I of all the people know best this verse of Al-Hijab. When Allah's Apostle married Zainab bint Jahsh she was with him in the house and he prepared a meal and invited the people (to it). They sat down (after finishing their meal) and started chatting. So the Prophet went out and then returned several times while they were still sitting and talking. So Allah revealed the Verse: 'O you who believe! Enter not the Prophet's houses until leave is given to you for a meal, (and then) not (so early as) to wait for its preparation .....ask them from behind a screen.' (33.53) So the screen was set up and the people went away.

l entered a house in Medina with Abu Huraira, and he saw a man making pictures at the top of the house. Abu Huraira said, "I heard Allah's Apostle saying that Allah said, 'Who would be more unjust than the one who tries to create the like of My creatures? Let them create a grain: let them create a gnat.' "Abu Huraira then asked for a water container and washed his arms up to his armpits. I said, "0 Abu i Huraira! Is this something you have heard I from Allah's Apostle?" He said, "The limit for ablution is up to the place where the ornaments will reach on the Day of Resurrection.'

The Prophet came to me while there was an effeminate man sitting with me, and I heard him (i.e. the effeminate man) saying to `Abdullah bin Abi Umaiya, "O `Abdullah! See if Allah should make you conquer Ta'if tomorrow, then take the daughter of Ghailan (in marriage) as (she is so beautiful and fat that) she shows four folds of flesh when facing you, and eight when she turns her back." The Prophet then said, "These (effeminate men) should never enter upon you (O women!)." Ibn Juraij said, "That effeminate man was called Hit."

Narrated Hisham:

The above narration and added extra, that at that time, the Prophet, was besieging Taif.

(Reporting the speech of Ka`b bin Umra) Allah's Apostle saw him (i.e. Ka`b) while the lice were falling on his face. He asked (him), "Have your lice troubled you?" He replied in the affirmative. So, he ordered him to get his head shaved while he was at Al-Hudaibiya. At that time they were not permitted to finish their Ihram, and were still hoping to enter Mecca. So, Allah revealed the verses of Al-Fidya. Allah's Apostle ordered him to feed six poor persons with one Faraq of food or to slaughter one sheep (as a sacrifice) or to fast for three days.

Aisha said, "the Prophet used to practice I`tikaf in the last ten days of Ramadan and I used to pitch a tent for him, and after offering the morning prayer, he used to enter the tent." Hafsa asked the permission of `Aisha to pitch a tent for her and she allowed her and she pitched her tent. When Zainab bint Jahsh saw it, she pitched another tent. In the morning the Prophet noticed the tents. He said, 'What is this?" He was told of the whole situation. Then the Prophet said, "Do you think that they intended to do righteousness by doing this?" He therefore abandoned the I`tikaf in that month and practiced I`tikaf for ten days in the month of Shawwal."

Allah's Apostle set out with the intention of performing `Umra, but the infidels of Quraish intervened between him and the Ka`ba, so the Prophet slaughtered his Hadi (i.e. sacrificing animals and shaved his head at Al-Hudaibiya and concluded a peace treaty with them (i.e. the infidels) on condition that he would perform the `Umra the next year and that he would not carry arms against them except swords, and would not stay (in Mecca) more than what they would allow. So the Prophet performed the `Umra in the following year and according to the peace treaty, he entered Mecca, and when he had stayed there for three days, the infidels ordered him to leave, and he left.

`Urwa and I entered the Mosque and found `Abdullah bin `Umar sitting beside the dwelling place of `Aisha. `Urwa asked (Ibn `Umar), "How many `Umras did the Prophet perform?" Ibn `Umar replied, "Four, one of which was in Rajab." Then we heard `Aisha brushing her teeth whereupon `Urwa said, "O mother of the believers! Don't you hear what Abu `Abdur-Rahman is saying? He is saying that the Prophet performed four `Umra, one of which was in Rajab." `Aisha said, "The Prophet did not perform any `Umra but he (i.e. Ibn `Umar) witnessed it. And he (the Prophet ) never did any `Umra in (the month of) Rajab."

Abu Dawud said : Marwan b. Muhammad said: He is Rabah b. al-Walid who heard from him (nimran). He (Marwan b. Muhammad) said: Yahya b. Hussain was confused in it.

We were digging (the trench) on the day of (Al-Khandaq ( i.e. Trench )) and we came across a big solid rock. We went to the Prophet and said, "Here is a rock appearing across the trench." He said, "I am coming down." Then he got up, and a stone was tied to his belly for we had not eaten anything for three days. So the Prophet took the spade and struck the big solid rock and it became like sand. I said, "O Allah's Apostle! Allow me to go home." (When the Prophet allowed me) I said to my wife, "I saw the Prophet in a state that I cannot treat lightly. Have you got something (for him to eat?" She replied, "I have barley and a she goat." So I slaughtered the she-kid and she ground the barley; then we put the meat in the earthenware cooking pot. Then I came to the Prophet when the dough had become soft and fermented and (the meat in) the pot over the stone trivet had nearly been well-cooked, and said, "I have got a little food prepared, so get up O Allah's Apostle, you and one or two men along with you (for the food)." The Prophet asked, "How much is that food?" I told him about it. He said, "It is abundant and good. Tell your wife not to remove the earthenware pot from the fire and not to take out any bread from the oven till I reach there." Then he said (to all his companions), "Get up." So the Muhajirn (i.e. Emigrants) and the Ansar got up. When I came to my wife, I said, "Allah's Mercy be upon you! The Prophet came along with the Muhajirin and the Ansar and those who were present with them." She said, "Did the Prophet ask you (how much food you had)?" I replied, "Yes." Then the Prophet said, "Enter and do not throng." The Prophet started cutting the bread (into pieces) and put the cooked meat over it. He covered the earthenware pot and the oven whenever he took something out of them. He would give the food to his companions and take the meat out of the pot. He went on cutting the bread and scooping the meat (for his companions) till they all ate their fill, and even then, some food remained. Then the Prophet said (to my wife), "Eat and present to others as the people are struck with hunger."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr from A'isha, umm al-muminin, that she took Hafsa ibn Abd ar- Rahman ibn Abi Bakr as-Siddiq into her house when she had entered the third period of her idda. Ibn Shihab said, "That was mentioned to Amra bint Abd ar-Rahman, and she said that Urwa had spoken the truth and people had argued with A'isha about it. They said that Allah, the Blessed, the Exalted, said in His Book, 'Three quru.' A'isha said, 'You spoke the truth. Do you know what quru are? Quru are times of becoming pure after menstruation .' "

Malik said, "It is the generally agreed on way of doing things among us that the meat of camels, cattle, sheep and so on is not to be bartered one for one, except like for like, weight for weight, from hand to hand. There is no harm in that. If it is not weighed, then it is estimated to be like for like from hand to hand."

Malik said, "There is no harm in bartering the meat of fish for the meat of camels, cattle, and sheep and so on two or more for one, from hand to hand. If delayed terms enter the transaction however, there is no good in it."

Malik said, "I think that poultry is different from the meat of cattle and fish. I see no harm in selling some of it for something different, more of one than another, from hand to hand. None of that is to be sold on delayed terms."

Malik related to me from Safwan ibn Sulaym from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was questioned by a man who said, "Messenger of Allah, shall I ask permission of my mother to enter?" He said, "Yes " The man said, "I live with her in the house". The Messenger of Allah, may Allah bless him and grant him peace, said "Ask her permission." The man said, "I am her servant." The Messenger of Allah. may Allah bless him and grant him peace, said, "Ask her permission. Do you want to see her naked?" He said, "No." He said, "Then ask her permission."

A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet and said, "O Allah's Apostle! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?" Allah's Apostle said, "It is unlawful to marry your first husband till the other husband consummates his marriage with you."

I conceived `Abdullah bin AzZubair at Mecca and went out (of Mecca) while I was about to give birth. I came to Medina and encamped at Quba', and gave birth at Quba'. Then I brought the child to Allah's Apostle and placed it (on his lap). He asked for a date, chewed it, and put his saliva in the mouth of the child. So the first thing to enter its stomach was the saliva of Allah's Apostle. Then he did its Tahnik with a date, and invoked Allah to bless him. It was the first child born in the Islamic era, therefore they (Muslims) were very happy with its birth, for it had been said to them that the Jews had bewitched them, and so they would not produce any offspring.

Yahya related to me from Malik, from Hisham ibn 'Urwa, that his father would stop saying the talbiya when he entered the Haram, if he was doing 'umra.

Malik said that someone who went into ihram at at-Tanim should stop saying the talbiya when he saw the House.

Yahya said that Malik was asked where a man from the people of Madina, or elsewhere, who had begun doing umra at one of the mawaqit, should stop saying the talbiya, and he said, "Someone who goes into ihram at one of the mawaqit should stop saying the talbiya when he arrives at the Haram."

Malik added, "I have heard that Abdullah ibn Umar used to do that."

Abu Dawud said: Sufyan Ath-Thawri said: "A person arrogantly walks in front of me while I am praying, so I stop him, and a weak person passes, so I dont stop him."

The Messenger of Allah (saws) entered the mosque (and saw that) a rope tied between two pillars. He asked: What is this rope (for) ? The people told him: This is (for) Hamnah b. Jahsh who prays (here). When she is tired, she reclines on it. The Messenger of Allah (saws) said: She should pray as much as she has strength. When she is tired, she should sit down.

This version of Ziyad has: He said: What is this ? The people told him: This is for Zainab who prays. When she becomes lazy, or is tired, she holds it. He said: Undo it. One of you should pray in good spirits. When he is lazy or tired, he should sit down.

A lady came to Allah's Apostle and said, "O Allah's Apostle! I have come to you to offer myself to you." He raised his eyes and looked at her and then lowered his head. When the lady saw that he did not make any decision, she sat down. On that, a man from his companions got up and said. "O Allah's Apostle! If you are not in need of this woman, then marry her to me." Allah's Apostle said, "Do you have anything to offer her?" He replied. "No, by Allah, O Allah's Apostle!" The Prophet said to him, "Go to your family and see if you can find something.' The man went and returned, saying, "No, by Allah, O Allah's Apostle! I have not found anything." The Prophet said, "Try to find something, even if it is an iron ring.'' He went again and returned, saying, "No, by Allah, O Allah's Apostle, not even an iron ring, but I have this waist sheet of mine." The man had no upper garment, so he intended to give her, half his waist sheet. So Allah's Apostle said, ''What would she do with your waist sheet? If you wear it, she will have nothing of it over her body, and if she wears it, you will have nothing over your body." So that man sat for a long period and then got up, and Allah's Apostle saw him going away, so he ordered somebody to call him. When he came, the Prophet asked him, " How much of the Qur'an do you know?" He replied, "I know such Surat and such Surat and such Surat," and went on counting it, The Prophet asked him, "Can you recite it by heart?" he replied, "Yes." The Prophet said, "Go, I have married this lady to you for the amount of the Qur'an you know by heart."

A woman came to Allah's Apostle and said, "O Allah's Apostle! I have come to you to present myself to you (for marriage)." Allah's Apostle glanced at her. He looked at her carefully and fixed his glance on her and then lowered his head. When the lady saw that he did not say anything, she sat down. A man from his companions got up and said, "O Allah's Apostle! If you are not in need of her, then marry her to me." The Prophet said, "Have you got anything to offer." The man said, 'No, by Allah, O Allah's Apostle!" The Prophet said (to him), "Go to your family and try to find something." So the man went and returned, saying, "No, by Allah, O Allah's Apostle! I have not found anything." The Prophet said, "Go again and look for something, even if it were an iron ring." He went and returned, saying, "No, by Allah, O Allah's Apostle! I could not find even an iron ring, but this is my Izar (waist sheet).' He had no Rida (upper garment). He added, "I give half of it to her." Allah's Apostle said "What will she do with your Izar? If you wear it, she will have nothing over herself thereof (will be naked); and if she wears it, then you will have nothing over yourself thereof ' So the man sat for a long period and then got up (to leave). When Allah's Apostle saw him leaving, he ordered that he e called back. When he came, the Prophet asked (him), "How much of the Qur'an do you know (by heart)?" The man replied, I know such Sura and such Sura and such Sura," naming the suras. The Prophet said, "Can you recite it by heart?" He said, 'Yes." The Prophet said, "Go I let you marry her for what you know of the Qur'an (as her Mahr).

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."

The Messenger of Allah (saws) then said: Return to them (Hawazin) their women and their sons. If any of you withholds anything from this booty, we have six camels for him from the first booty which Allah gives us. The Prophet (saws) then approached a camel, and taking a hair from its hump said: O people, I get nothing of this booty, not even this (meanwhile raising his two fingers) but the fifth, and the fifth is returned to you, so hand over threads and needles. A man got up with a ball of hair in his hand and said: I took this to repair the cloth under a pack-saddle. The Messenger of Allah (saws) said: You can have what belongs to me and to the Banu al-Muttalib. He said: If it produces the result that I now realise, I have no desire for it.

We proceeded from the Messenger of Allah (saws) and came to a clan of the Arabs.

They said: We have been told that you have brought what is good from this man. Have you any medicine or a charm, for we have a lunatic in chains?

We said: Yes. Then they brought a lunatic in chains. He said: I recited Surat al-Fatihah over him for three days, morning and evening. Whenever I finished it, I would collect my saliva and spit it out, and he seemed as if he were set free from a bond. He said: They gave me some payment, but I said: No, not until I ask the Messenger of Allah (saws).

He (the Prophet) said: Accept it, for, by my life, some accept it for a worthless charm, but you have done so for a genuine one.

Aban ibn Uthman said: I heard Uthman ibn Affan (his father) say: I heard the Messenger of Allah (saws) say: If anyone says three times: "In the name of Allah, when Whose name is mentioned nothing on Earth or in Heaven can cause harm, and He is the Hearer, the Knower" he will not suffer sudden affliction till the morning, and if anyone says this in the morning, he will not suffer sudden affliction till the evening.

Aban was afflicted by some paralysis and when a man who heard the tradition began to look at him, he said to him: Why are you looking at me? I swear by Allah, I did not tell a lie about Uthman, nor did Uthman tell a lie about the Prophet (saws), but that day when I was afflicted by it, I became angry and forgot to say them.

That they visited Abu Sa`id Al-Khudri and asked him about Al-Harauriyya, a special unorthodox religious sect, "Did you hear the Prophet saying anything about them?" Abu Sa`id said, "I do not know what Al-Harauriyya is, but I heard the Prophet saying, "There will appear in this nation---- he did not say: From this nation ---- a group of people so pious apparently that you will consider your prayers inferior to their prayers, but they will recite the Qur'an, the teachings of which will not go beyond their throats and will go out of their religion as an arrow darts through the game, whereupon the archer may look at his arrow, its Nasl at its Risaf and its Fuqa to see whether it is blood-stained or not (i.e. they will have not even a trace of Islam in them).

Allah's Apostle said, "There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: They are, (1) a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. (2) a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge; (3) and a man who sells something to another man after the `Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price." (See Hadith No. 838, Vol. 3)

Yahya related to me from Malik from Zayd ibn Aslam from a man of the Bani'd-Dil called Busr ibn Mihjan from his father Mihjan that he was in a gathering with the Messenger of Allah, may Allah bless him and grant him peace, and the call to prayer was made. The Messenger of Allah, may Allah bless him and grant him peace, rose and prayed and then returned. Mihjan remained sitting and did not pray with him. The Messenger of Allah, may Allah bless him and grant him peace, said, "What prevented you from praying with the people? Aren't you a muslim?" He said, "Of course, Messenger of Allah, but I have already prayed with my family." The Messenger of Allah, may Allah bless him and grant him peace, said, "When you come, pray with the people, even if you have prayed already."

My father and I went to Abi Barza Al-Aslami and my father said to him, "Tell us how Allah's Apostle used to offer the compulsory congregational prayers." He said, "He used to pray the Zuhr prayer, which you call the first prayer, as the sun declined at noon, the `Asr at a time when one of US could go to his family at the farthest place in Medina while the sun was still hot. (The narrator forgot what Abu Barza had said about the Maghrib prayer), and the Prophet preferred to pray the `Isha' late and disliked to sleep before it or talk after it. And he used to return after finishing the morning prayer at such a time when it was possible for one to recognize the person sitting by his side and he (the Prophet) used to recite 60 to 100 'Ayat' (verses) of the Qur'an in it."

Allah's Apostle said, "While a man was going on a way, he saw a thorny branch and removed it from the way and Allah became pleased by his action and forgave him for that." Then the Prophet said, "Five are martyrs: One who dies of plague, one who dies of an Abdominal disease, one who dies of drowning, one who is buried alive (and) dies and one who is killed in Allah's cause." (The Prophet further said, "If the people knew the reward for pronouncing the Adhan and for standing in the first row (in the congregational prayer) and found no other way to get it except by drawing lots they would do so, and if they knew the reward of offering the Zuhr prayer early (in its stated time), they would race for it and if they knew the reward for `Isha' and Fajr prayers in congregation, they would attend them even if they were to crawl.

Abdullah ibn Dinar said: The sun set when I was with Abdullah ibn Umar. We proceeded, and when we saw that the evening came, we said prayer. He went on travelling until the twilight disappeared and the stars became thick. He then slighted and combined the two prayers. Then he said: I saw the Messenger of Allah (saws); when he hastened his travelling, he would pray like this prayer of mine. He said: He would combine the two prayers after the passing of a part of night. AbuDawud said: This has been transmitted by Asim ibn Muhammad from his brother on the authority of Salim and this has also been narrated by Ibn AbuNajih from Isma'il ibn AbdurRahman ibn Dhuwayb saying that Ibn Umar would combine the two prayers after the disappearance of twilight.

Allah's Apostle said, "There are three persons whom Allah will not look at on the Day of Resurrection, nor will he purify them and theirs shall be a severe punishment. They are: -1. A man possessed superfluous water, on a way and he withheld it from travelers. -2. A man who gave a pledge of allegiance to a ruler and he gave it only for worldly benefits. If the ruler gives him something he gets satisfied, and if the ruler withholds something from him, he gets dissatisfied. -3. And man displayed his goods for sale after the `Asr prayer and he said, 'By Allah, except Whom None has the right to be worshipped, I have been given so much for my goods,' and somebody believes him (and buys them). The Prophet then recited: "Verily! Those who purchase a little gain at the cost of Allah's Covenant and their oaths." (3.77)

When I visited Aisha she said, "Barirah who had a written contract for her emancipation for a certain amount came to me and said, "O mother of the believers! Buy me and manumit me, as my masters will sell me." Aisha agreed to it. Barirah said, 'My masters will sell me on the condition that my Wala will go to them." Aisha said to her, 'Then I am not in need of you.' The Prophet heard of that or was told about it and so he asked Aisha, 'What is the problem of Barirah?' He said, 'Buy her and manumit her, no matter what they stipulate.' Aisha added, 'I bought and manumitted her, though her masters had stipulated that her Wala would be for them.' The Prophet said, The Wala is for the liberator, even if the other stipulated a hundred conditions."

Jabir bin `Abdullah said, "The people became very thirsty on the day of Al-Hudaibiya (Treaty). A small pot containing some water was in front of the Prophet and when he had finished the ablution, the people rushed towards him. He asked, 'What is wrong with you?' They replied, 'We have no water either for performing ablution or for drinking except what is present in front of you.' So he placed his hand in that pot and the water started flowing among his fingers like springs. We all drank and performed ablution (from it)." I asked Jabir, "How many were you?" he replied, "Even if we had been one-hundred-thousand, it would have been sufficient for us, but we were fifteen-hundred."

Abu Dawud said: Mujahid reported on the authority of Ibn 'Abbas: When bathing became hard for her, he commanded her to combine the two prayers.

Abu Dawud said: Ibrahim reported it from Ibn 'Abbas. This is also the view of Ibrahim al-Nakha'i and 'Abd Allah b. Shaddad.

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."

Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye.

Aisha said: She then came to the Messenger of Allah (saws) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Messenger of Allah (saws) would look at her in the same way that I had looked.

She said: Messenger of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom.

The Messenger of Allah (saws) said: Are you inclined to that which is better? She asked: What is that, Messenger of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you.

She said: I shall do this. She (Aisha) said: The people then heard that the Messenger of Allah (saws) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Messenger of Allah (saws) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.

Abu dawud said: This evidence shows that a Muslim ruler may marry a slave woman himself.

Yahya related to me from Abd ar-Rahman ibn al-Qasim, from his father that A'isha, umm al-muminin, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj and we went into ihram for umra. Afterwards, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has a sacrificial animal with him should go into ihram for hajj and umra together, and he should not leave ihram without leaving ihram for both of them at the same time.' "

She continued "I was menstruating when I got to Makka, so I did not do tawaf of the House or say between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Undo your hair and comb it and leave the umra and go back into ihram for the hajj.' "

She said, "I did so, and when we had completed the hajj, the Messenger of Allah, may Allah bless him and grant him peace, sent me with Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tanim and I performed an umra and he said, 'This is in place of your umra.' "

"Those who had entered ihram for the umra did tawaf of the House and say between Safa and Marwa, then left ihram. Then they did another tawaf after returning from Mina for their hajj, whereas those who entered ihram for the hajj or combined the hajj and the umra, only did one tawaf."

Yahya related the same as that to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha.

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."

Abu Bakr came from his house at As-Sunh on a horse. He dismounted and entered the Mosque, but did not speak to the people till he entered upon `Aisha and went straight to Allah's Apostle who was covered with Hibra cloth (i.e. a kind of Yemenite cloth). He then uncovered the Prophet's face and bowed over him and kissed him and wept, saying, "Let my father and mother be sacrificed for you. By Allah, Allah will never cause you to die twice. As for the death which was written for you, has come upon you." Narrated Ibn `Abbas: Abu Bakr went out while `Umar bin Al-Khattab was talking to the people. Abu Bakr said, "Sit down, O `Umar!" But `Umar refused to sit down. So the people came to Abu Bakr and left `Umar. Abu Bakr said, "To proceed, if anyone amongst you used to worship Muhammad , then Muhammad is dead, but if (anyone of) you used to worship Allah, then Allah is Alive and shall never die. Allah said:--"Muhammad is no more than an Apostle, and indeed (many) apostles have passed away before him..(till the end of the Verse )......Allah will reward to those who are thankful." (3.144) By Allah, it was as if the people never knew that Allah had revealed this Verse before till Abu Bakr recited it and all the people received it from him, and I heard everybody reciting it (then). Narrated Az-Zuhri: Sa`id bin Al-Musaiyab told me that `Umar said, "By Allah, when I heard Abu Bakr reciting it, my legs could not support me and I fell down at the very moment of hearing him reciting it, declaring that the Prophet had died."

I said to the Messenger of Allah: I have a place in the desert where I live and in which I pray, with the praise of Allah; but give me command about a night when I come to this mosque.

He replied: Come on the twenty third night.

I (a sub-narrator, Muhammad ibn Ibrahim) said to his (Abdullah ibn Unays's) son: How would your father act?

He replied: He used to enter the mosque when he had offered the afternoon prayer, and did not leave it for any purpose till he prayed the morning prayer. Then when he had prayed the morning prayer, he found his riding beast at the door of the mosque, mounted it and got back to his desert.

Next year I came out to make an atonement for my umrah. I came to Ibn Abbas and asked him (about it). He said: Bring a new sacrificial animal, for the Messenger of Allah (saws) ordered his companions to bring fresh sacrificial animals for the umrah of atonement in lieu of the animals they had sacrificed in the year of al-Hudaybiyyah.