That the Messenger of Allah (saws) said that Jibra'il had indeed descended upon him to say to him: "Tell them - meaning your Companions - to choose regarding the captives of Badr, between either killing them or ransoming the, so that the amount killed by them will correspond similarly to them." So they said: "Ranson, even though some of us may be killed."

There are narrations on this topic from Ibn Mas'ud, Anas, Abu Barzah, and Jubair bin Mut'im.

[Abu 'Eisa said:] This Hadith is Hasan Gharib as a narration of Ath-Thawri. We do not know of it except through the report of Za'idah.

Abu Usamah reported similar to this from Hisham, from Ibn Sirin, from 'Abidah, from 'Ali, from the Prophet (saws)

Ibn 'Awn reported it from Ibn Sirin, from 'Abidah, from 'Ali, from the Prophet (saws) in Mursal form.

Abu Dawud Al-Hafiri's ( a narrator in this chain) name is 'Umar bin Sa'd.

I heard the Messenger of Allah (saws) say: If any of you can become like the man who had a faraq of rice, he should become like him. They (the people) asked: Who is the man who had a faraq of rice with him, Messenger of Allah ? Thereupon he narrated the story of the cave when a hillock fell on them (three persons), each of them said: Mention any best work of yours. The narrator said: The third of them said: O Allah, you know that I took a hireling for a faraq of rice. When the evening came, I presented to him his due (i.e. his wages). But he refused to take it and went away. I then cultivated it until I amassed cows and their herdsmen for him. He then met me and said: Give me my dues. I said (to him): Go to those cows and their herdsmen and take them all. He went and drove them away.

Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth said (to me), "What forbids you to talk to `Uthman about his brother Al-Walid because people have talked much about him?" So I went to `Uthman and when he went out for prayer I said (to him), "I have something to say to you and it is a piece of advice for you " `Uthman said, "O man, from you." (`Umar said: I see that he said, "I seek Refuge with Allah from you.") So I left him and went to them. Then the messenger of `Uthman came and I went to him (i.e. `Uthman), `Uthman asked, "What is your advice?" I replied, "Allah sent Muhammad with the Truth, and revealed the Divine Book (i.e. Qur'an) to him; and you were amongst those who followed Allah and His Apostle, and you participated in the two migrations (to Ethiopia and to Medina) and enjoyed the company of Allah's Apostle and saw his way. No doubt, the people are talking much about Al-Walid." `Uthman said, "Did you receive your knowledge directly from Allah's Apostle ?" I said, "No, but his knowledge did reach me and it reached (even) to a virgin in her seclusion." `Uthman said, "And then Allah sent Muhammad with the Truth and I was amongst those who followed Allah and His Apostle and I believed in what ever he (i.e. the Prophet) was sent with, and participated in two migrations, as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance him. By Allah! I never disobeyed him, nor did I cheat him till Allah took him unto Him. Then I treated Abu Bakr and then `Umar similarly and then I was made Caliph. So, don't I have rights similar to theirs?" I said, "Yes." He said, "Then what are these talks reaching me from you people? Now, concerning what you mentioned about the question of Al-Walid, Allah willing, I shall deal with him according to what is right." Then he called `Ali and ordered him to flog him, and `Ali flogged him (i.e. Al-Walid) eighty lashes.

When the Messenger of Allah (saws) sat on his camel to go out on a journey, he said: "Allah is Most Great" three times. Then he said: "Glory be to Him Who has made subservient to us, for we had not the strength for it, and to our Lord do we return. O Allah, we ask Thee in this journey of ours, uprightness, piety and such deeds as are pleasing to Thee. O Allah, make easy for us this journey of ours and make its length short for us. O Allah, Thou art the Companion in the journey, and the One Who looks after the family and property in our absence." When he returned, he said these words adding: "Returning, repentant, serving and praising our Lord." The Prophet (saws) and his armies said: "Allah is Most Great" when they went up to high ground; and when armies said: "Allah is most Great" when they went up to high ground; and when they descended, they said: "Glory be to Allah." So the prayer was patterned on that.

A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (saws) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (saws) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.

When we were sitting with the Messenger of Allah (saws), he talked about periods of trial (fitnahs), mentioning many of them.

When he mentioned the one when people should stay in their houses, some asked him: Messenger of Allah, what is the trial (fitnah) of staying at home?

He replied: It will be flight and plunder. Then will come a test which is pleasant. Its murkiness is due to the fact that it is produced by a man from the people of my house, who will assert that he belongs to me, whereas he does not, for my friends are only the God-fearing. Then the people will unite under a man who will be like a hip-bone on a rib. Then there will be the little black trial which will leave none of this community without giving him a slap, and when people say that it is finished, it will be extended. During it a man will be a believer in the morning and an infidel in the evening, so that the people will be in two camps: the camp of faith which will contain no hypocrisy, and the camp of hypocrisy which will contain no faith. When that happens, expect the Antichrist (Dajjal) that day or the next.

The Prophet (saws) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed.

Sufyan said: Al-Zuhri transmitted this tradition when Mansur b. al-Mu'tamir amd Mukhawwal b. Rashid were present with him. He said to them: Take this tradition as a present to the people of Iraq.

Abu Dawud said: This tradition has been transmitted by al-Sharid b. Suwaid, Sharahbil b. Aws, 'Abd Allah b. 'Amr, 'Abd Allah b. 'Umar, Abu Ghutaif al-Kindi, and Abu Salamah b. 'Abd al-Rahman from Abu Hurairah.

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

While I was taking part in a Ghazwa. I heard `Abdullah bin Ubai (bin Abi Salul) saying. "Don't spend on those who are with Allah's Apostle, that they may disperse and go away from him. If we return (to Medina), surely, the more honorable will expel the meaner amongst them." I reported that (saying) to my uncle or to `Umar who, in his turn, informed the Prophet of it. The Prophet called me and I narrated to him the whole story. Then Allah's Apostle sent for `Abdullah bin Ubai and his companions, and they took an oath that they did not say that. So Allah's Apostle disbelieved my saying and believed his. I was distressed as I never was before. I stayed at home and my uncle said to me. "You just wanted Allah's Apostle to disbelieve your statement and hate you." So Allah revealed (the Sura beginning with) 'When the hypocrites come to you.' (63.1) The Prophet then sent for me and recited it and said, "O Zaid! Allah confirmed your statement."

We were in a Ghazwa (Sufyan once said, in an army) and a man from the emigrants kicked an Ansari man (on the buttocks with his foot). The Ansari man said, "O the Ansar! (Help!)" and the emigrant said. "O the emigrants! (Help!) Allah's Apostle heard that and said, "What is this call for, which is characteristic of the period of ignorance?" They said, "O Allah's Apostle! A man from the emigrants kicked one of the Ansar (on the buttocks with his foot)." Allah's Apostle said, "Leave it (that call) as is a detestable thing." `Abdullah bin Ubai heard that and said, 'Have the (the emigrants) done so? By Allah, if we return Medina, surely, the more honorable will expel therefrom the meaner." When this statement reached the Prophet. `Umar got up an, said, "O Allah's Apostle! Let me chop off the head of this hypocrite (`Abdullah bin Ubai)!" The Prophet said "Leave him, lest the people say that Muhammad kills his companions." The Ansar were then more in number than the emigrants when the latter came to Medina, but later on the emigrant increased.

I heard Allah's Apostle while he was standing on the pulpit, saying, "The remaining period of your stay (on the earth) in comparison to the nations before you, is like the period between the `Asr prayer and sunset. The people of the Torah were given the Torah and they acted upon it till midday, and then they were worn out and were given for their labor, one Qirat each. Then the people of the Gospel were given the Gospel and they acted upon it till the time of the `Asr prayer, and then they were worn out and were given (for their labor), one Qirat each. Then you people were given the Qur'an and you acted upon it till sunset and so you were given two Qirats each (double the reward of the previous nations)." Then the people of the Torah said, 'O our Lord! These people have done a little labor (much less than we) but have taken a greater reward.' Allah said, 'Have I withheld anything from your reward?' They said, 'No.' Then Allah said, 'That is My Favor which I bestow on whom I wish.' "

If a man saw a dream during the lifetime of the Prophet he would narrate it to the Prophet. Once I wished to see a dream and narrate it to the Prophet I was young, unmarried, and used to sleep in the Mosque during the lifetime of the Prophet. I dreamt that two angels took me and went away with me towards the (Hell) Fire which looked like a well with the inside walls built up, and had two side-walls like those of a well. There I saw some people in it whom I knew. I started saying, "I seek Refuge with Allah from the (Hell) Fire, I seek Refuge with Allah from the (Hell) Fire." Then another angel met the other two and said to me, "Do not be afraid." I narrated my dream to Hafsa who, in her turn, narrated it to the Prophet. He said, "What an excellent man `Abdullah is if he only observes the night prayer." (Salem, a sub-narrator said, "Abdullah used not to sleep at night but very little hence forward."

Yahya related to me from Malik that he had asked Ibn Shihab about the word of Allah, the Majestic, the Mighty, "O you who accept, when the call is made for the prayer on the day of jumua, make haste to the remembrance of Allah."(Sura 62 ayat 9). Ibn Shihab said, ''Umar ibn al-Khattab used to recite, 'When the call is made for the prayer on the day of jumua, go to the remembrance of Allah.' "

Malik said, "Making haste in the Book of Allah is only deed and action. Allah the Blessed, the Exalted, says 'and when he turns away, he acts in the land' (Sura 2 ayat 205), and He, the Exalted, said, 'and as for the one who comes to you acting with fear' (Sura 80 ayat 8), and He said, 'then he turned his back, and acted' (Sura 79 ayat 22),and He said, 'Your deeds are diverse' " (Sura 92 ayat 4). Malik said, "Thus making haste which Allah mentions in His Book is not running on the feet or exertion. It only means deed and actions."

Yahya related to me from Malik that Abu'z-Zubayr al-Makki said, "I saw the House deserted both after subh and asr, with no-one doing tawaf."

Malik said, "If someone does some of his circuits and then the subh or asr prayer is begun, he should pray with the imam and then complete the rest of his circuits but should not pray at all until the sun has either risen or set "

He added, "There is no harm in delaying the two rakas until after he has prayed maghrib."

Malik said, "There is no harm in someone doing a single tawaf after subh or after asr, not to do more than one group of seven circuits, and then as long as he delays the two rakas until after the sun has risen, as Umar ibn al-Khattab did, or he delays them until after the sun has set if it is after asr. Then when the sun has set he can pray them if he wants, or, if he wants, he can delay them until after he has prayed maghrib. There is no harm in that."

Yahya related to me from Malik from a reliable source of his who had heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab refused to let anyone inherit from the non-arabs except for one who was born among the arabs."

Malik said, "If a pregnant woman comes from the land of the enemy and gives birth in arab land so that he is her (an arab) child, he inherits from her if she dies, and she inherits from him if he dies, by the Book of Allah."

Malik said, "The generally agreed on way of doing things among us and the sunna in which there is no dispute, and what I saw the people of knowledge in our city doing, is that a Muslim does not inherit from a kafir by kinship, clientage (wala'), or maternal relationship, nor does he (the Muslim) overshadow any (of the kafirs) from his inheritance.

Malik said, "Similarly, someone who forgoes his inheritance when he is the chief heir does not overshadow anyone from his inheritance."

My Ansari neighbor from Bani Umaiya bin Zaid who used to live at `Awali Al-Medina and used to visit the Prophet by turns. He used to go one day and I another day. When I went I used to bring the news of that day regarding the Divine Inspiration and other things, and when he went, he used to do the same for me. Once my Ansari friend, in his turn (on returning from the Prophet), knocked violently at my door and asked if I was there." I became horrified and came out to him. He said, "Today a great thing has happened." I then went to Hafsa and saw her weeping. I asked her, "Did Allah's Apostle divorce you all?" She replied, "I do not know." Then, I entered upon the Prophet and said while standing, "Have you divorced your wives?" The Prophet replied in the negative. On that I said, "Allahu-Akbar (Allah is Greater)." (See Hadith No. 119, Vol. 3 for details)

Ibn `Abbas said, "When the ailment of the Prophet became worse, he said, 'Bring for me (writing) paper and I will write for you a statement after which you will not go astray.' But `Umar said, 'The Prophet is seriously ill, and we have got Allah's Book with us and that is sufficient for us.' But the companions of the Prophet differed about this and there was a hue and cry. On that the Prophet said to them, 'Go away (and leave me alone). It is not right that you should quarrel in front of me." Ibn `Abbas came out saying, "It was most unfortunate (a great disaster) that Allah's Apostle was prevented from writing that statement for them because of their disagreement and noise. (Note: It is apparent from this Hadith that Ibn `Abbas had witnessed the event and came out saying this statement. The truth is not so, for Ibn `Abbas used to say this statement on narrating the Hadith and he had not witnessed the event personally. See Fath Al-Bari Vol. 1, p.220 footnote.) (See Hadith No. 228, Vol. 4).

I came upon Allah's Apostle when he was at Al-Batha. He asked me, "Have you intended to perform the Hajj?" I replied in the affirmative. He asked, "For what have you assumed lhram?" I replied," I have assumed Ihram with the same intention as that of the Prophet ." The Prophet said, "You have done well! Go and perform Tawaf round the Ka`ba and between Safa and Marwa." Then I went to one of the women of Bani Qais and she took out lice from my head. Later, I assumed the Ihram for Hajj. So, I used to give this verdict to the people till the caliphate of `Umar. When I told him about it, he said, "If we take (follow) the Holy Book, then it orders us to complete Hajj and `Umra (Hajj-at- Tamattu`) and if we follow the tradition of Allah's Apostle then Allah's Apostle did not finish his lhram till the Hadi had reached its destination (had been slaughtered). (i.e. Hajj-al-Qiran). (See Hadith No. 630)

Urwa bin Az-Zubair and I entered the Mosque (of the Prophet) and saw `Abdullah bin `Umar sitting near the dwelling place of Aisha and some people were offering the Duha prayer. We asked him about their prayer and he replied that it was a heresy. He (Urwa) then asked him how many times the Prophet had performed `Umra. He replied, 'Four times; one of them was in the month of Rajab." We disliked to contradict him. Then we heard `Aisha, the Mother of faithful believers cleaning her teeth with Siwak in the dwelling place. 'Urwa said, "O Mother! O Mother of the believers! Don't you hear what Abu `Abdur Rahman is saying?" She said, "What does he say?" 'Urwa said, "He says that Allah's Apostle performed four `Umra and one of them was in the month of Rajab." `Aisha said, "May Allah be merciful to Abu `Abdur Rahman! The Prophet did not perform any `Umra except that he was with him, and he never performed any `Umra in Rajab."

"I asked Jabir: 'Is badger kind of game animal?' He said: 'Yes.'" He said: "I said: 'Should I eat it?' He said: 'Yes.'" He said: 'I said: 'Did the Messenger of Allah (saws) say that ?' He said: 'Yes.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Some of the people of knowledge followed this. They did not see any harm eating badger. This is the view of Ahmad and Ishaq. A Hadith has been related from the Prophet (saws) indicating disapproval of eating badger but its chain is not strong. Some of the people of knowledge disliked eating badger. This is the view of Ibn Al-Mubarak. Yahya bin Al-Qattan said: "Jarir bin Hazm reported this Hadith from 'Abdullah bin 'Ubaid bin 'Umair, from Ibn Abi 'Ammar, from Jabir, from 'Umar, as his saying. And the narration of Ibn Juraij (a narrator in the chain of this Hadith) is more correct. And Ibn Abi 'Ammar is 'Abdur-Rahman bin 'Abdullah bin Abi 'Ammar Al-Makki.

"The Messenger of Allah (saws) prohibited two sales in one."

There are narrations on this topic from 'Abdullah bin 'Amr, Ibn 'Umar, and Ibn Mas'ud.

[Abu Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith.

This is acted upon according to the people of knowledge. Some of the people of knowledge have explained it by saying that two sales in one is when one says: "I will sell you this garment for ten in cash, and twenty on credit." He does not distinguish between either of the two sales. But when he distinguishes it as being one of them, then there is no harm when one of them is agreed upon.

Ash-Shafi'i said: "Included in the meaning of what the Prophet (saws) prohibited of regarding two sales in one, is if one said: 'I will sell you the house of mine for that (price), upon the condition that you sell me you alve for this (price). When I get the slave, then you get the house.' In this way the sales are distinguished without the prices being known, and neither of them knows what will happen at the conclusion of it (the agreement)."

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

This is acted upon according to the people of knowledge. They permit assurance of protection by a women. This is the view of Ahmad and Ishaq. They permitted the asylum of a woman and slave

It has been related from other routes from 'Umar bin Al-Khattab that he permitted the asylum granted by a slave.

One of the narrators of this last narration Abu Murrah is the freed slave of 'Aqil bin Abi Talib - they also say that he was freed slave of Umm Hani' - and his name was Yazid.

It has been related from 'Ali bin Abi Talib and 'Abdullah bin 'Amr that the Prophet (saws) said: "The covenants of the Muslims are one, it covers the rest of them."

[Abu 'Eisa said:] According to the people of knowledge, the meaning of this Hadith is that whoever gives assurance of protection among the Muslims, then it is valis to all of them.

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

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

While I was with the Prophet in one of the gardens of Medina, a man came and asked me to open the gate. The Prophet said to me, "Open the gate for him and give him the glad tidings that he will enter Paradise." I opened (the gate) for him, and behold! It was Abu Bakr. I informed him of the glad tidings the Prophet had said, and he praised Allah. Then another man came and asked me to open the gate. The Prophet said to me "Open (the gate) and give him the glad tidings of entering Paradise." I opened (the gate) for him, and behold! It was `Umar. I informed him of what the Prophet had said, and he praised Allah. Then another man came and asked me to open the gate. The Prophet said to me. "Open (the gate) for him and inform him of the glad tidings, of entering Paradise with a calamity which will befall him. " Behold ! It was `Uthman, I informed him of what Allah's Apostle had said. He praised Allah and said, "I seek Allah's Aid."

It was narrated that Juwairiyyah bin Qudamah said: I did Haji and I came to Madinah the year ‘Umar was stabbed. He gave a speech and said: I dreamt that a red rooster pecked me once or twice - Shu`bah was not certain - and only a week later, he was stabbed. And he mentioned a similar report, except that he said: And l advise you be kind to the non-Muslim people under your rule (ahludh-dhimmah), and honour the covenant of your Prophet (ﷺ). Then I asked him after that and he said concerning the Bedouin: I advise you to be kind to the Bedouin, for they are your brothers and the enemy of your enemy,

The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted each other. `Abdur-Rahman said to them, "I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you." So all of them agreed to let `Abdur-Rahman decide the case. So when the candidates placed the case in the hands of `Abdur-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. So the people followed `Abdur-Rahman and consulted him all those nights till there came the night we gave the oath of allegiance to `Uthman. Al-Miswar (bin Makhrama) added: `Abdur-Rahman called on me after a portion of the night had passed and knocked on my door till I got up, and he said to me, "I see you have been sleeping! By Allah, during the last three nights I have not slept enough. Go and call Az-Zubair and Sa`d.' So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called `Ali and he held a private talk with him till very late at night, and then 'Al, got up to leave having had much hope (to be chosen as a Caliph) but `Abdur-Rahman was afraid of something concerning `Ali. `Abdur-Rahman then said to me, "Call `Uthman for me." I called him and he kept on speaking to him privately till the Mu'adh-dhin put an end to their talk by announcing the Adhan for the Fajr prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, `Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with `Umar that year. When all of them had gathered, `Abdur- Rahman said, "None has the right to be worshipped but Allah," and added, "Now then, O `Ali, I have looked at the people's tendencies and noticed that they do not consider anybody equal to `Uthman, so you should not incur blame (by disagreeing)." Then `Abdur-Rahman said (to `Uthman), "I gave the oath of allegiance to you on condition that you will follow Allah's Laws and the traditions of Allah's Apostle and the traditions of the two Caliphs after him." So `Abdur-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims.

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

I went to `Aisha and asked her to describe to me the illness of Allah's Apostle. `Aisha said, "Yes. The Prophet became seriously ill and asked whether the people had prayed. We replied, 'No. O Allah's Apostle! They are waiting for you.' He added, 'Put water for me in a trough." `Aisha added, "We did so. He took a bath and tried to get up but fainted. When he recovered, he again asked whether the people had prayed. We said, 'No, they are waiting for you. O Allah's Apostle,' He again said, 'Put water in a trough for me.' He sat down and took a bath and tried to get up but fainted again. Then he recovered and said, 'Have the people prayed?' We replied, 'No, they are waiting for you. O Allah's Apostle.' He said, 'Put water for me in the trough.' Then he sat down and washed himself and tried to get up but he fainted. When he recovered, he asked, 'Have the people prayed?' We said, 'No, they are waiting for you. O Allah's Apostle! The people were in the mosque waiting for the Prophet for the `Isha prayer. The Prophet sent for Abu Bakr to lead the people in the prayer. The messenger went to Abu Bakr and said, 'Allah's Apostle orders you to lead the people in the prayer.' Abu Bakr was a softhearted man, so he asked `Umar to lead the prayer but `Umar replied, 'You are more rightful.' So Abu Bakr led the prayer in those days. When the Prophet felt a bit better, he came out for the Zuhr prayer with the help of two persons one of whom was Al-`Abbas. while Abu Bakr was leading the people in the prayer. When Abu Bakr saw him he wanted to retreat but the Prophet beckoned him not to do so and asked them to make him sit beside Abu Bakr and they did so. Abu Bakr was following the Prophet (in the prayer) and the people were following Abu Bakr. The Prophet (prayed) sitting." 'Ubaidullah added "I went to `Abdullah bin `Abbas and asked him, Shall I tell you what Aisha has told me about the fatal illness of the Prophet?' Ibn `Abbas said, 'Go ahead. I told him her narration and he did not deny anything of it but asked whether `Aisha told me the name of the second person (who helped the Prophet ) along with Al-Abbas. I said. 'No.' He said, 'He was `Ali (Ibn Abi Talib).

The Prophet fought with the people of Khaybar, and captured their palm-trees and land, and forced them to remain confined to their fortresses. So they concluded a treaty of peace providing that gold, silver and weapons would go to the Messenger of Allah (saws), and whatever they took away on their camels would belong to them, on condition that they would not hide and carry away anything. If they did (so), there would be no protection for them and no treaty (with Muslims).

They carried away a purse of Huyayy ibn Akhtab who was killed before (the battle of) Khaybar. He took away the ornaments of Banu an-Nadir when they were expelled.

The Prophet (saws) asked Sa'yah: Where is the purse of Huyayy ibn Akhtab?

He replied: The contents of this purse were spent on battles and other expenses. (Later on) they found the purse. So he killed Ibn AbulHuqayq, captured their women and children, and intended to deport them.

They said: Muhammad, leave us to work on this land; we shall have half (of the produce) as you wish, and you will have half. The Messenger of Allah (saws) used to make a contribution of eighty wasqs of dates and twenty wasqs of wheat to each of his wives.

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

The people started asking the Prophet too many questions importunately. So one day he ascended the pulpit and said, "You will not ask me any question but I will explain it to you." I looked right and left, and behold, every man was covering his head with his garment and weeping. Then got up a man who, whenever quarreling with somebody, used to be accused of not being the son of his father. He said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." Then `Umar got up and said, "We accept Allah as our Lord, Islam as our religion and Muhammad as our Apostle and we seek refuge with Allah from the evil of afflictions." The Prophet said, " I have never seen the good and bad like on this day. No doubt, Paradise and Hell was displayed in front of me till I saw them in front of that wall," Qatada said: This Hadith used to be mentioned as an explanation of this Verse:-- 'O you who believe! Ask not questions about things which, if made plain to you, may cause you trouble.' (5.101)

Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

One night I slept at the house of my aunt Maimuna and the Prophet slept (too). He got up (for prayer) in the last hours of the night and performed a light ablution from a hanging leather skin. (`Amr, the sub-narrator described that the ablution was very light). Then he stood up for prayer and I got up too and performed the ablution in the same way and joined him on his left side. He pulled me to the right and prayed as much as Allah will. Then he lay down and slept and I heard his breath sounds till the Mu'adh-dhin came to him to inform him about the (Fajr) prayer. He left with him for the prayer and prayed without repeating the ablution. (Sufyan the sub-narrator said: We said to `Amr, "Some people say, 'The eyes of the Prophet sleep but his heart never sleeps.' " `Amr said, "'Ubai bin `Umar said, 'The dreams of the Prophets are Divine Inspirations. Then he recited, '(O my son), I have seen in dream that I was slaughtering you (offering you in sacrifice).") (37.102)

I came to the Prophet at Al-Batha' while his camel was kneeling down and he asked me, "Have you intended to perform the Hajj?" I replied in the affirmative. He asked me, 'With what intention have you assumed Ihram?" I replied, "I have assumed Ihram with the same intention as that of the Prophet. He said, "You have done well. Perform the Tawaf of the Ka`ba and (the Sai) between As-Safa and Al- Marwa and then finish the Ihram." So, I performed the Tawaf around the Ka`ba and the Sai) between As-Safa and Al-Marwa and then went to a woman of the tribe of Qais who cleaned my head from lice. Later I assumed the Ihram for Hajj. I used to give the verdict of doing the same till the caliphate of `Umar who said, "If you follow the Holy Book then it orders you to remain in the state of Ihram till you finish from Hajj, if you follow the Prophet then he did not finish his Ihram till the Hadi (sacrifice) had reached its place of slaughtering (Hajj-al-Qiran).

From 'Aishah that she wanted to purchase Barirah, but they (he owners) made the condition that they would retain the Wala'. So the Prophet (saws) said: "Buy her, the Wala' is only for the one who gives the price, or for the one who grants the favor."

[He said:] There is something on this topic from Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of 'Aishah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. And Mansur bin Al-Mu'tamir's Kunyah is Abu 'Attab.

Abu Bakr Al-'Attar Al-Basri narrated to us from 'Ali bin Al-Madini who said: "I heard Yahya bin Sa'eed saying: 'When you get a narration from Mansur, then your hand has been filled with goodness without needing others.' Then Yahya said: 'I did not find anyone more reliable in (narrating from) Ibrahim An-Nakha'i and Mujahid than Mansur."

[He said:] Muhammad informed me from 'Abdullah bin Abi Al-Aswad who said: " 'Abdur-Rahman bin Mahdi said: 'Mansur is the most reliable of the people of Al-Kufah.'"

That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."

[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."

Tha'labah ibn Zahdam said: We accompanied Sa'd ibn al-'As at Tabaristan. He stood and said: Which of you prayed along with the Messenger of Allah (saws) in time of danger? Hudhayfah said: I then he led one section in one rak'ah and the other section in one rak'ah. They did not pray the second rak'ah by themselves.

Abu Dawud: This tradition has been transmitted by 'Ubaid Allah b. 'Abd Allah and Mujahid on the authority of Ibn 'Abbas from the Prophet (saws) in like manner. This has also been narrated by 'Abd Allah b. Shaqiq from Abu Hurairah from the Prophet (saws). Yazid al-Faqir and Abu Musa also narrated this tradition from Jabir from the Prophet (saws). Some of the narrators said in the version narrated by Yazid al-Faqir that they completed their second rak'ah. This has also been narrated by Simak al-Hanafi on the authority of Ibn 'Umar from the Prophet (saws) something similar. Zaid b. Thabit also narrated from the Prophet (saws) in like manner. This version adds: The people prayed on rak'ah and the Prophet (saws) prayed two rak'ahs.

We were in the company of the Prophet in a Ghazwa. A large number of emigrants joined him and among the emigrants there was a person who used to play jokes (or play with spears); so he (jokingly) stroked an Ansari man on the hip. The Ans-ari got so angry that both of them called their people. The Ansari said, "Help, O Ansar!" And the emigrant said "Help, O emigrants!" The Prophet came out and said, "What is wrong with the people (as they are calling) this call of the period of Ignorance? "Then he said, "What is the matter with them?" So he was told about the stroke of the emigrant to the Ansari. The Prophet said, "Stop this (i.e. appeal for help) for it is an evil call. "Abdullah bin Ubai bin Salul (a hypocrite) said, "The emigrants have called and (gathered against us); so when we return to Medina, surely, the more honorable people will expel therefrom the meaner," Upon that `Umar said, "O Allah's Prophet! Shall we not kill this evil person (i.e. `Abdullah bin Ubai bin Salul) ?" The Prophet) said, "(No), lest the people should say that Muhammad used to kill his companions."