When the delegates of the tribe of Hawazin came to the Prophet they requested him to return their property and their captives. He said to them, "This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you." When the Prophet had returned from Ta'if, he waited for them for more than ten nights. When they came to know that the Prophet would not return except one of the two, they chose their captives. The Prophet then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, "Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first Fai (i.e. war booty) which Allah will give us, then he can do so." The people said, "We return (the captives) to them willingly as a favor, O Allah's Apostle!" The Prophet said, "I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me." The people went away, and their leaders discussed the matter with them, and then came to the Prophet to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, "This is what we know about the captives, of Hawazin.")

Once Allah's Apostle remained behind us in a journey. He joined us while we were performing ablution for the `Asr prayer which was over-due. We were just passing wet hands over our feet (not washing them properly) so the Prophet addressed us in a loud voice and said twice or thrice, "Save your heels from the fire."

The Prophet came across me in one of the streets of Medina and at that time I was Junub. So I slipped away from him and went to take a bath. On my return the Prophet said, "O Abu Huraira! Where have you been?" I replied, "I was Junub, so I disliked to sit in your company." The Prophet said, "Subhan Allah! A believer never becomes impure."

While the people were offering the Fajr prayer at Quba' (near Medina), someone came to them and said: "It has been revealed to Allah's Apostle tonight, and he has been ordered to pray facing the Ka`ba." So turn your faces to the Ka`ba. Those people were facing Sham (Jerusalem) so they turned their faces towards Ka`ba (at Mecca).

A woman from the tribe of Juhaina came to the Prophet and said, "My mother had vowed to perform Hajj but she died before performing it. May I perform Hajj on my mother's behalf?" The Prophet replied, "Perform Hajj on her behalf. Had there been a debt on your mother, would you have paid it or not? So, pay Allah's debt as He has more right to be paid."

That he heard Muawiya bin Abi Sufyan on the day of 'Ashura' during the year he performed the Hajj, saying on the pulpit, "O the people of Medina! Where are your Religious Scholars? I heard Allah's Apostle saying, 'This is the day of 'Ashura'. Allah has not enjoined its fasting on you but I am fasting it. You have the choice either to fast or not to fast (on this day).' "

The Prophet came out to inform us about the Night of Qadr but two Muslims were quarreling with each other. So, the Prophet said, "I came out to inform you about the Night of Qadr but such-and-such persons were quarreling, so the news about it had been taken away; yet that might be for your own good, so search for it on the 29th, 27th and 25th (of Ramadan).

that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.

I heard the Prophet saying, "Once a man died and was asked, 'What did you use to say (or do) (in your life time)?' He replied, 'I was a businessman and used to give time to the rich to repay his debt and (used to) deduct part of the debt of the poor.' So he was forgiven (his sins.)" Abu Mas`ud said, "I heard the same (Hadith) from the Prophet."

Al-Qasim used to walk in front of the funeral procession. He used not to get up for the funeral procession (in case it passed by him). And he narrated from `Aisha that she said, "The people of the pre-lslamic period of ignorance used to stand up for the funeral procession. When they saw it they used to say twice: 'You were noble in your family. What are you now?"

(Who was one of those who had given the Pledge of allegiance to the Prophet beneath the Tree) When the people brought Sadaqa (i.e. rak`at) to the Prophet he used to say, "O Allah! Bless them with your Mercy." Once my father came with his Sadaqa to him whereupon he (i.e. the Prophet) said. "O Allah! Bless the family of Abu `Aufa."

While some people were offering morning prayer at Quba' a man came to them and said, "A Qur'anic Order has been revealed to Allah's Apostle tonight that he should face the Ka`ba at Mecca (in prayer), so you too should turn your faces towards it." At that moment their faces were towards Sham (i.e. Jerusalem) (and on hearing that) they turned towards the Ka`ba (at Mecca).

Ibn `Umar came to us and a man said (to him), "What do you think about 'Qit-alal-Fitnah' (fighting caused by afflictions)." Ibn `Umar said (to him), "And do you understand what an affliction is? Muhammad used to fight against the pagans, and his fighting with them was an affliction, (and his fighting was) not like your fighting which is carried on for the sake of ruling."

While we were with Allah's Apostle in a cave, Surat "Wal Mursalat" was revealed to him and we received it directly from his mouth as soon as he had received the revelation. Suddenly a snake came out and Allah's Apostle said, "Get at it and kill it!" We ran to kill it but it outstripped us. Allah's Apostle said, "It has escaped your evil, as you too, have escaped its."

The Prophet said to Ubai, "Allah has ordered me recite Qur'an to you." Ubai asked, "Did Allah mention me by name to you?" The Prophet said, "Allah has mentioned your name to me." On that Ubai started weeping. (The sub-narrator) Qatada added: I have been informed that the Prophet recited: 'Those who disbelieve among the people of the Scripture," ...to Ubai.

Rifa`a Al-Qurazi married a lady and then divorced her whereupon she married another man. She came to the Prophet and said that her new husband did not approach her, and that he was completely impotent. The Prophet said (to her), "No (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you).

That when his grandfather, Hazn visited the Prophet the Prophet said (to him), "What is your name?" He said, "My name is Hazn." The Prophet said, " But you are Sahl." He said, "I will not change my name with which my father named me." Ibn Al-Musaiyab added: So we have had roughness (in character) ever since.

The Prophet said: "While I was walking in Paradise (on the night of Mi'raj), I saw a river, on the two banks of which there were tents made of hollow pearls. I asked, "What is this, O Gabriel?' He said, 'That is the Kauthar which Your Lord has given to you.' Behold! Its scent or its mud was sharp smelling musk!" (The sub-narrator, Hudba is in doubt as to the correct expression. )

The Prophet said, "O `Abdur-Rahman bin Samura! Do not seek to be a ruler, because if you are given authority for it, then you will be held responsible for it, but if you are given it without asking for it, then you will be helped in it (by Allah): and whenever you take an oath to do something and later you find that something else is better than the first, then do the better one and make expiation for your oath."

regarding: 'Allah will not call you to account for that which is unintentional in your oaths...' (2.225) This Verse was revealed concerning such oath formulas as: 'No, by Allah!' and 'Yes, by Allah!' something against his oath due to forgetfulness should he make expiation?). And the Statement of Allah: 'And there is no blame on you if you make a mistake therein.' (33.5) And Allah said:-- '(Moses said to Khadir): Call me not to account for what I forgot.' (18.73)

The Prophet said, "Adam and Moses debated with each other and Moses said, 'You are Adam who turned out your offspring from Paradise.' Adam said, "You are Moses whom Allah chose for His Message and for His direct talk, yet you blame me for a matter which had been ordained for me even before my creation?' Thus Adam overcame Moses."

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "I used to comb the head of the Messenger of Allah, may Allah bless him and grant him peace, while I was menstruating."

Yahya related to me from Malik from Hisham ibn Urwa from his father that Dhakwan Abu Amr (a slave belonging to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, who was freed by her after her death) used to stand in prayer and recite for her in Ramadan.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin, may Allah be pleased with her, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to kiss certain of his wives when fasting," and then she laughed.

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

Malik said, "That is what I like best of what I have heard on the subject."

29.2 Divorce by Euphemistic Statements

Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "My inheritance is not divided up by the dinar. What I leave apart from the maintenance of my wives and provision for my servant is sadaqa."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a certain man kissed his wife while he was fasting in Ramadan. This made him very anxious, and so he sent his wife to the Prophet, may Allah bless him and grant him peace, to ask him about that for him. She went in and saw Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and mentioned the matter to her, and Umm Salama told her that the Messenger of Allah, may Allah bless him and grant him peace, used to kiss while he was fasting. So she went back and told her husband that, but it only made him find fault all the more and he said, "We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for the Messenger of Allah, may Allah bless him and grant him peace, whatever He wishes."

His wife then went back to Umm Salama and found the Messenger of Allah, may Allah bless him and grant him peace, with her. The Messenger of Allah, may Allah bless him and grant him peace, said, "What's the matter with this woman?", and Umm Salama told him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Didn't you tell her that I do that myself?" and she said, "I told her, and she went to her husband and told him, but it only made him find fault all the more and say, 'We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for His Messenger, may Allah bless him and grant him peace, whatever He wishes.' " The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I am the one with the most taqwa of Allah of you all, and of you all the one who best knows His limits."

The Prophet said, "An Israeli man asked another Israeli to lend him one thousand Dinars. The second man required witnesses. The former replied, 'Allah is sufficient as a witness.' The second said, 'I want a surety.' The former replied, 'Allah is sufficient as a surety.' The second said, 'You are right,' and lent him the money for a certain period. The debtor went across the sea. When he finished his job, he searched for a conveyance so that he might reach in time for the repayment of the debt, but he could not find any. So, he took a piece of wood and made a hole in it, inserted in it one thousand Dinars and a letter to the lender and then closed (i.e. sealed) the hole tightly. He took the piece of wood to the sea and said. 'O Allah! You know well that I took a loan of one thousand Dinars from so-and-so. He demanded a surety from me but I told him that Allah's Guarantee was sufficient and he accepted Your guarantee. He then asked for a witness and I told him that Allah was sufficient as a Witness, and he accepted You as a Witness. No doubt, I tried hard to find a conveyance so that I could pay his money but could not find, so I hand over this money to You.' Saying that, he threw the piece of wood into the sea till it went out far into it, and then he went away. Meanwhile he started searching for a conveyance in order to reach the creditor's country.

One day the lender came out of his house to see whether a ship had arrived bringing his money, and all of a sudden he saw the piece of wood in which his money had been deposited. He took it home to use for fire. When he sawed it, he found his money and the letter inside it. Shortly after that, the debtor came bringing one thousand Dinars to him and said, 'By Allah, I had been trying hard to get a boat so that I could bring you your money, but failed to get one before the one I have come by.' The lender asked, 'Have you sent something to me?' The debtor replied, 'I have told you I could not get a boat other than the one I have come by.' The lender said, 'Allah has delivered on your behalf the money you sent in the piece of wood. So, you may keep your one thousand Dinars and depart guided on the right path.' "