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 ...

(The wife of the Prophet) Whenever Allah's Apostle intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot had fallen. Once he drew lots when he wanted to carry out a Ghazwa, and the lot came upon me. So I proceeded with Allah's Apostle after Allah's order of veiling (the women) had been revealed and thus I was carried in my howdah (on a camel) and dismounted while still in it. We carried on our journey, and when Allah's Apostle had finished his Ghazwa and returned and we approached Medina, Allah's Apostle ordered to proceed at night. When the army was ordered to resume the homeward journey, I got up and walked on till I left the army (camp) behind. When I had answered the call of nature, I went towards my howdah, but behold ! A necklace of mine made of Jaz Azfar (a kind of black bead) was broken and I looked for it and my search for it detained me. The group of people who used to carry me, came and carried my howdah on to the back of my camel on which I was riding, considering that I was therein. At that time women were light in weight and were not fleshy for they used to eat little (food), so those people did not feel the lightness of the howdah while raising it up, and I was still a young lady. They drove away the camel and proceeded. Then I found my necklace after the army had gone. I came to their camp but found nobody therein so I went to the place where I used to stay, thinking that they would miss me and come back in my search. While I was sitting at my place, I felt sleepy and slept. Safwan bin Al-Mu'attil As-Sulami Adh- Dhakw-ani was behind the army. He had started in the last part of the night and reached my stationing place in the morning and saw the figure of a sleeping person. He came to me and recognized me on seeing me for he used to see me before veiling. I got up because of his saying: "Inna Li l-lahi wa inna ilaihi rajiun," which he uttered on recognizing me. I covered my face with my garment, and by Allah, he did not say to me a single word except, "Inna Li l-lahi wa inna ilaihi rajiun," till he made his shecamel kneel down whereupon he trod on its forelegs and I mounted it. Then Safwan set out, leading the she-camel that was carrying me, till we met the army while they were resting during the hot midday. Then whoever was meant for destruction, fell in destruction, and the leader of the Ifk (forged statement) was `Abdullah bin Ubai ...

that he heard Allah's Apostle saying, "Allah willed to test three Israelis who were a Leper, a blind man and a bald-headed man. So, he sent them an angel who came to the leper and said, 'What thing do you like most?' He replied, 'Good color and good skin, for the people have a strong aversion to me.' The angel touched him and his illness was cured, and he was given a good color and beautiful skin. The angel asked him, 'What kind of property do you like best?' He replied, 'Camels (or cows).' (The narrator is in doubt, for either the leper or the bald-headed man demanded camels and the other demanded cows). So he (i.e. the leper) was given a pregnant she-camel, and the angel said (to him), 'May Allah bless you in it.' The angel then went to the bald-headed man and said, 'What thing do you like most?' He said, 'I like good hair and wish to be cured of this disease, for the people feel repulsion for me.' The angel touched him and his illness was cured, and he was given good hair. The angel asked (him), 'What kind of property do you like best?' He replied, 'Cows,' The angel gave him a pregnant cow and said, 'May Allah bless you in it.' The angel went to the blind man and asked, 'What thing do you like best?' He said, '(I like) that Allah may restore my eye-sight to me so that I may see the people.' The angel touched his eyes and Allah gave him back his eye-sight. The angel asked him, 'What kind of property do you like best?' He replied, 'Sheep.' The angel gave him a pregnant sheep. Afterwards, all the three pregnant animals gave birth to young ones, and multiplied and brought forth so much that one of the (three) men had a herd of camels filling a valley, and one had a herd of cows filling a valley, and one had a flock of sheep filling a valley. Then the angel, disguised in the shape and appearance of a leper, went to the leper and said, I am a poor man, who has lost all means of livelihood while on a journey. So none will satisfy my need except Allah and then you. In the Name of Him Who has given you such nice color and beautiful skin, and so much property, I ask you to give me a camel so that I may reach my destination. The man replied, 'I have many obligations (so I cannot give you).' The angel said, 'I think I know you; were you not a leper to whom the people had a strong aversion? Weren't you a poor man, and then Allah gave you (all this property).' He replied, '(This is all wrong), I got this property through ...

Allah's Apostle arrived at Medina with Abu Bakr, riding behind him on the same camel. Abu Bakr was an elderly man known to the people, while Allah's Apostle was a youth that was unknown. Thus, if a man met Abu Bakr, he would say, "O Abu Bakr! Who is this man in front of you?" Abu Bakr would say, "This man shows me the Way," One would think that Abu Bakr meant the road, while in fact, Abu Bakr meant the way of virtue and good. Then Abu Bakr looked behind and saw a horse-rider pursuing them. He said, "O Allah's Apostle! This is a horse-rider pursuing us." The Prophet looked behind and said, "O Allah! Cause him to fall down." So the horse threw him down and got up neighing. After that the rider, Suraqa said, "O Allah's Prophet! Order me whatever you want." The Prophet said, "Stay where you are and do not allow anybody to reach us." So, in the first part of the day Suraqa was an enemy of Allah's Prophet and in the last part of it, he was a protector. Then Allah's Apostle alighted by the side of the Al-Harra and sent a message to the Ansar, and they came to Allah's Prophet and Abu Bakr, and having greeted them, they said, "Ride (your she-camels) safe and obeyed." Allah's Apostle and Abu Bakr rode and the Ansar, carrying their arms, surrounded them. The news that Allah's Prophet had come circulated in Medina. The people came out and were eagerly looking and saying "Allah's Prophet has come! Allah's Prophet has come! So the Prophet went on till he alighted near the house of Abu Ayub. While the Prophet was speaking with the family members of Abu Ayub, `Abdullah bin Salam heard the news of his arrival while he himself was picking the dates for his family from his family garden. He hurried to the Prophet carrying the dates which he had collected for his family from the garden. He listened to Allah's Prophet and then went home. Then Allah's Prophet said, "Which is the nearest of the houses of our kith and kin?" Abu Ayub replied, "Mine, O Allah's Prophet! This is my house and this is my gate." The Prophet said, "Go and prepare a place for our midday rest." Abu Ayub said, "Get up (both of you) with Allah's Blessings." So when Allah's Prophet went into the house, `Abdullah bin Salam came and said "I testify that you (i.e. Muhammad) are Apostle of Allah and that you have come with the Truth. The Jews know well that I am their chief and the son of their chief and the most learned amongst them and the son of the most ...

I saw `Umar bin Al-Khattab a few days before he was stabbed in Medina. He was standing with Hudhaifa bin Al-Yaman and `Uthman bin Hunaif to whom he said, "What have you done? Do you think that you have imposed more taxation on the land (of As-Swad i.e. 'Iraq) than it can bear?" They replied, "We have imposed on it what it can bear because of its great yield." `Umar again said, "Check whether you have imposed on the land what it can not bear." They said, "No, (we haven't)." `Umar added, "If Allah should keep me alive I will let the widows of Iraq need no men to support them after me." But only four days had elapsed when he was stabbed (to death ). The day he was stabbed, I was standing and there was nobody between me and him (i.e. `Umar) except `Abdullah bin `Abbas. Whenever `Umar passed between the two rows, he would say, "Stand in straight lines." When he saw no defect (in the rows), he would go forward and start the prayer with Takbir. He would recite Surat Yusuf or An-Nahl or the like in the first rak`a so that the people may have the time to Join the prayer. As soon as he said Takbir, I heard him saying, "The dog has killed or eaten me," at the time he (i.e. the murderer) stabbed him. A non-Arab infidel proceeded on carrying a double-edged knife and stabbing all the persons he passed by on the right and left (till) he stabbed thirteen persons out of whom seven died. When one of the Muslims saw that, he threw a cloak on him. Realizing that he had been captured, the non-Arab infidel killed himself, `Umar held the hand of `Abdur-Rahman bin `Auf and let him lead the prayer. Those who were standing by the side of `Umar saw what I saw, but the people who were in the other parts of the Mosque did not see anything, but they lost the voice of `Umar and they were saying, "Subhan Allah! Subhan Allah! (i.e. Glorified be Allah)." `Abdur-Rahman bin `Auf led the people a short prayer. When they finished the prayer, `Umar said, "O Ibn `Abbas! Find out who attacked me." Ibn `Abbas kept on looking here and there for a short time and came to say. "The slave of Al Mughira." On that `Umar said, "The craftsman?" Ibn `Abbas said, "Yes." `Umar said, "May Allah curse him. I did not treat him unjustly. All the Praises are for Allah Who has not caused me to die at the hand of a man who claims himself to be a Muslim. No doubt, you and your father (Abbas) used to love to have more non-Arab infidels in Medina." Al-Abbas had ...

I heard Allah's Apostle saying, "Anybody who spends a pair of something in Allah's Cause will be called from all the gates of Paradise, "O Allah's slave! This is good.' He who is amongst those who pray will be called from the gate of the prayer (in Paradise) and he who is from the people of Jihad will be called from the gate of Jihad, and he who is from those' who give in charity (i.e. Zakat) will be called from the gate of charity, and he who is amongst those who observe fast will be called from the gate of fasting, the gate of Raiyan." Abu Bakr said, "He who is called from all those gates will need nothing," He added, "Will anyone be called from all those gates, O Allah's Apostle?" He said, "Yes, and I hope you will be among those, O Abu Bakr."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

Allah's Apostle said, "Whoever gives two kinds (of things or property) in charity for Allah's Cause, will be called from the gates of Paradise and will be addressed, 'O slaves of Allah! Here is prosperity.' So, whoever was amongst the people who used to offer their prayers, will be called from the gate of the prayer; and whoever was amongst the people who used to participate in Jihad, will be called from the gate of Jihad; and whoever was amongst those who used to observe fasts, will be called from the gate of Ar-Raiyan; whoever was amongst those who used to give in charity, will be called from the gate of charity." Abu Bakr said, "Let my parents be sacrificed for you, O Allah's Apostle! No distress or need will befall him who will be called from those gates. Will there be any one who will be called from all these gates?" The Prophet replied, "Yes, and I hope you will be one of them."

The Prophet said, "Whoever said "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of a barley grain will be taken out of Hell. And whoever said: "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of a wheat grain will be taken out of Hell. And whoever said, "None has the right to be worshipped but Allah and has in his heart good (faith) equal to the weight of an atom will be taken out of Hell."

Mujja'ah went to the Prophet (saws) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed.

The Prophet (saws) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (saws) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam.

He then asked AbuBakr for them later on, and brought to him the document of the Prophet (saws). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates.

The text of the document written by the Prophet (saws) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."

Yahya related to me from Malik, from Hisham ibn Urwa, that Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az- Zubayr, who was with him, would do likewise.

Yahya said that Malik said, "The people of Makka and whoever else is living there besides them should go into ihram for hajj if they are in Makka, and anyone that is living in the centre of Makka and is not one of the people of Makka should not leave the Haram."

Yahya said that Malik said, "Someone who goes into ihram for hajj in Makka should delay tawaf of the House and the sa'y between Safa and Marwa until he has come back from Mina, which is what Abdullah ibn Umar used to do."

Malik was asked what the people of Madina, or anybody else, should do about tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja, and he said, "They should delay the obligatory tawaf, which is the one they combine with the say between Safa and Marwa, but they can do whatever other tawaf they want to, and they should pray two rakas every time they complete seven tawafs, which is what the companions of the Messenger of Allah, may Allah bless him and grant him peace, did when they had gone into ihram to do hajj. They delayed the tawaf of the House and the sa'y between Safa and Marwa until they had come back from Mina. Abdullah ibn Umar also did this, going into ihram for hajj in Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between Safa and Marwa until he had come back from Mina."

Malik was asked whether one of the people of Makka could go into ihram to do umra in the centre of Makka, and he said, "No. He should go outside the Haram and go into ihram there."

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

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

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

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

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

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar from Abdullah as-Sanabihi that the Messenger of Allah, may Allah bless him and grant him peace, said, "A trusting slave does wudu and as he rinses his mouth the wrong actions leave it. As he cleans his nose the wrong actions leave it. As he washes his face, the wrong actions leave it, even from underneath his eyelashes. As he washes his hands the wrong actions leave them, even from underneath his fingernails. As he wipes his head the wrong actions leave it, even from his ears. And as he washes his feet the wrong actions leave them, even from underneath the toenails of both his feet." He added, "Then his walking to the mosque and his prayer are an extra reward for him."

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

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

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good ...

Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his deen - strike his neck!"

The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that "if someone changes his deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best!

I heard the Messenger of Allah (saws) say: In eloquence there is magic, in knowledge ignorance, in poetry wisdom, and in speech heaviness.

Sa'sa'ah ibn Suhan said: The Prophet of Allah (saws) spoke the truth. His statement "In eloquence there is magic" means: (For example), there is a right due from a man who is more eloquent in reasoning than the man who is demanding his right. He (the defendant) charms the people by his speech and takes away his right. His statement "In knowledge there is ignorance" means: A scholar brings to his knowledge what he does not know, and thus he becomes ignorant of that. His statement "In poetry there is wisdom" means: These are the sermons and examples by which people receive admonition. His statement "In speech there is heaviness" means: That you present your speech and your talk to a man who is not capable of understanding it, and who does not want it.

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

Allah's Apostle said, "Your period (i.e. the Muslims' period) in comparison to the periods of the previous nations, is like the period between the `Asr prayer and sunset. And your example in comparison to the Jews and the Christians is like the example of a person who employed some laborers and asked them, 'Who will work for me till midday for one Qirat each?' The Jews worked for half a day for one Qirat each. The person asked, 'Who will do the work for me from midday to the time of the `Asr (prayer) for one Qirat each?' The Christians worked from midday till the `Asr prayer for one Qirat. Then the person asked, 'Who will do the work for me from the `Asr till sunset for two Qirats each?' " The Prophet added, "It is you (i.e. Muslims) who are doing the work from the `Asr till sunset, so you will have a double reward. The Jews and the Christians got angry and said, 'We have done more work but got less wages.' Allah said, 'Have I been unjust to you as regards your rights?' They said, 'No.' So Allah said, 'Then it is My Blessing which I bestow on whomever I like. "

Yahya related to me from Malik from Zayd ibn Aslam that the ayat "You who believe! When you rise for prayer wash your faces, and your arms to the elbows, and wipe over your heads and your feet up to the ankles," refers to rising from bed, meaning sleep.

Yahya said that Malik said, "The situation with us is that one does not have to do wudu for a nose-bleed, or for blood, or for pus issuing from the body. One only has to do wudu for impurities which issue from the genitals or the anus, or for sleep."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana and muhaqala. Muzabana was selling fresh dates for dried dates. Muhaqala was buying unharvested wheat in exchange for threshed wheat and renting land in exchange for wheat.

Ibn Shihab added that he had asked Said ibn al-Musayyab about renting land for gold and silver. He said, "There is no harm in it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade muzabana. The explanation of muzabana is that it is buying something whose number, weight and measure is not known with something whose number, weight or measure is known, for instance, if a man has a stack of food whose measure is not known, either of wheat, dates, or whatever food, or the man has goods of wheat, date kernels, herbs, safflower, cotton, flax, silk, and does not know its measure or weight or number and then a buyer approaches him and proposes that he weigh or measure or count the goods, but, before he does, he specifies a certain weight, or measure, or number and guarantees to pay the price for that amount, agreeing that whatever falls short of that amount is a loss against him and whatever is in excess of that amount is a gain for him. That is not a sale. It is taking risks and it is an uncertain transaction. It falls into the category of gambling because he is not buying something from him for something definite which he pays. Everything which resembles this is also forbidden."

Malik said that another example of that was, for instance, a man proposing to another man, "You have cloth. I will guarantee you from this cloth of yours so many hooded cloaks, the measureof each cloak to be such-and-such, (naming a measurement). Whatever loss there is, is against me and I will fulfill you the specified amount and whatever excess there is, is mine." Or perhaps the man proposed, "I will guarantee you from this cloth of yours so many shirts, the measurement of each shirt to be such-and-such, and whatever loss there is, is against me and I will fulfill the specified amount and whatever excess there is, is mine." Or perhaps a man proposed to a man who had cattle or camel hides, "I will cut up these hides of yours into sandals on a pattern I will show you. Whatever falls short of a hundred pairs, I will make up its loss and whatever is over is mine because I guaranteed you." Another ...

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

The Prophet (saws) said: If anyone wants to put a ring of fire on one he loves, let him put a gold ring on him: if anyone wants to put a necklace of fire on one he loves, let him put a gold necklace on him, and if anyone wants to put a bracelet of fire on one he loves let him put a gold bracelet on him. Keep to silver and amuse yourselves with it.

There was a man who fought most bravely of all the Muslims on behalf of the Muslims in a battle (Ghazwa) in the company of the Prophet. The Prophet looked at him and said. "If anyone would like to see a man from the people of the Fire, let him look at this (brave man)." On that, a man from the People (Muslims) followed him, and he was in that state i.e., fighting fiercely against the pagans till he was wounded, and then he hastened to end his life by placing his sword between his breasts (and pressed it with great force) till it came out between his shoulders. Then the man (who was watching that person) went quickly to the Prophet and said, "I testify that you are Allah's Apostle!" The Prophet asked him, "Why do you say that?" He said, "You said about so-and-so, 'If anyone would like to see a man from the people of the Fire, he should look at him.' He fought most bravely of all of us on behalf of the Muslims and I knew that he would not die as a Muslim (Martyr). So when he got wounded, he hastened to die and committed suicide." There-upon the Prophet said, "A man may do the deeds of the people of the Fire while in fact he is one of the people of Paradise, and he may do the deeds of the people of Paradise while in fact he belongs to the people of Fire, and verily, (the rewards of) the deeds are decided by the last actions (deeds)".

When `Umar was stabbed, he showed signs of agony. Ibn `Abbas, as if intending to encourage `Umar, said to him, "O Chief of the believers! Never mind what has happened to you, for you have been in the company of Allah's Apostle and you kept good relations with him and you parted with him while he was pleased with you. Then you were in the company of Abu Bakr and kept good relations with him and you parted with him (i.e. he died) while he was pleased with you. Then you were in the company of the Muslims, and you kept good relations with them, and if you leave them, you will leave them while they are pleased with you." `Umar said, (to Ibn "Abbas), "As for what you have said about the company of Allah's Apostle and his being pleased with me, it is a favor, Allah did to me; and as for what you have said about the company of Abu Bakr and his being pleased with me, it is a favor Allah did to me; and concerning my impatience which you see, is because of you and your companions. By Allah! If (at all) I had gold equal to the earth, I would have ransomed myself with it from the Punishment of Allah before I meet Him."

While the Prophet was in a funeral procession. he picked up something and started scraping the ground with it, and said, "There is none among you but has his place written for him either in the Hell Fire or in Paradise." They said, "O Allah's Apostle! Shall we not depend upon what has been written for us and give up deeds? He said, "Carry on doing (good) deeds, for everybody will find easy to do such deeds as will lead him to his destined place for which he has been created. So he who is destined to be among the happy (in the Hereafter), will find it easy to do the deeds characteristic of such people, while he who is destined to be among the miserable ones, will find it easy to do the deeds characteristic of such people." Then he recited: 'As for him who gives (in charity) and fears Allah, and believes in the best....' (92.5-10)