`Uthman bin `Affan and I went to the Prophet and said, "You had given Banu Al-Muttalib from the Khumus of Khaibar's booty and left us in spite of the fact that we and Banu Al-Muttalib are similarly related to you." The Prophet said, "Banu Hashim and Banu Al-Muttalib only are one and the same." So the Prophet did not give anything to Banu `Abd Shams and Banu Nawfal.

Abu Dawud said: Aqra' means a snake whose hair of the head were removed on account of poison.

The Prophet said, "By Allah, he does not believe! By Allah, he does not believe! By Allah, he does not believe!" It was said, "Who is that, O Allah's Apostle?" He said, "That person whose neighbor does not feel safe from his evil."

Malik ibn AbuMaryam said: AbdurRahman ibn Ghanam entered upon us and we discussed tila' and he said: AbuMalik al-Ash'ari told me that he heard the Messenger of Allah (saws) say: Some of my people will assuredly drink wine calling it by another name.

Whenever Ibn `Umar was asked about marrying a Christian lady or a Jewess, he would say: "Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jesus is her Lord although he is just one of Allah's slaves."

Surat Bani-lsrael, Al-Kahf (The Cave), Maryam, Taha, Al-Anbiya' (The prophets) are amongst my first earnings and my old property, and (in fact) they are my old property.

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."

When the Prophet sent Mu`adh to Yemen, he said to him, "You are going to a nation from the people of the Scripture, so let the first thing to which you will invite them, be the Tauhid of Allah. If they learn that, tell them that Allah has enjoined on them, five prayers to be offered in one day and one night. And if they pray, tell them that Allah has enjoined on them Zakat of their properties and it is to be taken from the rich among them and given to the poor. And if they agree to that, then take from them Zakat but avoid the best property of the people."

The Prophet (saws) said: Hospitality extend for three days, and what goes beyond that is sadaqah (charity).

Abu Talha had the largest number of datepalms from amongst the Ansars of Medina. The dearest of his property to him was Bairuha garden which was facing the (Prophet's) Mosque. Allah's Apostle used to enter it and drink of its good fresh water. When the Holy Verse:-- 'By no means shall you attain righteousness unless you spend (in charity) of that which you love.' (3.92) was revealed, Abu Talha got up and said, "O Allah's Apostle! Allah says: By no means shall you attain righteousness unless you spend of that which you love,' and the dearest of my property to me is the Bairuha garden and I want to give it in charity in Allah's Cause, seeking to be rewarded by Allah for that. So you can spend it, O Allah's Apostle, where-ever Allah instructs you. ' Allah s Apostle said, "Good! That is a perishable (or profitable) wealth" (`Abdullah is in doubt as to which word was used.) He said, "I have heard what you have said but in my opinion you'd better give it to your kith and kin." On that Abu Talha said, "I will do so, O Allah's Apostle!" Abu Talha distributed that garden among his kith and kin and cousins.

I heard Jabir bin `Abdullah in a gathering saying, "We, the companions of Allah's Apostle assumed the state of Ihram to perform only Hajj without `Umra." Jabir added, "The Prophet arrived (at Mecca) on the fourth of Dhul-Hijja. And when we arrived (in Mecca) the Prophet ordered us to finish the state of Ihram, saying, "Finish your lhram and go to your wives (for sexual relation)." Jabir added, "The Prophet did not oblige us (to go to our wives) but he only made that legal for us. Then he heard that we were saying, "When there remains only five days between us and the Day of `Arafat he orders us to finish our Ihram by sleeping with our wives in which case we will proceed to `Arafat with our male organs dribbling with semen?' (Jabir pointed out with his hand illustrating what he was saying). Allah's Apostle stood up and said, 'You (People) know that I am the most Allah-fearing, the most truthful and the best doer of good deeds (pious) from among you. If I had not brought the Hadi with me, I would have finished my Ihram as you will do, so finish your Ihram. If I had formerly known what I came to know lately, I would not have brought the Hadi with me.' So we finished our Ihram and listened to the Prophet and obeyed him." (See Hadith No. 713, Vol. 2)

Allah's Apostle said, "Once Solomon, son of David said, '(By Allah) Tonight I will have sexual intercourse with one hundred (or ninety-nine) women each of whom will give birth to a knight who will fight in Allah's Cause.' On that a (i.e. if Allah wills) but he did not say, 'Allah willing.' Therefore only one of those women conceived and gave birth to a half-man. By Him in Whose Hands Muhammad's life is, if he had said, "Allah willing', (he would have begotten sons) all of whom would have been knights striving in Allah's Cause."

The Prophet (saws) said: A man who cupped and a man who has himself cupped broke their fast. The narrator Shayban said in his version: AbuQilabah told me that AbuAsma' ar-Rahbi told him that Thawban, the client of the Messenger of Allah (saws), told him that he heard the Prophet (saws) say this.

From his father that the Messenger of Allah (saws) said: 'Whoever purchases a date-palm after it has been pollinated then its fruits are for the one who sold it, unless the buyer made it a condition. And whoever purchases slave who has property, then his property is for the one who sold him, unless the buyer made it a condition."

[He said:] There is something on this topic from Jabir. The Hadith of Ibn 'Umar is a Hasan Sahih Hadith. Similarly, it has been reported by more than one route from Az-Zuhri, from Salim, from Ibn 'Umar, that the Prophet (saws) "Whoever purchases a date-palm after it has been pollinated, then its fruits are for seller, unless the buyer made it a condition. And whoever purchases a slave who has property, then his property is for the seller, unless the buyer made it a condition." And it has been reported from Nafi', from Ibn 'Umar, that the Prophet (saws) said: "Whoever purchases a date-palm that has been pollinated, then its fruits are for the seller, unless the buyer made it a condition."

It has been reported from Nafi', from Ibn 'Umar, from 'Umar, that he (saws) said: "Whoever sold a slave who has property, his property is for the seller, unless the buyer made it a condition." This is how the two Ahadith were reported by 'Ubaidullah bin 'Umar and others from Nafi'.

Some of them have also reported this Hadith from Nafi', from Ibn 'Umar, from the Prophet (saws).

'Ikrimah bin Khalid reported similar to the Hadith of Salim, from Ibn 'Umar, from the Prophet (saws).

This Hadith is acted upon according to some of the people of knowledge. It is the view of Ash-Shafi'i, Ahmad, and Ishaq.

Muhammad bin Isma'il said: "The Hadith of Az-Zuhri from Salim, from his father, from the Prophet (saws) is the most correct [of what has been reported on this topic]."

I heard my father who was the best man of his age, saying, "I heard `Aisha saying, 'I perfumed Allah's Apostle with my own hands before finishing his Ihram while yet he has not performed Tawaf-al- Ifada.' She spread her hands (while saying so.)"

Malik related to me from his paternal uncle, Abu Suhayl ibn Malik, that his father heard Uthman ibn Affan say in a khutba, "Do not oblige the slave-girl to earn money unless she has a skill. When you oblige her to do that, she will earn money by prostitution. Do not oblige the child to earn money. If he does not find it, he will steal. Have integrity since Allah has integrity with you, and you must feed them good food."

Malik said, "A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must give his partners their shares so the slave is completely free."

Malik commented, "If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it."

AbuImran said: We went out on an expedition from Medina with the intention of (attacking) Constantinople. AbdurRahman ibn Khalid ibn al-Walid was the leader of the company. The Romans were just keeping their backs to the walls of the city. A man (suddenly) attacked the enemy.

Thereupon the people said: Stop! Stop! There is no god but Allah. He is putting himself into danger.

AbuAyyub said: This verse was revealed about us, the group of the Ansar (the Helpers). When Allah helped His Prophet (saws) and gave Islam dominance, we said (i.e. thought): Come on! Let us stay in our property and improve it.

Thereupon Allah, the Exalted, revealed, "And spend of your substance in the cause of Allah, and make not your hands contribute to (your destruction)". To put oneself into danger means that we stay in our property and commit ourselves to its improvement, and abandon fighting (i.e. jihad).

AbuImran said: AbuAyyub continued to strive in the cause of Allah until he (died and) was buried in Constantinople.

The Prophet said, "You should not say, 'Feed your lord (Rabbaka), help your lord in performing ablution, or give water to your lord, but should say, 'my master (e.g. Feed your master instead of lord etc.) (Saiyidi), or my guardian (Maulai), and one should not say, my slave (Abdi), or my girl-slave (Amati), but should say, my lad (Fatai), my lass (Fatati), and 'my boy (Ghulami).

Malik said, "When a man owes money to another man and he asks him to let it stay with him as a quirad, that is disapproved of until the creditor receives his property. Then he can make it a qirad loan or keep it. That is because the debtor may be in a tight situation, and want to delay it to increase it for him."

Malik spoke about an investor who made a qirad loan to a man, and some of the principal was lost before he used it, and then he used it and made a profit. The agent wanted to make the principal the remainder of the money after what was lost from it. Malik said, "His statement is not accepted, and the principal is made up to its original amount from his profit. Then they divide what remains after the principal has been repaid according to the conditions of the qirad."

Malik said, "Qirad loan is only good in gold or silver coin and it is never permitted in any kind of wares or goods or articles."

Malik said, "There are certain transactions which if a long span of time passes after the transaction takes place, its revocation becomes unacceptable. As for usury, there is never anything except its rejection whether it is a little or a lot. What is permitted in other than it is not permitted in it because Allah, the Blessed and the Exalted, said in His Book, 'If you repent, you have your capital back, not wronging and not wronged. ' "

32.4 Conditions Permitted in Qirad

Yahya related to me from Malik from Yahya ibn Said from Ismail ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his property in the bayt al-mal."

'Abdur-Rahman bin Mahdi said: "Salm bin Zarin" but that is an error, "Zarir" is more correct, and Abu Sa'd As-San'ani's (a narrator in this chain) name is Muhammad bin Muyassir.