Yahya related to me from Malik, from Abu'l-Aswad Muhammad ibn Abd ar-Rahman, fromUrwa ibn az-Zubayr, that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj, and some of us went into ihram to do umra, some of us went into ihram to do hajj and umra, and some of us went into ihram to do hajj on its own. The Messenger of Allah, may Allah bless him and grant him peace, went into ihram to do hajj on its own. Those who had gone into ihram to do umra came out of ihram (after doing umra). Those who had gone into ihram to do hajj (on its own), or to do both hajj and umra, did not come out of ihram until the day of the sacrifice."

Abu Bakr bought a (camel) saddle from `Azib for thirteen Dirhams. Abu Bakr said to `Azib, "Tell Al- Bara' to carry the saddle for me." `Azib said, "No, unless you relate to me what happened to you and Allah's Apostle when you left Mecca while the pagans were in search of you." Abu Bakr said, "We left Mecca and we traveled continuously for that night and the following day till it was midday. I looked (around) searching for shade to take as shelter, and suddenly I came across a rock, and found a little shade there. So I cleaned the place and spread a bed for the Prophet in the shade and said to him, 'Lie down, O Allah's Apostle.' So the Prophet lay down and I went out, looking around to see if there was any person pursuing us. Suddenly I saw a shepherd driving his sheep towards the rock, seeking what we had already sought from it. I asked him, 'To whom do you belong, O boy?' He said, 'I belong to a man from Quraish.' He named the man and I recognized him. I asked him, 'Is there any milk with your sheep?' He said, 'Yes.' I said, 'Will you then milk (some) for us?' He said, 'Yes.' Then I asked him to tie the legs of one of the sheep and clean its udder, and then ordered him to clean his hands from dust. Then the shepherd cleaned his hands by striking his hands against one another. After doing so, he milked a small amount of milk. I used to keep for Allah's Apostle a leather water-container, the mouth of which was covered with a piece of cloth. I poured water on the milk container till its lower part was cold. Then I took the milk to the Prophet whom I found awake. I said to him, 'Drink, O Allah's Apostle.' So he drank till I became pleased. Then I said, 'It is time for us to move, O Allah's Apostle!' He said, 'Yes.' So we set out while the people (i.e. Quraish pagans) were searching for us, but none found us except Suraqah bin Malik bin Ju`shum who was riding his horse. I said, 'These are our pursuers who have found us. O Allah's Apostle!' He said, 'Do not grieve, for Allah is with us."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

While we were sitting in the company of the Prophet a woman came to him and presented herself (for marriage) to him. The Prophet looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, "Marry her to me O Allah's Apostle!" The Prophet asked (him), "Have you got anything?" He said, "I have got nothing." The Prophet said, "Not even an iron ring?" He Sa`d, "Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half." The Prophet; said, "No. Do you know some of the Qur'an (by heart)?" He said, "Yes." The Prophet said, "Go, I have agreed to marry her to you with what you know of the Qur'an (as her Mahr)."

' Aisha said, "We set out with Allah's Apostles in the months of Hajj, and (in) the nights of Hajj, and at the time and places of Hajj and in a state of Hajj. We dismounted at Sarif (a village six miles from Mecca). The Prophet then addressed his companions and said, "Anyone who has not got the Hadi and likes to do Umra instead of Hajj may do so (i.e. Hajj-al-Tamattu`) and anyone who has got the Hadi should not finish the Ihram after performing ' `Umra). (i.e. Hajj-al-Qiran). Aisha added, "The companions of the Prophet obeyed the above (order) and some of them (i.e. who did not have Hadi) finished their Ihram after Umra." Allah's Apostle and some of his companions were resourceful and had the Hadi with them, they could not perform Umra (alone) (but had to perform both Hajj and Umra with one Ihram). Aisha added, "Allah's Apostle came to me and saw me weeping and said, "What makes you weep, O Hantah?" I replied, "I have heard your conversation with your companions and I cannot perform the Umra." He asked, "What is wrong with you?' I replied, ' I do not offer the prayers (i.e. I have my menses).' He said, ' It will not harm you for you are one of the daughters of Adam, and Allah has written for you (this state) as He has written it for them. Keep on with your intentions for Hajj and Allah may reward you that." Aisha further added, "Then we proceeded for Hajj till we reached Mina and I became clean from my menses. Then I went out from Mina and performed Tawaf round the Ka`ba." Aisha added, "I went along with the Prophet in his final departure (from Hajj) till he dismounted at Al-Muhassab (a valley outside Mecca), and we too, dismounted with him." He called ' `Abdur-Rahman bin Abu Bakr and said to him, ' Take your sister outside the sanctuary of Mecca and let her assume Ihram for ' `Umra, and when you had finished ' `Umra, return to this place and I will wait for you both till you both return to me.' " ' Aisha added, " So we went out of the sanctuary of Mecca and after finishing from the ' `Umra and the Tawaf we returned to the Prophet at dawn. He said, 'Have you performed the ' `Umra?' We replied in the affirmative. So he announced the departure amongst his companions and the people set out for the journey, and the Prophet: too left for Medina.''

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

When we were sitting with the Messenger of Allah (saws), he talked about periods of trial (fitnahs), mentioning many of them.

When he mentioned the one when people should stay in their houses, some asked him: Messenger of Allah, what is the trial (fitnah) of staying at home?

He replied: It will be flight and plunder. Then will come a test which is pleasant. Its murkiness is due to the fact that it is produced by a man from the people of my house, who will assert that he belongs to me, whereas he does not, for my friends are only the God-fearing. Then the people will unite under a man who will be like a hip-bone on a rib. Then there will be the little black trial which will leave none of this community without giving him a slap, and when people say that it is finished, it will be extended. During it a man will be a believer in the morning and an infidel in the evening, so that the people will be in two camps: the camp of faith which will contain no hypocrisy, and the camp of hypocrisy which will contain no faith. When that happens, expect the Antichrist (Dajjal) that day or the next.

When Az-Zubair married me, he had no real property or any slave or anything else except a camel which drew water from the well, and his horse. I used to feed his horse with fodder and drew water and sew the bucket for drawing it, and prepare the dough, but I did not know how to bake bread. So our Ansari neighbors used to bake bread for me, and they were honorable ladies. I used to carry the date stones on my head from Zubair's land given to him by Allah's Apostle and this land was two third Farsakh (about two miles) from my house. One day, while I was coming with the date stones on my head, I met Allah's Apostle along with some Ansari people. He called me and then, (directing his camel to kneel down) said, "Ikh! Ikh!" so as to make me ride behind him (on his camel). I felt shy to travel with the men and remembered Az-Zubair and his sense of Ghira, as he was one of those people who had the greatest sense of Ghira. Allah's Apostle noticed that I felt shy, so he proceeded. I came to Az-Zubair and said, "I met Allah's Apostle while I was carrying a load of date stones on my head, and he had some companions with him. He made his camel kneel down so that I might ride, but I felt shy in his presence and remembered your sense of Ghira (See the glossary). On that Az-Zubair said, "By Allah, your carrying the date stones (and you being seen by the Prophet in such a state) is more shameful to me than your riding with him." (I continued serving in this way) till Abu Bakr sent me a servant to look after the horse, whereupon I felt as if he had set me free.

When Allah revealed the Verse: "Warn your nearest kinsmen," Allah's Apostle got up and said, "O people of Quraish (or said similar words)! Buy (i.e. save) yourselves (from the Hellfire) as I cannot save you from Allah's Punishment; O Bani `Abd Manaf! I cannot save you from Allah's Punishment, O Safiya, the Aunt of Allah's Apostle! I cannot save you from Allah's Punishment; O Fatima bint Muhammad! Ask me anything from my wealth, but I cannot save you from Allah's Punishment."

The aunt of Umarah ibn Umayr asked Aisha: I have an orphan in my guardianship. May I enjoy from his property? She said: The Messenger of Allah (saws) said: The pleasantest things a man enjoys come from what he earns, and his child comes from what he earns.

The Prophet sent some cavalry towards Najd and they brought a man from the tribe of Banu Hanifa who was called Thumama bin Uthal. They fastened him to one of the pillars of the Mosque. The Prophet went to him and said, "What have you got, O Thumama?" He replied," I have got a good thought, O Muhammad! If you should kill me, you would kill a person who has already killed somebody, and if you should set me free, you would do a favor to one who is grateful, and if you want property, then ask me whatever wealth you want." He was left till the next day when the Prophet said to him, "What have you got, Thumama? He said, "What I told you, i.e. if you set me free, you would do a favor to one who is grateful." The Prophet left him till the day after, when he said, "What have you got, O Thumama?" He said, "I have got what I told you. "On that the Prophet said, "Release Thumama." So he (i.e. Thumama) went to a garden of date-palm trees near to the Mosque, took a bath and then entered the Mosque and said, "I testify that None has the right to be worshipped except Allah, and also testify that Muhammad is His Apostle! By Allah, O Muhammad! There was no face on the surface of the earth most disliked by me than yours, but now your face has become the most beloved face to me. By Allah, there was no religion most disliked by me than yours, but now it is the most beloved religion to me. By Allah, there was no town most disliked by me than your town, but now it is the most beloved town to me. Your cavalry arrested me (at the time) when I was intending to perform the `Umra. And now what do you think?" The Prophet gave him good tidings (congratulated him) and ordered him to perform the `Umra. So when he came to Mecca, someone said to him, "You have become a Sabian?" Thumama replied, "No! By Allah, I have embraced Islam with Muhammad, Apostle of Allah. No, by Allah! Not a single grain of wheat will come to you from Yamamah unless the Prophet gives his permission."

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 ...

The Messenger of Allah (saws) prescribed this sadaqah as one sa' of dried dates or barley, or half a sa' of wheat payable by every freeman or slave, male or female, young or old. When Ali came (to Basrah), he found that price had come down. He said: Allah has given prosperity to you, so give one sa' of everything (as sadaqah).

The narrator Humayd said: Al-Hasan maintained that the sadaqah at the end of Ramadan was due on a person who fasted.

Abu Bakr , wrote to me about the Zakat which Allah had ordered His Apostle to observe: Whoever had to pay Jahda (Jahda means a four-year-old she-camel) as Zakat from his herd of camels and he had not got one, and he had Hiqqa (three-year-old she-camel), that Hiqqa should be accepted from him along with two sheep if they were available or twenty Dirhams (one Durham equals about 1/4 Saudi Riyal) and whoever had to pay Hiqqa as Zakat and he had no Hiqqa but had a Jadha, the Jadha should be accepted from him, and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Hiqqa as Zakat and he had not got one, but had a Bint Labun (two-year-old she-camel), it should be accepted from him along with two sheep or twenty Dirhams; and whoever had to pay Bint Labun and had a Hiqqa, that Hiqqa should be accepted from him and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Bint Labun and he had not got one but had a Bint Makhad (one-year-old she camel), that Bint Makhad should be accepted from him along with twenty Dirhams or two sheep.

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

My uncle brought me (to Medina) in the pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore a child, AbdurRahman ibn al-Hubab, to him and he (al-Hubab) then died.

Thereupon his wife said: I swear by Allah, now you will be sold (as a repayment) for his loan.

So I came to the Messenger of Allah (saws) and said: Messenger of Allah! I am a woman of Banu Kharijah Qays ibn Aylan. My uncle had brought me to Medina in pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore AbdurRahman ibn al-Hubab to him. His wife said: I swear by Allah, you will be sold for his loan.

The Messenger of Allah (saws) said: Who is the guardian of al-Hubab?

He was told: His brother, AbulYusr ibn Amr. He then sent for him and said: Set her free; when you hear that some slaves have been brought to me, came to me, and I shall compensate you for her.

She said: They set me free, and when some slaves were brought to the Messenger of Allah (saws), he gave them a slave in compensation for me.

While we were sitting with the Prophet who had a stick with which he was scraping the earth, he lowered his head and said, "There is none of you but has his place assigned either in the Fire or in Paradise." Thereupon a man from the people said, "Shall we not depend upon this, O Allah's Apostle?" The Prophet said, "No, but carry on and do your deeds, for everybody finds it easy to do such deeds (as will lead him to his place)." The Prophet then recited the Verse: 'As for him who gives (in charity) and keeps his duty to Allah..' (92.5)

Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."

Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."

Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."

Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."

Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."

Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which ...

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "The people of Madina should enter ihram at Dhu'l-Hulayfa, the people of Syria should do so at al-Juhfa, and the people of Najd should do so at Qarn."

Abdullah ibn Umar added, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, said, 'The people of Yemen should enter ihram at Yalamlam.' "

We were in a Ghazwa (Sufyan once said, in an army) and a man from the emigrants kicked an Ansari man (on the buttocks with his foot). The Ansari man said, "O the Ansar! (Help!)" and the emigrant said. "O the emigrants! (Help!) Allah's Apostle heard that and said, "What is this call for, which is characteristic of the period of ignorance?" They said, "O Allah's Apostle! A man from the emigrants kicked one of the Ansar (on the buttocks with his foot)." Allah's Apostle said, "Leave it (that call) as is a detestable thing." `Abdullah bin Ubai heard that and said, 'Have the (the emigrants) done so? By Allah, if we return Medina, surely, the more honorable will expel therefrom the meaner." When this statement reached the Prophet. `Umar got up an, said, "O Allah's Apostle! Let me chop off the head of this hypocrite (`Abdullah bin Ubai)!" The Prophet said "Leave him, lest the people say that Muhammad kills his companions." The Ansar were then more in number than the emigrants when the latter came to Medina, but later on the emigrant increased.

`Abdullah bin `Umar said, "Allah's Apostle said, 'The people of Medina should assume lhram from Dhul-Hulaifa; the people of Sham from Al-Juhfa; and the people of Najd from Qarn." And `Abdullah added, "I was informed that Allah's Apostle had said, 'The people of Yemen should assume Ihram from Yalamlam.' "

" We were accompanying a funeral procession in Baqi-I-Gharqad. The Prophet came to us and sat and we sat around him. He had a small stick in his hand then he bent his head and started scraping the ground with it. He then said, "There is none among you, and not a created soul, but has place either in Paradise or in Hell assigned for him and it is also determined for him whether he will be among the blessed or wretched." A man said, "O Allah's Apostle! Should we not depend on what has been written for us and leave the deeds as whoever amongst us is blessed will do the deeds of a blessed person and whoever amongst us will be wretched, will do the deeds of a wretched person?" The Prophet said, "The good deeds are made easy for the blessed, and bad deeds are made easy for the wretched." Then he recited the Verses:-- "As for him who gives (in charity) and is Allah-fearing And believes in the Best reward from Allah. " (92.5-6)

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of ...

The Prophet concluded a contract with the people of Khaibar to utilize the land on the condition that half the products of fruits or vegetation would be their share. The Prophet used to give his wives one hundred Wasqs each, eighty Wasqs of dates and twenty Wasqs of barley. (When `Umar became the Caliph) he gave the wives of the Prophet the option of either having the land and water as their shares, or carrying on the previous practice. Some of them chose the land and some chose the Wasqs, and `Aisha chose the land.

Allah's Apostle used to seek refuge with Allah saying, "O Allah! I seek refuge with You from laziness, and seek refuge with You from cowardice, and seek refuge with You from geriatric old age, and seek refuge with You from miserliness."

The Prophet said, "None is killed unjustly, but the first son of Adam will have a part of its burden." Sufyan said, "..a part of its blood because he was the first to establish the tradition of murdering"

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) ...