By Allah, we did not know whether we should take off the clothes of the Messenger of Allah (saws) as we took off the clothes of our dead, or wash him while his clothes were on him. When they (the people) differed among themselves, Allah cast slumber over them until every one of them had put his chin on his chest.

Then a speaker spoke from a side of the house, and they did not know who he was: Wash the Prophet (saws) while his clothes are on him. So they stood round the Prophet (saws) and washed him while he had his shirt on him. They poured water on his shirt, and rubbed him with his shirt and not with their hands. Aisha used to say: If I had known beforehand about my affair what I found out later, none would have washed him except his wives.

Malik said, "The recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of, according to the amount of capital. That is, when he travels to do the work and the capital can support it. If he remains with his people, he does not have expenses or clothing from the capital."

Malik said, "There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both."

Malik said, "There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions."

Malik spoke about an investor making a qirad loan to a man and his slave, to be used by both. He said, "That is permitted, and there is no harm in it because the profit is property for his slave, and the profit is not for the master until he takes it from him. It is like the rest of his earnings."

Yahya said that Malik had said from Da'ud ibn al-Husayn that he heard Abu Ghatafan ibn Tarif al-Muriyi say, "Zayd ibn Thabit al-Ansari and Ibn Muti had a dispute about a house which they shared. They went to Marwan ibn al-Hakam who was the Amir of Madina. Marwan decided that Zayd ibn Thabit must take an oath on the mimbar. Zayd ibn Thabit said, 'I swear to it where I am.' Marwan said, 'No, by Allah! only in the place of sorting out claims (i.e. the mimbar).' Zayd ibn Thabit began to take an oath that his right was true, and he refused to take an oath near the mimbar. Marwan ibn al-Hakam began to wonder at that."

Malik said, "I do not think that anyone should be made to take an oath near the mimbar for less than a fourth of a dinar, and that is three dirhams."

Ibn `Abbas asked permission to visit Aisha before her death, and at that time she was in a state of agony. She then said. "I am afraid that he will praise me too much." And then it was said to her, "He is the cousin of Allah's Apostle and one of the prominent Muslims." Then she said, "Allow him to enter." (When he entered) he said, "How are you?" She replied, "I am Alright if I fear (Allah)." Ibn `Abbas said, "Allah willing, you are Alright as you are the wife of Allah's Apostle and he did not marry any virgin except you and proof of your innocence was revealed from the Heaven." Later on Ibn Az-Zubair entered after him and `Aisha said to him, "Ibn `Abbas came to me and praised me greatly, but I wish that I was a thing forgotten and out of sight."

A group of people from `Ukl (or `Uraina) tribe ----but I think he said that they were from `Ukl came to Medina and (they became ill, so) the Prophet ordered them to go to the herd of (Milch) she-camels and told them to go out and drink the camels' urine and milk (as a medicine). So they went and drank it, and when they became healthy, they killed the shepherd and drove away the camels. This news reached the Prophet early in the morning, so he sent (some) men in their pursuit and they were captured and brought to the Prophet before midday. He ordered to cut off their hands and legs and their eyes to be branded with heated iron pieces and they were thrown at Al-Harra, and when they asked for water to drink, they were not given water. (Abu Qilaba said, "Those were the people who committed theft and murder and reverted to disbelief after being believers (Muslims), and fought against Allah and His Apostle").

'Abdur Rahman bin 'Abdul Qari said,

"I went out in the company of 'Umar bin Al-Khattab one night in Ramadan to the mosque and found the people praying in different groups. A man praying alone or a man praying with a little group behind him. So, 'Umar said, 'In my opinion I would better collect these (people) under the leadership of one Qari (Reciter) (i.e. let them pray in congregation!)'. So, he made up his mind to congregate them behind Ubai bin Ka'b. Then on another night I went again in his company and the people were praying behind their reciter. On that, 'Umar remarked, 'What an excellent Bid'a (i.e. innovation in religion) this is; but the prayer which they do not perform, but sleep at its time is better than the one they are offering.' He meant the prayer in the last part of the night. (In those days) people used to pray in the early part of the night."

`Ata' told me that he had heard Jabir bin `Abdullah saying, "The Prophet stood up to offer the prayer of the `Id ul Fitr. He first offered the prayer and then delivered the Khutba. After finishing it he got down (from the pulpit) and went towards the women and advised them while he was leaning on Bilal's hand. Bilal was spreading out his garment where the women were putting their alms." I asked `Ata' whether it was the Zakat of `Id ul Fitr. He said, "No, it was just alms given at that time. Some lady put her finger ring and the others would do the same." I said, (to `Ata'), "Do you think that it is incumbent upon the Imam to give advice to the women (on `Id day)?" He said, "No doubt, it is incumbent upon the Imams to do so and why should they not do so?"

That he fought in a Ghazwa towards Najd along with Allah's Apostle and when Allah's Apostle returned, he too, returned along with him. The time of the afternoon nap overtook them when they were in a valley full of thorny trees. Allah's Apostle dismounted and the people dispersed amongst the thorny trees, seeking the shade of the trees. Allah's Apostle took shelter under a Samura tree and hung his sword on it. We slept for a while when Allah's Apostle suddenly called us, and we went to him, to find a bedouin sitting with him. Allah's Apostle said, "This (bedouin) took my sword out of its sheath while I was asleep. When I woke up, the naked sword was in his hand and he said to me, 'Who can save you from me?, I replied, 'Allah.' Now here he is sitting." Allah's Apostle did not punish him (for that).

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Humayda bint Abi Ubayda ibn Farwa that her maternal aunt Kabsha bint Kab ibn Malik, who was the wife of the son of Abu Qatada al-Ansari, told her that once Abu Qatada was visiting her and she poured out some water for him to do wudu with. Just then a cat came to drink from it, so he tilted the vessel towards it to let it drink. Kabsha continued, "He saw me looking at him and said, 'Are you surprised, daughter of my brother?' I said, 'Yes.' He replied that the Messenger of Allah, may Allah bless him and grant him peace, said, cats are not impure. They intermingle with you .' "

Yahya said that Malik said, "There is no harm in that unless one sees impurities on the cat's mouth."

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

Yahya said that he heard Malik say, "What I have heard from the people of knowledge is that if a man succumbs to an illness which makes fasting very difficult for him and exhausts him and wears him out, he can break his fast. This is the same as with a sick man in the prayer, who finds standing to be too difficult and exhausting, (and Allah knows better than the slave that it is an excuse for him and that it really cannot be described). If the man is in such a condition he prays sitting, and the deen of Allah is ease.

Allah has permitted a traveller to break the fast when travelling, and he has more strength for fasting than a sick man. Allah, the Exalted, says in His book, 'Whoever among you is ill or on a journey (must fast) a number of other days,' and Allah has thus permitted a traveller to break his fast when on a journey, and he is more capable of fasting than a sick man.

Yahya related to me that Malik said, "Someone whose passage to the House is blocked by an enemy is freed from every restriction of ihram, and should sacrifice his animal and shave his head wherever he has been detained, and there is nothing for him to make up afterwards."

Yahya related to me from Malik that he had heard that when the Messenger of Allah, may Allah bless him and grant him peace, and his companions came out of ihram at al-Hudaybiya they sacrificed their sacrificial animals and shaved their heads, and were freed from all the restrictions of ihram without having done tawaf of the House and without their sacrificial animals reaching the Kaba.

There is nothing known about the Messenger of Allah, may Allah bless him and grant him peace, ever telling any of his companions, or anybody else that was with him, to make up for anything they had missed or to go back to doing anything they had not finished doing.

Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi said, "I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question Abdullah ibn Umar and I went with him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from which she was unable to go on.'~

Yahya said that he had heard Malik say, "I think that she must sacrifice an animal."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar- Rahman said the same as Abdullah ibn Umar.

A person asked `Abdullah bin Zaid who was the grandfather of `Amr bin Yahya, "Can you show me how Allah's Apostle used to perform ablution?" `Abdullah bin Zaid replied in the affirmative and asked for water. He poured it on his hands and washed them twice, then he rinsed his mouth thrice and washed his nose with water thrice by putting water in it and blowing it out. He washed his face thrice and after that he washed his forearms up to the elbows twice and then passed his wet hands over his head from its front to its back and vice versa (beginning from the front and taking them to the back of his head up to the nape of the neck and then brought them to the front again from where he had started) and washed his feet (up to the ankles).

(on the authority of his father) My uncle used to perform ablution extravagantly and once he asked `Abdullah bin Zaid to tell him how he had seen the Prophet performing ablution. He asked for an earthenware pot containing water, and poured water from it on his hands and washed them thrice, and then put his hand in the earthenware pot and rinsed his mouth and washed his nose by putting water in it and then blowing it out thrice with one handful of water; he again put his hand in the water and took a handful of water and washed his face thrice, then washed his hands up to the elbows twice, and took water with his hand, and passed it over his head from front to back and then from back to front, and then washed his feet (up to the ankles) and said, "I saw the Prophet performing ablution in that way."

On the 1st of Dhul-Hijja we set out with the intention of performing Hajj. Allah's Apostle said, "Any one who likes to assume the Ihram for `Umra he can do so. Had I not brought the Hadi with me, I would have assumed the Ihram for `Umra. "Some of us assumed the Ihram for `Umra while the others assumed the Ihram for Hajj. I was one of those who assumed the Ihram for `Umra. I got menses and kept on menstruating until the day of `Arafat and complained of that to the Prophet. He told me to postpone my `Umra, undo and comb my hair, and to assume the Ihram of Hajj and I did so. On the night of Hasba, he sent my brother `Abdur-Rahman bin Abi Bakr with me to at-Tan`im, where I assumed the Ihram for `Umra in lieu of the previous one. Hisham said, "For that (`Umra) no Hadi, fasting or alms were required.

Allah's Apostle prayed facing Baitul-Maqdis for sixteen or seventeen months but he loved to face the Ka`ba (at Mecca) so Allah revealed: "Verily, We have seen the turning of your face to the heaven!" (2:144) So the Prophet faced the Ka`ba and the fools amongst the people namely "the Jews" said, "What has turned them from their Qibla (Baitul-Maqdis) which they formerly observed"" (Allah revealed): "Say: 'To Allah belongs the East and the West. He guides whom he will to a straight path'." (2:142) A man prayed with the Prophet (facing the Ka`ba) and went out. He saw some of the Ansar praying the `Asr prayer with their faces towards Baitul-Maqdis, he said, "I bear witness that I prayed with Allah's Apostle facing the Ka`ba." So all the people turned their faces towards the Ka`ba.

The Prophet went out to affect a reconciliation between the tribes of Bani `Amr bin `Auf and the time of the prayer became due; Bilal went to Abu Bakr and said, "The Prophet is detained. Will you lead the people in the prayer?" Abu Bakr replied, "Yes, if you wish." So Bilal pronounced the Iqama and Abu Bakr led the prayer. In the meantime the Prophet came crossing the rows (of the praying people) till he stood in the first row and the people started clapping. Abu Bakr never looked hither and thither during the prayer but when the people clapped too much, he looked back and saw the Prophet in the (first) row. The Prophet waved him to remain at his place, but Abu Bakr raised both his hands and sent praises to Allah and then retreated and the Prophet went forward and led the prayer. (See Hadith No. 295 & 296)

A delegation of the tribe of `Abdul Qais came to the Prophet and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and the infidels of the tribe of Mudar stands between us and you; so we cannot come to you except during the Sacred Months. Please order us to do something (religious deeds) which we may carry out and also invite to it our people whom we have left behind." The Prophet said, "I order you to do four things and forbid you four others: (I order you) to have faith in Allah, and confess that none has the right to be worshipped but Allah, (and the Prophet gestured with his hand like this (i.e. one knot) and to offer prayers perfectly and to pay the Zakat, and to pay onefifth of the booty in Allah's Cause. And I forbid you to use Dubba', Hantam, Naqir and Muzaffat (all these are the names of utensils used for preparing alcoholic drinks)."

We set out with Allah's Apostle in the year of his Last Hajj and we mended (the Ihram) for `Umra. Then the Prophet said, "Whoever has a Hadi with him should assume Ihram for both Hajj and `Umra, and should not finish it till he performs both of the them (Hajj and `Umra)." When we reached Mecca, I had my menses. When we had performed our Hajj, the Prophet sent me with `Abdur-Rahman to Tan`im and I performed the `Umra. The Prophet said, "This is in lieu of your missed `Umra." Those who had assumed Ihram for `Umra performed Tawaf (between Safa and Marwa) and then finished their Ihram. And then they performed another Tawaf (between Safa and Marwa) after returning from Mina. And those who had assumed lhram for Hajj and `Umra to get her ( Hajj-Qiran ) performed only one Tawaf (between Safa and Marwa).

`Abdullah bin `Abdullah bin `Umar and his riding animal entered the house of Ibn `Umar. He (the son of Ibn `Umar) said, "I fear that this year a battle might take place between the people and you might be prevented from going to the Ka`ba. I suggest that you should stay here." Ibn `Umar said, "Once Allah's Apostle set out for the pilgrimage, and the pagans of Quraish intervened between him and the Ka`ba. So, if the people intervened between me and the Ka`ba, I would do the same as Allah's Apostle had done . . . "Verily, in Allah's Apostle you have a good example." Then he added, "I make you a witness that I have intended to perform Hajj along with `Umra." After arriving at Mecca, Ibn `Umar performed one Tawaf only (between Safa and Marwa).

Ibn `Umar used to spend the night at Dhi-Tuwa in between the two Thaniyas and then he would enter Mecca through the Thaniya which is at the higher region of Mecca, and whenever he came to Mecca for Hajj or `Umra, he never made his she camel kneel down except near the gate of the Masjid (Sacred Mosque) and then he would enter (it) and go to the Black (stone) Corner and start from there circumambulating the Ka`ba seven times: hastening in the first three rounds (Ramal) and walking in the last four. On finishing, he would offer two rak`at prayer and set out to perform Tawaf between Safa and Marwa before returning to his dwelling place. On returning (to Medina) from Hajj or `Umra, he used to make his camel kneel down at Al-Batha which is at Dhul-Hulaifa, the place where the Prophet used to make his camel kneel down.

We set out along with Allah's Apostle shortly before the appearance of the new moon (crescent) of the month of Dhi-l-Hijja and he said to us, "Whoever wants to assume Ihram for Hajj may do so; and whoever wants to assume Ihram for `Umra may do so. Hadn't I brought the Hadi (animal for sacrificing) (with me), I would have assumed Ihram for `Umra." (`Aisha added,): So some of us assumed Ihram for `Umra while the others for Hajj. I was amongst those who assumed Ihram for `Umra. The day of `Arafat approached and I was still menstruating. I complained to the Prophet (about that) and he said, "Abandon your `Umra, undo and comb your hair, and assume Ihram for Hajj;." When it was the night of Hasba, he sent `Abdur Rahman with me to at-Tan`im and I assumed Ihram for `Umra (and performed it) in lieu of my missed `Umra.

I said that I should look at the prayer of the Messenger of Allah (saws) how he prays. The Messenger of Allah (saws) stood up and faced the qiblah (i.e. the direction of Ka'bah) and uttered the takbir (Allah is most great); then he raised his hands till he brought them in front of his ears; then he caught hold of his left hand with his right hand (i.e. folded his hands).

When he was about to bow, he raised them (his hands) in a like manner. Then he sat, stretched out his left foot (to sit on it), placed his left hand on his left thigh, and kept away the tip of his right elbow from his right thigh, joined two fingers, formed a ring, to do so. And the narrator Bishr made a ring with the thumb and the middle finger.

"I said: 'O Messenger of Allah! We come across a people and they do not host us, and they do not give us our rights, and we do not take anything from them. So the Messenger of Allah (saws) said: 'If they refuse such that you can only take by force, then take.'"

[Abu 'Eisa said:] This Hadith is Hasan. It has been reported by Al-Laith bin Sa'd from Yazid bin Abi Habib as well.

This Hadith only means that they would go out for battles and they would pass a people among whom they would not find any food to buy for a price. So the Prophet (saws) told them: If they refuse to sell you, such that you have to take it forcefully, then take it. This is how the explanation has been related in some of the Ahadith. And it has been related that 'Umar bin Al-Khattab, may Allah be please with him, would order similarly.

(from his father) Abu Qatada went out (on a journey) with Allah's Apostle but he was left behind with some of his companions who were in the state of Ihram. He himself was not in the state of Ihram. They saw an opener before he could see it. When they saw the opener, they did not speak anything till Abu Qatada saw it. So, he rode over his horse called Al-Jarada and requested them to give him his lash, but they refused. So, he himself took it and then attacked the opener and slaughtered it. He ate of its meat and his companions ate, too, but they regretted their eating. When they met the Prophet (they asked him about it) and he asked, "Have you some of its meat (left) with you?" Abu Qatada replied, "Yes, we have its leg with us." So, the Prophet took and ate it.

That he proceeded in the company of Allah's Apostle towards Najd to participate in a Ghazwa. (Holybattle) When Allah's Apostle returned, he too returned with him. Midday came upon them while they were in a valley having many thorny trees. Allah's Apostle and the people dismounted and dispersed to rest in the shade of the trees. Allah's Apostle rested under a tree and hung his sword on it. We all took a nap and suddenly we heard Allah's Apostle calling us. (We woke up) to see a bedouin with him. The Prophet said, "This bedouin took out my sword while I was sleeping and when I woke up, I found the unsheathed sword in his hand and he challenged me saying, 'Who will save you from me?' I said thrice, 'Allah.' The Prophet did not punish him but sat down.

Allah's Apostle came to Mecca through its higher region on the day of the Conquest (of Mecca) riding his she-camel on which Usama was riding behind him. Bilal and `Uthman bin Talha, one of the servants of the Ka`ba, were also accompanying him till he made his camel kneel in the mosque and ordered the latter to bring the key of the Ka`ba. He opened the door of the Ka`ba and Allah's Apostle entered in the company of Usama, Bilal and `Uthman, and stayed in it for a long period. When he came out, the people rushed to it, and `Abdullah bin `Umar was the first to enter it and found Bilal standing behind the door. He asked Bilal, "Where did the Prophet offer his prayer?" He pointed to the place where he had offered his prayer. `Abdullah said, "I forgot to ask him how many rak`at he had performed."

We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' Safiya became clean from her menses then Allah's Apostle married her. Hais (i.e. an 'Arabian dish) was prepared on a small leather mat. Then the Prophet said to me, "I invite the people around you." So that was the marriage banquet of the Prophet and Safiya. Then we proceeded towards Medina, and I saw the Prophet, making for her a kind of cushion with his cloak behind him (on his camel). He then sat beside his camel and put his knee for Safiya to put her foot on, in order to ride (on the camel).

The Prophet sent Khalid bin Al-Walid to the tribe of Jadhima and Khalid invited them to Islam but they could not express themselves by saying, "Aslamna (i.e. we have embraced Islam)," but they started saying "Saba'na! Saba'na (i.e. we have come out of one religion to another)." Khalid kept on killing (some of) them and taking (some of) them as captives and gave every one of us his Captive. When there came the day then Khalid ordered that each man (i.e. Muslim soldier) should kill his captive, I said, "By Allah, I will not kill my captive, and none of my companions will kill his captive." When we reached the Prophet, we mentioned to him the whole story. On that, the Prophet raised both his hands and said twice, "O Allah! I am free from what Khalid has done."

Once `Umar (bin Al-Khattab) said to the companions of the Prophet "What do you think about this Verse:--"Does any of you wish that he should have a garden?" They replied, "Allah knows best." `Umar became angry and said, "Either say that you know or say that you do not know!" On that Ibn `Abbas said, "O chief of the believers! I have something in my mind to say about it." `Umar said, "O son of my brother! Say, and do not under estimate yourself." Ibn `Abbas said, "This Verse has been set up as an example for deeds." `Umar said, "What kind of deeds?" Ibn `Abbas said, "For deeds." `Umar said, "This is an example for a rich man who does goods out of obedience of Allah and then Allah sends him Satan whereupon he commits sins till all his good deeds are lost."

Allah's Apostle arrived at Medina with Abu Bakr, riding behind him on the same camel. Abu Bakr was an elderly man known to the people, while Allah's Apostle was a youth that was unknown. Thus, if a man met Abu Bakr, he would say, "O Abu Bakr! Who is this man in front of you?" Abu Bakr would say, "This man shows me the Way," One would think that Abu Bakr meant the road, while in fact, Abu Bakr meant the way of virtue and good. Then Abu Bakr looked behind and saw a horse-rider pursuing them. He said, "O Allah's Apostle! This is a horse-rider pursuing us." The Prophet looked behind and said, "O Allah! Cause him to fall down." So the horse threw him down and got up neighing. After that the rider, Suraqa said, "O Allah's Prophet! Order me whatever you want." The Prophet said, "Stay where you are and do not allow anybody to reach us." So, in the first part of the day Suraqa was an enemy of Allah's Prophet and in the last part of it, he was a protector. Then Allah's Apostle alighted by the side of the Al-Harra and sent a message to the Ansar, and they came to Allah's Prophet and Abu Bakr, and having greeted them, they said, "Ride (your she-camels) safe and obeyed." Allah's Apostle and Abu Bakr rode and the Ansar, carrying their arms, surrounded them. The news that Allah's Prophet had come circulated in Medina. The people came out and were eagerly looking and saying "Allah's Prophet has come! Allah's Prophet has come! So the Prophet went on till he alighted near the house of Abu Ayub. While the Prophet was speaking with the family members of Abu Ayub, `Abdullah bin Salam heard the news of his arrival while he himself was picking the dates for his family from his family garden. He hurried to the Prophet carrying the dates which he had collected for his family from the garden. He listened to Allah's Prophet and then went home. Then Allah's Prophet said, "Which is the nearest of the houses of our kith and kin?" Abu Ayub replied, "Mine, O Allah's Prophet! This is my house and this is my gate." The Prophet said, "Go and prepare a place for our midday rest." Abu Ayub said, "Get up (both of you) with Allah's Blessings." So when Allah's Prophet went into the house, `Abdullah bin Salam came and said "I testify that you (i.e. Muhammad) are Apostle of Allah and that you have come with the Truth. The Jews know well that I am their chief and the son of their chief and the most learned amongst them and the son of the most learned amongst them. So send for them (i.e. Jews) and ask them about me before they know that I have embraced Islam, for if they know that they will say about me things which are not correct." So Allah's Apostle sent for them, and they came and entered. Allah's Apostle said to them, "O (the group of) Jews! Woe to you: be afraid of Allah. By Allah except Whom none has the right to be worshipped, you people know for certain, that I am Apostle of Allah and that I have come to you with the Truth, so embrace Islam." The Jews replied, "We do not know this." So they said this to the Prophet and he repeated it thrice. Then he said, "What sort of a man is `Abdullah bin Salam amongst you?" They said, "He is our chief and the son of our chief and the most learned man, and the son of the most learned amongst us." He said, "What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, " What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, "What would you think if he should embrace Islam?" They said, "Allah forbid! He can not embrace Islam." He said, "O Ibn Salam! Come out to them." He came out and said, "O (the group of) Jews! Be afraid of Allah except Whom none has the right to be worshipped. You know for certain that he is Apostle of Allah and that he has brought a True Religion!' They said, "You tell a lie." On that Allah's Apostle turned them out.

Yahya said that Malik spoke about an investor who made a qirad loan to a man, who used it and made a profit. Then the man bought with all the profit a slave-girl and he had intercourse with her and she became pregnant by him, and so the capital decreased. Malik said, "If he has money, the price of the slave-girl is taken from his property, and the capital is restored by it. If there is something left over after the money is paid, it is divided between them according to the first qirad. If he cannot pay it, the slave-girl is sold so that the capital is restored from her price."

Malik spoke about an investor who made a qirad loan to a man, and the agent spent more than the amount of the qirad loan when buying goods with it and paid the increase from his own money. Malik said, "The investor has a choice if the goods are sold for a profit or loss or if they are not sold. If he wishes to take the goods, he takes them and pays the agent back what he put in for them. If the agent refuses, the investor is a partner for his share of the price in increase and decrease according to what the agent paid extra for them from himself."

Malik spoke about an agent who took qirad money from a man and then gave it to another man to use as a qirad without the consent of the investor. He said, "The agent is responsible for the property. If it is decreased, he is responsible for the loss. If there is profit, the investor has his stipulation of the profit, and then the agent has his stipulation of what remains of the money."

Malik spoke about an agent who exceeded and borrowed some of what he had of qirad in money and he bought goods for himself with it. Malik said, "If he has a profit, the profit is divided according to the condition between them in the qirad. If he has a loss, he is responsible for the loss."

Malik said about an investor who paid qirad money to a man, and the agent borrowed some of the cash and bought goods for himself with it, "The investor of the capital has a choice. If he wishes, he shares with him in the goods according to the qirad, and if he wishes, he frees himself of them, and takes all of the principal back from the agent. That is what is done with some one who oversteps."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

(whose narrations attest each other) Allah's Apostle set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, "Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right." By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet went on advancing till he reached the Thaniya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, "Al-Qaswa' (i.e. the she-camel's name) has become stubborn! Al-Qaswa' has become stubborn!" The Prophet said, "Al-Qaswa' has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he said, "By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them." The Prophet then rebuked the she-camel and she got up. The Prophet changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah's Apostle; of thirst. The Prophet took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa-al- Khuza`i came with some persons from his tribe Khuza`a and they were the advisers of Allah's Apostle who would keep no secret from him and were from the people of Tihama. Budail said, "I left Ka`b bin Luai and 'Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka`ba." Allah's Apostle said, "We have not come to fight anyone, but to perform the `Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the 'Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious." Budail said, "I will inform them of what you have said." So, he set off till he reached Quraish and said, "We have come from that man (i.e. Muhammad) whom we heard saying something which we will disclose to you if you should like." Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, "Relate what you heard him saying." Budail said, "I heard him saying so-and-so," relating what the Prophet had told him. `Urwa bin Mas`ud got up and said, "O people! Aren't you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Don't you know that I invited the people of `Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e. the Prophet) has offered you a reasonable proposal, you'd better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet and started talking to him. The Prophet told him almost the same as he had told Budail. Then `Urwa said, "O Muhammad! Won't you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone." Hearing that, Abu Bakr abused him and said, "Do you say we would run and leave the Prophet alone?" `Urwa said, "Who is that man?" They said, "He is Abu Bakr." `Urwa said to Abu Bakr, "By Him in Whose Hands my life is, were it not for the favor which you did to me and which I did not compensate, I would retort on you." `Urwa kept on talking to the Prophet and seizing the Prophet's beard as he was talking while Al-Mughira bin Shu`ba was standing near the head of the Prophet, holding a sword and wearing a helmet. Whenever `Urwa stretched his hand towards the beard of the Prophet, Al-Mughira would hit his hand with the handle of the sword and say (to `Urwa), "Remove your hand from the beard of Allah's Apostle." `Urwa raised his head and asked, "Who is that?" The people said, "He is Al-Mughira bin Shu`ba." `Urwa said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islam Al-Mughira was in the company of some people. He killed them and took their property and came (to Medina) to embrace Islam. The Prophet said (to him, "As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason). `Urwa then started looking at the Companions of the Prophet. By Allah, whenever Allah's Apostle spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. `Urwa returned to his people and said, "O people! By Allah, I have been to the kings and to Caesar, Khosrau and An- Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect." `Urwa added, "No doubt, he has presented to you a good reasonable offer, so please accept it." A man from the tribe of Bani Kinana said, "Allow me to go to him," and they allowed him, and when he approached the Prophet and his companions, Allah's Apostle said, "He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him." So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Ka`ba." When he returned to his people, he said, 'I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka`ba." Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad, and they allowed him, too. When he approached the Muslims, the Prophet said, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet and as he was talking, Suhail bin `Amr came. When Suhail bin `Amr came, the Prophet said, "Now the matter has become easy." Suhail said to the Prophet "Please conclude a peace treaty with us." So, the Prophet called the clerk and said to him, "Write: By the Name of Allah, the most Beneficent, the most Merciful." Suhail said, "As for 'Beneficent,' by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously." The Muslims said, "By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful." The Prophet said, "Write: By Your Name O Allah." Then he dictated, "This is the peace treaty which Muhammad, Allah's Apostle has concluded." Suhail said, "By Allah, if we knew that you are Allah's Apostle we would not prevent you from visiting the Ka`ba, and would not fight with you. So, write: "Muhammad bin `Abdullah." The Prophet said, "By Allah! I am Apostle of Allah even if you people do not believe me. Write: Muhammad bin `Abdullah." (Az-Zuhri said, "The Prophet accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform `Umra.)" The Prophet said to Suhail, "On the condition that you allow us to visit the House (i.e. Ka`ba) so that we may perform Tawaf around it." Suhail said, "By Allah, we will not (allow you this year) so as not to give chance to the 'Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet got that written. Then Suhail said, "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims said, "Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu- Jandal bin Suhail bin `Amr came from the valley of Mecca staggering with his fetters and fell down amongst the Muslims. Suhail said, "O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me." The Prophet said, "The peace treaty has not been written yet." Suhail said, "I will never allow you to keep him." The Prophet said, "Yes, do." He said, "I won't do.: Mikraz said, "We allow you (to keep him)." Abu Jandal said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don't you see how much I have suffered?" (continued...) (continuing... 1): -3.891:... ... Abu Jandal had been tortured severely for the Cause of Allah. `Umar bin Al-Khattab said, "I went to the Prophet and said, 'Aren't you truly the Apostle of Allah?' The Prophet said, 'Yes, indeed.' I said, 'Isn't our Cause just and the cause of the enemy unjust?' He said, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'I am Allah's Apostle and I do not disobey Him, and He will make me victorious.' I said, 'Didn't you tell us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did I tell you that we would visit the Ka`ba this year?' I said, 'No.' He said, 'So you will visit it and perform Tawaf around it?' " `Umar further said, "I went to Abu Bakr and said, 'O Abu Bakr! Isn't he truly Allah's Prophet?' He replied, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'Indeed, he is Allah's Apostle and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.' I said, 'Was he not telling us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did he tell you that you would go to the Ka`ba this year?' I said, 'No.' He said, "You will go to Ka`ba and perform Tawaf around it." (Az-Zuhri said, " `Umar said, 'I performed many good deeds as expiation for the improper questions I asked them.' ") When the writing of the peace treaty was concluded, Allah's Apostle said to his companions, "Get up and' slaughter your sacrifices and get your head shaved." By Allah none of them got up, and the Prophet repeated his order thrice. When none of them got up, he left them and went to Um Salama and told her of the people's attitudes towards him. Um Salama said, "O the Prophet of Allah! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head." So, the Prophet went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet ); and Allah revealed the following Divine Verses:-- "O you who believe, when the believing women come to you as emigrants examine them . . ." (60.10) `Umar then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaiya married the other. When the Prophet returned to Medina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet ), "Abide by the promise you gave us." So, the Prophet handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah's Apostle saw him he said, "This man appears to have been frightened." When he reached the Prophet he said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "O Allah's Apostle, by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them." The Prophet said, "Woe to his mother! what excellent war kindler he would be, should he only have supporters." When Abu Basir heard that he understood that the Prophet would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail got himself released from them (i.e. infidels) and joined Abu Basir. So, whenever a man from Quraish embraced Islam he would follow Abu Basir till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet would be secure. So the Prophet sent for them (i.e. Abu Basir's companions) and Allah I revealed the following Divine Verses: "And it is He Who Has withheld their hands from you and your hands From them in the midst of Mecca, After He made you the victorious over them. ... the unbelievers had pride and haughtiness, in their hearts ... the pride and haughtiness of the time of ignorance." (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad) was the Prophet of Allah and refused to write: "In the Name of Allah, the most Beneficent, the Most Merciful," and they (the mushriks) prevented them (the Muslims) from visiting the House (the Ka`bah).