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."

Yahya related to me from Malik that Yahya ibn Said said, "I vowed to walk, but I was struck by a pain in the kidney, so I rode until I came to Makka. I questioned Ata ibn Abi Rabah and others, and they said, 'You must sacrifice an animal.' When I came to Madina I questioned the ulama there, and they ordered me to walk again from the place from which I was unable to go on. So I walked."

Yahya said that he had heard Malik say, "What is done among us regarding someone who makes a vow to walk to the House of Allah, and then cannot do it and so rides, is that he must return and walk from the place from which he was unable to go on. If he cannot walk, he should walk what he can and then ride, and he must sacrifice a camel, a cow, or a sheep if that is all that he can find."

Malik, when asked about a man who said to another, "I will carry you to the House of Allah", answered, "If he intended to carry him on his shoulder, by that he meant hardship and exhaustion to himself, and he does not have to do that. Let him walk by foot and make sacrifice. If he did not intend anything, let him do hajj and ride, and take the man on hajj with him. That is because he said, 'I will carry you to the house of Allah.' If the man refuses to do hajj with him, then there is nothing against him, and what is demanded of him is cancelled."

Yahya said that Malik was asked whether it was enough for a man who had made a vow that he would walk to the House of Allah a certain (large) number of times, or who had forbidden himself from talking to his father and brother, if he did not fulfil a certain vow, and he had taken upon himself, by the oath, something which he was incapable of fulfilling in his lifetime, even though he were to try every year, to fulfil only one or a (smaller) number of vows by Allah? Malik said, "The only satisfaction for that that I know is fulfilling what he has obliged himself to do. Let him walk for as long as he is able and draw near Allah the Exalted by what he can of good."

Yahya said that he heard Malik say, "What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further, is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped, he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps, he has the price of the animal on top of the rent. If, however, the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him, the owner of the animal only has half the first rent. That is because half of the rent is going, and half of it is returning. If he oversteps with the animal, only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented, the hirer would not be liable and the renter would only have half the rent."

Malik said, "That is what is done with people who overstep and dispute about what they took the animal for."

Malik said, "It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him, 'Do not buy such-and-such animals or such- and-such goods.' He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that, he intends to be liable for the money and take the profit of his companion. When he does that, the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit, he does so. If he likes, he has his capital guaranteed against the one who took the capital and over stepped the mark."

Malik said, "It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs, and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property, he takes it. If he wants the partner to be liable for his capital he has that."

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

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

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

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

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

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

It is related that 'Abdullah ibn 'Umar reported that 'Umar went with the Messenger of Allah, may Allah bless him and grant him peace, with a group to visit Ibn Sayyad. They found him playing with some children in the hills of Banu Maghala. Ibn Sayyad, who was approaching puberty, did not notice them until the Prophet, may Allah bless him and grant him peace, patted him with his hand and then said to him, 'Do you testify that I am the Messenger of Allah?' Ibn Sayyad looked at him and said, 'I testify that you are the Messenger of the unlettered.' Ibn Sayyad said to the Prophet, 'Do you testify that I am the Messenger of Allah?' He refuted it and said, 'I have believed in Allah and His Messengers.' Then he said to him, 'What dreams do you have?' Ibn Sayyad replied, 'Both truthful people and liars come to me.' The Prophet, may Allah bless him and grant him peace, said, 'You are in a state of confusion.' Then the Prophet, may Allah bless him and grant him peace, said to him, 'I am concealing something from you.' Ibn Sayyad said, 'It is just smoke.' He said, 'Shame on you! You will not go too far.' 'Umar said, 'Messenger of Allah, let me cut his head off?' The Prophet, may Allah bless him and grant him peace, said, 'If it is him (i.e. the Dajjal), you will not be able to get the better of him. If it is not him, there is no point in killing him.'"

"While I was at the Ka'bah, in a state between sleep and wakefulness, three men came, and one of them who was in the middle came toward me. I was brought a basin of gold, filled with wisdom and faith, and he slit open from the throat to the lower abdomen, and washed the heart with Zamzam water, then - "it was filled with wisdom and faith. Then I was brought a riding-beast, smaller than a mule and bigger than a donkey. I set off with Jibril, peace be upon him, and we came to the lowest heaven. It was said: 'Who is with you?' He said: 'Muhammad.' It was said: 'Has (revelation) been sent to him? Welcome to him, what an excellent visit his is.' I came to Adam, peace be upon him, and greeted him, and he said: 'Welcome to you! What an excellent son and Prophet.' Then we came to the second heaven and it was said: 'Who is this?' He said: 'Jibra'il.' [1] It was said: 'Who is with you?' he said: 'Muhammad.' And the same exchange took place. I came to Yahya and 'Eisa, peace be upon them both, and greeted them, and they said: 'Welcome to you! What an excellent brother and Prophet.' Then we came to the third heaven and it was said: 'Who is this?' He said: 'Jibra'il.' It was said: 'Who is with you?' He said: 'Muhammad.' And the same exchange took place. I came to Yusuf, peace be upon him, and greeted him, and he said: 'Welcome to you! What an excellent brother and Prophet.' Then we came to the fourth heaven and the same exchange took place. I came to Idris, peace be upon him, and greeted him, and he said: 'Welcome to you! What an excellent brother and Prophet.' Then we came to the fifth heaven and the same exchange took place. I came to Harun, peace be upon him, and greeted him, and he said: 'Welcome to you! What an excellent brother and Prophet.' Then we came to the sixth heaven and the same exchange took place. I came to Musa, peace be upon him, and greeted him, and he said: 'Welcome to you! What an excellent brother and Prophet.' What I passed him, he wept, and it was said: 'Why are you weeping?' He said: 'O Lord, this young man whom You have sent after me, more of his Ummah will enter Paradise than from my nation, and they will be more virtuous than them.' Then we came to the seventh heaven and a similar exchange took place. I came to Ibrahim, peace be upon him, and greeted him, and he said: 'Welcome to you! What an excellent son and Prophet.' Then I was taken up to the Oft-Frequented House (Al-Bait al-Ma'mur) and I asked Jibra'il about it, and he said: 'This is Al-Bait al-Ma'mur in which seventy thousand angels pray everyday, and when they leave it they never come back.' Then I was taken up to Sidrah Al-Muntaha (the Lote-Tree of the Utmost Boundary). Its fruits were like Qilal [2] of Hajar and its leaves were like the ears of elephants. At its base were four rivers: Two hidden rivers and two manifest rivers. I asked Jibril (About them) and he said: 'The two hidden ones are in paradise, and the two manifest ones are the Euphrates and the Nile.' Then fifty prayers were enjoined upon me. I came to Musa and he said: 'What happened?' I said: 'Fifty prayers have been enjoined upon me.' He said: 'I know more about the people than you. I tried hard with the Children of Israel. Your Ummah will never be able to bear that. Go back to your Lord and ask Him to reduce it for you.' So I went back to my Lord and asked Him to reduce it, and He made it forty. Then I went back to Musa, peace be upon him, and he said: 'What happened?' I said: 'He made it forty.' He said to me something similar to what he said the first time, so I went back to my Lord and He made it thirty. I came to Musa, peace be upon him, and told him, and he said to me something similar to what he said the first time, so I went back to my Lord and he made it twenty, then ten, then five. I came to Musa, peace be upon him, and he said to me something like he had said the first time, but I said: 'I feel too shy before my Lord to go back to Him.' Then it was called out: 'I have decreed (the reward for) My obligation, and I have reduced the burden for My slaves and I will give a ten-fold reward for each good deed.'" [1] It is like this here, while it is Jibra'il the first time it appears in this narration, and Jibra'il is often used in the Hadith literature. [2] Plural of Qullah

“I came to ‘Abdullah bin ‘Amr bin ‘As when he was sitting in the shade of the Ka’bah, and the people were gathered around him, and I heard him say: ‘While we were with the Messenger of Allah (saw) on a journey, he stopped to camp and some of us were pitching tents, some were competing in shooting arrows and some were taking the animals out to graze them. Then his caller called out: “As-Salatu Jami’ah (prayer is about to begin).” So we gathered, and the Messenger of Allah (saw) stood up and addressed us. He said: “There has never been a Prophet before me who was not obliged to tell his nation of what he knew was good for them, and to warn against what he knew was bad for them. With regard to this nation of yours, soundness (of religious commitment) and well-being has been placed in its earlier generations and the last of them will be afflicted with calamities and things that you dislike. Then there will come tribulations which will make the earlier ones pale into significance, and the believer will say: ‘This will be the end of me,’ then relief will come. Then (more) tribulations will come and the believer will say: ‘This will be the end of me,’ then relief will come. Whoever would like to be taken far away from Hell and admitted to Paradise, let him die believing in Allah and the Last Day, and let him treat people as he would like to be treated. Whoever gives his oath of allegiance to a ruler and gives a sincere promise, let him obey him as much as he can, and if another comes and challenges him, let them strike the neck (i.e., kill) the second one.’” He the narrator said: “I raised my head among the people and said: 'I adjure you by Allah, did you hear that from the Messenger of Allah (SAW)?' He ('Abdullah bin 'Amr bin Al-'As) pointed with his hand to his ears and said: I heard it directly from him and memorized it.'”

`Abdallah b. `Umar told that `Umar b. al-Khattab went with God's messenger and some of his companions to Ibn Sayyad and found him playing with the boys in the fortress of the B. Maghala, Ibn Sayyid at that time being near the age of puberty. Before he was aware God's messenger gave him a clap on the back and said, "Do you testify that I am God's messenger?" He looked at him and said, "I testify that you are the messenger of the Gentiles," after which Ibn Sayyad said, "Do you testify that I am God's messenger?" The Prophet squeezed him and said, "I believe in God and His messengers." He then asked Ibn Sayyad what visions he had, and when he replied, "One who speaks the truth and one who lies comes to me," God's messenger said, "You are confused." He then said, "I have concealed something in my mind which I would like you to tell me" (referring to "the day when the sky will bring forth smoke (dukhan) clearly visible").[1] On his replying, "It is smoke (dukhkh)," he said, "Away with you! You cannot get farther than your rank."[2] `Umar then asked God's messenger if he would permit him to cut off his head, but he replied, "If he is the one[3] you will not be given power over him, and if he is not, you will not do well in killing him." Ibn `Umar told that sometime afterwards God's messenger and Ubayy b. Ka'b went towards the palm trees where Ibn Sayyid was, and God's messenger hid behind the palm trunks seeking stealthily to hear something from Ibn Sayyid before he could see him. Ibn Sayyid was lying on his bed in a wrapper from which a murmur issued, and when his mother saw the Prophet hiding behind the palm trunks she said, "Saf '(that being his name), here is Muhammad," whereupon Ibn Sayyad stopped the murmuring, and God's messenger said, "If you had left him alone, he would have made things clear." `Abdallah b. `Umar told that God's messenger stood up among the people, and when he had extolled God - in a fitting manner he mentioned the dajjal and said, "I warn you of him, and there is no prophet who has not warned his people. Noah warned his people, but I shall tell you something about him which no prophet has told his people. You must know that he is one-eyed, whereas God is not one-eyed." 1. Quran, 44:10. 2. The idea is that Ibn Sayyid was being tested to see whether he had any supernatural knowledge of what the Prophet had in mind. His use of a different form of the word for smoke put him on the level of a kahin with a defective source of information. 3. i.e., the dajjal. (Bukhari and Muslim.)

from Anas who said: "Hudhaifah bin Al-Yaman came to 'Uthman, at the time when the people of Ash-Sham and the people of Al-'Iraq were waging war to conquer Arminiyah and Adharbijan. Hudhaifah saw their (the people of Ash-Sham and Al-'Iraq) different forms of recitation of the Qur'an. So he said to 'Uthman: 'O Commander of the Believers! Save this nation before they differ about the Book as the Jews and the Christians did before them.' So he ('Uthman) sent a message to Hafsah (saying): 'Send us the manuscripts so that we may copy them in the Musahif (plural of Mushaf: a written copy of the Qur'an) then we shall return it to you.' So Hafsah sent the manuscripts to 'Uthman bin 'Affan. 'Uthman then sent order for Zaid bin Thabit, Sa'eed bin Al-'As, 'Abdur-Rahman bin Al-Harith bin Hisham, and 'Abdullah bin Az-Zubair to copy the manuscripts in the Musahif. 'Uthman said to the three Quraish men: 'In case you disagree with Zaid bin Thabit on any point in the (recitation dialect of the) Qur'an, then write it in the dialect of Quraish for it was in their tongue.' So when they had copied the manuscripts, 'Uthman sent one Mushaf from those Musahif that they had copied to every province." Az-Zuhri said: "Kharijah bin Zaid [bin Thabit] narrated to me that Zaid bin Thabit said: 'I missed an Ayah of Surat Al-Ahzab that I heard the Messenger of Allah (SAW) reciting: Among the believers are men who have been true to their covenant with Allah, of them some have fulfilled their obligations, and some of them are still waiting (33:23) - so I searched for it and found it with Khuzaimah bin Thabit, or Abu Khuzaimah, so I put it in its Surah.'" Az-Zuhri said: "They differed then with At-Tabut and At-Tabuh. The Quraish said: At-Tabut while Zaid said: At-Tabuh. Their disagreement was brought to 'Uthman, so he said: 'Write it as At-Tabut, for it was revealed in the tongue of the Quraish.'" Az-Zuhri said: "'Ubaidullah bin 'Abdullah bin 'Utbah informed me that 'Abdullah bin Mas'ud disliked Zaid bin Thabit copying the Musahif, and he said: 'O you Muslim people! I am removed from recording the transcription of the Mushaf and it is overseen by a man, by Allah, when I accepted Islam he was but in the loins of a disbelieving man' - meaning Zaid bin Thabit - and it was regarding this that 'Abdullah bin Mas'ud said: 'O people of Al-'Iraq! Keep the Musahif that are with you, and conceal them. For indeed Allah said: And whoever conceals something, he shall come with what he concealed on the Day of Judgement (3:161). So meet Allah with the Musahif.'" Az-Zuhri said: "It was conveyed to me that some men amongst the most virtuous of the Companions of the Messenger of Allah (SAW) disliked that view of Ibn Mas'ud."

Yahya related to me, that Malik said, "The generally agreed on way of doing things among us about a man buying cloth in one city, and then taking it to another city to sell as a murabaha, is that he is not reckoned to have the wage of an agent, or any allowance for ironing, folding, straightening, expenses, or the rent of a house. As for the cost of transporting the drapery, it is included in the basic price, and no share of the profit is allocated to it unless the agent tells all of that to the investor. If they agree to share the profits accordingly after knowledge of it, there is no harm in that."

Malik said, "As for bleaching, tailoring, dyeing, and such things, they are treated in the same way as drapery. The profit is reckoned in them as it is reckoned in drapery goods. So if he sells the drapery goods without clarifying the things we named as not getting profit, and if the drapery has already gone, the transport is to be reckoned, but no profit is given. If the drapery goods have not gone the transaction between them is null and void unless they make a new mutual agreement on what is to be permitted between them ."

Malik spoke about an agent who bought goods for gold or silver, and the exchange rate on the day of purchase was ten dirhams to the dinar. He took them to a city to sell murabaha, or sold them where he purchased them according to the exchange rate of the day on which he sold them. If he bought them for dirhams and he sold them for dinars, or he bought them for dinars and he sold them for dirhams, and the goods had not gone then he had a choice. If he wished, he accepted to sell the goods and if he wished, he left them. If the goods had been sold, he had the price for which the salesman bought them, and the salesman was reckoned to have the profit on what they were bought for, over what the investor gained as profit.

Malik said, "If a man sells goods worth one hundred dinars for one hundred and ten, and he hears after that they are worth ninety dinars, and the goods have gone, the seller has a choice. If he likes, he has the price of the goods on the day they were taken from him unless the price is more than the price for which he was obliged to sell them in the first place, and he does not have more than that - and it is one hundred and ten dinars. If he likes, it is counted as profit against ninety unless the price his goods reached was less than the value. He is given the choice between what his goods fetch and the capital plus the profit, which is ninety-nine dinars."

Malik said, "If someone sells goods in murabaha and he says, 'It was valued at one hundred dinars to me.' Then he hears later on, that it was worth one hundred and twenty dinars, the customer is given the choice. If he wishes, he gives the salesman the value of the goods on the day he took them, and if he wishes, he gives the price for which he bought them according to the reckoning of what profit he gives him, as far as it goes, unless that is less than the price for which he bought them, for he should not give the owner of the goods a loss from the price for which he bought them because he was satisfied with that. The owner of the goods came to seek extra, so the buyer has no argument against the salesman in that to make a reduction from the first price for which he bought it according to the list of contents."

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.

Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.

Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.

Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in a slave and has enough money to cover the full price of the slave, justly evaluated for him, he must give his partners their shares, so the slave is completely free . ' "

Malik said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."

Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."

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."

Ibrahim (PBUH) brought his wife and her son Isma'il (PBUH), while she was suckling him, to a place near the Ka'bah under a tree on the spot of Zamzam, at the highest place in the mosque. In those days, there was no human being in Makkah, nor was there any water. So he made them sit over there and placed near them a leather bag containing some dates, and a small water-skin containing some water, and set out homeward. Isma'il's mother followed him saying: "O Ibrahim! Where are you going, leaving us in this valley where there is no person whose company we may enjoy, nor is there anything (to enjoy)?" She repeated that to him many times, but he did not look back at her. Then she asked him: "Has Allah commanded you to do so?" He said: "Yes." She said: "Then He will not neglect us." She returned while Ibrahim proceeded onwards. Having reached the Thaniya, where they could not see him, he faced Ka'bah, raised his both hands and supplicated: "O our Rubb! I have made some of my offspring to dwell in an uncultivable valley by Your Sacred House (the Ka'bah at Makkah) in order, O our Rubb, that they may perform As-Salat (Iqamat-as-Salat). So fill some hearts among men with love towards them, and (O Allah) provide them with fruits so that they may give thanks." (14:37).

Isma'il's mother went on suckling Isma'il and drinking from the water which she had. When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at Isma'il, tossing in agony. She left him, for she could not endure looking at him, and found that the mountain of As-Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from As-Safa, and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble till she crossed the valley and reached Al-Marwah mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between As-Safa and Al-Marwah) seven times." Ibn 'Abbas further related: The Prophet (PBUH) said, "This is the source of the tradition of the Sa'y - i.e., the going of people between the two mountains. When she reached Al-Marwah (for the last time), she heard a voice and she exclaimed: 'Shshs!' (Silencing herself) and listened attentively. She heard the voice again and said: 'O (whoever you may be) You have made me hear your voice; have you any succour for me?' And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or with his wing), till water flowed out from that place. She started to make something like of a basin around it, using her hands in this way and began to fill her water- skin with water with her hands, and the water was flowing out until she had scooped some of it." The Prophet (PBUH) further said, "May Allah bestow mercy on Isma'il's mother! Had she let the Zamzam flow without trying to control it (or had she not scooped in that water) while filling her water-skin, Zamzam would have been a stream flowing on the surface of the earth." The Prophet (PBUH) further added, "Then she drank (water) and suckled her child. The angel said to her: 'Do not be afraid of being neglected, for this is the site on which the House of Allah will be built by this boy and his father, and Allah will never let neglected His people.' The House of Allah (the Ka'bah) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She continued living in that way till some people from the tribe of Jurhum passed by her and her child. As they were coming from through the way of Kada', in the lower part of Makkah where they saw a bird that had a habit of flying around water and not leaving it. They said: 'This bird must be flying over water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came towards the water." The Prophet (PBUH) added, "Isma'il's mother was sitting near the water. They asked her: 'Do you allow us to stay with you?' She replied: 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet (PBUH) further said, "Isma'il's mother was pleased with the whole situation as she used to love the company of the people. So, they settled there, and later on they sent for their families who came and settled with them. The child (i.e., Isma'il) grew up and learnt Arabic from them (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty, they gave him one of their daughters in marriage. After Isma'il's mother had died, Ibrahim came after Isma'il's marriage in order to see his family that he had left before, but he did not find Isma'il there. When he asked Isma'il's wife about him, she replied: 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied complaining to him: 'We are living in hardship, misery and destitution.' He said: 'When your husband returns, convey my salutations to him and tell him to change the threshold of the door of his house.' When Isma'il came, he seemed to have perceived something unusual. He asked his wife: 'Did anyone visit you?' She replied: 'Yes, an old man of such and such description came and asked me about you and I informed him, and he asked about our state of living, and, I told him that we were living in hardship and poverty.' Thereupon Isma'il said: 'Did he advise you anything?' She replied: 'Yes, he told me to convey his salutations to you and to change the threshold of your door.' Isma'il said: 'That was my father, and he has ordered me to divorce you. Go back to your family.' So Isma'il divorced her and married another woman from amongst them (Jurhum). Then Ibrahim stayed away from them for a period as long as Allah wished, and called on them again but did not find Isma'il. So he came to Isma'il's wife and asked her about him. She said: 'He has gone in search of our livelihood.' Ibrahim asked her about their sustenance and living: 'How are you getting on?' She replied: 'We are prosperous and well off.' Then she praised Allah, the Exalted. Ibrahim asked: 'What kind of food do you eat?' She said: 'Meat.' He said: 'What do you drink?' She said: 'Water.' He said, 'O Allah! Bless their meat and water!"' The Prophet (PBUH) added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet (PBUH) further said, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected because these things do not suit him unless he lives in Makkah." The Prophet (PBUH) added, "Then Ibrahim said to Isma'il's wife, 'When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his door.' When Isma'il came back, he asked his wife: 'Did anyone call on you?' She replied: 'Yes, a good looking old man came to me.' She praised him and added: 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in good condition.' Isma'il asked her: 'Did he give you a piece of advice?' She said: 'Yes, he told me to convey his regards to you and ordered that you should keep firm the threshold of your door.' On that Isma'il said: 'He was my father and you are the threshold of the door. He has ordered me to keep you with me.' Then Ibrahim stayed away from them for a period as long as Allah wished and called on them afterwards. He saw Isma'il under a tree near Zamzam, sharpening his arrows. When he saw Ibrahim, he rose up to welcome him, and they greeted each other as a father does with his son or a son does with his father. Ibrahim said: 'O Isma'il! Allah has given me an order.' Isma'il said: 'Do what your Rubb has commanded you to do.' Ibrahim asked: 'Will you help me?' Isma'il said: 'I will help you.' Ibrahim said: 'Allah has ordered me to build a house here, pointing to a hillock higher than the land surrounding it."' The Messenger of Allah (PBUH) added, "Then they raised the foundations of the House (i.e., Ka'bah). Isma'il brought the stones and Ibrahim was building (the house). When the walls became high, Isma'il brought stone and placed it for Ibrahim who stood over it and carried on building the House, while Isma'il was handing over the stones to him, both of them prayed: 'O our Rubb! Accept this service from us! Verily, You are the All- Hearer and the All-Knower."'

[Al-Bukhari].

There are some more narrations about this incident, some adding details and some with minor variations in the wordings.

a half or a third or a quarter or whatever."

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."

I used to recite to ‘AbdurRahman bin ‘Awf, and he found me waiting for him. That was in Mina during the last Hajj performed by `Umar bin al-Khattab (رضي الله عنه) Abdur-Rahman bin `Awf said: A man came to `Umar bin al-Khattab and said: So and so is saying: If `Umar (رضي الله عنه) dies, I will swear allegiance to So and so. ʼUmar (رضي الله عنه) said: I will stand before the people today and warn them against these people who want to deprive them of their rights, `Abdur-Rahman said: I said: O Ameer al-Mu`mineen, do not do that, for the Hajj season brings together the riffraff and rabble among the people, and most of the people who gather around and listen to you will be of that type. Is you stand before the people, I am afraid that you will say something that they will spread and not understand it properly or interpret it properly. Rather wait until you come to Madinah, for it is the land of Hijrah and the Sunnah, and you will meet the most knowledgeable and noble people there, and you can say what you want to say with confidence; they wilt understand what you say and will interpret it correctly, `Umar (رضي الله عنه) said: If I reach Madinah safe and sound, I shall certainly talk to the people there in the first speech I deliver. When we came to Madinah at the end of Dhul-I-Iijah, it was a Friday. I set out early, ‘Umar did not care at what time he went out, because he did not pay attention to heat and cold and so on. I found Sa`eed bin Zaid at the right-hand corner of the minbar, he had got there before me. I sat down next to him, with my knee touching his knee, and it was not long before `Umar (رضي الله عنه)came. When I saw him, I said: He will certainly speak today on this minbar and say something that no one ever heard before. Sa`eed bin Zaid objected to that and said: What do you think he will say that no one said before? `Umar (رضي الله عنه)sat on the minbar, and when the mu`dhdhin fell silent, he stood up and praised and glorified Allah as He deserves, then he said: To proceed o people, I am going to tell you something that it has been decreed I should say. I do not know, perhaps it may signal my death. So whoever understands it and remembers it, let him narrate it to others wherever his mount takes him; whoever does not understand il, it is not permissible for him to tell lies about me. Allah, may He be blessed and exalted, sent Muhammad (ﷺ) with the truth and revealed the Book to him; among the things that were revealed to him was the verse of stoning [adulterers). We read it and understood it; the Messenger of Allah (ﷺ) stoned [adulterers] and we stoned adulterers] after him. But I fear that with the passage of time, some people will say: We do not find the verse of stoning in the Book of Allah, thus they will go astray by forsaking an obligation that Allah revealed. Stoning is the due punishment in the Book of Allah for those who commit zina, both men and women, if they have been married and if proof is established, or there is a pregnancy or a confession, And we used to recite: Do not claim to be the offspring of anyone other than your fathers, as it is disbelief (or ingratitude) on your part to claim to be the offspring of anyone other than your fathers, Verily the Messenger of Allah (ﷺ) said: `Do not praise me excessively as `Eesa, the son of Maryam, was praised; rather I am the slave of Allah, so say, the slave of Allah and His Messenger.` I have heard that some among you are saying. If `Umar (رضي الله عنه) dies, I shall swear allegiance to So and so. No man should deceive himself by saying that the oath of allegiance to Abu Bakr was given suddenly and it was is successful. There is no doubt that this is the case, but Allah, may He be glorified and exalted, saved the to 2 people from its bad consequences and there is no one among you today who has the qualities of Abu Bakr (رضي الله عنه) What happened to us when the Messenger of Allah (ﷺ) died was that ‘Ali, az-Zubair and those who were with them stayed behind in the house of Fatimah, the daughter of the Messenger of Allah (ﷺ), and all the Ansar stayed behind and gathered in Saqeefat Banu Sa`idah, whilst the Muhajireen gathered around Abu Bakr (رضي الله عنه) I said to him; O Abu Bakr, let us go to our brothers, the Ansar. So we set out, looking for them, then we were met by two righteous men who told us what the people had done, and said: where are you going, O Muhajireen? I said: We are looking for these brothers of ours, the Ansar, They said. You should not go near them; do whatever you have already decided, O Muhajireen. I said: By Allah, we will go to them. So we carried on until we came to them in Saqeefat Banu Sa`idah, where we found them gathered and among them was a man wrapped up [in a garment. I said: Who is this? They said: Sa`d bin `Ubadah. ! said: What is the matter with him? They said: He is sick. After we sat down, their spokesman stood up and praised and glorified Allah, may He glorified and exalted, as He deserves, then he said: To proceed. We are the supporters (Ansar) of Allah and the majority of the Muslim army. You, O Muhajireen, are a small group among us. Some of you came to us, wanting to deny who we are and prevent us from attaining a position of authority. When he fell silent, I wanted to present a speech that I had prepared and that I liked in front of Abu Bakr (رضي الله عنه) I used to avoid provoking him and he was more forbearing and more dignified than me. But Abu Bakr (رضي الله عنه) said: Wait a while. I did not like to make him angry, and he was more knowledgeable and more dignified than me. By Allah, he did not omit any word that I liked in the speech I had prepared but he said something like it or better, speaking spontaneously, until he finished speaking. Then he said: To proceed. Whatever you have mentioned about your achievements and virtues, is correct. The Arabs would not acknowledge the leadership of anyone except someone from this tribe of Quraish, for they are the best of the Arabs in lineage and location. I am pleased to suggest to you one of these two men, whichever of them you want. Then he took hold of my hand and the hand of Abu `Ubaidah bin al-Jarrah, and I disliked nothing of what he had said apart from this, for by Allah, I would rather have my neck struck for no sin on my part than to become the leader of people among whom was Abu Bakr (رضي الله عنه) unless my own self suggested something at the time of death. One of the Ansar said: I am the post on which the camel with a skin disease scratches itself and I am like a high class palm tree [i.e., a noble]. [I suggest] a ruler from among us and a ruler from among you, O Quraish. - I the narrator said to Malik; What does ‘I am the post on which the cainc! with a skin disease scratches itself and I am like a high class palm tree` mean? He said:It is as if he is saying, I am the smart one who has the answer. - Then there was a great deal of clamour and raised voices, to such an extent that I feared there would be a conflict, so I said: Hold out your hand, O Abu Bakr. So he held out his hand and I swore allegiance to him, and the Muhajireen swore allegiance to him, then the Ansar swore allegiance to him. Thus we surrounded Sa`d bin ‘Ubadah. One of them said: You have killed Sa`d i said: May Allah kill Sa’d! And `Umar (رضي الله عنه) said: By Allah, we never encountered any problem greater than the swearing of allegiance to Abu Bakr (رضي الله عنه) . We were afraid that if we left the people without having sworn allegiance to anyone, they might swear allegiance after we were gone, so we would either follow in their footsteps and swear allegiance to someone we were not pleased with, or we would disagree with them and that would cause trouble. If anyone swears allegiance to a leader without consulting the Muslims, there is no allegiance for him and no allegiance to the one who swore allegiance to him, lest both of them be killed. Malik said: Ibn Shihab told me, from `Urwah bin az-Zubair, that the men whom they met were `Uwaim bin Sa`idah and Ma`n bin `Adiyy. Ibn Shihab said. Sa`eed bin al-Musayyab told me that the one who said, I am the post on which the camel with a skin disease scratches itself and I am like a high class palm tree, was al-lubab bin al-Mundhir.

I heard Ka'b bin Malik (May Allah be pleased with him) narrating the story of his remaining behind instead of joining Messenger of Allah (PBUH) when he left for the battle of Tabuk. Ka'b said: "I accompanied Messenger of Allah (PBUH) in every expedition which he undertook excepting the battle of Tabuk and the battle of Badr. As for the battle of Badr, nobody was blamed for remaining behind as Messenger of Allah (PBUH) and the Muslims, when they set out, had in mind only to intercept the caravan of the Quraish. Allah made them confront their enemies unexpectedly. I had the honour of being with Messenger of Allah (PBUH) on the night of 'Aqabah when we pledged our allegiance to Islam and it was dearer to me than participating in the battle of Badr, although Badr was more well-known among the people than that. And this is the account of my staying behind from the battle of Tabuk. I never had better means and more favourable circumstances than at the time of this expedition. And by Allah, I had never before possessed two riding-camels as I did during the time of this expedition. Whenever Messenger of Allah (PBUH) decided to go on a campaign, he would not disclose his real destination till the last moment (of departure). But on this expedition, he set out in extremely hot weather; the journey was long and the terrain was waterless desert; and he had to face a strong army, so he informed the Muslims about the actual position so that they should make full preparation for the campaign. And the Muslims who accompanied Messenger of Allah (PBUH) at that time were in large number but no proper record of them was maintained." Ka'b (further) said: "Few were the persons who chose to remain absent believing that they could easily hide themselves (and thus remain undetected) unless Revelation from Allah, the Exalted, and Glorious (revealed relating to them). And Messenger of Allah (PBUH) set out on this expedition when the fruit were ripe and their shade was sought. I had a weakness for them and it was during this season that Messenger of Allah (PBUH) and the Muslims made preparations. I also would set out in the morning to make preparations along with them but would come back having done nothing and said to myself: 'I have means enough (to make preparations) as soon as I like'. And I went on doing this (postponing my preparations) till the time of departure came and it was in the morning that Messenger of Allah (PBUH) set out along with the Muslims, but I had made no preparations. I would go early in the morning and come back, but with no decision. I went on doing so until they (the Muslims) hastened and covered a good deal of distance. Then I wished to march on and join them. Would that I had done that! But perhaps it was not destined for me. After the departure of Messenger of Allah (PBUH) whenever I went out, I was grieved to find no good example to follow but confirmed hypocrites or weak people whom Allah had exempted (from marching forth for Jihad). Messenger of Allah (PBUH) made no mention of me until he reached Tabuk. While he was sitting with the people in Tabuk, he said, 'What happened to Ka'b bin Malik?' A person from Banu Salimah said: "O Messenger of Allah, the (beauty) of his cloak and an appreciation of his finery have detained him.' Upon this Mu'adh bin Jabal (MatAllah be pleased with him) admonished him and said to Messenger of Allah (PBUH): "By Allah, we know nothing about him but good.' Messenger of Allah (PBUH), however, kept quiet. At that time he (the Prophet (PBUH)) saw a person dressed in white and said, 'Be Abu Khaithamah.' And was Abu Khaithamah Al- Ansari was the person who had contributed a Sa' of dates and was ridiculed by the hypocrites." Ka'b bin Malik further said: "When the news reached me that Messenger of Allah (PBUH) was on his way back from Tabuk, I was greatly distressed. I thought of fabricating an excuse and asked myself how I would save myself from his anger the next day. In this connection, I sought the counsels of every prudent member of my family. When I was told that Messenger of Allah (PBUH) was about to arrive, all the wicked ideas vanished (from my mind) and I came to the conclusion that nothing but the truth could save me. So I decided to tell him the truth. It was in the morning that Messenger of Allah (PBUH) arrived in Al-Madinah. It was his habit that whenever he came back from a journey, he would first go to the mosque and perform two Rak'ah (of optional prayer) and would then sit with the people. When he sat, those who had remained behind him began to put forward their excuses and take an oath before him. They were more than eighty in number. Messenger of Allah (PBUH) accepted their excuses on the very face of them and accepted their allegiance and sought forgiveness for them and left their insights to Allah, until I appeared before him. I greeted him and he smiled and there was a tinge of anger in that. He then said to me, 'Come forward'. I went forward and I sat in front of him. He said to me, 'What kept you back? Could you not afford to go in for a ride?' I said, 'O Messenger of Allah, by Allah, if I were to sit before anybody else, a man of the world, I would have definitely saved myself from his anger on one pretext or the other and I have a gifted skill in argumentation, but, by Allah, I am fully aware that if I were to put forward before you a lame excuse to please you, Allah would definitely provoke your wrath upon me. In case, I speak the truth, you may be angry with me, but I hope that Allah would be pleased with me (and accept my repentance). By Allah, there is no valid excuse for me. By Allah, I never possessed so good means, and I never had such favourable conditions for me as I had when I stayed behind.' Thereupon, Messenger of Allah (PBUH) said, 'This man spoke the truth, so get up (and wait) until Allah gives a decision about you.' I left and some people of Banu Salimah followed me. They said to me, 'By Allah, we do not know that you committed a sin before. You, however, showed inability to put forward an excuse before Messenger of Allah (PBUH) like those who stayed behind him. It would have been enough for the forgiveness of your sin that Messenger of Allah (PBUH) would have sought forgiveness for you.' By Allah, they kept on reproaching me until I thought of going back to Messenger of Allah (PBUH) and retract my confession. Then I said to them, 'Has anyone else met the same fate?' They said, 'Yes, two persons have met the same fate. They made the same statement as you did and the same verdict was delivered in their case.' I asked, 'Who are they?' They said, 'Murarah bin Ar-Rabi' Al-'Amri and Hilal bin Umaiyyah Al- Waqifi.' They mentioned these two pious men who had taken part in the battle of Badr and there was an example for me in them. I was confirmed in my original resolve. Messenger of Allah (PBUH) prohibited the Muslims to talk to the three of us from amongst those who had stayed behind. The people began to avoid us and their attitude towards us changed and it seemed as if the whole atmosphere had turned against us, and it was in fact the same atmosphere of which I was fully aware and in which I had lived (for a fairly long time). We spent fifty nights in this very state and my two friends confined themselves within their houses and spent (most of their) time weeping. As I was the youngest and the strongest, I would leave my house, attend the congregational Salat, move about in the bazaars, but none would speak to me. I would come to Messenger of Allah (PBUH) as he sat amongst (people) after the Salat, greet him and would ask myself whether or not his lips moved in response to my greetings. Then I would perform Salat near him and look at him stealthily. When I finish my Salat, he would look at me and when I would cast a glance at him he would turn away his eyes from me. When the harsh treatment of the Muslims to me continued for a (considerable) length of time, I walked and I climbed upon the wall of the garden of Abu Qatadah, who was my cousin, and I had a great love for him. I greeted him but, by Allah, he did not answer to my greeting. I said to him, 'O Abu Qatadah, I adjure you in the Name of Allah, are you not aware that I love Allah and His Messenger (PBUH)?' I asked him the same question again but he remained silent. I again adjured him, whereupon he said, 'Allah and His Messenger (PBUH) know better.' My eyes were filled with tears, and I came back climbing down the wall.

As I was walking in the bazaars of Al-Madinah, a man from the Syrian peasants, who had come to sell food grains in Al-Madinah, asked people to direct him to Ka'b bin Malik. People pointed towards me. He came to me and delivered a letter from the King of Ghassan, and as I was a scribe, I read that letter whose purport was: 'It has been conveyed to us that your friend (the Prophet (PBUH)) was treating you harshly. Allah has not created you for a place where you are to be degraded and where you cannot find your right place; so come to us and we shall receive you graciously.' As I read that letter I said: 'This is too a trial,' so I put it to fire in an oven. When forty days had elapsed and Messenger of Allah (PBUH) received no Revelation, there came to me a messenger of the Messenger of Allah and said, 'Verily, Messenger of Allah (PBUH) has commanded you to keep away from your wife.' I said, 'Should I divorce her or what else should I do?' He said, 'No, but only keep away from her and don't have sexual contact with her.' The same message was sent to my companions. So, I said to my wife: 'You better go to your parents and stay there with them until Allah gives the decision in my case.' The wife of Hilal bin Umaiyyah came to Messenger of Allah (PBUH) and said: 'O Messenger of Allah, Hilal bin Umaiyyah is a senile person and has no servant. Do you disapprove if I serve him?' He said, 'No, but don't let him have any sexual contact with you.' She said, 'By Allah, he has no such desire left in him. By Allah, he has been in tears since (this calamity) struck him.' Members of my family said to me, 'You should have sought permission from Messenger of Allah (PBUH) in regard to your wife. He has allowed the wife of Hilal bin Umaiyyah to serve him.' I said, 'I would not seek permission from Messenger of Allah (PBUH) for I do not know what Messenger of Allah might say in response to that, as I am a young man'. It was in this state that I spent ten more nights and thus fifty days had passed since people boycotted us and gave up talking to us. After I had offered my Fajr prayer on the early morning of the fiftieth day of this boycott on the roof of one of our houses, and had sat in the very state which Allah described as: 'The earth seemed constrained for me despite its vastness', I heard the voice of a proclaimer from the peak of the hill Sal' shouting at the top of his voice: 'O Ka'b bin Malik, rejoice.' I fell down in prostration and came to know that there was (a message of) relief for me. Messenger of Allah (PBUH) had informed the people about the acceptance of our repentance by Allah after he had offered the Fajr prayer. So the people went on to give us glad tidings and some of them went to my companions in order to give them the glad tidings. A man spurred his horse towards me (to give the good news), and another one from the tribe of Aslam came running for the same purpose and, as he approached the mount, I received the good news which reached me before the rider did. When the one whose voice I had heard came to me to congratulate me, I took off my garments and gave them to him for the good news he brought to me. By Allah, I possessed nothing else (in the form of clothes) except these garments, at that time. Then I borrowed two garments, dressed myself and came to Messenger of Allah (PBUH) On my way, I met groups of people who greeted me for (the acceptance of) repentance and they said: 'Congratulations for acceptance of your repentance.' I reached the mosque where Messenger of Allah (PBUH) was sitting amidst people. Talhah bin 'Ubaidullah got up and rushed towards me, shook hands with me and greeted me. By Allah, no person stood up (to greet me) from amongst the Muhajirun besides him." Ka'b said that he never forgot (this good gesture of) Talhah. Ka'b further said: "I greeted Messenger of Allah (PBUH) with 'As-salamu 'alaikum' and his face was beaming with pleasure. He (PBUH) said, 'Rejoice with the best day you have ever seen since your mother gave you birth. 'I said: 'O Messenger of Allah! Is this (good news) from you or from Allah?' He said, 'No, it is from Allah.' And it was common with Messenger of Allah (PBUH) that when ever he was happy, his face would glow as if it were a part of the moon and it was from this that we recognized it (his delight). As I sat before him, I said, I have placed a condition upon myself that if Allah accepts my Taubah, I would give up all of my property in charity for the sake of Allah and His Messenger (PBUH)!' Thereupon Messenger of Allah (PBUH) said, 'Keep some property with you, as it is better for you.' I said, 'I shall keep with me that portion which is in Khaibar'. I added: 'O Messenger of Allah! Verily, Allah has granted me salvation because of my truthfulness, and therefore, repentance obliges me to speak nothing but the truth as long as I am alive." Ka'b added: "By Allah, I do not know anyone among the Muslims who has been granted truthfulness better than me since I said this to the Prophet (PBUH). By Allah! Since the time I made a pledge of this to Messenger of Allah (PBUH), I have never intended to tell a lie, and I hope that Allah would protect me (against telling lies) for the rest of my life. Allah, the Exalted, the Glorious, revealed these Verses:

'Allah has forgiven the Prophet (PBUH), the Muhajirun (Muslim Emigrants who left their homes and came to Al-Madinah) and the Ansar (Muslims of Al- Madinah) who followed him (Muhammad (PBUH)) in the time of distress (Tabuk expedition), after the hearts of a party of them had nearly deviated (from the Right Path), but He accepted their repentance. Certainly, He is unto them full of kindness, Most Merciful. And (He did forgive also) the three who did not join [the Tabuk expedition and whose case was deferred (by the Prophet (PBUH)) for Allah's Decision] till for them the earth, vast as it is, was straitened and their ownselves were straitened to them, and they perceived that there is no fleeing from Allah, and no refuge but with Him. Then, He forgave them (accepted their repentance), that they might beg for His Pardon [repent (unto Him)]. Verily, Allah is the One Who forgives and accepts repentance, Most Merciful. O you who believe! Be afraid of Allah, and be with those who are true (in word and deeds)." (9:117,118).

Ka'b said: "By Allah, since Allah guided me to Islam, there has been no blessing more significant for me than this truth of mine which I spoke to Messenger of Allah (PBUH), and if I were to tell a lie I would have been ruined as were ruined those who had told lies, for Allah described those who told lies with the worst description He ever attributed to anybody else, as He sent down the Revelation:

They will swear by Allah to you (Muslims) when you return to them, that you may turn away from them. So turn away from them. Surely, they are Rijsun [i.e., Najasun (impure) because of their evil deeds], and Hell is their dwelling place - a recompense for that which they used to earn. They (the hypocrites) swear to you (Muslims) that you may be pleased with them, but if you are pleased with them, certainly Allah is not pleased with the people who are Al- Fa'siqun (rebellious, disobedient to Allah)". (9:95,96)

Ka'b further added: "The matter of the three of us remained pending for decision apart from the case of those who had made excuses on oath before Messenger of Allah (PBUH) and he accepted those, took fresh oaths of allegiance from them and supplicated for their forgiveness. The Prophet (PBUH) kept our matter pending till Allah decided it. The three whose matter was deferred have been shown mercy. The reference here is not to our staying back from the expedition but to his delaying our matter and keeping it pending beyond the matter of those who made their excuses on oath which he accepted".

[Al- Bukhari and Muslim]

Another version adds: "Messenger of Allah (PBUH) set out for Tabuk on Thursday. He used to prefer to set out on journey on Thursday." Another version says: "Messenger of Allah (PBUH) used to come back from a journey in the early forenoon and went straight to the mosque where he would perform two Rak'ah prayer. Afterwards he would seat himself there".