Ibn Mas’ud (RAA) narrated that the Messenger of Allah (P.B.U.H.) said, “One of the things people have learned from the words of the earliest prophecies is, “If you don’t feel any shame, do whatever you like.” Related by Al-Bukhari.

'A’isha (RAA) narrated that The Messenger of Allah (P.B.U.H.) said, "Whoever dies while he still has some fasts to make up (of the days of Ramadan), then his heir (any of them) should fast on his behalf.” Agreed upon.

"He must return with it one Sa' of any grain but wheat." [al-Bukhari said, "(One Sa' of) dates is mentioned in more narrations than not].

that in the time of Allah's Messenger (SAW) a man took a vow to slaughter camels at Bawana. So, he came to Allah's Messenger (SAW) and asked him (about that). Allah's Messenger (SAW) asked, "Did the place contain any idol which was worshiped (during Jahiliyya era)?" He said, "No." He asked "Were any of their (Jahiliyya) festivals observed there?" He said, "No." He then said (to the man), "Fulfill your vow, for there is no fulfillment of a vow to do an act of disobedience to Allah, now to break the ties of relationship, nor to do something over which a human being has no control." [Reported by Abu Dawud and at-Tabarani, and the wording is his (at-Tabarani). It has a sound chain of narrators].

Yahya related to me from Malik that Ibn Shihab said, "The first person to deduct zakat from allowances was Muawiya ibn Abi Sufyan." (i.e. the deduction being made automatically) .

Malik said, "The agreed sunna with us is that zakat has to be paid on twenty dinars (of gold coin), in the same way as it has to be paid on two hundred dirhams (of silver)."

Malik said, "There is no zakat to pay on (gold) that is clearly less than twenty dinars (in weight) but if it increases so that by the increase the amount reaches a full twenty dinars in weight then zakat has to be paid. Similarly, there is no zakat to pay on (silver) that is clearly less than two hundred dirhams (in weight), but if it increases so that by the increase the amount reaches a full two hundred dirhams in weight then zakat has to be paid. If it passes the full weight then I think there is zakat to pay, whether it be dinars or dirhams." (i.e. the zakat is assessed by the weight and not the number of the coins.)

Malik said, about a man who had one hundred and sixty dirhams by weight, and the exchange rate in his town was eight dirhams to a dinar, that he did not have to pay any zakat. Zakat had only to be paid on twenty dinars of gold or two hundred dirhams.

Malik said, in the case of a man who acquired five dinars from a transaction or in some other way which he then invested in trade, that, as soon as it increased to a zakatable amount and then a year elapsed, he had to pay zakat on it, even if the zakatable amount was reached one day before or one day after the passing of a year. There was then no zakat to pay on it from the day the zakat was taken until a year had elapsed over it.

Malik said, in the similar case of a man who had in his possession ten dinars which he invested in trade and which reached twenty dinars by the time one year had elapsed over them, that he paid zakat on them right then and did not wait until a year had elapsed over them, (counting) from the day when they actually reached the zakatable amount. This was because a year had elapsed over the original dinars and there were now twenty of them in his possession. After that there was no zakat to pay on them from the day the zakat was paid until another year had elapsed over them.

Malik said, "What we are agreed upon (here in Madina) regarding income from hiring out slaves, rent from property, and the sums received when a slave buys his freedom, is that no zakat is due on any of it, whether great or small, from the day the owner takes possession of it until a year has elapsed over it from the day when the owner takes possession of it."

Malik said, in the case of gold and silver which was shared between two co-owners, that zakat was due from any one whose share reached twenty dinars of gold, or two hundred dirhams of silver, and that no zakat was due from anyone whose share fell short of this zakatable amount. If all the shares reached the zakatable amount and the shares were not equally divided, zakat was taken from each man according to the measure of his share. This applied only when the share of each man among them reached the zakatable amount, because the Messenger of Allah, may Allah bless him and grant him peace, had said, "There is no zakat to pay on less than five awaq of silver."

Malik commented, "This is what I prefer most out of what I have heard about the matter."

Malik said, "When a man has gold and silver dispersed among various people he must add it all up together and then take out the zakat due on the total sum ."

Malik said, "No zakat is due from some one who acquires gold or silver until a year has elapsed over his acquisition from the day it became his."

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

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."

He said: "I said to her: 'Tell me your Hadith.' She said: 'I got Khul' from my husband, then I came to 'Uthman and asked him: "What waiting period do I have to observe?" He said: "You do not have to observe any waiting period, unless you had intercourse with him recently, in which case you should stay with him until you have menstruated." In that he was following the ruling of the Messenger of Allah (SAW) concerning Maryam Maghaliyyah, who was married to Thabit bin Qais and she got Khul' from him.' "

“The Messenger of Allah (saw) entered upon a man among the Ansar when he was watering his garden. The Messenger of Allah (saw) said to him: ‘If you have any water that has been kept overnight in a water skin, then give us some to drink, otherwise we will drink by putting out mouths in the basin.’ He said: ‘I have water that has been kept in a water skin. So he went and we went with him, to the shelter, where he milked a sheep for him and (mixed it with) the water that had been kept overnight in a water skin. He drank from it, then he did likewise for his Companion who was with him.”

“Indeed, Allah has angels who go about on the earth in addition to the Kuttab of people. So when they find groups of people remembering Allah, they call to one another: ‘Come to that which you have been seeking.’ They will come and cover them up to the lowest heaven. Allah will say: ‘What were My worshippers doing when you left them?’ They will say: ‘We left them as they were praising You, glorifying You, and remembering You.’” He (saws) said: “So He will say: ‘Have they seen Me?’ They say: ‘No.’” He (saws) said: “So He will say: ‘How would it be had they seen Me?’ They will say: ‘Had they seen You, they would have been more ardent in praise of You, more ardent in glorification of You, more ardent in remembrance of You.’” He (saws) said: “So He will say: ‘And what do they seek?’” He (saws) said: “They will say: ‘They seek Paradise.’” He (saws) said: “So He will say: ‘So have they seen it?’” He (saws) said: “So they will say: ‘No.’” He (saws) said: “So He will say: ‘So how would it be had they seen it?’” He (saws) said: “They will say: ‘Had they seen it, they would be more ardent in seeking it, and more eager for it.’” He (saws) said: “So He will say: ‘So from what thing do they seek refuge?’ They will say: ‘They seek refuge from the Fire.’” He (saws) said: “So He will say: ‘And have they seen it?’ So they will say: ‘No.’” He (saws) said: “So He will say: ‘So how would it be had they seen it?’ So they will say: ‘Had they seen it, they would be more ardent in fear of it, and more ardent in seeking refuge from it.’” He (saws) said: “So He will say: ‘So I do call You to witness that I have forgiven them.’ So they will say: ‘Indeed among them is so-and-so, a sinner, he did not intend them, he only came to them for some need.’ So He will say: ‘They are the people, that none who sits with them shall be miserable.’”

Abu 'Uthman reported that 'Umar wanted to appoint a man as governor. The governor said, "I have such-and-such a number of children and I have never kissed any of them." 'Umar said, "Allah Almighty will only show mercy to the kindest of His slaves."

Abu Hurayra said, "Do not say, 'May Allah make your face ugly and any face like your face.' Allah Almighty created Adam, may Allah bless him and grant him peace, in the form that He ordained."

Allah's Messenger (SAW) said, "Any slave who marries without the permission of his masters or owners is (like) a fornicator." [Reported by Ahmad, Abu Dawud, an-Nasa'i and at-Tirmidhi; the latter graded it Sahih (authentic), as did Ibn Hibban].

Allah's Messenger (SAW) said, "A man guilty of fornication, who has been flogged (for it), should not marry any but a woman like him (similarly guilty)." [Reported by Ahmad and Abu Dawud, and its narrators are reliable (thiqah)].

Allah's Messenger (SAW) said, "If any of you prays the two Rak'at before the dawn prayer, he should lie on his right side." [Reported by Ahmad, Abu Dawud and at-Tirmidhi, the latter graded it Sahih (authentic)].

'Adi bin Hatim (RAA) narrated, 'The Messenger of Allah (PBUH) said to me, "When you set off your dog, mention Allah's Name (Say Bismillah), and if it catched anything for you and come up to it while it is still alive slaughter it; if you come up to it when the dog has killed it but not eaten any of it, eat it. If you find another dog with yours and the game has been killed, do not eat, for you do not know which of them killed the animal. When you shoot your arrow, mention Allah's Name and if the game goes out of sight for a day and you find it without any marks except for that arrow, eat if you wish, but if you find it drowned in water do not eat it." Agreed upon, and the wording is from Muslim.

Nafi' ibn Alqamah appointed my father as charge d'affaires of his tribe, and commanded him to collect sadaqah (zakat) from them. My father sent me to a group of them; so I came to an aged man called Sa'r ibn Disam

I said: My father has sent me to you to collect zakat from you. He asked: What kind of animals will you take, my nephew? I replied: We shall select the sheep and examine their udders. He said: My nephew, I shall narrate a tradition to you. I lived on one of these steppes during the time of the Messenger of Allah (saws) along with my sheep. Two people riding a camel came to me.

They said to me: We are messengers of the Messenger of Allah (saws), sent to you so that you may pay the sadaqah (zakat) on your sheep.

I asked: What is due from me for them?

They said: One goat. I went to a goat which I knew was full of milk and fat, and I brought it to them.

They said: This is a pregnant goat. The Messenger of Allah (saws) prohibited us to accept a pregnant goat.

I asked: What will you take then? They said: A goat in its second year or a goat in its third year. I then went to a goat which had not given birth to any kid, but it was going to do so. I brought it to them.

They said: Give it to us. They took it on the camel and went away.

Abu Dawud said: Abu 'Asim transmitted this tradition from Zakariyya. He said: Muslim bin Shu'bah is a narrator in the chain of this tradition as reported by the narrator Rawh.

This tradition has also been narrated by Zakariyya bin Ishaq through his chain of narrators. In this version Muslim bin Shu'bah said: Shafi' means a goat which has a baby in its womb.

‘Ubaid Allah bin ‘Abd Allah bin ‘Utbah said that his father wrote (a letter) to ‘Abd Allaah bin Al Arqam Al Zuhri asking him to visit Subai’ah daughter of Al Harith Al Aslamiyyah and ask her about her story and what the Apostle of Allaah(saws) said to her when she asked his opinion (about her). So, ‘Umar bin Abd allah wrote in reply to ‘Abd Allah bin ‘Utbah informing him what she told him. She told that she was under (i.e., the wife of) Sa’d bin Khawlah who belonged to Banu Amir bin Luwayy. He was one of those who participated in the battle of Badr. He died at the Farwell Pilgrimage while she was pregnant. Soon after his death she gave birth to a child. When she was purified from her bleeding after child birth she adorned herself for seekers in marriage. Then Abu Al Sanabil bin Ba’kah a man from Banu Abd Al Dar entered upon her and said to her “What is the matter seeing you adorned, perhaps you are seeking marriage? I swear by Allah you cannot marry until four months and ten days pass away. Saubai’ah said “When she said this to me, I gathered my clothes on me when the evening came and I came to the Apostle of Allaah(saws) and asked him about that. He told me that I became lawful when I had delivered a child. He suggested me to marry if I wished. Ibn Shihab said “I do not see any harm if she marries when she gives birth to the child, even though she had the bleeding after the child birth, but her husband should not have sexual intercourse till she is purified.

All the traditions (on this subject) transmitted by 'Adi b. Thabit and A'mash on the authority of Habib and Ayyub al-'Ala, all of them are weak; none of them is sound. This tradition indicates the tradition reported by al-A'mash a a statement of Companion, i.e. 'Aishah. Hafs b. Ghayath has rejected the tradition transmitted by Habib as the statement (of the Prophet). And Asbat also reported it as a statement of 'Aishah.

Abu Dawud said: Ibn Dawud has narrated the first part of this tradition as a statement (of the Prophet), and denied that there was any mention of performing ablution for every prayer. The weakness of the tradition reported by Habib is also indicated by the fact that the version transmuted by al-Zuhri from 'Urwah on the authority of 'Aishah says that she used to wash herself for every prayer; (these words occur) in the tradition about the woman who has a flow of blood. This tradition has been reported by Abu al-Yaqzan from 'Adi b. Thabit from his father from 'Ali, and narrated by 'Ammar, the freed salve of Banu Hashim, from Ibn 'Abbas, and transmitted by 'Abd al-Malik b. Maisarah, Bayan, al-Mughirah, Firas, on the authority of al-Sha'bi, from Qumair from 'Aishah, stating: You should perform ablution for every prayer. The version transmitted by Dawud, and 'Asim from al-Sha'bi from Qumair from 'Aishah has the words: She should take bath only once every day. The version reported by Hisham b. 'Urwah from his father has the words: The woman having a flow of blood should perform ablution for every prayer. All these traditions are weak except the tradition reported by Qumair and the tradition reported by 'Ammar, the freed slave of Banu Hashim, and the tradition narrated by Hisham b. 'Urwah on the authority of his father. What is commonly known from Ibn 'Abbas is bathing (for every prayer).

The Messenger of Allah (may peace be upon him) went to Banu ‘Amr b. ‘Awf to effect reconciliation between them . in the meantime the time of prayer came and the Mu’adhdhin came to Abu Bakr and asked : Will you lead the people in prayer? I pronounce the Iqamah. He said ; Yes. So Abiu Bakr led the prayer , and the Messenger of Allah (may peace be upon him) came back while the people were praying. He penetrated through the rows and stood in the first row. The people clapped but Abu Bakr did not pay any attention to it during prayer. When the people clapped increasingly, he paid attention. He saw the Messenger of Allah (may peace be upon him). The Messenger of Allah (may peace be upon him) made a sign to him (saying); Stay at your place. Abu BAkr raised his hands and praised Allah for the commandment the Messenger of Allah (may peace be upon him) had given him (to lead the people in prayer). Abu Bakr then stepped back and stood in the row. The Messenger of Allah (may peace be upon him) stepped forward and led the prayer. When he finished the prayer, he said; Abu Bakr, what prevented you staying (at your place) when I already commented you to do so? Abu Bakr said ; it was not befitting for the son of Abu Quhafah (Abu Bakr) to lead the prayer in the presence of the Messenger of Allah (may peace be upon him). The Messenger of Allah (may peace be upon him) said; What is the matter that I saw you clapping frequently during prayer? If anything happens to someone during prayer, he should say “Glory be to Allah,” for when he glorifies Allah. He pays attention to him. Clapping applies only to women.

Abu Dawud said: This is operative in the obligatory prayer.

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

Yahya related to me from Malik that Kathir ibn Farqad asked Abu Bakr ibn Muhammad ibn Amr ibn Hazm about a man who sold food to be delivered at a future date to a man for gold and then with the gold, he bought dates before he had taken delivery of the gold. He disapproved of that and forbade it.

Yahya related to me from Malik from Ibn Shihab the like of that.

Malik said, ''Said ibn al-Musayyab, Sulayman ibn Yasar, Abu Bakr ibn Muhammad ibn Amr ibn Hazm, and Ibn Shihab forbade that a man sell wheat for gold and then buy dates with that gold before he had received the gold from the transaction in which he sold the wheat. There is no harm for someone to buy dates on delayed terms, on the strength of the gold for which he sold the wheat, from someone other than the person to whom he sold the wheat before taking possession of the gold, and to refer the one from whom he bought the dates to his debtor who bought the wheat, for the gold he is owed for the dates."

Malik said, "I asked more than one of the people of knowledge about that and they did not see any harm in it."

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala that Humayd ibn Malik ibn Khu'haym said, "I was sitting with Abu Hurayra on his land at al-Aqiq. Some people rode out from Madina to call upon Abu Hurayra. He told me to go to his mother, sending his greetings and asking her to prepare some food." Humayd continued, "She set down three loaves on a plate and some oil and salt. Then she put it on my head and I carried it to them. When I set it before them, Abu Hurayra said, 'Allah is greater' and added, 'Praise be to Allah who has filled us with bread after our food had previously been only water and dates,' as the people did not touch any of the food.

When they left, he said, 'O son of my brother, be good to your sheep and wipe the mucus from them and clean their pen. Pray in their quarter for they are among the animals of the Garden. By He in Whose Hand my self is, a time is about to come upon people when a small group of sheep will be more beloved to their owner than the house of Marwan . ' "

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula."

Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar."

Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."

"'Ali delivered a Khutbah for us in which he said: 'Whoever claims that we have some book to read other than Allah's Book and this paper, which include camel's ages and things related to (relatiation for) wounds, then he has lied." And he said in it: "Al-Madinah is sacred, what is between 'Air to Thawr, so whoever introduces in it any innovation or shelters an innovator then upon him is the curse of Allah, the angels, and all people. On the Day of Judgment, Allah will not accept his compulsory nor optional good deeds. And whoever claims someone else to be his father, or claims Wala' for someone other than his Mawali, then upon him is the curse of Allah, the angels, and the people; his compulsory and optional good deeds shall not be accepted. The covenants of the Muslims are one, it covers the rest of them.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Some of them reported it similarly from Al-A'mash, from Ibrahim At-Taimi, from Al-Harith bin Suwaid from 'Ali.

[Abu 'Eisa said:] It has been reported through more than one route from 'Ali [from the Prophet (saws)].

from Abu Ad-Darda who said: "We were with the Prophet (SAW) when he raised his sight to the sky, then he said: 'This is the time when knowledge is to be taken from the people, until what remains of it shall not amount to anything." So Ziyad bin Labid Al-Ansari said: 'How will it be taken from us while we recite the Qur'an. By Allah we recite it, and our women and children recite it?' He (SAW) said: 'May you be bereaved of your mother O Ziyad! I used to consider you among the Fuqaha of the people of Al-Madinah. The Tawrah and Injil are with the Jews and Christians, but what do they avail of them?'" Jubair said: "So I met 'Ubadah bin As-Samit and said to him: 'Have you not heard what your brother Abu Ad-Darda said?' Then I informed him of what Abu Ad-Darda said. He said: 'Abu Ad-Darda spoke the truth. If you wish, we shall narrated to you about the first knowledge to be removed from the people: It is Khushu', soon you will enter the congregational Masjid, but not see any man in it with Khushu'.'"

I was with the Messenger of Allah (PBUH) in a journey one night, and he asked me, "Do you have any water with you?" I said, "Yes." So he dismounted from his riding camel and walked away (to answer the call of nature) until he disappeared in the darkness. When he returned, I poured out some water from a vessel and he washed his face. He was wearing a long woolen cloak and could not take out his forearms from his sleeves, so he brought them out from below the cloak and then washed them, and then passed his (wet) hands over his head. I stretched out my hand to take off his Khuff (leather socks), but he said, "Leave them. I put them on after performing Wudu'," and he passed his (wet) hands over them.

[Al-Bukhari and Muslim].

Another narration is: The Messenger of Allah (PBUH) was wearing a Syrian cloak with tight sleeves.

Another narration is: This incident took place during the battle of Tabuk.

The Messenger of Allah (PBUH) said, "Allah guarantees that he who goes out to fight in His way believing in Him and affirming the truth of His Messenger, will either be admitted to Jannah or will be brought back to his home (safely) from where he has set out, with whatever reward or share of booty he may have gained. By Him in Whose Hand Muhammad's soul is, if a person is wounded in the way of Allah, he will come on the Day of Resurrection with his wound in the same condition as it was on the day when he received it; its colour will be the colour of blood but its smell will be the smell of musk. By Him in Whose Hand Muhammad's soul is, if it were not to be too hard upon the Muslims, I would not lag behind any expedition to fight in the Cause of Allah, but I have neither abundant means to provide them conveyance (horses) nor all other Muslims have it, and it will be hard on them to remain behind when I go forth (for Jihad). By Him in Whose Hand Muhammad's soul is, I love to fight in the way of Allah and get killed, to fight again and get killed and to fight again and get killed."

[Muslim].

Fatimah the daughter of the Messenger of Allah (ﷺ) sent word to Abu Bakr as-Siddeeq, asking for her inheritance from the Messenger of Allah (ﷺ), of the fai` that Allah had granted to him in Madinah and Fadak, and what was left of the khurnus of Khaibar, Abu Bakr said: The Messenger of Allah (ﷺ) said: `We (Prophets) are not to be inherited from and whatever we leave behind is charity. Rather the family of Muhammad may take their provision from this wealth.` By Allah, I will not change any of the charity of the Messenger of Allah (ﷺ) from how it was at the time of the Messenger of Allah (ﷺ), and I will do the same with it as the Messenger of Allah (ﷺ) did. So Abu Bakr refused to give anything of it to Fatimah, and Fatimah was upset with Abu Bakr because of that. Abu Bakr said; By the One in Whose hand is my soul, the relatives of the Messenger of Allah (ﷺ) are dearer to me than my own relatives. As for the dispute between me and you concerning this wealth, I did not deviate from the truth concerning them and I will not leave anything that I saw the Messenger of Allah (ﷺ) do but I will do it the way he did it.

“We find that you have a hadeeth that we did not find with anyone else.” He said: “I have a lot of hadeeths, but Rabee`ah bin al Hudair - who used to stay close to Talhah bin `Ubaidullah - said that he did not hear Talhah narrate any hadeeth from the Messenger of Allah (ﷺ) except one.” Rabee`ah bin Abi ‘Abdur-Rahman said: “I said to him: “What is it?” He said: “Talhah said to me: “We went out with the Messenger of Allah (ﷺ) until we approached Harrat Waqim. When we drew close to it, we saw some graves at a turn in the valley and we said: “O Messenger of Allah(ﷺ), are these the graves of our brothers?” He said: “The graves of our companions.` Then he left and when we came to the graves of the martyrs, the Messenger of Allah (ﷺ) said: `These are the graves of our Brothers.””

he may keep them if he is pleased with them, and may return them along with a sa‘ of dates if he is displeased with them.” A version by Muslim has, “If anyone buys a sheep whose udder has been tied up he has three days in which to decide whether to keep it or not; but if he returns it he must return with it a sa’ of any grain but wheat.”² (Bukhari and Muslim.) 1. When agreement has obviously been reached, although the contract has not been confirmed, no one must step in and offer a higher price. 2. Samra’. The full pharse is hinta samra’, meaning "tawny wheat" ; then the adjective is used by itself as a word for wheat.

God’s Messenger used to teach us how to ask God’s guidance about matters just as he used to teach as a sura of the Qur’an, saying: When any of you intends to do something he should pray two rak'as which are not compulsory, then say, “O God, I ask Thy guidance by Thy knowledge, I ask Thee for power by Thy power, and I ask Thee out of Thy great abundance, for Thou hast power and I have none, Thou knowest and I did not, and Thou art the One who is aware of the unseen. O God, if Thou knowest that this matter is good for me regarding my religion, my livelihood, and my future wellbeing (or he said, “my affairs in this world and the next”), ordain it for me and make it easy for me, then bless me in it. But if Thou knowest that this matter is bad for me regarding my religion, my livelihood, and my future wellbeing (or he said, “my affairs in this world and the next”), turn it away from me, turn me away from it, ordain good for me wherever it is, then make me pleased with it.” He said that he should name what he required. Bukhari transmitted it.

a man who has become a guarantor for a payment, to whom begging is allowed till he gets it, after which he must stop begging; a man whose property has been destroyed by a calamity which has smitten him, to whom begging is allowed till he gets what will support life (or he said, what will provide a reasonable subsistence); and a man who has been smitten by poverty, the genuineness of which is confirmed by three intelligent members of his people, to whom begging is allowed till he gets what will support life (or he said, what will provide a reasonable subsistence). Any other reason for begging, Qabisa, is forbidden, and one who engages in such consumes it as a thing which is forbidden.”** Muslim transmitted it. * The word hamala is used of an undertaking to pay a debt or bloodwit. ** The word here used is suht, for its use of Quran (5:42,62,63)

Ibn `Umar reported God's messenger as saying, "Your appointed period in relation to that of peoples who have passed away is just the time between the afternoon prayer and sunset. A comparison between you and the Jews and Christians is like a man who employed labourers and said, `Who will work for me till midday for a qirat each?' The Jews worked till midday for a qirat each, and then he said, `Who will work for me from midday till the afternoon prayer for a qirat each?' The Christians worked from midday till the afternoon prayer for a qirat each, and then he said, `Who will work for me from the afternoon prayer till sunset for two qirat each?' I assure you that you are the ones who work from the afternoon prayer till sunset and that you will have the reward twice over. The Jews and Christians were angry and said, `We have done more work and received less pay,' but God most high asked, `Have I wronged you in any respect regarding what was due to you?' When they admitted that He had not, God most high said, `It is my extra favour which I grant to whomsoever I will.'" Bukhari transmitted it.

A man came to 'Umar bin khattab and said: "I became impure following sexual emission and cannot find any water." 'Umar said to him: "Do not pray." But 'Ammar bin Yasir said: "Do you not remember, O Commander of the Believers, when you and I were on a military expedition and we became sexually impure and could not find water? As for you, you did not pray, but I rolled in the dust and then prayed. When I came to the Prophet and told him what had happened, he said: 'It would have been enough for you (to do this).' (Then demonstrating) the Prophet struck the ground with his hands, then blew on hem, and wiped his face and palms with them."

“Umar bin Khattab acquired some land at Khaibar, and he came to the Prophet (SAW) and consulted him. He said: 'O Messenger of Allah(SAW), I have been given some wealth at Khaibar and I have never been given any wealth that is more precious to me than it. What do you command me to do with it? He said: 'If you wish, you can make it an endowment and give (its produce) in charity.' So 'Umar gave it on the basis that it would not be sold, given away or inherited, and (its produce) was to be given to the poor, to relatives, for freeing slaves, in the cause of Allah, to way fares and to guests; and there was nothing wrong if a person appointed to be in charge of it consumed from it on a reasonable basis or feeding a fried, without accumulating it for himself.”

“I came to the Messenger of Allah (saw) and said: ‘Is there any time that is more beloved to Allah than another?’ He said: ‘Yes, the middle of the night, so pray as much as you want until dawn comes. Then refrain from praying until the sun has risen, and as long as it looks like a shield until it becomes apparent. Then pray as much as you want until a pole stands on its shadow (i.e., noon), then refrain from praying until it has crossed the zenith, for Hell is heated up at midday. Then pray as much as you want until you pray ‘Asr, then refrain from praying until the sun has set, for it sets between the two horns of Satan and it rises between the two horns of Satan.’”

“We stopped with Abu Hashim bin ‘Utbah, who had been stabbed, and Mu’awiyah came to visit him. Abu Hashim wept and Mu’awiyah said to him: ‘Why are you weeping, O maternal uncle? Is there some pain bothering you, or is it because of this world, the best of which has already passed?’ He said: ‘It is not for any of these reasons. But the Messenger of Allah (saw) gave me some advice and I wish that I had followed it. He (saw) said: “There may come a time when you will see wealth divided among the people, and all you will need of that is a servant and a mount to ride in the cause of Allah.” That time came, but I accumulated wealth.’”

Fatima, daughter of Qais told that she had heard God's messenger's crier calling to congregational prayer, so she went out to the mosque and prayed along with God's messenger. When he had finished his prayer, he sat on the pulpit laughing and told everyone to remain where he had said the prayer. He then asked them if they knew why he had assembled them, and when they replied that God and His messenger knew best, he said, "I swear by God that I have not assembled you for some pleasant purpose or because of fear, but I have assembled you because Tamim ad-Dari, a Christian who came and accepted Islam, told me something which agrees with what I was telling you about the antichrist. He told me that he had sailed in a ship along with thirty men of Lakhm and Judham and that they were storm-tossed for a month. They drew near to an island when the sun was setting and going into the ship's small boats they went ashore where they were met by a very hairy beast whose hair was so abundant that because of it they could not tell its front from its back. They said, `Woe to you! What can you be?' and it replied, `I am the Jassasa.1 Go to this man in the monastery, for he is anxious to get news of you.' He said that when it named a man to them, they were afraid of it lest it should be a she-devil so they went off quickly and entered the monastery where they found a man with the hugest and strongest frame they had ever seen with his hand joined to his neck and in irons from the knees to the ankles. They said, `Woe to you! Who are you?' and he replied that they had had the opportunity of knowing about him, so they must tell him who they were. They said they were Arabs who had sailed in a ship and after having been storm-tossed for a month had landed on the island where they were met by a very hairy beast which informed them that it was the jassasa and told them to go to this man in the monastery, so they had come to him quickly. He asked them to tell him about the palm trees of Baisan whether they were producing fruit, and when they told him that they were, he said they would soon cease to bear fruit. He asked them to tell him about the lake of Tiberias whether there was water in it, and when they replied that it contained a great quantity of water he said that its water, would soon disappear. He asked them to tell him about the spring of Zughar[2] whether there was any water in the spring and whether the people carried on agriculture with the spring water, to which they replied that it had a great quantity of water and that its people carried on agriculture with its water. He asked them to tell him what had happened to the prophet of the Gentiles and they told him he had left Mecca and settled in Yathrib. He asked whether the Arabs had fought with him and when they replied that they had, he asked how he had dealt with them and they replied that he had overcome those in his neighbourhood and they had obeyed him. Saying it would be best for them to obey him, he told them that he would now inform them about himself. He Poundaid he was the antichrist and would soon be permitted to come forth. He would then come forth and travel in the earth for forty nights, not leaving a town unvisited except Mecca and Taiba[3] both of which are forbidden to him, for as often as he wanted to enter one of them he would be faced by an angel with a drawn sword in his hand who would turn him away from it, and on every one of its mountain paths there would be angels guarding it." Then striking the pulpit with the end of his staff, God's messenger said, "This is Taiba, this is Taiba, this is Taiba (meaning Medina). Have J told you [a story like this]?" On their replying that he had, he said, "I assure you that he is in the Syrian sea or the Yemen Sea; no, on the contrary, it is towards the East that he is and he pointed his hand to the East. 1. The name of a beast which is to seek for news to take to the dajjal. 2. Different explanations are given of this name. It is said to have been a spring in the Balqa in Syria and to have been connected with a daughter of Lot. 3. A name for Medina. Muslim transmitted it.

Umm Qays reported that the Prophet, may Allah bless him and grant him peace, said to her, "What she said will make her life long. They said, "We do not know of any woman who was given the long life that she was given."

Shurayh said, "I ask 'A'isha, may Allah be pleased her with, 'Did the Messenger of Allah, may Allah bless him and grant him peace, recite any poetry?' She said, 'He used to recite some of the poetry of 'Abdullah ibn Rawaha:

The Prophet (SAW) never used to offer any prayer before the 'Eid prayer. But when he went back home, he used to pray two Rak'at. [Reported by Ibn Majah through a Hasan (good) chain of narrators].

I used to recite to ‘AbdurRahman bin ‘Awf, and he found me waiting for him. That was in Mina during the last Hajj performed by `Umar bin al-Khattab (رضي الله عنه) Abdur-Rahman bin `Awf said: A man came to `Umar bin al-Khattab and said: So and so is saying: If `Umar (رضي الله عنه) dies, I will swear allegiance to So and so. ʼUmar (رضي الله عنه) said: I will stand before the people today and warn them against these people who want to deprive them of their rights, `Abdur-Rahman said: I said: O Ameer al-Mu`mineen, do not do that, for the Hajj season brings together the riffraff and rabble among the people, and most of the people who gather around and listen to you will be of that type. Is you stand before the people, I am afraid that you will say something that they will spread and not understand it properly or interpret it properly. Rather wait until you come to Madinah, for it is the land of Hijrah and the Sunnah, and you will meet the most knowledgeable and noble people there, and you can say what you want to say with confidence; they wilt understand what you say and will interpret it correctly, `Umar (رضي الله عنه) said: If I reach Madinah safe and sound, I shall certainly talk to the people there in the first speech I deliver. When we came to Madinah at the end of Dhul-I-Iijah, it was a Friday. I set out early, ‘Umar did not care at what time he went out, because he did not pay attention to heat and cold and so on. I found Sa`eed bin Zaid at the right-hand corner of the minbar, he had got there before me. I sat down next to him, with my knee touching his knee, and it was not long before `Umar (رضي الله عنه)came. When I saw him, I said: He will certainly speak today on this minbar and say something that no one ever heard before. Sa`eed bin Zaid objected to that and said: What do you think he will say that no one said before? `Umar (رضي الله عنه)sat on the minbar, and when the mu`dhdhin fell silent, he stood up and praised and glorified Allah as He deserves, then he said: To proceed o people, I am going to tell you something that it has been decreed I should say. I do not know, perhaps it may signal my death. So whoever understands it and remembers it, let him narrate it to others wherever his mount takes him; whoever does not understand il, it is not permissible for him to tell lies about me. Allah, may He be blessed and exalted, sent Muhammad (ﷺ) with the truth and revealed the Book to him; among the things that were revealed to him was the verse of stoning [adulterers). We read it and understood it; the Messenger of Allah (ﷺ) stoned [adulterers] and we stoned adulterers] after him. But I fear that with the passage of time, some people will say: We do not find the verse of stoning in the Book of Allah, thus they will go astray by forsaking an obligation that Allah revealed. Stoning is the due punishment in the Book of Allah for those who commit zina, both men and women, if they have been married and if proof is established, or there is a pregnancy or a confession, And we used to recite: Do not claim to be the offspring of anyone other than your fathers, as it is disbelief (or ingratitude) on your part to claim to be the offspring of anyone other than your fathers, Verily the Messenger of Allah (ﷺ) said: `Do not praise me excessively as `Eesa, the son of Maryam, was praised; rather I am the slave of Allah, so say, the slave of Allah and His Messenger.` I have heard that some among you are saying. If `Umar (رضي الله عنه) dies, I shall swear allegiance to So and so. No man should deceive himself by saying that the oath of allegiance to Abu Bakr was given suddenly and it was is successful. There is no doubt that this is the case, but Allah, may He be glorified and exalted, saved the to 2 people from its bad consequences and there is no one among you today who has the qualities of Abu Bakr (رضي الله عنه) What happened to us when the Messenger of Allah (ﷺ) died was that ‘Ali, az-Zubair and those who were with them stayed behind in the house of Fatimah, the daughter of the Messenger of Allah (ﷺ), and all the Ansar stayed behind and gathered in Saqeefat Banu Sa`idah, whilst the Muhajireen gathered around Abu Bakr (رضي الله عنه) I said to him; O Abu Bakr, let us go to our brothers, the Ansar. So we set out, looking for them, then we were met by two righteous men who told us what the people had done, and said: where are you going, O Muhajireen? I said: We are looking for these brothers of ours, the Ansar, They said. You should not go near them; do whatever you have already decided, O Muhajireen. I said: By Allah, we will go to them. So we carried on until we came to them in Saqeefat Banu Sa`idah, where we found them gathered and among them was a man wrapped up [in a garment. I said: Who is this? They said: Sa`d bin `Ubadah. ! said: What is the matter with him? They said: He is sick. After we sat down, their spokesman stood up and praised and glorified Allah, may He glorified and exalted, as He deserves, then he said: To proceed. We are the supporters (Ansar) of Allah and the majority of the Muslim army. You, O Muhajireen, are a small group among us. Some of you came to us, wanting to deny who we are and prevent us from attaining a position of authority. When he fell silent, I wanted to present a speech that I had prepared and that I liked in front of Abu Bakr (رضي الله عنه) I used to avoid provoking him and he was more forbearing and more dignified than me. But Abu Bakr (رضي الله عنه) said: Wait a while. I did not like to make him angry, and he was more knowledgeable and more dignified than me. By Allah, he did not omit any word that I liked in the speech I had prepared but he said something like it or better, speaking spontaneously, until he finished speaking. Then he said: To proceed. Whatever you have mentioned about your achievements and virtues, is correct. The Arabs would not acknowledge the leadership of anyone except someone from this tribe of Quraish, for they are the best of the Arabs in lineage and location. I am pleased to suggest to you one of these two men, whichever of them you want. Then he took hold of my hand and the hand of Abu `Ubaidah bin al-Jarrah, and I disliked nothing of what he had said apart from this, for by Allah, I would rather have my neck struck for no sin on my part than to become the leader of people among whom was Abu Bakr (رضي الله عنه) unless my own self suggested something at the time of death. One of the Ansar said: I am the post on which the camel with a skin disease scratches itself and I am like a high class palm tree [i.e., a noble]. [I suggest] a ruler from among us and a ruler from among you, O Quraish. - I the narrator said to Malik; What does ‘I am the post on which the cainc! with a skin disease scratches itself and I am like a high class palm tree` mean? He said:It is as if he is saying, I am the smart one who has the answer. - Then there was a great deal of clamour and raised voices, to such an extent that I feared there would be a conflict, so I said: Hold out your hand, O Abu Bakr. So he held out his hand and I swore allegiance to him, and the Muhajireen swore allegiance to him, then the Ansar swore allegiance to him. Thus we surrounded Sa`d bin ‘Ubadah. One of them said: You have killed Sa`d i said: May Allah kill Sa’d! And `Umar (رضي الله عنه) said: By Allah, we never encountered any problem greater than the swearing of allegiance to Abu Bakr (رضي الله عنه) . We were afraid that if we left the people without having sworn allegiance to anyone, they might swear allegiance after we were gone, so we would either follow in their footsteps and swear allegiance to someone we were not pleased with, or we would disagree with them and that would cause trouble. If anyone swears allegiance to a leader without consulting the Muslims, there is no allegiance for him and no allegiance to the one who swore allegiance to him, lest both of them be killed. Malik said: Ibn Shihab told me, from `Urwah bin az-Zubair, that the men whom they met were `Uwaim bin Sa`idah and Ma`n bin `Adiyy. Ibn Shihab said. Sa`eed bin al-Musayyab told me that the one who said, I am the post on which the camel with a skin disease scratches itself and I am like a high class palm tree, was al-lubab bin al-Mundhir.

Ibn ‘Abbas (RAA) narrated, ‘I heard the Messenger of Allah (P.B.U.H.) say, "If a Muslim man dies and a group of forty people, who do not associate any one with Allah, pray for him, Allah will accept their intercession for him (by way of their Du’A for him.” Related by Muslim.

Jarir (RAA) narrated that The Messenger of Allah (P.B.U.H.) said, “Any Muslim who stays among the polytheists, does not belong to me.” Related by the three Imams with a sound chain of narrators. Imam Al-Bukhari considered it as Mursal (i.e. the companion is absent from the chain of narrators.

Yahya related to me from Malik that he had heard the same as that from al-Qasim ibn Muhammad from Ibn Muayqib ad-Dawsi.

Malik said, "This is the way of doing things among us . "

Malik said, "The generally agreed on way of doing things among us is that wheat is not sold for wheat, dates for dates, wheat for dates, dates for raisins, wheat for raisins, nor any kind of food sold for food at all, except from hand to hand. If there is any sort of delayed terms in the transaction, it is not good. It is haram. Condiments are not bartered except from hand to hand."

Malik said, "Food and condiments are not bartered when they are the same type, two of one kind for one of the other. A mudd of wheat is not sold for two mudds of wheat, nor a mudd of dates for two mudds of dates, nor a mudd of raisins for two mudds of raisins, nor is anything of that sort done with grains and condiments when they are of one kind, even if it is hand to hand.

"This is the same position as silver for silver and gold for gold. No increase is halal in the transaction, and only like for like, from hand to hand is halal."

Malik said, "If there is a clear difference in foodstuffs which are measured and weighed, there is no harm in taking two of one kind for one of another, hand to hand. There is no harm in taking a sa of dates for two sa of wheat, and a sa of dates for two sa of raisins, and a sa of wheat for two sa of ghee. If the two sorts in the transaction are different, there is no harm in two for one or more than that from hand to hand. If delayed terms enter into the sale, it is not halal ."

Malik said, "It is not halal to trade a heap of wheat for a heap of wheat. There is no harm in a heap of wheat for a heap of dates, from hand to hand. That is because there is no harm in buying wheat with dates without precise measurement."

Malik said, "With kinds of foods and condiments that differ from each other, and the difference is clear, there is no harm in bartering one kind for another, without precise measurement from hand to hand. If delayed terms enter into the sale, there is no good in it. Bartering such things without precise measurement is like buying it with gold and silver without measuring precisely."

Malik said, "That is because you buy wheat with silver without measuring precisely, and dates with gold without measuring precisely, and it is halal. There is no harm in it."

Malik said, "It is not good for someone to make a heap of food, knowing its measure and then to sell it as if it had not been measured precisely, concealing its measure from the buyer. If the buyer wants to return that food to the seller, he can, because he concealed its measure and so it is an uncertain transaction. This is done with any kind of food or other goods whose measure and number the seller knows, and which he then sells without measurement and the buyer does not know that. If the buyer wants to return that to the seller, he can return t. The people of knowledge still forbid such a transaction."

Malik said, "There is no good in selling one round loaf of bread for two round loaves, nor large for small when some of them are bigger than others. When care is taken that they are like for like, there is no harm in the sale, even if they are not weighed."

Malik said, "It is not good to sell a mudd of butter and a mudd of milk for two mudds of butter. This is like what we described of selling dates when two sa of kabis and a sa of poor quality dates were sold for three sa of ajwa dates after the buyer had said to the seller, 'Two sa of kabis dates for three sa of ajwa dates is not good,' and then he did that to make the transaction possible. The owner of the milk puts the milk with his butter so that he can use the superiority of his butter over the butter of the other party to put his milk in with it."

Malik said, "Flour for wheat is like for like, and there is no harm in that. That is if he does not mix up anything with the flour and sell it for wheat, like for like. Had he put half a mudd of flour and half of wheat, and then sold that for a mudd of wheat, it would be like what we described, and it would not be good because he would want to use the superiority of his good wheat to put flour along with it. Such a transaction is not good."

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)

Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."

Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.

Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."

Messenger of Allah (PBUH) said, "The first defect (in religion) which affected the Children of Israel in the way that man would meet another and say to him: 'Fear Allah and abstain from what you are doing, for this is not lawful for you.' Then he would meet him the next day and find no change in him, but this would not prevent him from eating with him, drinking with him and sitting in his assemblies. When it came to this, Allah led their hearts into evil ways on account of their association with others." Then he (PBUH) recited, "Those among the Children of Israel who disbelieved were cursed by the tongue of Dawud (David) and 'Isa (Jesus), son of Maryam (Mary). That was because they disobeyed (Allah and the Messengers) and were ever transgressing beyond bounds. They used not to forbid one another from the Munkar (wrong, evildoing, sins, polytheism, disbelief) which they committed. Vile indeed was what they used to do. You see many of them taking the disbelievers as their Auliya' (protectors and helpers). Evil indeed is that which their own selves have sent forward before them; for that (reason) Allah's wrath fell upon them and in torment will they abide. And had they believed in Allah and in the Prophet (Muhammad (PBUH)) and in what has been revealed to him, never would they have taken them (the disbelievers) as Auliya' (protectors and helpers); but many of them are the Fasiqun (rebellious, disobedient to Allah)." (5:78-81)

Then he (PBUH) continued: "Nay, by Allah, you either enjoin good and forbid evil and catch hold of the hand of the oppressor and persuade him to act justly and stick to the truth, or, Allah will involve the hearts of some of you with the hearts of others and will curse you as He had cursed them".

[Abu Dawud and At-Tirmidhi, who categorized it as Hadith Hasan].

The wording in At-Tirmidhi is: Messenger of Allah (PBUH) said, "When the Children of Israel became sinful, their learned men prohibited them but they would not turn back. Yet, the learned men associated with them and ate and drank with them. So, they were cursed at the tongues of Dawud and 'Isa (Jesus), son of Maryam (Mary), because they were disobedient and were given to transgression." At this stage Messenger of Allah (PBUH) who was reclining on a pillow sat up and said, "No, By Him in Whose Hand my soul is, there is no escape for you but you persuade them to act justly."

The Messenger of Allah (PBUH) said, "Allah, the Exalted, has teams of angels who go about on the roads seeking those who remember Allah. When they find some people remembering Allah they call to one another and say, 'Come to what you are looking for;' and they surround them with their wings till the space between them and the lowest sky is fully covered. Allah, the Exalted and Glorious, asks them (although He is best informed about every thing): 'What are my slave saying?' They say: 'They are glorifying Your Tasbih, Tahmid, Takbir, Tamjid, (i.e., they were declaring Your Perfectness, praising, remembering the Greatness and Majesty of Allah).' He asks: 'Have they seen Me?' They reply, 'No, indeed, they have not seen You.' He asks: 'How would they act if they were to see Me?' Thereupon they reply: 'If they were to see You, they would engage more earnestly in worshipping and glorifying You and would extol You more.' He would say: 'What do they beg of Me?' They say, 'They beg You for Your Jannah.' Allah says, 'Have they seen My Jannah?' They say, 'No, our Rubb.' He says: 'How would they act if they were to see My Jannah?' They reply, 'Were they to see it, they would more intensely eager for it.' They (the angels) say, 'They seek Your Protection.' He asks, 'Against what do they seek My Protection?' They (the angels) say, 'Our Rubb, from the fire of Hell.' (He, the Rubb) says, 'Have they seen the fire of Hell?' They say, 'No. By Your Honour, they have not seen it.' He says: 'How would they act if they were to see My Fire?' They say: 'If they were to see it, they would more earnest in being away from it and fearing it. They beg of Your forgiveness.' He says: 'I call you to witness that I hereby grant pardon to them and confer upon them what they ask for; and grant them protection against what they seek protection from.' One of the angels says: 'Our Rubb, there is amongst them such and such slave who does not belong to the assembly of those who are participating in Your remembrance. He passed by them and sat down with them.' He says: 'I also grant him pardon because they are the people by virtue of whom their associates will not be unfortunate'."

[Al-Bukhari and Muslim].

(The narration in Muslim is also the same with minor changes in wordings).

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."