Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

While Allah's Apostle was prostrating (as stated below).

Narrated `Abdullah bin Mas`ud:

Once the Prophet was offering prayers at the Ka`ba. Abu Jahl was sitting with some of his companions. One of them said to the others, "Who amongst you will bring the Abdominal contents (intestines, etc.) of a camel of Bani so and so and put it on the back of Muhammad, when he prostrates?" The most unfortunate of them got up and brought it. He waited till the Prophet prostrated and then placed it on his back between his shoulders. I was watching but could not do any thing. I wish I had some people with me to hold out against them. They started laughing and falling on one another. Allah's Apostle was in prostration and he did not lift his head up till Fatima (Prophet's daughter) came and threw that (camel's Abdominal contents) away from his back. He raised his head and said thrice, "O Allah! Punish Quraish." So it was hard for Abu Jahl and his companions when the Prophet invoked Allah against them as they had a conviction that the prayers and invocations were accepted in this city (Mecca). The Prophet said, "O Allah! Punish Abu Jahl, `Utba bin Rabi`a, Shaiba bin Rabi`a, Al-Walid bin `Utba, Umaiya bin Khalaf, and `Uqba bin Al Mu'it [??] (and he mentioned the seventh whose name I cannot recall). By Allah in Whose Hands my life is, I saw the dead bodies of those persons who were counted by Allah's Apostle in the Qalib (one of the wells) of Badr.

Asma' bint Al Bakr said, "I came to `Aisha the wife of the Prophet (p.b.u.h) during the solar eclipse. The people were standing and offering the prayer and she was also praying too. I asked her, 'What has happened to the people?' She pointed out with her hand towards the sky and said, 'Subhan-Allah'. I said, 'Is there a sign?' She pointed out in the affirmative." Asma' further said, "I too then stood up for the prayer till I fainted and then poured water on my head. When Allah's Apostle had finished his prayer, he thanked and praised Allah and said, 'I have seen at this place of mine what I have never seen even Paradise and Hell. No doubt, it has been inspired to me that you will be put to trial in the graves like or nearly like the trial of (Masih) Ad-Dajjal. (I do not know which one of the two Asma' said.) (The angels) will come to everyone of you and will ask what do you know about this man (i.e. Muhammad). The believer or a firm believer (I do not know which word Asma' said) will reply, 'He is Muhammad, Allah's Apostle (p.b.u.h) who came to us with clear evidences and guidance, so we accepted his teachings, believed and followed him.' The angels will then say to him, 'Sleep peacefully as we knew surely that you were a firm believer.' The hypocrite or doubtful person (I do not know which word Asma' said) will say, 'I do not know. I heard the people saying something so I said it (the same).' "

The news about the differences amongst the people of Bani `Amr bin `Auf at Quba reached Allah's Apostle and so he went to them along with some of his companions to affect a reconciliation. Allah's Apostle was delayed there and the time for the prayer became due. Bilal came to Abu Bakr! and said, "O Abu Bakr! Allah's Apostle is detained (there) and the time for the prayer is due. Will you lead the people in prayer?" Abu Bakr replied, "Yes, if you wish." So Bilal pronounced the Iqama and Abu Bakr went forward and the people said Takbir. In the meantime, Allah's Apostle came piercing through the rows till he stood in the (first) row and the people started clapping. Abu Bakr, would never look hither and thither during the prayer but when the people clapped much he looked back and saw Allah's Apostle. The Prophet beckoned him to carry on. Abu Bakr raised both his hands, praised Allah and retreated till he stood in the row and Allah's Apostle went forward and led the people in the prayer. When he had finished the prayer, he addressed the people and said, "O people! Why did you start clapping when something happened to you in the prayer? Clapping is for women. Whenever one is confronted with something unusual in the prayer one should say, 'Sub Han Allah'." Then the Prophet looked towards Abu Bakr and asked, "What prevented you from leading the prayer when I beckoned you to carry on?" Abu Bakr replied, "It does not befit the son of Al Quhafa to lead the prayer in the presence of Allah's Apostle.

Abu `Abdur-Rahman who was one of the supporters of `Uthman said to Abu Talha who was one of the supporters of `Ali, "I perfectly know what encouraged your leader (i.e. `Ali) to shed blood. I heard him saying: Once the Prophet sent me and Az-Zubair saying, 'Proceed to such-and-such Ar-Roudah (place) where you will find a lady whom Hatib has given a letter. So when we arrived at Ar-Roudah, we requested the lady to hand over the letter to us. She said, 'Hatib has not given me any letter.' We said to her. 'Take out the letter or else we will strip off your clothes.' So she took it out of her braid. So the Prophet sent for Hatib, (who came) and said, 'Don't hurry in judging me, for, by Allah, I have not become a disbeliever, and my love to Islam is increasing. (The reason for writing this letter was) that there is none of your companions but has relatives in Mecca who look after their families and property, while I have nobody there, so I wanted to do them some favor (so that they might look after my family and property).' The Prophet believed him. `Umar said, 'Allow me to chop off his (i.e. Hatib's) neck as he has done hypocrisy.' The Prophet said, (to `Umar), 'Who knows, perhaps Allah has looked at the warriors of Badr and said (to them), 'Do whatever you like, for I have forgiven you.' " `Abdur-Rahman added, "So this is what encouraged him (i.e. `Ali).

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).

During the lifetime of the Prophet some people said, : O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" The Prophet said, "Yes; do you have any difficulty in seeing the sun at midday when it is bright and there is no cloud in the sky?" They replied, "No." He said, "Do you have any difficulty in seeing the moon on a full moon night when it is bright and there is no cloud in the sky?" They replied, "No." The Prophet said, "(Similarly) you will have no difficulty in seeing Allah on the Day of Resurrection as you have no difficulty in seeing either of them. On the Day of Resurrection, a call-maker will announce, "Let every nation follow that which they used to worship." Then none of those who used to worship anything other than Allah like idols and other deities but will fall in Hell (Fire), till there will remain none but those who used to worship Allah, both those who were obedient (i.e. good) and those who were disobedient (i.e. bad) and the remaining party of the people of the Scripture. Then the Jews will be called upon and it will be said to them, 'Who do you use to worship?' They will say, 'We used to worship Ezra, the son of Allah.' It will be said to them, 'You are liars, for Allah has never taken anyone as a wife or a son. What do you want now?' They will say, 'O our Lord! We are thirsty, so give us something to drink.' They will be directed and addressed thus, 'Will you drink,' whereupon they will be gathered unto Hell (Fire) which will look like a mirage whose different sides will be destroying each other. Then they will fall into the Fire. Afterwards the Christians will be called upon and it will be said to them, 'Who do you use to worship?' They will say, 'We used to worship Jesus, the son of Allah.' It will be said to them, 'You are liars, for Allah has never taken anyone as a wife or a son,' Then it will be said to them, 'What do you want?' They will say what the former people have said. Then, when there remain (in the gathering) none but those who used to worship Allah (Alone, the real Lord of the Worlds) whether they were obedient or disobedient. Then (Allah) the Lord of the worlds will come to them in a shape nearest to the picture they had in their minds about Him. It will be said, 'What are you waiting for?' Every nation have followed what they used to worship.' They will reply, 'We left the people in the world when we were in great need of them and we did not take them as friends. Now we are waiting for our Lord Whom we used to worship.' Allah will say, 'I am your Lord.' They will say twice or thrice, 'We do not worship any besides Allah.' "

I heard Ka`b bin Malik who was one of the three who were forgiven, saying that he had never remained behind Allah's Apostle in any Ghazwa which he had fought except two Ghazwat Ghazwat- Al-`Usra (Tabuk) and Ghazwat-Badr. He added. "I decided to tell the truth to Allah's Apostle in the forenoon, and scarcely did he return from a journey he made, except in the forenoon, he would go first to the mosque and offer a two-rak`at prayer. The Prophet forbade others to speak to me or to my two companions, but he did not prohibit speaking to any of those who had remained behind excepting us. So the people avoided speaking to us, and I stayed in that state till I could no longer bear it, and the only thing that worried me was that I might die and the Prophet would not offer the funeral prayer for me, or Allah's Apostle might die and I would be left in that social status among the people that nobody would speak to me or offer the funeral prayer for me. But Allah revealed His Forgiveness for us to the Prophet in the last third of the night while Allah's Apostle was with Um Salama. Um Salama sympathized with me and helped me in my disaster. Allah's Apostle said, 'O Um Salama! Ka`b has been forgiven!' She said, 'Shall I send someone to him to give him the good tidings?' He said, 'If you did so, the people would not let you sleep the rest of the night.' So when the Prophet had offered the Fajr prayer, he announced Allah's Forgiveness for us. His face used to look as bright as a piece of the (full) moon whenever he was pleased. When Allah revealed His Forgiveness for us, we were the three whose case had been deferred while the excuse presented by those who had apologized had been accepted. But when there were mentioned those who had told the Prophet lies and remained behind (the battle of Tabuk) and had given false excuses, they were described with the worse description one may be described with. Allah said: 'They will present their excuses to you (Muslims) when you return to them. Say: Present no excuses; we shall not believe you. Allah has already informed us of the true state of matters concerning you. Allah and His Apostle will observe your actions." (9.94)

We were sitting with Abu Musa Al-Ash'sari, and as there were ties of friendship and mutual favors between us and his tribe. His meal was presented before him and there was chicken meat in it. Among those who were present there was a man from Bani Taimillah having a red complexion as a non-Arab freed slave, and that man did not approach the meal. Abu Musa said to him, "Come along! I have seen Allah's Apostle eating of that (i.e., chicken)." The man said, "I have seen it (chickens) eating something I regarded as dirty, and so I have taken an oath that I shall not eat (its meat) chicken." Abu Musa said, "Come along! I will inform you about it (i.e., your oath). Once we went to Allah's Apostle in company with a group of Ash'airiyin, asking him for mounts while he was distributing some camels from the camels of Zakat. (Aiyub said, "I think he said that the Prophet was in an angry mood at the time.") The Prophet said, 'By Allah! I will not give you mounts, and I have nothing to mount you on.' After we had left, some camels of booty were brought to Allah's Apostle and he said, "Where are those Ash`ariyin? Where are those Ash`ariyin?" So we went (to him) and he gave us five very fat good-looking camels. We mounted them and went away, and then I said to my companions, 'We went to Allah's Apostle to give us mounts, but he took an oath that he would not give us mounts, and then later on he sent for us and gave us mounts, perhaps Allah's Apostle forgot his oath. By Allah, we will never be successful, for we have taken advantage of the fact that Allah's Apostle forgot to fulfill his oath. So let us return to Allah's Apostle to remind him of his oath.' We returned and said, 'O Allah's Apostle! We came to you and asked you for mounts, but you took an oath that you would not give us mounts) but later on you gave us mounts, and we thought or considered that you have forgotten your oath.' The Prophet said, 'Depart, for Allah has given you Mounts. By Allah, Allah willing, if I take an oath and then later find another thing better than that, I do what is better, and make expiation for the oath.' "

(two other narrations through Zahdam as above)

' Aisha said, "We set out with Allah's Apostles in the months of Hajj, and (in) the nights of Hajj, and at the time and places of Hajj and in a state of Hajj. We dismounted at Sarif (a village six miles from Mecca). The Prophet then addressed his companions and said, "Anyone who has not got the Hadi and likes to do Umra instead of Hajj may do so (i.e. Hajj-al-Tamattu`) and anyone who has got the Hadi should not finish the Ihram after performing ' `Umra). (i.e. Hajj-al-Qiran). Aisha added, "The companions of the Prophet obeyed the above (order) and some of them (i.e. who did not have Hadi) finished their Ihram after Umra." Allah's Apostle and some of his companions were resourceful and had the Hadi with them, they could not perform Umra (alone) (but had to perform both Hajj and Umra with one Ihram). Aisha added, "Allah's Apostle came to me and saw me weeping and said, "What makes you weep, O Hantah?" I replied, "I have heard your conversation with your companions and I cannot perform the Umra." He asked, "What is wrong with you?' I replied, ' I do not offer the prayers (i.e. I have my menses).' He said, ' It will not harm you for you are one of the daughters of Adam, and Allah has written for you (this state) as He has written it for them. Keep on with your intentions for Hajj and Allah may reward you that." Aisha further added, "Then we proceeded for Hajj till we reached Mina and I became clean from my menses. Then I went out from Mina and performed Tawaf round the Ka`ba." Aisha added, "I went along with the Prophet in his final departure (from Hajj) till he dismounted at Al-Muhassab (a valley outside Mecca), and we too, dismounted with him." He called ' `Abdur-Rahman bin Abu Bakr and said to him, ' Take your sister outside the sanctuary of Mecca and let her assume Ihram for ' `Umra, and when you had finished ' `Umra, return to this place and I will wait for you both till you both return to me.' " ' Aisha added, " So we went out of the sanctuary of Mecca and after finishing from the ' `Umra and the Tawaf we returned to the Prophet at dawn. He said, 'Have you performed the ' `Umra?' We replied in the affirmative. So he announced the departure amongst his companions and the people set out for the journey, and the Prophet: too left for Medina.''

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.

The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

I had a she-camel which I got in my share from the booty of the battle of Badr, and the Prophet had given me another she camel from the Khumus which Allah had bestowed on him that day. And when I intended to celebrate my marriage to Fatima, the daughter of the Prophet, I made an arrangement with a goldsmith from Bani Qainuqa 'that he should go with me to bring Idhkhir (i.e. a kind of grass used by gold-smiths) which I intended to sell to gold-smiths in order to spend its price on the marriage banquet. While I was collecting ropes and sacks of pack saddles for my two she-camels which were kneeling down beside an Ansari's dwelling and after collecting what I needed, I suddenly found that the humps of the two she-camels had been cut off and their flanks had been cut open and portions of their livers had been taken out. On seeing that, I could not help weeping. I asked, "Who has done that?" They (i.e. the people) said, "Hamza bin `Abdul Muttalib has done it. He is present in this house with some Ansari drinkers, a girl singer, and his friends. The singer said in her song, "O Hamza, get at the fat she-camels!" On hearing this, Hamza rushed to his sword and cut of the camels' humps and cut their flanks open and took out portions from their livers." Then I came to the Prophet, with whom Zaid bin Haritha was present. The Prophet noticed my state and asked, "What is the matter?" I said, "O Allah's Apostle, I have never experienced such a day as today! Hamza attacked my two she-camels, cut off their humps and cut their flanks open, and he is still present in a house along some drinkers." The Prophet asked for his cloak, put it on, and proceeded, followed by Zaid bin Haritha and myself, till he reached the house where Hamza was. He asked the permission to enter, and he was permitted. The Prophet started blaming Hamza for what he had done. Hamza was drunk and his eyes were red. He looked at the Prophet then raised his eyes to look at his knees and raised his eves more to look at his face and then said, "You are not but my father's slaves." When the Prophet understood that Hamza was drunk, he retreated, walking backwards went out and we left with him.

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) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.

A man of the tribe of Aslam came to the Prophet (saws) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (saws) was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes. He asked: Do you know what fornication is? He replied: Yes. I have done with her unlawfully what a man may lawfully do with his wife.

He then asked: What do you want from what you have said? He said: I want you to purify me. So he gave orders regarding him and he was stoned to death. Then the Prophet (saws) heard one of his companions saying to another: Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog. He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air.

He asked: Where are so and so? They said: Here we are, Messenger of Allah (saws)! He said: Go down and eat some of this ass's corpse. They replied: Messenger of Allah! Who can eat any of this? He said: The dishonour you have just shown to your brother is more serious than eating some of it. By Him in Whose hand my soul is, he is now among the rivers of Paradise and plunging into them.

Yahya related to me from Malik from Zayd ibn Abi Unaysa that Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab informed him from Muslim ibn Yasar al-Juhani that Umar ibn al-Khattab was asked about this ayat - "When your Lord took their progeny from the Banu Adam from their backs and made them testify against themselves. 'Am I not your Lord?' They said, 'Yes, we bear witness'

Lest you should say on the Day of Rising, 'We were heedless of that.'" (Sura 7 ayat 172) Umar ibn al-Khattab said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, being asked about it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah, the Blessed, the Exalted, created Adam. Then He stroked his back with His right hand, and progeny issued from it. He said, "I created these for the Garden and they will act with the behaviour of the people of the Garden." Then He stroked his back again and brought forth progeny from him. He said, "I created these for the Fire and they will act with the behaviour of the people of the Fire." 'A man said, 'Messenger of Allah! Then of what value are deeds?' The Messenger of Allah, may Allah bless him and grant him peace, answered, 'When Allah creates a slave for the Garden, he makes him use the behaviour of the people of the Garden, so that he dies on one of the actions of the people of the Garden and by it He brings him into the Garden. When He creates a slave for the Fire, He makes him use the behaviour of the people of the Fire, so that he dies on one of the actions of the people of the Fire, and by it, He brings him into the Fire.' "

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

The news about the differences amongst the people of Bani `Amr bin `Auf reached Allah's Apostle and so he went to them along with some of his companions to effect a reconciliation between them. Allah's Apostle was delayed there, and the time of the prayer was due. Bilal went to Abu Bakr and said to him, "Allah's Apostle has been delayed (there) and the time of prayer is due. So will you lead the people in prayer?" Abu Bakr said, "Yes, if you wish." Bilal pronounced the Iqama and Abu Bakr, went forward and said Takbir for the people. In the meantime Allah's Apostle came crossing the rows (of the praying people) and stood in the (first) row and the people started clapping. Abu Bakr, would never glance sideways in his prayer but when the people clapped much he looked back and (saw) Allah's Apostle . Allah's Apostle beckoned him to carry on the prayer. Abu Bakr raised his hands and thanked Allah, and retreated till he reached the (first) row. Allah's Apostle went forward and led the people in the prayer. When he completed the prayer he faced the people and said, "O people! Why did you start clapping when something unusual happened to you in the prayer? Clapping is only for women. So whoever amongst you comes across something in the prayer should say, 'Subhan-Allah' for there is none who will not turn round on hearing him saying Subhan-Allah. O Abu Bakr! What prevented you from leading the people in the prayer when I beckoned you to do so?" Abu Bakr replied, "How dare the son of Abu Quhafa lead the prayer in the presence of Allah's Apostle ?"

I asked `Urwa bin Az-Zubair (regarding the Hajj of the Prophet ). `Urwa replied, "Aisha narrated, 'When the Prophet reached Mecca, the first thing he started with was the ablution, then he performed Tawaf of the Ka`ba and his intention was not `Umra alone (but Hajj and `Umra together).' " Later Abu Bakr I performed the Hajj and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone (but Hajj and `Umra together). And then `Umar did the same. Then `Uthman performed the Hajj and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone. And then Muawiya and `Abdullah bin `Umar did the same. I performed Hajj with Ibn Az-Zubair and the first thing he started with was Tawaf of the Ka`ba and it was not `Umra alone, (but Hajj and `Umra together). Then I saw the Muhajirin (Emigrants) and Ansar doing the same and it was not `Umra alone. And the last person I saw doing the same was Ibn `Umar, and he did not do another `Umra after finishing the first. Now here is Ibn `Umar present amongst the people! They neither ask him nor anyone of the previous ones. And all these people, on entering Mecca, would not start with anything unless they had performed Tawaf of the Ka`ba, and would not finish their Ihram. And no doubt, I saw my mother and my aunt, on entering Mecca doing nothing before performing Tawaf of the Ka`ba, and they would not finish their lhram. And my mother informed me that she, her sister, Az-Zubair and such and such persons had assumed lhram for `Umra and after passing their hands over the Corner (the Black Stone) (i.e. finishing their Umra) they finished their Ihram."

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

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

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

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

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

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

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

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

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

86 Malik related to me from Musa ibn Maysara that he heard a man ask Said ibn al-Musayyab, "I am a man who sells for a debt." Said said, "Do not sell except for what you take to your camel."

Malik spoke about a person who bought goods from a man provided that he provide him with those goods by a specific date, either in time for a market in which he hoped for their saleability, or to fulfil a need at the time he stipulated. Then the seller failed him about the date, and the buyer wanted to return those goods to the seller. Malik said, "The buyer cannot do that, and the sale is binding on him. If the seller does bring the goods before the completion of the term, the buyer cannot be forced to take them."

Malik spoke about a person who bought food and measured it. Then some one came to him to buy it and he told him that he had measured it for himself and taken it in full. The new buyer wanted to trust him and accept his measure. Malik said, "Whatever is sold in this way for cash has no harm in it but whatever is sold in this way on delayed terms is disapproved of until the new buyer measures it out for himself. The sale with delayed terms is disapproved of because it leads to usury and it is feared that it will be circulated in this way without weight or measure. If the terms are delayed it is disapproved of and there is no disagreement about that with us."

Malik said, "One should not buy a debt owed by a man whether present or absent, without the confirmation of the one who owes the debt, nor should one buy a debt owed to a man by a dead person even if one knows what the deceased man has left. That is because to buy that is an uncertain transaction and one does not know whether the transaction will be completed or not completed."

He said, "The explanation of what is disapproved of in buying a debt owed by someone absent or dead, is that it is not known what unknown debtor may be connected to the dead person. If the dead person is liable for another debt, the price which the buyer gave on strength of the debt may become worthless."

Malik said, "There is another fault in that as well. He is buying something which is not guaranteed for him, and so if the deal is not completed, what he paid becomes worthless. This is an uncertain transaction and it is not good."

Malik said, "One distinguishes between a man who is only selling what he actually has and a man who is being paid in advance for something which is not yet in his possession. The man advancing the money brings his gold which he intends to buy with. The seller says, 'This is 10 dinars. What do you want me to buy for you with it?' It is as if he sold 10 dinars cash for 15 dinars to be paid later. Because of this, it is disapproved of. It is something leading to usury and fraud."

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, Vol. 3 for details)

Allah's Apostle said, "Once three persons (from the previous nations) were traveling, and suddenly it started raining and they took shelter in a cave. The entrance of the cave got closed while they were inside. They said to each other, 'O you! Nothing can save you except the truth, so each of you should ask Allah's Help by referring to such a deed as he thinks he did sincerely (i.e. just for gaining Allah's Pleasure).' So one of them said, 'O Allah! You know that I had a laborer who worked for me for one Faraq (i.e. three Sas) of rice, but he departed, leaving it (i.e. his wages). I sowed that Faraq of rice and with its yield I bought cows (for him). Later on when he came to me asking for his wages, I said (to him), 'Go to those cows and drive them away.' He said to me, 'But you have to pay me only a Faraq of rice,' I said to him, 'Go to those cows and take them, for they are the product of that Faraq (of rice).' So he drove them. O Allah! If you consider that I did that for fear of You, then please remove the rock.' The rock shifted a bit from the mouth of the cave. The second one said, 'O Allah, You know that I had old parents whom I used to provide with the milk of my sheep every night. One night I was delayed and when I came, they had slept, while my wife and children were crying with hunger. I used not to let them (i.e. my family) drink unless my parents had drunk first. So I disliked to wake them up and also disliked that they should sleep without drinking it, I kept on waiting (for them to wake) till it dawned. O Allah! If You consider that I did that for fear of you, then please remove the rock.' So the rock shifted and they could see the sky through it. The (third) one said, 'O Allah! You know that I had a cousin (i.e. my paternal uncle's daughter) who was most beloved to me and I sought to seduce her, but she refused, unless I paid her one-hundred Dinars (i.e. gold pieces). So I collected the amount and brought it to her, and she allowed me to sleep with her. But when I sat between her legs, she said, 'Be afraid of Allah, and do not deflower me but legally. 'I got up and left the hundred Dinars (for her). O Allah! If You consider that I did that for fear of you than please remove the rock. So Allah saved them and they came out (of the cave)."

The Messenger of Allah (saws) came to visit us in our house, and said: Peace and Allah's mercy be upon you! Sa'd returned the greeting in a lower tone.

Qays said: I said: Do you not grant permission to the Messenger of Allah (saws) to enter?

He said: Leave him, he will give us many greetings. The Messenger of Allah (saws) then said: Peace and Allah's mercy be upon you! Sa'd again responded in a lower tone. The Messenger of Allah (saws) again said: Peace and Allah's mercy be upon you! So the Messenger of Allah (saws) went away.

Sa'd went after him and said: Messenger of Allah! I heard your greetings and responded in a lower tone so that you might give us many greetings. The Messenger of Allah (saws) returned with him. Sa'd then offered to prepare bath-water for him, and he took a bath. He then gave him a long wrapper dyed with saffron or wars and he wrapped himself in it.

The Messenger of Allah (saws) then raised his hands and said: O Allah, bestow Thy blessings and mercy on the family of Sa'd ibn Ubadah! The Messenger of Allah (saws) then shared their meals.

When he intended to return, Sa'd brought near him an ass which was covered with a blanket. The Messenger of Allah (saws) mounted it.

Sa'd said: O Qays, accompany the Messenger of Allah. Qays said: The Messenger of Allah (saws) said to me: Ride. But I refused. He again said: Either ride or go away. He said: So I went away.

Hisham said: AbuMarwan (transmitted) from Muhammad ibn AbdurRahman ibn As'ad ibn Zurarah.

Abu Dawud said: 'Umar b. 'Abd al-Wahid and Ibn Sama'ah transmitted it from al-Awzai' in mursal form (the ling of the Companion being missing), and they did not mention Qais b. Sa'd.

While I was walking with the Prophet at the Hurra of Medina in the evening, the mountain of Uhud appeared before us. The Prophet said, "O Abu Dhar! I would not like to have gold equal to Uhud (mountain) for me, unless nothing of it, not even a single Dinar remains of it with me, for more than one day or three days, except that single Dinar which I will keep for repaying debts. I will spend all of it (the whole amount) among Allah's slaves like this and like this and like this." The Prophet pointed out with his hand to illustrate it and then said, "O Abu Dhar!" I replied, "Labbaik wa Sa`daik, O Allah's Apostle!" He said, "Those who have much wealth (in this world) will be the least rewarded (in the Hereafter) except those who do like this and like this (i.e., spend their money in charity)." Then he ordered me, "Remain at your place and do not leave it, O Abu Dhar, till I come back." He went away till he disappeared from me. Then I heard a voice and feared that something might have happened to Allah's Apostle, and I intended to go (to find out) but I remembered the statement of Allah's Apostle that I should not leave, my place, so I kept on waiting (and after a while the Prophet came), and I said to him, "O Allah's Apostle, I heard a voice and I was afraid that something might have happened to you, but then I remembered your statement and stayed (there). The Prophet said, "That was Gabriel who came to me and informed me that whoever among my followers died without joining others in worship with Allah, would enter Paradise." I said, "O Allah's Apostle! Even if he had committed illegal sexual intercourse and theft?" He said, "Even if he had committed illegal sexual intercourse and theft."

Yahya related to me from Malik from Abu Hazim Salama ibn Dinar from Sahl ibn Said as-Saidi that the Messenger of Allah, may Allah bless him and grant him peace, went to the tribe of Bani Amr ibn Awf to settle their disputes .The time for the prayer came and the muadhdhin came to Abu Bakr as-Siddiq and said, "Could you lead the people in prayer and I will say the iqama?" He said, "Yes," and Abu Bakr prayed. The Messenger of Allah, may Allah bless him and grant him peace, came back while the people were praying, and approached and joined the row. People clapped, but Abu Bakr did not turn round. The people increased their clapping, and Abu Bakr turned round and saw the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, indicated to him to stay in his place. Abu Bakr raised his hands and praised Allah that the Messenger of Allah, may Allah bless him and grant him peace, had told him to do that. Then he drew back until he was in the row, and the Messenger of Allah, may Allah bless him and grant him peace, stepped forward and led the prayer. When he had finished he said, "Abu Bakr, what stopped you from staying put like I told you?" Abu Bakr said, "It is not for Ibn Abi Quhafa to pray in front of the Messenger of Allah, may Allah bless him and grant him peace."

The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did I see you all clapping so much? If something happens to you in the prayer you should say 'Subhana-llah' (Glory be to Allah), and when you say 'Subhana-llah' you will be heard. Clapping is only for women."

Yahya related to me from Malik from Hisham ibn Urwa from Fatima bint al Mundhir that Asma bint Abi Bakr as-Siddiq said, "I went to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, during an eclipse of the sun, and everybody was standing in prayer, and she too was standing praying. I said, 'What is everybody doing?' She pointed towards the sky with her hand and said, 'Glory be to Allah.' I said, 'A sign?' She nodded 'Yes' with her head."

She continued, "I stood until I had almost fainted, and I began to pour water over my head. The Messenger of Allah, may Allah bless him and grant him peace, praised Allah and spoke well of Him, and then said, 'There is nothing which I had previously not seen beforehand that I have not now seen while standing - even the Garden and the Fire. It has been revealed to me that you will be tried in your graves with a trial, like, or near to, the trial of the Dajjal (I do not know which one Asma said). Every one of you will have someone who comes to him and asks him, 'What do you know about this man?' A mumin, or one who has certainty (muqin) (I do not know which one Asma said), will say, 'He is Muhammad, the Messenger of Allah, may Allah bless him and grant him peace, who came to us with clear proofs and guidance, and we answered and believed and followed.' He will then be told, 'Sleep in a good state. We know now that you were a mumin.' A hypocrite, however, or one who has doubts (l do not know which one Asma said), will say, 'I do not know, I heard everybody saying something and I said it.' "

The sun eclipsed in the lifetime of the Prophet (p.b.u.h) . Allah's Apostle offered the eclipse prayer and stood for a long period equal to the period in which one could recite Surat-al-Baqara. Then he bowed for a long time and then stood up for a long period which was shorter than that of the first standing, then bowed again for a long time but for a shorter period than the first; then he prostrated twice and then stood up for a long period which was shorter than that of the first standing; then he bowed for a long time which was shorter than the previous one, and then he raised his head and stood up for a long period which was shorter than the first standing, then he bowed for a long time which was shorter than the first bowing, and then prostrated (twice) and finished the prayer. By then, the sun (eclipse) had cleared. The Prophet then said, "The sun and the moon are two of the signs of Allah. They eclipse neither because of the death of somebody nor because of his life (i.e. birth). So when you see them, remember Allah." The people say, "O Allah's Apostle! We saw you taking something from your place and then we saw you retreating." The Prophet replied, "I saw Paradise and stretched my hands towards a bunch (of its fruits) and had I taken it, you would have eaten from it as long as the world remains. I also saw the Hell-fire and I had never seen such a horrible sight. I saw that most of the inhabitants were women." The people asked, "O Allah's Apostle! Why is it so?" The Prophet replied, "Because of their ungratefulness." It was asked whether they are ungrateful to Allah. The Prophet said, "They are ungrateful to their companions of life (husbands) and ungrateful to good deeds. If you are benevolent to one of them throughout the life and if she sees anything (undesirable) in you, she will say, 'I have never had any good from you.' "

Allah's Apostle said to me, "If the revenue of Al-Bahrain should come, I will give you so much and so much," repeating "so much" thrice. But the revenue of Al-Bahrain did not come till Allah's Apostle had died. When the revenue came during the rule of Abu Bakr. Abu Bakr ordered an announcer to announce, "Whoever had any debt or promise due upon the Prophet, should present himself to me (i.e. Abu Bakr). I came to Abu Bakr and informed him that the Prophet had said (to me), "If the revenue of Al-Bahrain should come, I will give you so-much and so much," repeating "so much" thrice. So Abu Bakr gave me (in another narration Jaibir said,). I met Abu Bakr after that and asked him (to give me what the Prophet had promised me) but he did not give me. I again went to him but he did not give me. I again went to him (for the third time) but he did not give me; On that I said to him, "I came to you but you did not give me, then I came to you and you did not give me, and then again I came to you, but you did not give me; so you should either give me or else you are like a miserly to me, on that, Abu Bakr said, "Do you say, 'You are like a miserly to me?' There is no worse disease than miserliness." Abu Bakr said it thrice and added, "Whenever I refused to give you, I had the intention of giving you." (In another narration) Jabir bin `Abdullah said, "I went to Abu Bakr (and he gave me a handful of money) and told me to count it, I counted and found it five-hundred, and then Abu Bakr said (to me), "Take the same amount twice."

Abu Dawud said: This is operative in the obligatory prayer.

The Jew could not help shouting at the top of his voice, "O you 'Arabs! Here is your great man whom you have been waiting for!" So all the Muslims rushed to their arms and received Allah's Apostle on the summit of Harra. The Prophet turned with them to the right and alighted at the quarters of Bani 'Amr bin 'Auf, and this was on Monday in the month of Rabi-ul-Awal. Abu Bakr stood up, receiving the people while Allah's Apostle sat down and kept silent. Some of the Ansar who came and had not seen Allah's Apostle before, began greeting Abu Bakr, but when the sunshine fell on Allah's Apostle and Abu Bakr came forward and shaded him with his sheet only then the people came to know Allah's Apostle. Allah's Apostle stayed with Bani 'Amr bin 'Auf for ten nights and established the mosque (mosque of Quba) which was founded on piety. Allah's Apostle prayed in it and then mounted his she-camel and proceeded on, accompanied by the people till his she-camel knelt down at (the place of) the Mosque of Allah's Apostle at Medina. Some Muslims used to pray there in those days, and that place was a yard for drying dates belonging to Suhail and Sahl, the orphan boys who were under the guardianship of 'Asad bin Zurara. When his she-camel knelt down, Allah's Apostle said, "This place, Allah willing, will be our abiding place." Allah's Apostle then called the two boys and told them to suggest a price for that yard so that he might take it as a mosque. The two boys said, "No, but we will give it as a gift, O Allah's Apostle!" Allah's Apostle then built a mosque there. The Prophet himself started carrying unburnt bricks for its building and while doing so, he was saying "This load is better than the load of Khaibar, for it is more pious in the Sight of Allah and purer and better rewardable." He was also saying, "O Allah! The actual reward is the reward in the Hereafter, so bestow Your Mercy on the Ansar and the Emigrants." Thus the Prophet recited (by way of proverb) the poem of some Muslim poet whose name is unknown to me.

(Ibn Shibab said, "In the Hadiths it does not occur that Allah's Apostle

recited a complete poetic verse other than this one.")

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in our community."

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

[Muslim].

Abu Bakr invited a group of people and told me, "Look after your guests." Abu Bakr added, I am going to visit the Prophet and you should finish serving them before I return." `Abdur-Rahman said, So I went at once and served them with what was available at that time in the house and requested them to eat." They said, "Where is the owner of the house (i.e., Abu Bakr)?" `Abdur-Rahman said, "Take your meal." They said, "We will not eat till the owner of the house comes." `Abdur-Rahman said, "Accept your meal from us, for if my father comes and finds you not having taken your meal yet, we will be blamed severely by him, but they refused to take their meals . So I was sure that my father would be angry with me. When he came, I went away (to hide myself) from him. He asked, "What have you done (about the guests)?" They informed him the whole story. Abu Bakr called, "O `Abdur Rahman!" I kept quiet. He then called again. "O `Abdur-Rahman!" I kept quiet and he called again, "O ignorant (boy)! I beseech you by Allah, if you hear my voice, then come out!" I came out and said, "Please ask your guests (and do not be angry with me)." They said, "He has told the truth; he brought the meal to us." He said, "As you have been waiting for me, by Allah, I will not eat of it tonight." They said, "By Allah, we will not eat of it till you eat of it." He said, I have never seen a night like this night in evil. What is wrong with you? Why don't you accept your meals of hospitality from us?" (He said to me), "Bring your meal." I brought it to him, and he put his hand in it, saying, "In the name of Allah. The first (state of fury) was because of Satan." So Abu Bakr ate and so did his guests.