me from Malik from a reliable source from Amr ibn Shuayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which nonrefundable deposits were paid.

Malik said, "That is, in our opinion, but Allah knows best, that for instance, a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment of the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability on your part.' "

Malik said, "According to the way of doing things with us there is nothing wrong in bartering an arabic speaking merchant slave for abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness, and know-how. There is nothing wrong in bartering one slave like this for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, "There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from some one other than the original owner."

Malik said, "An addition to the price must not be made for a foetus in the womb of its mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that if the seller regretted the sale there was nothing wrong in him asking the buyer to revoke it for ten dinars which he would pay him immediately or after a period and he would forgo his right to the hundred dinars which he was owed.

Malik said, "However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on ...

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 ...

I said to Ibn `Abbas, "Nauf-Al-Bakali claims that Moses (the companion of Khadir) was not the Moses of Bani Israel but he was another Moses." Ibn `Abbas remarked that the enemy of Allah (Nauf) was a liar.

Narrated Ubai bin Ka`b:

The Prophet said, "Once the Prophet Moses stood up and addressed Bani Israel. He was asked, "Who is the most learned man amongst the people. He said, "I am the most learned." Allah admonished Moses as he did not attribute absolute knowledge to Him (Allah). So Allah inspired to him "At the junction of the two seas there is a slave amongst my slaves who is more learned than you." Moses said, "O my Lord! How can I meet him?" Allah said: Take a fish in a large basket (and proceed) and you will find him at the place where you will lose the fish. So Moses set out along with his (servant) boy, Yusha` bin Noon and carried a fish in a large basket till they reached a rock, where they laid their heads (i.e. lay down) and slept. The fish came out of the basket and it took its way into the sea as in a tunnel. So it was an amazing thing for both Moses and his (servant) boy. They proceeded for the rest of that night and the following day. When the day broke, Moses said to his (servant) boy: "Bring us our early meal. No doubt, we have suffered much fatigue in this journey." Moses did not get tired till he passed the place about which he was told. There the (servant) boy told Moses, "Do you remember when we betook ourselves to the rock, I indeed forgot the fish." Moses remarked, "That is what we have been seeking. So they went back retracing their footsteps, till they reached the rock. There they saw a man covered with a garment (or covering himself with his own garment). Moses greeted him. Al-Khadir replied saying, "How do people greet each other in your land?" Moses said, "I am Moses." He asked, "The Moses of Bani Israel?" Moses replied in the affirmative and added, "May I follow you so that you teach me of that knowledge which you have been taught." Al-Khadir replied, "Verily! You will not be able to remain patient with me, O Moses! I have some of the knowledge of Allah which He has taught me and which you do not know, while you have some knowledge which Allah has taught you which I do not know." Moses said, "Allah willing, you will find me patient and I will disobey no order of yours. So both of them set out walking along the seashore, as they did not have a boat. In the meantime ...

I proceeded till I entered upon `Umar (and while I was sitting there), his gate-keeper Yarfa came to him and said, " `Uthman, `Abdur-Rahman, Az-Zubair and Sa`d ask your permission to come in." `Umar allowed them. So they entered, greeted, and sat down. (After a while the gatekeeper came) and said, "Shall I admit `Ali and `Abbas?'' `Umar allowed them to enter. Al-`Abbas said "O Chief of the believers! Judge between me and the oppressor (`Ali)." Then there was a dispute (regarding the property of Bani Nadir) between them (`Abbas and `Ali). `Uthman and his companions said, "O Chief of the Believers! Judge between them and relieve one from the other." `Umar said, "Be patient! beseech you by Allah, with Whose permission the Heaven and the Earth Exist! Do you know that Allah's Apostle said, 'Our property is not to be inherited, and whatever we leave is to be given in charity,' and by this Allah's Apostle meant himself?" On that the group said, "He verily said so." `Umar then faced `Ali and `Abbas and said, "I beseech you both by Allah, do you both know that Allah's Apostle said so?" They both replied, "Yes". `Umar then said, "Now I am talking to you about this matter (in detail) . Allah favored Allah's Apostle with some of this wealth which He did not give to anybody else, as Allah said: 'What Allah bestowed as Fai (Booty on His Apostle for which you made no expedition... ' (59.6) So that property was totally meant for Allah's Apostle, yet he did not collect it and ignore you, nor did he withhold it with your exclusion, but he gave it to you and distributed it among you till this much of it was left behind, and the Prophet, used to spend of this as the yearly expenditures of his family and then take what remained of it and spent it as he did with (other) Allah's wealth. The Prophet did so during all his lifetime, and I beseech you by Allah, do you know that?" They replied, "Yes." `Umar then addressed `Ali and `Abbas, saying, "I beseech you both by Allah, do you know that?" Both of them replied, "Yes." `Umar added, "Then Allah took His Apostle unto Him. Abu Bakr then said 'I am the successor of Allah's Apostle' and took over all the Prophet's property and disposed of it in the same way as Allah's Apostle used to do, and you were present then." Then he turned to `Ali and `Abbas and said, "You both claim that Abu Bakr did so-and-so in managing the property, but Allah knows that Abu Bakr was honest, righteous, ...

For the whole year I had the desire to ask `Umar bin Al-Khattab regarding the explanation of a Verse (in Surat Al-Tahrim) but I could not ask him because I respected him very much. When he went to perform the Hajj, I too went along with him. On our return, while we were still on the way home. `Umar went aside to answer the call of nature by the Arak trees. I waited till he finished and then I proceeded with him and asked him. "O chief of the Believers! Who were the two wives of the Prophet who aided one another against him?" He said, "They were Hafsa and `Aisha." Then I said to him, "By Allah, I wanted to ask you about this a year ago, but I could not do so owing to my respect for you." `Umar said, "Do not refrain from asking me. If you think that I have knowledge (about a certain matter), ask me; and if I know (something about it), I will tell you." Then `Umar added, "By Allah, in the Pre-lslamic Period of Ignorance we did not pay attention to women until Allah revealed regarding them what He revealed regarding them and assigned for them what He has assigned. Once while I was thinking over a certain matter, my wife said, "I recommend that you do so-and-so." I said to her, "What have you got to do with the is matter? Why do you poke your nose in a matter which I want to see fulfilled.?" She said, How strange you are, O son of Al-Khattab! You don't want to be argued with whereas your daughter, Hafsa surely, argues with Allah's Apostle so much that he remains angry for a full day!" `Umar then reported; how he at once put on his outer garment and went to Hafsa and said to her, "O my daughter! Do you argue with Allah's Apostle so that he remains angry the whole day?" H. afsa said, "By Allah, we argue with him." `Umar said, "Know that I warn you of Allah's punishment and the anger of Allah's Apostle . . . O my daughter! Don't be betrayed by the one who is proud of her beauty because of the love of Allah's Apostle for her (i.e. `Aisha)." `Umar addled, "Then I went out to Um Salama's house who was one of my relatives, and I talked to her. She said, O son of Al-Khattab! It is rather astonishing that you interfere in everything; you even want to interfere between Allah's Apostle and his wives!' By Allah, by her talk she influenced me so much that I lost some of my anger. I left her (and went home). At that time I had a friend from the Ansar who used to bring news (from the Prophet) in case of my absence, and I used ...

We said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you have any difficulty in seeing the sun and the moon when the sky is clear?" We said, "No." He said, "So you will have no difficulty in seeing your Lord on that Day as you have no difficulty in seeing the sun and the moon (in a clear sky)." The Prophet then said, "Somebody will then announce, 'Let every nation follow what they used to worship.' So the companions of the cross will go with their cross, and the idolators (will go) with their idols, and the companions of every god (false deities) (will go) with their god, till there remain those who used to worship Allah, both the obedient ones and the mischievous ones, and some of the people of the Scripture. Then Hell will be presented to them as if it were a mirage. Then it will be said to the Jews, "What did you use to worship?' They will reply, 'We used to worship Ezra, the son of Allah.' It will be said to them, 'You are liars, for Allah has neither a wife nor a son. What do you want (now)?' They will reply, 'We want You to provide us with water.' Then it will be said to them 'Drink,' and they will fall down in Hell (instead). Then it will be said to the Christians, 'What did you use to worship?'

They will reply, 'We used to worship Messiah, the son of Allah.' It will be said, 'You are liars, for Allah has neither a wife nor a son. What: do you want (now)?' They will say, 'We want You to provide us with water.' It will be said to them, 'Drink,' and they will fall down in Hell (instead). When there remain only those who used to worship Allah (Alone), both the obedient ones and the mischievous ones, it will be said to them, 'What keeps you here when all the people have gone?' They will say, 'We parted with them (in the world) when we were in greater need of them than we are today, we heard the call of one proclaiming, 'Let every nation follow what they used to worship,' and now we are waiting for our Lord.' Then the Almighty will come to them in a shape other than the one which they saw the first time, and He will say, 'I am your Lord,' and they will say, 'You are not our Lord.' And none will speak: to Him then but the Prophets, and then it will be said to them, 'Do you know ...

Some (cooked) meat was brought to Allah Apostle and the meat of a forearm was presented to him as he used to like it. He ate a morsel of it and said, "I will be the chief of all the people on the Day of Resurrection. Do you know the reason for it? Allah will gather all the human being of early generations as well as late generation on one plain so that the announcer will be able to make them all-hear his voice and the watcher will be able to see all of them. The sun will come so close to the people that they will suffer such distress and trouble as they will not be able to bear or stand. Then the people will say, 'Don't you see to what state you have reached? Won't you look for someone who can intercede for you with your Lord' Some people will say to some others, 'Go to Adam.' So they will go to Adam and say to him. 'You are the father of mankind; Allah created you with His Own Hand, and breathed into you of His Spirit (meaning the spirit which he created for you); and ordered the angels to prostrate before you; so (please) intercede for us with your Lord. Don't you see in what state we are? Don't you see what condition we have reached?' Adam will say, 'Today my Lord has become angry as He has never become before, nor will ever become thereafter. He forbade me (to eat of the fruit of) the tree, but I disobeyed Him . Myself! Myself! Myself! (I am preoccuied with my own problems). Go to someone else; go to Noah.' So they will go to Noah and say (to him), 'O Noah! You are the first (of Allah's Messengers) to the people of the earth, and Allah has named you a thankful slave; please intercede for us with your Lord. Don't you see in what state we are?' He will say.' Today my Lord has become angry as He has never become nor will ever become thereafter. I had (in the world) the right to make one definitely accepted invocation, and I made it against my nation. Myself! Myself! Myself! Go to someone else; go to Abraham.' They will go to Abraham and say, 'O Abraham! You are Allah's Apostle and His Khalil from among the people of the earth; so please intercede for us with your Lord. Don't you see in what state we are?' He will say to them, 'My Lord has today become angry as He has never become before, nor will ever become thereafter. I had told three lies (Abu Haiyan (the sub-narrator) mentioned them in the Hadith) Myself! Myself! Myself! Go to someone else; go to Moses.' The people will then go to Moses and say, ...

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number ...

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I ...

I said to Ibn `Abbas, "Nauf Al-Bikali claims that Moses, the companion of Al-Khadir was not the Moses of the children of Israel" Ibn `Abbas said, "The enemy of Allah (Nauf) told a lie." Narrated Ubai bin Ka`b that he heard Allah's Apostle saying, "Moses got up to deliver a speech before the children of Israel and he was asked, Who is the most learned person among the people?' Moses replied, 'I (am the most learned).' Allah admonished him for he did not ascribe knowledge to Allah alone. So Allah revealed to him: 'At the junction of the two seas there is a slave of Ours who is more learned than you.' Moses asked, 'O my Lord, how can I meet him?' Allah said, 'Take a fish and put it in a basket (and set out), and where you, will lose the fish, you will find him.' So Moses (took a fish and put it in a basket and) set out, along with his boy-servant Yusha` bin Noon, till they reached a rock (on which) they both lay their heads and slept. The fish moved vigorously in the basket and got out of it and fell into the sea and there it took its way through the sea (straight) as in a tunnel). (18.61) Allah stopped the current of water on both sides of the way created by the fish, and so that way was like a tunnel. When Moses got up, his companion forgot to tell him about the fish, and so they carried on their journey during the rest of the day and the whole night. The next morning Moses asked his boy-servant 'Bring us our early meal; no doubt, we have suffered much fatigue in this journey of ours.' (18.62) Moses did not get tired till he had passed the place which Allah had ordered him to seek after. His boy-servant then said to him,' 'Do you remember when we be-took ourselves to the rock I indeed forgot the fish, none but Satan made me forget to remember it. It took its course into the sea in a marvelous way.' (18.63) There was a tunnel for the fish and for Moses and his boy-servant there was astonishment. Moses said, 'That is what we have been seeking'. So they went back retracing their footsteps. (18.64) They both returned, retracing their steps till they reached the rock. Behold ! There they found a man covered with a garment. Moses greeted him. Al-Khadir said astonishingly. 'Is there such a greeting in your land?' Moses said, 'I am Moses.' He said, 'Are you the Moses of the children of Israel?' Moses said, 'I have come to you so that you may teach me of what you have been taught. Al-Khadir said, 'You will not ...

While I was at home, the sun rose high and it got hot. Suddenly the messenger of `Umar bin Al- Khattab came to me and said, "The chief of the believers has sent for you." So, I went along with him till I entered the place where `Umar was sitting on a bedstead made of date-palm leaves and covered with no mattress, and he was leaning over a leather pillow. I greeted him and sat down. He said, "O Mali! Some persons of your people who have families came to me and I have ordered that a gift should be given to them, so take it and distribute it among them." I said, "O chief of the believers! I wish that you order someone else to do it." He said, "O man! Take it." While I was sitting there with him, his doorman Yarfa' came saying, "`Uthman, `Abdur-Rahman bin `Auf, Az-Zubair and Sa`d bin Abi Waqqas are asking your permission (to see you); may I admit them?" `Umar said, "Yes", So they were admitted and they came in, greeted him, and sat down. After a while Yarfa' came again and said, "May I admit `Ali and `Abbas?" `Umar said, "yes." So, they were admitted and they came in and greeted (him) and sat down. Then `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali)." They had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai. The group (i.e. `Uthman and his companions) said, "O chief of the believers! Judge between them and relieve both of them front each other." `Umar said, "Be patient! I beseech you by Allah by Whose Permission the Heaven and the Earth exist, do you know that Allah's Apostle said, 'Our (i.e. prophets') property will not be inherited, and whatever we leave, is Sadaqa (to be used for charity),' and Allah's Apostle meant himself (by saying "we'')?" The group said, "He said so." `Umar then turned to `Ali and `Abbas and said, "I beseech you by Allah, do you know that Allah's Apostle said so?" They replied, " He said so." `Umar then said, "So, I will talk to you about this matter. Allah bestowed on His Apostle with a special favor of something of this Fai (booty) which he gave to nobody else." `Umar then recited the Holy Verses: "What Allah bestowed as (Fai) Booty on his Apostle (Muhammad) from them --- for this you made no expedition with either cavalry or camelry: But Allah gives power to His Apostles over whomever He will 'And Allah is able to do all things." 9:6) `Umar added "So this property was especially given to Allah's Apostle, ...

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik ...

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and ...

The night Allah's Apostle was taken for a journey from the sacred mosque (of Mecca) Al-Ka`ba: Three persons came to him (in a dreamy while he was sleeping in the Sacred Mosque before the Divine Inspiration was revealed to Him. One of them said, "Which of them is he?" The middle (second) angel said, "He is the best of them." The last (third) angle said, "Take the best of them." Only that much happened on that night and he did not see them till they came on another night, i.e. after The Divine Inspiration was revealed to him. (Fath-ul-Bari Page 258, Vol. 17) and he saw them, his eyes were asleep but his heart was not----and so is the case with the prophets: their eyes sleep while their hearts do not sleep. So those angels did not talk to him till they carried him and placed him beside the well of Zamzam. From among them Gabriel took charge of him. Gabriel cut open (the part of his body) between his throat and the middle of his chest (heart) and took all the material out of his chest and `Abdomen and then washed it with Zamzam water with his own hands till he cleansed the inside of his body, and then a gold tray containing a gold bowl full of belief and wisdom was brought and then Gabriel stuffed his chest and throat blood vessels with it and then closed it (the chest). He then ascended with him to the heaven of the world and knocked on one of its doors. The dwellers of the Heaven asked, 'Who is it?' He said, "Gabriel." They said, "Who is accompanying you?" He said, "Muhammad." They said, "Has he been called?" He said, "Yes" They said, "He is welcomed." So the dwellers of the Heaven became pleased with his arrival, and they did not know what Allah would do to the Prophet on earth unless Allah informed them. The Prophet met Adam over the nearest Heaven. Gabriel said to the Prophet, "He is your father; greet him." The Prophet greeted him and Adam returned his greeting and said, "Welcome, O my Son! O what a good son you are!" Behold, he saw two flowing rivers, while he was in the nearest sky. He asked, "What are these two rivers, O Gabriel?" Gabriel said, "These are the sources of the Nile and the Euphrates." Then Gabriel took him around that Heaven and behold, he saw another river at the bank of which there was a palace built of pearls and emerald. He put his hand into the river and found its mud like musk Adhfar. He asked, "What is this, O Gabriel?" Gabriel said, "This is the Kauthar which your Lord has ...

The nephew of Suraqa bin Ju'sham said that his father informed him that he heard Suraqa bin Ju'sham saying, "The messengers of the heathens of Quraish came to us declaring that they had assigned for the persons why would kill or arrest Allah's Apostle and Abu Bakr, a reward equal to their bloodmoney. While I was sitting in one of the gatherings of my tribe. Bani Mudlij, a man from them came to us and stood up while we were sitting, and said, "O Suraqa! No doubt, I have just seen some people far away on the seashore, and I think they are Muhammad and his companions." Suraqa added, "I too realized that it must have been they. But I said 'No, it is not they, but you have seen so-and-so, and so-and-so whom we saw set out.' I stayed in the gathering for a while and then got up and left for my home. and ordered my slave-girl to get my horse which was behind a hillock, and keep it ready for me.

Then I took my spear and left by the back door of my house dragging the lower end of the spear on the ground and keeping it low. Then I reached my horse, mounted it and made it gallop. When I approached them (i.e. Muhammad and Abu Bakr), my horse stumbled and I fell down from it, Then I stood up, got hold of my quiver and took out the divining arrows and drew lots as to whether I should harm them (i.e. the Prophet and Abu Bakr) or not, and the lot which I disliked came out. But I remounted my horse and let it gallop, giving no importance to the divining arrows. When I heard the recitation of the Quran by Allah's Apostle who did not look hither and thither while Abu Bakr was doing it often, suddenly the forelegs of my horse sank into the ground up to the knees, and I fell down from it. Then I rebuked it and it got up but could hardly take out its forelegs from the ground, and when it stood up straight again, its fore-legs caused dust to rise up in the sky like smoke. Then again I drew lots with the divining arrows, and the lot which I disliked, came out. So I called upon them to feel secure. They stopped, and I remounted my horse and went to them. When I saw how I had been hampered from harming them, it came to my mind that the cause of Allah's Apostle (i.e. Islam) will become victorious. So I said to him, "Your people have assigned a reward equal to the bloodmoney for your head." Then I told them all the plans the people of Mecca had made concerning them. Then I offered them some journey food and goods but they refused to take anything and did not ask for ...

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is ...

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...