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).

Some poor people came to the Prophet and said, "The wealthy people will get higher grades and will have permanent enjoyment and they pray like us and fast as we do. They have more money by which they perform the Hajj, and `Umra; fight and struggle in Allah's Cause and give in charity." The Prophet said, "Shall I not tell you a thing upon which if you acted you would catch up with those who have surpassed you? Nobody would overtake you and you would be better than the people amongst whom you live except those who would do the same. Say "Subhana l-lah", "Al hamdu li l-lah" and "Allahu Akbar" thirty three times each after every (compulsory) prayer." We differed and some of us said that we should say, "Subhan-al-lah" thirty three times and "Al hamdu li l-lah" thirty three times and "Allahu Akbar" thirty four times. I went to the Prophet who said, "Say, "Subhan-al-lah" and "Al hamdu li l-lah" and "Allahu Akbar" all together [??], thirty three times."

`Abdul Malik wrote to Al-Hajjaj that he should not differ from Ibn `Umar during Hajj. On the Day of `Arafat, when the sun declined at midday, Ibn `Umar came along with me and shouted near Al- Hajjaj's cotton (cloth) tent. Al-Hajjaj came Out, wrapping himself with a waist-sheet dyed with safflower, and said, "O Abu `Abdur-Rahman! What is the matter?" He said, If you want to follow the Sunna (the tradition of the Prophet (p.b.u.h) ) then proceed (to `Arafat)." Al-Hajjaj asked, "At this very hour?" Ibn `Umar said, "Yes." He replied, "Please wait for me till I pour some water over my head (i.e. take a bath) and come out." Then Ibn `Umar dismounted and waited till Al-Hajjaj came out. So, he (Al-Hajjaj) walked in between me and my father (Ibn `Umar). I said to him, "If you want to follow the Sunna then deliver a brief sermon and hurry up for the stay at `Arafat." He started looking at `Abdullah (Ibn `Umar) (inquiringly), and when `Abdullah noticed that, he said that he had told the truth.

When Sahl bin Hunaif returned from (the battle of) Siffin, we went to ask him (as to why he had come back). He replied, "(You should not consider me a coward) but blame your opinions. I saw myself on the day of Abu Jandal (inclined to fight), and if I had the power of refusing the order of Allah's Apostle then, I would have refused it (and fought the infidels bravely). Allah and His Apostle know (what is convenient) better. Whenever we put our swords on our shoulders for any matter that terrified us, our swords led us to an easy agreeable solution before the present situation (of disagreement and dispute between the Muslims). When we mend the breach in one side, it opened in another, and we do not know what to do about it."

When the Prophet realized that the Quraish had delayed in embracing Islam, he said, "O Allah! Protect me against their evil by afflicting them with seven (years of famine) like the seven years of (Prophet) Joseph." So they were struck with a year of famine that destroyed everything till they had to eat bones, and till a man would look towards the sky and see something like smoke between him and it. Allah said:-- "Then watch you (O Muhammad) for the day when the sky will produce a kind of smoke plainly visible." (44.10) And Allah further said:-- "Verily! We shall withdraw the punishment a little, Verily you will return (to disbelief)." (44.15) (Will Allah relieve them from torture on the Day of Resurrection?) (The punishment of) the smoke had passed and Al-Baltsha (the destruction of the pagans in the Badr battle) had passed too.

I heard Ibn `Abbas answering a man who asked him, "Did you attend the prayer of `Id al Adha or `Idal- Fitr with Allah's Apostle?" Ibn `Abbas replied, "Yes, and had it not been for my close relationship with him, I could not have offered it." (That was because of his young age). Ibn `Abbas further said, Allah's Apostle went out and offered the Id prayer and then delivered the sermon." Ibn `Abbas did not mention anything about the Adhan (the call for prayer) or the Iqama. He added, "Then the Prophet went to the women and instructed them and gave them religious advice and ordered them to give alms and I saw them reaching out (their hands to) their ears and necks (to take off the earrings and necklaces, etc.) and throwing (it) towards Bilal. Then the Prophet returned with Bilal to his house . "

that Yahya bin Sa`id bin Al-`As divorced the daughter of `Abdur-Rahman bin Al-Hakarn. `Abdur- Rahman took her to his house. On that `Aisha sent a message to Marwan bin Al-Hakam who was the ruler of Medina, saying, "Fear Allah, and urge your brother) to return her to her house." Marwan (in Sulaiman's version) said, "Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument)." (In Al-Qasim's versions Marwan said, "Have you not heard of the case of Fatima bint Qais?" Aisha said, "The case of Fatima bint Qais is not in your favor.' Marwan bin Al-Hakam said to `Aisha, "The reason that made Fatima bint Qais go to her father's house is just applicable to the daughter of `Abdur-Rahman."

My companions, who came with me in the boat and I landed at a place called Baqi [??] Buthan [??] . The Prophet was in Medina at that time. One of us used to go to the Prophet by turns every night at the time of the `Isha prayer. Once I along with my companions went to the Prophet and he was busy in some of his affairs, so the `Isha' prayer was delayed to the middle of the night He then came out and led the people (in prayer). After finishing from the prayer, he addressed the people present there saying, "Be patient! Don't go away. Have the glad tiding. It is from the blessing of Allah upon you that none amongst mankind has prayed at this time save you." Or said, "None except you has prayed at this time." Abu Musa added, 'So we returned happily after what we heard from Allah's Apostle ."

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."

27 Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, if he was travelling in Ramadan and knew that he would reach Madina at the begining of the day ,would do so fasting.

Yahya said that Malik said, "Someone who is travelling and knows that he will be reaching his people in the first part of the day, and then dawn breaks before he gets there, should be fasting when he gets there."

Malik said, "Someone who intends to go away (on a journey) in Ramadan, and then dawn breaks while he is still on his land before he has left, should fast that day."

Malik said that a man who returns from a journey in Ramadan and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath."

Malik said, "The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception."

Yahya said, "Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil."

Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al- Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it " They returned to Marwan and told him. Marwan said, "I told you."

Malik said that there was no harm in eating fish caught by magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "In the sea's water is purity, and that which is dead in it is halal. "

Malik said, "If it is eaten when it is dead, there is no harm in who catches it."

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 mentioned that he would practice I`tikaf in the last ten days of Ramadan. `Aisha asked his permission to perform I`tikaf and he permitted her. Hafsa asked `Aisha to take his permission for her, and she did so. When Zainab bint Jahsh saw that, she ordered a tent to be pitched for her and it was pitched for her. Allah's Apostle used to proceed to his tent after the prayer. So, he saw the tents ans asked, "What is this?" He was told that those were the tents of Aisha, Hafsa, and Zainab. Allah's Apostle said, "Is it righteousness which they intended by doing so? I am not going to perform I`tikaf." So he returned home. When the fasting month was over, he performed Itikar for ten days in the month of Shawwal.

Here (i.e. in Mecca) there was a man called Nawwas and he had camels suffering from the disease of excessive and unquenchable thirst. Ibn `Umar went to the partner of Nawwas and bought those camels. The man returned to Nawwas and told him that he had sold those camels. Nawwas asked him, "To whom have you sold them?" He replied, "To such and such Sheikh." Nawwas said, "Woe to you; By Allah, that Sheikh was Ibn `Umar." Nawwas then went to Ibn `Umar and said to him, "My partner sold you camels suffering from the disease of excessive thirst and he had not known you." Ibn `Umar told him to take them back. When Nawwas went to take them, Ibn `Umar said to him, "Leave them there as I am happy with the decision of Allah's Apostle that there is no oppression . "

While I was riding a (slow) and tired camel, the Prophet passed by and beat it and prayed for Allah's Blessings for it. The camel became so fast as it had never been before. The Prophet then said, "Sell it to me for one Uqiyya (of gold)." I said, "No." He again said, "Sell it to me for one Uqiyya (of gold)." I sold it and stipulated that I should ride it to my house. When we reached (Medina) I took that camel to the Prophet and he gave me its price. I returned home but he sent for me (and when I went to him) he said, "I will not take your camel. Take your camel as a gift for you." (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina).

(the wife of the Prophet) That she came to visit Allah's Apostle while he was in I`tikaf (i.e. seclusion in the Mosque during the last ten days of Ramadan). When she got up to return, Allah's Apostle got up with her and accompanied her, and when he reached near the gate of the Mosque close to the door (of the house) of Um Salama, the wife of the Prophet, two Ansari men passed by them and greeted Allah's Apostle and then went away. Allah's Apostle addressed them saying, "Don't hurry! (She is my wife)," They said, "Glorified be Allah! O Allah's Apostle (You are far away from any suspicion)," and his saying was hard on them. Allah's Apostle said, "Satan circulates in the mind of a person as blood does (in his body). I was afraid that Satan might put some (evil) thoughts in your minds."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man of Thaqif gave his wife command over herself, and she said, "You are divorced." He was silent. She said, "You are divorced." He said, "May a stone be in your mouth." She said, "You are divorced." He said, "May a stone be in your mouth." They argued and went to Marwan ibn al-Hakam. He took an oath that he had only given her control over one pronouncement, and then she returned to him.

Malik said that Abd ar-Rahman declared that this decision had amazed al-Qasim, who thought it the best that he had heard on the subject.

Malik added, "That is also the best of what I have heard on the subject."

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods.

Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda.

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

Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation."

"I heard my father saying in the presence of the enemy: 'The Messenger of Allah (saws) said: "Indeed, the gates of Paradise are under the shadows of the swords.'" A man among the people with ragged appearance said: 'Have you heard what you mentioned from the Messenger of Allah (saws) ?' He said: 'Yes.' So he returned to his comrades and bid them Salam (farewell), broke the sheath of his sword, and began fighting with it until he was killed."

[Abu 'Eisa said:] This Hadith is Sahih Gharib. We do not know it except as a narration of Ja'far bin Sulaiman [Ad-Dubai']. (One of the narrators) Abu 'Imran Al-Jawni's name is 'Abdul Malik bin Habib. As for Abu Bakr bin Abi Musa, Ahmad bin Hanbal said: "That is his name."

Yahya ibn Abdullah said: When the captives (of the battle of Badr) were brought, Sawdah daughter of Zam'ah was present with the children of Afra' at the halting place of their camels, that is, Awf and Mu'awwidh sons of Afra'.

This happened before the prescription of veil for them. Sawdah said: I swear by Allah, I was with them when I came (from there to the people) and I was told: These are captives recently brought (here). I returned to my house, and the Messenger of Allah (saws) was there, and AbuZayd Suhayl ibn Amr was in the corner of the apartment and his hands were tied up on his neck with a rope. He then narrated the rest of the tradition.

Abu Dawud said: They (the sons of 'Afra') killed Abu Jahl b. Hisham. They were deputed for him though they did not realize him: and they were killed in the battle of Badr.

When the people of Mecca sent about ransoming their prisoners Zaynab sent some property to ransom Abul'As, sending among it a necklace of hers which Khadijah had had, and (which she) had given to her when she married Abul'As. When the Messenger of Allah (saws) saw it, he felt great tenderness about it and said: If you consider that you should free her prisoner for her and return to her what belongs to her, (it will be well). They said: Yes. The Messenger of Allah (saws) made an agreement with him that he should let Zaynab come to him, and the Messenger of Allah (saws) sent Zayd ibn Harithah and a man of the Ansar (the Helpers) and said: Wait in the valley of Yajij till Zaynab passes you, then you should accompany her and bring her back.

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

The Prophet said, "Amongst the men of Bani Israel there was a man who had murdered ninety-nine persons. Then he set out asking (whether his repentance could be accepted or not). He came upon a monk and asked him if his repentance could be accepted. The monk replied in the negative and so the man killed him. He kept on asking till a man advised to go to such and such village. (So he left for it) but death overtook him on the way. While dying, he turned his chest towards that village (where he had hoped his repentance would be accepted), and so the angels of mercy and the angels of punishment quarrelled amongst themselves regarding him. Allah ordered the village (towards which he was going) to come closer to him, and ordered the village (whence he had come), to go far away, and then He ordered the angels to measure the distances between his body and the two villages. So he was found to be one span closer to the village (he was going to). So he was forgiven."

Yahya said that Malik said, "The generally agreed on way of doing things among us about an investor who pays qirad money to an agent to buy goods, and the agent then sells the goods for a price to be paid later, and has a profit in the transaction, then the agent dies before he has received payment, is that if his heirs want to take that money, they have their father's stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect it from the debtor and they refer him to the investor, they are not obliged to collect it and there is nothing against them and nothing for them by their surrendering it to the investor. If they do collect it, they have a share of it and expenses like their father had. They are in the position of their father. If they are not trustworthy to do so, they can bring someone reliable and trustworthy to collect the money. If he collects all the capital and all the profit, they are in the position of their father."

Malik spoke about an investor who paid qirad money to a man provided that he used it and was responsible for any delayed payment for which he sold it. He said, "This is obligatory on the agent. If he sells it for delayed payment, he is responsible for it."

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Wahb ibn Kaysan that Jabir ibn Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, sent a delegation to the coast. Abu Ubayda ibn al- Jarrah was in command of them. There were 300 people and I was among them. We went out until we had gone part of the way and our provisions were finished. Abu Ubayda ordered that the provisions of the army be gathered up and they amounted to two containers of dates. He used to give us a little provision from it each day until it was finished, and we used to have only a single date each. I said, 'What use is one date?' He said, 'We will certainly feel its loss when they are finished.' "

Jabir continued, "Then we reached the sea and there was a fish like a small mountain. The army ate from it for eighteen nights. Then Abu Ubayda ordered two ribs from it to be set up. Then he commanded that a camel be ridden underneath them and it did not touch them."

"The Messenger of Allah (saws) prohibited two sales in one."

There are narrations on this topic from 'Abdullah bin 'Amr, Ibn 'Umar, and Ibn Mas'ud.

[Abu Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge. Some of the people of knowledge have explained it by saying that two sales in one is when one says: "I will sell you this garment for ten in cash, and twenty on credit." He does not distinguish between either of the two sales. But when he distinguishes it as being one of them, then there is no harm when one of them is agreed upon.

Ash-Shafi'i said: "Included in the meaning of what the Prophet (saws) prohibited of regarding two sales in one, is if one said: 'I will sell you the house of mine for that (price), upon the condition that you sell me you alve for this (price). When I get the slave, then you get the house.' In this way the sales are distinguished without the prices being known, and neither of them knows what will happen at the conclusion of it (the agreement)."

Abu Hurairah said “When the Prophet (saws) entered Makkah he left Al Zubair bin Al Awwam, Abu ‘Ubaidah bin Al Jarrah and Khalid bin Al Walid on the horses and he said “Abu Hurairah call the helpers.” He said”Go this way. Whoever appears before you kill him”. A man called “the Quraish will be no more after today.” The Apostle of Allaah(saws) said “he who entered house is safe, he who throws the weapon is safe. The chiefs of the Quraish intended (to have a resort in the Ka’bah), they entered the Ka’bah and it was full of them. The Prophet (saws) took rounds of Ka’bah and prayed behind the station. He then held the sides of the gate (of the Ka’bah). They (the people) came out and took the oath of allegiance (at the hands) of the Prophet (saws) on Islam.

Abu Dawud said “I heard Ahmad bin Hanbal (say) when he was asked by a man “Was Makkah captured by force?” He said “What harms you whatever it was? He said “Then by peace?” He said, No.

A similar report (as above) was narrated from Ibn Abu Kabshah, from his father, from the Prophet (saw).

[Abu Dawud]

It was related by at-Tirmidhi, who said that it was a good and sound hadeeth.

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

There gathered near the House (i.e. the Ka`ba) two Quraishi persons and a person from Thaqif (or two persons from Thaqif and one from Quraish), and all of them with very fat bellies but very little intelligence. One of them said, "Do you think that Allah hears what we say?" Another said, "He hears us when we talk in a loud voice, but He doesn't hear us when we talk in a low tone." The third said, "If He can hear when we talk in a loud tone, then He can also hear when we speak in a low tone." Then Allah, the Honorable, the Majestic revealed: 'And you have not been screening against yourself lest your ears, and eyes and your skins should testify against you....' (41.22-23)

This hadith has been narrated through another chain as well.

The Prophet looked at a man fighting against the pagans and he was one of the most competent persons fighting on behalf of the Muslims. The Prophet said, "Let him who wants to look at a man from the dwellers of the (Hell) Fire, look at this (man)." Another man followed him and kept on following him till he (the fighter) was injured and, seeking to die quickly, he placed the blade tip of his sword between his breasts and leaned over it till it passed through his shoulders (i.e., committed suicide)." The Prophet added, "A person may do deeds that seem to the people as the deeds of the people of Paradise while in fact, he is from the dwellers of the (Hell) Fire: and similarly a person may do deeds that seem to the people as the deeds of the people of the (Hell) Fire while in fact, he is from the dwellers of Paradise. Verily, the (results of) deeds done, depend upon the last actions."

When the Prophet got the news of the death of Ibn Haritha, Ja`far and Ibn Rawaha he sat down and looked sad and I was looking at him through the chink of the door. A man came and told him about the crying of the women of Ja`far. The Prophet ordered him to forbid them. The man went and came back saying that he had told them but they did not listen to him. The Prophet (p.b.u.h) said, "Forbid them." So again he went and came back for the third time and said, "O Allah's Apostle! By Allah, they did not listen to us at all." (`Aisha added): Allah's Apostle ordered him to go and put dust in their mouths. I said, (to that man) "May Allah stick your nose in the dust (i.e. humiliate you)! You could neither (persuade the women to) fulfill the order of Allah's Apostle nor did you relieve Allah's Apostle from fatigue. "

Allah's Apostle told us a long narrative about Ad-Dajjal, and among the many things he mentioned, was his saying, "Ad-Dajjal will come and it will be forbidden for him to pass through the entrances of Medina. He will land in some of the salty barren areas (outside) Medina; on that day the best man or one of the best men will come up to him and say, 'I testify that you are the same Dajjal whose description was given to us by Allah's Apostle .' Ad-Dajjal will say to the people, 'If I kill this man and bring him back to life again, will you doubt my claim?' They will say, 'No.' Then Ad-Dajjal will kill that man and bring him back to life. That man will say, 'Now I know your reality better than before.' Ad-Dajjal will say, 'I want to kill him but I cannot.' "

Allah's Apostle came to Mecca through its higher region on the day of the Conquest (of Mecca) riding his she-camel on which Usama was riding behind him. Bilal and `Uthman bin Talha, one of the servants of the Ka`ba, were also accompanying him till he made his camel kneel in the mosque and ordered the latter to bring the key of the Ka`ba. He opened the door of the Ka`ba and Allah's Apostle entered in the company of Usama, Bilal and `Uthman, and stayed in it for a long period. When he came out, the people rushed to it, and `Abdullah bin `Umar was the first to enter it and found Bilal standing behind the door. He asked Bilal, "Where did the Prophet offer his prayer?" He pointed to the place where he had offered his prayer. `Abdullah said, "I forgot to ask him how many rak`at he had performed."

"The Messenger of Allah (saws) entered upon me and said: 'Do you have anything?' I said: 'No, except a piece of hard bread and vinegar.' so he said: 'Bring it, for a house that has vinegar is not impoverished of condiments."

[Abu 'Eisa said:] This Hadith is Hasan Gharib from this route. We do not know of it as a Hadith of Umm Hani' except through this route. Abu Hamzah Ath-Thumali's (a narrator in the chain) name is Thabit bin Abi Safiyyah. And Umm Hani' died some time after 'Ali bin Abi Talib. I asked Muhammad about this Hadith. He said: "I do not know Ash-Sha'bi hearing from Umm Hani'." So I said: "How is Abu Hamzah according to you?" He said: "Ahmad bin Hanbal criticized him, but he is Muqarib (average) in Hadith to me."

"A man among the Ansar decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet (saws) sold him and Nu'aim [bin 'Abdullah] bin An-Nah-ham bought him." Jabir said: "He was Coptic slave who died during the first year of the leadership of Ibn Az-Zubair."

[Abu 'Eisa said:] This Hadith is Hasan Sahih and it has been reported through more than one route from Jabir bin 'Abdullah.

This Hadith is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They did not see any harm in the sale of Mudabbar. This is the view of Ash-Shafi'i, Ahmad and Ishaq. There are those among people of knowledge, among the Companions of the Prophet (saws) and others, who disliked selling the Mudabbar. This is the view of Sufyan Ath-Thawri, Malik and Al-Awza'i.

Abu Dawud said: I read in a document possessed by Abdullah ibn Salim at Hims: Abdullah ibn Mu'awiyah al-Ghadiri reported the Prophet (saws) as saying: He who performs three things will have the taste of the faith. (They are:) One who worships Allah alone and one believes that there is no god but Allah; and one who pays the zakat on his property agreeably every year. One should not give an aged animal, nor one suffering from itch or ailing, and one most condemned, but one should give animals of medium quality, for Allah did not demand from you the best of your animals, nor did He command you to give the animals of worst quality.

The Prophet said, "While three men were walking, It started raining and they took shelter (refuge) in a cave in a mountain. A big rock rolled down from the mountain and closed the mouth of the cave. They said to each other, "Think of good deeds which you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that He may remove this rock from you." One of them said, 'O Allah! I had old parents and small children and I used to graze the sheep for them. On my return to them in the evening, I used to milk (the sheep) and start providing my parents first of all before my children. One day I was delayed and came late at night and found my parents sleeping. I milked (the sheep) as usual and stood by their heads. I hated to wake them up and disliked to give milk to my children before them, although my children were weeping (because of hunger) at my feet till the day dawned. O Allah! If I did this for Your sake only, kindly remove the rock so that we could see the sky through it.' So, Allah removed the rock a little and they saw the sky. The second man said, 'O Allah! I was in love with a cousin of mine like the deepest love a man may have for a woman. I wanted to outrage her chastity but she refused unless I gave her one hundred Dinars. So, I struggled to collect that amount. And when I sat between her legs, she said, 'O Allah's slave! Be afraid of Allah and do not deflower me except rightfully (by marriage).' So, I got up. O Allah! If I did it for Your sake only, please remove the rock.' The rock shifted a little more. Then the third man said, 'O Allah! I employed a laborer for a Faraq of rice and when he finished his job and demanded his right, I presented it to him, but he refused to take it. So, I sowed the rice many time till I gathered cows and their shepherd (from the yield). (Then after some time) He came and said to me, 'Fear Allah (and give me my right)." I said, 'Go and take those cows and the shepherd.' He said, 'Be afraid of Allah! Don't mock at me.' I said, 'I am not mocking at you. Take (all that).' So, he took all that. O Allah! If I did that for Your sake only, please remove the rest of the rock.' So, Allah removed the rock."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

Allah's Apostle (and his army) encountered the pagans and the two armies.,, fought and then Allah's Apostle returned to his army camps and the others (i.e. the enemy) returned to their army camps. Amongst the companions of the Prophet there was a man who could not help pursuing any single isolated pagan to strike him with his sword. Somebody said, "None has benefited the Muslims today more than so-and-so." On that Allah's Apostle said, "He is from the people of the Hell-Fire certainly." A man amongst the people (i.e. Muslims) said, "I will accompany him (to know the fact)." So he went along with him, and whenever he stopped he stopped with him, and whenever he hastened, he hastened with him. The (brave) man then got wounded severely, and seeking to die at once, he planted his sword into the ground and put its point against his chest in between his breasts, and then threw himself on it and committed suicide. On that the person (who was accompanying the deceased all the time) came to Allah's Apostle and said, "I testify that you are the Apostle of Allah." The Prophet said, "Why is that (what makes you say so)?" He said "It is concerning the man whom you have already mentioned as one of the dwellers of the Hell-Fire. The people were surprised by your statement, and I said to them, "I will try to find out the truth about him for you." So I went out after him and he was then inflicted with a severe wound and because of that, he hurried to bring death upon himself by planting the handle of his sword into the ground and directing its tip towards his chest between his breasts, and then he threw himself over it and committed suicide." Allah's Apostle then said, "A man may do what seem to the people as the deeds of the dwellers of Paradise but he is from the dwellers of the Hell-Fire and another may do what seem to the people as the deeds of the dwellers of the Hell- Fire, but he is from the dwellers of Paradise."

My Companions sent me to Allah's Apostle to ask him for some animals to ride on as they were accompanying him in the army of Al-Usra, and that was the Ghazwa (Battle) of Tabuk, I said, "O Allah's Prophet! My companions have sent me to you to provide them with means of transportation." He said, "By Allah! I will not make you ride anything." It happened that when I reached him, he was in an angry mood, and I didn't notice it. So I returned in a sad mood because of the refusal the Prophet and for the fear that the Prophet might have become 'angry with me. So I returned to my companions and informed them of what the Prophet had said. Only a short while had passed when I heard Bilal calling, "O `Abdullah bin Qais!" I replied to his call. Bilal said, "Respond to Allah's Apostle who is calling you." When I went to him (i.e. the Prophet), he said, "Take these two camels tied together and also these two camels tied together,"' referring to six camels he had brought them from Sa`d at that time. The Prophet added, "Take them to your companions and say, 'Allah (or Allah's Apostle ) allows you to ride on these,' so ride on them." So I took those camels to them and said, "The Prophet allows you to ride on these (camels) but by Allah, I will not leave you till some of you proceed with me to somebody who heard the statement of Allah's Apostle. Do not think that I narrate to you a thing which Allah's Apostle has not said." They said to me, "We consider you truthful, and we will do what you like." The sub-narrator added: So Abu Musa proceeded along with some of them till they came to those who have heard the statement of Allah's Apostle wherein he denied them (some animals to ride on) and (his statement) whereby he gave them the same. So these people told them the same information as Abu Musa had told them.

Allah's Apostle and the pagans faced each other and started fighting. When Allah's Apostle returned to his camp and when the pagans returned to their camp, somebody talked about a man amongst the companions of Allah's Apostle who would follow and kill with his sword any pagan going alone. He said, "Nobody did his job (i.e. fighting) so properly today as that man." Allah's Apostle said, "Indeed, he is amongst the people of the (Hell) Fire." A man amongst the people said, "I shall accompany him (to watch what he does)" Thus he accompanied him, and wherever he stood, he would stand with him, and wherever he ran, he would run with him. Then the (brave) man got wounded seriously and he decided to bring about his death quickly. He planted the blade of the sword in the ground directing its sharp end towards his chest between his two breasts. Then he leaned on the sword and killed himself. The other man came to Allah's Apostle and said, "I testify that you are Allah's Apostle." The Prophet asked, "What has happened?" He replied, "(It is about) the man whom you had described as one of the people of the (Hell) Fire. The people were greatly surprised at what you said, and I said, 'I will find out his reality for you.' So, I came out seeking him. He got severely wounded, and hastened to die by slanting the blade of his sword in the ground directing its sharp end towards his chest between his two breasts. Then he eased on his sword and killed himself." when Allah's Apostle said, "A man may seem to the people as if he were practising the deeds of the people of Paradise while in fact he is from the people of the Hell) Fire, another may seem to the people as if he were practicing the deeds of the people of Hell (Fire), while in fact he is from the people of Paradise."

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."