Malik related to me from Abdullah ibn Abi Bakr that Abu Talha al- Ansari was praying in his garden when a wild pigeon flew in and began to fly to and fro trying to find a way out. The sight was pleasing to him and he let his eyes follow the bird for a time and then he went back to his prayer but could not remember how much he had prayed. He said, "A trial has befallen me in this property of mine." So he came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned the trial that had happened to him in his garden and said, "Messenger of Allah, it is a sadaqa for Allah, so dispose of it wherever you wish."

Allah's Apostle took an oath that he would not go to his wives for one month as his foot had been sprained. He stayed in an upper room when `Umar went to him and said, "Have you divorced your wives?" He said, "No, but I have taken an oath that I would not go to them for one month." The Prophet stayed there for twenty-nine days, and then came down and went to his wives.

I heard Allah's Apostle saying, "All of you are guardians and responsible for your charges: the Ruler (i.e. Imam) is a guardian and responsible for his subjects; and a man is a guardian of his family and is responsible for his charges; and a lady is a guardian in the house of her husband and is responsible for her charge; and a servant is a guardian of the property of his master and is responsible for his charge." I think he also said, "And a man is a guardian of the property of his father."

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

I went to the Prophet along with a group of Al-Ash`ariyin in order to request him to provide us with mounts. He said, "By Allah, I will not provide you with mounts and I haven't got anything to mount you on." Then we stayed there as long as Allah wished us to stay, and then three very nice looking she-camels were brought to him and he made us ride them. When we left, we, or some of us, said, "By Allah, we will not be blessed, as we came to the Prophet asking him for mounts, and he swore that he would not give us any mounts but then he did give us. So let us go back to the Prophet and remind him (of his oath)." When we returned to him (and reminded him of the fact), he said, "I did not give you mounts, but it is Allah Who gave you. By Allah, Allah willing, if I ever take an oath to do something and then I find something else than the first, I will make expiation for my oath and do the thing which is better (or do something which is better and give the expiation for my oath).

I asked Mujahid regarding the prostration in Surat Sa`d. He said, "I asked Ibn `Abbas, 'What evidence makes you prostrate?' He said, "Don't you recite:--'And among his progeny, David and Solomon..(6.84). Those are they whom Allah had guided. So follow their guidance.' (6.90) So David was the one of those prophets whom Prophet (Muhammad) was ordered to follow. David prostrated, so Allah's Apostle (Muhammad) performed this prostration too.'

The Prophet (saws) said: Beautify the Qur'an with your voices.

[He said:] There are narrations on this topic from 'Aishah, from 'Abdullah bin 'Umar, and Asma' bint Yazid.

[Abu 'Eisa said:] This Hadith is Hasan Sahih, we do not know of it except as a narration of Muhammad bin Al-Munkadir.

Sufyan Ath-Thawri, Malik bin Anas, and others reported this Hadith from Muhammad bin Al-Munkadir similarly. He said: I asked Muhammad about this Hadith and he said: "I am not aware of a Hadith other than this from Umaimah bint Ruqaiqah." There is another woman named Umaimah who narrated from the Messenger of Allah (saws).

`Abdullah (bin Mas`ud) said, "Whoever takes a (false) oath in order to grab some property (unjustly), Allah will be angry with him when he will meet Him. Allah confirmed that through His Divine Revelation: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . they will have a painful punishment." (3.77) Al-Ash'ath bin Qais came to us and asked, 'What is Abu `Abdur-Rahman (i.e. `Abdullah) telling you? 'We told him what he was narrating to us. He said, 'He was telling the truth; this Divine Verse was revealed in connection with me. There was a dispute between me and another man about something and the case was filed before Allah's Apostle who said, 'Produce your two witnesses or else the defendant is to take an oath.' I said, The defendant will surely take a (false) oath caring for nothing.' The Prophet said, 'Whoever takes a false oath in order to grab (other's) property, then Allah will be angry with him when he will meet Him.' Then Allah revealed its confirmation. Al-Ashath then recited the above Divine Verse." (3.77)

Abu Dawud said: But al-Walid has narrated this tradition from Dhu Mikhbar from the Prophet (saws).

Abu Dawud said: Rawh, Yahya bin Hamzah and Bishr bin Bakr has also transmitted it from al-Awza'i as mentioned by 'Isa.

When `Abdullah bin `Umar set out for Mecca with the intentions performing `Umra in the period of afflictions, he said, "If I should be prevented from reaching the Ka`ba, then I would do the same as we did while in the company of Allah's Apostle ." So, he assumed the Ihram for `Umra since the Prophet had assumed the Ihram for `Umra in the year of Al-Hudaibiya. Then `Abdullah bin `Umar thought about it and said, "The conditions for both Hajj and `Umra are similar." He then turned towards his companions and said, "The conditions of both Hajj and `Umra are similar and I make you witnesses that I have made the performance of Hajj obligatory for myself along with `Umra." He then performed one Tawaf (between As-Safa and Al-Marwa) for both of them (i.e. Hajj and (`Umra) and considered that to be sufficient for him and offered a Hadi.

The last Verse (in the Qur'an) revealed to the Prophet was the Verse dealing with usury (i.e. Riba).

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."

Ibn Abbas reported that the People of the Book used to let their hair fall (on their foreheads) and the polytheists used to part them on their heads, and Allah's Messenger (may peace be upon him) liked to conform his behaviour to the People of the Book in matters in which he received no command (from God) ; so Allah's Messenger (may peace be upon him) let fall his hair upon his forehead, and then he began to part it after this.

Another chain with similar narration.

This is acted upon according to the people of knowledge regarding the permission for the food of the People of the Book.

I heard the Messenger of Allah (saws) say: If any of you can become like the man who had a faraq of rice, he should become like him. They (the people) asked: Who is the man who had a faraq of rice with him, Messenger of Allah ? Thereupon he narrated the story of the cave when a hillock fell on them (three persons), each of them said: Mention any best work of yours. The narrator said: The third of them said: O Allah, you know that I took a hireling for a faraq of rice. When the evening came, I presented to him his due (i.e. his wages). But he refused to take it and went away. I then cultivated it until I amassed cows and their herdsmen for him. He then met me and said: Give me my dues. I said (to him): Go to those cows and their herdsmen and take them all. He went and drove them away.

Yahya related to me from Zayd ibn Aslam that his father said that he had heard Umar ibn al-Khattab say, "I once gave a noble horse to carry somebody in the way of Allah, and the man neglected it. I wished to buy it back from him and I thought that he would sell it cheaply. I asked the Messenger of Allah, may Allah bless him and grant him peace, about it and he said, 'Do not buy it, even if he gives it to you for one dirham, for someone who takes back his sadaqa is like a dog swallowing its own vomit.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Hafsa, umm al-muminin, once said to the Messenger of Allah, may Allah bless him and grant him peace, "Why is it that everyone has left ihram and you still have not left ihram from your umra?" and he replied, "I have matted my hair and garlanded my sacrificial animal and will not leave ihram until I have sacrificed the animal."

Once I went to Medina where there was an outbreak of disease and the people were dying rapidly. I was sitting with `Umar and a funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed" (Paradise). Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed." (Paradise). Then another funeral procession passed by. The people praised the deceased. `Umar said, "It has been affirmed (Paradise)." Then a third funeral procession passed by and the people talked badly of the deceased. `Umar said, "It has been affirmed (Hell)." I asked `Umar, "O chief of the believers! What has been affirmed?" He said, "I have said what the Prophet said. He said, 'Allah will admit into paradise any Muslim whose good character is attested by four persons.' We asked the Prophet, 'If there were three witnesses only?' He said, 'Even three.' We asked, 'If there were two only?' He said, 'Even two.' But we did not ask him about one witness."

I asked Ibn `Umar, "Can a person who has performed the Tawaf around the Ka`ba for `Umra but has not performed the (Sa`i) Tawaf of Safa and Marwa, have a sexual relation with his wife?" Ibn `Umar replied "When the Prophet reached Mecca he performed the Tawaf around the Ka`ba (circumambulated it seven times) and offered a two-rak`at prayer (at the place) behind the station (of Abraham) and then performed the Tawaf (Sa`i) of Safa and Marwa, and verily in Allah's Apostle you have a good example." Then we put the same question to Jabir bin `Abdullah and he too replied, "He should not go near his wife (for sexual relation) till he has finished the Tawaf of Safa and Marwa."

That when they reached Medina after returning from Yazid bin Mu'awaiya after the martyrdom of Husain bin `Ali (may Allah bestow His Mercy upon him), Al-Miswar bin Makhrama met him and said to him, "Do you have any need you may order me to satisfy?" `Ali said, "No." Al-Miswar said, Will you give me the sword of Allah's Apostle for I am afraid that people may take it from you by force? By Allah, if you give it to me, they will never be able to take it till I die." When `Ali bin Abu Talib demanded the hand of the daughter of Abi Jahal to be his wife besides Fatima, I heard Allah's Apostle on his pulpit delivering a sermon in this connection before the people, and I had then attained my age of puberty. Allah's Apostle said, "Fatima is from me, and I am afraid she will be subjected to trials in her religion (because of jealousy)." The Prophet then mentioned one of his son-in-law who was from the tribe of 'Abu Shams, and he praised him as a good son-in-law, saying, "Whatever he said was the truth, and he promised me and fulfilled his promise. I do not make a legal thing illegal, nor do I make an illegal thing legal, but by Allah, the daughter of Allah's Apostle and the daughter of the enemy of Allah, (i.e. Abu Jahl) can never get together (as the wives of one man) (See Hadith No. 76, Vo. 5).

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 cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

When `Abdullah bin Ubai (the chief of hypocrites) died, his son came to the Prophet and said, "O Allah's Apostle! Please give me your shirt to shroud him in it, offer his funeral prayer and ask for Allah's forgiveness for him." So Allah's Apostle (p.b.u.h) gave his shirt to him and said, "Inform me (When the funeral is ready) so that I may offer the funeral prayer." So, he informed him and when the Prophet intended to offer the funeral prayer, `Umar took hold of his hand and said, "Has Allah not forbidden you to offer the funeral prayer for the hypocrites? The Prophet said, "I have been given the choice for Allah says: '(It does not avail) Whether you (O Muhammad) ask forgiveness for them (hypocrites), or do not ask for forgiveness for them. Even though you ask for their forgiveness seventy times, Allah will not forgive them. (9.80)" So the Prophet offered the funeral prayer and on that the revelation came: "And never (O Muhammad) pray (funeral prayer) for any of them (i.e. hypocrites) that dies." (9. 84)

Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

Yahya related to me from Malik from Abu Nuaym that Wahb ibn Kaysan said, "The Messenger of Allah, may Allah bless him and grant him peace, was brought food while his stepson Umar ibn Salama was with him. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'Say "Bismillah," and eat what is in front of you.' "

During the period of the peace treaty of Quraish with Allah's Apostle, my mother, accompanied by her father, came to visit me, and she was a pagan. I consulted Allah's Apostle, "O Allah's Apostle! My mother has come to me and she desires to receive a reward from me, shall I keep good relation with her?" He said, "Yes, keep good relation with her."

Umar said to him: The Ka'bah does not need your property. Make atonement for your oath and speak to your brother. I heard the Messenger of Allah (saws) say: An oath or vow to disobey the Lord, or to break ties of relationship or about something over which one has no control is not binding on you.

Musailima Al-Kadhdhab came during the lifetime of the Prophet and started saying, "If Muhammad gives me the rule after him, I will follow him." And he came to Medina with a great number of the people of his tribe. Allah's Apostle went to him in the company of Thabit bin Qais bin Shammas, and at that time, Allah's Apostle had a stick of a date-palm tree in his hand. When he (i.e. the Prophet ) stopped near Musailima while the latter was amidst his companions, he said to him, "If you ask me for this piece (of stick), I will not give it to you, and Allah's Order you cannot avoid, (but you will be destroyed), and if you turn your back from this religion, then Allah will destroy you. And I think you are the same person who was shown to me in my dream, and this is Thabit bin Qais who will answer your questions on my behalf." Then the Prophet went away from him. I asked about the statement of Allah's Apostle : "You seem to be the same person who was shown to me in my dream," and Abu Huraira informed me that Allah's Apostle said, "When I was sleeping, I saw (in a dream) two bangles of gold on my hands and that worried me. And then I was inspired Divinely in the dream that I should blow on them, so I blew on them and both the bangles flew away. And I interpreted it that two liars (who would claim to be prophets) would appear after me. One of them has proved to be Al Ansi and the other, Musailima."

The Prophet (saws) said: If any of you prays two rak'ahs before the dawn prayer, he should lie at his right side.

Marwan ibn al-Hakam said to him: Is it not enough that one of us walks to the mosque until he lies at his right side? According to the version of Ubaydullah, he (AbuHurayrah) replied: No.

This statement (of AbuHurayrah) reached Ibn Umar. He said: AbuHurayrah exceed limits on himself. He was asked: Do you look askance at what he says? He replied: No, but he dared and we showed cowardice. This (criticism of Ibn Umar) reached AbuHurayrah. He said: What is my sin if I remembered and they forgot?

The Prophet saw expectoration (on the wall of the mosque) in the direction of the Qibla and scraped it off with his hand. It seemed that he disliked it and the sign of disgust was apparent from his face. He said, "If anyone of you stands for the prayer, he is speaking in private to his Lord, (or) his Lord is between him and his Qibla, therefore he should not spit towards his Qibla, but he could spit either on his left or under his foot." Then he took the corner of his sheet and spat in it, folded it and said, "Or do this."