Khalid ibn Dihqan said: When we were engaged in the battle of Constantinople at Dhuluqiyyah, a man of the people of Palestine, who was one of their nobility and elite and whose rank was known to them, came forward. He was called Hani ibn Kulthum ibn Sharik al-Kinani. He greeted Abdullah ibn Zakariyya who knew his rank.

Khalid said to us: Abdullah ibn AbuZakariyya told us: I heard Umm ad-Darda' say: I heard AbudDarda' say: I heard the Messenger of Allah (saws) say: It is hoped that Allah may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.

Hani ibn Kulthum ar-Rabi' then said: I heard Mahmud ibn ar-Rabi' transmitting a tradition from Ubadah ibn as-Samit who transmitted from the Messenger of Allah (saws) who said: If a man kills a believer unjustly, Allah will not accept any action or duty of his, obligatory or supererogatory.

Khalid then said to us: Ibn AbuZakariyya transmitted a tradition to us from Umm ad-Darda' on the authority of AbudDarda' from the Messenger of Allah (saws) who said: A believer will continue to go on quickly and well so long as he does not shed unlawful blood; when he sheds unlawful blood, he becomes slow and heavy-footed.

A similar tradition has been transmitted by Hani ibn Kulthum from Mahmud ibn ar-Rabi' on the authority of Ubadah ibn as-Samit from the Messenger of Allah (saws).

Malik related to me from Zayd ibn Aslam that his father said, "Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab went out with the army to Iraq. On the way home, they passed by Abu Musa al- Ashari who was the amir of Basra. He greeted them and made them welcome, and told them that if there was anything he could do to help them, he would do it. Then he said, 'There is some of the property of Allah which I want to send to the amir al-muminin, so I will lend it to you, and you can buy wares from Iraq and sell them in Madina. Then give the principal to the amir al-muminin, and you keep the profit.' They said that they would like to do it, and so he gave them the money and wrote to Umar ibn al-Khattab to take the money from them. When they came to sell they made a profit, and when they paid the principal to Umar he asked, 'Did he lend everyone in the army the like of what he lent you?' They said, 'No.' Umar ibn al-Khattab said, 'He made you the loan, because you are the sons of the amir al-muminin, so pay the principal and the profit.' Abdullah was silent. Ubaydullah said, 'You do not need to do this, amir al-muminin. Had the principal decreased or been destroyed, we would have guaranteed it.' Umar said, 'Pay it.' Abdullah was silent, and Ubaydullah repeated it. A man who was sitting with Umar said, 'Amir al-muminin, better that you make it a qirad. 'Umar said, 'I have made it qirad.' Umar then took the principal and half of the profit, and Abdullah and Ubaydullah, the sons of Umar ibn al-Khattab took half of the profit."

Allah's Apostle said, "Allah will gather all the people on the Day of Resurrection and they will say, 'Let us request someone to intercede for us with our Lord so that He may relieve us from this place of ours.' Then they will go to Adam and say, 'You are the one whom Allah created with His Own Hands, and breathed in you of His soul, and ordered the angels to prostrate to you; so please intercede for us with our Lord.' Adam will reply, 'I am not fit for this undertaking, and will remember his sin, and will say, 'Go to Noah, the first Apostle sent by Allah' They will go to him and he will say, 'I am not fit for this undertaking', and will remember his sin and say, 'Go to Abraham whom Allah took as a Khalil. They will go to him (and request similarly). He will reply, 'I am not fit for this undertaking,' and will remember his sin and say, 'Go to Moses to whom Allah spoke directly.' They will go to Moses and he will say, 'I am not fit for this undertaking,' and will remember his sin and say, 'Go to Jesus.' They will go to him, and he will say, 'I am not fit for this undertaking, go to Muhammad as Allah has forgiven his past and future sins.' They will come to me and I will ask my Lord's permission, and when I see Him, I will fall down in prostration to Him, and He will leave me in that state as long as (He) Allah will, and then I will be addressed. 'Raise up your head (O Muhammad)! Ask, and your request will be granted, and say, and your saying will be listened to; intercede, and your intercession will be accepted.' Then I will raise my head, and I will glorify and praise my Lord with a saying(i.e. invocation) He will teach me, and then I will intercede, Allah will fix a limit for me (i.e., certain type of people for whom I may intercede), and I will take them out of the (Hell) Fire and let them enter Paradise. Then I will come back (to Allah) and fall in prostration, and will do the same for the third and fourth times till no-one remains in the (Hell) Fire except those whom the Qur'an has imprisoned therein." (The sub-narrator, Qatada used to say at that point, "...those upon whom eternity (in Hell) has been imposed.") (See Hadith No. 3, Vol 6).

I heard Anas bin Malik saying, "On a Friday a person entered the main Mosque through the gate facing the pulpit while Allah's Apostle was delivering the Khutba. The man stood in front of Allah's Apostle and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off; so please pray to Allah for rain.' " Anas added, "Allah's Apostle (p.b.u.h) raised both his hands and said, 'O Allah! Bless us with rain! O Allah! Bless us with rain! O Allah! Bless us with rain!' " Anas added, "By Allah, we could not see any trace of cloud in the sky and there was no building or a house between us and (the mountains of) Sila." Anas added, "A heavy cloud like a shield appeared from behind it (i.e. Sila' Mountain). When it came in the middle of the sky, it spread and then rained." Anas further said, "By Allah! We could not see the sun for a week. Next Friday a person entered through the same gate and at that time Allah's Apostle was delivering the Friday's Khutba. The man stood in front of him and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off, please pray to Allah to withhold rain.' " Anas added, "Allah's Apostle I raised both his hands and said, 'O Allah! Round about us and not on us. O Allah! On the plateaus, on the mountains, on the hills, in the valleys and on the places where trees grow.' So the rain stopped and we came out walking in the sun." Sharik asked Anas whether it was the same person who had asked for the rain (the last Friday). Anas replied that he did not know.

Asma' bint Al Bakr said, "I came to `Aisha the wife of the Prophet (p.b.u.h) during the solar eclipse. The people were standing and offering the prayer and she was also praying too. I asked her, 'What has happened to the people?' She pointed out with her hand towards the sky and said, 'Subhan-Allah'. I said, 'Is there a sign?' She pointed out in the affirmative." Asma' further said, "I too then stood up for the prayer till I fainted and then poured water on my head. When Allah's Apostle had finished his prayer, he thanked and praised Allah and said, 'I have seen at this place of mine what I have never seen even Paradise and Hell. No doubt, it has been inspired to me that you will be put to trial in the graves like or nearly like the trial of (Masih) Ad-Dajjal. (I do not know which one of the two Asma' said.) (The angels) will come to everyone of you and will ask what do you know about this man (i.e. Muhammad). The believer or a firm believer (I do not know which word Asma' said) will reply, 'He is Muhammad, Allah's Apostle (p.b.u.h) who came to us with clear evidences and guidance, so we accepted his teachings, believed and followed him.' The angels will then say to him, 'Sleep peacefully as we knew surely that you were a firm believer.' The hypocrite or doubtful person (I do not know which word Asma' said) will say, 'I do not know. I heard the people saying something so I said it (the same).' "

Abu Dawud and others have said: When a she-camel enters fourth year, the female is called hiqqah, and the male is called hiqq, for it deserves that it should be loaded and ridden. When a camel enters its fifth year, the male is called Jadha' and the female is called Jadha'ah. When it enters its sixth year, and sheds its front teeth, it is called thani (male) and thaniyyah (female). When it enters its seventh year, it is called raba' and raba'iyyah. When it enters its ninth year and cuts its canine teeth, it is called bazil. When it enters its tenth year, it is called mukhlif. Then there is no name for it, but is called bazil'am and bazil'amain, and mukhlif'am and mukhlif'amain, upto any year it increases. Nad d. Shumail said: Bint makhad is a she-camel of one year, and bin labun is s she-camel of two years, hiqqah is a she-camel of three years, jadha'ah is a she-camel of four years, thani is a camel of five years, raba' is a camel of six years, sadis is a camel of seven years, and bazil is a camel of eight years.

Abu Dawud said: Abu Hatim and al-Asma'i said: Al-Jadhu'ah is a time when no tooth is growing. Abu Hatim said: Some of them said: When it sheds its teeth between front and canine teeth, it is called raba' and when it sheds its front teeth, it is called thani. Abu 'Ubaid said: When it becomes pregnant, it is called khalifah, and it remains khalifah for ten months; when it reaches ten months, it is called 'ushara', Abu Hatim said: When it shed its front teeth, it is called thani and when it sheds its teeth between front and canine teeth it is called raba'.

Abyad spoke to the Messenger of Allah (saws) about sadaqah when he came along with a deputation to him.

He replied: O brother of Saba', sadaqah is unavoidable. He said: We cultivated cotton, Messenger of Allah. The people of Saba' scattered, and there remained only a few at Ma'arib.

He therefore concluded a treaty of peace with the Messenger of Allah (saws) to give seventy suits of cloth, equivalent to the price of the Yemeni garments known as al-mu'afir, to be paid every year on behalf of those people of Saba' who remained at Ma'arib.

They continued to pay them till the Messenger of Allah (saws) died.

The governors after the death of the Messenger of Allah (saws) broke the treaty concluded by Abyad by Hammal with the Messenger of Allah (saws) to give seventy suits of garments.

AbuBakr then revived it as the Messenger of Allah (saws) had done till AbuBakr died. When AbuBakr died, it was discontinued and the sadaqah was levied.

I was sitting in the company of the poor members of the emigrants. Some of them were sitting together because of lack of clothing while a reader was reciting to us. All of a sudden the Messenger of Allah (saws) came along and stood beside us. When the Messenger of Allah (saws) stood, the reader stopped and greeted him.

He asked: What were you doing? We said: Messenger of Allah! We had a reader who was reciting to us and we were listening to the Book of Allah, the Exalted.

The Messenger of Allah (saws) then said: Praise be to Allah Who has put among my people those with whom I have been ordered to stay. The Messenger of Allah (saws) then sat among us so as to be like one of us, and when he had made a sign with his hand they sat in a circle with their faces turned towards him.

The narrator said: I think that the Messenger of Allah (saws) did not recognize any of them except me.

The Messenger of Allah (saws) then said: Rejoice, you group of poor emigrants, in the announcement that you will have perfect light on the Day of Resurrection. You will enter Paradise half a day before the rich, and that is five hundred years.

Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' "

There was a disagreement between them (i.e. Ibn `Abbas and Ibn Az-Zubair) so I went to Ibn `Abbas in the morning and said (to him), "Do you want to fight against Ibn Zubair and thus make lawful what Allah has made unlawful (i.e. fighting in Meccas?" Ibn `Abbas said, "Allah forbid! Allah ordained that Ibn Zubair and Bani Umaiya would permit (fighting in Mecca), but by Allah, I will never regard it as permissible." Ibn `Abbas added. "The people asked me to take the oath of allegiance to Ibn AzZubair. I said, 'He is really entitled to assume authority for his father, Az-Zubair was the helper of the Prophet, his (maternal) grandfather, Abu Bakr was (the Prophet's) companion in the cave, his mother, Asma' was 'Dhatun-Nitaq', his aunt, `Aisha was the mother of the Believers, his paternal aunt, Khadija was the wife of the Prophet , and the paternal aunt of the Prophet was his grandmother. He himself is pious and chaste in Islam, well versed in the Knowledge of the Qur'an. By Allah! (Really, I left my relatives, Bani Umaiya for his sake though) they are my close relatives, and if they should be my rulers, they are equally apt to be so and are descended from a noble family.

`Abdullah bin Mas`ud related to us two narrations: One from the Prophet and the other from himself, saying: A believer sees his sins as if he were sitting under a mountain which, he is afraid, may fall on him; whereas the wicked person considers his sins as flies passing over his nose and he just drives them away like this." Abu Shihab (the sub-narrator) moved his hand over his nose in illustration. (Ibn Mas`ud added): Allah's Apostle said, "Allah is more pleased with the repentance of His slave than a man who encamps at a place where his life is jeopardized, but he has his riding beast carrying his food and water. He then rests his head and sleeps for a short while and wakes to find his riding beast gone. (He starts looking for it) and suffers from severe heat and thirst or what Allah wished (him to suffer from). He then says, 'I will go back to my place.' He returns and sleeps again, and then (getting up), he raises his head to find his riding beast standing beside him."

The Prophet mentioned a man from the previous generation or from the people preceding your age whom Allah had given both wealth and children. The Prophet said, "When the time of his death approached, he asked his children, 'What type of father have I been to you?' They replied: You have been a good father. He said, 'But he (i.e. your father) has not stored any good deeds with Allah (for the Hereafter): if he should face Allah, Allah will punish him. So listen, (O my children), when I die, burn my body till I become mere coal and then grind it into powder, and when there is a stormy wind, throw me (my ashes) in it.' So he took a firm promise from his children (to follow his instructions). And by Allah they (his sons) did accordingly(fulfilled their promise.) Then Allah said, "Be"' and behold! That man was standing there! Allah then said. "O my slave! What made you do what you did?" That man said, "Fear of You." So Allah forgave him.

That his father said "We proceeded with the Prophet in the year of Al-Hudaibiya and his companions assumed Ihram but I did not. We were informed that some enemies were at Ghaiqa and so we went on towards them. My companions saw an onager and some of them started laughing among themselves. I looked and saw it. I chased it with my horse and stabbed and caught it. I wanted some help from my companions but they refused. (I slaughtered it all alone). We all ate from it (i.e. its meat). Then I followed Allah's Apostle lest we should be left behind. At times I urged my horse to run at a galloping speed and at other times at an ordinary slow speed. On the way I met a man from the tribe of Bani Ghifar at midnight. I asked him where he had left Allah's Apostle . The man replied that he had left the Prophet at a place called Ta'hun and he had the intention of having the midday rest at As-Suqya. So, I followed Allah's Apostle till I reached him and said, "O Allah's Apostle! I have been sent by my companions who send you their greetings and compliments and ask for Allah's Mercy and Blessings upon you. They were afraid lest the enemy might intervene between you and them; so please wait for them." So he did. Then I said, "O Allah's Apostle! We have hunted an onager and have some of it (i.e. its meat) left over." Allah's Apostle told his companions to eat the meat although all of them were in a state of Ihram."

You people say that Abu Huraira tells many narrations from Allah's Apostle and you also wonder why the emigrants and Ansar do not narrate from Allah's Apostle as Abu Huraira does. My emigrant brothers were busy in the market while I used to stick to Allah's Apostle content with what fills my stomach; so I used to be present when they were absent and I used to remember when they used to forget, and my Ansari brothers used to be busy with their properties and I was one of the poor men of Suffa. I used to remember the narrations when they used to forget. No doubt, Allah's Apostle once said, "Whoever spreads his garment till I have finished my present speech and then gathers it to himself, will remember whatever I will say." So, I spread my colored garment which I was wearing till Allah's Apostle had finished his saying, and then I gathered it to my chest. So, I did not forget any of that narrations.

From Maimunah that a mouse fell in some cooking fat and died. So the Prophet (saws) was asked about that and he said: "Remove it (the mouse) and what was around it and then eat it (the fat)."

He said: There are something on this topic from Abu Hurairah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been related from Az-Zuhri, from 'Ubaidullah, from Ibn 'Abbas, saying: "The Prophet (saws) as asked" and they did not mention Maimunah in it. The narration of Ibn 'Abbas from Maimunah is more correct. Ma'mar reported similar from Az-Zuhri, from Sa'eed bin Al-Musayyab, from Abu Hurairah, from the Prophet (saws). But this hadith is not preserved. He said: I heard Muhammad bin Isma'il saying: "The Hadith of Ma'mar from Az-Zuhri, from Sa'eed bin al-Musayyab, from Abu Hurairah, from the Prophet (saws)" - and he mentioned in it: 'That he was asked about it, so he said: "When it (the coking fat) is solid then remove it (the mouse) and what was around it. And when it is liquid then do not use it.'" This is a mistake. Ma'mar made a mistake with it. And he said: What is correct is the narration of Az-Zuhri from 'Ubaidullah, from Ibn 'Abbas, and Maimunah.

There are narrations on this topic from Al-Hasan bin 'Ali, and Ibn 'Abbas.

Abu Eisa said: The Hadith of 'Ali is a Hasan Sahih Hadith, regarding which there are narrations from four of the Tabi'in narrating it from each other. This is acted upon according to some of the people of knowledge. Ash-Shafi'i said: "This is the most correct thing on this topic" This Hadith abrogates first Hadith: "Whenever you see a funeral (procession), stand up [for it]."

Ahmad said: "If he wants, he stands, and if he wants, he does not stand." His proof is that it has been reported that the Prophet (saws) stood, then sat, and this is what Ishaq bin Ibrahim said.

(Abu Eisa said:) As for the saying of 'Ali: The Prophet (saws) stood for the funeral and then sat, he means that the Prophet (saws) would stand when he saw a funeral (procession), then he did not do so later, so he would not stand when he saw the funeral (procession).

Ali said on the pulpit in the mosque of Kufah: When Friday comes, the devils go to the markets with their flags, and involve people in their needs and prevent them from the Friday prayer. The angels come early in the morning, sit at the door of the mosque, and record that so-and-so came at the first hour, and so-and-so came at the second hour until the imam comes out (for preaching).

When a man sits in a place where he can listen (to the sermon) and look (at the imam), where he remains silent and does not interrupt, he will receive a double reward. If he stays away, sits in a place where he cannot listen (to the sermon), silent, and does not interrupt, he will receive the reward only once. If he sits in a place where he can listen (to the sermon) and look (at the imam), and he does not remain silent, he will have the burden of it. If anyone says to his companion sitting besides him to be silent (while the imam is preaching), he is guilty of idle talk. Anyone who interrupts (during the sermon) will receive nothing (no reward) on that Friday.

Then he (the narrator) says in the end of this tradition: I heard the Messenger of Allah (saws) say so.

Abu Dawud said: This tradition has been narrated by al-Walid b. Muslim from Ibn Jabir. This version adds: bi'l-raba'ith (instead of al-raba'ith, needs preventing the people from prayer). Further, this adds: Freed slave of his wife Umm 'Uthman b. 'Ata.

This hadith has been narrated through another chain of transmitters with a slight variation of words.

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."

The Prophet (along with his companions) reached Mecca in the morning of the fourth of Dhul-Hijja assuming Ihram for Hajj only. So when we arrived at Mecca, the Prophet ordered us to change our intentions of the Ihram for `Umra and that we could finish our Ihram after performing the `Umra and could go to our wives (for sexual intercourse). The people began talking about that. Jabir said surprisingly, "Shall we go to Mina while semen is dribbling from our male organs?" Jabir moved his hand while saying so. When this news reached the Prophet he delivered a sermon and said, "I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram." At that Suraqa bin Malik stood up and asked "O Allah's Apostle! Is this permission for us only or is it forever?" The Prophet replied, "It is forever." In the meantime `Ali bin Abu Talib came from Yemen and was saying Labbaik for what the Prophet has intended. (According to another man, `Ali was saying Labbaik for Hajj similar to Allah's Apostle's). The Prophet told him to keep on the Ihram and let him share the Hadi with him.

A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.

Mu’awiyah said: Rabi’ah b. Yazid narrated this tradition to me from Abu Idris and the authority of ‘Uqbah b.’Amir.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased ...

Abu Sufyan narrated to me personally, saying, "I set out during the Truce that had been concluded between me and Allah's Apostle. While I was in Sham, a letter sent by the Prophet was brought to Heraclius. Dihya Al-Kalbi had brought and given it to the governor of Busra, and the latter forwarded it to Heraclius. Heraclius said, 'Is there anyone from the people of this man who claims to be a prophet?' The people replied, 'Yes.' So I along with some of Quraishi men were called and we entered upon Heraclius, and we were seated in front of him. Then he said, 'Who amongst you is the nearest relative to the man who claims to be a prophet?' So they made me sit in front of him and made my companions sit behind me. Then he called upon his translator and said (to him). 'Tell them ( i.e. Abu Sufyan's companions) that I am going to ask him (i.e. Abu Sufyan) regarding that man who claims to be a prophet. So, if he tell me a lie, they should contradict him (instantly).' By Allah, had I not been afraid that my companions would consider me a liar, I would have told lies. Heraclius then said to his translator, 'Ask him: What is his (i.e. the Prophet's) family status amongst you? I said, 'He belongs to a noble family amongst us." Heraclius said, 'Was any of his ancestors a king?' I said, 'No.' He said, 'Did you ever accuse him of telling lies before his saying what he has said?' I said, 'No.' He said, 'Do the nobles follow him or the poor people?' I said, 'It is the poor who followed him.' He said, 'Is the number of his follower increasing or decreasing?' I said, 'The are increasing.' He said, 'Does anyone renounce his religion (i.e. Islam) after embracing it, being displeased with it?' I said, 'No.' He said, 'Did you fight with him?' I replied, 'Yes.' He said, 'How was your fighting with him?' I said, 'The fighting between us was undecided and victory was shared by him and us by turns. He inflicts casualties upon us and we inflict casualties upon him.' He said, 'Did he ever betray?' I said, 'No, but now we are away from him in this truce and we do not know what he will do in it" Abu Sufyan added, "By Allah, I was not able to insert in my speech a word (against him) except that. Heraclius said, 'Did anybody else (amongst you) ever claimed the same (i.e. Islam) before him? I said, 'No.' Then Heraclius told his translator to tell me (i.e. Abu Sufyan), 'I asked you about his family status amongst you, and you told me that ...