Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his father heard Talha ibn Ubaydullah say, "Once one of the people of Najd came to the Messenger of Allah, may Allah bless him and grant him peace. He had dishevelled hair and although his voice could be heard we could not make out what he was saying until he drew nearer and then we found he was asking about Islam. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'There are five prayers during the day and the night.' He said, 'Do I have to do anything else besides that?' The Messenger of Allah, may Allah bless him and grant him peace, added, 'And fasting the month of Ramadan.' He said, 'Is there anything else I have to do?' He said, 'No, except what you do of your own accord.' The Messenger of Allah, may Allah bless him and grant him peace, mentioned zakat. The man said, 'Is there anything else that I have to do?' He said, 'No, except what you do of your own accord.'

He continued, "The man went away saying, 'By Allah, I won't do any more than this, nor will I do any less.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'That man will be successful, if he is telling the truth.'

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf telling him not to disagree with Abdullah ibn Umar about anything to do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar went to him just after noon, and I went with him. He called out to him outside his tent, 'Where is this man?' and a-lHajjaj came out to him, wearing a blanket dyed with safflower, and said to him, 'What's up with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.' Al-Hajjaj said, 'Wait until I have poured some water over myself, and then I will come out.' So Abdullah dismounted and waited until al- Hajjaj came out. He passed between me and my father and I said to him, 'If you want to accord with the sunna today, then make the khutba short, do not delay the prayer and do the prayer quickly.' Then he began looking at Abdullah ibn Umar to see if he would say the same thing, and when Abdullah saw that, he said, 'What Salim is saying is true.' "

20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and the Jumua at Mina and Arafa

A man from Najd with unkempt hair came to Allah's Apostle and we heard his loud voice but could not understand what he was saying, till he came near and then we came to know that he was asking about Islam. Allah's Apostle said, "You have to offer prayers perfectly five times in a day and night (24 hours)." The man asked, "Is there any more (praying)?" Allah's Apostle replied, "No, but if you want to offer the Nawafil prayers (you can)." Allah's Apostle further said to him: "You have to observe fasts during the month of Ramadan." The man asked, "Is there any more fasting?" Allah's Apostle replied, "No, but if you want to observe the Nawafil fasts (you can.)" Then Allah's Apostle further said to him, "You have to pay the Zakat (obligatory charity)." The man asked, "Is there any thing other than the Zakat for me to pay?" Allah's Apostle replied, "No, unless you want to give alms of your own." And then that man retreated saying, "By Allah! I will neither do less nor more than this." Allah's Apostle said, "If what he said is true, then he will be successful (i.e. he will be granted Paradise)."

AbuMisbah al-Muqra'i said: We used to sit in the company of AbuZuhayr an-Numayri. He was a companion of the Prophet (saws), and he used to narrate good traditions. Once a man from among us made a supplication. He said: End it with the utterance of Amin, for Amin is like a seal on the book.

AbuZuhayr said: I shall tell you about that. We went out with the Messenger of Allah (saws) one night and came upon a man who made supplication with persistence. The Prophet (saws) waited to hear him. The Prophet (saws) said: He will have done something which guarantees (Paradise for him) if he puts a seal to it. One of the people asked: What should he use as a seal? He replied: Amin, for if he ends it with Amin, he will do something which guarantees (Paradise for him).

Then the man who questioned the Prophet (saws) came to the man who was supplicating, and said to him: So-and-so, end it with Amin and receive the good news. These are the words of Mahmud.

Abu Dawud said: Al-Muqra'i is a clan of Himyar.

Ziyad ibn Ilaqah said: Al-Mughirah ibn Shu'bah led us in prayer and he stood up at the end of two rak'ahs. We said: Glory be to Allah; he also said: Glory be to Allah, and he proceeded. When he finished the prayer and gave the salutation, he made two prostrations of forgetfulness. When he turned (to us) he said: I saw the Messenger of Allah (saws) doing so as I did.

Abu Dawud said: Ibn Abi Laila narrated this tradition in a similar manner from al-Shaibi from al-Mughirah b. Shu'bah. Abu 'Umais narrated it from Thabit b. 'Ubaid saying: "Al-Mughirah b. Shu'bah led us in prayer, like the tradition reported by Ziyad b. 'Illaqah.

Abu Dawud said: Abu 'Umais is the brother of al-Mas'udi. And Sa'd b. Abi Waqqas did the same as done by al-Mughirah, 'Imran b. Husain, Dahhak b. Qais and Mu'awiyah b. Abi Sufyan. Ibn 'Abbas and 'Umar b. 'Abd al-'Aziz issued legel verdict to the same effect.

Abu Dawud said: This applies to a person who stands up at the end of two rak'ahs and males prostration after giving the salutation.

"The Prophet (saws) sent two armies, place 'Ali bin Abi Talib as the commanded of one of them, and Khalid bin Al-Walid over the other. He said: 'Where there is fighting, then 'Ali (is in command).'" He said: "So 'Ali conquered a fortress and took a slave girl. Khalid [bin Al-Walid] wrote a letter and sent me with it to the Prophet (saws), to speak against him for it. So I arrived to the Prophet (saws) to read the letter. The color of his face changed, the he said: 'What do you think about a man who loves Allah and His Messenger, and Allah and His Messenger love him?'" He said: "I said: 'I seek refuge from angering Allah and angering His Messenger, I am only the Messenger.' So he was silent.

[Abu 'Eisa said:] There is something about this from Ibn 'Umar. This Hadith is Hasan Gharib, we do not know of it except from the narration of Al-Ahwas bin Jawwab. And his saying: "To speak against him for that." refers to An-Namimah.

`Ali demanded the hand of the daughter of Abu Jahl. Fatima heard of this and went to Allah's Apostle saying, "Your people think that you do not become angry for the sake of your daughters as `Ali is now going to marry the daughter of Abu Jahl. "On that Allah's Apostle got up and after his recitation of Tashah-hud. I heard him saying, "Then after! I married one of my daughters to Abu Al-`As bin Al- Rabi` (the husband of Zainab, the daughter of the Prophet ) before Islam and he proved truthful in whatever he said to me. No doubt, Fatima is a part of me, I hate to see her being troubled. By Allah, the daughter of Allah's Apostle and the daughter of Allah's Enemy cannot be the wives of one man." So `Ali gave up that engagement. 'Al-Miswar further said: I heard the Prophet talking and he mentioned a son-in-law of his belonging to the tribe of Bani `Abd-Shams. He highly praised him concerning that relationship and said (whenever) he spoke to me, he spoke the truth, and whenever he promised me, he fulfilled his promise."

I went to Sham and offered a two-rak`at prayer and then said, "O Allah! Bless me with a good pious companion." So I went to some people and sat with them. An old man came and sat by my side. I asked, "Who is he?" They replied, "(He is) Abu-Ad-Darda.' I said (to him), "I prayed to Allah to bless me with a pious companion and He sent you to me." He asked me, "From where are you?" I replied, "From the people of Al-Kufa." He said, "Isn't there amongst you Ibn Um `Abd, the one who used to carry the shoes, the cushion(or pillow) and the water for ablution? Is there amongst you the one whom Allah gave Refuge from Satan through the request of His Prophet. Is there amongst you the one who keeps the secrets of the Prophet which nobody knows except him?" Abu Darda further asked, "How does `Abdullah (bin Mas`ud) recite the Sura starting with, 'By the Night as it conceals (the light)." (92.1) Then I recited before him: 'By the Night as it envelops: And by the Day as it appears in brightness; And by male and female.' (91.1-3) On this Abu Ad-Darda' said, "By Allah, the Prophet made me recite the Sura in this way while I was listening to him (reciting it).

When Abu Bakr; sent me to (collect the Zakat from) Bahrain, he wrote to me the following:-- (In the name of Allah, the Beneficent, the Merciful). These are the orders for compulsory charity (Zakat) which Allah's Apostle had made obligatory for every Muslim, and which Allah had ordered His Apostle to observe: Whoever amongst the Muslims is asked to pay Zakat accordingly, he should pay it (to the Zakat collector) and whoever is asked more than that (what is specified in this script) he should not pay it; for twenty-four camels or less, sheep are to be paid as Zakat; for every five camels one sheep is to be paid, and if there are between twenty-five to thirty-five camels, one Bint Makhad is to be paid; and if they are between thirty-six to forty-five (camels), one Bint Labun is to be paid; and if they are between forty-six to sixty (camels), one Hiqqa is to be paid; and if the number is between sixty-one to seventy-five (camels), one Jadha is to be paid; and if the number is between seventy-six to ninety (camels), two Bint Labuns are to be paid; and if they are from ninety-one to one-hundredand twenty (camels), two Hiqqas are to be paid; and if they are over one-hundred and-twenty (camels), for every forty (over one-hundred-and-twenty) one Bint Labun is to be paid, and for every fifty camels (over one-hundred-and-twenty) one Hiqqa is to be paid; and who ever has got only four camels, has to pay nothing as Zakat, but if the owner of these four camels wants to give something, he can. If the number of camels increases to five, the owner has to pay one sheep as Zakat. As regards the Zakat for the (flock) of sheep; if they are between forty and one-hundred-and-twenty sheep, one sheep is to be paid; and if they are between one-hundred-and-twenty to two hundred (sheep), two sheep are to be paid; and if they are between two-hundred to three-hundred (sheep), three sheep are to be paid; and for over three-hundred sheep, for every extra hundred sheep, one sheep is to be paid as Zakat. And if somebody has got less than forty sheep, no Zakat is required, but if he wants to give, he can. For silver the Zakat is one-fortieth of the lot (i.e. 2.5%), and if its value is less than two-hundred Dirhams, Zakat is not required, but if the owner wants to pay he can.'

"The Messenger of Allah (saws) entered Makkah, and his standard was white."

[Abu 'Eisa said:] This Hadith is Gharib, we do know of it except as a narration of Yayha bin Adam from Sharik. He said: I asked Muhammad about this Hadith, but he did not know it except as a narration of Yahya bin Adam from Sharik, he said: "More than one narrator has narrated to us from Sharik from 'Ammar bin Abu Az-Zubair from Jabir: 'The Prophet (saws) entered Makkah and he was wearing a black 'Imamah.'"

Muhammad said: "This is the Hadith."

[Abu 'Eisa said:] Duhn is a branch of Bajilah (the tribe), and 'Ammar ad-Duhni (one of the narrators) is 'Ammar bin Mu'awiyah Ad-Duhni, and his kunyah is Abu Mu'awiyah, he is from Al-Kufah, and he is trustworthy according to the people of Hadith.

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is ...

The Prophet (saws) asked AbuBakr: When do you observe the witr?

He replied: I observe the witr prayer in the early hours of the night.

The Prophet (saws) asked Umar: When do you observe the witr?

He replied: At the end of the night.

He then said to AbuBakr: This has followed it with care; and he said to Umar: He has followed it with strength.

Regarding the Verse: "And among men is he who worships Allah's as it were on the very edge." (22.11). A man used to come to Medina as if his wife brought a son and his mares produces offspring. He would say, "This religion (Islam) is good," but if his wife did not give birth to a child and his mares produced no offspring, he would say, "This religion is bad."

"The Messenger of Allah (saws) prohibited that a man should put on sandals while he is standing."

[Abu 'Eisa said:] This Hadith is Gharib. Muhammad bin Isma'il said: "This Hadith is not correct, not the Hadith of Ma'mar from 'Ammar bin Abi 'Ammar, from Abu Hurairah (no.1775)."

[Abu 'Eisa said:] This chain of this Hadith is not strong. It has been reported as a saying of 'Ali and it has been reported from Sharik bin Hanbal from the Prophet (saws) in Mursal form. Muhammad said: "Al-Jarrah bin Malih (one of the narratos) is truthful, and Al-Jarrah bin Ad-Dahhak is Muqarib (average) in Hadith.

"I entered upon Abu Musa while he was eating chicken, and he said: 'Sit and eat, for indeed I saw the Messenger of Allah (saws) eating it.'"

[Abu 'Eisa said:] This Hadith is Hasan. This Hadith has been reported through other routes from Zahdam, and we do not know of it except as the narration of Zahdam. (One of the narrators) Abu Al-'Awwam is 'Imran Al-Qattan.

From his father, from his grandfather that he said: "I ate bustard meat with the Messenger of Allah (saws)."

[Abu 'Eisa said:] This Hadith is Gharib, we do not know of it except from this route. Ibn Abi Fudaik reported from Ibrahim bin 'Umar bin Safinah and he has been called Buraih bin 'Umar bin Safinah.

That the Messenger of Allah (saws) said: "Whoever spends the night with [a smell] on his hand and something happens to him, then let him not blame anyone but himself."

[Abu 'Eisa said:] This Hadith is Hasan Gharib, we do not know of it as a narration of Al-'Amash except through this route.

That the Messenger of Allah (saws) said: "Indeed Allah loves tolerance in selling, tolerance in buying, and tolerance in repaying."

He said: There is something on this topic from Jabir.

[Abu 'Eisa said:] This Hadith is Gharib. Some of them reported this Hadith from Yunus, from Sa'eed Al-Maqburi, from Abu Hurairah.

"Indeed we saw the day of Hunain, and indeed the two armies fled from the Messenger of Allah (saws), and there did not remain one hundred men with the Messenger of Allah (saws)."

[Abu 'Eisa said:] This Hadith is Hasan Gharib as a narration of 'Ubaidullah. We do not know of it except from this route.

The Messenger of Allah (saws) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (saws).

I rode hurriedly to the Holy Prophet (saws) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle.

When Banu al-Anbar arrived, the Holy Prophet (saws) said to me: Have you any evidence that you had embraced Islam before you were captured today?

I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Holy Prophet (saws) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle.

The Holy Prophet (saws) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope.

Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Holy Prophet (saws) and informed him.

He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Holy Prophet (saws) looked at us standing there. He asked: What do you intend (doing) with your captive?

I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her.

He said: Prophet of Allah (saws), I no longer have it.

He said: The Holy Prophet (saws) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to ...

Once I went out at night and found Allah's Apostle walking all alone accompanied by nobody, and I thought that perhaps he disliked that someone should accompany him. So I walked in the shade, away from the moonlight, but the Prophet looked behind and saw me and said, "Who is that?" I replied, "Abu Dhar, let Allah get me sacrificed for you!" He said, "O Abu Dhar, come here!" So I accompanied him for a while and then he said, "The rich are in fact the poor (little rewarded) on the Day of Resurrection except him whom Allah gives wealth which he gives (in charity) to his right, left, front and back, and does good deeds with it. I walked with him a little longer. Then he said to me, "Sit down here." So he made me sit in an open space surrounded by rocks, and said to me, "Sit here till I come back to you." He went towards Al-Harra till I could not see him, and he stayed away for a long period, and then I heard him saying, while he was coming, "Even if he had committed theft, and even if he had committed illegal sexual intercourse?" When he came, I could not remain patient and asked him, "O Allah's Prophet! Let Allah get me sacrificed for you! Whom were you speaking to by the side of Al-Harra? I did not hear anybody responding to your talk." He said, "It was Gabriel who appeared to me beside Al-Harra and said, 'Give the good news to your followers that whoever dies without having worshipped anything besides Allah, will enter Paradise.' I said, 'O Gabriel! Even if he had committed theft or committed illegal sexual intercourse?' He said, 'Yes.' I said, 'Even if he has committed theft or committed illegal sexual intercourse?' He said, 'Yes.' I said, 'Even if he has committed theft or committed illegal sexual intercourse?' He said, 'Yes.' "

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on ...

Husayn ibn al-Harith al-Jadli from the tribe of Jadilah Qays said: The governor of Mecca delivered a speech and said: The Messenger of Allah (saws) took a pledge from us that we should perform the rites of hajj after sighting the moon. If we do not sight it and two reliable persons bear witness, we should perform the rites of hajj on the basis of their witness.

I then asked al-Husayn ibn al-Harith: Who was the governor of Mecca? He replied: I do not know. He then met me later on and told me: He was al-Harith ibn Hatib, brother of Muhammad ibn Hatib. The governor then said: There is among you a man who is more acquainted with Allah and His Apostle than I. He witnessed this from the Messenger of Allah (saws). He then pointed with his hand to a man. Al-Husayn said: I asked an old man beside me: Who is that man to whom the governor has alluded?

He said: "This is Abdullah ibn Umar, and he spoke the truth. He was more acquainted with Allah than he. He (Abdullah ibn Umar) said: For this is what the Messenger of Allah (saws) commanded us (to do).

"I would sell camels at Al-Baqi', so I would sell them for Dinar but take in place of them Dirham, and, I would sell for silver and take Dinar in its place. So I went to the Messenger of Allah (saws) and found him leaving the house of Hafsah. I asked him about that and he said: 'There is no harm in that when it (equals) the price.'"

[Abu 'Eisa said:] We do not know of this Hadith being Marfu' except from the narration of Simak bin Harb from Sa'eed bin Jubair, from Ibn 'Umar.

Dawud bin Abi Hind narrated this Hadith from Abu Sa'eed bin Jubair, from Ibn 'Umar in Mawquf form.

This is acted upon according to some of the people of knowledge. There is no harm in paying for gold with silver and silver with gold. This is the view of Ahmad and Ishaq. Some of the people of knowledge, among the Companions and others, disliked that.