The Prophet once came out to us and said, "Some nations were displayed before me. A prophet would pass in front of me with one man, and another with two men, and another with a group of people. and another with nobody with him. Then I saw a great crowd covering the horizon and I wished that they were my followers, but it was said to me, 'This is Moses and his followers.' Then it was said to me, 'Look'' I looked and saw a big gathering with a large number of people covering the horizon. It was said, "Look this way and that way.' So I saw a big crowd covering the horizon. Then it was said to me, "These are your followers, and among them there are 70,000 who will enter Paradise without (being asked about their) accounts. " Then the people dispersed and the Prophet did not tell who those 70,000 were. So the companions of the Prophet started talking about that and some of them said, "As regards us, we were born in the era of heathenism, but then we believed in Allah and His Apostle . We think however, that these (70,000) are our offspring." That talk reached the Prophet who said, "These (70,000) are the people who do not draw an evil omen from (birds) and do not get treated by branding themselves and do not treat with Ruqya, but put their trust (only) in their Lord." then 'Ukasha bin Muhsin got up and said, "O Allah's Apostle! Am I one of those (70,000)?" The Prophet said, "Yes." Then another person got up and said, "Am I one of them?" The Prophet said, " 'Ukasha has anticipated you."

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`

The Messenger of Allah (saws) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her.

Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah.

Ibn Yahya and `Amr added in their version : “ There will appear among my community people who will be dominated by desires like rabies which penetrates its patient”, `Amr’s version has: “penetrates its patient. There remains no vein and no joint but it penetrates it.”

`Umar saw a silk suit being sold, so he said, "O Allah's Apostle! Why don't you buy it so that you may wear it when delegates come to you, and also on Fridays?" The Prophet said, "This is worn only by him who has no share in the Hereafter." Afterwards the Prophet sent to `Umar a silk suit suitable for wearing. `Umar said to the Prophet, "You have given it to me to wear, yet I have heard you saying about it what you said?" The Prophet said, "I sent it to you so that you might either sell it or give it to somebody else to wear."

The Prophet said, "Whoever has eaten garlic or onion, should keep away from us, or should keep away from our mosque and should stay at home." Ibn Wahb said, "Once a plate full of cooked vegetables was brought to the Prophet at Badr. Detecting a bad smell from it, he asked about the dish and was informed of the kinds of vegetables in contained. He then said, "Bring it near," and so it was brought near to one of his companions who was with him. When the Prophet saw it, he disliked eating it and said (to his companion), "Eat, for I talk in secret to ones whom you do not talk to."

Yahya related to me from Malik from Yahya ibn Said from Bukayr ibn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash al Ansari from Ata ibn Yasar that a man came and asked Abdullah ibn Amr ibn al-As about a man who divorced his wife three times before he had had intercourse with her Ata said, "The divorce of the virgin is one. Abdullah ibn Amr ibn al-As said to me, 'You say one pronouncement separates her and three makes her haram until she has married another husband.' "

Once the Prophet ascended the pulpit and it was the last gathering in which he took part. He was covering his shoulder with a big cloak and binding his head with an oily bandage. He glorified and praised Allah and said, "O people! Come to me." So the people came and gathered around him and he then said, "Amma ba'du." "From now onward the Ansar will decrease and other people will increase. So anybody who becomes a ruler of the followers of Muhammad and has the power to harm or benefit people then he should accept the good from the benevolent amongst them (Ansar) and overlook the faults of their wrong-doers."

`Umar bin Al-Khattab recited Surat-an-Nahl on a Friday on the pulpit and when he reached the verse of Sajda he got down from the pulpit and prostrated and the people also prostrated. The next Friday `Umar bin Al-Khattab recited the same Sura and when he reached the verse of Sajda he said, "O people! When we recite the verses of Sajda (during the sermon) whoever prostrates does the right thing, yet it is no sin for the one who does not prostrate." And `Umar did not prostrate (that day). Added Ibn `Umar "Allah has not made the prostration of recitation compulsory but if we wish we can do it."

We were afflicted with hunger during the besiege of Khaibar, and when it was the day of (the battle of) Khaibar, we slaughtered the donkeys and when the pots got boiling (with their meat). Allah's Apostle made an announcement that all the pots should be upset and that nobody should eat anything of the meat of the donkeys. We thought that the Prophet prohibited that because the Khumus had not been taken out of the booty (i.e. donkeys); other people said, "He prohibited eating them for ever." The sub-narrator added, "I asked Sa`id bin Jubair who said, 'He has made the eating of donkeys' meat illegal for ever.")

We proceeded in the company of the Messenger of Allah (saws) for the battle of Dhat ar-Riqa. One of the Muslims killed the wife of one of the unbelievers. He (the husband of the woman killed) took an oath saying: I shall not rest until I kill one of the companions of Muhammad.

He went out following the footsteps of the Prophet (saws). The Prophet (saws) encamped at a certain place. He said: Who will keep a watch on us? A person from the Muhajirun (Emigrants) and another from the Ansar (Helpers) responded. He said: Go to the mouth of the mountain-pass. When they went to the mouth of the mountain-pass the man from the Muhajirun lay down while the man from the Ansar stood praying.

The man (enemy) came to them. When he saw the person he realised that he was the watchman of the Muslims. He shot him with an arrow and hit the target. But he (took the arrow out and) threw it away. He (the enemy) then shot three arrows. Then he (the Muslim) bowed and prostrated and awoke his companion. When he (the enemy) perceived that they (the Muslims) had become aware of his presence, he ran away.

When the man from the Muhajirun saw the (man from the Ansar) bleeding, he asked him: Glory be to Allah! Why did you not wake me up the first time when he shot at you.

He replied: I was busy reciting a chapter of the Qur'an. I did not like to leave it.

`Urwa bin Az-Zubair said that he asked `Aisha about the meaning of the Qur'anic Verse:-- "And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (4.2-3) Aisha said, "It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah's Apostle about it. So Allah revealed the following Verse:-- "They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

Husayn ibn al-Harith al-Jadli from the tribe of Jadilah Qays said: The governor of Mecca delivered a speech and said: The Messenger of Allah (saws) took a pledge from us that we should perform the rites of hajj after sighting the moon. If we do not sight it and two reliable persons bear witness, we should perform the rites of hajj on the basis of their witness.

I then asked al-Husayn ibn al-Harith: Who was the governor of Mecca? He replied: I do not know. He then met me later on and told me: He was al-Harith ibn Hatib, brother of Muhammad ibn Hatib. The governor then said: There is among you a man who is more acquainted with Allah and His Apostle than I. He witnessed this from the Messenger of Allah (saws). He then pointed with his hand to a man. Al-Husayn said: I asked an old man beside me: Who is that man to whom the governor has alluded?

He said: "This is Abdullah ibn Umar, and he spoke the truth. He was more acquainted with Allah than he. He (Abdullah ibn Umar) said: For this is what the Messenger of Allah (saws) commanded us (to do).

Abdullah ibn Zalim al-Mazini said: I heard Sa'id ibn Zayd ibn Amr ibn Nufayl say: When so and so came to Kufah, and made so and so stand to address the people, Sa'id ibn Zayd caught hold of my hand and said: Are you seeing this tyrant? I bear witness to the nine people that they will go to Paradise. If I testify to the tenth too, I shall not be sinful.

I asked: Who are the nine? He said: The Messenger of Allah (saws) said when he was on Hira': Be still, Hira', for only a Prophet, or an ever-truthful, or a martyr is on you. I asked: Who are those nine? He said: The Messenger of Allah, AbuBakr, Umar, Uthman, Ali, Talhah, az-Zubayr, Sa'd ibn AbuWaqqas and AbdurRahman ibn Awf. I asked: Who is the tenth? He paused a moment and said: it is I.

Abu Dawud said: This tradition has been transmitted by al-Ashja'i, from Sufyan, from Mansur, from Hilal b. Yasaf, from Ibn Hayyan on the authority of 'Abd Allah b. Zalim through his different chain of narrators in a a similar manner.

Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, "If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce."

Malik said, "That is what is done among us and there is no dispute about it."

(the wife of the Prophet) `Umar bin Al-Khattab used to say to Allah's Apostle "Let your wives be veiled" But he did not do so. The wives of the Prophet used to go out to answer the call of nature at night only at Al-Manasi.' Once Sauda, the daughter of Zam`a went out and she was a tall woman. `Umar bin Al-Khattab saw her while he was in a gathering, and said, "I have recognized you, O Sauda!" He (`Umar) said so as he was anxious for some Divine orders regarding the veil (the veiling of women.) So Allah revealed the Verse of veiling. (Al-Hijab; a complete body cover excluding the eyes). (See Hadith No. 148, Vol. 1)

Malik said, I still hear that when a person in ihram kills an ostrich, a camel is due."

Malik said, "I think that for an ostrich egg, one tenth of the price of a camel is due in the same way that there is a newly-born male or female slave for the unborn child of a free woman. The value of the newly-born slave is fifty dinars, and that is one-tenth of what the blood-money for the mother would be.

"Birds from the eagle family, eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid, the assessment is the same, whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman, are considered to be the same."

(freed slave of) Ziyad: I heard Abu Sa`id Al-khudri narrating four things from the Prophet and I appreciated them very much. He said, conveying the words of the Prophet. (1) "A woman should not go on a two day journey except with her husband or a Dhi-Mahram. (2) No fasting is permissible on two days: `Id-ul-Fitr and `Id-ul-Adha. (3) No prayer after two prayers, i.e. after the Fajr prayer till the sunrises and after the `Asr prayer till the sun sets. (4) Do not prepare yourself for a journey except to three Mosques, i.e. Al-Masjid-AI-Haram, the Mosque of Aqsa (Jerusalem) and my Mosque."

That the Messenger of Allah (saws) said: "Deeds are but with intentions, and for the man is only what he intended. So one whose emigration was to Allah and His Messenger, then his emigration was to Allah and His Messenger. And one whose emigration was to the world, to attain some of it, or woman, to marry her, then his emigration was to what he emigrated.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Malik bin Anas, Sufyan Ath-Thawri and more than one of the A'immah narrated this Hadith from Yahya bin Sa'eed. And we do not know of it except as a narration from Yahya bin Sa'eed Al-Ansari. 'Abdur Rahman bin Mahdi said: "It is necessary that we put this Hadith in every chapter."

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Ya'qub that he heard Abu's-Sa'ib, the mawla of Hisham ibn Zuhra, say he had heard Abu Hurayra say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Whoever prays a prayer without reciting the umm al-Qur'an in it, his prayer is aborted, it is aborted, it is aborted, incomplete.' So I said, 'Abu Hurayra, sometimes I am behind the imam.'Hepulled my forearm and said, 'Recite it to yourself, O Persian, for I heard the Messenger of Allah, may Allah bless him and grant him peace, say that Allah the Blessed, the Exalted, said, "I have divided the prayer into two halves between me and my slave. One half of it is for Me and one half of it is for IVly slave, and My slave has what he asks." ' The Messenger of Allah, may Allah bless him and grant him peace, said, "Recite." The slave says, 'Praise be to AIIah, the Lord of theWorlds.' Allah the Blessed, the Exalted, says, 'My slave has praised Me.' The slave says, 'The Merciful, the Compassionate.' Allah says, 'My slave has spoken well of Me.' The slave says, 'Master of the Day of the Deen.' Allah says, 'My slave has glorified Me.' The slave says, 'You alone we worship and You alone we askforhelp.'Allahsays,'This ayat is between Me and My slave, and for My slave is what he asks. 'The slave says, 'Guide us in the straight Path, the Path of those whom You have blessed, not of those with whom You are angry, nor those who are in error. ' Allah says, 'These are for My slaves, and for my slave is what he asks . ' " ' "

Abraham did not tell a lie except on three occasion. Twice for the Sake of Allah when he said, "I am sick," and he said, "(I have not done this but) the big idol has done it." The (third was) that while Abraham and Sarah (his wife) were going (on a journey) they passed by (the territory of) a tyrant. Someone said to the tyrant, "This man (i.e. Abraham) is accompanied by a very charming lady." So, he sent for Abraham and asked him about Sarah saying, "Who is this lady?" Abraham said, "She is my sister." Abraham went to Sarah and said, "O Sarah! There are no believers on the surface of the earth except you and I. This man asked me about you and I have told him that you are my sister, so don't contradict my statement." The tyrant then called Sarah and when she went to him, he tried to take hold of her with his hand, but (his hand got stiff and) he was confounded. He asked Sarah. "Pray to Allah for me, and I shall not harm you." So Sarah asked Allah to cure him and he got cured. He tried to take hold of her for the second time, but (his hand got as stiff as or stiffer than before and) was more confounded. He again requested Sarah, "Pray to Allah for me, and I will not harm you." Sarah asked Allah again and he became alright. He then called one of his guards (who had brought her) and said, "You have not brought me a human being but have brought me a devil." The tyrant then gave Hajar as a girl-servant to Sarah. Sarah came back (to Abraham) while he was praying. Abraham, gesturing with his hand, asked, "What has happened?" She replied, "Allah has spoiled the evil plot of the infidel (or immoral person) and gave me Hajar for service." (Abu Huraira then addressed his listeners saying, "That (Hajar) was your mother, O Bani Ma-is-Sama (i.e. the Arabs, the descendants of Ishmael, Hajar's son).

The Prophet (saws) said: If anyone resorts to a diviner and believes in what he says (according) to the version of Musa), or has intercourse with his wife (according to the agreed version) when she is menstruating, or has intercourse with his wife through her anus, he has nothing to do with what has been sent down to Muhammad (saws) - according to the version of Musaddad.

A funeral procession passed and the people praised the deceased. The Prophet said, "It has been affirmed to him." Then another funeral procession passed and the people spoke badly of the deceased. The Prophet said, "It has been affirmed to him". `Umar bin Al-Khattab asked (Allah's Apostle (p.b.u.h) ), "What has been affirmed?" He replied, "You praised this, so Paradise has been affirmed to him; and you spoke badly of this, so Hell has been affirmed to him. You people are Allah's witnesses on earth."

A hadith like this has been transmitted by Anas, but no mention has been made of Pilgrimage.

The companions of Suffa were poor people. The Prophet once said, "Whoever has food enough for two persons, should take a third one (from among them), and whoever has food enough for four persons, should take a fifth or a sixth (or said something similar)." Abu Bakr brought three persons while the Prophet took ten. And Abu Bakr with his three family member (who were I, my father and my mother) (the sub-narrator is in doubt whether `Abdur-Rahman said, "My wife and my servant who was common for both my house and Abu Bakr's house.") Abu Bakr took his supper with the Prophet and stayed there till he offered the `Isha' prayers. He returned and stayed till Allah's Apostle took his supper. After a part of the night had passed, he returned to his house. His wife said to him, "What has detained you from your guests?" He said, "Have you served supper to them?" She said, "They refused to take supper until you come. They (i.e. some members of the household) presented the meal to them but they refused (to eat)" I went to hide myself and he said, "O Ghunthar!" He invoked Allah to cause my ears to be cut and he rebuked me. He then said (to them): Please eat!" and added, I will never eat the meal." By Allah, whenever we took a handful of the meal, the meal grew from underneath more than that handful till everybody ate to his satisfaction; yet the remaining food was more than the original meal. Abu Bakr saw that the food was as much or more than the original amount. He called his wife, "O sister of Bani Firas!" She said, "O pleasure of my eyes. The food has been tripled in quantity." Abu Bakr then started eating thereof and said, "It (i.e. my oath not to eat) was because of Sa all." He took a handful from it, and carried the rest to the Prophet. So that food was with the Prophet . There was a treaty between us and some people, and when the period of that treaty had elapsed, he divided US into twelve groups, each being headed by a man. Allah knows how many men were under the command of each leader. Anyhow, the Prophet surely sent a leader with each group. Then all of them ate of that meal.

While I was at Yemen, I met two men from Yemen called Dhu Kala and Dhu `Amr, and I started telling them about Allah's Apostle. Dhu `Amr said to me, "If what you are saying about your friend (i.e. the Prophet) is true, then he has died three days ago." Then both of them accompanied me to Medina, and when we had covered some distance on the way to Medina, we saw some riders coming from Medina. We asked them and they said, "Allah's Apostle has died and Abu Bakr has been appointed as the Caliph and the people are in a good state.' Then they said, "Tell your friend (Abu Bakr) that we have come (to visit him), and if Allah will, we will come again." So they both returned to Yemen. When I told Abu Bakr their statement, he said to me, "I wish you had brought them (to me)." Afterwards I met Dhu `Amr, and he said to me, "O Jarir! You have done a favor to me and I am going to tell you something, i.e. you, the nation of 'Arabs, will remain prosperous as long as you choose and appoint another chief whenever a former one is dead. But if authority is obtained by the power of the sword, then the rulers will become kings who will get angry, as kings get angry, and will be delighted as kings get delighted."

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

Once a daughter of Allah's Apostle sent a message to Allah's Apostle while Usama, Sa`d, and my father or Ubai were (sitting there) with him. She said, (in the message); My child is going to die; please come to us." Allah's Apostle returned the messenger and told him to convey his greetings to her, and say, "Whatever Allah takes, is for Him and whatever He gives is for Him, and everything with Him has a limited fixed term (in this world): so she should be patient and hope for Allah's reward." Then she again sent for him swearing that he should come; so The Prophet got up, and so did we. When he sat there (at the house of his daughter), the child was brought to him, and he took him into his lap while the child's breath was disturbed in his chest. The eyes of Allah's Apostle started shedding tears. Sa`d said, "What is this, O Allah's Apostle?" The Prophet said, "This is the mercy which Allah has lodged in the hearts of whoever He wants of His slaves, and verily Allah is merciful only to those of His slaves who are merciful (to others).'

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.?"

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

This hadith has been narrated by Qatada, but here no mention has been made of" There is no explation for it except this."

Yahya said that Malik spoke about an investor who put qirad money with an agent who bought goods with it, and the investor told him to sell them. The agent said that he did not see any way to sell at that time and they quarrelled about it. He said, "One does not look at the statement of either of them. The people of experience and insight concerning such goods are asked about these goods. If they can see anyway of selling them they are sold for them. If they think it is time to wait, they should wait."

Malik spoke about a man who took qirad money from an investor and used it and when the investor asked him for his money, he said that he had it in full. When he held him to his settlement he admitted that "Such-and-such of it was lost with me," and he named an amount of money. "I told you that so that you would leave it with me." Malik said, "He does not benefit by denying it after he had confirmed that he had it all . He is answerable by his confession against himself unless he produces evidence about the loss of that property which confirms his statement. If he does not produce an acceptable reason he is answerable by his confession, and his denial does not avail him."

Malik said, "Similarly, had he said, 'I have had such-and-such a profit from the capital,' and then the owner of the capital asked him to pay him the principal and his profit, and he said that he had not had any profit in it and had said that only so it might be left in his possession, it does not benefit him. He is taken to account for what he affirmed unless he brings acceptable proof of his word, so that the first statement is not binding on him."

Malik spoke about an investor who put qirad money with an agent who made a profit with it. The agent said, "I took the qirad from you provided that I would have two-thirds." The owner of the capital says, "I gave you a qirad provided that you had a third." Malik said, "The word is the word of the agent, and he must take an oath on that if what he says resembles the known practice of qirad or is close to it. If he brings a matter which is unacceptable and people do not make qirads like that, he is not believed, and it is judged to be according to how a qirad like it would normally be."

Malik spoke about a man who gave a man one hundred dinars as a qirad. He bought goods with it and then went to pay the one hundred dinars to the owner of the goods and found that they had been stolen. The investor says, "Sell the goods. If there is anything over, it is mine. If there is a loss, it is against you because you lost it." The agent says, "Rather you must fulfil what the seller is owed. I bought them with your capital which you gave me." Malik said, "The agent is obliged to pay the price to the seller and the investor is told, 'If you wish, pay the hundred dinars to the agent and the goods are between you. The qirad is according to what the first hundred was based on. If you wish, you are free of the goods.' If the hundred dinars are paid to the agent, it is a qirad according to the conditions of the first qirad. If he refuses, the goods belong to the agent and he must pay their price."

Malik spoke about two people in a qirad who settled up and the agent still had some of the goods which he used - threadbare cloth or a waterskin or the like of that. Malik said, "Any of that which is insignificant is of no importance and belongs to the agent. I have not heard anyone give a decision calling for the return of that. Anything which has a price is returned. If it is something which has value like an animal, camel, coarse cloth or the like of that which fetches a price, I think that he should return what he has remaining of such things unless the owner overlooks it."

Abu Dawud said “The opinion of Ibn ‘Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from ‘Abd Ar Razzaq from Ma’mar from Al Zuhri from Abu Salamah din Abd Al Rahman bin ‘Awf and Muhammad bin ‘Abd Al Rahman bin Thawban from Muhammad bin Iyas that Ibn ‘Abbas, Abu Hurairah and ‘Abd Alah bin ‘Amr bin Al ‘As were asked about a virgin who is divorced three times by her husband. They all said “She is not lawful for him until she marries a man other than her former husband.” Abu Dawud said “Malik narrated from Yahya bin Sa’id from Bukair bin Al Ashajj from Mu’awiyah bin Abi ‘Ayyash who was present on this occasion when Muhammad bin Iyas bin Al Bukair came to Ibn Al Zubair and Asim in ‘Umar. He asked them about this matter. They replied “Go to Ibn ‘Abbas and Abu Hurairah, I have left them with A’ishah (may Allaah be pleased with her). He then narrated the rest of the tradition.”

Abu Dawud said “The statement of Ibn ‘Abbas goes “The divorce by three pronouncements separates the wife from husband whether the marriage has been consummated or not, the previous husband is not lawful for her until she marries a man other than her husband”. This statement is like the tradition which deals with the exchange of money. In this tradition the narrator said “Ibn ‘Abbas withdrew his opinion.”"