Regarding the Verse:--"They ask your instruction concerning the women. Say: Allah instructs you about them and yet whom you desire to marry." (4.127) (has been revealed regarding the case of) a man who has an orphan girl, and he is her guardian and her heir. The girl shares with him all his property, even a date-palm (garden), but he dislikes to marry her and dislikes to give her in marriage to somebody else who would share with him the property she is sharing with him, and for this reason that guardian prevents that orphan girl from marrying. So, this Verse was revealed: (And Allah's statement:) "If a woman fears cruelty or desertion on her husband's part." (4.128)

that he came to `Aisha and said to her, "O Mother of the Believers! There is a man who sends a Hadi to Ka`ba and stays in his city and requests that his Hadi camel be garlanded while he remains in a state of Ihram from that day till the people finish their Ihram (after completing all the ceremonies of Hajj)" (What do you say about it?) Masruq added, I heard the clapping of her hands behind the curtain. She said, "I used to twist the garlands for the Hadi of Allah's Apostle and he used to send his Hadi to Ka`ba but he never used to regard as unlawful what was lawful for men to do with their wives till the people returned (from the Hajj).

`Abdullah cursed those women who practiced tattooing and those who removed hair from their faces and those who created spaces between their teeth artificially to look beautiful, such ladies as changed what Allah has created. Um Ya'qub said, "What is that?" `Abdullah said, "Why should I not curse those who were cursed by Allah's Apostle and are referred to in Allah's Book?" She said to him "By Allah, I have read the whole Qur'an but I have not found such a thing. `Abdullah said, "By Allah, if you had read it (carefully) you would have found it. (Allah says:) 'And what the Apostle gives you take it and what he forbids you abstain (from it).' (59.7)

(the wife of the Prophet) `Umar bin Al-Khattab used to say to Allah's Apostle "Let your wives be veiled" But he did not do so. The wives of the Prophet used to go out to answer the call of nature at night only at Al-Manasi.' Once Sauda, the daughter of Zam`a went out and she was a tall woman. `Umar bin Al-Khattab saw her while he was in a gathering, and said, "I have recognized you, O Sauda!" He (`Umar) said so as he was anxious for some Divine orders regarding the veil (the veiling of women.) So Allah revealed the Verse of veiling. (Al-Hijab; a complete body cover excluding the eyes). (See Hadith No. 148, Vol. 1)

On the day of the Battle of Uhud, my father was brought and he had been mutilated (in battle) and was placed in front of Allah's Apostle and a sheet was over him. I went intending to uncover my father but my people forbade me; again I wanted to uncover him but my people forbade me. Allah's Apostle gave his order and he was shifted away. At that time he heard the voice of a crying woman and asked, "Who is this?" They said, "It is the daughter or the sister of `Amr." He said, "Why does she weep? (or let her stop weeping), for the angels had been shading him with their wings till he (i.e. the body of the martyr) was shifted away."

The Messenger of Allah (saws) used to come to us. He once said: Pour ablution water on me. She then described how the Prophet (saws) performed ablution saying: He washed his hands up to wrist three times and washed his face three times, and rinsed his mouth and snuffed up water once. Then he washed his forearms three times and wiped his head twice beginning from the back of his head, then wiped its front. He wiped his ears outside and inside. Then he washed his feet three times.

Abu Dawud said: The tradition narrated by Musaddad carries the same meaning.

I was sleeping in front of the Prophet (saws) with my legs between him and the qiblah. Shu'bah said: I think she said: I was menstruating.

Abu Dawud said: This tradition has been narrated by al-Zuhri, 'Ata, Abu Bakr b. Hafs, Hisham b. 'Urwah, 'Irak b. Malik, Abu al-Aswad and Tamim b. Salamah; all transmitted from 'Urwah on the authority of 'Aishah. Ibrahim narrated from al-Aswad on the authority of 'Aishah. Abu al-Duha narrated from Masruq on the authority of 'Aishah. Al-Qasim b. Muhammad and Abu Salamah narrated it from 'Aisha. All these narrators did not mention the words "And I was menstruating."

I heard the Messenger of Allah (saws) delivering Khutbah during the farewell Hajj, and he was wearing a Burd which he had wrapped from under his armpit." She said: "I was look at muscle of his upper arm quivering and I heard him saying: O you people! Have Taqwa of Allah. If a mutilated Ethiopian slave is put in command over you, then listen to him and obey him, as long as he upholds the Book of Allah among you.'"

[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah and 'Irbad bin Sariyah. This Hadith is Hasan Sahih, it has been reported through other routes from Umm Husain.

That `Aisha the wife of the Prophet told her uncle that once, while the Prophet was in her house, she heard a man asking Hafsa's permission to enter her house. `Aisha said, "I said, 'O Allah's Apostle! I think the man is Hafsa's foster uncle.' " `Aisha added, "O Allah's Apostle! There is a man asking the permission to enter your house." Allah's Apostle replied, "I think the man is Hafsa's foster uncle." `Aisha said, "If so-and-so were living (i.e. her foster uncle) would he be allowed to visit me?" Allah's Apostle said, "Yes, he would, as the foster relations are treated like blood relations (in marital affairs).

My mother asked my father to present me a gift from his property; and he gave it to me after some hesitation. My mother said that she would not be satisfied unless the Prophet was made a witness to it. I being a young boy, my father held me by the hand and took me to the Prophet . He said to the Prophet, "His mother, bint Rawaha, requested me to give this boy a gift." The Prophet said, "Do you have other sons besides him?" He said, "Yes." The Prophet said, "Do not make me a witness for injustice." Narrated Ash-Shu`bi that the Prophet said, "I will not become a witness for injustice."

The Messenger of Allah (saws) was with one of his wives. One of the Mothers of faithful sent a bowl containing food through a servant of hers. She struck with her hand and broke the bowl. Ibn al-Muthanna's version has: The Prophet (saws) took the pieces of the bowl, and joined one with the other, and began to collect the food in it, saying: Your mother is jealous. Ibn al-Muthanna added: Eat. They ate till a bowl of the one in whose house he was brought.

Abu Dawud said: We then returned to the version of the tradition of Musaddad: He said: Eat. He detained the servant and the bowl till they were free. Then he returned the sound bowl to the messenger and detained the broken one (bowl) in his house.

That the Messenger of Allah (saws) said: "Allah forgave a man who was before you: He was tolerant when selling, tolerant when purchasing, and tolerant when repaying."

He said: This Hadith is Gharib Sahih Hasan from this route.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, when asked if anyone should recite behind an imam, said, "When you pray behind an imam then the recitation of the imam is enough for you and when you pray on your own you must recite." Nafi added, "Abdullah ibn 'Umar used not to recite behind the imam."

Yahya said that he heard Malik say, "The position with us is that aman recites behind the imam when the imam does not recite aloud and he refrains from reciting when the imam recites aloud."

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.

"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."

Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "

Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."

Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."

Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."

Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."

Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."

Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."

Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."

Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."

"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."

The Prophet (saws) named our cavalry "the Cavalry of Allah," when we were struck with panic, and when panic overtook us, the Messenger of Allah (saws) commanded us to be united, to have patience and perseverance; and to be so when we fought.

Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."

Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."

Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."

Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."

Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."

Allah's Apostle said, "When you drink (water), do not breath in the vessel; and when you urinate, do not touch your penis with your right hand. And when you cleanse yourself after defecation, do not use your right hand."

I heard `Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta a to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property . So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle, said, "Hatib has told you the truth." `Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."