That when the Ansar drew lots as to which of the emigrants should dwell with which of the Ansar, the name of `Uthman bin Mazun came out (to be in their lot). Um Al-Ala further said, "Uthman stayed with us, and we nursed him when he got sick, but he died. We shrouded him in his clothes, and Allah's Apostle came to our house and I said, (addressing the dead `Uthman), 'O Abu As-Sa'ib! May Allah be merciful to you. I testify that Allah has blessed you.' The Prophet said to me, "How do you know that Allah has blessed him?" I replied, 'I do not know O Allah's Apostle! May my parents be sacrificed for you.' Allah's Apostle said, 'As regards `Uthman, by Allah he has died and I really wish him every good, yet, by Allah, although I am Allah's Apostle, I do not know what will be done to him.' Um Al- Ala added, 'By Allah I shall never attest the piety of anybody after him. And what Allah's Apostles said made me sad." Um Al-Ala further said, "Once I slept and saw in a dream, a flowing stream for `Uthman. So I went to Allah's Apostle and told him about it, he said, 'That is (the symbol of) his deeds."

While I was sitting in the Mosque of Medina, there entered a man (Abdullah bin Salam) with signs of solemnity over his face. The people said, "He is one of the people of Paradise." He prayed two light rak`at and then left. I followed him and said, "When you entered the Mosque, the people said, 'He is one of the people of Paradise.' " He said, "By Allah, one ought not say what he does not know; and I will tell you why. In the lifetime of the Prophet I had a dream which I narrated to him. I saw as if I were in a garden." He then described its extension and greenery. He added: In its center there was an iron pillar whose lower end was fixed in the earth and the upper end was in the sky, and at its upper end there was a (ring-shaped) hand-hold. I was told to climb it. I said, "I can't." "Then a servant came to me and lifted my clothes from behind and I climbed till I reached the top (of the pillar). Then I got hold of the hand-hold, and I was told to hold it tightly, then I woke up and (the effect of) the handhold was in my hand. I narrated al I that to the Prophet who said, 'The garden is Islam, and the handhold is the Most Truth-worthy Hand-Hold. So you will remain as a Muslim till you die." The narrator added: "The man was `Abdullah bin Salam."

An Ansari woman who gave the pledge of allegiance to the Prophet that the Ansar drew lots concerning the dwelling of the Emigrants. `Uthman bin Maz'un was decided to dwell with them (i.e. Um Al-`Ala's family), `Uthman fell ill and I nursed him till he died, and we covered him with his clothes. Then the Prophet came to us and I (addressing the dead body) said, "O Abu As-Sa'ib, may Allah's Mercy be on you! I bear witness that Allah has honored you." On that the Prophet said, "How do you know that Allah has honored him?" I replied, "I do not know. May my father and my mother be sacrificed for you, O Allah's Apostle! But who else is worthy of it (if not `Uthman)?" He said, "As to him, by Allah, death has overtaken him, and I hope the best for him. By Allah, though I am the Apostle of Allah, yet I do not know what Allah will do to me," By Allah, I will never assert the piety of anyone after him. That made me sad, and when I slept I saw in a dream a flowing stream for `Uthman bin Maz'un. I went to Allah's Apostle and told him of it. He remarked, "That symbolizes his (good) deeds."

The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

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

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

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

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

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

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

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

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

We buried a deceased person in the company of the Messenger of Allah (saws). When we had finished, the Messenger of Allah (saws) returned and we also returned with him. When he approached his door, he stopped, and we saw a woman coming towards him.

He (the narrator) said: I think he recognized her. When she went away, we came to know that she was Fatimah.

The Messenger of Allah (saws) said to her: What brought you out of your house, Fatimah?

She replied: I came to the people of this house, Messenger of Allah, and I showed pity and expressed my condolences to them for their deceased relation.

The Messenger of Allah (saws) said: You might have gone to the graveyard with them.

She replied: I seek refuge in Allah! I heard you referring to what you mentioned.

He said: If you had gone to the graveyard...He then mentioned severe words about it.

I then asked Rabi'ah (a narrator of this tradition) about al-kuda (stony land). He replied: I think it means the graves.

Rifa`a Al-Qurazi divorced his wife irrevocably (i.e. that divorce was the final). Later on `Abdur- Rahman bin Az-Zubair married her after him. She came to the Prophet and said, "O Allah's Apostle! I was Rifa`a's wife and he divorced me thrice, and then I was married to `Abdur-Rahman bin AzZubair, who, by Allah has nothing with him except something like this fringe, O Allah's Apostle," showing a fringe she had taken from her covering sheet. Abu Bakr was sitting with the Prophet while Khalid Ibn Sa`id bin Al-As was sitting at the gate of the room waiting for admission. Khalid started calling Abu Bakr, "O Abu Bakr! Why don't you reprove this lady from what she is openly saying before Allah's Apostle?" Allah's Apostle did nothing except smiling, and then said (to the lady), "Perhaps you want to go back to Rifa`a? No, (it is not possible), unless and until you enjoy the sexual relation with him (`Abdur Rahman), and he enjoys the sexual relation with you."

The Prophet used to stay (for a period) in the house of Zainab bint Jahsh (one of the wives of the Prophet ) and he used to drink honey in her house. Hafsa and I decided that when the Prophet entered upon either of us, she would say, "I smell in you the bad smell of Maghafir (a bad smelling raisin). Have you eaten Maghafir?" When he entered upon one of us, she said that to him. He replied (to her), "No, but I have drunk honey in the house of Zainab bint Jahsh, and I will never drink it again." Then the following verse was revealed: 'O Prophet ! Why do you ban (for you) that which Allah has made lawful for you?. ..(up to) If you two (wives of the Prophet turn in repentance to Allah.' (66.1-4) The two were `Aisha and Hafsa And also the Statement of Allah: 'And (Remember) when the Prophet disclosed a matter in confidence to one of his wives!' (66.3) i.e., his saying, "But I have drunk honey." Hisham said: It also meant his saying, "I will not drink anymore, and I have taken an oath, so do not inform anybody of that."

Malik said, "There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night."

Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting."

"There is, however, a distinction between the marriage of someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different."

"This is the sunna as it has come down to us regarding marriage for those who are muhrim, doing itikaf, or fasting.

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

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

The daughter of the Prophet (p.b.u.h) sent (a messenger) to the Prophet requesting him to come as her child was dying (or was gasping), but the Prophet returned the messenger and told him to convey his greeting to her and say: "Whatever Allah takes is for Him and whatever He gives, is for Him, and everything with Him has a limited fixed term (in this world) and so she should be patient and hope for Allah's reward." She again sent for him, swearing that he should come. The Prophet got up, and so did Sa`d bin 'Ubada, Mu`adh bin Jabal, Ubai bin Ka`b, Zaid bin Thabit and some other men. The child was brought to Allah's Apostle while his breath was disturbed in his chest (the sub-narrator thinks that Usama added: ) as if it was a leather water-skin. On that the eyes of the Prophet (p.b.u.h) started shedding tears. Sa`d said, "O Allah's Apostle! What is this?" He replied, "It is mercy which Allah has lodged in the hearts of His slaves, and Allah is merciful only to those of His slaves who are merciful (to others).

Safiya got her menses on the night of Nafr (departure from Hajj), and she said, "I see that I will detain you." The Prophet said, "Aqra Halqa! Did she perform the Tawaf on the Day of Nahr (slaughtering)?" Somebody replied in the affirmative. He said, "Then depart." (Different narrators mentioned that) `Aisha said, "We set out with Allah''s Apostle (from Medina) with the intention of performing Hajj only. When we reached Mecca, he ordered us to finish the Ihram. When it was the night of Nafr (departure), Safiya bint Huyay got her menses. The Prophet said, "Halqa Aqra! I think that she will detain you," and added, "Did you perform the Tawaf (Al-Ifada) on the Day of Nahr (slaughtering)?" She replied, "Yes." He said, "Then depart." I said, "O Allah''s Apostle! I have not (done the Umra)." He replied, "Perform `Umra from Tan`im." My brother went with me and we came across the Prophet in the last part of the night. He said, "Wait at such and such a place."

Ghudayf ibn al-Harith reported: I asked Aisha: Have you seen the Messenger of Allah (saws) washing (because of defilement) at the beginning of the night or at the end?

She replied: Sometimes he would take a bath at the beginning of the night and sometimes at the end.

Thereupon I exclaimed: Allah is most Great. All Praise be to Allah Who made this matter accommodative.

I again asked her: What do you think, did the Messenger of Allah (saws) say the witr prayer (additional prayer after obligatory prayer at night) in the beginning of the night or at the end?

She replied: Sometimes he would say the witr prayer at the beginning of the night and sometimes at the end.

I exclaimed: Allah is most Great. All praise be to Allah Who made the matter accommodative.

Again I asked her: What do you think, did the Messenger of Allah (saws) recite the Qur'an (in the prayer) loudly or softly?

She replied: Sometimes he would recite loudly and sometimes softly.

I exclaimed: Allah is most Great. All praise be to Allah Who made the matter flexible.

A man came to the Prophet (saws) and said: I have found a woman of rank and beauty, but she does not give birth to children. Should I marry her? He said: No. He came again to him, but he prohibited him. He came to him third time, and he (the Prophet) said: Marry women who are loving and very prolific, for I shall outnumber the peoples by you.

Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf from Abu Hurayra that a woman from the Hudhayl tribe threw a stone at a woman from the same tribe, and she had a miscarriage. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that a slave or slave-girl of fair complexion and excellence should be given to her.

When I got married, Allah's Apostle said to me, "What type of lady have you married?" I replied, "I have married a matron' He said, "Why, don't you have a liking for the virgins and for fondling them?" Jabir also said: Allah's Apostle said, "Why didn't you marry a young girl so that you might play with her and she with you?'

Some lady said, "O Allah's Apostle! My husband has another wife, so it is sinful of me to claim that he has given me what he has not given me (in order to tease her)?" Allah's Apostle said, The one who pretends that he has been given what he has not been given, is just like the (false) one who wears two garments of falsehood."

That Allah's Apostle said to her, "I know when you are pleased with me or angry with me." I said, "Whence do you know that?" He said, "When you are pleased with me, you say, 'No, by the Lord of Muhammad,' but when you are angry with me, then you say, 'No, by the Lord of Abraham.' " Thereupon I said, "Yes (you are right), but by Allah, O Allah's Apostle, I leave nothing but your name."

I asked Az-Zuhri, "Which of the wives of the Prophet sought refuge with Allah from him?" He said "I was told by 'Urwa that `Aisha said, 'When the daughter of Al-Jaun was brought to Allah's Apostle (as his bride) and he went near her, she said, "I seek refuge with Allah from you." He said, "You have sought refuge with The Great; return to your family."

The wife of Rifa`a Al-Qurazi came to Allah's Apostle and said, "O Allah's Apostle! Rifa`a divorced me irrevocably. After him I married `Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Apostle said to her, "Perhaps you want to return to Rifa`a? Nay (you cannot return to Rifa`a) until you and `Abdur-Rahman consummate your marriage."

that a slave girl of theirs used to shepherd some sheep at Si'a (a mountain near Medina). On seeing one of her sheep dying, she broke a stone and slaughtered it. Ka`b said to his family, "Do not eat (of it) till I go to the Prophet and ask him, or, till I send someone to ask him." So he went to the Prophet or sent someone to him The Prophet permitted (them) to eat it.

Allah's Apostle said, "Surely! Everyone of you is a guardian and is responsible for his charges: The Imam (ruler) of the people is a guardian and is responsible for his subjects; a man is the guardian of his family (household) and is responsible for his subjects; a woman is the guardian of her husband's home and of his children and is responsible for them; and the slave of a man is a guardian of his master's property and is responsible for it. Surely, everyone of you is a guardian and responsible for his charges."

Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from his father that Umar ibn al- Khattab was asked about a woman and her daughter who were in the possession of the right hand, and whether one could have intercourse with one of them after the other Umar said, "I dislike both being permitted together." He then forbade that.

Allah's Apostle came to us when his daughter died and said, "Wash her thrice or five times or more, if you see it necessary, with water and Sidr and then apply camphor or some camphor at the end; and when you finish, notify me." So when we finished it, we informed him and he gave us his waist-sheet and told us to shroud the dead body in it.

We were (in the funeral procession) of one of the daughters of the Prophet and he was sitting by the side of the grave. I saw his eyes shedding tears. He said, "Is there anyone among you who did not have sexual relations with his wife last night?" Abu Talha replied in the affirmative. And so the Prophet told him to get down in the grave. And so he got down in her grave.

The Prophet prayed the eclipse prayer, and then said, "Hell was displayed so close that I said, 'O my Lord ! Am I going to be one of its inhabitants?"' Suddenly he saw a woman. I think he said, who was being scratched by a cat. He said, "What is wrong with her?" He was told, "She had imprisoned it (i.e. the cat) till it died of hunger."

The Prophet said, "May Allah be merciful to the mother of Ishmael! If she had left the water of Zamzam (fountain) as it was, (without constructing a basin for keeping the water), (or said, "If she had not taken handfuls of its water"), it would have been a flowing stream. Jurhum (an Arab tribe) came and asked her, 'May we settle at your dwelling?' She said, 'Yes, but you have no right to possess the water.' They agreed."

from Abu Salama bin `Abdur-Rahman who had a dispute with some people on a piece of land, and so he went to `Aisha and told her about it. She said, "O Abu Salama, avoid the land, for Allah's Apostle said, 'Any person who takes even a span of land unjustly, his neck shall be encircled with it down seven earths.' "

Al-Walid bin `Abdul Malik said to me, "Have you heard that `Ali' was one of those who slandered `Aisha?" I replied, "No, but two men from your people (named) Abu Salama bin `Abdur-Rahman and Abu Bakr bin `Abdur-Rahman bin Al-Harith have informed me that Aisha told them that `Ali remained silent about her case."

'I went and entered upon `Umar, his doorman, Yarfa came saying `Uthman, `Abdur-Rahman, Az- Zubair and Sa`d are asking your permission (to see you). May I admit them? `Umar said, 'Yes.' So he admitted them Then he came again and said, 'May I admit `Ali and `Abbas?' He said, 'Yes.' `Abbas said, 'O, chief of the believers! Judge between me and this man (Ali ). `Umar said, 'I beseech you by Allah by Whose permission both the heaven and the earth exist, do you know that Allah's Apostle said, 'Our (the Apostles') property will not be inherited, and whatever we leave (after our death) is to be spent in charity?' And by that Allah's Apostle meant himself.' The group said, '(No doubt), he said so.' `Umar then faced `Ali and `Abbas and said, 'Do you both know that Allah's Apostle said that?' They replied, '(No doubt), he said so.' `Umar said, 'So let me talk to you about this matter. Allah favored His Apostle with something of this Fai' (i.e. booty won by the Muslims at war without fighting) which He did not give to anybody else; Allah said:-- 'And what Allah gave to His Apostle ( Fai' Booty) .........to do all things....(59.6) And so that property was only for Allah's Apostle . Yet, by Allah, he neither gathered that property for himself nor withheld it from you, but he gave its income to you, and distributed it among you till there remained the present property out of which the Prophet used to spend the yearly maintenance for his family, and whatever used to remain, he used to spend it where Allah's property is spent (i.e. in charity etc.). Allah's Apostle followed that throughout his life. Now I beseech you by Allah, do you know all that?' They said, 'Yes.' `Umar then said to `Ali and `Abbas, 'I beseech you by Allah, do you know that?' Both of them said, 'Yes.' `Umar added, 'And when the Prophet died, Abu Bakr said, ' I am the successor of Allah's Apostle, and took charge of that property and managed it in the same way as Allah's Apostle did. Then I took charge of this property for two years during which I managed it as Allah's Apostle and Abu Bakr did. Then you both (`Ali and `Abbas) came to talk to me, bearing the same claim and presenting the same case. (O `Abbas!) You came to me asking for your share from the property of your nephew, and this man (Ali) came to me, asking for the share of h is wife from the property of her father. I said, 'If you both wish, I will give that to you on that condition (i.e. that you would follow the way of the Prophet and Abu Bakr and as I (`Umar) have done in man aging it).' Now both of you seek of me a verdict other than that? Lo! By Allah, by Whose permission both the heaven and the earth exist, I will not give any verdict other than that till the Hour is established. If you are unable to manage it, then return it to me, and I will be sufficient to manage it on your behalf.' "

The collector used to visit the water-hole when the sheep went there and say: Pay the sadaqah (zakat) on your property. The narrator said: A man wanted to give him his high-humped camel (kawma'). The narrator (Hilal) asked: What is kawma', AbuSalih? He said: A camel a high hump.

The narrator continued: He (the collector) refused to accept it. He said: I wish you could take the best of my camels. He refused to accept it. He then brought another camel lower in quality than the previous one. He refused to accept it too. He then brought another camel lower in quality than the previous one. He accepted it, saying: I shall take it, but I am afraid the Messenger of Allah (saws) might be angry with me, saying to me: You have purposely taken from a man a camel of your choice.

Abu Dawud said: This tradition has also been narrated by Hushaim from Hilal bin Khabbab to the same effect. But he said: Those which are in one flock are not to be separated.

Yahya said that he had heard Malik say, "The undisputed way of doing things in our community concerning pledges is that in cases where land or a house or an animal are known to have been destroyed whilst in the possession of the broker of the pledge, and the circumstances of the loss are known, the loss is against the pledger. There is no deduction made from what is due to the broker at all. Any pledge which perishes in the possession of the broker and the circumstances of its loss are only known by his word, the loss is against the broker and he is liable for its value. He is asked to describe whatever was destroyed and then he is made to take an oath about that description and what he loaned on security for it. "Then people of discernment evaluate the description. If the pledge was worth more than what the broker loaned, the pledger takes the extra. If the assessed value of the pledge is less than what he was loaned, the pledger is made to take an oath as to what the broker loaned and he does not have to pay the extra which the broker loaned above the assessed value of the pledge. If the pledger refuses to take an oath, he has to give the broker the extra above the assessed value of the pledge. If the broker says that he doesn't know the value of the pledge, the pledger is made to take an oath on the description of the pledge and that is his if he brings a matter which is not disapproved of."

Malik said, "All this applies when the broker takes the pledge and does not put it in the hands of another."

Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his deen - strike his neck!"

The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that "if someone changes his deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best!

Yahya related to me from Malik from Yahya ibn Said from Abd ar- Rahman ibn al-Qasim that Aslam, the mawla of Umar ibn al-Khattab informed him that he had visited Abdullah ibn Ayyash al-Makhzumi. He saw that he had some nabidh with him and he was at that moment on the way to Makka. Aslam said to him, ''Umar ibn al-Khattab loves this drink." Abdullah ibn Ayyash therefore carried a great drinking bowl and brought it to Umar ibn al-Khattab and placed it before him. Umar brought it near to him and then raised his head. Umar said, "This drink is good," so he drank some of it and then passed it to a man on his right. When Abdullah turned to go, Umar ibn al-Khattab called him and asked, "Are you the person who says that Makka is better than Madina?" Abdullah said, "I said that it was the Haram of Allah, and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah or His Haram." Then Umar repeated "Are you the person who says that Makka is better than Madina?" He replied, "I said that it was the Haram of Allah and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah and His Haram." Then Abdullah left.

That he heard is father, narating a Hadith, which he heard from the Messenger of Allah (saws) in which he stood among them, mentioning to them that Jihad in the cause of Allah and faith in Allah were the most virtuous of deeds. Then a man stood and said: "O Messenger of Allah! If I were killed in the cause of Allah, would my sins forgiven ?" So the Messenger of Allah (saws) said: "Yes, If you are killed in Allah's cause, and you are patient, seeking the reward, advancing, not fleeing." Then the Messenger of Allah (saws) said: "What was it that you said?" So he replied: "If I were killed in the cause of Allah, would my sins be removed (forgiven)?" So the Messenger of Allah (saws) said: "Yes, If you are patient, seeking the reward, advancing, not fleeing - except debt. For Jibril said that to me."

[Abu 'Eisa said:] There are narrations on this topic from Anas, Muhammad bin Jahsh, And Abu Hurairah. This Hadith is Hasan Sahih.

Some of them reported this Hadith from Sa'eed Al-Maqburi, from Abu Hurairah, from the Prophet (saws) similar to this. Yahya bin Sa'eed Al-Ansari and more than one narrator reported this from Sa'eed Al-Maqburi from 'Abdullah bin Abi Qatadah, from his fahter, from the Prophet (saws). This is more correct than the narration of Sa'eed Al-Maqburi from Abu Hurairah.

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

Al-Aswad ibn Yazid said that he entered upon Aisha and asked her about the prayer of the Messenger of Allah (saws) during the night. She said: He used to pray thirteen rak'ahs during the night. Then he began to pray eleven rak'ahs and left two rak'ahs. When he died, he would pray nine rak'ahs during the night. His last prayer during the night was witr.

A man said: Messenger of Allah, I have a slave-girl and I withdraw the penis from her (while having intercourse), and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend by it.

The Jews say that withdrawing the penis (azl) is burying the living girls on a small scale. He (the Prophet) said: The Jews told a lie. If Allah intends to create it, you cannot turn it away.

On his father's authority, said that his grandfather reported the Prophet (saws) said: When one of you marries his female servant to his slave or to his employee, he should not look at her private part below the navel and above the knees.

Abu Dawud said: The correct name is Sawwad b. Dawud al-Muzani al-Sairafi (and not Dawud b. Sawwad as mentioned in the chain). The narrator waki' misunderstood it.

A woman threw a stone at another woman and she aborted. The dispute was brought to the Messenger of Allah (saws). He gave judgment that five hundred sheep should be paid for her (unborn) child, and forbade throwing stones.

Abu Dawud said: The version of this tradition goes in this way, i.e. five hundred sheep. What is correct is one hundred sheep. Abu Dawud said: 'Abbas transmitted this tradition this way, but it is misunderstanding.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar was asked about a woman whose husband died while she was pregnant, and he said, "When she gives birth, she is free to marry." A man of the Ansar who was with him told him that Umar ibn al-Khattab had said, "Had she given birth while her husband was still on his bed, unburied, she would be free to marry."