Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form.' Then he is given his due immediately."

Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."

Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.

Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "

Allah's Apostle was informed that I have said: "By Allah, I will fast all the days and pray all the nights as long as I live." On that, Allah's Apostle asked me. "Are you the one who says: 'I will fast all the days and pray all the nights as long as I live?' " I said, "Yes, I have said it." He said, "You cannot do that. So fast (sometimes) and do not fast (sometimes). Pray and sleep. Fast for three days a month, for the reward of a good deed is multiplied by ten time, and so the fasting of three days a month equals the fasting of a year." I said, "O Allah's Apostle! I can do (fast) more than this." He said, "Fast on every third day. I said: I can do (fast) more than that, He said: "Fast on alternate days and this was the fasting of David which is the most moderate sort of fasting." I said, "O Allah's Apostle! I can do (fast) more than that." He said, "There is nothing better than that."

One of `Abdullah's sons said to `Abdullah (bin `Umar) "I wish you would stay this year (and not perform Hajj) as I am afraid that you will not be able to reach the Ka`ba." On that he (i.e. `Abdullah bin `Umar) said, "We went out with the Prophet (for `Umra), and when the Quraish infidel intervened between us and the Ka`ba, the Prophet slaughtered his Hadi and shaved (his head), and his companions cut short their hair." Then `Abdullah bin `Umar said, "I make you witness that I have intended to perform `Umra and if I am allowed to reach the Ka`ba, I will perform the Tawaf, and if something (i.e. obstacles) intervene between me and the Ka`ba, then I will do what Allah's Apostle did." Then after going for a while, he said, "I consider the ceremonies (of both `Umra and Hajj as one and the same, so I would like you to witness that I have intended to perform Hajj along with my `Umra." So he performed only one Tawaf and one Sai (between Safa and Marwa) and finished the Ihram of both Umra and Hajj).

The version of Musaddad has: "the goats (were collected) from the alms," and the tradition reported by 'Amr is complete.

My husband, Aws ibn as-Samit, pronounced the words: You are like my mother. So I came to the Messenger of Allah (saws), complaining to him about my husband.

The Messenger of Allah (saws) disputed with me and said: Remain dutiful to Allah; he is your cousin.

I continued (complaining) until the Qur'anic verse came down: "Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband..." [58:1] till the prescription of expiation.

He then said: He should set free a slave. She said: He cannot afford it. He said: He should fast for two consecutive months. She said: Messenger of Allah, he is an old man; he cannot keep fasts. He said: He should feed sixty poor people. She said: He has nothing which he may give in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was brought to him.

I said: I shall help him with another date-basked ('araq). He said: You have done well. Go and feed sixty poor people on his behalf, and return to your cousin. The narrator said: An araq holds sixty sa's of dates.

Abu Dawud said: She atoned on his behalf without seeking his permission.

Abu Dawud said: This man (Aws b. al-Samit) is the brother of 'Ubadah b. al-Samit.

`Umar used to admit me (into his house) along with the old men who had fought in the Badr battle. Some of them said (to `Umar), "Why do you allow this young man to enter with us, while we have sons of his own age? " `Umar said, "You know what person he is." One day `Umar called them and called me along with them, I had thought he called me on that day to show them something about me (i.e. my knowledge). `Umar asked them, "What do you say about (the Sura): "When comes the help of Allah and the Conquest (of Mecca) And you see mankind entering the Religion of Allah (i.e. Islam) in crowds. 'So celebrate the Praises Of your Lord and ask for His forgiveness, Truly, He is the One Who accepts repentance and forgives." (110.1-3) Some of them replied, "We are ordered to praise Allah and repent to Him if we are helped and granted victory." Some said, "We do not know." Others kept quiet. `Umar then said to me, "Do you say similarly?" I said, "No." `Umar said "What do you say then?" I said, "This Verse indicates the approaching of the death of Allah's Apostle of which Allah informed him. When comes the help of Allah and the Conquest, i.e. the Conquest of Mecca, that will be the sign of your Prophet's) approaching death, so testify the uniqueness of your Lord (i.e. Allah) and praise Him and repent to Him as He is ready to forgive." On that, `Umar said, "I do not know about it anything other than what you know."

It (i.e., the imagined smoke) was because, when the Quraish refused to obey the Prophet, he asked Allah to afflict them with years of famine similar to those of (Prophet) Joseph. So they were stricken with famine and fatigue, so much so that they ate even bones. A man would look towards the sky and imagine seeing something like smoke between him and the sky because of extreme fatigue. So Allah revealed:-- 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people; this is a painfull of torment.' (44.10-11) Then someone (Abu Sufyan) came to Allah's Apostle and said, "O Allah's Apostle! Invoke Allah to send rain for the tribes of Mudar for they are on the verge of destruction." On that the Prophet said (astonishingly) "Shall I invoke Allah) for the tribes of Mudar? Verily, you are a brave man!" But the Prophet prayed for rain and it rained for them. Then the Verse was revealed. 'But truly you will return (to disbelief).' (44.15) (When the famine was over and) they restored prosperity and welfare, they reverted to their ways (of heathenism) whereupon Allah revealed: 'On the Day when We shall seize you with a Mighty Grasp. We will indeed (then) exact retribution.' (44.16) The narrator said, "That was the day of the Battle of Badr."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, that Abu Murra, the mawla of Aqil ibn Abi Talib, told him that he had heard Umm Hani bint Abi Talib say, "I went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest and found him doing ghusl while his daughter Fatima, was screening him with a garment. I said to him, 'Peace be upon you' and he said, 'Who is that?' I replied, 'Umm Hani bint Abi Talib,' and he said, 'Welcome, Umm Hani!' When he had finished his ghusl, he stood and prayed eight rakas, covering himself with one garment, and then came away. I said, 'Messenger of Allah, the son of my mother, AIi, says that he is determined to kill so-and-so, son of Hubayra, a man I have placed under my protection.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'We give protection to whoever you have given protection to, Umm Hani.' "

Umm Hani related that this incident happened in the morning.

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

Yahya related to me from Malik that he had heard some of the people of knowledge say, "If someone goes into ihram to do umra and then wants to go into ihram to do hajj as well, he can do so, as long as he has not done tawaf of the House and s'ay between Safa and Marwa. This is what Abdullah ibn 'Umar did when he said, 'If I am blocked from the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace.' He then turned to his companions and said, 'It is the same either way. I call you to witness that I have decided in favour of hajj and umra together. ' "

Malik said, "The companions of the Messenger of Allah, may Allah bless him and grant him peace, went into ihram to do umra in the year of the farewell hajj, and the Messenger of Allah, may Allah bless him and grant him peace, said to them, 'Anyone that has a sacrificial animal with him should go into ihram to do hajj and umra together, and he should not come out of ihram until he has finished both.' "

One day I went to Ibn Mas`ud who said, "When Quraish delayed in embracing Islam, the Prophet I invoked Allah to curse them, so they were afflicted with a (famine) year because of which many of them died and they ate the carcasses and Abu Sufyan came to the Prophet and said, 'O Muhammad! You came to order people to keep good relation with kith and kin and your nation is being destroyed, so invoke Allah I ? So the Prophet I recited the Holy verses of Sirat-Ad-Dukhan: 'Then watch you For the day that The sky will Bring forth a kind Of smoke Plainly visible.' (44.10) When the famine was taken off, the people renegade once again as nonbelievers. The statement of Allah, (in Sura "Ad- Dukhan"-44) refers to that: 'On the day when We shall seize You with a mighty grasp.' (44.16) And that was what happened on the day of the battle of Badr." Asbath added on the authority of Mansur, "Allah's Apostle prayed for them and it rained heavily for seven days. So the people complained of the excessive rain. The Prophet said, 'O Allah! (Let it rain) around us and not on us.' So the clouds dispersed over his head and it rained over the surroundings."

Ibn `Umar intended to perform Hajj in the year when Al-Hajjaj attacked Ibn Az-Zubair. Somebody said to Ibn `Umar, "There is a danger of an impending war between them." Ibn `Umar said, "Verily, in Allah's Apostle you have a good example. (And if it happened as you say) then I would do the same as Allah's Apostle had done. I make you witness that I have decided to perform `Umra." Then he set out and when he reached Al-Baida', he said, "The ceremonies of both Hajj and `Umra are similar. I make you witness that I have made Hajj compulsory for me along with `Umra." He drove (to Mecca) a Hadi which he had bought from (a place called) Qudaid and did not do more than that. He did not slaughter the Hadi or finish his Ihram, or shave or cut short his hair till the day of slaughtering the sacrifices (10th Dhul-Hijja). Then he slaughtered his Hadi and shaved his head and considered the first Tawaf (of Safa and Marwa) as sufficient for Hajj and `Umra. Ibn `Umar said, "Allah's Apostle did the same."

I came to Abu Sa'id al-Khudri while he was giving his legal opinion to the people who bent down on him. So I waited to see hi when he was alone. When he became alone, I asked him about keeping fast while travelling. He said: we went out along with the Prophet (saws) in Ramadan in the year of conquest of Mecca. The Messenger of Allah (saws) fasted and we fasted until he reached a certain stage. He said: You have come near your enemy; the breaking of fast will bring you more strength. Then morning came when some of us fasted and other broke their fast. He (Abu Sa'id al-Khudri) said: We then proceeded and alighted at a stage. He said: You are going to attack your enemy tomorrow morning ; breaking the fast will bring you more strength ; so break your fast (i.e. do not keep fast). This resolution (of breaking the fast) took place (due to the announcement) from the Messenger of Allah (saws).

Abu Sa'id said: Then I found myself keeping fast along with the Prophet (saws) before and after that.

I was sitting in the company of the poor members of the emigrants. Some of them were sitting together because of lack of clothing while a reader was reciting to us. All of a sudden the Messenger of Allah (saws) came along and stood beside us. When the Messenger of Allah (saws) stood, the reader stopped and greeted him.

He asked: What were you doing? We said: Messenger of Allah! We had a reader who was reciting to us and we were listening to the Book of Allah, the Exalted.

The Messenger of Allah (saws) then said: Praise be to Allah Who has put among my people those with whom I have been ordered to stay. The Messenger of Allah (saws) then sat among us so as to be like one of us, and when he had made a sign with his hand they sat in a circle with their faces turned towards him.

The narrator said: I think that the Messenger of Allah (saws) did not recognize any of them except me.

The Messenger of Allah (saws) then said: Rejoice, you group of poor emigrants, in the announcement that you will have perfect light on the Day of Resurrection. You will enter Paradise half a day before the rich, and that is five hundred years.

Yahya related to me from Malik from Yazid ibn Abdullah ibn al- Hadi from Muhammad ibn Ibrahim al-Harith at-Taymi from Abu Salama ibn Abd ar-Rahman that Abu Said al-Khudri said, "The Messenger of Allah, may Allah bless him and grant him peace, used to do itikaf in the middle ten days of Ramadan. One year he was doing itikaf and then, when it came to the night of the twenty-first, which was the night before the morning when he would normally have finished his itikaf, he said, 'Whoever has done i'tikaf with me should continue doing itikaf for the last ten days. I saw a certain night and then I was made to forget it. I saw myself prostrating the following morning in water and clay. Look for it in the last ten days, and look for it on the odd days.' "

Abu Said continued, "The sky poured with rain that night and the mosque had a roof (made of palm fronds) and the mosque was soaked. With my own eyes I saw the Messenger of Allah, may Allah bless him and grant him peace, leave with traces of water and clay on his forehead and nose, in the morning after the night of the twenty- first."

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

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

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

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

In the lifetime of Allah's Apostle (p.b.u.h) the people were afflicted with a (famine) year. While the Prophet was delivering the Khutba (sermon) on the pulpit on a Friday, a Bedouin stood up and said, "O Allah's Apostle! The livestock are dying and the families (offspring) are hungry: please pray to Allah to bless us with rain." Allah's Apostle raised both his hands towards the sky and at that time there was not a trace of cloud in they sky. Then the clouds started gathering like mountains. Before he got down from the pulpit I saw rainwater trickling down his beard. It rained that day, the next day, the third day, the fourth day and till the next Friday, when the same Bedouin or some other person stood up (during the Friday Khutba) and said, "O Allah's Apostle! The houses have collapsed and the livestock are drowned. Please invoke Allah for us." So Allah's Apostle raised both his hands and said, "O Allah! Around us and not on us." Whichever side the Prophet directed his hand, the clouds dispersed from there till a hole (in the clouds) was formed over Medina. The valley of Qanat remained flowing (with water) for one month and none, came from outside who didn't talk about the abundant rain.

Ibn `Umar intended to perform Hajj in the year of the Hajj of Al-Harawriya during the rule of Ibn Az- Zubair. Some people said to him, "It is very likely that there will be a fight among the people, and we are afraid that they might prevent you (from performing Hajj)." He replied, "Verily, in Allah's Apostle there is a good example for you (to follow). In this case I would do the same as he had done. I make you witness that I have intended to perform `Umra." When he reached Al-Baida', he said, "The conditions for both Hajj and `Umra are the same. I make you witness that I have intended to perform Hajj along with `Umra." After that he took a garlanded Hadi (to Mecca) which he bought (on the way). When he reached (Mecca), he performed Tawaf of the Ka`ba and of Safa (and Marwa) and did not do more than that. He did not make legal for himself the things which were illegal for a Muhrim till it was the Day of Nahr (sacrifice), when he had his head shaved and slaughtered (the sacrifice) and considered sufficient his first Tawaf (between Safa and Marwa), as a (Sa`i) for his Hajj and `Umra both. He then said, "The Prophet used to do like that."

The Messenger of Allah (saws) said: The best day on which the sun has risen is Friday; on it Adam was created, on it he was expelled (from Paradise), on it his contrition was accepted, on it he died, and on it the Last Hour will take place. On Friday every beast is on the lookout from dawn to sunrise in fear of the Last Hour, but not jinn and men, and it contains a time at which no Muslim prays and asks anything from Allah but He will give it to him. Ka'b said: That is one day every year. So I said: It is on every Friday. Ka'b read the Torah and said: The Messenger of Allah (saws) has spoken the truth. AbuHurayrah said: I met Abdullah ibn Salam and told him of my meeting with Ka'b. Abdullah ibn Salam said: I know what time it is. AbuHurayrah said: I asked him to tell me about it. Abdullah ibn Salam said: It is at the very end of Friday. I asked: How can it be when the Messenger of Allah (saws) has said: "No Muslim finds it while he is praying...." and this is the moment when no prayer is offered. Abdullah ibn Salam said: Has the Messenger of Allah (saws) not said: "If anyone is seated waiting for the prayer, he is engaged in the prayer until he observes it." I said: Yes, it is so.

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bam Laith in revenge for a killed person belonging to them in the Pre-lslamic Period of Ignorance. So Allah's Apostle got up saying, "Allah held back the (army having) elephants from Mecca, but He let His Apostle and the believers overpower the infidels (of Mecca). Beware! (Mecca is a sanctuary)! Verily! Fighting in Mecca was not permitted for anybody before me, nor will it be permitted for anybody after me; It was permitted for me only for a while (an hour or so) of that day. No doubt! It is at this moment a sanctuary; its thorny shrubs should not be uprooted; its trees should not be cut down; and its Luqata (fallen things) should not be picked up except by the one who would look for its owner. And if somebody is killed, his closest relative has the right to choose one of two things, i.e., either the Blood money or retaliation by having the killer killed." Then a man from Yemen, called Abu Shah, stood up and said, "Write that) for me, O Allah's Apostle!" Allah's Apostle said (to his companions), "Write that for Abu Shah." Then another man from Quraish got up, saying, "O Allah's Apostle! Except Al- Idhkhir (a special kind of grass) as we use it in our houses and for graves." Allah's Apostle said, "Except Al-idhkkir."

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

That Ubaidullah bin `Abdullah and Salim bin `Abdullah informed him that they told Ibn `Umar when Ibn Az-Zubair was attacked by the army, saying "There is no harm for you if you did not perform Hajj this year. We are afraid that you may be prevented from reaching the Ka`ba." Ibn `Umar said "We set out with Allah's Apostle and the non-believers of Quraish prevented us from reaching the Ka`ba, and so the Prophet slaughtered his Hadi and got his head shaved." Ibn `Umar added, "I make you witnesses that I have made `Umra obligatory for me. And, Allah willing, I will go and then if the way to Ka`ba is clear, I will perform the Tawaf, but if I am prevented from going to the Ka`ba then I will do the same as the Prophet did while I was in his company." Ibn `Umar then assumed Ihram for Umra from Dhul-Hulaifa and proceeded for a while and said, "The conditions of `Umra and Hajj are similar and I make you witnesses that I have made `Umra and Hajj obligatory for myself." So, he did not finish the Ihram till the day of Nahr (slaughtering) came, and he slaughtered his Hadi. He used to say, "I will not finish the Ihram till I perform the Tawaf, one Tawaf on the day of entering Mecca (i.e. of Safa and Marwa for both `Umra and Hajj).

(one of them said more than his friend): The Prophet set out in the company of more than onethousand of his companions in the year of Al-Hudaibiya, and when he reached Dhul-Hulaifa, he garlanded his Hadi (i.e. sacrificing animal), assumed the state of Ihram for `Umra from that place and sent a spy of his from Khuzi'a (tribe). The Prophet proceeded on till he reached (a village called) Ghadir-al-Ashtat. There his spy came and said, "The Quraish (infidels) have collected a great number of people against you, and they have collected against you the Ethiopians, and they will fight with you, and will stop you from entering the Ka`ba and prevent you." The Prophet said, "O people! Give me your opinion. Do you recommend that I should destroy the families and offspring of those who want to stop us from the Ka`ba? If they should come to us (for peace) then Allah will destroy a spy from the pagans, or otherwise we will leave them in a miserable state." On that Abu Bakr said, "O Allah Apostle! You have come with the intention of visiting this House (i.e. Ka`ba) and you do not want to kill or fight anybody. So proceed to it, and whoever should stop us from it, we will fight him." On that the Prophet said, "Proceed on, in the Name of Allah !"

The Prophet arrived (at Mecca) in the year of the Conquest (of Mecca) while Usama was riding behind him on (his she-camel)'. Al-Qaswa.' Bilal and `Uthman bin Talha were accompanying him. When he made his she-camel kneel down near the Ka`ba, he said to `Uthman, "Get us the key (of the Ka`ba). He brought the key to him and opened the gate (of the Ka`ba), for him. The Prophet, Usama, Bilal and `Uthman (bin Talha) entered the Ka`ba and then closed the gate behind them (from inside). The Prophet stayed there for a long period and then came out. The people rushed to get in, but I went in before them and found Bilal standing behind the gate, and I said to him, "Where did the Prophet pray?" He said, "He prayed between those two front pillars." The Ka`ba was built on six pillars, arranged in two rows, and he prayed between the two pillars of the front row leaving the gate of the Ka`ba at his back and facing (in prayer) the wall which faces one when one enters the Ka`ba. Between him and that wall (was the distance of about three cubits). But I forgot to ask Bilal about the number of rak`at the Prophet had prayed. There was a red piece of marble at the place where he (i.e. the Prophet) had offered the prayer.

Yahya related to me from Malik that Yazid ibn Abdullah ibn Qusayt saw Said ibn al-Musayyab sell gold counterpoising for gold. He poured his gold into one pan of the scales, and the man with whom he was counterpoising put his gold in the other pan of the scale and when the tongue of the scales was balanced, they took and gave.

Malik said, "According to the way things are done among us there is no harm in selling gold for gold, and silver for silver by counterpoising weight, even if 11 dinars are taken for 10 dinars hand to hand, when the weight of gold is equal, coin for coin, even if the number is different. Dirhams in such a situation are treated the same way as dinars."

Malik said, "If, when counterpoising gold for gold or silver for silver, there is a difference of weight, one party should not give the other the value of the difference in silver or something else. Such a transaction is ugly and a means to usury because if one of the parties were permitted to take the difference for a separate price, it could be as if he had bought it separately, so he would be permitted. Then it would be possible for him to ask for many times the value of the difference in order to permit the completion of the transaction between the two parties.

Malik said, "If he had really been sold the difference without anything else with it, he would not have taken it for a tenth of the price for which he took it in order to put a 'legal front' on the transaction. This leads to allowing what is forbidden . The matter is forbidden."

Malik said that it was not good when counterpoising to give good old gold coins and put along with them unminted gold in exchange for worn kufic gold, which was unpopular and to then treat the exchange as like for like.

Malik said, "The commentary on why that is disapproved is that the owner of the good gold uses the excellence of his old gold coins as an excuse to throw in the unminted gold with it. Had it not been for the superiority of his (good) gold over the gold of the other party, the other party would not have counterpoised the unminted gold for his kufic gold, and the deal would have been refused.

"It is like a man wanting to buy three sa of ajwa dried dates for two sa and a mudd of kabis dates, and on being told that it was not good, then offering two sa of kabis and a sa of poor dates desiring to make the sale possible. That is not good because the owner of the ajwa should not give him a sa of ajwa for a sa of poor dates. He would only give him that because of the excellence of kabis dates.

"Or it is like a man asking some one to sell him three sa of white wheat for two and a half sa of Syrian wheat, and being told that it was not good except like for like, and so offering two sa of wheat and one sa of barley intending to make the sale possible between them. That is not good because no one would have given a sa of barley for a sa of white wheat had that sa been by itself. It was only given because of the excellence of Syrian wheat over the white wheat. This is not good. It is the same as the case of the unminted gold."

Malik said, "Where gold, silver and food, things which should only be sold like for like, are concerned, something disliked and of poor quality should not be put with something good and desirable in order to make the sale possible and to make a bad situation halal. When something of desirable quality is put with something of poor quality and it is only included so that its excellence in quality is noticed, something is being sold which if it had been sold on its own, would not have been accepted and to which the buyer would not have paid any attention. It is only accepted by the buyer because of the superiority of what comes with it over his own goods. Transactions involving gold, silver, or food, must not have anything of this description enter into them. If the owner of the poor quality goods wants to sell them, he sells them on their own, and does not put anything with them. There is no harm if it is like that."

Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta- ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"

Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "

Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "

My father got me married to a lady of a noble family, and often used to ask my wife about me, and she used to reply, "What a wonderful man he is! He never comes to my bed, nor has he approached me since he married me." When this state continued for a long period, my father told the story to the Prophet who said to my father, "Let me meet him." Then I met him and he asked me, "How do you fast?" I replied, "I fast daily," He asked, "How long does it take you to finish the recitation of the whole Qur'an?" I replied, "I finish it every night." On that he said, "Fast for three days every month and recite the Qur'an (and finish it) in one month." I said, "But I have power to do more than that." He said, "Then fast for three days per week." I said, "i have the power to do more than that." He said, "Therefore, fast the most superior type of fasting, (that is, the fasting of (prophet) David who used to fast every alternate day; and finish the recitation of the whole Qur'an In seven days." I wish I had accepted the permission of Allah's Apostle as I have become a weak old man. It is said that `Abdullah used to recite one-seventh of the Qur'an during the day-time to some of his family members, for he used to check his memorization of what he would recite at night during the daytime so that it would be easier for him to read at night. And whenever he wanted to gain some strength, he used to give up fasting for some days and count those days to fast for a similar period, for he disliked to leave those things which he used to do during the lifetime of the Prophet.

A man came to perform the Hajj to (Allah's) House. Seeing some people sitting, he said, "Who are these sitting people?" Somebody said, "They are the people of Quraish." He said, "Who is the old man?" They said, "Ibn `Umar." He went to him and said, "I want to ask you about something; will you tell me about it? I ask you with the respect due to the sanctity of this (Sacred) House, do you know that `Uthman bin `Affan fled on the day of Uhud?" Ibn `Umar said, "Yes." He said, "Do you know that he (i.e. `Uthman) was absent from the Badr (battle) and did not join it?" Ibn `Umar said, "Yes." He said, "Do you know that he failed to be present at the Ridwan Pledge of allegiance (i.e. Pledge of allegiance at Hudaibiya) and did not witness it?" Ibn `Umar replied, "Yes," He then said, "Allahu- Akbar!" Ibn `Umar said, "Come along; I will inform you and explain to you what you have asked. As for the flight (of `Uthman) on the day of Uhud, I testify that Allah forgave him. As regards his absence from the Badr (battle), he was married to the daughter of Allah's Apostle and she was ill, so the Prophet said to him, 'You will have such reward as a man who has fought the Badr battle will get, and will also have the same share of the booty.' As for his absence from the Ridwan Pledge of allegiance if there had been anybody more respected by the Meccans than `Uthman bin `Affan, the Prophet would surely have sent that man instead of `Uthman. So the Prophet sent him (i.e. `Uthman to Mecca) and the Ridwan Pledge of allegiance took place after `Uthman had gone to Mecca. The Prophet raised his right hand saying. 'This is the hand of `Uthman,' and clapped it over his other hand and said, "This is for `Uthman.'" Ibn `Umar then said (to the man), "Go now, after taking this information."

Abu Hurayra continued, "Then I met Abdullah ibn Salam and I told him that I had sat with Kabal-Ahbar, and I mentioned what I had related to him about the day of jumua, and told him that Kab had said, 'That is one day in every year.' Abdullah ibn Salam said, 'Kab lied,' and I added, 'Kab then recited the Tawrah and said, "No, it is in every jumua.'' ' Abdullah ibn Salam said, 'Kab spoke the truth. 'Then Abdullah ibn Salam said, 'I know what time that is.' "

Abu Hurayra continued, "I said to him, 'Let me know it - don't keep it from me.' Abdullah ibn Salam said, 'It is the last period of time in the dayof jumua.' "

Abu Hurayra continued, "I said, 'How can it be the last period of time in the day of jumua, when the Messenger of Allah, may Allah bless him and grant him peace, said, "a muslim slave standing in prayer", and that is a time when there is no prayer?' Abdullah ibn Salam replied, 'Didn't the Messenger of Allah, may Allah bless him and grant him peace, say, "Whoever sits waiting for the prayer is in prayer until he prays?" "'

Abu Hurayra added, "I said, 'Of course.' He said, 'Then it is that.' "

While I was at home, the sun rose high and it got hot. Suddenly the messenger of `Umar bin Al- Khattab came to me and said, "The chief of the believers has sent for you." So, I went along with him till I entered the place where `Umar was sitting on a bedstead made of date-palm leaves and covered with no mattress, and he was leaning over a leather pillow. I greeted him and sat down. He said, "O Mali! Some persons of your people who have families came to me and I have ordered that a gift should be given to them, so take it and distribute it among them." I said, "O chief of the believers! I wish that you order someone else to do it." He said, "O man! Take it." While I was sitting there with him, his doorman Yarfa' came saying, "`Uthman, `Abdur-Rahman bin `Auf, Az-Zubair and Sa`d bin Abi Waqqas are asking your permission (to see you); may I admit them?" `Umar said, "Yes", So they were admitted and they came in, greeted him, and sat down. After a while Yarfa' came again and said, "May I admit `Ali and `Abbas?" `Umar said, "yes." So, they were admitted and they came in and greeted (him) and sat down. Then `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali)." They had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai. The group (i.e. `Uthman and his companions) said, "O chief of the believers! Judge between them and relieve both of them front each other." `Umar said, "Be patient! I beseech you by Allah by Whose Permission the Heaven and the Earth exist, do you know that Allah's Apostle said, 'Our (i.e. prophets') property will not be inherited, and whatever we leave, is Sadaqa (to be used for charity),' and Allah's Apostle meant himself (by saying "we'')?" The group said, "He said so." `Umar then turned to `Ali and `Abbas and said, "I beseech you by Allah, do you know that Allah's Apostle said so?" They replied, " He said so." `Umar then said, "So, I will talk to you about this matter. Allah bestowed on His Apostle with a special favor of something of this Fai (booty) which he gave to nobody else." `Umar then recited the Holy Verses: "What Allah bestowed as (Fai) Booty on his Apostle (Muhammad) from them --- for this you made no expedition with either cavalry or camelry: But Allah gives power to His Apostles over whomever He will 'And Allah is able to do all things." 9:6) `Umar added "So this property was especially given to Allah's Apostle, but, by Allah, neither did he take possession of it and leave your, nor did he favor himself with it to your exclusion, but he gave it to all of you and distributed it amongst you till this property remained out of it. Allah's Apostle used to spend the yearly expenses of his family out of this property and used to keep the rest of its revenue to be spent on Allah 's Cause. Allah 's Apostle kept on doing this during all his lifetime. I ask you by Allah do you know this?" They replies in the affirmative. `Umar then said to `Ali and `Abbas. "I ask you by Allah, do you know this?" `Umar added, "When Allah had taken His Prophet unto Him, 'Abu Bakr said, 'I am the successor of Allah's Apostle so, Abu Bakr took over that property and managed it in the same way as Allah's Apostle used to do, and Allah knows that he was true, pious and rightlyguided, and he was a follower of what was right. Then Allah took Abu Bakr unto Him and I became Abu Bakr's successor, and I kept that property in my possession for the first two years of my Caliphate, managing it in the same way as Allah's Apostle used to do and as Abu Bakr used to do, and Allah knows that I have been true, pious, rightly guided, and a follower of what is right. Now you both (i.e. 'Ah and `Abbas) came to talk to me, bearing the same claim and presenting the same case; you, `Abbas, came to me asking for your share from your nephew's property, and this man, i.e. `Ali, came to me asking for his wife's share from her father's property. I told you both that Allah's Apostle said, 'Our (prophets') properties are not to be inherited, but what we leave is Sadaqa (to be used for charity).' When I thought it right that I should hand over this property to you, I said to you, 'I am ready to hand over this property to you if you wish, on the condition that you would take Allah's Pledge and Convention that you would manage it in the same way as Allah's Apostle used to, and as Abu Bakr used to do, and as I have done since I was in charge of it.' So, both of you said (to me), 'Hand it over to us,' and on that condition I handed it over to you. So, I ask you by Allah, did I hand it over to them on this condition?" The group aid, "Yes." Then `Umar faced `Ali and `Abbas saying, "I ask you by Allah, did I hand it over to you on this condition?" They said, "Yes. " He said, " Do you want now to give a different decision? By Allah, by Whose Leave both the Heaven and the Earth exist, I will never give any decision other than that (I have already given). And if you are unable to manage it, then return it to me, and I will do the job on your behalf."

Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."

Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."

Malik added, "There is no harm, however, in someone buying a person expressly to set him free."

Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."

Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."

Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."

that he was a boy of ten at the time when the Prophet emigrated to Medina. He added: I served Allah's Apostle for ten years (the last part of his life time) and I know more than the people about the occasion whereupon the order of Al-Hijab was revealed (to the Prophet). Ubai b n Ka`b used to ask me about it. It was revealed (for the first time) during the marriage of Allah's Apostle with Zainab bint Jahsh. In the morning, the Prophet was a bride-groom of her and he Invited the people, who took their meals and went away, but a group of them remained with Allah's Apostle and they prolonged their stay. Allah's Apostle got up and went out, and I too, went out along with him till he came to the lintel of `Aisha's dwelling place. Allah's Apostle thought that those people had left by then, so he returned, and I too, returned with him till he entered upon Zainab and found that they were still sitting there and had not yet gone. The Prophet went out again, and so did I with him till he reached the lintel of `Aisha's dwelling place, and then he thought that those people must have left by then, so he returned, and so did I with him, and found those people had gone. At that time the Divine Verse of Al-Hijab was revealed, and the Prophet set a screen between me and him (his family).

that his father said, "In the year of Hajjatal-Wada`, the Prophet paid me a visit while I was suffering from an ailment that had brought me to the verge of death. I said, 'O Allah's Apostle! My sickness has reduced me to the (bad) state as you see, and I am a rich man, but have no heirs except one daughter. Shall I give 2/3 of my property in charity?' He said, 'No.' I said, 'Then 1/2 of it?' He said, 'Even 1/3 is too much, for, to leave your inheritors wealthy is better than to leave them in poverty, begging from people. And (know that) whatever you spend in Allah's Cause, you will get reward for it, even for the morsel of food which you put in your wife's mouth.' I said, 'O Allah's Apostle! Will I be left behind my companions (in Mecca)?' He said, 'If you remain behind, whatever good deed you will do for Allah's Sake, will raise and upgrade you to a higher position (in Allah's Sight). May be you will live longer so that some people may benefit by you, and some e others (pagans) may get harmed by you. O Allah! Complete the migration of my companions and do not turn them on their heels; But (we pity) the poor Sa`d bin Khaula (not the above mentioned Sa`d) (died in Mecca)" Allah's Apostle lamented (or pitied) for him as he died in Mecca. (See Hadith No. 693, Vol. 5)

Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqat (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."

My father set out (for Mecca) in the year of Al-Hudaibiya, and his companions assumed Ihram, but he did not. At that time the Prophet was informed that an enemy wanted to attack him, so the Prophet proceeded onwards. While my father was among his companions, some of them laughed among themselves. (My father said), "I looked up and saw an onager. I attacked, stabbed and caught it. I then sought my companions' help but they refused to help me. (Later) we all ate its meat. We were afraid that we might be left behind (separated) from the Prophet so I went in search of the Prophet and made my horse to run at a galloping speed at times and let it go slow at an ordinary speed at other times till I met a man from the tribe of Bani Ghifar at midnight. I asked him, "Where did you leave the Prophet ?" He replied, "I left him at Ta'hun and he had the intention of having the midday rest at As-Suqya. I followed the trace and joined the Prophet and said, 'O Allah's Apostle! Your people (companions) send you their compliments, and (ask for) Allah's Blessings upon you. They are afraid lest they may be left behind; so please wait for them.' I added, 'O Allah's Apostle! I hunted an onager and some of its meat is with me. The Prophet told the people to eat it though all of them were in the state of Ihram."

In the year of Hajjat-ul-Wada` the Prophet visited me when I fell ill and was about to die because of that illness. I said, "O Allah's Apostle! I am very ill as you see, and I am a rich man and have no heir except my only daughter. Shall I give 2/3 of my property in charity?" He said, "No." I said, "Shall I then give one half of it in charity?" He said, "O Sa`d! Give 1/3 (in charity) and even 1/3 is too much. No doubt, it is better to leave your children rich than to leave them poor, reduced to begging from others. And Allah will reward you for whatever you spend with the intention of gaining Allah's Pleasure even if it were a mouthful of food you put into your wives mouth." I said, "O Allah's Apostle! Am I to be left behind (in Mecca) after my companions have gone?" He said, "If you should be left behind, you will be upgraded and elevated for every deed you will do with a desire to achieve Allah's Pleasure. I hope that you will live long so that some people will benefit by you while others will be harmed. O Allah! Please fulfill the migration of my companions and do not make them turn back on their heels. But (we feel sorry for) the unlucky Sa`d bin Khaulah." Allah's Apostle lamented his death in Mecca.

(the son of Muhib) An Egyptian who came and performed the Hajj to the Ka`ba saw some people sitting. He enquire, "Who are these people?" Somebody said, "They are the tribe of Quraish." He said, "Who is the old man sitting amongst them?" The people replied, "He is `Abdullah bin `Umar." He said, "O Ibn `Umar! I want to ask you about something; please tell me about it. Do you know that `Uthman fled away on the day (of the battle) of Uhud?" Ibn `Umar said, "Yes." The (Egyptian) man said, "Do you know that `Uthman was absent on the day (of the battle) of Badr and did not join it?" Ibn `Umar said, "Yes." The man said, "Do you know that he failed to attend the Ar Ridwan pledge and did not witness it (i.e. Hudaibiya pledge of allegiance)?" Ibn `Umar said, "Yes." The man said, "Allahu Akbar!" Ibn `Umar said, "Let me explain to you (all these three things). As for his flight on the day of Uhud, I testify that Allah has excused him and forgiven him; and as for his absence from the battle of Badr, it was due to the fact that the daughter of Allah's Apostle was his wife and she was sick then. Allah's Apostle said to him, "You will receive the same reward and share (of the booty) as anyone of those who participated in the battle of Badr (if you stay with her).' As for his absence from the Ar-Ridwan pledge of allegiance, had there been any person in Mecca more respectable than `Uthman (to be sent as a representative). Allah's Apostle would have sent him instead of him. No doubt, Allah's Apostle had sent him, and the incident of the Ar-Ridwan pledge of Allegiance happened after `Uthman had gone to Mecca. Allah's Apostle held out his right hand saying, 'This is `Uthman's hand.' He stroke his (other) hand with it saying, 'This (pledge of allegiance) is on the behalf of `Uthman.' Then Ibn `Umar said to the man, 'Bear (these) excuses in mind with you.'

(regarding the Verse): 'If any of you dies and leaves wives behind,' That was the period of the 'Iddah which the widow was obliged to spend in the house of the late husband. Then Allah revealed: And those of you who die and leave wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they leave, there is no blame on you for what they do of themselves, provided it is honorable (i.e. lawful marriage) (2.240) Mujahid said: Allah has ordered that a widow has the right to stay for seven months and twenty days with her husband's relatives through her husband's will and testament so that she will complete the period of one year (of 'Iddah). But the widow has the right to stay that extra period or go out of her husband's house as is indicated by the statement of Allah: 'But if they leave there is no blame on you,... ' (2.240) Ibn `Abbas said: The above Verse has cancelled the order of spending the period of the 'Iddah at her late husband's house, and so she could spend her period of the 'Iddah wherever she likes. And Allah says: 'Without turning them out.' 'Ata said: If she would, she could spend her period of the 'Iddah at her husband's house, and live there according to her (husband's) will and testament, and if she would, she could go out (of her husband's house) as Allah says: 'There is no blame on you for what they do of themselves.' (2.240) 'Ata added: Then the Verses of inheritance were revealed and the order of residence (for the widow) was cancelled, and she could spend her period of the 'Iddah wherever she would like, and she was no longer entitled to be accommodated by her husband's family.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Abu't-Tufayl Amir ibn Wathila that Muadh ibn Jabal told him that they went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Tabuk, and the Messenger of Allah, may Allah bless him and grant him peace, joined dhuhr with asr and maghrib with isha. Muadh said, "One day he delayed the prayer, and then came out and prayed dhuhr and asr together. Then he said, 'Tomorrow you will come, insha' llah, to the spring of Tabuk. But you will not get there until well into the morning. No one who arrives should touch any of its water until I come.' We came to it and two men had got to it before us and the spring was dripping with a little water. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'Have you touched any of its water?' They said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, reviled them and said what Allah wished him to say. Then they took water with their hands from the spring little by little until it had been collected in something. Then the Messenger of Allah, may Allah bless him and grant him peace, washed his face and hands in it. Then he put it back into the spring and the spring flowed with an abundance of water and the people drew water from it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you live long enough, Muadh, you will soon see this place filled with gardens.' "

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.

(the wife of the Prophet) I never remembered my parents believing in any religion other than the true religion (i.e. Islam), and (I don't remember) a single day passing without our being visited by Allah's Apostle in the morning and in the evening. When the Muslims were put to test (i.e. troubled by the pagans), Abu Bakr set out migrating to the land of Ethiopia, and when he reached Bark-al-Ghimad, Ibn Ad-Daghina, the chief of the tribe of Qara, met him and said, "O Abu Bakr! Where are you going?" Abu Bakr replied, "My people have turned me out (of my country), so I want to wander on the earth and worship my Lord." Ibn Ad-Daghina said, "O Abu Bakr! A man like you should not leave his home-land, nor should he be driven out, because you help the destitute, earn their livings, and you keep good relations with your Kith and kin, help the weak and poor, entertain guests generously, and help the calamity-stricken persons. Therefore I am your protector. Go back and worship your Lord in your town."

So Abu Bakr returned and Ibn Ad-Daghina accompanied him. In the evening Ibn Ad-Daghina visited the nobles of Quraish and said to them. "A man like Abu Bakr should not leave his homeland, nor should he be driven out. Do you (i.e. Quraish) drive out a man who helps the destitute, earns their living, keeps good relations with his Kith and kin, helps the weak and poor, entertains guests generously and helps the calamity-stricken persons?" So the people of Quraish could not refuse Ibn Ad-Daghina's protection, and they said to Ibn Ad-Daghina, "Let Abu Bakr worship his Lord in his house. He can pray and recite there whatever he likes, but he should not hurt us with it, and should not do it publicly, because we are afraid that he may affect our women and children." Ibn Ad-Daghina told Abu Bakr of all that. Abu Bakr stayed in that state, worshipping his Lord in his house. He did not pray publicly, nor did he recite Quran outside his house.

Then a thought occurred to Abu Bakr to build a mosque in front of his house, and there he used to pray and recite the Quran. The women and children of the pagans began to gather around him in great number. They used to wonder at him and look at him. Abu Bakr was a man who used to weep too much, and he could not help weeping on reciting the Quran. That situation scared the nobles of the pagans of Quraish, so they sent for Ibn Ad-Daghina. When he came to them, they said, "We accepted your protection of Abu Bakr on condition that he should worship his Lord in his house, but he has violated the conditions and he has built a mosque in front of his house where he prays and recites the Quran publicly. We are now afraid that he may affect our women and children unfavorably. So, prevent him from that. If he likes to confine the worship of his Lord to his house, he may do so, but if he insists on doing that openly, ask him to release you from your obligation to protect him, for we dislike to break our pact with you, but we deny Abu Bakr the right to announce his act publicly." Ibn Ad-Daghina went to Abu- Bakr and said, ("O Abu Bakr!) You know well what contract I have made on your behalf; now, you are either to abide by it, or else release me from my obligation of protecting you, because I do not want the 'Arabs hear that my people have dishonored a contract I have made on behalf of another man." Abu Bakr replied, "I release you from your pact to protect me, and am pleased with the protection from Allah."

At that time the Prophet was in Mecca, and he said to the Muslims, "In a dream I have been shown your migration place, a land of date palm trees, between two mountains, the two stony tracts." So, some people migrated to Medina, and most of those people who had previously migrated to the land of Ethiopia, returned to Medina. Abu Bakr also prepared to leave for Medina, but Allah's Apostle said to him, "Wait for a while, because I hope that I will be allowed to migrate also." Abu Bakr said, "Do you indeed expect this? Let my father be sacrificed for you!" The Prophet said, "Yes." So Abu Bakr did not migrate for the sake of Allah's Apostle in order to accompany him. He fed two she-camels he possessed with the leaves of As-Samur tree that fell on being struck by a stick for four months.

One day, while we were sitting in Abu Bakr's house at noon, someone said to Abu Bakr, "This is Allah's Apostle with his head covered coming at a time at which he never used to visit us before." Abu Bakr said, "May my parents be sacrificed for him. By Allah, he has not come at this hour except for a great necessity." So Allah's Apostle came and asked permission to enter, and he was allowed to enter. When he entered, he said to Abu Bakr. "Tell everyone who is present with you to go away." Abu Bakr replied, "There are none but your family. May my father be sacrificed for you, O Allah's Apostle!" The Prophet said, "i have been given permission to migrate." Abu Bakr said, "Shall I accompany you? May my father be sacrificed for you, O Allah's Apostle!" Allah's Apostle said, "Yes." Abu Bakr said, "O Allah's Apostle! May my father be sacrificed for you, take one of these two she-camels of mine." Allah's Apostle replied, "(I will accept it) with payment." So we prepared the baggage quickly and put some journey food in a leather bag for them. Asma, Abu Bakr's daughter, cut a piece from her waist belt and tied the mouth of the leather bag with it, and for that reason she was named Dhat-un-Nitaqain (i.e. the owner of two belts).

Then Allah's Apostle and Abu Bakr reached a cave on the mountain of Thaur and stayed there for three nights. 'Abdullah bin Abi Bakr who was intelligent and a sagacious youth, used to stay (with them) aver night. He used to leave them before day break so that in the morning he would be with Quraish as if he had spent the night in Mecca. He would keep in mind any plot made against them, and when it became dark he would (go and) inform them of it. 'Amir bin Fuhaira, the freed slave of Abu Bakr, used to bring the milch sheep (of his master, Abu Bakr) to them a little while after nightfall in order to rest the sheep there. So they always had fresh milk at night, the milk of their sheep, and the milk which they warmed by throwing heated stones in it. 'Amir bin Fuhaira would then call the herd away when it was still dark (before daybreak). He did the same in each of those three nights. Allah's Apostle and Abu Bakr had hired a man from the tribe of Bani Ad-Dail from the family of Bani Abd bin Adi as an expert guide, and he was in alliance with the family of Al-'As bin Wail As-Sahmi and he was on the religion of the infidels of Quraish. The Prophet and Abu Bakr trusted him and gave him their two she-camels and took his promise to bring their two she camels to the cave of the mountain of Thaur in the morning after three nights later. And (when they set out), 'Amir bin Fuhaira and the guide went along with them and the guide led them along the sea-shore.

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."