Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Muawiya ibn Abi Sufyan sold a gold or silver drinking- vessel for more than its weight. Abu'dDarda said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, forbidding such sales except like for like." Muawiya said to him, "I don't see any harm in it." Abu'd-Darda said to him, "Who will excuse me from Muawiya? I tell him something from the Messenger of Allah, may Allah bless him and grant him peace, and he gives me his own opinion! I will not live in the same land as you!" Then Abu'd-Darda went to Umar ibn al-Khattab and mentioned that to him. Umar ibn al-Khattab therefore wrote to Muawiya, "Do not sell it except like for like, weight for weight."

(the wife of the Prophet) The wife of Rifa`a Al-Qurazi came to Allah's Apostle while I was sitting, and Abu Bakr was also there. She said, 'O Allah s Apostle! I was the wife of Rifa`a and he divorced me irrevocably. Then I married `AbdurRahman bin Az-Zubair who, by Allah, O Allah's Apostle, has only something like a fringe of a garment, Showing the fringe of her veil. Khalid bin Sa`id, who was standing at the door, for he had not been admitted, heard her statement and said, "O Abu Bakr! Why do you not stop this lady from saying such things openly before Allah's Apostle?" No, by Allah, Allah's Apostle did nothing but smiled. Then he said to the lady, "Perhaps you want to return to Rifa`a? That is impossible unless `Abdur-Rahman consummates his marriage with you." That became the tradition after him.

When the delegation of `Abdul Qais came to the Prophet, he said, "Welcome, O the delegation who have come! Neither you will have disgrace, nor you will regret." They said, "O Allah's Apostle! We are a group from the tribe of Ar-Rabi`a, and between you and us there is the tribe of Mudar and we cannot come to you except in the sacred months. So please order us to do something good (religious deeds) so that we may enter Paradise by doing that, and also that we may order our people who are behind us (whom we have left behind at home) to follow it." He said, "Four and four:" offer prayers perfectly , pay the Zakat, (obligatory charity), fast the month of Ramadan, and give one-fifth of the war booty (in Allah's cause), and do not drink in (containers called) Ad-Duba,' Al-Hantam, An-Naqir and Al-Muzaffat."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

A delegation of the tribe of `Abdul Qais came to the Prophet and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and the infidels of the tribe of Mudar stands between us and you; so we cannot come to you except during the Sacred Months. Please order us to do something (religious deeds) which we may carry out and also invite to it our people whom we have left behind." The Prophet said, "I order you to do four things and forbid you four others: (I order you) to have faith in Allah, and confess that none has the right to be worshipped but Allah, (and the Prophet gestured with his hand like this (i.e. one knot) and to offer prayers perfectly and to pay the Zakat, and to pay onefifth of the booty in Allah's Cause. And I forbid you to use Dubba', Hantam, Naqir and Muzaffat (all these are the names of utensils used for preparing alcoholic drinks)."

We did not know what we should say when we sat during prayer. The Messenger of Allah (saws) was taught (by Allah). He then narrated the tradition to the same effect. Sharik reported from Jami', from AbuWa'il on the authority of Abdullah ibn Mas'ud something similar.

He said: He used to teach us also some other words, but he did not teach them as he taught us the tashahhud: O Allah, join our hearts, mend our social relationship, guide us to the path of peace, bring us from darkness to light, save us from obscenities, outward or inward, and bless our ears, our eyes, our hearts, our wives, our children, and relent toward us; Thou art the Relenting, the Merciful. And make us grateful for Thy blessing and make us praise it while accepting it and give it to us in full.

The Prophet (saws) offered the noon prayer in time of danger. Some of the people formed a row behind him and others arrayed themselves against the enemy. He led them in two rak'ahs and then he uttered the salutation. Then those who were with him went away and took the position of their companions before the enemy. Then they came and prayed behind him. He led them in two rak'ahs and uttered the salutation. Thus the Messenger of Allah (saws) offered four rak'ahs and his companions offered two rak'ahs.

Al-Hasan used to give legal verdict on the authority of this tradition.

Abu Dawud said: This will be so in the sunset prayer. The imam will offer six rak'ahs and the people three rak'ahs.

Abu Dawud said: Yahya b. Abi Kathir narrated from Abu Salamah from Jabir from the Prophet (saws) something similar. Sulaiman al-Yashkuri reported it from the Prophet (saws) in like manner.

Similar to the narration of Abu Mu'aqiyah (no. 1604) but he did not mention in it: "from Jarir" in it, and that is more correct.

There is something on this topic from Samurah.

[Abu 'Eisa said:] Most of the companions of Isma'il said: "From Isma'il, from Qais bin Abu Hazim, that the Messenger of Allah (saws) sent a military expedition." and they did not mention: "from Jarir" in it.

Hammad bin Salamah reported similar to the narration of Abu Mu'awiyah, from Al-Hajjaj bin Artah, from Isma'il bin Abi Khalid, from Qais from Jarir

[He said:] I heard Muhammad saying: "What is correct is the narration of Qais from the Prophet (saws) in Mursal form."

Samurah bin Jundab repoted that the Prophet (saws) said: "Do not live among the idolaters, and do not assemble with them, for whoever lives among them or assembles with them then he is similar to them."

"The Messenger of Allah (saws) was a slave (of Allah), who would order as he has ben ordered to. He did not give an order to us instead of the people regarding anything except for three: He ordered us that we make our Wudu' well (Isbagh), that we not eat from charity, and the we not mate a donkey with a horse."

[Abu 'Eisa said:] There is something on this topic from 'Ali. This Hadith is Hasan Sahih.

Sufyan Ath-Thawri reported this from Abu Jahdam, who said: "From 'Ubaidullah bin 'Abdullah bin 'Abbas, from Ibn 'Abbas." He said I heard Muhammad saying: "The narration of Ath-Thawri is not preserved. Ath-Thawri made a mistake in it. What is correct is what Ismail bin 'Ulaiyyah and 'Abul-Warith bin Sa'eed reported from Abu Jahdam, from 'Abdullah bin 'Ubaidullah bin 'Abbas from Ibn 'Abbas."

Ibn `Abbas said, "In the verse: To every one We have appointed ' (Muwaliya Muwaliya means one's) heirs (4.33).' (And regarding the verse) 'And those with whom your right hands have made a pledge.' Ibn `Abbas said, "When the emigrants came to the Prophet in Medina, the emigrant would inherit the Ansari while the latter's relatives would not inherit him because of the bond of brotherhood which the Prophet established between them (i.e. the emigrants and the Ansar). When the verse: 'And to everyone We have appointed heirs' (4.33) was revealed, it canceled (the bond (the pledge) of brotherhood regarding inheritance)." Then he said, "The verse: To those also to whom your right hands have pledged, remained valid regarding cooperation and mutual advice, while the matter of inheritance was excluded and it became permissible to assign something in one's testament to the person who had the right of inheriting before.

We were one-hundred and thirty persons accompanying the Prophet who asked us whether anyone of us had food. There was a man who had about a Sa of wheat which was mixed with water then. A very tall pagan came driving sheep. The Prophet asked him, "Will you sell us (a sheep) or give it as a present?" He said, "I will sell you (a sheep)." The Prophet bought a sheep and it was slaughtered. The Prophet ordered that its liver and other Abdominal organs be roasted. By Allah, the Prophet gave every person of the one-hundred-and-thirty a piece of that; he gave all those of them who were present; and kept the shares of those who were absent. The Prophet then put its meat in two huge basins and all of them ate to their fill, and even then more food was left in the two basins which were carried on the camel (or said something like it).

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."

Who had taken part in the battle of Badr with Allah's Apostle and had been amongst his companions on the night of Al-`Aqaba Pledge: Allah's Apostle, surrounded by a group of his companions said, "Come along and give me the pledge of allegiance that you will not worship anything besides Allah, will not steal, will not commit illegal sexual intercourse will not kill your children, will not utter; slander, invented by yourself, and will not disobey me if I order you to do something good. Whoever among you will respect and fulfill this pledge, will be rewarded by Allah. And if one of you commits any of these sins and is punished in this world then that will be his expiation for it, and if one of you commits any of these sins and Allah screens his sin, then his matter, will rest with Allah: If He will, He will punish him and if He will,. He will excuse him." So I gave the pledge of allegiance to him for these conditions.

The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an allevitation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178)

Once `Umar (bin Al-Khattab) said to the companions of the Prophet "What do you think about this Verse:--"Does any of you wish that he should have a garden?" They replied, "Allah knows best." `Umar became angry and said, "Either say that you know or say that you do not know!" On that Ibn `Abbas said, "O chief of the believers! I have something in my mind to say about it." `Umar said, "O son of my brother! Say, and do not under estimate yourself." Ibn `Abbas said, "This Verse has been set up as an example for deeds." `Umar said, "What kind of deeds?" Ibn `Abbas said, "For deeds." `Umar said, "This is an example for a rich man who does goods out of obedience of Allah and then Allah sends him Satan whereupon he commits sins till all his good deeds are lost."

Malik said, "What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered."

Malik added, "The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave."

Malik said, "When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods."

Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ''Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . "

Allah's Prophet said, "When Allah decrees some order in the heaven, the angels flutter their wings indicating complete surrender to His saying which sounds like chains being dragged on rock. And when the state of fear disappears, they ask each other, "What has your Lord ordered? They say that He has said that which is true and just, and He is the Most High, the Most Great." (34.23). Then the stealthy listeners (devils) hear this order, and these stealthy listeners are like this, one over the other." (Sufyan, a sub-narrator demonstrated that by holding his hand upright and separating the fingers.) A stealthy listener hears a word which he will convey to that which is below him and the second will convey it to that which is below him till the last of them will convey it to the wizard or foreteller. Sometimes a flame (fire) may strike the devil before he can convey it, and sometimes he may convey it before the flame (fire) strikes him, whereupon the wizard adds to that word a hundred lies. The people will then say, 'Didn't he (i.e. magician) tell such-and-such a thing on such-and-such date?' So that magician is said to have told the truth because of the Statement which has been heard from the heavens."

Regarding His (Allah's) Statement:-- 'Move not your tongue concerning (the Qur'an) to make haste therewith.' (75.16) And whenever Gabriel descended to Allah's Apostle with the Divine Inspiration, Allah's Apostle used to move his tongue and lips, and that used to be hard for him, and one could easily recognize that he was being inspired Divinely. So Allah revealed the Verse which occurs in the Surah starting with "I do swear by the Day of Resurrection.' (75.1) i.e. 'Move not your tongue concerning (the Qur'an) to make haste then with. It is for Us to collect it (in your mind) (O Muhammad) an give you the ability to recite it 'by heart.' (75.16-17) which means: It is for us to collect it (in your mind) and give you the ability to recite it by heart. And when We have recited it to you (O Muhammad) through Gabriel then follow you its recital. (75.18) means: 'When We reveal it (the Qur'an) to you, Listen to it.' for then: It is for Us to explain it and make it clear to you' (75.19) i.e. It is up to Us to explain it through your tongue. So, when Gabriel came to him, Allah's Apostle would listen to him attentively, and as soon as Gabriel left, he would recite the Revelations, as Allah had promised him.

Yahya related to me from Malik from Ibn Shihab that Abu Ubayd, the mawla of Ibn Azhar said, "I was present at an id with Umar ibn al- Khattab. He prayed, and then after he had prayed he gave a khutba to the people and said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade fasting on these two days - the day you break your fast (after Ramadan), and the day you eat from your sacrifice (after Hajj) .' "

Abu Ubaydcontinued,"Then I was present at an id with Uthman ibn Affan. He came and prayed, and when he had finished he gave a khutba and said, 'Two ids have been joined together for you on this day of yours. If any of the people of al-Aliyya (the hills outlying Madina) want to wait for the jumua they can do so, and if any of them want to return, I have given them permission.' Abu Ubayd continued, "Then I was present at an id with AIi ibn Abi Talib (at the time when Uthman was being detained). He came and prayed, and then after he had prayed he gave a khutba."

Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Anas ibn Malik said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our animals are dying and our camels are too weak to travel, so make dua to Allah.' The Messenger of Allah, may Allah bless him and grant him peace, made dua, and it rained on us from one jumua to the next."

Anas continued, "Then a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our houses have fallen down, the paths are blocked, and our flocks are dying.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'O Allah, (only) the mountain and hill-tops, the valley bottoms, and the places where trees grow.' "

Anas added, "It cleared away from Madina like a garment being removed."

Malik said, about a man who missed the prayer of asking for rain but caught the khutba, and wished to pray in the mosque, or in his house when he returned, "He is free to do so, or not, as he wishes."

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

Allah's Apostle said, "When (Allah's) slave is put in his grave and his companions return and he even hears their footsteps, two angels come to him and make him sit and ask, 'What did you use to say about this man (i.e. Muhammad)?' The faithful Believer will say, 'I testify that he is Allah's slave and His Apostle.' Then they will say to him, 'Look at your place in the Hell Fire; Allah has given you a place in Paradise instead of it.' So he will see both his places." (Qatada said, "We were informed that his grave would be made spacious." Then Qatada went back to the narration of Anas who said;) Whereas a hypocrite or a non-believer will be asked, "What did you use to say about this man." He will reply, "I do not know; but I used to say what the people used to say." So they will say to him, "Neither did you know nor did you take the guidance (by reciting the Qur'an)." Then he will be hit with iron hammers once, that he will send such a cry as everything near to him will hear, except Jinns and human beings. (See Hadith No. 422).

Ya`la used to say, "I wish I could see Allah's Apostle at the time when he is being inspired divinely." Ya`la added "While the Prophet was at Al-Ja'rana, shaded with a cloth sheet (in the form of a tent) and there were staying with him, some of his companions under it, suddenly there came to him a bedouin wearing a cloak and perfumed extravagantly. He said, "O Allah's Apostle ! What is your opinion regarding a man who assumes the state of Ihram for `Umra wearing a cloak after applying perfume to his body?" `Umar signalled with his hand to Ya`la to come (near). Ya`la came and put his head (underneath that cloth sheet) and saw the Prophet red-faced and when that state (of the Prophet ) was over, he said, "Where is he who as already asked me about the `Umra?" The man was looked for and brought to the Prophet The Prophet said (to him), "As for the perfume you have applied to your body, wash it off your body) thrice, and take off your cloak, and then do in your `Umra the rites you do in your Hajj."

Abu Dawud said : This tradition has been narrated al-Zuhri from Abu Salamah b. ‘Abd al-Rahman on the authority of Abu Hurairah. It says: When he stood at the place of prayer, we waited for his utterance of takbir (Allah-u akbar).He went away and said : (remain) as you were.

Another version on the authority of Muhammad reporting from the Prophet (saws) says: He uttered takbir (Allah-u-Akbar) and then made a sign to the people, meaning "sit down". He then went away and took a bath. This tradition has also been narrated through a different chain. It says: The Messenger of Allah (saws) uttered takbir (Allah-u-akbar) in a prayer.

Abu Dawud said: Another version through a different chain says; The Prophet (May peace be upon him) uttered takbir (Allah-u akbar).

The commencement of the Divine Inspiration to Allah's Apostle was in the form of good righteous (true) dreams in his sleep. He never had a dream but that it came true like bright day light. He used to go in seclusion (the cave of) Hira where he used to worship(Allah Alone) continuously for many (days) nights. He used to take with him the journey food for that (stay) and then come back to (his wife) Khadija to take his food like-wise again for another period to stay, till suddenly the Truth descended upon him while he was in the cave of Hira. The angel came to him in it and asked him to read. The Prophet replied, "I do not know how to read." (The Prophet added), "The angel caught me (forcefully) and pressed me so hard that I could not bear it anymore. He then released me and again asked me to read, and I replied, "I do not know how to read," whereupon he caught me again and pressed me a second time till I could not bear it anymore. He then released me and asked me again to read, but again I replied, "I do not know how to read (or, what shall I read?)." Thereupon he caught me for the third time and pressed me and then released me and said, "Read: In the Name of your Lord, Who has created (all that exists). Has created man from a clot. Read and Your Lord is Most Generous...up to..... ..that which he knew not." (96.15) Then Allah's Apostle returned with the Inspiration, his neck muscles twitching with terror till he entered upon Khadija and said, "Cover me! Cover me!" They covered him till his fear was over and then he said, "O Khadija, what is wrong with me?" Then he told her everything that had happened and said, 'I fear that something may happen to me." Khadija said, 'Never! But have the glad tidings, for by Allah, Allah will never disgrace you as you keep good reactions with your Kith and kin, speak the truth, help the poor and the destitute, serve your guest generously and assist the deserving, calamityafflicted ones." Khadija then accompanied him to (her cousin) Waraqa bin Naufal bin Asad bin `Abdul `Uzza bin Qusai. Waraqa was the son of her paternal uncle, i.e., her father's brother, who during the Pre-Islamic Period became a Christian and used to write the Arabic writing and used to write of the Gospels in Arabic as much as Allah wished him to write. He was an old man and had lost his eyesight. Khadija said to him, "O my cousin! Listen to the story of your nephew." Waraqa asked, "O my nephew! What have you seen?" The Prophet described whatever he had seen. Waraqa said, "This is the same Namus (i.e., Gabriel, the Angel who keeps the secrets) whom Allah had sent to Moses. I wish I were young and could live up to the time when your people would turn you out." Allah's Apostle asked, "Will they turn me out?" Waraqa replied in the affirmative and said: "Never did a man come with something similar to what you have brought but was treated with hostility. If I should remain alive till the day when you will be turned out then I would support you strongly." But after a few days Waraqa died and the Divine Inspiration was also paused for a while and the Prophet became so sad as we have heard that he intended several times to throw himself from the tops of high mountains and every time he went up the top of a mountain in order to throw himself down, Gabriel would appear before him and say, "O Muhammad! You are indeed Allah's Apostle in truth" whereupon his heart would become quiet and he would calm down and would return home. And whenever the period of the coming of the inspiration used to become long, he would do as before, but when he used to reach the top of a mountain, Gabriel would appear before him and say to him what he had said before. (Ibn `Abbas said regarding the meaning of: 'He it is that Cleaves the daybreak (from the darkness)' (6.96) that Al-Asbah. means the light of the sun during the day and the light of the moon at night).

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

`Abdur Rahman bin Abi Bakr said, "The Suffa Companions were poor people and the Prophet said, 'Whoever has food for two persons should take a third one from them (Suffa companions). And whosoever has food for four persons he should take one or two from them' Abu Bakr took three men and the Prophet took ten of them." `Abdur Rahman added, my father my mother and I were there (in the house). (The sub-narrator is in doubt whether `Abdur Rahman also said, 'My wife and our servant who was common for both my house and Abu Bakr's house). Abu Bakr took his supper with the Prophet and remained there till the `Isha' prayer was offered. Abu Bakr went back and stayed with the Prophet till the Prophet took his meal and then Abu Bakr returned to his house after a long portion of the night had passed. Abu Bakr's wife said, 'What detained you from your guests (or guest)?' He said, 'Have you not served them yet?' She said, 'They refused to eat until you come. The food was served for them but they refused." `Abdur Rahman added, "I went away and hid myself (being afraid of Abu Bakr) and in the meantime he (Abu Bakr) called me, 'O Ghunthar (a harsh word)!' and also called me bad names and abused me and then said (to his family), 'Eat. No welcome for you.' Then (the supper was served). Abu Bakr took an oath that he would not eat that food. The narrator added: By Allah, whenever any one of us (myself and the guests of Suffa companions) took anything from the food, it increased from underneath. We all ate to our fill and the food was more than it was before its serving. Abu Bakr looked at it (the food) and found it as it was before serving or even more than that. He addressed his wife (saying) 'O the sister of Bani Firas! What is this?' She said, 'O the pleasure of my eyes! The food is now three times more than it was before.' Abu Bakr ate from it, and said, 'That (oath) was from Satan' meaning his oath (not to eat). Then he again took a morsel (mouthful) from it and then took the rest of it to the Prophet. So that meal was with the Prophet. There was a treaty between us and some people, and when the period of that treaty had elapsed the Prophet divided us into twelve (groups) (the Prophet's companions) each being headed by a man. Allah knows how many men were under the command of each (leader). So all of them (12 groups of men) ate of that meal."

Yahya said that Malik spoke about an investor paying qirad money to an agent who made a profit and then wanted to take his share of the profit and the investor was away. He said, "He should not take any of it unless the investor is present. If he takes something from it, he is responsible for it until it is accounted for in the division of the capital."

Malik said, "It is not permitted for the parties involved in a qirad to account and divide property which is away from them until the capital is present, and the investor is given the principal in full. Then they divide the profit into their agreed portions."

Malik spoke about a man taking qirad money, and buying goods with it while he had a debt. His creditors sought and found him while he was in a city away from the investor, and he had profitable merchandise whose good quality was clear. They wanted him to sell the merchandise for them so that they could take his share of the profit. Malik said, "None of the profit of the qirad is taken until the investor is present. He takes his principal and then the profit is divided mutually between them."

Malik spoke about an investor who put qirad money with an agent and he used it and had a profit. Then the principal was set aside and the profit divided. He took his share and added the share of the investor to his principal in the presence of witnesses he had called. Malik said, "It is not permitted to divide the profit unless the investor is present. If he has taken something here turns it until the investor has received the principal in full. Then what remains is divided into their respective portions."

Malik spoke about an investor who put qirad money with an agent. The agent used it and then came to the investor and said, "This is your portion of the profit, and I have taken the like of it for myself, and I have retained your principal in full." Malik said, "I do not like that, unless all the capital is present, the principal is there and he knows that it is complete and he receives it. Then they divide the profit between them. He returns the principal to him if he wishes, or he keeps it. The presence of the principal is necessary out of fear that the agent might have lost some of it, and so may want it not to be removed from him and to keep it in his hand."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abdullah ibn Abbas said, "There was an eclipse of the sun and the Messenger of Allah, may Allah bless him and grant him peace, prayed, and the people prayed with him. He stood for a long time, nearly as long as (it takes to recite) Surat al-Baqara (Sura 2), and then went into ruku for a long time. Then he rose and stood for a long time, though less than the first time.Then he went into ruku for a long time, though less than the first time. Then he went down into sajda. Then he stood for a long time, though less than the first time. Then he went into ruku for a long time, though less than the first time. Then he rose and stood for a long time, though less than the firsttime. Then he went into ruku for a long time, though less than the first time. Then he went down into sajda, and by the time he had finished the sun had appeared. Then he said, 'The sun and the moon are two of Allah's signs. They do not eclipse for anyone's death nor for anyone's life. When you see an eclipse, remember Allah.' They said, 'Messenger of Allah, we saw you reach out for something while you were standing here and then we saw you withdraw.' He said, 'I saw the Garden and I reached out for a bunch of grapes from it, and if I had taken it you would have been able to eat from it for as long as this world lasted. Then I saw the Fire - and I have never seen anything more hideous than what I saw today - and I saw that most of its people were women.' They said, 'Why, Messenger of Allah?' He said, 'Because of their ungratefulness (kufr).' Someone said, 'Are they ungrateful toAllah?' He said, 'They are ungrateful to their husbands and they are ungrateful for good behaviour (towards them) . Even if you were to behave well towards one of them for a whole lifetime and then she were to see you do something (that she did not like) she would say that she had never seen anything good from you.' "

`Umar set out along with the Prophet (p.b.u.h) with a group of people to Ibn Saiyad till they saw him playing with the boys near the hillocks of Bani Mughala. Ibn Saiyad at that time was nearing his puberty and did not notice (us) until the Prophet stroked him with his hand and said to him, "Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Messenger of illiterates." Then Ibn Saiyad asked the Prophet (p.b.u.h), "Do you testify that I am Allah's Apostle?" The Prophet (p.b.u.h) refuted it and said, "I believe in Allah and His Apostles." Then he said (to Ibn Saiyad), "What do you think?" Ibn Saiyad answered, "True people and liars visit me." The Prophet said, "You have been confused as to this matter." Then the Prophet said to him, "I have kept something (in my mind) for you, (can you tell me that?)" Ibn Saiyad said, "It is Al-Dukh (the smoke)." (2) The Prophet said, "Let you be in ignominy. You cannot cross your limits." On that `Umar, said, "O Allah's Apostle! Allow me to chop his head off." The Prophet (p.b.u.h) said, "If he is he (i.e. Dajjal), then you cannot overpower him, and if he is not, then there is no use of murdering him." (Ibn `Umar added): Later on Allah's Apostle (p.b.u.h) once again went along with Ubai bin Ka`b to the date-palm trees (garden) where Ibn Saiyad was staying. The Prophet (p.b.u.h) wanted to hear something from Ibn Saiyad before Ibn Saiyad could see him, and the Prophet (p.b.u.h) saw him lying covered with a sheet and from where his murmurs were heard. Ibn Saiyad's mother saw Allah's Apostle while he was hiding himself behind the trunks of the date-palm trees. She addressed Ibn Saiyad, "O Saf ! (and this was the name of Ibn Saiyad) Here is Muhammad." And with that Ibn Saiyad got up. The Prophet said, "Had this woman left him (Had she not disturbed him), then Ibn Saiyad would have revealed the reality of his case.

He asked: What are they, Ibn Jurayj? He replied: I saw you touching only the two Yamani corners; and I saw you wearing shoes having no hair; I saw you dyeing in yellow colour; and I saw you wearing ihram on the eighth of Dhul-Hijjah, whereas the people had worn ihram when they sighted the moon.

Abdullah ibn Umar replied: As regards the corners, I have not seen the Messenger of Allah (saws) touching anything (in the Ka'bah) but the two Yamani corners. As for the tanned leather shoes, I have seen the Messenger of Allah (saws) wearing tanned leather shoes, and he would wear them after ablution. Therefore I like to wear them. As regards wearing yellow, I have seen the Messenger of Allah (saws) wearing yellow, so I like to wear with it. As regards shouting the talbiyah, I have seen the Messenger of Allah (saws) raising his voice in talbiyah when his she-camel stood up with him on its back.

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

Ya`la used to say, "I wish I could see Allah's Apostle at the time he is being inspired Divinely." When the Prophet was at Al-Ja'rana and was shaded by a garment hanging over him and some of his companions were with him, a man perfumed with scent came and said, "O Allah's Apostle! What is your opinion regarding a man who assumes Ihram and puts on a cloak after perfuming his body with scent?" The Prophet waited for a while, and then the Divine Inspiration descended upon him. `Umar pointed out to Ya`la, telling him to come. Ya`la came and pushed his head (underneath the screen which was covering the Prophet ) and behold! The Prophet's face was red and he kept on breathing heavily for a while and then he was relieved. Thereupon he said, "Where is the questioner who asked me about `Umra a while ago?" The man was sought and then was brought before the Prophet who said (to him), "As regards the scent which you perfumed your body with, you must wash it off thrice, and as for your cloak, you must take it off; and then perform in your `Umra all those things which you perform in Hajj."

Allah's Apostle said, "The thing I am afraid of most for your sake, is the worldly blessings which Allah will bring forth to you." It was said, "What are the blessings of this world?" The Prophet said, "The pleasures of the world." A man said, "Can the good bring forth evil?" The Prophet kept quiet for a while till we thought that he was being inspired divinely. Then he started removing the sweat from his forehead and said," Where is the questioner?" That man said, "I (am present)." Abu Sa`id added: We thanked the man when the result (of his question) was such. The Prophet said, "Good never brings forth but good. This wealth (of the world) is (like) green and sweet (fruit), and all the vegetation which grows on the bank of a stream either kills or nearly kills the animal that eats too much of it, except the animal that eats the Khadira (a kind of vegetation). Such an animal eats till its stomach is full and then it faces the sun and starts ruminating and then it passes out dung and urine and goes to eat again. This worldly wealth is (like) sweet (fruit), and if a person earns it (the wealth) in a legal way and spends it properly, then it is an excellent helper, and whoever earns it in an illegal way, he will be like the one who eats but is never satisfied."

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

Once in the lifetime of the Prophet (p.b.u.h) the people were afflicted with drought (famine). While the Prophet was delivering the Khutba on a Friday, a Bedouin stood up and said, "O, Allah's Apostle! Our possessions are being destroyed and the children are hungry; Please invoke Allah (for rain)". So the Prophet raised his hands. At that time there was not a trace of cloud in the sky. By Him in Whose Hands my soul is as soon as he lowered his hands, clouds gathered like mountains, and before he got down from the pulpit, I saw the rain falling on the beard of the Prophet. It rained that day, the next day, the third day, the fourth day till the next Friday. The same Bedouin or another man stood up and said, "O Allah's Apostle! The houses have collapsed, our possessions and livestock have been drowned; Please invoke Allah (to protect us)". So the Prophet raised both his hands and said, "O Allah! Round about us and not on us". So, in whatever direction he pointed with his hands, the clouds dispersed and cleared away, and Medina's (sky) became clear as a hole in between the clouds. The valley of Qanat remained flooded, for one month, none came from outside but talked about the abundant rain.

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.' "

Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.

Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "