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

Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah asked his son for help and he thought him unnecessarily slow. When the son came, his father said to him, "O fornicator." Zurayq said, "So the son asked me to help him against the father. When I wanted to flog him, his son said, 'By Allah, if you flog him, I will acknowledge that I have committed fornication.' When he said that, the situation was confused for me, so I wrote about it to Umar ibn Abd al- Aziz who was the governor at that time, and I mentioned it to him. Umar wrote me to permit his pardon."

Zurayq said, "I wrote to Umar ibn Abd al-Aziz also, 'What do you think about a man who is slandered or his parents are slandered and both or only one of them are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is permitted for himself. If his parents are slandered and one or both of them are dead, take the judgement of the Book of Allah for it unless he wants to veil it.' "

Yahya said, "I heard Malik say, 'That is because the slandered man might fear that if that is unveiled about him, a clear proof might be established. If it is according to what we have described, his pardon is permitted."

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

The Prophet said, "On the day of Resurrection Allah will say, 'O Adam!' Adam will reply, 'Labbaik our Lord, and Sa`daik ' Then there will be a loud call (saying), Allah orders you to take from among your offspring a mission for the (Hell) Fire.' Adam will say, 'O Lord! Who are the mission for the (Hell) Fire?' Allah will say, 'Out of each thousand, take out 999.' At that time every pregnant female shall drop her load (have a miscarriage) and a child will have grey hair. And you shall see mankind as in a drunken state, yet not drunk, but severe will be the torment of Allah." (22.2) (When the Prophet mentioned this), the people were so distressed (and afraid) that their faces got changed (in color) whereupon the Prophet said, "From Gog and Magog nine-hundred ninety-nine will be taken out and one from you. You Muslims (compared to the large number of other people) will be like a black hair on the side of a white ox, or a white hair on the side of a black ox, and I hope that you will be onefourth of the people of Paradise." On that, we said, "Allahu-Akbar!" Then he said, "I hope that you will be) one-third of the people of Paradise." We again said, "Allahu-Akbar!" Then he said, "(I hope that you will be) one-half of the people of Paradise." So we said, Allahu Akbar."

While I was with Aisha, the mother of the Believers, a person from Iraq came and asked, "What type of shroud is the best?" `Aisha said, "May Allah be merciful to you! What does it matter?" He said, "O mother of the Believers! Show me (the copy of) your Qur'an," She said, "Why?" He said, "In order to compile and arrange the Qur'an according to it, for people recite it with its Suras not in proper order." `Aisha said, "What does it matter which part of it you read first? (Be informed) that the first thing that was revealed thereof was a Sura from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: 'Do not drink alcoholic drinks.' people would have said, 'We will never leave alcoholic drinks,' and if there had been revealed, 'Do not commit illegal sexual intercourse, 'they would have said, 'We will never give up illegal sexual intercourse.' While I was a young girl of playing age, the following Verse was revealed in Mecca to Muhammad: 'Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.' (54.46) Sura Al-Baqara (The Cow) and Surat An-Nisa (The Women) were revealed while I was with him." Then `Aisha took out the copy of the Qur'an for the man and dictated to him the Verses of the Suras (in their proper order) .

While I was (sitting) among the people in the company of Allah's Apostle a woman stood up and said, "O Allah's Apostle! She has given herself in marriage to you; please give your opinion of her." The Prophet did not give her any reply. She again stood up and said, "O Allah's Apostle! She has given herself (in marriage) to you; so please give your opinion of her. The Prophet did not give her any reply. She again stood up for the third time and said, "She has given herself in marriage to you: so give your opinion of her." So a man stood up and said, "O Allah's Apostle! Marry her to me." The Prophet asked him, "Have you got anything?" He said, "No." The Prophet said, "Go and search for something, even if it were an iron ring." The man went and searched and then returned saying, "I could not find anything, not even an iron ring." Then the Prophet said, "Do you know something of the Qur'an (by heart)?" He replied, "I know (by heart) such Sura and such Sura." The Prophet said, "Go! I have married her to you for what you know of the Qur'an (by heart).

Fatima sent somebody to Abu Bakr asking him to give her her inheritance from the Prophet from what Allah had given to His Apostle through Fai (i.e. booty gained without fighting). She asked for the Sadaqa (i.e. wealth assigned for charitable purposes) of the Prophet at Medina, and Fadak, and what remained of the Khumus (i.e., one-fifth) of the Khaibar booty. Abu Bakr said, "Allah's Apostle said, 'We (Prophets), our property is not inherited, and whatever we leave is Sadaqa, but Muhammad's Family can eat from this property, i.e. Allah's property, but they have no right to take more than the food they need.' By Allah! I will not bring any change in dealing with the Sadaqa of the Prophet (and will keep them) as they used to be observed in his (i.e. the Prophet's) life-time, and I will dispose with it as Allah's Apostle used to do," Then 'Ali said, "I testify that None has the right to be worshipped but Allah, and that Muhammad is His Apostle," and added, "O Abu Bakr! We acknowledge your superiority." Then he (i.e. 'Ali) mentioned their own relationship to Allah's Apostle and their right. Abu Bakr then spoke saying, "By Allah in Whose Hands my life is. I love to do good to the relatives of Allah's Apostle rather than to my own relatives"

I used to teach Qur'an to 'Abdur-Rahman bin Auf. When Umar performed his last Hajj, 'Abdur-Rahman said (to me) at Mina, "Would that you had seen Chief of the believers today! A man came to him and said, "So-and-so has said, "If Chief of the Believers died, we will give the oath of allegiance to such-and-such person,' 'Umar said, 'I will get up tonight and warn those who want to usurp the people's rights.' I said, 'Do not do so, for the season (of Hajj) gathers the riffraff mob who will form the majority of your audience, and I am afraid that they will not understand (the meaning of) your saying properly and may spread (an incorrect statement) everywhere. You should wait till we reach Medina, the place of migration and the place of the Sunna (the Prophet's Traditions). There you will meet the companions of Allah's Apostle from the Muhajirin and the Ansar who will understand your statement and place it in its proper position' 'Umar said, 'By Allah, I shall do so the first time I stand (to address the people) in Medina.' When we reached Medina, 'Umar (in a Friday Khutba-sermon) said, "No doubt, Allah sent Muhammad with the Truth and revealed to him the Book (Quran), and among what was revealed, was the Verse of Ar-Rajm (stoning adulterers to death).'" (See Hadith No. 817,Vol. 8)

That he heard Marwan bin Al-Hakam and Al-Miswar bin Makhrama relating one of the events that happened to Allah's Apostle in the `Umra of Al-Hudaibiya. They said, "When Allah's Apostle concluded the truce with Suhail bin `Amr on the day of Al-Hudaibiya, one of the conditions which Suhail bin `Amr stipulated, was his saying (to the Prophet), "If anyone from us (i.e. infidels) ever comes to you, though he has embraced your religion, you should return him to us, and should not interfere between us and him." Suhail refused to conclude the truce with Allah's Apostle except on this condition. The believers disliked this condition and got disgusted with it and argued about it. But when Suhail refused to conclude the truce with Allah's Apostle except on that condition, Allah's Apostle concluded it. Accordingly, Allah's Apostle then returned Abu Jandal bin Suhail to his father, Suhail bin `Amr, and returned every man coming to him from them during that period even if he was a Muslim. The believing women Emigrants came (to Medina) and Um Kulthum, the daughter of `Uqba bin Abi Mu'ait was one of those who came to Allah's Apostle and she was an adult at that time. Her relatives came, asking Allah's Apostle to return her to them, and in this connection, Allah revealed the Verses dealing with the believing (women).

Yahya related to me from Malik from Zayd ibn Aslam from his father that the Messenger of Allah, may Allah bless him and grant him peace, was on one of his journeys, and one night Umar ibn al-Khattab, who was travelling with him, asked him about something, but he did not answer him. He asked him again, but he did not answer him. Then he asked him again, and again he did not answer him. Umar said, "May your mother be bereaved of you, Umar. Three times you have importuned the Messenger of Allah, may Allah bless him and grant him peace, with a question and he has not answered you at all."

Umar continued, "I got my camel moving until, when I was in front of the people, I feared that a piece of Qur'an was being sent down about me. It was not long before I heard a crier calling for me, and I said that I feared that a piece of Qur'an had been sent down about me." He continued, "I came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Peace be upon you' to him, and he said, 'A sura has been sent down to me this night that is more beloved to me than anything on which the sun rises.' Then he recited al-Fath (Sura 48).

Yahya said that Malik said, "The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second timeand by that time all his camels have died except five, is that the zakat collector assesses from the five camels the two amounts of zakat that are due from the owner of the animals, which in this case is only two sheep, one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is (actually) assessed. His livestock may have died or it may have increased, and the zakat collector only assesses the zakat on what he (actually) finds on the day he makes the assessment. If more than one payment of zakat is due from the owner of the livestock, he still only has to pay zakat according to what the zakat collector (actually) finds in his possession, and if his livestock has died, or several payments of zakat are due from him and nothing is taken until all his livestock has died, or has been reduced to an amount below that on which he has to pay zakat, then he does not have to pay any zakat, and there is no liability (on him) for what has died or for the years that have passed.

Yahya related to me from Malik from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as-Saidi that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! I have given myself to you." She stood for a long time, and then a man got up and said, "Messenger of Allah, marry her to me if you have no need of her." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you have anything to give her as a bride-price?" He said, "I possess only this lower garment of mine." The Messenger of Allah, may Allah bless him and grant him peace, said, "If you give it to her you will not have a garment to wear so look for something else." He said, "I have nothing else." He said, "Look for something else, even if it is only an iron ring." He looked, and found that he had nothing. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you know any of the Qur'an?" He said, "Yes. I know such-and-such a sura and such-and-such a sura," which he named. The Messengerof Allah, may Allah bless him and grant him peace, said to him, "I have married her to you for what you know of the Qur'an."

Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.

Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."

Ibn 'Abbas in the explanation of the statement of Allah "Move not your tongue concerning (the Quran) to make haste therewith." (75.16) said "Allah's Apostle used to bear the revelation with great trouble and used to move his lips (quickly) with the Inspiration." Ibn 'Abbas moved his lips saying, "I am moving my lips in front of you as Allah's Apostle used to move his." Said moved his lips saying: "I am moving my lips, as I saw Ibn 'Abbas moving his." Ibn 'Abbas added, "So Allah revealed 'Move not your tongue concerning (the Qur'an) to make haste therewith. It is for Us to collect it and to give you (O Muhammad) the ability to recite it (the Quran)' (75.16-17) which means that Allah will make him (the Prophet) remember the portion of the Qur'an which was revealed at that time by heart and recite it. The statement of Allah: 'And when we have recited it to you (O Muhammad through Gabriel) then you follow its (Quran) recital' (75.18) means 'listen to it and be silent.' Then it is for Us (Allah) to make it clear to you' (75.19) means 'Then it is (for Allah) to make you recite it (and its meaning will be clear by itself through your tongue). Afterwards, Allah's Apostle used to listen to Gabriel whenever he came and after his departure he used to recite it as Gabriel had recited it."

Ibn `Abbas said, "The Prophet slept till he snored and then prayed (or probably lay till his breath sounds were heard and then got up and prayed)." Ibn `Abbas added: "I stayed overnight in the house of my aunt, Maimuna, the Prophet slept for a part of the night, (See Fath-al-Bari page 249, Vol. 1), and late in the night, he got up and performed ablution from a hanging water skin, a light (perfect) ablution and stood up for the prayer. I, too, performed a similar ablution, then I went and stood on his left. He drew me to his right and prayed as much as Allah wished, and again lay and slept till his breath sounds were heard. Later on the Mu'adh-dhin (call maker for the prayer) came to him and informed him that it was time for Prayer. The Prophet went with him for the prayer without performing a new ablution." (Sufyan said to `Amr that some people said, "The eyes of Allah's Apostle sleep but his heart does not sleep." `Amr replied, "I heard `Ubaid bin `Umar saying that the dreams of Prophets were Divine Inspiration, and then he recited the verse: 'I (Abraham) see in a dream, (O my son) that I offer you in sacrifice (to Allah)." (37.102) (See Hadith No. 183)

The Prophet set out with the intention of going to Suq `Ukaz (market of `Ukaz) along with some of his companions. At the same time, a barrier was put between the devils and the news of heaven. Fire commenced to be thrown at them. The Devils went to their people, who asked them, "What is wrong with you?" They said, "A barrier has been placed between us and the news of heaven. And fire has been thrown at us." They said, "The thing which has put a barrier between you and the news of heaven must be something which has happened recently. Go eastward and westward and see what has put a barrier between you and the news of heaven." Those who went towards Tuhama came across the Prophet at a place called Nakhla and it was on the way to Suq `Ukaz and the Prophet was offering the Fajr prayer with his companions. When they heard the Qur'an they listened to it and said, "By Allah, this is the thing which has put a barrier between us and the news of heaven." They went to their people and said, "O our people; verily we have heard a wonderful recital (Qur'an) which shows the true path; we believed in it and would not ascribe partners to our Lord." Allah revealed the following verses to his Prophet (Sura 'Jinn') (72): "Say: It has been revealed to me." And what was revealed to him was the conversation of the Jinns.

A Jewess came to ask `Aisha (the wife of the Prophet) about something. She said to her, "May Allah give you refuge from the punishment of the grave." So `Aisha ' asked Allah's Apostle "Would the people be punished in their graves?" Allah's Apostle after seeking refuge with Allah from the punishment of the grave (and thus replied in the affirmative). Then one day, Allah's Apostle rode to go to some place but the sun eclipsed. He returned in the forenoon and passed through the rear of the dwellings (of his wives) and stood for the (eclipse) prayer, and the people stood behind him. He stood up for a long period and then performed a prolonged bowing which was shorter than the first bowing. Then he raised his head and prostrated. Then he stood up (for the second rak`a) for a long while but the standing was shorter than that of the first rak`a. Then he performed a prolonged bowing which was shorter than the first one. Then he raised his head and prostrated. Then he stood up for a long time but shorter than the first. Then he performed a prolonged bowing but shorter than the first. Then he raised his head and prostrated and finished the prayer and (then delivered the sermon and) said as much as Allah wished. And then he ordered the people to seek refuge with Allah from the punishment of the grave.

"I saw Allah's Apostle delaying the Maghrib prayer till he offered it along with the `Isha' prayer whenever he was in a hurry during the journey." Salim narrated, "Ibn `Umar used to do the same whenever he was in a hurry during the journey." And Salim added, "Ibn `Umar used to pray the Maghrib and `Isha' prayers together in Al-Muzdalifa." Salim said, "Ibn `Umar delayed the Maghrib prayer because at that time he heard the news of the death of his wife Safiya bint Abi `Ubaid. I said to him, 'The prayer (is due).' He said, 'Go on.' Again I said, 'The prayer (is due).' He said, 'Go on,' till we covered two or three miles. Then he got down, prayed and said, 'I saw the Prophet praying in this way, whenever he was in a hurry during the journey.' `Abdullah (bin `Umar) added, "Whenever the Prophet was in a hurry, he used to delay the Maghrib prayer and then offer three rak`at (of the Maghrib) and perform Taslim, and after waiting for a short while, Iqama used to be pronounced for the `Isha' prayer when he would offer two rak`at and perform Taslim. He would never offer any optional prayer till the middle of the night (when he used to pray the Tahajjud)."

When the time of the death of Abu Talib approached, Allah's Apostle went to him and found Abu Jahl bin Hisham and `Abdullah bin Abi Umaiya bin Al-Mughira by his side. Allah's Apostle said to Abu Talib, "O uncle! Say: None has the right to be worshipped but Allah, a sentence with which I shall be a witness (i.e. argue) for you before Allah. Abu Jahl and `Abdullah bin Abi Umaiya said, "O Abu Talib! Are you going to denounce the religion of `Abdul Muttalib?" Allah's Apostle kept on inviting Abu Talib to say it (i.e. 'None has the right to be worshipped but Allah') while they (Abu Jahl and `Abdullah) kept on repeating their statement till Abu Talib said as his last statement that he was on the religion of `Abdul Muttalib and refused to say, 'None has the right to be worshipped but Allah.' (Then Allah's Apostle said, "I will keep on asking Allah's forgiveness for you unless I am forbidden (by Allah) to do so." So Allah revealed (the verse) concerning him (i.e. It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans even though they be of kin, after it has become clear to them that they are companions of the fire (9.113).

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

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

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

My grandfather said, "We were in the company of the Prophet at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet came) he ordered the pots to be upset and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel. One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it. The Prophet said, "Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow)." Before distributing them among the soldiers my grandfather said, "We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?" The Prophet said, "Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them. Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels).

Umar and a group of the companions of the Prophet set out with the Prophet to Ibn Saiyad. He found him playing with some boys near the hillocks of Bani Maghala. Ibn Saiyad at that time was nearing his puberty. He did not notice (the Prophet's presence) till the Prophet stroked him on the back with his hand and said, "Ibn Saiyad! Do you testify that I am Allah's Apostle?" Ibn Saiyad looked at him and said, "I testify that you are the Apostle of the illiterates."

Then Ibn Saiyad asked the Prophet. "Do you testify that I am the apostle of Allah?" The Prophet said to him, "I believe in Allah and His Apostles." Then the Prophet said (to Ibn Saiyad). "What do you see?" Ibn Saiyad replied, "True people and false ones visit me." The Prophet said, "Your mind is confused as to this matter." The Prophet added, " I have kept something (in my mind) for you." Ibn Saiyad said, "It is Ad-Dukh." The Prophet said (to him), "Shame be on you! You cannot cross your limits." On that 'Umar said, "O Allah's Apostle! Allow me to chop his head off." The Prophet said, "If he should be him (i.e. Ad-Dajjal) then you cannot overpower him, and should he not be him, then you are not going to benefit by murdering him."

We got the news of the migration of the Prophet while we were in Yemen, so we set out migrating to him. We were, I and my two brothers, I being the youngest, and one of my brothers was Abu Burda and the other was Abu Ruhm. We were over fifty (or fifty-three or fifty two) men from our people. We got on board a ship which took us to An-Najashi in Ethiopia, and there we found Ja`far bin Abu Talib and his companions with An-Najaishi. Ja`far said (to us), "Allah's Apostle has sent us here and ordered us to stay here, so you too, stay with us." We stayed with him till we all left (Ethiopia) and met the Prophet at the time when he had conquered Khaibar. He gave us a share from its booty (or gave us from its booty). He gave only to those who had taken part in the Ghazwa with him. but he did not give any share to any person who had not participated in Khaibar's conquest except the people of our ship, besides Ja`far and his companions, whom he gave a share as he did them (i.e. the people of the ship).

Once while a Jew was selling something, he was offered a price that he was not pleased with. So, he said, "No, by Him Who gave Moses superiority over all human beings!" Hearing him, an Ansari man got up and slapped him on the face and said, "You say: By Him Who Gave Moses superiority over all human beings although the Prophet (Muhammad) is present amongst us!" The Jew went to the Prophet and said, "O Abu-l-Qasim! I am under the assurance and contract of security, so what right does so-and-so have to slap me?" The Prophet asked the other, "Why have you slapped". He told him the whole story. The Prophet became angry, till anger appeared on his face, and said, "Don't give superiority to any prophet amongst Allah's Prophets, for when the trumpet will be blown, everyone on the earth and in the heavens will become unconscious except those whom Allah will exempt. The trumpet will be blown for the second time and I will be the first to be resurrected to see Moses holding Allah's Throne. I will not know whether the unconsciousness which Moses received on the Day of Tur has been sufficient for him, or has he got up before me. And I do not say that there is anybody who is better than Yunus bin Matta."

My father said, "Allah's Apostle was proceeding at night on one of his journeys and `Umar bin Al- Khattab was going along with him. `Umar bin Al-Khattab asked him (about something) but Allah's Apostle did not answer him. `Umar asked him again, but he did not answer him. He asked him again (for the third time) but he did not answer him. On that `Umar bin Al-Khattab addressed himself saying, "May your mother be bereaved of you, O `Umar, for you have asked Allah's Apostle thrice, yet he has not answered you." `Umar said, "Then I made my camel run fast and took it in front of the other Muslims, and I was afraid that something might be revealed in my connection. I had hardly waited for a moment when I heard somebody calling me. I said, 'I was afraid that something might have been revealed about me.' Then I came to Allah's Apostle and greeted him. He (i.e. the Prophet) said, 'Tonight there has been revealed to me, a Sura which is dearer to me than (all the world) on which the sun rises,' and then he recited: 'Verily! We have granted you (O Muhammad) A manifest victory." (48.1)

We were sitting with Ibn Masud when Khabbab came and said, "O Abu `Abdur-Rahman! Can these young fellows recite Qur'an as you do?" Ibn Mas`ud said, "If you wish I can order one of them to recite (Qur'an) for you ." Khabbab replied, "Yes. "Ibn Mas`ud said, "Recite, O 'Alqama!" On that, Zaid bin Hudair, the brother of Ziyad bin Hudair said, (to Ibn Mas`ud), "Why have you ordered 'Alqama to recite though he does not recite better than we?" Ibn Mas`ud said, "If you like, I would tell you what the Prophet said about your nation and his (i.e. 'Alqama's) nation." So I recited fifty Verses from Sura-Maryam. `Abdullah (bin Mas`ud) said to Khabbab, "What do you think (about 'Alqama's recitation)?" Khabbab said, "He has recited well." `Abdullah said, "Whatever I recite, 'Alqama recites." Then `Abdullah turned towards Khabbab and saw that he was wearing a gold ring, whereupon he said, "Hasn't the time for its throwing away come yet?" Khabbab said, "You will not see me wearing it after today," and he throw it away.

A man who wants to perform the Hajj (from Mecca) can perform the Tawaf around the Ka`ba as long as he is not in the state of Ihram till he assumes the Ihram for Hajj. Then, if he rides and proceeds to `Arafat, he should take a Hadi (i.e. animal for sacrifice), either a camel or a cow or a sheep, whatever he can afford; but if he cannot afford it, he should fast for three days during the Hajj before the day of `Arafat, but if the third day of his fasting happens to be the day of `Arafat (i.e. 9th of Dhul-Hijja) then it is no sin for him (to fast on it). Then he should proceed to `Arafat and stay there from the time of the `Asr prayer till darkness falls. Then the pilgrims should proceed from `Arafat, and when they have departed from it, they reach Jam' (i.e. Al-Muzdalifa) where they ask Allah to help them to be righteous and dutiful to Him, and there they remember Allah greatly or say Takbir (i.e. Allah is Greater) and Tahlil (i.e. None has the right to be worshipped but Allah) repeatedly before dawn breaks. Then, after offering the morning (Fajr) prayer you should pass on (to Mina) for the people used to do so and Allah said:-- "Then depart from the place whence all the people depart. And ask for Allah's Forgiveness. Truly! Allah is Oft-Forgiving, Most Merciful." (2.199) Then you should go on doing so till you throw pebbles over the Jamra.

I said to Ibn `Abbas, "Nauf-Al-Bakali claims that Moses (the companion of Khadir) was not the Moses of Bani Israel but he was another Moses." Ibn `Abbas remarked that the enemy of Allah (Nauf) was a liar.

Narrated Ubai bin Ka`b:

The Prophet said, "Once the Prophet Moses stood up and addressed Bani Israel. He was asked, "Who is the most learned man amongst the people. He said, "I am the most learned." Allah admonished Moses as he did not attribute absolute knowledge to Him (Allah). So Allah inspired to him "At the junction of the two seas there is a slave amongst my slaves who is more learned than you." Moses said, "O my Lord! How can I meet him?" Allah said: Take a fish in a large basket (and proceed) and you will find him at the place where you will lose the fish. So Moses set out along with his (servant) boy, Yusha` bin Noon and carried a fish in a large basket till they reached a rock, where they laid their heads (i.e. lay down) and slept. The fish came out of the basket and it took its way into the sea as in a tunnel. So it was an amazing thing for both Moses and his (servant) boy. They proceeded for the rest of that night and the following day. When the day broke, Moses said to his (servant) boy: "Bring us our early meal. No doubt, we have suffered much fatigue in this journey." Moses did not get tired till he passed the place about which he was told. There the (servant) boy told Moses, "Do you remember when we betook ourselves to the rock, I indeed forgot the fish." Moses remarked, "That is what we have been seeking. So they went back retracing their footsteps, till they reached the rock. There they saw a man covered with a garment (or covering himself with his own garment). Moses greeted him. Al-Khadir replied saying, "How do people greet each other in your land?" Moses said, "I am Moses." He asked, "The Moses of Bani Israel?" Moses replied in the affirmative and added, "May I follow you so that you teach me of that knowledge which you have been taught." Al-Khadir replied, "Verily! You will not be able to remain patient with me, O Moses! I have some of the knowledge of Allah which He has taught me and which you do not know, while you have some knowledge which Allah has taught you which I do not know." Moses said, "Allah willing, you will find me patient and I will disobey no order of yours. So both of them set out walking along the seashore, as they did not have a boat. In the meantime a boat passed by them and they requested the crew of the boat to take them on board. The crew recognized Al-Khadir and took them on board without fare. Then a sparrow came and stood on the edge of the boat and dipped its beak once or twice in the sea. Al-Khadir said: "O Moses! My knowledge and your knowledge have not decreased Allah's knowledge except as much as this sparrow has decreased the water of the sea with its beak." Al- Khadir went to one of the planks of the boat and plucked it out. Moses said, "These people gave us a free lift but you have broken their boat and scuttled it so as to drown its people." Al-Khadir replied, "Didn't I tell you that you will not be able to remain patient with me." Moses said, "Call me not to account for what I forgot." The first (excuse) of Moses was that he had forgotten. Then they proceeded further and found a boy playing with other boys. Al-Khadir took hold of the boy's head from the top and plucked it out with his hands (i.e. killed him). Moses said, "Have you killed an innocent soul who has killed none." Al-Khadir replied, "Did I not tell you that you cannot remain patient with me?" Then they both proceeded till when they came to the people of a town, they asked them for food, but they refused to entertain them. Then they found there a wall on the point of collapsing. Al-Khadir repaired it with his own hands. Moses said, "If you had wished, surely you could have taken wages for it." Al-Khadir replied, "This is the parting between you and me." The Prophet added, "May Allah be Merciful to Moses! Would that he could have been more patient to learn more about his story with Al-Khadir. "

Some people said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you crowd and squeeze each other on looking at the sun when it is not hidden by clouds?" They replied, "No, Allah's Apostle." He said, "Do you crowd and squeeze each other on looking at the moon when it is full and not hidden by clouds?" They replied, No, O Allah's Apostle!" He said, "So you will see Him (your Lord) on the Day of Resurrection similarly Allah will gather all the people and say, 'Whoever used to worship anything should follow that thing. 'So, he who used to worship the sun, will follow it, and he who used to worship the moon will follow it, and he who used to worship false deities will follow them; and then only this nation (i.e., Muslims) will remain, including their hypocrites. Allah will come to them in a shape other than they know and will say, 'I am your Lord.' They will say, 'We seek refuge with Allah from you. This is our place; (we will not follow you) till our Lord comes to us, and when our Lord comes to us, we will recognize Him. Then Allah will come to then in a shape they know and will say, "I am your Lord.' They will say, '(No doubt) You are our Lord,' and they will follow Him. Then a bridge will be laid over the (Hell) Fire." Allah's Apostle added, "I will be the first to cross it. And the invocation of the Apostles on that Day, will be 'Allahumma Sallim, Sallim (O Allah, save us, save us!),' and over that bridge there will be hooks Similar to the thorns of As Sa'dan (a thorny tree). Didn't you see the thorns of As-Sa'dan?" The companions said, "Yes, O Allah's Apostle." He added, "So the hooks over that bridge will be like the thorns of As-Sa-dan except that their greatness in size is only known to Allah. These hooks will snatch the people according to their deeds. Some people will be ruined because of their evil deeds, and some will be cut into pieces and fall down in Hell, but will be saved afterwards, when Allah has finished the judgments among His slaves, and intends to take out of the Fire whoever He wishes to take out from among those who used to testify that none had the right to be worshipped but Allah. We will order the angels to take them out and the angels will know them by the mark of the traces of prostration (on their foreheads) for Allah banned the f ire to consume the traces of prostration on the body of Adam's son. So they will take them out, and by then they would have burnt (as coal), and then water, called Ma'ul Hayat (water of life) will be poured on them, and they will spring out like a seed springs out on the bank of a rainwater stream, and there will remain one man who will be facing the (Hell) Fire and will say, 'O Lord! It's (Hell's) vapor has Poisoned and smoked me and its flame has burnt me; please turn my face away from the Fire.' He will keep on invoking Allah till Allah says, 'Perhaps, if I give you what you want), you will ask for another thing?' The man will say, 'No, by Your Power, I will not ask You for anything else.' Then Allah will turn his face away from the Fire. The man will say after that, 'O Lord, bring me near the gate of Paradise.' Allah will say (to him), 'Didn't you promise not to ask for anything else? Woe to you, O son of Adam ! How treacherous you are!' The man will keep on invoking Allah till Allah will say, 'But if I give you that, you may ask me for something else.' The man will say, 'No, by Your Power. I will not ask for anything else.' He will give Allah his covenant and promise not to ask for anything else after that. So Allah will bring him near to the gate of Paradise, and when he sees what is in it, he will remain silent as long as Allah will, and then he will say, 'O Lord! Let me enter Paradise.' Allah will say, 'Didn't you promise that you would not ask Me for anything other than that? Woe to you, O son of Adam ! How treacherous you are!' On that, the man will say, 'O Lord! Do not make me the most wretched of Your creation,' and will keep on invoking Allah till Allah will smile and when Allah will smile because of him, then He will allow him to enter Paradise, and when he will enter Paradise, he will be addressed, 'Wish from so-and-so.' He will wish till all his wishes will be fulfilled, then Allah will say, All this (i.e. what you have wished for) and as much again therewith are for you.' " Abu Huraira added: That man will be the last of the people of Paradise to enter (Paradise).

I heard Allah's Apostle saying, "Three men from among those who were before you, set out together till they reached a cave at night and entered it. A big rock rolled down the mountain and closed the mouth of the cave. They said (to each other), Nothing could save you from this rock but to invoke Allah by giving reference to the righteous deed which you have done (for Allah's sake only).' So, one of them said, 'O Allah! I had old parents and I never provided my family (wife, children etc.) with milk before them. One day, by chance I was delayed, and I came late (at night) while they had slept. I milked the sheep for them and took the milk to them, but I found them sleeping. I disliked to provide my family with the milk before them. I waited for them and the bowl of milk was in my hand and I kept on waiting for them to get up till the day dawned. Then they got up and drank the milk. O Allah! If I did that for Your Sake only, please relieve us from our critical situation caused by this rock.' So, the rock shifted a little but they could not get out." The Prophet added, "The second man said, 'O Allah! I had a cousin who was the dearest of all people to me and I wanted to have sexual relations with her but she refused. Later she had a hard time in a famine year and she came to me and I gave her one-hundred-and-twenty Dinars on the condition that she would not resist my desire, and she agreed. When I was about to fulfill my desire, she said: It is illegal for you to outrage my chastity except by legitimate marriage. So, I thought it a sin to have sexual intercourse with her and left her though she was the dearest of all the people to me, and also I left the gold I had given her. O Allah! If I did that for Your Sake only, please relieve us from the present calamity.' So, the rock shifted a little more but still they could not get out from there." The Prophet added, "Then the third man said, 'O Allah! I employed few laborers and I paid them their wages with the exception of one man who did not take his wages and went away. I invested his wages and I got much property thereby. (Then after some time) he came and said to me: O Allah's slave! Pay me my wages. I said to him: All the camels, cows, sheep and slaves you see, are yours. He said: O Allah's slave! Don't mock at me. I said: I am not mocking at you. So, he took all the herd and drove them away and left nothing. O Allah! If I did that for Your Sake only, please relieve us from the present suffering.' So, that rock shifted completely and they got out walking.

I participated in a Ghazwa along with Allah's Apostle The Prophet met me (on the way) while I was riding a camel of ours used for irrigation and it had got so tired that it could hardly walk. The Prophet asked me, "What is wrong with the camel?" I replied, "It has got tired." So. Allah's Apostle came from behind it and rebuked it and prayed for it so it started surpassing the other camels and going ahead of them. Then he asked me, "How do you find your camel (now)?" I replied, "I find it quite well, now as it has received your blessings." He said, "Will you sell it to me?" I felt shy (to refuse his offer) though it was the only camel for irrigation we had. So, I said, "Yes." He said, "Sell it to me then." I sold it to him on the condition that I should keep on riding it till I reached Medina. Then I said, "O Allah's Apostle! I am a bridegroom," and requested him to allow me to go home. He allowed me, and I set out for Medina before the people till I reached Medina, where I met my uncle, who asked me about the camel and I informed him all about it and he blamed me for that. When I took the permission of Allah's Apostle he asked me whether I had married a virgin or a matron and I replied that I had married a matron. He said, "Why hadn't you married a virgin who would have played with you, and you would have played with her?" I replied, "O Allah's Apostle! My father died (or was martyred) and I have some young sisters, so I felt it not proper that I should marry a young girl like them who would neither teach them manners nor serve them. So, I have married a matron so that she may serve them and teach them manners." When Allah's Apostle arrived in Medina, I took the camel to him the next morning and he gave me its price and gave me the camel itself as well.

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."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

Who, from among Ka`b's sons, was the guide of Ka`b when he became blind: I heard Ka`b bin Malik narrating the story of (the Ghazwa of) Tabuk in which he failed to take part. Ka`b said, "I did not remain behind Allah's Apostle in any Ghazwa that he fought except the Ghazwa of Tabuk, and I failed to take part in the Ghazwa of Badr, but Allah did not admonish anyone who had not participated in it, for in fact, Allah's Apostle had gone out in search of the caravan of Quraish till Allah made them (i.e. the Muslims) and their enemy meet without any appointment. I witnessed the night of Al-`Aqaba (pledge) with Allah's Apostle when we pledged for Islam, and I would not exchange it for the Badr battle although the Badr battle is more popular amongst the people than it (i.e. Al-`Aqaba pledge). As for my news (in this battle of Tabuk), I had never been stronger or wealthier than I was when I remained behind the Prophet in that Ghazwa. By Allah, never had I two she-camels before, but I had then at the time of this Ghazwa. Whenever Allah's Apostle wanted to make a Ghazwa, he used to hide his intention by apparently referring to different Ghazwa till it was the time of that Ghazwa (of Tabuk) which Allah's Apostle fought in severe heat, facing, a long journey, desert, and the great number of enemy. So the Prophet announced to the Muslims clearly (their destination) so that they might get prepared for their Ghazwa. So he informed them clearly of the destination he was going to. Allah's Apostle was accompanied by a large number of Muslims who could not be listed in a book namely, a register." Ka`b added, "Any man who intended to be absent would think that the matter would remain hidden unless Allah revealed it through Divine Revelation. So Allah's Apostle fought that Ghazwa at the time when the fruits had ripened and the shade looked pleasant. Allah's Apostle and his companions prepared for the battle and I started to go out in order to get myself ready along with them, but I returned without doing anything. I would say to myself, 'I can do that.' So I kept on delaying it every now and then till the people got ready and Allah's Apostle and the Muslims along with him departed, and I had not prepared anything for my departure, and I said, I will prepare myself (for departure) one or two days after him, and then join them.' In the morning following their departure, I went out to get myself ready but returned having done nothing. Then again in the next morning, I went out to get ready but returned without doing anything. Such was the case with me till they hurried away and the battle was missed (by me). Even then I intended to depart to take them over. I wish I had done so! But it was not in my luck. So, after the departure of Allah's Apostle, whenever I went out and walked amongst the people (i.e, the remaining persons), it grieved me that I could see none around me, but one accused of hypocrisy or one of those weak men whom Allah had excused. Allah's Apostle did not remember me till he reached Tabuk. So while he was sitting amongst the people in Tabuk, he said, 'What did Ka`b do?' A man from Banu Salama said, 'O Allah's Apostle! He has been stopped by his two Burdas (i.e. garments) and his looking at his own flanks with pride.' Then Mu`adh bin Jabal said, 'What a bad thing you have said! By Allah! O Allahs Apostle! We know nothing about him but good.' Allah's Apostle kept silent." Ka`b bin Malik added, "When I heard that he (i.e. the Prophet ) was on his way back to Medina. I got dipped in my concern, and began to think of false excuses, saying to myself, 'How can I avoid his anger tomorrow?' And I took the advice of wise member of my family in this matter. When it was said that Allah's Apostle, had come near all the evil false excuses abandoned from my mind and I knew well that I could never come out of this problem by forging a false statement. Then I decided firmly to speak the truth. So Allah's Apostle arrived in the morning, and whenever he returned from a journey., he used to visit the Mosque first of all and offer a two-rak`at prayer therein and then sit for the people. So when he had done all that (this time), those who had failed to join the battle (of Tabuk) came and started offering (false) excuses and taking oaths before him. They were something over eighty men; Allah's Apostle accepted the excuses they had expressed, took their pledge of allegiance asked for Allah's Forgiveness for them, and left the secrets of their hearts for Allah to judge. Then I came to him, and when I greeted him, he smiled a smile of an angry person and then said, 'Come on.' So I came walking till I sat before him. He said to me, 'What stopped you from joining us. Had you not purchased an animal For carrying you?' I answered, "Yes, O Allah's Apostle! But by Allah, if I were sitting before any person from among the people of the world other than you, I would have avoided his anger with an excuse. By Allah, I have been bestowed with the power of speaking fluently and eloquently, but by Allah, I knew well that if today I tell you a lie to seek your favor, Allah would surely make you angry with me in the near future, but if I tell you the truth, though you will get angry because of it, I hope for Allah's Forgiveness. Really, by Allah, there was no excuse for me. By Allah, I had never been stronger or wealthier than I was when I remained behind you.' Then Allah's Apostle said, 'As regards this man, he has surely told the truth. So get up till Allah decides your case.' I got up, and many men of Banu Salama followed me and said to me. 'By Allah, we never witnessed you doing any sin before this. Surely, you failed to offer excuse to Allah's Apostle as the others who did not join him, have offered. The prayer of Allah's Apostle to Allah to forgive you would have been sufficient for you.' By Allah, they continued blaming me so much that I intended to return (to the Prophet) and accuse myself of having told a lie, but I said to them, 'Is there anybody else who has met the same fate as I have?' They replied, 'Yes, there are two men who have said the same thing as you have, and to both of them was given the same order as given to you.' I said, 'Who are they?' They replied, Murara bin Ar-Rabi Al- Amri and Hilal bin Umaiya Al-Waqifi.' By that they mentioned to me two pious men who had attended the Ghazwa (Battle) of Badr, and in whom there was an example for me. So I did not change my mind when they mentioned them to me. Allah's Apostle forbade all the Muslims to talk to us, the three aforesaid persons out of all those who had remained behind in that Ghazwa. So we kept away from the people and they changed their attitude towards us till the very land (where I lived) appeared strange to me as if I did not know it. We remained in that condition for fifty nights. As regards my two fellows, they remained in their houses and kept on weeping, but I was the youngest of them and the firmest of them, so I used to go out and witness the prayers along with the Muslims and roam about in the markets, but none would talk to me, and I would come to Allah's Apostle and greet him while he was sitting In his gathering after the prayer, and I would wonder whether the Prophet did move his lips in return to my greetings or not. Then I would offer my prayer near to him and look at him stealthily. When I was busy with my prayer, he would turn his face towards me, but when I turned my face to him, he would turn his face away from me. When this harsh attitude of the people lasted long, I walked till I scaled the wall of the garden of Abu Qatada who was my cousin and dearest person to me, and I offered my greetings to him. By Allah, he did not return my greetings. I said, 'O Abu Qatada! I beseech you by Allah! Do you know that I love Allah and His Apostle?' He kept quiet. I asked him again, beseeching him by Allah, but he remained silent. Then I asked him again in the Name of Allah. He said, "Allah and His Apostle know it better.' Thereupon my eyes flowed with tears and I returned and jumped over the wall." Ka`b added, "While I was walking in the market of Medina, suddenly I saw a Nabati (i.e. a Christian farmer) from the Nabatis of Sham who came to sell his grains in Medina, saying, 'Who will lead me to Ka`b bin Malik?' The people began to point (me) out for him till he came to me and handed me a letter from the king of Ghassan in which the following was written: "To proceed, I have been informed that your friend (i.e. the Prophet ) has treated you harshly. Anyhow, Allah does not let you live at a place where you feel inferior and your right is lost. So join us, and we will console you." When I read it, I said to myself, 'This is also a sort of a test.' Then I took the letter to the oven and made a fire therein by burning it. When forty out of the fifty nights elapsed, behold ! There came to me the messenger of Allah's Apostle and said, 'Allah's Apostle orders you to keep away from your wife,' I said, 'Should I divorce her; or else! what should I do?' He said, 'No, only keep aloof from her and do not cohabit her.' The Prophet sent the same message to my two fellows. Then I said to my wife. 'Go to your parents and remain with them till Allah gives His Verdict in this matter." Ka`b added, "The wife of Hilal bin Umaiya came to Apostle and said, 'O Allah's Apostle! Hilal bin Umaiya is a helpless old man who has no servant to attend on him. Do you dislike that I should serve him? ' He said, 'No (you can serve him) but he should not come near you.' She said, 'By Allah, he has no desire for anything. By, Allah, he has never ceased weeping till his case began till this day of his.' (continued...) (continuing... 1): -5.702:... ... On that, some of my family members said to me, 'Will you also ask Allah's Apostle to permit your wife (to serve you) as he has permitted the wife of Hilal bin Umaiya to serve him?' I said, 'By Allah, I will not ask the permission of Allah's Apostle regarding her, for I do not know What Allah's Apostle would say if I asked him to permit her (to serve me) while I am a young man.' Then I remained in that state for ten more nights after that till the period of fifty nights was completed starting from the time when Allah's Apostle prohibited the people from talking to us. When I had offered the Fajr prayer on the 50th morning on the roof of one of our houses and while I was sitting in the condition which Allah described (in the Qur'an) i.e. my very soul seemed straitened to me and even the earth seemed narrow to me for all its spaciousness, there I heard the voice of one who had ascended the mountain of Sala' calling with his loudest voice, 'O Ka`b bin Malik! Be happy (by receiving good tidings).' I fell down in prostration before Allah, realizing that relief has come. Allah's Apostle had announced the acceptance of our repentance by Allah when he had offered the Fajr prayer. The people then went out to congratulate us. Some bringers of good tidings went out to my two fellows, and a horseman came to me in haste, and a man of Banu Aslam came running and ascended the mountain and his voice was swifter than the horse. When he (i.e. the man) whose voice I had heard, came to me conveying the good tidings, I took off my garments and dressed him with them; and by Allah, I owned no other garments than them on that day. Then I borrowed two garments and wore them and went to Allah's Apostle. The people started receiving me in batches, congratulating me on Allah's Acceptance of my repentance, saying, 'We congratulate you on Allah's Acceptance of your repentance." Ka`b further said, "When I entered the Mosque. I saw Allah's Apostle sitting with the people around him. Talha bin Ubaidullah swiftly came to me, shook hands with me and congratulated me. By Allah, none of the Muhajirin (i.e. Emigrants) got up for me except him (i.e. Talha), and I will never forget this for Talha." Ka`b added, "When I greeted Allah's Apostle he, his face being bright with joy, said "Be happy with the best day that you have got ever since your mother delivered you." Ka`b added, "I said to the Prophet 'Is this forgiveness from you or from Allah?' He said, 'No, it is from Allah.' Whenever Allah's Apostle became happy, his face would shine as if it were a piece of moon, and we all knew that characteristic of him. When I sat before him, I said, 'O Allah's Apostle! Because of the acceptance of my repentance I will give up all my wealth as alms for the Sake of Allah and His Apostle. Allah's Apostle said, 'Keep some of your wealth, as it will be better for you.' I said, 'So I will keep my share from Khaibar with me,' and added, 'O Allah's Apostle! Allah has saved me for telling the truth; so it is a part of my repentance not to tell but the truth as long as I am alive. By Allah, I do not know anyone of the Muslims whom Allah has helped fortelling the truth more than me. Since I have mentioned that truth to Allah's Apostle till today, I have never intended to tell a lie. I hope that Allah will also save me (from telling lies) the rest of my life. So Allah revealed to His Apostle the Verse:-- "Verily, Allah has forgiven the Prophet, the Muhajirin (i.e. Emigrants (up to His Saying) And be with those who are true (in word and deed)." (9.117-119) By Allah, Allah has never bestowed upon me, apart from His guiding me to Islam, a Greater blessing than the fact that I did not tell a lie to Allah's Apostle which would have caused me to perish as those who have told a lie perished, for Allah described those who told lies with the worst description He ever attributed to anybody else. Allah said:-- "They (i.e. the hypocrites) will swear by Allah to you when you return to them (up to His Saying) Certainly Allah is not pleased with the rebellious people-- " (9.95-96) Ka`b added, "We, the three persons, differed altogether from those whose excuses Allah's Apostle accepted when they swore to him. He took their pledge of allegiance and asked Allah to forgive them, but Allah's Apostle left our case pending till Allah gave His Judgment about it. As for that Allah said):-- And to the three (He did for give also) who remained behind." (9.118) What Allah said (in this Verse) does not indicate our failure to take part in the Ghazwa, but it refers to the deferment of making a decision by the Prophet about our case in contrast to the case of those who had taken an oath before him and he excused them by accepting their excuses.

This hadith has been narrated by another chain of transmitters like Abu Bakr b. Abi Shaiba, 'Abda b. Sulaiman Ibn Abi 'Umar Sufyan, 'Ubaidullah b. Mu'adh, Shu'ba; all of them heard it from Salih b. Salih.

Zaynab said, "I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! My daughter's husband died, and her eyes are troubling her, can she put kohl on them?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No' two or three times. Then he said, 'It is only four months and ten days. In the Jahiliyya, none of you threw away the piece of dung until a year had passed.' "

Humayd ibn Nafi said, "I asked Zaynab to explain what 'throwing away the piece of dung at the end of a year' meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal - a donkey, a sheep, or a bird, and she would break her idda with it, by rubbing her body against it (taftaddu). Rarely did she break her idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.' "

Malik explained, 'Taftaddu' means to wipe her skin with it in the same way as with a healing charm."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

Malik related to me from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whomever Allah protects from the evil of two things will enter the Garden." A man said, "Messenger of Allah, do not tell us!" The Messenger of Allah, may Allah bless him and grant him peace, was silent. Then the Messenger of Allah, may Allah bless him and grant him peace, repeated what he had said the first time. The man said to him, "Do not tell us, Messenger of Allah!" The Messenger of Allah, may Allah bless him and grant him peace, was silent. Then the Messenger of Allah, may Allah bless him and grant him peace, said the same thing again. The man said, "Do not tell us, Messenger of Allah!" Then the Messenger of Allah, may Allah bless him and grant him peace, said the same thing again. Then the man began to say what he had said previously and a man at his side silenced him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Whomever Allah protects from the evil of two things will enter the Garden. They are what is between his jaws and what is between his legs, what is between his jaws and what is between his legs, what is between his jaws and what is between his legs."

While the Prophet was distributing (war booty etc.) one day, Dhul Khawaisira, a man from the tribe of Bani Tamim, said, "O Allah's Apostle! Act justly." The Prophets said, "Woe to you! Who else would act justly if I did not act justly?" `Umar said (to the Prophet ), "Allow me to chop his neck off." The Prophet said, "No, for he has companions (who are apparently so pious that) if anyone of (you compares his prayer with) their prayer, he will consider his prayer inferior to theirs, and similarly his fasting inferior to theirs, but they will desert Islam (go out of religion) as an arrow goes through the victim's body (games etc.) in which case if its Nasl is examined nothing will be seen thereon, and if its Nady is examined, nothing will be seen thereon, and if its Qudhadh is examined, nothing will be seen thereon, for the arrow has gone out too fast even for the excretions and blood to smear over it. Such people will come out at the time of difference among the (Muslim) people and the sign by which they will be recognized, will be a man whose one of the two hands will look like the breast of a woman or a lump of flesh moving loosely." Abu Sa`id added, "I testify that I heard that from the Prophet and also testify that I was with `Ali when `Ali fought against those people. The man described by the Prophet was searched for among the killed, and was found, and he was exactly as the Prophet had described him." (See Hadith No. 807, Vol. 4)

Whenever Allah's Apostle went to Quba, he used to visit Um Haram bint Milhan who would offer him meals; and she was the wife of 'Ubada bin As-samit. One day he went to her house and she offered him a meal, and after that he slept, and then woke up smiling. She (Um Haram) said, "I asked him, 'What makes you laugh, O Allah's Apostle?' He said, 'Some people of my followers were displayed before me as warriors fighting for Allah's Cause and sailing over this sea, kings on thrones,' or said, 'like kings on thrones.' (The narrator, 'Is-haq is in doubt about it.) I (Um Haram) said, 'O Allah's Apostle! Invoke Allah that He may make me one of them.' He invoked (Allah) for her and then lay his head and slept again and then woke up smiling. I asked, 'What makes you laugh, O Allah's Apostle?' He said, 'Some people of my followers were displayed before me as warriors fighting for Allah's Cause and sailing over this sea, kings on the thrones,' or said, 'like kings on the thrones.' I (Um Haram) said, 'O Allah's Apostle! Invoke Allah that He may make me one of them.' He said, You will be amongst the first ones." It is said that Um Haram sailed over the sea at the time of Muawiya, and on coming out of the sea, she fell down from her riding animal and died.

Allah's Apostle narrated to us two narrations, one of which I have seen (happening) and I am waiting for the other. He narrated that honesty was preserved in the roots of the hearts of men (in the beginning) and then they learnt it (honesty) from the Qur'an, and then they learnt it from the (Prophet's) Sunna (tradition). He also told us about its disappearance, saying, "A man will go to sleep whereupon honesty will be taken away from his heart, and only its trace will remain, resembling the traces of fire. He then will sleep whereupon the remainder of the honesty will also be taken away (from his heart) and its trace will resemble a blister which is raised over the surface of skin, when an ember touches one's foot; and in fact, this blister does not contain anything. So there will come a day when people will deal in business with each other but there will hardly be any trustworthy persons among them. Then it will be said that in such-and-such a tribe there is such-and-such person who is honest, and a man will be admired for his intelligence, good manners and strength, though indeed he will not have belief equal to a mustard seed in his heart." The narrator added: There came upon me a time when I did not mind dealing with anyone of you, for if he was a Muslim, his religion would prevent him from cheating; and if he was a Christian, his Muslim ruler would prevent him from cheating; but today I cannot deal except with so-and-so and so-and-so. (See Hadith No. 208, Vol. 9)

There was some quarrel (sighting) among Bani `Amr, and when this news reached the Prophet, he offered the Zuhr prayer and went to establish peace among them. In the meantime the time of `Asr prayer was due, Bilal pronounced the Adhan and then the Iqama for the prayer and requested Abu Bakr (to lead the prayer) and Abu Bakr went forward. The Prophet arrived while Abu Bakr was still praying. He entered the rows of praying people till he stood behind Abu Bakr in the (first) row. The people started clapping, and it was the habit of Abu Bakr that whenever he stood for prayer, he never glanced side-ways till he had finished it, but when Abu Bakr observed that the clapping was not coming to an end, he looked and saw the Prophet standing behind him. The Prophet beckoned him to carry on by waving his hand. Abu Bakr stood there for a while, thanking Allah for the saying of the Prophet and then he retreated, taking his steps backwards. When the Prophet saw that, he went ahead and led the people in prayer. When he finished the prayer, he said, "O Abu Bakr! What prevented you from carrying on with the prayer after I beckoned you to do so?" Abu Bakr replied, "It does not befit the son of Abi Quhafa to lead the Prophet in prayer." Then the Prophet said to the people, "If some problem arises during prayers, then the men should say, Subhan Allah!; and the women should clap." (See Hadith No. 652, Vol. 1)

Allah's Apostle said, "Horses may be used for three purposes: For a man they may be a source of reward (in the Hereafter); for another, a means of protection; and for another, a source of sin. The man for whom they are a source of reward, is the one who keeps them for Allah's Cause and ties them with long ropes and lets them graze in a pasture or garden. Whatever those long ropes allow them to eat of that pasture or garden, will be written as good deeds for him and if they break their ropes and run one or two rounds, then all their footsteps and dung will be written as good deeds for him, and if they pass a river and drink from it though he has had no intention of watering them, even then, that will be written as good deeds for him. So such horses are a source of reward for that man. For the man who keeps horses for his livelihood in order not to ask others for help or beg his bread, and at the same time he does not forget Allah's right of what he earns through them and of their backs (that he presents it to be used in Allah's Cause), such horses are a shelter for him (from poverty). For the man who keeps them just out of pride and for showing off, they are a source of sin." Then Allah's Apostle was asked about donkeys. He said, "Allah has not revealed anything to me regarding them except this comprehensive Verse: "Then anyone who has done good, equal to the weight of an atom (or a small ant) shall see it, and any one who has done evil, equal to the weight of an atom (or a small ant) shall see it." (99.7-8)

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to pay the zakat al-fitr for those slaves of his that were at Wadi'l-Qura and Khaybar.

Yahya related to me that Malik said, "The best that I have heard about the zakat al-fitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs, his mudabbars, and his ordinary slaves, whether they are present or absent, as long as they are muslim, and whether or not they are fortrade. However, he does not have to pay zakat on any of them that are not muslim."

Malik said, concerning a runaway slave, "I think that his master should pay the zakat fo rhim whether or not he knows where he is, if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him.'

Malik said, "The zakat al-fitr has to be paid by people living in the desert (i.e. nomadic people) just as it has to be paid by people living in villages (i.e. settled people), because the Messenger of Allah, may Allah bless him and grant him peace, made the zakat al-fitr at the end of Ramadan obligatory on every muslim, whether freeman or slave, male or female."

Yahya related to me from Malik, from Abdullah ibn Dinar, that Abdullah ibn Umar used to say, "Anyone that does umra in the months of hajj, that is, in Shawwal, Dhu'l-Qada, or in Dhu'l-Hijja before the hajj, and then stays in Makka until the time for hajj, is doing tamattu if he then does hajj. He must sacrifice whatever animal it is easy for him to obtain, and if he cannot find one then he must fast three days during hajj and seven days when he returns."

Malik said, "This is only the case if he stays until the hajj and does hajj in that same year."

Malik said that if someone who was from Makka but had stopped living there and gone to live elsewhere, came back to do umra in the months of the hajj and then stayed in Makka to begin hajj there, he was doing tamattu, and had to offer up a sacrificial animal, or fast if he could not find one. He was not the same as the people of Makka.

Malik was asked whether someone who was not from Makka and entered Makka to do umra in the months of hajj with the intention of staying on to begin his hajj there was doing tamattu or not, and he said, "Yes, he is doing tamattu, and he is not the same as the people of Makka, even if he has the intention of staying there. This is because he has entered Makka, and is not one of its people, and making a sacrifice or fasting is incumbent on anyone who is not from Makka, and, although he intends to stay, he does not know what possibilities might arise later. He is not one of the people of Makka."