When Allah's Apostle arrived at Medina, he alighted at the upper part of Medina among the people called Bani `Amr bin `Auf and he stayed with them for fourteen nights. Then he sent for the chiefs of Bani An-Najjar, and they came, carrying their swords. As if I am just now looking at Allah's Apostle on his she-camel with Abu Bakr riding behind him (on the same camel) and the chiefs of Bani An- Najjar around him till he dismounted in the courtyard of Abu Aiyub's home. The Prophet used to offer the prayer wherever the prayer was due, and he would pray even in sheepfolds. Then he ordered that the mosque be built. He sent for the chiefs of Banu An-Najjar, and when they came, he said, "O Banu An-Najjar! Suggest to me the price of this garden of yours." They replied "No! By Allah, we do not demand its price except from Allah." In that garden there were the (following) things that I will tell you: Graves of pagans, unleveled land with holes and pits etc., and date-palm trees. Allah's Apostle ordered that the graves of the pagans be dug up and, the unleveled land be leveled and the date-palm trees be cut down. The trunks of the trees were arranged so as to form the wall facing the Qibla. The Stone pillars were built at the sides of its gate. The companions of the Prophet were carrying the stones and reciting some lyrics, and Allah's Apostle . . was with them and they were saying, "O Allah! There is no good Excel the good of the Hereafter, so bestow victory on the Ansar and the Emigrants. "

The Messenger of Allah (saws) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (saws). He found the Prophet of Allah (saws) had returned and he did not conquer (Ta'if).

On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Messenger of Allah (saws). He did not leave them until they had surrendered to the command of the Messenger of Allah (saws).

Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Messenger of Allah, and I am on my way to them. They have horses with them.

The Messenger of Allah (saws) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas.

The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims.

He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt.

So he returned his aunt to him and asked the Prophet of Allah (saws): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there.

He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused.

So they came to the Prophet (saws) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused.

He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water.

He said: Yes, Prophet of Allah. I saw that the face of the Messenger of Allah (saws) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.

Yahya said that he heard Malik say, "The way of doing things generally agreed upon in our community in the case of a man who dies and has sons and one of them claims, 'My father confirmed that so-and- so was his son,' is that the relationship is not established by the testimony of one man, and the confirmation of the one who confirmed it is only permitted as regards his own share in the division of his father's property. The one testified for is only given his due from the share of the testifier."

Malik said, "An example of this is that a man dies leaving two sons, and 600 dinars. Each of them takes 300 dinars. Then one of them testifies that his deceased father confirmed that so-and-so was his son. The one who testifies is obliged to give 100 dinars to the one thus connected. This is half of the inheritance of the one thought to be related, had he been related. If the other confirms him, he takes the other 100 and so he completes his right and his relationship is established. His position is similar to that of a woman who confirms a debt against her father or her husband and the other heirs deny it. She must pay to the person whose debt she confirms, the amount according to her share of the full debt, had it been confirmed against all the heirs. If the woman inherits an eighth, she pays the creditor an eighth of his debt. If a daughter inherits a half, she pays the creditor half of his debt. Whichever women confirm him, pay him according to this.

Malik said, "If a man's testimony is in agreement with what the woman testified to, that so- and-so had a debt against his father, the creditor is made to take an oath with one witness and he is given all his due. This is not the position with women because a man's testimony is allowed and the creditor must take an oath with the testimony of his witness, and take all his due. If he does not take an oath, he only takes from the inheritance of the one who confirmed him according to his share of the debt, because he confirmed his right and the other heirs denied it. It is permitted for him to confirm it."

Anas said, 'When Allah's Apostle invaded Khaibar, we offered the Fajr prayer there (early in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, 'Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.' He repeated this thrice. The people came out for their jobs and some of them said, 'Muhammad (has come).' (Some of our companions added, "With his army.") We conquered Khaibar, took the captives, and the booty was collected. Dihya came and said, 'O Allah's Prophet! Give me a slave girl from the captives.' The Prophet said, 'Go and take any slave girl.' He took Safiya bint Huyai. A man came to the Prophet and said, 'O Allah's Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraidha and An-Nadir and she befits none but you.' So the Prophet said, 'Bring him along with her.' So Dihya came with her and when the Prophet saw her, he said to Dihya, 'Take any slave girl other than her from the captives.' Anas added: The Prophet then manumitted her and married her." Thabit asked Anas, "O Abu Hamza! What did the Prophet pay her (as Mahr)?" He said, "Her self was her Mahr for he manumitted her and then married her." Anas added, "While on the way, Um Sulaim dressed her for marriage (ceremony) and at night she sent her as a bride to the Prophet . So the Prophet was a bridegroom and he said, 'Whoever has anything (food) should bring it.' He spread out a leather sheet (for the food) and some brought dates and others cooking butter. (I think he (Anas) mentioned As-Sawaq). So they prepared a dish of Hais (a kind of meal). And that was Walima (the marriage banquet) of Allah's Apostle ."

I said to Ibn `Abbas, "Nauf-al-Bakali " claims that Moses of Bani Israel was not Moses, the companion of Al-Khadir." Ibn `Abbas said, "Allah's enemy tells a lie! Ubai bin Ka`b narrated to us that Allah's Apostle said, 'Moses got up to deliver a sermon before Bani Israel and he was asked, 'Who is the most learned person among the people?' Moses replied, 'I (am the most learned).' Allah then admonished Moses for he did not ascribe all knowledge to Allah only (Then) came the Divine Inspiration:-- 'Yes, one of Our slaves at the junction of the two seas is more learned than you.' Moses said, 'O my Lord ! How can meet him?' Allah said, 'Take a fish in a basket and wherever the fish is lost, follow it (you will find him at that place). So Moses set out along with his attendant Yusha` bin Noon, and they carried with them a fish till they reached a rock and rested there. Moses put his head down and slept. (Sufyan, a sub-narrator said that somebody other than `Amr said) 'At the rock there was a water spring called 'Al-Hayat' and none came in touch with its water but became alive. So some of the water of that spring fell over that fish, so it moved and slipped out of the basket and entered the sea. When Moses woke up, he asked his attendant, 'Bring our early meal' (18.62). The narrator added: Moses did not suffer from fatigue except after he had passed the place he had been ordered to observe. His attendant Yusha` bin Noon said to him, 'Do you remember (what happened) when we betook ourselves to the rock? I did indeed forget (about) the fish ...' (18.63) The narrator added: So they came back, retracing their steps and then they found in the sea, the way of the fish looking like a tunnel. So there was an astonishing event for his attendant, and there was tunnel for the fish. When they reached the rock, they found a man covered with a garment. Moses greeted him. The man said astonishingly, 'Is there any such greeting in your land?' Moses said, 'I am Moses.' The man said, 'Moses of Bani Israel?' Moses said, 'Yes,' and added, 'may I follow you so that you teach me something of the Knowledge which you have been taught?' (18.66). Al-Khadir said to him, 'O Moses! You have something of Allah's knowledge which Allah has taught you and which I do not know; and I have something of Allah's knowledge which Allah has taught me and which you do not know.' Moses said, 'But I will follow you.' Al-Khadir said, 'Then if you follow me, ask me no question about anything until I myself speak to you concerning it.' (18.70). After that both of them proceeded along the seashore. There passed by them a boat whose crew recognized Al-Khadir and received them on board free of charge. So they both got on board. A sparrow came and sat on the edge of the boat and dipped its beak unto the sea. Al-Khadir said to Moses. 'My knowledge and your knowledge and all the creation's knowledge compared to Allah's knowledge is not more than the water taken by this sparrow's beak.' Then Moses was startled by Al-Khadir's action of taking an adze and scuttling the boat with it. Moses said to him, 'These people gave us a free lift, but you intentionally scuttled their boat so as to drown them. Surely you have...' (18.71) Then they both proceeded and found a boy playing with other boys. Al-Khadir took hold of him by the head and cut it off. Moses said to him, 'Have you killed an innocent soul who has killed nobody? Surely you have done an illegal thing! ' (18.74) He said, "Didn't I tell you that you will not be able to have patient with me up to ..but they refused to entertain them as their guests. There they found a wall therein at the point of collapsing.' (18.75-77) Al-Khadir moved his hand thus and set it upright (repaired it). Moses said to him, 'When we entered this town, they neither gave us hospitality nor fed us; if you had wished, you could have taken wages for it,' Al- Khadir said, 'This is the parting between you and me I will tell you the interpretation of (those things) about which you were unable to hold patience.'...(18.78) Allah's Apostle said, 'We wished that Moses could have been more patient so that He (Allah) could have described to us more about their story.' Ibn `Abbas used to recite:-- 'And in front (ahead) of them there was a king who used to seize every (serviceable) boat by force. (18.79) ...and as for the boy he was a disbeliever. "

Allah's Apostle deputed me to keep Sadaqat (al-Fitr) of Ramadan. A comer came and started taking handfuls of the foodstuff (of the Sadaqa) (stealthily). I took hold of him and said, "By Allah, I will take you to Allah's Apostle ." He said, "I am needy and have many dependents, and I am in great need." I released him, and in the morning Allah's Apostle asked me, "What did your prisoner do yesterday?" I said, "O Allah's Apostle! The person complained of being needy and of having many dependents, so, I pitied him and let him go." Allah's Apostle said, "Indeed, he told you a lie and he will be coming again." I believed that he would show up again as Allah's Apostle had told me that he would return. So, I waited for him watchfully. When he (showed up and) started stealing handfuls of foodstuff, I caught hold of him again and said, "I will definitely take you to Allah's Apostle. He said, "Leave me, for I am very needy and have many dependents. I promise I will not come back again." I pitied him and let him go.

In the morning Allah's Apostle asked me, "What did your prisoner do." I replied, "O Allah's Apostle! He complained of his great need and of too many dependents, so I took pity on him and set him free." Allah's Apostle said, "Verily, he told you a lie and he will return." I waited for him attentively for the third time, and when he (came and) started stealing handfuls of the foodstuff, I caught hold of him and said, "I will surely take you to Allah's Apostle as it is the third time you promise not to return, yet you break your promise and come." He said, "(Forgive me and) I will teach you some words with which Allah will benefit you." I asked, "What are they?" He replied, "Whenever you go to bed, recite "Ayat-al-Kursi"-- 'Allahu la ilaha illa huwa-l-Haiy-ul Qaiyum' till you finish the whole verse. (If you do so), Allah will appoint a guard for you who will stay with you and no satan will come near you till morning. " So, I released him. In the morning, Allah's Apostle asked, "What did your prisoner do yesterday?" I replied, "He claimed that he would teach me some words by which Allah will benefit me, so I let him go." Allah's Apostle asked, "What are they?" I replied, "He said to me, 'Whenever you go to bed, recite Ayat-al-Kursi from the beginning to the end ---- Allahu la ilaha illa huwa-lHaiy-ul-Qaiyum----.' He further said to me, '(If you do so), Allah will appoint a guard for you who will stay with you, and no satan will come near you till morning.' (Abu Huraira or another sub-narrator) added that they (the companions) were very keen to do good deeds. The Prophet said, "He really spoke the truth, although he is an absolute liar. Do you know whom you were talking to, these three nights, O Abu Huraira?" Abu Huraira said, "No." He said, "It was Satan."

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

It was narrated that ‘Abul-`Ajfa` as-Sulami said: I heard ‘Umar say: Do not make women`s dowries expensive,... and he mentioned the same hadeeth.

Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

I participated in a Ghazwa along with Allah's Apostle The Prophet met me (on the way) while I was riding a camel of ours used for irrigation and it had got so tired that it could hardly walk. The Prophet asked me, "What is wrong with the camel?" I replied, "It has got tired." So. Allah's Apostle came from behind it and rebuked it and prayed for it so it started surpassing the other camels and going ahead of them. Then he asked me, "How do you find your camel (now)?" I replied, "I find it quite well, now as it has received your blessings." He said, "Will you sell it to me?" I felt shy (to refuse his offer) though it was the only camel for irrigation we had. So, I said, "Yes." He said, "Sell it to me then." I sold it to him on the condition that I should keep on riding it till I reached Medina. Then I said, "O Allah's Apostle! I am a bridegroom," and requested him to allow me to go home. He allowed me, and I set out for Medina before the people till I reached Medina, where I met my uncle, who asked me about the camel and I informed him all about it and he blamed me for that. When I took the permission of Allah's Apostle he asked me whether I had married a virgin or a matron and I replied that I had married a matron. He said, "Why hadn't you married a virgin who would have played with you, and you would have played with her?" I replied, "O Allah's Apostle! My father died (or was martyred) and I have some young sisters, so I felt it not proper that I should marry a young girl like them who would neither teach them manners nor serve them. So, I have married a matron so that she may serve them and teach them manners." When Allah's Apostle arrived in Medina, I took the camel to him the next morning and he gave me its price and gave me the camel itself as well.

Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (saws) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (saws) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (saws) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."

Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (saws) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (saws) made it a single divorce.

Yahya related to me from Malik from Makhrama ibn Sulayman from Kurayb, the mawla of Ibn Abbas, that Abdullah ibn Abbas told him that he had spent a night at the house of Maimuna, the wife of the Prophet, may Allah bless him and grant him peace, who was also Ibn Abbas' mother's sister. Ibn Abbas said, "I lay down with my head on the breadth of the cushion, and the Messenger of Allah, may Allah bless him and grant him peace, and his wife lay down with their heads on its length. The Messenger of Allah, may Allah bless him and grant him peace, slept, until, halfway through the night or a little before or after it, he awoke and sat up and wiped the sleep away from his face with his hand. Then he recited the last ten ayats of sura Ali Imran (Sura3). Then he got up and went over to a water-skin which was hanging up and did wudu from it, doing his wudu thoroughly, and then he stood in prayer."

Ibn Abbas continued, "I stood up and did the same and then went and stood by his side. The Messenger of Allah, may Allah bless him and grant him peace, put his right hand on my head and took my right ear and tweaked it. He prayed two rakas, then two rakas, then two rakas, then two rakas, then two rakas, then two rakas, and then prayed an odd raka. Then he lay down until the muadhdhin came to him, and then prayed two quick rakas, and went out and prayed subh ."

I asked `Abdullah bin `Umar, "O Abu `Abdur-Rahman! I saw you doing four things which I never saw being done by anyone of you companions?" `Abdullah bin `Umar said, "What are those, O Ibn Juraij?" I said, "I never saw you touching any corner of the Ka`ba except these (two) facing south (Yemen) and I saw you wearing shoes made of tanned leather and dyeing your hair with Hinna (a kind of red dye). I also noticed that whenever you were in Mecca, the people assume Ihram on seeing the new moon crescent (1st of Dhul-Hijja) while you did not assume the Ihlal (Ihram) -(Ihram is also called Ihlal which means 'Loud calling' because a Muhrim has to recite Talbiya aloud when assuming the state of Ihram) - till the 8th of Dhul-Hijja (Day of Tarwiya). `Abdullah replied, "Regarding the corners of Ka`ba, I never saw Allah's Apostle touching except those facing south (Yemen) and regarding the tanned leather shoes, no doubt I saw Allah's Apostle wearing non-hairy shoes and he used to perform ablution while wearing the shoes (i.e. wash his feet and then put on the shoes). So I love to wear similar shoes. And about the dyeing of hair with Hinna; no doubt I saw Allah's Apostle dyeing his hair with it and that is why I like to dye (my hair with it). Regarding Ihlal, I did not see Allah's Apostle assuming Ihlal till he set out for Hajj (on the 8th of Dhul-Hijja).

Malik said there was no harm if a man who sold some drapery and excluded some garments by their markings, stipulated that he chose the marked ones from that. If he did not stipulate that he would choose from them when he made the exclusion, I think that he is partner in the number of drapery goods which were purchased from him. That is because two garments can be alike in marking and be greatly different in price.

Malik said, "The way of doing things among us is that there is no harm in partnership, transferring responsibility to an agent, and revocation when dealing with food and other things, whether or not possession was taken, when the transaction is with cash, and there is no profit, loss, or deferment of price in it. If profit or loss or deferment of price from one of the two enters any of these transactions, it becomes sale which is made halal by what makes sale halal, and made haram by what makes sale haram, and it is not partnership, transferring responsibility to an agent, or revocation."

Malik spoke about some one who bought drapery goods or slaves, and the sale was concluded, then a man asked him to be his partner and he agreed and the new partner paid the whole price to the seller and then something happened to the goods which removed them from their possession. Malik said, "The new partner takes the price from the original partner and the original partner demands from the seller the whole price unless the original partner stipulated on the new partner during the sale and before the transaction with the seller was completed that the seller was responsible to him. If the transaction has ended and the seller has gone, the pre-condition of the original partner is void, and he has the responsibility."

Malik spoke about a man who asked another man to buy certain goods to share between them, and he wanted the other man to pay for him and he would sell the goods for the other man. Malik said, "That is not good. When he says, 'Pay for me and I will sell it for you,' it becomes a loan which he makes to him in order that he sell it for him and if those goods are destroyed, or pass, the man who paid the price will demand from his partner what he put in for him. This is part of the advance which brings in profit."

Malik said, "If a man buys goods, and they are settled for him, and then a man says to him, 'Share half of these goods with me, and I will sell them all for you,' that is halal, there is no harm in it. The explanation of that is that this is a new sale and he sells him half of the goods provided that he sells the whole lot."

`Umar bin Al-Khattab departed for Sham and when he reached Sargh, the commanders of the (Muslim) army, Abu 'Ubaida bin Al-Jarrah and his companions met him and told him that an epidemic had broken out in Sham. `Umar said, "Call for me the early emigrants." So `Umar called them, consulted them and informed them that an epidemic had broken out in Sham. Those people differed in their opinions. Some of them said, "We have come out for a purpose and we do not think that it is proper to give it up," while others said (to `Umar), "You have along with you. other people and the companions of Allah's Apostle so do not advise that we take them to this epidemic." `Umar said to them, "Leave me now." Then he said, "Call the Ansar for me." I called them and he consulted them and they followed the way of the emigrants and differed as they did. He then said to them, Leave me now," and added, "Call for me the old people of Quraish who emigrated in the year of the Conquest of Mecca." I called them and they gave a unanimous opinion saying, "We advise that you should return with the people and do not take them to that (place) of epidemic." So `Umar made an announcement, "I will ride back to Medina in the morning, so you should do the same." Abu 'Ubaida bin Al-Jarrah said (to `Umar), "Are you running away from what Allah had ordained?" `Umar said, "Would that someone else had said such a thing, O Abu 'Ubaida! Yes, we are running from what Allah had ordained to what Allah has ordained. Don't you agree that if you had camels that went down a valley having two places, one green and the other dry, you would graze them on the green one only if Allah had ordained that, and you would graze them on the dry one only if Allah had ordained that?" At that time `Abdur-Rahman bin `Auf, who had been absent because of some job, came and said, "I have some knowledge about this. I have heard Allah's Apostle saying, 'If you hear about it (an outbreak of plague) in a land, do not go to it; but if plague breaks out in a country where you are staying, do not run away from it.' " `Umar thanked Allah and returned to Medina.

Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sad as-Saidi said, "There are two times when the gates of heaven are opened, and few who make supplication have it returned to them unanswered. They are at the timeof the adhan, and in a rank of people fighting in the way of Allah."

Malik was asked whether the adhan on the day of jumua was called before the time had come for the prayer and he said, "It is not called until after the sun has passed the meridian."

Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, "I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. That is what the people of knowledge in our region continue to do. As for people standing up when the iqama for the prayer is called, I have not heard of any definite point at which it is begun, and I consider it rather to be according to people's (individual) capacity, for some people are heavy and some are light, and they are not able to be as one man ."

Malik was asked about a gathering of people who wished to do the prescribed prayer calling the iqama and not the adhan, and he said, "lt is enough for them. The adhan is only obligatory in mosques where the prayer is said in congregation."

Malik was asked about the muadhdhin saying "Peace be upon you" to the imam and calling him to the prayer, and he was asked who was the first person to whom such a greeting was made. He replied, "I have not heard that this greeting occurred in the first community."

Yahya said that Malik was asked whether a muadhdhin who called the people to prayer and then waited to see if anyone would come and no one did, so he said the iqama and did the prayer by himself and then people came after he had finished, should repeat the prayer with them. Malik said, "He does not repeat the prayer, and whoever comes after he has finished should do the prayer by himself."

Yahya said that Malik was asked about a muadhdhin who called the adhan for a group of people, did voluntary prayers, and then the group of people wanted to do the prayer with some one else saying the iqama. He said, "There is no harm in that. His iqama or somebody else's are the same."

Yahya said that Malik said, "The subh prayer is still called before dawn. As for the other prayers, we believe that they should only be called after the time has started."

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces of property in various places, or is a co-owner of various pieces of property in various places, none of which individually comes to a zakatable amount, but which, when added together, do come to a zakatable amount, then he adds them together and pays the zakat that is due on them ."

We accompanied the Messenger of Allah (saws) at Usfan, and Khalid ibn al-Walid was the chief of unbelievers. We offered the noon prayer.

Thereupon, the unbelievers said: We suffered from negligence; we became careless. We should have attacked them while they were praying. Thereupon the verse was revealed, relating to the shortening of the prayer (in time of danger) between the noon and afternoon (prayer).

When the time of the afternoon prayer came, the Messenger of Allah (saws) stood facing the qiblah, and the unbelievers were standing in front of him. The people stood in a row behind the Messenger of Allah (saws) and there was another row behind this row. The Messenger of Allah (saws) bowed and all of them bowed. He then prostrated and also the row near him prostrated. The other people in the second row remained standing and stood guard over them. When they performed two prostrations and stood up, those who were behind them prostrated. The people in the front row near him then stepped backward taking the place of the people in the second row and the second row took the place of the first row.

The Messenger of Allah (saws) then bowed and all of them bowed together. Then he and the row near him prostrated themselves. The other people in the second row remained standing and stood guard over them. When the Messenger of Allah (saws) and the row near him (i.e. the front row) were seated, the people in the second row behind them prostrated themselves. Then all of them were seated. (He (the Prophet) then uttered the salutation upon all of them. He prayed in his manner at Usfan as well as at the territory of Banu Sulaym.

Abu Dawud said: This tradition has been narrated by Ayyub and Hisham from Abu al-Zubair on the authority of Jabir to the same effect from the Prophet (saws). Similarly, this has been transmitted by Dawud b. Husain from 'Ikrimah, on the authority of Ibn 'Abbas. This has also been reported by 'Abd al-Malik, from 'Ata' from Jabir in like manner. This has also been narrated by Qatadah from al-Hasan from Hittan on the authority of Abu Musa in a similar way. Similarly, this has been reported by 'Ikrimah b. Khalid from Mujahid from the Prophet (saws). This has also been reported by Hisham b. 'Urwah from his father from the Prophet (saws). This is the opinion of al-Thawri.

That they were with the Prophet on a journey. They travelled the whole night, and when dawn approached, they took a rest and sleep overwhelmed them till the sun rose high in the sky. The first to get up was Abu Bakr. Allah's Apostles used not to be awakened from his sleep, but he would wake up by himself. `Umar woke up and then Abu Bakr sat by the side of the Prophet's head and started saying: Allahu-Akbar raising his voice till the Prophet woke up, (and after traveling for a while) he dismounted and led us in the morning prayer. A man amongst the people failed to join us in the prayer. When the Prophet had finished the prayer, he asked (the man), "O so-and-so! What prevented you from offering the prayer with us?" He replied, "I am Junub," Alllah's Apostle ordered him to perform Tayammam with clean earth. The man then offered the prayer. Allah's Apostle ordered me and a few others to go ahead of him. We had become very thirsty. While we were on our way (looking for water), we came across a lady (riding an animal), hanging her legs between two water-skins. We asked her, "Where can we get water?" She replied, "Oh ! There is no water." We asked, "how far is your house from the water?" She replied, "A distance of a day and a night travel." We said, "Come on to Allah's Apostle, "She asked, "What is Allah's Apostle ?" So we brought her to Allah's Apostle against her will, and she told him what she had told us before and added that she was the mother of orphans. So the Prophet ordered that her two water-skins be brought and he rubbed the mouths of the water-skins. As we were thirsty, we drank till we quenched our thirst and we were forty men. We also filled all our waterskins and other utensils with water, but we did not water the camels. The waterskin was so full that it was almost about to burst. The Prophet then said, "Bring what (foodstuff) you have." So some dates and pieces of bread were collected for the lady, and when she went to her people, she said, "I have met either the greatest magician or a prophet as the people claim." So Allah guided the people of that village through that lady. She embraced Islam and they all embraced Islam.

Sa`d bin Mu`adh came to Mecca with the intention of performing `Umra, and stayed at the house of Umaiya bin Khalaf Abi Safwan, for Umaiya himself used to stay at Sa`d's house when he passed by Medina on his way to Sham. Umaiya said to Sa`d, "Will you wait till midday when the people are (at their homes), then you may go and perform the Tawaf round the Ka`ba?" So, while Sa`d was going around the Ka`ba, Abu Jahl came and asked, "Who is that who is performing Tawaf?" Sa`d replied, "I am Sa`d." Abu Jahl said, "Are you circumambulating the Ka`ba safely although you have given refuge to Muhammad and his companions?" Sa`d said, "Yes," and they started quarreling. Umaiya said to Sa`d, "Don't shout at Abi-l-Hakam (i.e. Abu Jahl), for he is chief of the valley (of Mecca)." Sa`d then said (to Abu Jahl). 'By Allah, if you prevent me from performing the Tawaf of the Ka`ba, I will spoil your trade with Sham." Umaiya kept on saying to Sa`d, "Don't raise your voice." and kept on taking hold of him. Sa`d became furious and said, (to Umaiya), "Be away from me, for I have heard Muhammad saying that he will kill you." Umaiiya said, "Will he kill me?" Sa`d said, "Yes,." Umaiya said, "By Allah! When Muhammad says a thing, he never tells a lie." Umaiya went to his wife and said to her, "Do you know what my brother from Yathrib (i.e. Medina) has said to me?" She said, "What has he said?" He said, "He claims that he has heard Muhammad claiming that he will kill me." She said, By Allah! Muhammad never tells a lie." So when the infidels started to proceed for Badr (Battle) and declared war (against the Muslims), his wife said to him, "Don't you remember what your brother from Yathrib told you?" Umaiya decided not to go but Abu Jahl said to him, "You are from the nobles of the valley (of Mecca), so you should accompany us for a day or two." He went with them and thus Allah got him killed.

A group of the companions of Allah's Apostle proceeded on a journey till they dismounted near one of the Arab tribes and requested them to entertain them as their guests, but they (the tribe people) refused to entertain them. Then the chief of that tribe was bitten by a snake (or stung by a scorpion) and he was given all sorts of treatment, but all in vain. Some of them said, "Will you go to the group (those travelers) who have dismounted near you and see if one of them has something useful?" They came to them and said, "O the group! Our leader has been bitten by a snake (or stung by a scorpion) and we have treated him with everything but nothing benefited him Has anyone of you anything useful?" One of them replied, "Yes, by Allah, I know how to treat with a Ruqya. But. by Allah, we wanted you to receive us as your guests but you refused. I will not treat your patient with a Ruqya till you fix for us something as wages." Consequently they agreed to give those travellers a flock of sheep. The man went with them (the people of the tribe) and started spitting (on the bite) and reciting Surat-al-Fatiha till the patient was healed and started walking as if he had not been sick. When the tribe people paid them their wages they had agreed upon, some of them (the Prophet's companions) said, "Distribute (the sheep)." But the one who treated with the Ruqya said, "Do not do that till we go to Allah's Apostle and mention to him what has happened, and see what he will order us." So they came to Allah's Apostle and mentioned the story to him and he said, "How do you know that Surat-al-Fatiha is a Ruqya? You have done the right thing. Divide (what you have got) and assign for me a share with you."

Hilal bin Umaiya accused his wife of committing illegal sexual intercourse with Sharik bin Sahma' and filed the case before the Prophet. The Prophet said (to Hilal), "Either you bring forth a proof (four witnesses) or you will receive the legal punishment (lashes) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw a man over his wife, would he go to seek after witnesses?" The Prophet kept on saying, "Either you bring forth the witnesses or you will receive the legal punishment (lashes) on your back." Hilal then said, "By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment." Then Gabriel came down and revealed to him:-- 'As for those who accuse their wives...' (24.6-9) The Prophet recited it till he reached: '... (her accuser) is telling the truth.' Then the Prophet left and sent for the woman, and Hilal went (and brought) her and then took the oaths (confirming the claim). The Prophet was saying, "Allah knows that one of you is a liar, so will any of you repent?" Then the woman got up and took the oaths and when she was going to take the fifth one, the people stopped her and said, "It (the fifth oath) will definitely bring Allah's curse on you (if you are guilty)." So she hesitated and recoiled (from taking the oath) so much that we thought that she would withdraw her denial. But then she said, "I will not dishonor my family all through these days," and carried on (the process of taking oaths). The Prophet then said, "Watch her; if she delivers a black-eyed child with big hips and fat shins then it is Sharik bin Sahma's child." Later she delivered a child of that description. So the Prophet said, "If the case was not settled by Allah's Law, I would punish her severely."

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

The people complained to the Messenger of Allah (saws) of the lack of rain, so he gave an order for a pulpit. It was then set up for him in the place of prayer. He fixed a day for the people on which they should come out.

Aisha said: The Messenger of Allah (saws), when the rim of the sun appeared, sat down on the pulpit, and having pronounced the greatness of Allah and expressed His praise, he said: You have complained of drought in your homes, and of the delay in receiving rain at the beginning of its season. Allah has ordered you to supplicate Him has and promised that He will answer your prayer.

Then he said: Praise be to Allah, the Lord of the Universe, the Compassionate, the Merciful, the Master of the Day of Judgment. There is no god but Allah Who does what He wishes. O Allah, Thou art Allah, there is no deity but Thou, the Rich, while we are the poor. Send down the rain upon us and make what Thou sendest down a strength and satisfaction for a time.

He then raised his hands, and kept raising them till the whiteness under his armpits was visible. He then turned his back to the people and inverted or turned round his cloak while keeping his hands aloft. He then faced the people, descended and prayed two rak'ahs.

Allah then produced a cloud, and the storm of thunder and lightning came on. Then the rain fell by Allah's permission, and before he reached his mosque streams were flowing. When he saw the speed with which the people were seeking shelter, he (saws) laughed till his back teeth were visible.

Then he said: I testify that Allah is Omnipotent and that I am Allah's servant and apostle.

Abu Dawud said: This is a ghraib (rate) tradition, but its chain is sound. The people of Medina recite "maliki" (instead of maaliki) yawm al-din" (the master of the Day of Judgement). But this tradition (in which the word maalik occurs) is an evidence for them.

When there was said about me what was said which I myself was unaware of, Allah's Apostle got up and addressed the people. He recited Tashah-hud, and after glorifying and praising Allah as He deserved, he said, "To proceed: O people Give me your opinion regarding those people who made a forged story against my wife. By Allah, I do not know anything bad about her. By Allah, they accused her of being with a man about whom I have never known anything bad, and he never entered my house unless I was present there, and whenever I went on a journey, he went with me." Sa`d bin Mu`adh got up and said, "O Allah's Apostle Allow me to chop their heads off". Then a man from the Al-Khazraj (Sa`d bin 'Ubada) to whom the mother of (the poet) Hassan bin Thabit was a relative, got up and said (to Sa`d bin Mu`adh), "You have told a lie! By Allah, if those persons were from the Aus Tribe, you would not like to chop their heads off." It was probable that some evil would take place between the Aus and the Khazraj in the mosque, and I was unaware of all that. In the evening of that day, I went out for some of my needs (i.e. to relieve myself), and Um Mistah was accompanying me. On our return, Um Mistah stumbled and said, "Let Mistah. be ruined" I said to her, "O mother Why do you abuse your Son" On that Um Mistah became silent for a while, and stumbling again, she said, "Let Mistah be ruined" I said to her, "Why do you abuse your son?" She stumbled for the third time and said, "Let Mistah be ruined" whereupon I rebuked her for that. She said, "By Allah, I do not abuse him except because of you." I asked her, "Concerning what of my affairs?" So she disclosed the whole story to me. I said, "Has this really happened?" She replied, "Yes, by Allah." I returned to my house, astonished (and distressed) that I did not know for what purpose I had gone out. Then I became sick (fever) and said to Allah's Apostle "Send me to my father's house." So he sent a slave with me, and when I entered the house, I found Um Rum-an (my mother) downstairs while (my father) Abu Bakr was reciting something upstairs. My mother asked, "What has brought you, O (my) daughter?" I informed her and mentioned to her the whole story, but she did not feel it as I did. She said, "O my daughter! Take it easy, for there is never a charming lady loved by her husband who has other wives but that they feel jealous of her and speak badly of her." But she did not feel the news as I did. I asked (her), "Does my father know about it?" She said, "yes" I asked, Does Allah's Apostle know about it too?" She said, "Yes, Allah's Apostle does too." So the tears filled my eyes and I wept. Abu Bakr, who was reading upstairs heard my voice and came down and asked my mother, "What is the matter with her? " She said, "She has heard what has been said about her (as regards the story of Al-lfk)." On that Abu- Bakr wept and said, "I beseech you by Allah, O my daughter, to go back to your home". I went back to my home and Allah's Apostle had come to my house and asked my maid-servant about me (my character). The maid-servant said, "By Allah, I do not know of any defect in her character except that she sleeps and let the sheep enter (her house) and eat her dough." On that, some of the Prophet's companions spoke harshly to her and said, "Tell the truth to Allah's Apostle." Finally they told her of the affair (of the slander). She said, "Subhan Allah! By Allah, I know nothing against her except what goldsmith knows about a piece of pure gold." Then this news reached the man who was accused, and he said, "Subhan Allah! By Allah, I have never uncovered the private parts of any woman." Later that man was martyred in Allah's Cause. Next morning my parents came to pay me a visit and they stayed with me till Allah's Apostle came to me after he had offered the `Asr prayer. He came to me while my parents were sitting around me on my right and my left. He praised and glorified Allah and said, "Now then O `Aisha! If you have committed a bad deed or you have wronged (yourself), then repent to Allah as Allah accepts the repentance from his slaves." An Al-Ansari woman had come and was sitting near the gate. I said (to the Prophet). "Isn't it improper that you speak in such a way in the presence of this lady? Allah's Apostle then gave a piece of advice and I turned to my father and requested him to answer him (on my behalf). My father said, "What should I say?" Then I turned to my mother and asked her to answer him. She said, "What should I say?" When my parents did not give a reply to the Prophet, I said, "I testify that none has the right to be worshipped except Allah, and that Muhammad is His Apostle!" And after praising and glorifying Allah as He deserves, I said, "Now then, by Allah, if I were to tell you that I have not done (this evil action) and Allah is a witness that I am telling the truth, that would not be of any use to me on your part because you (people) have spoken about it and your hearts have absorbed it; and if I were to tell you that I have done this sin and Allah knows that I have not done it, then you will say, 'She has confessed herself guilty." By Allah, 'I do not see a suitable example for me and you but the example of (I tried to remember Jacob's name but couldn't) Joseph's father when he said; So (for me) "Patience is most fitting against that which you assert. It is Allah (alone) whose help can be sought.' At that very hour the Divine Inspiration came to Allah's Apostle and we remained silent. Then the Inspiration was over and I noticed the signs of happiness on his face while he was removing (the sweat) from his forehead and saying, "Have the good tidings O ' "Aisha! Allah has revealed your innocence." At that time I was extremely angry. My parents said to me. "Get up and go to him." I said, "By Allah, I will not do it and will not thank him nor thank either of you, but I will thank Allah Who has revealed my innocence. You have heard this story but neither did not deny it nor change it (to defend me)," (Aisha used to say:) "But as regards Zainab bint Jahsh, (the Prophet's wife), Allah protected her because of her piety, so she did not say anything except good (about me), but her sister, Hamna, was ruined among those who were ruined. Those who used to speak evil about me were Mistah, Hassan bin Thabit, and the hypocrite, `Abdullah bin Ubai, who used to spread that news and tempt others to speak of it, and it was he and Hamna who had the greater share therein. Abu Bakr took an oath that he would never do any favor to Mistah at all. Then Allah revealed the Divine Verse: "Let not those among you who are good and wealthy (i.e. Abu Bakr) swear not to give (any sort of help) to their kinsmen, and those in need, (i.e. Mistah) ...Do you not love that Allah should forgive you? And Allah is Oft-Forgiving, Most Merciful." (24.22) On that, Abu Bakr said, "Yes, by Allah, O our Lord! We wish that You should forgive us." So Abu Bakr again started giving to Mistah the expenditure which he used to give him before.

Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."

He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "

Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."

Malik said, "His wala' belongs to his master who made him a mudabbar."

Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."

Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."

Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."

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

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, "The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you."

Malik said, "The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, 'If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.' (Sura 4 ayat 12) This heirless one does not have heirs among his mother's siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, 'They will ask you for a decision. Say, "Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything" ' " (Sura 4 ayat 176).

Malik said, "If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother's sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother."

That once `Umar bin Al-Khattab called him and while he was sitting with him, his gatekeeper, Yarfa came and said, "Will you admit `Uthman, `Abdur-Rahman bin `Auf, AzZubair and Sa`d (bin Abi Waqqas) who are waiting for your permission?" `Umar said, "Yes, let them come in." After a while, Yarfa- came again and said, "Will you admit `Ali and `Abbas who are asking your permission?" `Umar said, "Yes." So, when the two entered, `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali). "Both of them had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai (i.e. booty gained without fighting), `Ali and `Abbas started reproaching each other. The (present) people (i.e. `Uthman and his companions) said, "O chief of the believers! Give your verdict in their case and relieve each from) the other." `Umar said, "Wait I beseech you, by Allah, by Whose Permission both the heaven and the earth stand fast! Do you know that Allah's Apostle said, 'We (Prophets) our properties are not to be inherited, and whatever we leave, is to be spent in charity,' and he said it about himself?" They (i.e. `Uthman and his company) said, "He did say it. "`Umar then turned towards `Ali and `Abbas and said, "I beseech you both, by Allah! Do you know that Allah's Apostle said this?" They replied in the affirmative. He said, "Now I am talking to you about this matter. Allah the Glorified favored His Apostle with something of this Fai (i.e. booty won without fighting) which He did not give to anybody else. Allah said:-- "And what Allah gave to His Apostle ("Fai"" Booty) from them--For which you made no expedition With either Calvary or camelry. But Allah gives power to His Apostles Over whomsoever He will And Allah is able to do all things." (59.6) So this property was especially granted to Allah's Apostle . But by Allah, the Prophet neither took it all for himself only, nor deprived you of it, but he gave it to all of you and distributed it amongst you till only this remained out of it. And from this Allah's Apostle used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's Property is spent (i.e. in charity), Allah's Apostle kept on acting like that during all his life, Then he died, and Abu Bakr said, 'I am the successor of Allah's Apostle.' So he (i.e. Abu Bakr) took charge of this property and disposed of it in the same manner as Allah's Apostle used to do, and all of you (at that time) knew all about it." Then `Umar turned towards `Ali and `Abbas and said, "You both remember that Abu Bakr disposed of it in the way you have described and Allah knows that, in that matter, he was sincere, pious, rightly guided and the follower of the right. Then Allah caused Abu Bakr to die and I said, 'I am the successor of Allah's Apostle and Abu Bakr.' So I kept this property in my possession for the first two years of my rule (i.e. Caliphate and I used to dispose of it in the same wa as Allah's Apostle and Abu Bakr used to do; and Allah knows that I have been sincere, pious, rightly guided an the follower of the right (in this matte Later on both of you (i.e. `Ali and `Abbas) came to me, and the claim of you both was one and the same, O `Abbas! You also came to me. So I told you both that Allah's Apostle said, "Our property is not inherited, but whatever we leave is to be given in charity.' Then when I thought that I should better hand over this property to you both or the condition that you will promise and pledge before Allah that you will dispose it off in the same way as Allah's Apostle and Abu Bakr did and as I have done since the beginning of my caliphate or else you should not speak to me (about it).' So, both of you said to me, 'Hand it over to us on this condition.' And on this condition I handed it over to you. Do you want me now to give a decision other than that (decision)? By Allah, with Whose Permission both the sky and the earth stand fast, I will never give any decision other than that (decision) till the Last Hour is established. But if you are unable to manage it (i.e. that property), then return it to me, and I will manage on your behalf." The sub-narrator said, "I told `Urwa bin Az-Zubair of this Hadith and he said, 'Malik bin Aus has told the truth" I heard `Aisha, the wife of the Prophet saying, 'The wives of the Prophet sent `Uthman to Abu Bakr demanding from him their 1/8 of the Fai which Allah had granted to his Apostle. But I used to oppose them and say to them: Will you not fear Allah? Don't you know that the Prophet used to say: Our property is not inherited, but whatever we leave is to be given in charity? The Prophet mentioned that regarding himself. He added: 'The family of Muhammad can take their sustenance from this property. So the wives of the Prophet stopped demanding it when I told them of that.' So, this property (of Sadaqa) was in the hands of `Ali who withheld it from `Abbas and overpowered him. Then it came in the hands of Hasan bin `Ali, then in the hands of Husain bin `Ali, and then in the hands of `Ali bin Husain and Hasan bin Hasan, and each of the last two used to manage it in turn, then it came in the hands of Zaid bin Hasan, and it was truly the Sadaqa of Allah's Apostle ."

[Muslim].

Ibn ‘Umar said. `Umar (رضي الله عنه) told us: We were sitting with the Messenger of Allah (ﷺ) and he mentioned the same hadeeth, except that he said: No signs of travel were to be seen on him. And he- said: `Umar said: 1 waited for three (days), then the Messenger of Allah (ﷺ) said: “oʻUmar...”

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.

Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."

Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.

Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."

Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."

Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."

Yahya related to me from Malik from Abu Hazim ibn Dinar from Said ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale with uncertainty in it.

Malik said, "An example of one type of uncertain transaction and risk is that a man intends the price of a stray animal or escaped slave to be fifty dinars. A man says, 'I will take him from you for twenty dinars.' If the buyer finds him, thirty dinars goes from the seller, and if he does not find him, the seller takes twenty dinars from the buyer."

Malik said, "There is another fault in that. If that stray is found, it is not known whether it will have increased or decreased in value or what defects may have befallen it. This transaction is greatly uncertain and risky."

Malik said, "According to our way of doing things, one kind of uncertain transaction and risk is selling what is in the wombs of females - women and animals - because it is not known whether or not it will come out, and if it does come out, it is not known whether it will be beautiful or ugly, normal or disabled, male or female. All that is disparate. If it has that, its price is such-and-such, and if it has this, its price is such-and-such."

Malik said, "Females must not be sold with what is in their wombs excluded. That is that, for instance, a man says to another, 'The price of my sheep which has much milk is three dinars. She is yours for two dinars while I will have her future offspring.' This is disapproved because it is an uncertain transaction and a risk."

Malik said, "It is not halal to sell olives for olive oil or sesame for sesame oil, or butter for ghee because muzabana comes into that, because the person who buys the raw product for something specified which comes from it, does not know whether more or less will come out of that, so it is an uncertain transaction and a risk."

Malik said, "A similar case is the selling of ben-nuts for ben-nut oil. This is an uncertain transaction because what comes from the ben-nut is ben-oil. There is no harm in selling ben-nuts for perfumed ben because perfumed ben has been perfumed, mixed and changed from the state of raw ben-nut oil."

Malik, speaking about a man who sold goods to a man on the provision that there was to be no loss for the buyer, (i.e. if the buyer could not re-sell the goods they could go back to the seller), said, "This transaction is not permitted and it is part of risk. The explanation of why it is so, is that it is as if the seller hired the buyer for the profit if the goods make a profit. If he sells the stock at a loss, he has nothing, and his efforts are not compensated. This is not good. In such a transaction, the buyer should have a wage according to the work that he has contributed. Whatever there is of loss or profit in those goods is for and against the seller. This is only when the goods are gone and sold. If they do not go, the transaction between them is null and void."

Malik said, "As for a man who buys goods from a man and he concludes the sale and then the buyer regrets and asks to have the price reduced and the seller refuses and says, 'Sell it and I will compensate you for any loss.' There is no harm in this because there is no risk. It is something he proposes to him, and their transaction was not based on that. That is what is done among us."

When Allah's Apostle set out (towards Mecca) during the year of the Conquest (of Mecca) and this news reached (the infidels of Quraish), Abu Sufyan, Hakim bin Hizam and Budail bin Warqa came out to gather information about Allah's Apostle , They proceeded on their way till they reached a place called Marr-az-Zahran (which is near Mecca). Behold! There they saw many fires as if they were the fires of `Arafat. Abu Sufyan said, "What is this? It looked like the fires of `Arafat." Budail bin Warqa' said, "Banu `Amr are less in number than that." Some of the guards of Allah's Apostle saw them and took them over, caught them and brought them to Allah's Apostle. Abu Sufyan embraced Islam. When the Prophet proceeded, he said to Al-Abbas, "Keep Abu Sufyan standing at the top of the mountain so that he would look at the Muslims. So Al-`Abbas kept him standing (at that place) and the tribes with the Prophet started passing in front of Abu Sufyan in military batches. A batch passed and Abu Sufyan said, "O `Abbas Who are these?" `Abbas said, "They are (Banu) Ghifar." Abu Sufyan said, I have got nothing to do with Ghifar." Then (a batch of the tribe of) Juhaina passed by and he said similarly as above. Then (a batch of the tribe of) Sa`d bin Huzaim passed by and he said similarly as above. then (Banu) Sulaim passed by and he said similarly as above. Then came a batch, the like of which Abu Sufyan had not seen. He said, "Who are these?" `Abbas said, "They are the Ansar headed by Sa`d bin Ubada, the one holding the flag." Sa`d bin Ubada said, "O Abu Sufyan! Today is the day of a great battle and today (what is prohibited in) the Ka`ba will be permissible." Abu Sufyan said., "O `Abbas! How excellent the day of destruction is! "Then came another batch (of warriors) which was the smallest of all the batches, and in it there was Allah's Apostle and his companions and the flag of the Prophet was carried by Az-Zubair bin Al Awwam. When Allah's Apostle passed by Abu Sufyan, the latter said, (to the Prophet), "Do you know what Sa`d bin 'Ubada said?" The Prophet said, "What did he say?" Abu Sufyan said, "He said so-and-so." The Prophet said, "Sa`d told a lie, but today Allah will give superiority to the Ka`ba and today the Ka`ba will be covered with a (cloth) covering." Allah's Apostle ordered that his flag be fixed at Al-Hajun. Narrated `Urwa: Nafi` bin Jubair bin Mut`im said, "I heard Al-Abbas saying to Az-Zubair bin Al- `Awwam, 'O Abu `Abdullah ! Did Allah's Apostle order you to fix the flag here?' " Allah's Apostle ordered Khalid bin Al-Walid to enter Mecca from its upper part from Ka'da while the Prophet himself entered from Kuda. Two men from the cavalry of Khalid bin Al-Wahd named Hubaish bin Al-Ash'ar and Kurz bin Jabir Al-Fihri were martyred on that day.

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.' "

Malik related to me that he heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, made a settlement with her mukatab for an agreed amount of gold and silver.

Malik said, "The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners, is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them, and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not, and he took the agreed price, and then the mukatab died while he had property or was unable to pay, the one who settled would not have anything of the mukatab's property and he could not return that for which he made settlement so that his right to the slave's person would return to him. However, when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay, it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property, the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab's property. Then what remains of property of the mukatab is between the partner who broke with him and his partner, according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba, and the mukatab is unable to pay, it is said to the partner who settled with him, 'If you wish to give your partner half of what you took so the slave is divided between you, then do so. If you refuse, then all of the slave belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said, "The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that, and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them, he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property, and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them, he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took, or more, the inheritance is between them according to their shares in the slave because he is only taking his right."

Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner, and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said, "If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner, the slave is divided between them. If he refuses to return it, the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab."

Malik said, "The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue, so it is said to the one who settled with him, 'If you wish, return to your partner half of what you were awarded and the slave is divided equally between you.' If he refuses, the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave, so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled."

Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt, then the mukatab died and people had debts against him. He said, "His master does not share with the creditors because of what he is owed from the severance. The creditors begin first."

Malik said, "A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him."

Malik said, "According to the way things are done among us, there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance, testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave, 'Bring me such-and-such an amount of dinars and you are free', then reduces that for him, saying, 'If you bring me less than that, you are free.' That is not a fixed debt. Had it been a fixed debt, the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs."

I said to Ibn `Abbas, "Nauf Al-Bukah claims that Moses, the companion of Al-Khadir was not Moses (the prophet) of the children of Israel, but some other Moses." Ibn `Abbas said, "Allah's enemy (i.e. Nauf) has told a lie. Ubai bin Ka`b told us that the Prophet said, 'Once Moses stood up and addressed Bani Israel. He was asked who was the most learned man amongst the people. He said, 'I.' Allah admonished him as he did not attribute absolute knowledge to Him (Allah). So, Allah said to him, 'Yes, at the junction of the two seas there is a Slave of Mine who is more learned than you.' Moses said, 'O my Lord! How can I meet him?' Allah said, 'Take a fish and put it in a large basket and you will find him at the place where you will lose the fish.' Moses took a fish and put it in a basket and proceeded along with his (servant) boy, Yusha` bin Noon, till they reached the rock where they laid their heads (i.e. lay down). Moses slept, and the fish, moving out of the basket, fell into the sea. It took its way into the sea (straight) as in a tunnel. Allah stopped the flow of water over the fish and it became like an arch (the Prophet pointed out this arch with his hands). They travelled the rest of the night, and the next day Moses said to his boy (servant), 'Give us our food, for indeed, we have suffered much fatigue in this journey of ours.' Moses did not feel tired till he crossed that place which Allah had ordered him to seek after. His boy (servant) said to him, 'Do you know that when we were sitting near that rock, I forgot the fish, and none but Satan caused me to forget to tell (you) about it, and it took its course into the sea in an amazing way?.' So there was a path for the fish and that astonished them. Moses said, 'That was what we were seeking after.' So, both of them retraced their footsteps till they reached the rock. There they saw a man Lying covered with a garment. Moses greeted him and he replied saying, 'How do people greet each other in your land?' Moses said, 'I am Moses.' The man asked, 'Moses of Bani Israel?' Moses said, 'Yes, I have come to you so that you may teach me from those things which Allah has taught you.' He said, 'O Moses! I have some of the Knowledge of Allah which Allah has taught me, and which you do not know, while you have some of the Knowledge of Allah which Allah has taught you and which I do not know.' Moses asked, 'May I follow you?' He said, 'But you will not be able to remain patient with me for how can you be patient about things which you will not be able to understand?' (Moses said, 'You will find me, if Allah so will, truly patient, and I will not disobey you in aught.') So, both of them set out walking along the sea-shore, a boat passed by them and they asked the crew of the boat to take them on board. The crew recognized Al-Khadir and so they took them on board without fare. When they were on board the boat, a sparrow came and stood on the edge of the boat and dipped its beak once or twice into the sea. Al-Khadir said to Moses, 'O Moses! My knowledge and your knowledge have not decreased Allah's Knowledge except as much as this sparrow has decreased the water of the sea with its beak.' Then suddenly Al-Khadir took an adze and plucked a plank, and Moses did not notice it till he had plucked a plank with the adze. Moses said to him, 'What have you done? They took us on board charging us nothing; yet you I have intentionally made a hole in their boat so as to drown its passengers. Verily, you have done a dreadful thing.' Al-Khadir replied, 'Did I not tell you that you would not be able to remain patient with me?' Moses replied, 'Do not blame me for what I have forgotten, and do not be hard upon me for my fault.' So the first excuse of Moses was that he had forgotten. When they had left the sea, they passed by a boy playing with other boys. Al-Khadir took hold of the boys head and plucked it with his hand like this. (Sufyan, the sub narrator pointed with his fingertips as if he was plucking some fruit.) Moses said to him, "Have you killed an innocent person who has not killed any person? You have really done a horrible thing." Al-Khadir said, "Did I not tell you that you could not remain patient with me?' Moses said "If I ask you about anything after this, don't accompany me. You have received an excuse from me.' Then both of them went on till they came to some people of a village, and they asked its inhabitant for wood but they refused to entertain them as guests. Then they saw therein a wall which was just going to collapse (and Al Khadir repaired it just by touching it with his hands). (Sufyan, the sub-narrator, pointed with his hands, illustrating how Al-Khadir passed his hands over the wall upwards.) Moses said, "These are the people whom we have called on, but they neither gave us food, nor entertained us as guests, yet you have repaired their wall. If you had wished, you could have taken wages for it." Al-Khadir said, "This is the parting between you and me, and I shall tell you the explanation of those things on which you could not remain patient." The Prophet added, "We wished that Moses could have remained patient by virtue of which Allah might have told us more about their story. (Sufyan the sub-narrator said that the Prophet said, "May Allah bestow His Mercy on Moses! If he had remained patient, we would have been told further about their case.")

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Said ibn Huzaba al-Makhzumi was thrown off his mount while he was in ihram on the road to Makka. He asked after the person in charge of the relay station where he was injured and he found Abdullah ibn Umar, Abdullah ibn az-Zubayr and Marwan ibn al-Hakam there. He told them what had happened to him and all of them said that he should take whatever medicine he had to take and pay compensation for it. Then, when he got better again, he should do umra and come out of his ihram, after which he had to do hajj another year and to offer whatever sacrificial animal he was able to in the future.

Malik said, "This is what we do here (in Madina) if someone is detained by something other than an enemy. And when Abu Ayyub al- Ansari and Habbar ibn al-Aswad came to the day of the sacrifice and had missed the hajj, Umar ibn al-Khattab told them to come out of ihram by doing umra and then to go home free of ihram and do hajj some time in the future and to sacrifice an animal, or, if they could not find one, to fast three days during the hajj and seven days after they had returned to their families."

Malik said, "Anyone who is detained from doing hajj after he has gone into ihram, whether by illness or otherwise, or by an error in calculating the month or because the new moon is concealed from him is in the same position as some one who is hindered from doing the hajj and must do the same as he does."

Yahya said that Malik was asked about the situation of someone from Makka who went into ihram for hajj and then broke a bone or had severe stomach pain, or of a woman who was in labour, and he said, "Someone to whom this happens is in the same situation as one who is hindered from doing the hajj, and he must do the same as people from outlying regions do when they are hindered from doing the hajj."

Malik said, about someone who arrived in the months of the hajj with the intention of doing umra, and completed his umra and went into ihram in Makka to do hajj, and then broke a bone or something else happened to him which stopped him from being present at Arafa with everybody else, "I think that he should stay where he is until he is better and then go outside the area of the Haram, and then return to Makka and do tawaf of the House and say between Safa and Marwa, and then leave ihram. He must then do hajj again another year and offer a sacrificial animal ."

Malik said, about someone who left ihram in Makka, and then did tawaf of the House and say between Safa and Marwa, and then fell ill and was unable to be present with everybody at Arafa, "If the hajj passes someone by he should, if he can, go out of the area of the Haram and then come back in again to do umra and do tawaf of the House and say between Safa and Marwa, because he had not intended his initial tawaf to be for an umra, and so for this reason he does it again. He must do the next hajj and offer a sacrificial animal.

If he is not one of the people of Makka, and something happens to him which stops him from doing the hajj, but he does tawaf of the House and say between Safa and Marwa, he should come out of ihram by doing an umra and then do tawaf of the House a second time, and say between Safa and Marwa, because his initial tawaf and say were intended for the hajj. He must do the next hajj and offer a sacrificial animal."

AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (saws): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (saws) was at that time at Medina before the battle of Badr.

(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.

When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (saws).

When this news reached the Messenger of Allah (saws), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (saws), they scattered. This reached the infidels of the Quraysh.

The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (saws), they gathered Banu an-Nadir to violate the treaty.

They sent a message to the Prophet (saws): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.

When the next day came, the Messenger of Allah (saws) went out in the morning with an army, and surrounded them.

He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.

Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.

He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (saws). Allah bestowed them upon him and gave them him as a special portion.

He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (saws) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (saws) which is in the hands of the descendants of Fatimah (Allah be pleased with her).